Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 36B

Powers in respect of emergency area

36B. Powers in respect of emergency area



(1) An officer of the police on duty in or near the emergency area may
exercise the following powers-

   (a)  close or cause to be closed any road, footpath or open space otherwise
        providing access to the emergency area;

   (b)  prohibit any person or vehicle from entering or passing through the
        emergency area;

   (c)  direct any person on any road or footpath or in any open space or in
        any vehicle on any road, footpath or open space, within the emergency
        area to immediately leave the emergency area by the safest and
        shortest route;

   (d)  authorise a person to enter or remain in the emergency area subject to
        such conditions as the officer considers appropriate.

(2) Subsection (1) also empowers a prohibition or direction to be given to a
person who claims a pecuniary interest in property in the emergency area or
goods or valuables in that property and is not in that property.

(3) Subsection (1)(d) also empowers an authorisation subject to conditions to
be given to a person who claims a pecuniary interest in property in the
emergency area or goods or valuables in that property and is on that property.

(4) A direction, prohibition or authorisation under subsection (1) may be
broadcast, televised or communicated from a broadcasting station, television
station or other communication centre in an announcement authorised by the
State Co-ordinator.

(5) If an officer of the police on duty in or near the emergency area has
reason to suspect that an offence against this Act is being or is about to be
committed, the officer may order a person to leave the emergency area and may
use such force as is reasonable necessary to remove the person from the
emergency area or to prevent the person from entering the emergency area.