What is authorised?
18 What is authorised?
S. 18(1) amended by No. 37/2014 s. 10(Sch. item 167.38(a)).
(1) An authorisation may authorise a police officer to—
S. 18(1)(a) amended by No. 37/2014 s. 10(Sch. item 167.38(a)).
direct another police officer to exercise powers referred to in paragraph (b), (c) or (d) in respect of people in the danger area suspected of exposure to contamination; and
direct a person or group of people to enter, not to enter or to leave any particular premises or area; and
detain a person (whether alone or with others); and
S. 18(1)(ca) inserted by No. 30/2006 s. 8(1).
dispose of, destroy or seize—
any source of contamination or possible contamination; or
any thing contaminated; and
S. 18(1)(d) amended by No. 30/2006 s. 8(2).
direct a person to submit to decontamination procedures by an officer of, or person employed by, or volunteer emergency worker of, an emergency services agency; and
S. 18(1)(e) inserted by No. 30/2006 s. 8(3).
subject to subsections (4) and (5), enter a place in the danger area suspected of exposure to contamination without the consent of the occupier of that place and exercise a power referred to in paragraph (a), (b), (c), (ca) or (d), or subsection (3), at that place.
If an oral direction is given to a group of people, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable.
S. 18(3) amended by No. 37/2014 s. 10(Sch. item 167.38(a)).
An authorised police officer may exercise a power under subsection (1) for the purpose of preventing or limiting the spread of contamination caused by the terrorist act or suspected terrorist act and may give any direction necessary in connection with the exercise of the power.
S. 18(4) substituted by No. 30/2006 s. 8(4), amended by No. 37/2014 s. 10(Sch. item 167.38(a)).
Subject to subsection (5), an authorised police officer must not enter a place referred to in subsection (1)(e) that is used only for residential purposes without the consent of the occupier of that place.
S. 18(5) inserted by No. 30/2006 s. 8(4), amended by No. 37/2014 s. 10(Sch. item 167.38(a)).
An authorised police officer may enter a place used only for residential purposes in the danger area suspected of exposure to contamination without the consent of the occupier of that place if the authorised police officer believes on reasonable grounds that immediate entry to that place is necessary to—
ensure the safety of any person; or
prevent or limit the spread of contamination caused by the terrorist act or suspected terrorist act.
S. 18(6) inserted by No. 30/2006 s. 8(4), amended by No. 37/2014 s. 10(Sch. item 167.38(b)).
If, under an authorisation under this Part, an authorised police officer is authorised to exercise a power referred to in subsection (1)(b), (c), (ca), (d) or (e), the authorised police officer may exercise that power with any assistance from any other person that the authorised police officer considers reasonably necessary.
S. 18(7) inserted by No. 30/2006 s. 8(4).
A person must not refuse or fail to comply with a direction under subsection (1)(b) or (d) unless the person has a reasonable excuse.
- Level 9 fine (60 penalty units maximum).
S. 18(8) S. 18(8) inserted by No. 30/2006 s. 8(4), amended by Nos 28/2007 s. 3(Sch. item 65), 37/2014 s. 10(Sch. item 167.38(c)).
A person must not hinder, obstruct or delay a police officer authorised under this Part in the exercise of a power referred to in subsection (1) or (3).
- In the case of a natural person, level 9 fine (60 penalty units maximum);
In the case of a body corporate, 300 penalty units.
S. 18A inserted by No. 30/2006 s. 9, amended by No. 37/2014 s. 10(Sch. item 167.39).
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