sec.35Powers for performing emergency-related SES function

### sec.35 Powers for performing emergency-related SES function This section applies to an authorised rescue officer for performing an emergency-related SES function. The authorised rescue officer may take reasonable steps to protect— a person who is trapped, or endangered in another way, in a place; or the officer or another person from danger, potential danger or assault. Without limiting subsection (2) , each of the following is a reasonable step— entering a place under section 36 ; searching any part of a place; opening a container or other thing; removing any thing from a place; destroying or damaging premises, a vehicle, container or other thing; taking into or onto a place the equipment, persons or materials the authorised rescue officer reasonably requires to exercise a power under this section; giving a person a direction to leave, or not to enter, an area in or near a place if the authorised rescue officer reasonably considers the direction is necessary to protect a person’s life or health; making a requirement of a person at or near a place to give the authorised rescue officer reasonable help to exercise the officer’s powers under paragraphs (a) to (f) . When giving a direction or making a requirement mentioned in subsection (3) (g) or (h) , the authorised rescue officer must warn the person it is an offence to fail to comply with the direction or requirement unless the person has a reasonable excuse. For the offence of failing to comply with a direction given under subsection (3) (g) , see section 39 . For the offence of failing to comply with a requirement made under subsection (3) (h) , see section 40 . (sec.35-ssec.1) This section applies to an authorised rescue officer for performing an emergency-related SES function. (sec.35-ssec.2) The authorised rescue officer may take reasonable steps to protect— a person who is trapped, or endangered in another way, in a place; or the officer or another person from danger, potential danger or assault. (sec.35-ssec.3) Without limiting subsection (2) , each of the following is a reasonable step— entering a place under section 36 ; searching any part of a place; opening a container or other thing; removing any thing from a place; destroying or damaging premises, a vehicle, container or other thing; taking into or onto a place the equipment, persons or materials the authorised rescue officer reasonably requires to exercise a power under this section; giving a person a direction to leave, or not to enter, an area in or near a place if the authorised rescue officer reasonably considers the direction is necessary to protect a person’s life or health; making a requirement of a person at or near a place to give the authorised rescue officer reasonable help to exercise the officer’s powers under paragraphs (a) to (f) . (sec.35-ssec.4) When giving a direction or making a requirement mentioned in subsection (3) (g) or (h) , the authorised rescue officer must warn the person it is an offence to fail to comply with the direction or requirement unless the person has a reasonable excuse. For the offence of failing to comply with a direction given under subsection (3) (g) , see section 39 . For the offence of failing to comply with a requirement made under subsection (3) (h) , see section 40 . - (a) a person who is trapped, or endangered in another way, in a place; or - (b) the officer or another person from danger, potential danger or assault. - (a) entering a place under section 36 ; - (b) searching any part of a place; - (c) opening a container or other thing; - (d) removing any thing from a place; - (e) destroying or damaging premises, a vehicle, container or other thing; - (f) taking into or onto a place the equipment, persons or materials the authorised rescue officer reasonably requires to exercise a power under this section; - (g) giving a person a direction to leave, or not to enter, an area in or near a place if the authorised rescue officer reasonably considers the direction is necessary to protect a person’s life or health; - (h) making a requirement of a person at or near a place to give the authorised rescue officer reasonable help to exercise the officer’s powers under paragraphs (a) to (f) . - 1 For the offence of failing to comply with a direction given under subsection (3) (g) , see section 39 . - 2 For the offence of failing to comply with a requirement made under subsection (3) (h) , see section 40 .