Document ID: chunk:federal_register_of_legislation:F2024C01081:reg:35
Version: federal_register_of_legislation:F2024C01081
Segment Type: reg
Provision Reference: reg 35
Character Range: 40920–42937

35  Police powers to direct evacuation
 (1) If a senior police officer is satisfied that there are reasonable grounds for the purpose of protecting persons from injury or death threatened by an actual or imminent emergency, the officer may direct, or authorise another police officer (an authorised police officer) to direct, a person:
 (a) to leave specified premises and move out of a danger area; or
 (b) to take children or adults in the person's care and move them out of a danger area; or
 (c) not to enter a danger area.
 (2) If a senior police officer is satisfied that there are reasonable grounds for the purpose of protecting persons from chemical, biological or radiological contamination, the officer may direct, or authorise another police officer (an authorised police officer) to direct, a person who may have been subjected to the contamination to do one or more of the following:
 (a) remain in a specified area;
 (b) be quarantined from other persons;
 (c) submit to a decontamination procedure.
 (3) Before directing the evacuation of Defence land, the person directing the evacuation must be satisfied that the Senior Australian Defence Force Officer at HMAS Creswell, or a person authorised by the Senior Australian Defence Force Officer, has been consulted.
 (4) However, subsection (3) does not apply if the requirement to be consulted has been waived by:
 (a) the Secretary of the Defence Department; or
 (b) the Chief of the Defence Force; or
 (c) the Senior Australian Defence Force Officer at HMAS Creswell; or
 (d) a person authorised by the Senior Australian Defence Force Officer to waive the requirement.
 (5) If a person fails to comply with a direction made under subsection (1) or (2), a police officer may do all things reasonably necessary to ensure compliance with the direction, including using such force as is reasonably necessary in the circumstances.
 (6) The rules may limit the circumstances, and regulate the manner, in which powers under this section may be exercised.