QLDIn ForceAct
Public Safety Preservation Act 1986
sec.12CBR emergency may be declared
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### sec.12 CBR emergency may be declared
A State police officer of at least the rank of assistant commissioner may declare an emergency ( CBR emergency ) if satisfied—
something has happened in which a CBR substance is involved (an incident ); and
the substance poses a serious risk to the life or health of individuals; and
the substance may spread if not contained; and
a significant coordinated effort by emergency responders is necessary to adequately respond to the incident; and
using powers available to an emergency commander in an emergency situation, or to someone else under another Act, would not enable emergency responders to effectively deal with the incident.
The CBRE commander must promptly inform the Minister of the declaration of the CBR emergency.
If, after reasonable efforts, the Minister can not be contacted, the CBRE commander must promptly inform the Premier of the declaration of the CBR emergency.
If neither the Minister nor the Premier can be contacted, the CBRE commander must promptly inform the next most senior Minister who is available of the declaration of the CBR emergency.
As soon as practicable after declaring the CBR emergency, the CBRE commander must make a written record of the date and time the emergency was declared.
Unless either of the following happens, the CBR emergency ends 24 hours after the declaration is made—
a relevant person sooner ends the emergency under section 15 ;
the Minister and the Premier extend the period of the emergency.
s 12 prev s 12 om 2000 No. 5 s 461 sch 3
pres s 12 ins 2003 No. 46 s 13
amd 2007 No. 34 s 7 sch ; 2016 No. 42 s 70 sch 1
(sec.12-ssec.1) A State police officer of at least the rank of assistant commissioner may declare an emergency ( CBR emergency ) if satisfied— something has happened in which a CBR substance is involved (an incident ); and the substance poses a serious risk to the life or health of individuals; and the substance may spread if not contained; and a significant coordinated effort by emergency responders is necessary to adequately respond to the incident; and using powers available to an emergency commander in an emergency situation, or to someone else under another Act, would not enable emergency responders to effectively deal with the incident.
(sec.12-ssec.2) The CBRE commander must promptly inform the Minister of the declaration of the CBR emergency.
(sec.12-ssec.3) If, after reasonable efforts, the Minister can not be contacted, the CBRE commander must promptly inform the Premier of the declaration of the CBR emergency.
(sec.12-ssec.4) If neither the Minister nor the Premier can be contacted, the CBRE commander must promptly inform the next most senior Minister who is available of the declaration of the CBR emergency.
(sec.12-ssec.5) As soon as practicable after declaring the CBR emergency, the CBRE commander must make a written record of the date and time the emergency was declared.
(sec.12-ssec.6) Unless either of the following happens, the CBR emergency ends 24 hours after the declaration is made— a relevant person sooner ends the emergency under section 15 ; the Minister and the Premier extend the period of the emergency.
- (a) something has happened in which a CBR substance is involved (an incident ); and
- (b) the substance poses a serious risk to the life or health of individuals; and
- (c) the substance may spread if not contained; and
- (d) a significant coordinated effort by emergency responders is necessary to adequately respond to the incident; and
- (e) using powers available to an emergency commander in an emergency situation, or to someone else under another Act, would not enable emergency responders to effectively deal with the incident.
- (a) a relevant person sooner ends the emergency under section 15 ;
- (b) the Minister and the Premier extend the period of the emergency.