Australian Capital Territory Current Acts

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PUBLIC HEALTH ACT 1997 - SECT 119

Emergency declarations

    (1)     The Minister may declare a public health emergency if satisfied that it is justified in the circumstances.

    (2)     An emergency declaration must specify—

        (a)     the nature of the emergency; and

        (b)     any area to which it relates; and

        (c)     the period during which the declaration is to remain in force.

    (3)     An emergency declaration comes into force immediately after it is made, or at any later time stated in the declaration, and remains in force for the period stated in the declaration which must be not longer than 5 days.

    (4)     The Minister may extend or further extend the period during which an emergency declaration is to remain in force by a period of up to 2 days.

    (5)     A declaration under subsection (1) and an extension under subsection (4) are notifiable instruments.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (6)     The Minister must give additional public notice of an emergency declaration, and any extension of the period of a declaration, as soon as practicable after it is made.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1). The requirement in s (6) is in addition to the requirement for notification on the legislation register as a notifiable instrument.



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