Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Prime Minister or the Minister may make a declaration under this section if the Prime Minister or the Minister (as the case may be) is satisfied that:
(a) an emergency or disaster has occurred; and
(b) the emergency or disaster is of such a kind that it is appropriate in the circumstances for this Part to apply in relation to the emergency or disaster; and
(c) the emergency or disaster is of national significance (whether because of the nature and extent of the emergency or disaster, the direct or indirect effect of the emergency or disaster, or for any other reason); and
(d) the emergency or disaster has affected one or more Australian citizens or permanent residents (whether within Australia or overseas).
Note: A declaration under this subsection is merely a trigger for the operation of this Part and is not directly related to any other legislative or non - legislative scheme about emergencies.
(2) The Prime Minister or the Minister may also make a declaration under this section if:
(a) a national emergency declaration is in force; and
(b) the Prime Minister or the Minister (as the case may be) is satisfied that the emergency to which the national emergency declaration relates is of such a kind that it is appropriate in the circumstances for this Part to apply.