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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AM

Additional matters relating to a pandemic order

    (1)     A pandemic order must be in writing and must specify the following—

        (a)     the day on which, and time when, it comes into force, which must not be before the time when the pandemic declaration to which it relates comes into force;

        (b)     the period for which it continues in force;

        (c)     that refusal or failure to comply with the order without a reasonable excuse is an offence.

    (2)     A pandemic order may be expressed to apply in, or in relation to, the whole or a specified part of a pandemic management area.

    (3)     A pandemic order—

        (a)     may be of general or of specially limited application; and

        (b)     may differ according to differences in time, place or circumstance; and

        (c)     may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or specified class of persons; and

        (d)     may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the pandemic order, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and

        (e)     may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person

              (i)     wholly or partially or as amended by the pandemic order; or

              (ii)     as formulated, issued, prescribed or published at the time the pandemic order is made or at any time before then; or

              (iii)     as formulated, issued, prescribed or published from time to time; and

        (f)     may confer powers or impose duties in connection with the pandemic order on any specified person or specified class of persons; and

        (g)     may make provision for and in relation to requiring a specified person or specified class of persons to obtain a permit (however described) including, but not limited to, in respect of an activity, a business, an undertaking, a gathering, or movement within or entry into an area; and

        (h)     may make provision for and in relation to matters relating to permits (however described) including but not limited to eligibility, applications, conditions, variations and cancellation; and

              (i)     may make provision for and in relation to matters of a transitional or saving nature including but not limited to in relation to the transition from a state of emergency after a pandemic declaration comes into force; and

        (j)     may provide for any matter or thing incidental to the making of a pandemic order.

S. 165AN inserted by No. 53/2021 s. 12.



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