Article 6 Power to make Regulations

(1)

Where the Governor has made a Proclamation of Emergency under article 5(1) and the Governor is satisfied that the conditions in article 7 are met, the Governor may make Regulations for the purpose of preventing, controlling or mitigating an aspect or effect of the state of that public emergency.

(2)

In particular, Regulations may make any provision which the Governor is satisfied is necessary for the purpose of—

(a)

protecting human life, health or safety;

(b)

treating human illness or injury;

(c)

protecting or restoring property;

(d)

protecting or restoring a supply of money, food, water, energy or fuel;

(e)

protecting or restoring a system of communication;

(f)

protecting or restoring facilities for transport;

(g)

protecting or restoring the provision of services relating to health;

(h)

protecting or restoring the activities of banks or other financial institutions;

(i)

preventing, containing or reducing the contamination of land, water or air;

(j)

preventing, reducing or mitigating the effects of disruption or destruction of plant life or animal life;

(k)

protecting or restoring the activities of the government of the Territory; or

(l)

protecting or restoring the performance of public functions.

(3)

Regulations made under paragraph (1) may, so far as necessary for any of the purposes mentioned in paragraph (2), in particular—

(a)

confer any function on the Governor or on any other specified person, including—

(i)

a power, or duty, to exercise a discretion;

(ii)

a power to give directions or orders, whether written or oral;

(b)

provide for or enable the detention of persons and the deportation or exclusion of persons from the Territory;

(c)

provide for or enable, on behalf of Her Majesty, in relation to any property and with or without compensation—

(i)

the taking of possession or control of that property; or

(ii)

the acquisition of that property;

(d)

provide for or enable the destruction of property, animal life or plant life (with or without compensation);

(e)

prohibit, or enable the prohibition of, movement to or from a specified place;

(f)

require, or enable the requirement of, movement to or from a specified place;

(g)

prohibit, or enable the prohibition of, assemblies of specified kinds, at specified places or at specified times;

(h)

prohibit, or enable the prohibition of, travel at specified times;

(i)

prohibit, or enable the prohibition of, other specified activities;

(j)

provide for any law to be amended, suspended in its operation or applied with or without modification;

(k)

make provision (which may include conferring powers in relation to property) for facilitating any deployment of the Territory’s armed forces or police services;

(l)

confer jurisdiction on a court or tribunal (which may include a tribunal established by the Regulations);

(m)

make provision which has effect in relation to, or to anything done in, an area of the territorial sea of the Territory;

(n)

provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the Regulations, such fee as may be prescribed by or under those Regulations; and

(o)

provide for the payment of compensation and remuneration to persons affected by the Regulations.

(4)

In paragraph (3) “specified” means specified by, or to be specified in accordance with, the Regulations.

(5)

Any Regulations made under paragraph (1) may contain such incidental and supplementary provision as appear to the Governor to be necessary for the purposes mentioned in that paragraph.

(6)

Any Regulations made under paragraph (1) shall be published in the Gazette as soon as practicable after they are made.