Public Safety Preservation Act 1986 (Qld)

Public Safety Preservation Act 1986

An Act to provide protection for members of the public in terrorist, chemical, biological, radiological or other emergencies that create or may create danger of death, injury or distress to any person, loss of or damage to any property or pollution of the environment and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Public Safety Preservation Act 1986.

2 [Repealed]

3 Crown bound This Act binds the Crown.

3A Extraterritorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. (3) A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland. (4) The commissioner or deputy commissioner may, under section 8A— (a) appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— (i) an emergency situation has arisen or is likely to arise in Queensland; and (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or (b) appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland. (5) A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland. (6) A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity— (a) may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and (b) is not affected if the area moves outside Queensland while the declaration or authorisation is in effect. (7) A declaration under section 8GA of a vehicle or an area surrounding a vehicle— (a) may be made even if the vehicle or area is outside Queensland at the time of the declaration; and (b) is not affected if the vehicle or area moves outside Queensland while the declaration is in effect. (8) Subsections (3) to (7) do not limit subsection (2).