In this Part:danger area means the area specified by a senior police officer as the area in which an emergency is causing or threatening to cause injury or death.
emergency or rescue management organisation means any of the following:
(a) the State Disasters Council,(b) the State Emergency Management Committee,(c) a District Emergency Management Committee,(d) a Local Emergency Management Committee,(e) the State Rescue Board,(f) a committee or sub-committee of a body referred to in paragraphs (a)–(e).premises includes land, place, building, vehicle, vessel or aircraft, or any part of premises.
senior police officer means a police officer of or above the rank of sergeant or a police officer of a class prescribed as being within this definition by the regulations.
60L Power of police to evacuate or to take other steps concerning persons
(1) A senior police officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from injury or death threatened by an actual or imminent emergency, direct, or authorise another police officer to direct, a person to do any or all of the following:(a) to leave any particular premises and to move outside the danger area,(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the danger area,(c) not to enter the danger area.(1A) A senior police officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from chemical, biological or radiological contamination, direct or authorise another police officer to direct, a person who may have been subjected to such contamination to do any or all of the following:(a) to remain in a particular area,(b) to remain quarantined from other persons,(c) to submit to decontamination procedures.(2) If a person does not comply with a direction given under this section, a police officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.(3) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.(4) Neither this section nor section 6 of the Police Service Act 1990 imposes a duty on a police officer to use force to ensure compliance with a direction under this section.(5) (Repealed)
61 Power of police to take other safety measures
(1) A senior police officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons or animals from injury or death or protecting property threatened by an actual or imminent emergency, direct, or authorise another police officer to direct, the doing of any one or more of the following:(a) the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in a danger area or any part of a danger area,(a1) the removal of vehicles in a danger area or any part of a danger area,(b) the closure of any other public or private place in a danger area or any part of a danger area,(c) the pulling down, destruction or shoring up of any wall or premises that have been damaged or rendered insecure in a danger area or any part of a danger area,(d) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in a danger area or any part of a danger area,(e) the shutting off or disconnecting of the supply of gas or electricity to any premises in a danger area or any part of a danger area,(f) the taking possession of, and removal or destruction of any material or thing in a danger area or any part of a danger area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency,(g) the protection or isolation of any material or thing in a danger area by preventing a person from removing or otherwise interfering with the material or thing.(2) The cost of taking action under subsection (1) (c) is to be borne by the owner of the wall or premises and is to be paid to, and may be recovered in a court of competent jurisdiction by, the Commissioner of Police.(3) For the purposes of the exercise of a function under subsection (1) (d), a senior police officer may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the officer.(4) A person must comply with a requirement, or directions, under subsection (3).Maximum penalty: 50 penalty units.
(5) A person who supplies a substance referred to in subsection (1) (d) or (e) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the senior police officer.(6) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
A police officer may enter any premises for the purposes of complying with a direction under section 61 (1).
(1) A police officer authorised to enter premises may enter the premises without giving notice:(a) if entry to the premises is made with the consent of the owner or occupier, or(b) if the entry is made to a part of the premises that is open to the public, or(c) if entry is required urgently and the case is one in which the senior police officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.(2) In any other case, the police officer must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
In the exercise of a function under section 61, a police officer authorised to enter premises must do as little damage as possible.
(1) Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 61 but only if the senior police officer:(a) has authorised in writing the use of force in the particular case, or(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.(2) If a police officer authorised to enter premises uses force to do so, the police officer must, as soon as practicable, inform the senior police officer who directed him or her to exercise the function under section 61.(3) The senior police officer so informed must give notice of the use of force to the Commissioner of Police.(4) If a person’s property is damaged by the exercise of a right of entry the person is to receive such compensation as may be determined by the Minister for Police, but is not entitled to receive compensation.(5) A person may apply to the Premier for a review of a determination as to compensation made by the Minister for Police under this section.
61E Police officer to produce warrant card if required
A power to enter premises, or to take action on premises, may not be exercised unless the police officer proposing to exercise the power produces his or her warrant card if required to do so by the owner or occupier of the premises.
