South Australian Numbered Acts

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 (NO 21 OF 2011) - SECT 40

40—Power of Chief Public Health Officer to act

        (1)         If—

            (a)         the Chief Public Health Officer considers that a public health risk exists that has significance in relation to the areas of 2 or more councils; or

            (b)         the Chief Public Health Officer considers that action under this section is warranted in order to support or enhance the Minister's functions to preserve, protect or promote public health within the State,

the Chief Public Health Officer may exercise any power conferred on a council under this Act (as if the Chief Public Health Officer were a council).

        (2)         Subject to subsection (3), before taking action under subsection (1) the Chief Public Health Officer must take reasonable steps to consult with the council or councils for the area or areas where the Chief Public Health Officer intends to act, and with SAPHC.

        (3)         If the Chief Public Health Officer considers that urgent action is required, the Chief Public Health Officer may, after informing the Minister of his or her proposed course of action, take action under subsection (1) without complying with subsection (2) (but the Chief Public Health Officer must then, within a reasonable time after taking the action, advise the relevant council or councils of the action that has been taken).