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PUBLIC HEALTH ACT 2005 - SECT 118
Making initial examination order
118 Making initial examination order
(1) A magistrate may make an initial examination order for a person if the
magistrate— (a) reasonably suspects the person may have a controlled
notifiable condition; and
(b) is satisfied that if the person has the
condition, either of the following may constitute an immediate risk to public
health— (i) the person’s condition;
(ii) the person’s condition and
likely behaviour; and
(c) is satisfied it is necessary for the person to
undergo a medical examination to ascertain whether the person has the
condition; and
(d) is satisfied the person has been counselled, or reasonable
attempts have been made to counsel the person, about the condition and its
possible effect on the person’s health and on public health.
(2) However,
subsection (1) (d) does not apply if it is not practicable to counsel the
person.
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