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PUBLIC HEALTH ACT 2005 - SECT 27
What enforcement order may require
27 What enforcement order may require
(1) The magistrate may make an enforcement order in the same terms as the
public health order, or in other terms the magistrate considers appropriate.
(2) Without limiting subsection (1) , the magistrate may order either— (a)
that— (i) the person against whom the order is made take steps to remove or
reduce the risk to public health from the public health risk, or prevent the
risk to public health from recurring; and
(ii) if the person fails to take
the steps, the issuing authority may enter the place and take the steps; or
(b) that the issuing authority may enter a place by its employees or agents to
take steps to remove or reduce the risk to public health from the
public health risk, or prevent the risk to public health from recurring.
(3)
If the magistrate makes an order under subsection (2) (a) , the order must
state— (a) the address of the place the steps are to be taken; and
(b) the
steps the person must take; and
(c) the period within which the steps must be
taken; and
(d) that an authorised person— (i) may enter the place to check
whether the steps under the order are being, or have been, taken; and
(ii)
may use necessary and reasonable help and force to enter; and
(e) the times
and intervals for entry under paragraph (d) ; and
(f) that if the steps
required to be taken under the enforcement order have not been taken within
the required period, the issuing authority may take the steps; and
(g) that
for paragraph (f) , an employee or agent of the issuing authority— (i) may
enter the place to take the steps under the order; and
(ii) may use necessary
and reasonable help and force to enter, if the employee or agent is an
authorised person or is accompanied by an authorised person; and
(h) the
times and intervals for entry under paragraph (g) ; and
(i) who must pay the
costs of taking the steps; and
(j) that it is an offence not to comply with
the enforcement order unless the person has a reasonable excuse.
(4) If the
magistrate makes an order under subsection (2) (b) , the order must state—
(a) the address of the place where the steps are to be taken; and
(b) the
steps that may be taken at the place by the issuing authority; and
(c) that
an employee or agent of the issuing authority— (i) may enter the place to
take the steps under the order; and
(ii) may use necessary and reasonable
help and force to enter, if the employee or agent is an authorised person or
is accompanied by an authorised person; and
(d) the times and intervals for
entry under paragraph (c) ; and
(e) the day when the order ends; and
(f)
that an authorised person— (i) may enter the place to check whether the
steps under the order are being, or have been, taken; and
(ii) may use
necessary and reasonable help and force to enter; and
(g) the times and
intervals for entry under paragraph (f) ; and
(h) who must pay the cost of
taking the steps.
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