AustLII Tasmanian Numbered Acts

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PUBLIC HEALTH (MISCELLANEOUS AMENDMENTS) ACT 2015 (NO. 4 OF 2015) - SECT 16

Sections 43 , 44 , 45 , 46 , 47 and 48 substituted

Sections 43 , 44 , 45 , 46 , 47 and 48 of the Principal Act are repealed and the following sections are substituted:

43.     Warrant may be issued if person fails to comply with direction

(1)  The Director may apply to a magistrate for the issue under this section of a warrant in relation to a person, if –
(a) the person has failed to comply with a direction of the Director given under section 42 ; and
(b) in the opinion of the Director, it is necessary, for the purposes of managing a threat to public health or a likely threat to public health, that the person comply with the direction.
(2)  A magistrate may, on the application of the Director, issue a warrant –
(a) authorising the apprehension, by –
(i) a person authorised by the Director to execute the warrant; or
(ii) a police officer –
of a person who is specified in the warrant (the specified person ); and
(b) authorising the entry of any premises by a person referred to in paragraph (a)(i) or (ii) , if the person believes on reasonable grounds that the specified person is in the premises; and
(c) authorising the specified person to be detained, isolated, or quarantined, until the specified person may be brought before a magistrate.
(3)  A magistrate may only issue a warrant under subsection (2) in relation to a specified person if the magistrate is satisfied that –
(a) the specified person has failed to comply with a direction of the Director given under section 42 ; and
(b) in the opinion of the Director, it is necessary, for the purposes of managing a threat to public health or a likely threat to public health, that the specified person comply with the direction.
(4)  The Director may apply under subsection (1) for a warrant by telephone if the Director is of the opinion that the situation is an emergency.

44.     Person apprehended under warrant to be brought before magistrate as soon as practicable

(1)  A person who is apprehended under a warrant issued under section 43 is to be brought before a magistrate as soon as practicable.
(2)  Despite subsection (1) , if a risk to the health of a person who is apprehended under a warrant issued under section 43 , or to the health of other persons, may occur if the person were to be brought before a magistrate, that subsection is taken to be satisfied if –
(a) the person is represented by another person who is appointed by the person, a magistrate or a court to represent the person in proceedings under this Part; and
(b) a magistrate or court agrees to the person not being brought before a magistrate in accordance with subsection (1) .

45.     Orders of magistrate

(1)  A magistrate may take one or more of the following actions in relation to a person who is apprehended under a warrant issued under section 43 and brought before the magistrate:
(a) order the person to comply with a direction of the Director given to the person under section 42 ;
(b) by order, vary any direction of the Director, if the direction as so varied could have been given by the Director under section 42 ;
(c) order the person –
(i) to comply with a requirement, determined by the magistrate and specified in the order, that the Director could have imposed on the person in a direction given under section 16 or section 42 ; and
(ii) to continue to comply with the requirement either until the requirement has been satisfied or the Director gives a declaration under subsection (4) in relation to the order;
(d) order that a clinical assessment of the person be carried out;
(e) order that the person be placed and remain in quarantine, or isolation, for a period that is to end when the Director gives a declaration under subsection (4) in relation to the order.
(2)  A magistrate may only make an order under subsection (1) if he or she is of the opinion that it is necessary to do so for the purposes of managing a threat to public health or a likely threat to public health.
(3)  A magistrate before whom a person apprehended under a warrant issued under section 43 is brought may, by order, revoke a direction given to the person under section 42 , if the magistrate is of the opinion that it is not necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the direction to be complied with.
(4)  The Director may, by notice to the person to whom an order made under subsection (1)(c) or (e) relates, declare that the Director is of the opinion that it is no longer necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the order to continue in force .
(5)  An order under this section that requires a person to comply with a direction given under section 42 is revoked, or ceases to be in force, as soon as the direction is revoked, or ceases to be in force, under that section.
(6)  An order under subsection (1)(c) or (e) ceases to be in force as soon as the requirement is satisfied or the Director issues a notice under subsection (4) .
(7)  A person to whom an order under this section relates, or the Director, may appeal to the Supreme Court against the making of the order.

46.     Notification of notifiable diseases and contaminants

(1)  The guidelines may require a person, Agency or public authority to notify the Director if the person, or a person acting on behalf of the Agency or public authority –
(a) becomes aware that any notifiable disease or notifiable contaminant is present, or may have occurred, in any water or food or any tissue, substance or secretion of the human body; or
(b) suspects, or is, under the guidelines, to suspect, that any notifiable disease or notifiable contaminant may be present, or may have occurred, in any water or food or any tissue, substance or secretion of the human body.
(2)  Without limiting the matters to which guidelines for the purposes of this section may relate, such guidelines may do any one or more of the following things:
(a) require notification of the presence or occurrence, or suspected presence or occurrence, of any notifiable disease, or notifiable contaminant, only in certain circumstances;
(b) set out the information that is required to be included in a notification of the presence or occurrence, or suspected presence or occurrence, of any notifiable disease or notifiable contaminant;
(c) specify the persons who are required to give notification;
(d) require notification to be made in a particular manner or form.



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