Offences in Major Emergencies, Major Incidents or Disasters
The Government in South Australia has the power to declare Major Emergencies, Major Incidents and Disasters under the Emergency Management Act 2004 (SA) [ss 22-24A]. An example of one of these may be a catastrophic bushfire, flood, storm, earthquake, COVID-19 or other emergency situation.
There are some specific offences under the Emergency Management Act 2004 (SA) which include:
-
Failure to comply with directions [s 28]:
A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of the State Co-ordinator (Commissioner of Police) or of an authorised officer given in accordance with this Act during a declared identified major incident, major emergency or disaster.
Maximum penalty:
(a) if the offender is a body corporate—$75,000 (expiation fee: $5,000)
(b) if the offender is a natural person—$20,000 (expiation fee: $1,000) or imprisonment for 2 years
-
Obstruction [s 29]
A person must not hinder or obstruct operations carried out in accordance with this Act.
Maximum penalty: $10,000
-
Impersonating an authorised officer etc [s 30]
(1) A person must not falsely represent that he or she is an authorised officer or other person with responsibilities under this Act.
Maximum penalty: $10,000.
(2) A person must not, without lawful authority—
(a) wear any insignia or special apparel issued to an authorised officer for the purposes of this Act; or
(b) use any special equipment issued to an authorised officer for the purposes of this Act, in circumstances where to do so would lead to a reasonable belief that he or she was an authorised officer.
Maximum penalty: $10,000.
-
Disclosure of information [s 31]
(1) 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.
(2) A person to whom a direction is given under subsection (1) must immediately comply with the direction.
Maximum penalty: $5,000
Offences in Major Emergencies, Major Incidents or Disasters : Last Revised: Tue Sep 7th 2021
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.
.png)
.jpg)
.jpg)
.jpg)
.png)
.png)
