Document ID: chunk:federal_register_of_legislation:F2024C01081:reg:19
Version: federal_register_of_legislation:F2024C01081
Segment Type: reg
Provision Reference: reg 19
Character Range: 24591–26095

19  Power to direct evacuation
 (1) The Minister may, if satisfied it is necessary or convenient to do so for the purpose of responding to an emergency, direct, or authorise an emergency services officer to direct, a person:
 (a) to leave specified premises and move out of an emergency area or a part of an emergency area; or
 (b) to take children or adults in the person's care and move them out of an emergency area or part of an emergency area; or
 (c) not to enter an emergency area or part of an emergency area.
 (2) If the person fails to comply with the direction, an emergency services officer may do all things reasonably necessary to ensure compliance with the direction, including using such force as is reasonably necessary in the circumstances.
 (3) The rules may limit the circumstances, and regulate the manner, in which powers under this section may be exercised.
 (4) 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.
 (5) However, subsection (4) 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.