40Authorisation of emergency powers

40 Authorisation of emergency powers

(1)  The State Controller may authorise the exercise, in accordance with the authorisation, of emergency powers if he or she –

(a) [Section 40 Subsection (1) amended by No. 31 of 2018, s. 22, Applied:10 Dec 2018] is satisfied that an emergency, or a significant threat of an emergency, is occurring or has occurred in Tasmania and, due to the occurrence of that emergency, there are reasonable grounds for the exercise of those powers for the purpose of –

(i) protecting persons from distress, injury or death; or

(ii) protecting property or the environment from damage or destruction; or

(b) [Section 40 Subsection (1) amended by No. 31 of 2018, s. 22, Applied:10 Dec 2018] is satisfied on credible information that an emergency that may impact on Tasmania is occurring outside Tasmania.

(2)  The State Controller may make an authorisation whether or not a state of emergency has been declared.

(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 general nature of the emergency to which the authorisation relates; and

(d) is to describe the area in respect of which the authorisation is made; and

(e) is to specify –

(i) the authorised officers or the classes of authorised officers who may exercise emergency powers under the authorisation; or

(ii) that all authorised officers may exercise emergency powers under the authorisation; and

(f) [Section 40 Subsection (3) amended by No. 31 of 2018, s. 22, Applied:10 Dec 2018] may specify either or both of the following: