Emergency Declaration (2022) Subtitles
In Victoria, the Victorian Premier can declare a state of emergency under the Public Safety Preservation Act 1958[15] if there is a threat to employment, safety or public order.[16] A declared state of emergency allows the Premier to immediately make any desired regulations to secure public order and safety. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier. However, these regulations expire if Parliament does not agree to continue them within seven days.
Emergency Declaration (2022) Subtitles
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The Offences against the State Act does not require a state of emergency under Article 28.3.3.[72][73] Part V of the Act, which provides for a non-jury Special Criminal Court (SCC), is permitted under Article 38.3.1.[74][75] Part V is activated by a declaration from the government that it is "necessary to secure the preservation of public peace and order", and it can be rescinded by vote of Dáil Éireann. Provision for internment is similarly activated and rescinded (originally by Part VI of the 1939 act, later by Part II of a 1940 amending act).[72][76][77] Parts V and VI were both activated during the Second World War and the IRA's late 1950s Border Campaign; Part V has been continually active since 1972.[78][79]
In Malaysia, if the Yang di-Pertuan Agong (Monarch) is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.[87]
On 12 January 2021, a nationwide state of emergency was declared by the Yang di-Pertuan Agong Abdullah of Pahang in response to the COVID-19 pandemic in Malaysia, at the request of Prime Minister Muhyiddin Yassin. The state of emergency is planned to end on 1 August 2021. The declaration included the suspension of parliament and elections, and came amid political instability.[90] On 25 February 2021, Yang di-Pertuan Agong announced that the parliament can be convened during the state of emergency.[91][needs update]
The Civil Defence Emergency Management Act 2002 gives the Government of New Zealand and local-body councils the power to issue a state of emergency, either over the entire country or within a specific region.[94] This may suspend ordinary work and essential services if need be. States of emergency in New Zealand expire on the commencement of the seventh day after the date of a declaration unless extended. However, the Minister of Civil Defence or a local mayor may lift a state of emergency after an initial review of a region's status.
On 14 May 2013, Goodluck Jonathan declared a state of emergency for the entire northeastern states of Borno, Yobe and Adamawa.[102] A more limited state of emergency had been declared on 31 December 2011 in parts of Yobe, Borno, Plateau and Niger states. This earlier declaration included the temporary shutdown of the international borders in those regions.[103]
Such declarations allow the entities that exercise sovereignty from suspending the exercise of some of the constitutionally defined rights, freedoms and guarantees, so that the public authorities can take the appropriate and strictly necessary measures for the prompt restoration of constitutional normality; the Constitution, however, sets a temporal limit for these states of emergency (no more than fifteen days, even though renewal is possible) and forbids any suspension of the right to life, to personal integrity, to personal identity, to civil capacity and citizenship, the non-retroactivity of criminal law, the right to a fair trial, or the freedom of conscience and religion.[105] They also may not affect the constitutionally-defined competences and mode of operation of the entities that exercise sovereignty. The Assembly of the Republic may not be dissolved while a state of siege or a state of emergency is in force,[106] nor can the Constitution itself be subject to amendment.[107]
States of emergency in South Africa are governed by section 37 of the Constitution and by the State of Emergency Act, 1997. The president may declare a state of emergency only when "the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency" and if the ordinary laws and government powers are not sufficient to restore peace and order. The declaration is made by proclamation in the Government Gazette and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the National Assembly grants an extension, which may be for at most three months at a time. The High Courts have the power, subject to confirmation by the Constitutional Court, to determine the validity of the declaration of a state of emergency.[116]
Aside from these, many provisions of law exist in various jurisdictions, which take effect only upon an executive declaration of emergency; some 500 federal laws take effect upon a presidential declaration of emergency. The National Emergencies Act regulates this process at the federal level. It requires the President to specifically identify the provisions activated and to renew the declaration annually so as to prevent an arbitrarily broad or open-ended emergency.Presidents have occasionally taken action justified as necessary or prudent because of a state of emergency, only to have the action struck down in court as unconstitutional.[136]
The amount of HMGP funding available varies by disaster. Applicants (e.g., states, territories, and tribes) mayhost a briefing or a kick-off workshop to let potential subapplicants know of available funds and state priorities. Following a major disaster declaration, jurisdictions are encouraged to sign up for state email notifications, establish a point of contact with their state emergency management office, and review the state issued NOFO, if one is released. 041b061a72