sec.8ASPower to authorise exercise of extraordinary emergency powers

### sec.8AS Power to authorise exercise of extraordinary emergency powers This section applies if— an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— an explosive; or a person’s life or safety being seriously endangered by an act of another person; and the person is being held hostage by the other person the other person has a weapon and is close to or has access to the person the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building. The emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area ) within the area specified for the emergency situation. The exercise of the stated extraordinary emergency powers is subject to section 8AZ . The authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation. Without limiting subsection (2) , an authorisation area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way s 8AS ins 2017 No. 30 s 35 (sec.8AS-ssec.1) This section applies if— an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— an explosive; or a person’s life or safety being seriously endangered by an act of another person; and the person is being held hostage by the other person the other person has a weapon and is close to or has access to the person the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building. (sec.8AS-ssec.2) The emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area ) within the area specified for the emergency situation. (sec.8AS-ssec.3) The exercise of the stated extraordinary emergency powers is subject to section 8AZ . (sec.8AS-ssec.4) The authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation. (sec.8AS-ssec.5) Without limiting subsection (2) , an authorisation area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way - (a) an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and - (b) a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and - (c) the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— (i) an explosive; or (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person - (i) an explosive; or - (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person - • the person is being held hostage by the other person - • the other person has a weapon and is close to or has access to the person - (d) the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. Examples of complex emergency situations— 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building. - 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. - 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building. - (i) an explosive; or - (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person - • the person is being held hostage by the other person - • the other person has a weapon and is close to or has access to the person - • the person is being held hostage by the other person - • the other person has a weapon and is close to or has access to the person - 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. - 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building. - • an area within a stated distance of a stated moving motor vehicle or vessel - • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way