Emergencies Act 2004
150AAppointment of emergency controller
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150A Appointment of emergency controller (1) This section applies if the Chief Minister— (a) is satisfied that–– (i) an emergency has happened, is happening or is likely to happen; but (ii) it is not necessary to declare a state of emergency; or
(b) declares that a state of emergency exists in relation to an (2) The Chief Minister— (a) for subsection (1) (a)—may appoint a person to be the emergency controller for the emergency; and (b) for subsection (1) (b)—must appoint a person to be the emergency controller for the declared state of emergency. Note 3 If the Chief Minister is absent from duty or otherwise unable to exercise Minister (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 44). (4) The appointment of the emergency controller for an emergency under subsection (1) (a) must be for a term of not longer than 28 days. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (5) If a person is appointed as the emergency controller for an emergency under subsection (1) (a) and the Chief Minister declares a state of emergency in relation to the emergency, the person is taken to be appointed under subsection (2) (b) as the emergency controller for the declared state of emergency. (6) However, the Chief Minister may appoint someone else under subsection (2) (b) to be the emergency controller for the declared state of emergency.
(7) The appointment of a person as the emergency controller— (a) for an emergency under subsection (1) (a)—ends on the earliest of the following occurring: (i) the appointment is revoked; (ii) the person is taken to be the emergency controller for a declared state of emergency under subsection (5); (iii) another person is appointed to be the emergency controller for a declared state of emergency as mentioned in subsection (6); (iv) the term of the appointment ends; or (b) for a declared state of emergency under subsection (1) (b)—ends if the appointment is revoked. (8) The Chief Minister may be satisfied that an emergency is likely to