Explosives Act 2012

This section applies if an authorised officer reasonably believes that – a dangerous situation exists at a place; and the dangerous situation threatens to cause serious harm; and having regard to the nature of the threat, action needs to be taken urgently to prevent, remove or minimise the dangerous situation.

The authorised officer may – take the necessary action; or cause that action to be taken.

Subsection (2) has effect even if the authorised officer has previously given a person a direction under Division 3, and the time complying with the direction has not ended.

However, in determining the nature and extent of the action to be taken, the authorised officer must consult with the occupier of the place and the Secretary to the extent that it is reasonably practicable to do so.

The action that the authorised officer may take includes engaging the help of a person who the authorised officer reasonably believes has appropriate qualifications to contribute to the prevention, removal or minimisation of the dangerous situation.

A person whose help is engaged pursuant to subsection (5) is taken to have the powers of an authorised officer to the extent reasonably necessary for the person to contribute to the prevention, removal or minimisation of the dangerous situation.

As soon as practicable after exercising power under subsection (2), the authorised officer is to – prepare a report that – describes the action taken; and specifies why the action was taken; and sets out particulars of any resulting property damage; and give a copy of the report to the occupier of the place and the Secretary.