New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 73

73 Action following arrest or surrender

(cf 1991 Act, s 30)

(1) If a person in respect of whom an authorised medical practitioner has issued a certificate under section 71(1) for an alleged contravention of a public health order is brought or otherwise appears before the Civil and Administrative Tribunal, the Tribunal is to conduct an inquiry into the allegation.

(2) Following its inquiry, the Civil and Administrative Tribunal--

(a) may confirm the order, or

(b) may vary the order and confirm it as varied, or

(c) may caution the person and take no further action in the matter.

(3) The Civil and Administrative Tribunal's power to
"vary" a public health order under this section is a power--

(a) to omit a requirement from the order, or

(b) to include in the order a requirement that could have been included in the order when it was made, or

(c) to substitute a requirement that could have been included in the order when it was made for any one or more of the requirements already included in the order.

(4) A person may be dealt with under this section for an alleged contravention of a public health order whether or not the person has been charged with an offence in relation to the same contravention.