sec.8QPower to direct officers of government agencies

### sec.8Q Power to direct officers of government agencies To the extent necessary to manage and control the response of government agencies to a terrorist emergency, the commissioner may direct an officer of a government agency to do or not do an act, or to perform or not perform a function. The act or function must be an act or function it is lawful for the officer to do or perform or not do or perform in the ordinary performance of the officer’s functions. The direction may be given only while the declaration is in effect and only in relation to any or all declared areas or declared evacuation areas stated in the direction. The direction may apply to more than 1 terrorist emergency. The government agency must be consulted before the direction is given, unless it is not practicable to consult the agency because compliance with the direction— is required urgently; or is necessary for the safety of the officer to whom the direction is given or someone else. The officer is authorised to comply, and must comply, with the direction. The direction may be withdrawn by the Premier or the Minister responsible for the agency. A direction under subsection (1) may be given generally to officers holding a type of office or exercising a function. This section does not limit the powers a terrorist emergency commander or terrorist emergency officer has under this or another Act. the powers under section 8 to give a person a resource surrender direction, resource operator direction or help direction In this section— function includes a power. officer includes any employee of the government whether or not the person holds an office. performance , of a function, includes the exercise of a power. s 8Q ins 2007 No. 34 s 12 amd 2016 No. 42 s 46 (sec.8Q-ssec.1) To the extent necessary to manage and control the response of government agencies to a terrorist emergency, the commissioner may direct an officer of a government agency to do or not do an act, or to perform or not perform a function. (sec.8Q-ssec.2) The act or function must be an act or function it is lawful for the officer to do or perform or not do or perform in the ordinary performance of the officer’s functions. (sec.8Q-ssec.3) The direction may be given only while the declaration is in effect and only in relation to any or all declared areas or declared evacuation areas stated in the direction. (sec.8Q-ssec.4) The direction may apply to more than 1 terrorist emergency. (sec.8Q-ssec.5) The government agency must be consulted before the direction is given, unless it is not practicable to consult the agency because compliance with the direction— is required urgently; or is necessary for the safety of the officer to whom the direction is given or someone else. (sec.8Q-ssec.6) The officer is authorised to comply, and must comply, with the direction. (sec.8Q-ssec.7) The direction may be withdrawn by the Premier or the Minister responsible for the agency. (sec.8Q-ssec.8) A direction under subsection (1) may be given generally to officers holding a type of office or exercising a function. (sec.8Q-ssec.9) This section does not limit the powers a terrorist emergency commander or terrorist emergency officer has under this or another Act. the powers under section 8 to give a person a resource surrender direction, resource operator direction or help direction (sec.8Q-ssec.10) In this section— function includes a power. officer includes any employee of the government whether or not the person holds an office. performance , of a function, includes the exercise of a power. - (a) is required urgently; or - (b) is necessary for the safety of the officer to whom the direction is given or someone else.