(1) The Minister may, at any time on or after the making of a pandemic declaration, make any order (a pandemic order ) that the Minister believes is reasonably necessary to protect public health.
(2) Without limiting subsection (1), a pandemic order may include, but is not limited to, an order—
(a) that requires persons to be detained in a pandemic management area for the period specified in the order—
(i) if the conditions specified in the order are satisfied; or
(ii) in the circumstances specified in the order; or
(b) that requires that the detention of persons in a pandemic management area be extended for the period specified in the order—
(i) if the conditions specified in the order are satisfied; or
(ii) in the circumstances specified in the order; or
(c) that restricts movement in a pandemic management area; or
(d) that requires movement in, into or from a pandemic management area; or
(e) that prevents or limits entry to a pandemic management area; or
(f) that prohibits or regulates gatherings whether public or private in a pandemic management area; or
(g) that requires the use of personal protective equipment in a pandemic management area; or
(h) that prohibits or regulates the carrying on of activities, businesses or undertakings in a pandemic management area; or
(i) that requires the provision of information (including information about the identity of any person), the production of documents or the keeping of records; or
(j) that requires the medical examination or testing of persons in a pandemic management area or as a condition of entry to a pandemic management area; or
S. 165AI(2)(j) renumbered as s. 165AI(2)(k) by No. 39/2024 s. 118(2).
(k) that requires the quarantining, destruction or other management of disease vectors in a pandemic management area.
Note
A person can be detained in the exercise of a pandemic management power: see sections 165B(1)(b) and 165BA(1)(b). Special protections apply to detention under this Part, including the right of a detained person to apply for review by a Detention Appeals Officer of the detention: see Division 6.
(3) A period of detention specified in a pandemic order must not exceed the period that the Minister believes is reasonably necessary to eliminate or reduce a serious risk to public health.
(4) Without limiting subsection (2)(b), the reasons for making a pandemic order that requires the extension of a period for which persons are detained may relate to a refusal or failure to comply with a requirement to undergo a medical examination or a medical test.
S. 165AJ inserted by No. 53/2021 s. 12.