42Declaration of state of emergency

42 Declaration of state of emergency

(1)  [Section 42 Subsection (1) substituted by No. 31 of 2018, s. 24, Applied:10 Dec 2018] The Premier may declare a state of emergency if he or she is satisfied, on reasonable grounds, of one or more of the following:

(a) that an emergency, or a significant threat of an emergency, is occurring or has occurred in Tasmania;

(b) that the existing circumstances require, or may require, the exercise of special emergency powers.

(2)  A declaration of a state of emergency –

(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 declaration is made under this Act; and

(c) is to describe the general nature of the emergency to which the declaration relates; and

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

(e) is to specify –

(i) the Regional Controllers who may exercise special emergency powers under the declaration; and

(ii) that the State Controller may exercise special emergency powers under the declaration; and

(f) is to specify which special emergency powers are exercisable under the declaration and by whom; and

(g) is to specify the date and time at which, or the event on whose occurrence, the declaration takes effect; and

(h) is to specify the period for which the declaration has effect or the date and time at which, or the event on whose occurrence, the declaration ceases to have effect; and

(i) may specify any conditions and instructions the State Controller considers appropriate.

(3)  A declaration of a state of emergency may not be made so as to have effect –

(a) for a period exceeding 12 weeks in the case of an emergency relating to disease in humans or animals; or