sec.24Ministerial control during emergency

sec.24 Ministerial control during emergency

During a period of emergency the Minister may assume control of the extraction, production, supply, distribution, sale, purchase, use, consumption and storage of liquid fuel in relation to which the emergency is declared to exist and therein may— provide, operate, control, regulate and direct any service, whether by way of continuation of a service previously provided or by way of provision of a service in a modified form or by way of provision of a new service; and employ such persons as the Minister considers necessary to the proper exercise of the Minister’s powers. Without limiting the generality of the powers conferred by subsection (1) , the Minister may in writing— give such directions as in the Minister’s opinion are necessary to control, restrict or prohibit the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel in relation to which the emergency is declared to exist; direct a person who extracts, produces, transports or distributes liquid fuel referred to in paragraph (a) to extract or produce it for or to transport or distribute it to the person or persons specified therein; direct a person concerned with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph (a) to comply with the conditions specified therein in respect thereof; direct a person to whom liquid fuel referred to in paragraph (a) is supplied to accept the liquid fuel; in relation to services provided or to be provided in connection with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph (a) — direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided; direct at what times and places and upon what conditions and in what manner those services may be provided or availed of; prohibit the provision of those services except with the consent of the Minister; requisition the use of land, buildings, structures, equipment and utensils used or that may be used effectually in the provision of services referred to in paragraph (e) ; provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, upkeep, repair and maintenance of any property, commodity, equipment or utensil used or that may be used in the provision of services referred to in paragraph (e) ; authorise a person specified therein to enter upon and into any land, building or structure used or that may be used effectually in the provision of services referred to in paragraph (e) with a view to exercising all or any of the powers conferred by subsection (1) ; provide, by direction, prohibition or requisition, for any matter incidental to the exercise of the powers conferred by subsection (1) ; revoke or vary any writing previously issued by the Minister under this section. The following provisions apply in respect of a direction given under subsection (2) — it may be directed to a person specified therein, to all members of a class of person specified therein or to the members of the public; it may be expressed to have force throughout the whole State or within such part or parts of the State as is or are specified therein; it may have force for the period specified therein or upon the occasions specified therein or without limit of time; provided that no direction shall have force beyond the period of emergency for the purposes of which it was issued; where the terms of the direction, being such as is referred to in subsection (2) (e) (ii) are inconsistent with the terms of an order made by the Full Bench of the Industrial Commission under the Industrial Relations Act 2016 or with the provisions of any Act with respect to trading hours in shops, then while the direction continues to have force, its terms shall prevail and the terms of the order or the provisions of the Act , as the case may be, shall to the extent of the inconsistency cease to have force or effect. The termination of a direction given under this section shall not affect the previous operation thereof or the validity of any action taken thereunder prior to its termination and any investigation concerning an alleged refusal or failure to comply therewith prior to its termination may be instituted or continued and a penalty, forfeiture or punishment may be imposed and exacted in respect of such a refusal or failure to comply therewith as if the direction had not terminated. A person to whom a direction under this section is directed shall not refuse or fail to comply with the direction. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000. If a refusal or failure to comply with a direction issued under this section consists in doing or in refusing or failing to do an act in respect of liquid fuel then upon convicting a person of the offence thereby constituted the court may, in addition to any penalty imposed, order that the liquid fuel in respect of which the offence was committed be forfeited to the Crown. All liquid fuel so forfeited shall be applied— if the emergency declared to exist in relation to that liquid fuel continues in being—in relieving that emergency in such manner as the Minister directs; or in any other case—in such manner as the Minister directs. s 24 amd 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6 (sec.24-ssec.1) During a period of emergency the Minister may assume control of the extraction, production, supply, distribution, sale, purchase, use, consumption and storage of liquid fuel in relation to which the emergency is declared to exist and therein may— provide, operate, control, regulate and direct any service, whether by way of continuation of a service previously provided or by way of provision of a service in a modified form or by way of provision of a new service; and employ such persons as the Minister considers necessary to the proper exercise of the Minister’s powers. (sec.24-ssec.2) Without limiting the generality of the powers conferred by subsection (1) , the Minister may in writing— give such directions as in the Minister’s opinion are necessary to control, restrict or prohibit the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel in relation to which the emergency is declared to exist; direct a person who extracts, produces, transports or distributes liquid fuel referred to in paragraph (a) to extract or produce it for or to transport or distribute it to the person or persons specified therein; direct a person concerned with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph (a) to comply with the conditions specified therein in respect thereof; direct a person to whom liquid fuel referred to in paragraph (a) is supplied to accept the liquid fuel; in relation to services provided or to be provided in connection with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph (a) — direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided; direct at what times and places and upon what conditions and in what manner those services may be provided or availed of; prohibit the provision of those services except with the consent of the Minister; requisition the use of land, buildings, structures, equipment and utensils used or that may be used effectually in the provision of services referred to in paragraph (e) ; provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, upkeep, repair and maintenance of any property, commodity, equipment or utensil used or that may be used in the provision of services referred to in paragraph (e) ; authorise a person specified therein to enter upon and into any land, building or structure used or that may be used effectually in the provision of services referred to in paragraph (e) with a view to exercising all or any of the powers conferred by subsection (1) ; provide, by direction, prohibition or requisition, for any matter incidental to the exercise of the powers conferred by subsection (1) ; revoke or vary any writing previously issued by the Minister under this section. (sec.24-ssec.3) The following provisions apply in respect of a direction given under subsection (2) — it may be directed to a person specified therein, to all members of a class of person specified therein or to the members of the public; it may be expressed to have force throughout the whole State or within such part or parts of the State as is or are specified therein; it may have force for the period specified therein or upon the occasions specified therein or without limit of time; provided that no direction shall have force beyond the period of emergency for the purposes of which it was issued; where the terms of the direction, being such as is referred to in subsection (2) (e) (ii) are inconsistent with the terms of an order made by the Full Bench of the Industrial Commission under the Industrial Relations Act 2016 or with the provisions of any Act with respect to trading hours in shops, then while the direction continues to have force, its terms shall prevail and the terms of the order or the provisions of the Act , as the case may be, shall to the extent of the inconsistency cease to have force or effect. (sec.24-ssec.4) The termination of a direction given under this section shall not affect the previous operation thereof or the validity of any action taken thereunder prior to its termination and any investigation concerning an alleged refusal or failure to comply therewith prior to its termination may be instituted or continued and a penalty, forfeiture or punishment may be imposed and exacted in respect of such a refusal or failure to comply therewith as if the direction had not terminated. (sec.24-ssec.5) A person to whom a direction under this section is directed shall not refuse or fail to comply with the direction. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000. (sec.24-ssec.6) If a refusal or failure to comply with a direction issued under this section consists in doing or in refusing or failing to do an act in respect of liquid fuel then upon convicting a person of the offence thereby constituted the court may, in addition to any penalty imposed, order that the liquid fuel in respect of which the offence was committed be forfeited to the Crown. (sec.24-ssec.7) All liquid fuel so forfeited shall be applied— if the emergency declared to exist in relation to that liquid fuel continues in being—in relieving that emergency in such manner as the Minister directs; or in any other case—in such manner as the Minister directs.