QLDIn ForceAct
Public Safety Preservation Act 1986
sec.7Delegation of power for particular periods
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### sec.7 Delegation of power for particular periods
This section only applies for any period for which the emergency commander is not acting as the emergency commander.
The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.
The power to delegate does not include the power to delegate the function to—
issue an emergency situation certificate; or
make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
In this section—
functions includes powers.
s 7 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 7
sub 2007 No. 34 s 11
amd 2016 No. 42 s 24 ; 2017 No. 30 s 32
(sec.7-ssec.1) This section only applies for any period for which the emergency commander is not acting as the emergency commander.
(sec.7-ssec.2) The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.
(sec.7-ssec.3) The power to delegate does not include the power to delegate the function to— issue an emergency situation certificate; or make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
(sec.7-ssec.4) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
(sec.7-ssec.5) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
(sec.7-ssec.6) In this section— functions includes powers.
- (a) issue an emergency situation certificate; or
- (b) make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.