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PUBLIC HEALTH ACT 2005 - SECT 156G
Court order may extend directions notice
156G Court order may extend directions notice
(1) This section applies if the chief executive has given a directions notice
to the operator of a health care facility.
(2) The chief executive may apply
to a magistrate for an order to extend the period during which the operator
must not provide the stated declared health service.
(3) The application must
be made before the end of— (a) the period stated under section 156E (2) for
the directions notice; or
(b) if the period is extended under section 156F
(2) —the extended period.
(4) If the magistrate has not decided the
application before the end of the period in which the application must be
made, the directions notice continues in effect until the magistrate decides
the application.
(5) The magistrate may refuse to consider the application
until the chief executive gives the magistrate all the information the
magistrate requires to make the order.
(6) The magistrate may make an order
to extend the period mentioned in subsection (2) for a further stated period
if the magistrate is satisfied— (a) the operator— (i) is contravening
section 151 ; or
(ii) has contravened section 151 in circumstances that make
it likely the contravention will continue or be repeated; and
(b) there is a
serious risk of harm to a person’s health because of the contravention or
likely contravention.
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