Police Regulation (Emergencies) Amendment Act 1988 (NSW)

POLICE REGULATION (EMERGENCIES) AMENDMENT

ACT 1988 No. 88

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Police Regulation Act 1899 No. 20

SCHEDULE 1—AMENDMENTS

POLICE REGULATION (EMERGENCIES) AMENDMENT ACT 1988

No. 88

NEW SOUTH WALES

Act No. 88, 1988

An Act to amend the Police Regulation Act 1899 relating to the power of members of the police force to move persons out of a danger area to protect them from injury or death; and for other purposes. [Assented to 12 December 1988]

2   Act No. 88

Police Regulation (Emergencies) Amendment 1988

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Police Regulation (Emergencies)

Amendment Act 1988.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Police Regulation Act 1899 No. 20

1. The Police Regulation Act 1899 is amended as set out in Schedule 1.

   SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 7 B —

After section 7A, insert:

Power to evacuate persons in an emergency

7B. (1) A senior member of the police force 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 member of the police force 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.

(2) If the person does not comply with the direction, a memb.., of the police force 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 rules under this Act may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.

(4) Nothing in this section limits anything in section 7A but

Police Regulation (Emergencies) Amendment 1988

SCHEDULE 1 —AMENDMENTS—continued

(5) In this section—

"danger area" means the area specified by a senior member of

the police force as the area in which an emergency is causing
or threatening to cause injury or death;

"emergency" means an emergency due to an actual or imminent occurrence (as defined in the State Emergency Services and Civil Defence Act 1972) causing or threatening to cause injury or death to persons;

"premises" includes place, building, vehicle, vessel or aircraft; "senior member of the police force" means a member of the

police force of or above the rank of sergeant or a member of the police force of a class prescribed as being within this definition by the rules under this Act.

(2) Section 26A (Exculpation from certain liability)—

(a) Omit "caused by him", insert instead "caused by any act or omission of the member".

(b) Omit "him" wherever else occurring, insert instead "the member".

[Minister's second reading speech made in—

Legislative Council on 19 October 1988

Legislative Assembly on 15 November 1988]