105ADeclaration of emergency situation

105A Declaration of emergency situation (1) The Premier may declare that an emergency situation exists for the purposes of this Part if the Premier is satisfied that— (a) circumstances exist that may cause a serious risk to public health; or (b) an emergency exists that has been or is expected to be the subject of a declaration of a state of emergency; or (c) an emergency situation otherwise exists which warrants the making of the declaration; or (d) the declaration is necessary to assist the Victorian community or any part of the Victorian community to recover from a situation referred to in paragraph (a), (b) or (c). (2) The Premier must consult with the Minister administering the **Public Health and Wellbeing Act 2008** and the Chief Health Officer under that Act before making a declaration on the ground that circumstances exist that may cause a serious risk to public health. (3) Before making any declaration under this section, the Premier— S. 105A(3)(a) amended by Nos 56/2011 s. 30, 73/2013 s. 101. (a) must consult with the Minister and the Emergency Management Commissioner under the **Emergency Management Act 2013**; and (b) may consult with any other persons who the Premier considers it appropriate to consult. (4) Immediately on the making of a declaration under this section, an emergency situation exists for the purposes of this Part. (5) The Premier must cause a notice of the making of a declaration under this section to be published in the Government Gazette as soon as practicable after it is made. (6) In this section a ***declaration of a state of emergency*** means— S. 105A(6)(aa) inserted by No. 53/2021 s. 33. (aa) a pandemic declaration under section 165AB of the **Public Health and Wellbeing Act 2008**; (a) a declaration of a state of emergency under section 198 of the **Public Health and Wellbeing Act 2008**; (b) a declaration of a state of disaster under the **Emergency Management Act 1986**; (c) a proclamation under Part 6 of the **Electricity Industry Act 2000**; (d) a proclamation under Part 9 of the **Gas Industry Act 2001**; (e) a proclamation under the **Fuel Emergency Act 1977** declaring that a state of emergency exists in relation to fuel; (f) a declaration of a vital state project as referred to in the **Vital State Projects Act 1976**; (g) a declaration of a vital industry under the **Vital State Industries (Works and Services) Act 1992**; (h) a prescribed proclamation or declaration. S. 105B inserted by No. 27/2009 s. 14.