sec.9Directions about powers under other Acts during disaster situation

### sec.9 Directions about powers under other Acts during disaster situation This section applies if there is a disaster situation. The chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may give directions about the circumstances in which a power under another Act may be exercised during the period of the disaster situation. However, the chairperson or relevant district disaster coordinator must not give directions about the way in which the power may be exercised. A direction under subsection (2) may be given— only to the person who may exercise the power under the other Act; and only if it is necessary for effective management of the disaster for which the disaster situation is declared. The chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. If the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. Also, a direction under subsection (2) — may be general or limited to a particular class of persons; and may be given on conditions. Before giving a direction under subsection (2) about the exercise of a power under another Act, the chairperson or relevant district disaster coordinator must take reasonable steps to consult with the chief executive of the department or other agency in which the Act is administered. A failure to consult under subsection (6) does not affect the validity of the direction. Subsection (2) does not apply to the Police Powers and Responsibilities Act 2000 or to terrorist emergency powers or CBR emergency powers under the Public Safety Preservation Act 1986 . s 9 amd 2007 No. 34 s 4 ; 2014 No. 7 s 578 s ch 4 pt 2 ; 2024 No. 22 s 92 sch 1 (sec.9-ssec.1) This section applies if there is a disaster situation. (sec.9-ssec.2) The chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may give directions about the circumstances in which a power under another Act may be exercised during the period of the disaster situation. (sec.9-ssec.3) However, the chairperson or relevant district disaster coordinator must not give directions about the way in which the power may be exercised. (sec.9-ssec.4) A direction under subsection (2) may be given— only to the person who may exercise the power under the other Act; and only if it is necessary for effective management of the disaster for which the disaster situation is declared. The chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. If the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. (sec.9-ssec.5) Also, a direction under subsection (2) — may be general or limited to a particular class of persons; and may be given on conditions. (sec.9-ssec.6) Before giving a direction under subsection (2) about the exercise of a power under another Act, the chairperson or relevant district disaster coordinator must take reasonable steps to consult with the chief executive of the department or other agency in which the Act is administered. (sec.9-ssec.7) A failure to consult under subsection (6) does not affect the validity of the direction. (sec.9-ssec.8) Subsection (2) does not apply to the Police Powers and Responsibilities Act 2000 or to terrorist emergency powers or CBR emergency powers under the Public Safety Preservation Act 1986 . - (a) only to the person who may exercise the power under the other Act; and - (b) only if it is necessary for effective management of the disaster for which the disaster situation is declared. - • The chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. - • If the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. - (a) may be general or limited to a particular class of persons; and - (b) may be given on conditions.