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s 94

Action in emergency situations

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Part 12Notices and emergency situations
Division 2Notices and emergencies

94 Action in emergency situations

(1)

If an authorised officer believes, on reasonable grounds—

(a)

that a situation is creating, or likely to create, a risk to public health; and

(b)

that immediate action is required, the authorised officer may, after giving such notice (if any) as may be reasonable in the circumstances, take action or cause action to be taken as necessary to avert, control or eliminate the risk.

(2)

In the exercise of powers under this section, an authorised officer has, in addition to any other powers of an authorised officer under this Act, power to—

(a)

enter and take possession of any premises or vehicle (taking such action as is reasonably necessary for the purpose); and

(b)

seize, retain, move or destroy or otherwise dispose of any substance or thing.

(3)

The action taken under subsection (2) may include the use of force to enter any premises or vehicle without a warrant if the authorised officer believes, on reasonable grounds, that the circumstances requires such a step to be taken.

(4)

Action may be taken under this section whether or not a notice has been given to a person in relation to the risk under a preceding section.

(5)

The reasonable costs and expenses incurred by an authorised officer in taking action under this section may be recovered by—

(a)

in the case of action taken by a State authorised officer—the Crown; or

(b)

in the case of action taken by a local authorised officer—the relevant council, from any person who caused the risk to which the action relates, as a debt.

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