Volume 122, Issue 58A
Royal Gazette
16 July 2548
Section3.The Act on Public Administration in State of Emergency, 2495 BE, shall be repealed.
Section4.In this Emergency Decree—
"state of emergency" means a situation which affects or may affect public order, or endangers the security of the State, or may bring the Country or any part thereof under a crisis, or involves the commission of an offence of terrorism according to the Penal Code, battle, or warfare, and which requires urgent measures in order to maintain the democratic administration with Monarch as Head [of State] according to the Constitution of the Kingdom of Thailand, the independence and territorial integrity, the national interest, the observance of law, the safety of the public, the peaceful subsistence of the public, the protection of rights and freedoms, common order or interest, or the aversion or remedying of damage from a public disaster which arises in an urgent and serious manner;
"competent authority" means a person appointed by the Prime Minister to perform the duties under this Emergency Decree.
Section5.When a state of emergency appears to have occurred and the Prime Minister finds it appropriate to use forces of administrative or police authorities, civil authorities, or military authorities to jointly effect prevention, resolution, suppression, abatement, rehabilitation, or public aid, the Prime Minister shall have the power to, with the approval of the Council of Ministers, announce a state of emergency to be enforced throughout the Kingdom or in certain areas according to the necessity of the situation. In the event that the approval of the Council of Ministers cannot be sought in time, the Prime Minister may announce the state of emergency first and arrange for it to be approved by the Council of Ministers within three days. If he fails to arrange for it to receive the approval of the Council of Ministers within the designated time or the Council of Ministers withholds its approval, the announcement of the said state of emergency shall come to an end.
The announcement of a state of emergency according to paragraph 1 shall apply throughout the time designated by the Prime Minister, but not over three months counted from the day the announcement is made. In the event of necessity to extend the period of time, the Prime Minister shall have the power to, with the approval of the Council of Ministers, announce extensions of the period of its application not exceeding three months each.
