Emergency Services Amendment Act 2001 (TAS)

Emergency Services Amendment Act 2001

An Act to amend the Emergency Services Act 1976

[Royal Assent 22 November 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Emergency Services Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Emergency Services Act 1976 is referred to as the Principal Act. 4Section 35A insertedBefore section 36 of the Principal Act , the following section is inserted in Part VI: 35AExposure to harmful material (1)  In this section – Chief Officer has the same meaning as in the Fire Service Act 1979 ; commissioned police officer means a police officer of or above the rank of inspector; police officer has the same meaning as in the Police Regulation Act 1898 . (2)  If a commissioned police officer reasonably believes that a person has been, or may have been, exposed to harmful biological, chemical or radiological material, the officer may – (a) direct that person to undergo – (i) a medical examination; and (ii) a decontamination procedure in accordance with guidelines issued by the Director; and (b) detain that person for a period not exceeding 6 hours to facilitate the carrying out of such a medical examination and decontamination procedure. (3)  The Director is to develop the guidelines referred to in subsection (2) in consultation with the Director of Public Health, Commissioner of Police and Chief Officer. (4)  A person detained under subsection (2) may be – (a) detained at the premises on which the person is located; or (b) conveyed to other premises. (5)  Where a commissioned police officer forms the belief referred to in subsection (2) , that officer may authorise a police officer to exercise the powers conferred by that subsection. (6)  A police officer may – (a) direct any person to leave premises on which a person referred to in subsection (2) is located; and (b) direct members of the public not to enter those premises. (7)  A person who refuses to comply with a direction lawfully given under this section is guilty of an offence.

Penalty:  Fine not exceeding 20 penalty units.

[Second reading presentation speech made in:

House of Assembly on 30 OCTOBER 2001

Legislative Council on 6 NOVEMBER 2001]