South Australian Repealed Acts

This legislation has been repealed.

STATE DISASTER ACT 1980 - SECT 15

15—Powers of State Co-ordinator and authorised officers during state of disaster or emergency

        (1)         On the declaration of a state of disaster or emergency and while that declaration remains in force the State Co-ordinator must take any necessary action to carry the State Disaster Plan into effect and cause such response and recovery operations to be carried out as he or she thinks appropriate.

        (2)         Without limiting the generality of subsection (1), but subject to the regulations, the State Co-ordinator or an authorised officer may, if of the opinion that it is necessary to do so, do or cause to be done all or any of the following things:

            (a)         by notice in writing in a form approved by the State Co-ordinator, require the owner, or a person for the time being in charge, of any real or personal property in a disaster or emergency area to place it under the control or at the disposition of a person nominated by the State Co-ordinator or the authorised officer;

            (b)         direct the evacuation and removal of persons or animals from a disaster or emergency area, or part of a disaster or emergency area, and remove to such place as he or she thinks fit any person or animal found within such an area;

            (c)         enter and, if necessary, break into any land, building, structure or vehicle within the disaster or emergency area;

            (d)         take possession of any land, body of water, building, structure, vehicle or other thing within the disaster or emergency area;

            (e)         remove, demolish or destroy any building, structure, vehicle, animal or vegetation within the disaster or emergency area;

            (f)         shut off, or cut off, any supply of fuel, gas, electricity or water, or any drainage facility, within the disaster or emergency area;

            (g)         direct or prohibit the movement of persons, animals or vehicles into or within the disaster or emergency area;

            (h)         remove to such place as he or she thinks proper any person who obstructs or threatens to obstruct response or recovery operations;

                  (i)         give directions to any person whose responsibilities require him or her to engage in response or recovery operations, or who is so engaged.

        (3)         An authorised officer may direct a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.

        (4)         A person is entitled to be compensated for any injury, loss or damage suffered by the person—

            (a)         that arises in consequence of the exercise of powers under this section (apart from subsection (2)(h)); and

            (b)         that would not have arisen in any event in consequence of the disaster or major emergency.

        (5)         In assessing compensation under subsection (4) a court must take into account—

            (a)         any amount recovered or recoverable by the person suffering the injury, loss or damage under a policy of insurance; and

            (b)         the extent (if at all) to which the conduct of the person suffering the injury, loss or damage contributed to that injury, loss or damage.