62 Personal liability of members of management organisations etc
A matter or thing done by:(a) an emergency or rescue management organisation, or(b) a member of any such organisation or of the staff of any such organisation (in the person’s capacity as such a member), or(c) the State Emergency Operations Controller or a District or Local Emergency Operations Controller (in the person’s capacity as such a controller),does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the member or controller personally to any action, liability, claim or demand.
62A Certain damage to be covered by insurance
(1) Any damage to property caused by the exercise in good faith of functions under section 37A (1) or 61 (1) by:(a) the Minister or an emergency services officer authorised by the Minister during a state of emergency, or(b) a senior police officer or another police officer authorised by a senior police officer at an actual or imminent emergency, or(c) a person acting on and in accordance with a direction given by:is taken to be damage by the happening that constitutes the emergency (being fire, flood, storm, tempest, explosion or other risk, contingency or event) for the purposes of any policy of insurance against the risk, contingency or event concerning an act or omission that covers the property.(i) the Minister or an emergency services officer authorised by the Minister under section 37A (1) during a state of emergency, or(ii) a senior police officer or another police officer authorised by a senior police officer under section 61 (1) at an actual or imminent emergency,(2) This section applies only in respect of damage to property caused in the exercise of a function to protect persons or animals from injury or death or property from damage if those persons are, or the property is, endangered by the happening that constitutes the emergency or endangered by the escape or likely escape of hazardous material as the result of that happening.(3) Any provision, stipulation, covenant or condition in any agreement that negatives, limits or modifies or purports to negative, limit or modify the operation of this section is void and of no effect.(4) In this section, hazardous material means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to property.
62B Obstruction of members of rescue units
A person must not obstruct or hinder a member of an accredited rescue unit acting in connection with a rescue operation or otherwise in response to an emergency.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
63 This Act not to limit other Acts or laws
Except as expressly provided by this Act, this Act does not limit the operation of any other Act or law.
(1) Such staff as may be necessary to enable:(a) a relevant emergency or rescue management organisation to exercise its functions, and(b) the operation of the State emergency operations centre,is to be employed under Part 2 of the Public Sector Management Act 1988.(2) In this section, relevant emergency or rescue management organisation means:(a) the State Disasters Council, or(b) the State Emergency Management Committee, or(c) the State Rescue Board, or(d) a subcommittee of any such organisation.
63B Offences relating to emergency services organisations
(1) A person who manufactures or sells emergency services organisation insignia is guilty of an offence.Maximum penalty: 50 penalty units.
(2) A person who:(a) uses or displays emergency services organisation insignia, or(b) impersonates an emergency services organisation officer,with the intention to deceive is guilty of an offence.Maximum penalty: 50 penalty units.
(3) A person is not guilty of an offence under this section if:(a) the person’s conduct is authorised by the relevant emergency services organisation, or(b) the person establishes that the conduct is for the purposes of a public entertainment, or(c) the person establishes that the person has a reasonable excuse.(4) In this section:emergency services organisation insignia means:
(a) any items (being uniforms, insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to an emergency services organisation (other than the NSW Police Force) or as being used by an emergency services organisation officer, or(b) any parts of any such items, or(c) any reasonable imitation of any such items or parts, or(d) any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition),but does not include any thing or class of thing prescribed by the regulations as being outside this definition.emergency services organisation officer includes an employee, member, volunteer or any other person who exercises functions on behalf of an emergency services organisation (other than the NSW Police Force).
sell means sell, exchange or let on hire, and includes:
(a) offer, expose, possess, send, forward or deliver for sale, exchange or hire, or(b) cause, suffer or allow any of the above.
(1) A document may be served on an emergency or rescue management organisation by leaving it at, or by sending it by registered post to, the office of the organisation.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on an emergency or rescue management organisation in a manner not provided for by this section.
65 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:(a) the constitution of an emergency or rescue management organisation, or(b) any resolution of such an organisation, or(c) the appointment of, or the holding of office by, any member of such an organisation, or(d) the presence of a quorum at any meeting of such an organisation.
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.
68 Savings, transitional and other provisions
Schedule 4 has effect.