Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 23

23 Public health orders

(1) If an authorised person reasonably believes that a person is responsible for a public health risk at a place, the authorised person may give a public health order to the person (the
"recipient" ).

(2) The public health order must state—

(a) the name and address of the recipient; and

(b) the nature of the public health risk; and

(c) the address of the place of the public health risk; and

(d) the steps the recipient must take, or action the recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and

(e) the period within which the steps must be taken or the action must be stopped; and

(f) the name of the authorised person; and

(g) the name, address and contact details of the issuing authority; and

(h) that it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and

(i) that if the order is not complied with an application may be made to a magistrates court for an enforcement order.

(3) The public health order must also set out, or state the effect of, sections 387 and 388 .

(4) The recipient must comply with the public health order, unless the recipient has a reasonable excuse.

Penalty—

Maximum penalty—200 penalty units.

Note—

If a recipient fails to comply with a public health order, the issuing authority may take action under chapter 9 , for example under section 388 . Other action may be taken under this Act, for example, under division 3 of this part.