Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 15

15 Action by the State if local government does not administer and enforce this Act

(1) Subsection (3) applies if the chief executive—

(a) is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and

(b) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and

(c) is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.

(2) For subsection (1) (a) , the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk—

(a) the potential consequences for the health of individuals;

(b) the number of persons likely to be exposed to the risk.

(3) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.

(4) For subsections (1) , (2) and (3) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.

(5) An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1) (b) .