South Australian Numbered Acts

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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 (NO 21 OF 2011) - SECT 66

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.

        (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.

Division 2—Notifiable contaminants



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