sec.148Emergency powers

### sec.148 Emergency powers This section applies if an inspector is satisfied on reasonable grounds— there is at a place a radiation source; and it is necessary to exercise powers under this section— to avoid or minimise an imminent risk of death of, serious illness of, or serious injury to, any person from radiation emitted from the source; or to avoid imminent serious environmental harm from the source; or for a source that has been lost or stolen, to recover the source because it poses, or may pose, a threat to national security. The inspector may, without a warrant or the consent of the occupier of the place, enter the place. Also, the inspector may in relation to the source— direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the source; or take the reasonable steps; or authorise another person to take the reasonable steps. A person who fails to comply with the direction contravenes section 149 , unless the person has a reasonable excuse. The direction may be given orally or by written notice. However, if the direction is given orally, the inspector must as soon as practicable confirm the direction by written notice given to the person. When giving a direction under subsection (3) (a) , the inspector must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse. If the inspector takes the steps, the inspector may also exercise any of the powers of an inspector under this division. The inspector may exercise the powers mentioned in subsections (2) , (3) (b) and (7) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances. In exercising or attempting to exercise emergency powers, an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. This section does not limit any power an inspector has apart from this section. If an inspector authorises a person to take steps under subsection (3) (c) — the person may exercise the powers mentioned in subsection (7) ; and the inspector must inform the person— of the steps the person is authorised to take; and of the person’s powers under this section. s 148 amd 2010 No. 8 s 46 (sec.148-ssec.1) This section applies if an inspector is satisfied on reasonable grounds— there is at a place a radiation source; and it is necessary to exercise powers under this section— to avoid or minimise an imminent risk of death of, serious illness of, or serious injury to, any person from radiation emitted from the source; or to avoid imminent serious environmental harm from the source; or for a source that has been lost or stolen, to recover the source because it poses, or may pose, a threat to national security. (sec.148-ssec.2) The inspector may, without a warrant or the consent of the occupier of the place, enter the place. (sec.148-ssec.3) Also, the inspector may in relation to the source— direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the source; or take the reasonable steps; or authorise another person to take the reasonable steps. A person who fails to comply with the direction contravenes section 149 , unless the person has a reasonable excuse. (sec.148-ssec.4) The direction may be given orally or by written notice. (sec.148-ssec.5) However, if the direction is given orally, the inspector must as soon as practicable confirm the direction by written notice given to the person. (sec.148-ssec.6) When giving a direction under subsection (3) (a) , the inspector must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse. (sec.148-ssec.7) If the inspector takes the steps, the inspector may also exercise any of the powers of an inspector under this division. (sec.148-ssec.8) The inspector may exercise the powers mentioned in subsections (2) , (3) (b) and (7) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances. (sec.148-ssec.9) In exercising or attempting to exercise emergency powers, an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. (sec.148-ssec.10) This section does not limit any power an inspector has apart from this section. (sec.148-ssec.11) If an inspector authorises a person to take steps under subsection (3) (c) — the person may exercise the powers mentioned in subsection (7) ; and the inspector must inform the person— of the steps the person is authorised to take; and of the person’s powers under this section. - (a) there is at a place a radiation source; and - (b) it is necessary to exercise powers under this section— (i) to avoid or minimise an imminent risk of death of, serious illness of, or serious injury to, any person from radiation emitted from the source; or (ii) to avoid imminent serious environmental harm from the source; or (iii) for a source that has been lost or stolen, to recover the source because it poses, or may pose, a threat to national security. - (i) to avoid or minimise an imminent risk of death of, serious illness of, or serious injury to, any person from radiation emitted from the source; or - (ii) to avoid imminent serious environmental harm from the source; or - (iii) for a source that has been lost or stolen, to recover the source because it poses, or may pose, a threat to national security. - (i) to avoid or minimise an imminent risk of death of, serious illness of, or serious injury to, any person from radiation emitted from the source; or - (ii) to avoid imminent serious environmental harm from the source; or - (iii) for a source that has been lost or stolen, to recover the source because it poses, or may pose, a threat to national security. - (a) direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the source; or - (b) take the reasonable steps; or - (c) authorise another person to take the reasonable steps. Editor’s note— A person who fails to comply with the direction contravenes section 149 , unless the person has a reasonable excuse. - (a) the person may exercise the powers mentioned in subsection (7) ; and - (b) the inspector must inform the person— (i) of the steps the person is authorised to take; and (ii) of the person’s powers under this section. - (i) of the steps the person is authorised to take; and - (ii) of the person’s powers under this section. - (i) of the steps the person is authorised to take; and - (ii) of the person’s powers under this section.