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Public Safety Preservation Act 1986
sec.8AXEffect if extraordinary emergency authorisation ends because of terrorist emergency
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### sec.8AX Effect if extraordinary emergency authorisation ends because of terrorist emergency
This section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV (c) because a terrorist emergency has been declared to exist for the emergency situation.
A direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if—
the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and
the declared area for the terrorist emergency includes the authorisation area, if it does not already do so.
Column 1
Direction or requirement
Column 2
Section
a direction given under section 8AZA (2)
section 8M (2)
a requirement made under section 8AZC (2)
section 8O (1)
a requirement made under section 8AZC (3)
section 8O (2)
a requirement made under section 8AZE (2)
section 8PAB (2)
Subsection (4) applies if—
an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and
the declared area for the terrorist emergency does not include the authorisation area.
The emergency situation officer may—
continue to exercise the power; and
if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.
A thing seized under section 8AZB (3) in relation to the emergency situation is taken to have been seized under section 8N (3) in relation to the terrorist emergency.
A thing seized under section 8AZE (6) in relation to the emergency situation is taken to have been seized under section 8PAB (6) in relation to the terrorist emergency.
A person’s biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency.
s 8AX ins 2017 No. 30 s 35
(sec.8AX-ssec.1) This section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV (c) because a terrorist emergency has been declared to exist for the emergency situation.
(sec.8AX-ssec.2) A direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if— the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and the declared area for the terrorist emergency includes the authorisation area, if it does not already do so. Column 1 Direction or requirement Column 2 Section a direction given under section 8AZA (2) section 8M (2) a requirement made under section 8AZC (2) section 8O (1) a requirement made under section 8AZC (3) section 8O (2) a requirement made under section 8AZE (2) section 8PAB (2)
(sec.8AX-ssec.3) Subsection (4) applies if— an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and the declared area for the terrorist emergency does not include the authorisation area.
(sec.8AX-ssec.4) The emergency situation officer may— continue to exercise the power; and if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.
(sec.8AX-ssec.5) A thing seized under section 8AZB (3) in relation to the emergency situation is taken to have been seized under section 8N (3) in relation to the terrorist emergency.
(sec.8AX-ssec.6) A thing seized under section 8AZE (6) in relation to the emergency situation is taken to have been seized under section 8PAB (6) in relation to the terrorist emergency.
(sec.8AX-ssec.7) A person’s biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency.
- (a) the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and
- (b) the declared area for the terrorist emergency includes the authorisation area, if it does not already do so.
- (a) an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and
- (b) the declared area for the terrorist emergency does not include the authorisation area.
- (a) continue to exercise the power; and
- (b) if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.