36Police powers to take other safety measures

36 Police powers to take other safety measures

(1) If a senior police officer is satisfied there are reasonable grounds for doing so to protect persons or animals from injury or death, or to protect property threatened by an actual or imminent emergency, the officer may direct, or authorise another police officer (an authorised police officer) to direct, any of the following: (a) the closure to traffic of a street, road, lane or footpath, or a place open to or used by the public, in a danger area or part of a danger area; (b) the removal of any vehicles in a danger area or part of a danger area; (c) the closure of any other public or private place in a danger area or part of a danger area; (d) the destruction, taking down or shoring up of a wall or premises, or part of premises, in a danger area or part of a danger area, that are damaged or insecure; (e) the shutting off or disconnection of the supply of water or any gas, liquid, solid, grain, powder or other substance in or from a main, pipeline, container or storage facility in a danger area or part of a danger area; (f) the shutting off or disconnection of the supply of gas or electricity to premises in a danger area or part of a danger area; (g) the taking possession, removal or destruction of any thing in a danger area or part of a danger area that may be dangerous to life or property or that may interfere with the response to the emergency; (h) the protection or isolation of any thing in a danger area by preventing a person from removing or otherwise interfering with the thing. (2) Before making a direction under subsection (1) in relation to Defence land, the person making the direction must be satisfied that the Senior Australian Defence Force Officer at HMAS Creswell, or a person authorised by the Senior Australian Defence Force Officer, has been consulted. (3) However, subsection (2) does not apply if: (a) the direction is made in circumstances in which the person making the direction considers there is an imminent threat to life; or (b) the requirement to be consulted has been waived by: (i) the Secretary of the Defence Department; or (ii) the Chief of the Defence Force; or (iii) the Senior Australian Defence Force Officer at HMAS Creswell; or (iv) a person authorised by the Senior Australian Defence Force Officer to waive the requirement. (4) For the purposes of a direction made under paragraph (1)(e) or (f), a senior police officer or authorised police officer may require the person who controls or supplies the substance or service to which the direction relates to immediately send a competent person to carry out the direction in accordance with the reasonable directions of the senior police officer or authorised police officer. (5) A person who supplies a substance or service mentioned in paragraph (1)(e) or (f) is not liable for damages for any interruption of that supply because the supply is shut off or disconnected in accordance with a direction of a senior police officer or authorised police officer under subsection (1). (6) A police officer exercising a function under a direction made under subsection (1) may do so with the aid of, or be accompanied by, such assistants as the police officer considers necessary. (7) A person commits an offence if the person fails to comply with a direction of a senior police officer, or authorised police officer, made under this section.