Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 217

217 .         Contents of enforcement order

        (1)         An enforcement order must take the form of an order that the person given the order is —

            (a)         required to take specified action; or

            (b)         prohibited from carrying on a specified activity; or

            (c)         prohibited from causing or permitting a specified activity to be carried on at specified premises; or

            (d)         prohibited from using any specified machinery, equipment or other thing; or

            (e)         prohibited from entering specified premises.

        (2)         A prohibition imposed by an enforcement order may, without limitation —

            (a)         be limited, for example the prohibition might relate only to the manner in which something is done;

            (b)         be absolute or conditional.

        (3)         An enforcement order must —

            (a)         be in an approved form; and

            (b)         state that it is issued under section 216; and

            (c)         state the grounds on which the order is given; and

            (d)         state the period, if applicable, within which the person is required to comply with the order; and

            (e)         state the date, if applicable, on which the order ceases to have effect; and

            (f)         state that the person has the right to apply for a review under section 226(2); and

            (g)         state the date the notice was given and the name and contact details of the enforcement agency that gave it.

        (4)         When specifying in an enforcement order anything that the person given the order is required to do or prohibited from doing, the enforcement agency must have regard to —

            (a)         the degree, or the potential degree, of the risk or the damage to public health from any activity in relation to which the order is issued; and

            (b)         any measures that were taken, or that have not been taken, to avoid, or to minimise the consequences or potential consequences of, that risk or damage to public health; and

            (c)         the principles set out in the Table to section 3(2); and

            (d)         any other matter prescribed by the regulations.

        (5)         An enforcement order may include ancillary or incidental directions, including a direction that a copy of the order be displayed in a specified manner at any premises to which the order applies.