In forceAmended2020 Revised Edition

Contents

Civil Defence Act 1986 · 2020 Revised Edition · Part 12 · State of Civil Defence Emergency

103. Special powers during emergency

Amended

Last amended by an amending law of 2018.

(1)

During a state of emergency or a state of civil defence emergency, the Commissioner, a member or a police officer may, if the action authorised by this section appears to him or her to be necessary for the carrying out of civil defence measures or for the preservation of human life or property —

(a)

direct any person to render any assistance to the Force to save life in immediate danger;

(b)

direct the evacuation of any area, building or place, and the exclusion of persons from any area, building or place and in the exercise of that power may remove or cause to be removed a person who does not comply with a direction to evacuate or a person who enters or is found in any area, building or place in respect of which a direction for the exclusion of persons has been given;

(c)

remove from any place, vehicle, structure or thing that is impeding civil defence operations and to facilitate its removal may use such force as is reasonably necessary or may break into any such vehicle;

(d)

enter upon and, if necessary, break into any place, building, premises or land where he or she believes on reasonable grounds that it is necessary to do so for saving life or preventing injury or rescuing injured or endangered persons or for facilitating the carrying out of any urgent measures in respect of the relief of suffering and distress; and

(e)

restrict the movement of persons and close to traffic any road, street, path, private street, private way, service lane, waterway, right of way or access way or other way or close any public place.

(2)

Any person who renders any assistance under subsection (1)(a) is entitled to fair and reasonable remuneration from the Commissioner, such claim to be made in accordance with the regulations and paid out of moneys appropriated by Parliament for the purpose.

(3)

Any person who suffers loss of or damage to his or her property by reason of the exercise of the powers conferred by subsection (1)(c) and (d) is entitled to fair and reasonable compensation for such loss or damage, such claim to be made in accordance with the regulations and paid out of moneys appropriated by Parliament for the purpose.

(4)

Any person who contravenes a direction lawfully given under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.