QLDIn ForceAct
Public Safety Preservation Act 1986
sec.8GTerrorist emergency may be declared
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### sec.8G Terrorist emergency may be declared
If a terrorist emergency forward commander appointed for a terrorist emergency site is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control the site and circumstances relating to the site, the commander may declare that a terrorist emergency exists for a stated area (the declared area ) that includes the site.
The stated area must be the smallest area reasonably necessary to effectively deal with the terrorist emergency.
Without limiting subsection (1) , a declared 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
As soon as practicable after making the declaration, the terrorist emergency forward commander, must issue a certificate (a terrorist emergency certificate ) signed by the commander stating—
that a terrorist emergency has been declared; and
the nature of the terrorist emergency; and
the date and time the terrorist emergency was declared; and
the declared area.
The terrorist emergency forward commander may at any time change the nature of the terrorist emergency or the declared area by—
amending their description on the terrorist emergency certificate; and
noting the date and time of the amendment on the terrorist emergency certificate.
The commissioner must immediately inform the Minister of the declaration of the terrorist emergency or of a significant change made under subsection (5) .
If after reasonable efforts, the Minister can not be contacted, the commissioner must immediately inform the Premier of the declaration or change.
If neither the Minister nor the Premier can be contacted, the commissioner must immediately inform the next most senior Minister who is available of the declaration or change.
Unless any of the following happens, the declaration ends 7 days after the declaration is made—
the terrorist emergency forward commander, the Minister or the Premier ends the declaration sooner;
the Minister and the Premier extend the period of the declaration under section 8H ;
a regulation made under section 8HA extends the period of the declaration.
s 8G ins 2007 No. 34 s 12
amd 2016 No. 42 ss 34 , 70 sch 1
(sec.8G-ssec.1) If a terrorist emergency forward commander appointed for a terrorist emergency site is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control the site and circumstances relating to the site, the commander may declare that a terrorist emergency exists for a stated area (the declared area ) that includes the site.
(sec.8G-ssec.2) The stated area must be the smallest area reasonably necessary to effectively deal with the terrorist emergency.
(sec.8G-ssec.3) Without limiting subsection (1) , a declared 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
(sec.8G-ssec.4) As soon as practicable after making the declaration, the terrorist emergency forward commander, must issue a certificate (a terrorist emergency certificate ) signed by the commander stating— that a terrorist emergency has been declared; and the nature of the terrorist emergency; and the date and time the terrorist emergency was declared; and the declared area.
(sec.8G-ssec.5) The terrorist emergency forward commander may at any time change the nature of the terrorist emergency or the declared area by— amending their description on the terrorist emergency certificate; and noting the date and time of the amendment on the terrorist emergency certificate.
(sec.8G-ssec.6) The commissioner must immediately inform the Minister of the declaration of the terrorist emergency or of a significant change made under subsection (5) .
(sec.8G-ssec.7) If after reasonable efforts, the Minister can not be contacted, the commissioner must immediately inform the Premier of the declaration or change.
(sec.8G-ssec.8) If neither the Minister nor the Premier can be contacted, the commissioner must immediately inform the next most senior Minister who is available of the declaration or change.
(sec.8G-ssec.9) Unless any of the following happens, the declaration ends 7 days after the declaration is made— the terrorist emergency forward commander, the Minister or the Premier ends the declaration sooner; the Minister and the Premier extend the period of the declaration under section 8H ; a regulation made under section 8HA extends the period of the declaration.
- • 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) that a terrorist emergency has been declared; and
- (b) the nature of the terrorist emergency; and
- (c) the date and time the terrorist emergency was declared; and
- (d) the declared area.
- (a) amending their description on the terrorist emergency certificate; and
- (b) noting the date and time of the amendment on the terrorist emergency certificate.
- (a) the terrorist emergency forward commander, the Minister or the Premier ends the declaration sooner;
- (b) the Minister and the Premier extend the period of the declaration under section 8H ;
- (c) a regulation made under section 8HA extends the period of the declaration.