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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165BA

Pandemic management general powers

    (1)     The pandemic management general powers are as follows—

        (a)     to take any action or give any direction, other than to detain a person, that the authorised officer believes is reasonably necessary to protect public health;

        (b)     to detain a person in a pandemic management area for the period the authorised officer believes is reasonably necessary to eliminate or reduce a serious risk to public health.

    (2)         Without limiting the pandemic management general powers, an authorised officer may give a written or oral direction in the exercise of a pandemic management general power

        (a)     that restricts movement in a pandemic management area; or

        (b)     that requires movement in, into or from a pandemic management area; or

        (c)     that prevents or limits entry to a pandemic management area; or

        (d)     that requires a person to refrain from organising or participating in a gathering whether public or private in a pandemic management area; or

        (e)     that requires the use of personal protective equipment in a pandemic management area; or

        (f)     that requires a person to refrain from carrying on activities, businesses or undertakings, or to carry them on in a specified manner, in a pandemic management area; or

        (g)     that requires the provision of information (including information about the identity of any person), the production of documents or the keeping of records; or

        (h)         that requires medical examination or testing in a pandemic management area or before entering a pandemic management area; or

              (i)     that requires the quarantining, destruction or other management of disease vectors in a pandemic management area.

    (3)         If a direction is given orally, matters required to be specified in the direction may be stated orally.

    (4)     An authorised officer, in the exercise of a pandemic management general power under subsection (1)(a), must not give a direction that applies to more than one person unless the direction—

        (a)     relates to a particular event at a particular location and is given to persons participating in, or present at, that event (including, but not limited to, a direction to restrict movement, require movement or limit entry); or

        (b)         relates to a particular activity at a particular location and is given to persons undertaking that activity (including, but not limited to, a direction to restrict movement, require movement or limit entry); or

        (c)     is a direction to restrict movement, require movement or to limit entry, if when the direction is given the persons to whom the direction is given—

              (i)     are located in the immediate vicinity of the authorised officer; or

              (ii)     are present at a particular premises.

    (5)             An authorised officer must not detain more than one person in a single exercise of a pandemic management general power under subsection (1)(b).

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



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