Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC HEALTH ACT 2016 - SECT 125

125 .         Warrant to apprehend person to whom public health order applies

        (1)         If an authorised officer is satisfied that it is necessary to do so to enforce a public health order, the authorised officer may apply to a magistrate for a warrant for the apprehension of the person to whom the order applies.

        (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 for the apprehension of the person to whom the public health order applies.

        (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 126(1)(a))

            (a)         to enter, at any time, any place where the person to whom the public health order applies 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; and

            (c)         to apprehend the person and take the person to a place to be dealt with in accordance with the public health order.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback