New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 106

106 Inquiries by Secretary

(cf 1991 Act, s 71)

(1) The Secretary may inquire into--

(a) any matter relating to public health, or

(b) any matter that, under this Act, authorises an order or direction by, or that requires the approval or consent of, the Minister, the Secretary or the Chief Health Officer, or

(c) any alleged offence under this Act or the regulations.

(2) The Secretary may authorise a person in writing to exercise the functions specified by the authority for the purposes of assisting the inquiry.

(3) The person's authority may authorise the person to exercise any of the functions of an authorised officer under this Part that are specified in the authority.

(3A) If the person is authorised to exercise the function of an authorised officer under a provision of this Part that relates to a contravention of this Act or the regulations, the function may be exercised in relation to a matter the subject of the inquiry.

(4) For the purposes of an inquiry, the Secretary may obtain, use and disclose any information obtained by the Secretary under this Act, if the Secretary is of the opinion that it is reasonably necessary to do so for the purposes of the inquiry or for the purposes of protecting the health of the public.

(4A) If, as a result of an inquiry, the Secretary considers that there is, or is likely to be, a risk to public health, the Secretary may, by notice in writing, direct a person whom the Secretary reasonably believes is responsible for, or contributed to, the public health risk to notify specified persons or a specified class of persons of the nature of the risk and of any measures to be taken to mitigate that risk.

(5) This section has effect despite any law.