31Emergency operations to which this Part applies

31 Emergency operations to which this Part applies

Emergency operations to which Part applies (1A) This Part applies to: (a) an emergency operation that is covered by an instrument made under subsection (1); or (b) if a state of emergency has been declared under section 15 in relation to an emergency—an emergency operation that is carried out in connection with that emergency, subject to subsection (1B). (1B) This Part applies under paragraph (1A)(b) to the emergency operation during the period starting when the emergency operation begins (whether before or after the state of emergency is declared) and ending at: (a) if paragraph (b) of this subsection does not apply—the end of the period during which the declaration of a state of emergency is in force; or (b) if an instrument in force under subsection (1C) declares a day in relation to the state of emergency for the purposes of this paragraph—the end of that day.

Note: Example: An employee is absent from the employee’s employment to take part in an emergency operation before the time the declaration of a state of emergency is broadcast or published (i.e. the operation notice time). Section 30 may apply in relation to action taken by the employer, after the operation notice time, in relation to that absence.

Declaration of a day when Part ceases to apply (1C) The Minister may, by notifiable instrument, declare a day in relation to a state of emergency for the purposes of paragraph (1B)(b) that is no earlier than the day after the instrument is registered.

Note: The declared day may be before or after the end of the period in which the declaration of a state of emergency is in force. The declared day may be described in the instrument as the day after the instrument is registered or may be stated to be a particular day.

Direction that Part applies (1) The Minister may, by legislative instrument, direct that this Part applies to: (a) a specified emergency operation, or class of emergency operations, carried out in connection with an emergency specified in the instrument; or (b) all emergency operations carried out in connection with an emergency specified in the instrument. (2A) If an instrument made under subsection (1) covers an emergency operation that began before the instrument commenced, the instrument may provide for this Part to apply to the operation from a specified day no earlier than the day when the operation began. (2) In determining whether to make an instrument under subsection (1), the Minister must have regard to the possible duration of the emergency. (3) The Minister may make an instrument under subsection (1) whether or not a state of emergency has been declared under section 15.