66—Action to prevent spread of infection
(1) If there is danger
to public health from the possible spread of a disease constituting a
notifiable condition, the Chief Public Health Officer or an authorised officer
authorised by the Chief Public Health Officer for the purposes of this section
may give such directions and take such action as may be appropriate to avert
that danger.
(2) Without limiting
the generality of subsection (1), the Chief Public Health Officer or
authorised officer may—
(a)
direct that any premises, vehicle or article be cleansed or disinfected;
(b)
direct the destruction of any article, substance, food or other thing;
(c)
seize any vehicle, article, substance, food or other thing;
(d)
impose areas of quarantine or close premises;
(e)
restrict movement into and out of any place or premises;
(f) take
such other action as may be prescribed.
(2a) A direction or
requirement under subsection (1) or (2) may be issued in the form of
a written instrument or in any other form (including, without limitation,
orally, by SMS or email).
(3) A person who is
given a direction or subject to some other form of requirement under
subsection (1) or (2) must not, without reasonable excuse,
contravene or fail to comply with the direction or requirement.
Maximum penalty: $25 000.
Expiation fee: $750.
(4) For the purpose of
exercising a power under subsection (1) or (2), an
authorised officer may be assisted by such assistants as may be necessary or
desirable in the circumstances.
(5) If a person fails
to take action in accordance with a direction or requirement, the Chief Public
Health Officer or an authorised officer may take that action or cause it to be
taken.
(6) The Crown or a
council may recover as a debt costs and expenses reasonably incurred in
exercising powers under subsection (5) from the person who failed to take
the required action.
(7) For the purpose of
exercising a power under this section, a person authorised to do so by the
Chief Public Health Officer—
(a) may
enter premises or any vehicle at any reasonable time; and
(b) may
break into premises or any vehicle if authorised by a warrant issued by a
magistrate.
(8) A magistrate must
not issue a warrant under subsection (7) unless satisfied that the
warrant is reasonably required in the circumstances.
(9) If the
Chief Public Health Officer informs a council of the occurrence of a disease
constituting a notifiable condition, the council must take such action as is
reasonably open to the council to assist in preventing the spread of the
disease.