Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 33

33 Recipient may apply for contribution

(1) This section applies if the recipient of a public health order has complied with the order and considers another person (the
"third party" ) is wholly or partly responsible for the public health risk the subject of the order.

(2) The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the
"cost recovery order" ).

(3) The application must—

(a) be sworn; and

(b) state the grounds on which the application is made; and

(c) state the name of the third party; and

(d) state the amount sought from the third party; and

(e) be accompanied by a copy of the public health order.

(4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.