198Declaration of a state of emergency

198 Declaration of a state of emergency S. 198(1) amended by Nos 56/2011 s. 31, 73/2013 s. 102. (1) The Minister may, on the advice of the Chief Health Officer and after consultation with the Minister and the Emergency Management Commissioner under the **Emergency Management Act 2013**, declare a state of emergency arising out of any circumstances causing a serious risk to public health. (2) Subject to subsection (3), the Minister may at any time revoke or vary a declaration under this section. S. 198(3) amended by Nos 56/2011 s. 31, 73/2013 s. 102. (3) The Minister must consult with the Minister and the Emergency Management Commissioner under the **Emergency Management Act 2013** before varying a declaration under this section to extend the emergency area. (4) Immediately upon the making, revocation or variation of a declaration under this section, a state of emergency exists, ceases to exist or exists as so varied for the purposes of this Part. (5) As soon as practicable after the making, revocation or variation of a declaration under this section, the Minister must cause notice of the making, revocation or variation of the declaration to be— (a) broadcast from a broadcasting station in Victoria; and (b) in the case of the making or variation of a declaration, published with a copy of the declaration in the Government Gazette; and (c) in the case of the revocation of a declaration, published in the Government Gazette. (6) Production of a Government Gazette purporting to contain— (a) notice of the making, revocation or variation of a declaration under this section is evidence of that making, revocation or variation; and (b) a copy of the declaration under this section is evidence of the terms of the declaration. (7) A declaration under this section— (a) must specify the emergency area in which the state of emergency exists being throughout Victoria or in specified areas of Victoria; (b) continues in force for the period not exceeding 4 weeks specified in the declaration; S. 198(7)(c) amended by Nos 24/2020 s. 5(1), 7/2021 s. 3, 53/2021 s. 36(1). (c) may be extended by another declaration for further periods not exceeding 4 weeks but the total period that the declaration continues in force cannot exceed 6 months. S. 198(8) amended by Nos 24/2020 s. 5(2), 53/2021 s. 36(2). (8) If a state of emergency is declared under this section, the Minister must report on the state of the emergency and the public health risk powers and emergency powers exercised to both Houses of Parliament— (a) if Parliament is then sitting, as soon as practicable after the declaration is made or varied; and (b) if Parliament is not then sitting, as soon as practicable after the next meeting of the Parliament. S. 198(8A)(8B) inserted by No. 24/2020 s. 5(3), repealed by No. 53/2021 s. 36(3). (9) A declaration under this section does not derogate from or limit any provisions relating to the declaration of an emergency under any other Act.