New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 45

45 Prohibition order

(1) The Secretary, a local government authority or a General Manager of a council may serve a prohibition order on the occupier of premises if the Secretary, authority or General Manager believes on reasonable grounds--

(a) that any of the circumstances in which an improvement notice may be issued exist and that--

(i) the occupier has not complied with an improvement notice within the time required under the notice, and

(ii) the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or

(b) that any of the circumstances in which an improvement notice may be issued exist and that the issue of the order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.

(2) A prohibition order made against the occupier of premises at which there is a regulated system is to take the form of an order that the system must not be operated until the occupier has been given a clearance certificate stating that the system may be operated.

(3) A prohibition order made against the occupier of premises at which there is a public swimming pool or spa pool is to take the form of an order that the swimming pool or spa pool must not be opened for use by the public until the occupier has been given a clearance certificate stating that the swimming pool or spa pool may be opened for use by the public.

(4) A prohibition order made against the occupier of premises at which skin penetration procedures are carried out is to take the form of an order that such procedures must not be carried out at the premises until the occupier has been given a clearance certificate stating that skin penetration procedures may be carried out at the premises.

(5) A prohibition order is to state that it is issued under this section and to specify any provision of the regulations to which it relates.

(6) The Secretary, local government authority or General Manager who made the prohibition order must give a certificate of clearance if, after an inspection of the premises subject to the order, an authorised officer is satisfied that there is no serious danger to public health.