150CEmergency powers of emergency controller

150C Emergency powers of emergency controller (1) This section applies if an emergency controller is appointed under section 150A for an emergency. (2) For the management of the emergency, the emergency controller may–– (a) direct the movement of people, animals or vehicles within, into or around the area to which the emergency applies (the emergency area); and (b) give directions regulating or prohibiting the movement of people, animals or vehicles within, into or around the emergency area; and (c) direct, in writing, the owner of property in or near the emergency area to place the property under the control, or at the disposal, of the emergency controller; and

(d) direct a person to give information, answer questions, or produce documents or anything else, reasonably needed; and Example—information personal health information or a health record Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (e) take possession of any premises, animal, substance or thing in or near the emergency area; and (f) excavate land, form tunnels or construct earthworks, barriers or temporary structures in or near the emergency area; and (g) control, use, close off or block a drainage facility in or near the emergency area; and (h) in relation to essential services–– (i) maintain, restore or prevent disruption of the services; and (ii) control and coordinate the distribution of services; and Examples––essential services • water • electricity • gas • fuel • food • health • waste disposal • sanitation • freight • public transport • correctional facilities

(i) do anything else that the chief officer of an emergency service may do under section 34 (General powers of chief officers). Note A chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal. (3) Subsection (2) operates despite any other territory law. (4) However, the Chief Minister may direct, in writing— (a) that the emergency controller is not to have a power (or part of a power) mentioned in subsection (2); or (b) that the emergency controller has another stated power. Note A direction may be included in the instrument of appointment (see Legislation Act, s 49). (5) The emergency controller may delegate a function mentioned in subsection (2) to the head of an entity. (6) A person who is delegated a function under subsection (5) may delegate the function to another member, officer, employee or contractor of the entity. owner, of property, includes an occupier or someone apparently in charge of the property. 150CA Appointment of deputy 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