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Offences in a state of alert, major emergency, major incident or disaster

The Government in South Australia has the power to declare a state of alert, a major emergency, a major incident and a disaster under the Emergency Management Act 2004 (SA). A declaration may be made in respect of a catastrophic bushfire, flood, storm, earthquake, pandemic (such as COVID-19) or other emergency situation.

The Emergency Management Act 2004 (SA) sets out a number of offences to ensure order is maintained during a declaration period.

It is an offence to fail to comply with a requirement or direction of the State Coordinator, State Recovery Coordinator or an authorised officer given in accordance with the Emergency Management Act 2004 (SA) [s 28]. The maximum penalty for a corporation is $75,000 (with an expiation fee of $5,000) and for an individual $20,000 or imprisonment for 2 years (with an expiation fee of $1,000).

It is an offence to hinder or obstruct operations carried out under the Emergency Management Act 2004 (SA), with a maximum penalty of $10,000 [s 29].

It is an offence to impersonate an authorised officer or person with responsibilities under the Emergency Management Act 2004 (SA), with a maximum penalty of $10,000 [s 30]. This includes wearing special clothing or insignia or using special equipment issued to an authorised officer, where to do so would lead to a reasonable belief that they are an authorised officer.

It is an offence for a person suspected of having committed, being about to commit, or committing an offence against the Emergency Management Act 2004 (SA) to refuse to give their name and address and show proof of identity when directed by an authorised officer, with a maximum penalty of $5,000 [s 31].

Offences in a state of alert, major emergency, major incident or disaster  :  Last Revised: Mon Dec 1st 2025
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.