Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 107

107 .         Warrant to enforce test order

        (1)         If an authorised officer is satisfied that it is necessary to do so to enforce a test order, the authorised officer may apply to a magistrate —

            (a)         for a warrant for the apprehension of the person to be tested under the order; or

            (b)         if the person named in the order is a deceased person, for a warrant authorising entry to the place where the deceased person’s body is reasonably believed to be.

        (2)         The application —

            (a)         must be made in accordance with sections 247 and 248, and those sections apply with all necessary changes; and

            (b)         must be determined in private.

        (3)         If the magistrate is satisfied that there are reasonable grounds for the application to have been made under subsection (1), the magistrate must issue a warrant accordingly.

        (4)         The magistrate must cause a record to be made (on the warrant or otherwise) of the matters of fact on which the magistrate has relied to justify the issue of the warrant.

        (5)         The warrant authorises the person specified in the warrant (and any police officer accompanying that person under section 108(1)(a)) —

            (a)         to enter, at any time, any place where the person (or as the case requires, the body of the deceased person) to be tested under the test order is reasonably believed to be, using any force that is reasonably necessary to do so; and

            (b)         to search the place for the purpose of finding the person or the person’s body, as the case requires; and

            (c)         if the person named in the order is not a deceased person, to apprehend the person and —

                  (i)         to detain the person for as long as is reasonably necessary to enable the test order to be carried out; and

                  (ii)         if necessary, to take that person to the place where the test order is to be carried out;

                and

            (d)         if the person named in the order is a deceased person, to take possession of the body of the person and (if necessary) take it to a place to enable the test order to be carried out.



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