Queensland Consolidated Acts

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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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