Emergency Management Act 2006
36Risk identification and assessment authorisation
Start here
Get a plain-English read of 36
Turn the raw legal text into a practical explanation grounded in Emergency Management Act 2006.
36 Risk identification and assessment authorisation
(1) In this section –
potential hazard means a place, structure, source or situation that may, or may in certain circumstances, be a hazard;
potential risk activity means an activity carried on by any person that is of such a nature that it may, or may in certain circumstances, pose a risk of the activity causing, contributing to or aggravating an emergency;
specified means specified in an authorisation under subsection (2) .
(2) If the State Controller considers that a place, structure, source or situation may be a potential hazard or that an activity may be a potential risk activity, the State Controller may authorise the inspection of –
(a) any specified place, premises or vehicle; and
(b) any specified class of places, premises or vehicles connected with the place, structure, source or situation that may be a potential hazard or with the carrying on of the activity that may be a potential risk activity –
for the purposes of determining whether the place, structure, source, situation or activity is a potential hazard or potential risk activity and assessing the risk posed by it.
(3) An authorisation –
(a) may be oral or in writing, but if it is oral it is to be confirmed in writing as soon as practicable; and
(b) is to specify that the authorisation is made under this Act; and
(c) is to describe the place, premises, source or situation, or the activity, in respect of which the authorisation is made; and
(d) is to specify the place, premises or vehicle in respect of which an authorised officer may exercise powers of entry under the authorisation; and
(e) is to specify the authorised officers or classes of authorised officers who may exercise powers under the authorisation; and
(f) is to specify the date and time at which, or the event on whose occurrence, the authorisation takes effect; and