7Application of Act in emergencies

7 Application of Act in emergencies (1) This Act (other than part 6 (Drug and alcohol offences)) does not apply to— (a) the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of— (i) protecting life or property; or (ii) controlling, extinguishing or preventing the spread of a fire; and

(b) action by an authorised officer to prevent, minimise or remedy serious or material environmental harm under the Environment Protection Act 1997, division 11.3 (Emergency powers). mentioned in s (1) (see Criminal Code, s 58). authorised officer means— (a) an authorised officer under the Environment Protection Act 1997, section 14; and (b) a person acting under the direction of an authorised officer. Note An authorised officer includes the Environment Protection Authority (see Environment Protection Act 1997, s 14 (2)). emergency controller—see the Emergencies Act 2004, dictionary. relevant person means— (a) an emergency controller; or (b) a member of the ambulance service; or (c) a member of the fire and rescue service; or (d) a member of the rural fire service; or (e) a member of the SES; or (f) any other person under the control of— (i) an emergency controller; or (ii) the chief officer (ambulance service); or (iii) the chief officer (fire and rescue service); or (iv) the chief officer (rural fire service); or (v) the chief officer (SES); or (g) a police officer.

Preliminary Part 1