AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 63B

Division 2 - Serious incident sites Declaration of serious incident site

(1)  A police officer of or above the rank of inspector, if of the opinion that because of the size, nature or location of an incident it is necessary to exclude persons from the area of the incident, may declare the area to be a serious incident site so as to ensure –
(a) public safety; or
(b) the security of evacuated premises; or
(c) the safety of, prevention of obstruction of, hindrance of or interference with emergency services.
(2)  A police officer may establish a serious incident site in any way that is reasonably appropriate in the circumstances.
(3)  The police officer who declares a serious incident site is to put the declaration in writing as soon as practicable after making it and is to give a copy of the declaration to –
(a) the owner or person lawfully in possession of the place to which the declaration relates, if the place is not a public place; and
(b) the District Police Commander responsible for the relevant region.
(4)  A declaration of a serious incident site remains in force for 7 days unless it is sooner revoked.
(5)  A revocation of a declaration of a serious incident site –
(a) may be made by a police officer of or above the rank of inspector; and
(b) is to be put in writing as soon as practicable after it is made and a copy given to the persons who have been given a copy of the declaration under subsection (3) .
(6)  Before a declaration of a serious incident site lapses or is revoked, a police officer of or above the rank of inspector may re-declare the site to be a serious incident site.
(7)  A re-declaration of a serious incident site under subsection (6) may be made one or more times and subsections (3) , (4) , (5) , (8) and (9) apply to a re-declaration as if it were a declaration under those subsections.
(8)  The owner or person lawfully in possession of the place to which a declaration of a serious incident site relates may appeal against the declaration to the Magistrates Court (Administrative Appeals Division).
(9)  The Magistrates Court (Administrative Appeals Division) may confirm, amend or revoke, or add conditions to, a declaration of a serious incident site.



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