Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 104]
1 . Fire Brigades Act 1942 amended
(1) The amendment in
this clause is to the Fire Brigades Act 1942 .
(2) After
section 34 the following section is inserted in Part VII —
“
34A. Powers concerning persons exposed to
hazardous material
(1) Without limiting
section 34, for a purpose mentioned in subsection (2), in a
hazardous material incident an authorised officer may direct a person who has
been exposed to hazardous material to do all or any of the
following —
(a) to
remain in an area specified by the authorised officer for such period as is
specified by the authorised officer;
(b) to
remain quarantined from other persons for such period, and in such reasonable
manner, as is specified by the authorised officer;
(c) to
submit to decontamination procedures within such reasonable period, and in
such reasonable manner, as is specified by the authorised officer.
(2) A direction may be
given under subsection (1) for the purpose of —
(a)
ensuring that the hazardous material is contained; or
(b)
ensuring that the person to whom the direction is given does not pose a
serious risk to the life or health of others because of the hazardous material
involved.
(3) The Director or,
in his absence, the officer or any member of the brigade who for the time
being is in charge must not specify a period of more than 3 hours under
subsection (1)(a) or (b) unless the chief executive officer of the
Authority has given written authorisation for a longer period to be specified
in relation to the person exposed to the hazardous material.
(4) If a person does
not comply with a direction under this section, an authorised officer may do
all such things as are reasonably necessary to ensure compliance with the
direction, using such force as is reasonable in the circumstances.
(5) An authorised
officer may exercise a power under this section with the help, and using the
force, that is reasonable in the circumstances.
(6) An authorised
officer may revoke a direction given under this section at any time.
(7) A person shall not
obstruct or hinder an authorised officer in the exercise of a power under this
section.
Penalty: a fine of $50 000.
(8) A person given a
direction under this section shall comply with the direction.
Penalty: a fine of $50 000.
(9) The regulations
may limit the circumstances, and regulate the manner, in which the powers
conferred by this section may be exercised.
(10) In this
section —
authorised officer , in relation to a hazardous
material incident, means —
(a) the
Director or, in his absence, the officer or any member of the brigade who for
the time being is in charge; and
(b) the
chief executive officer of the Authority.
”.