Victorian Numbered Acts

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EMERGENCY MANAGEMENT ACT 2013 (NO. 73 OF 2013) - SECT 39

Control of emergency response to Class 2 emergencies

    (1)     At the request of the Emergency Management Commissioner or of their own volition, the officers in charge of agencies having roles or responsibilities under the state emergency response plan in relation to the emergency response to Class 2 emergencies or the senior officer of each such agency may determine the priority of the responsibilities of those agencies either during or in anticipation of a Class 2 emergency.

    (2)     In the absence of an agreement under subsection (1), the Emergency Management Commissioner may determine the priority of the response roles of the agencies.

    (3)     The officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency may, with the consent of the officer in charge of another agency, transfer control of any response activity in relation to that emergency to any officer of that other agency.

    (4)     The officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency or an officer in charge of another agency to which control of any response activity is transferred under subsection (3) may—

        (a)     appoint one or more controllers or assistant controllers for the Class 2 emergency; or

        (b)     transfer control of any response activity to one or more other persons.

    (5)     An appointment of an officer under subsection (4)(a) has effect for the period specified in the instrument of appointment.

    (6)     The officer in charge of another agency to which control of any response activity is transferred under subsection (3) or an officer appointed under subsection (4)(a) may exercise the powers of the chief operational officer of the agency having overall control of response activities in relation to the emergency.



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