AustLII Tasmanian Numbered Acts

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PUBLIC HEALTH (MISCELLANEOUS AMENDMENTS) ACT 2015 (NO. 4 OF 2015) - SECT 9

Section 16 amended (Directions of Director)

Section 16 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "After making an emergency declaration" and substituting "While an emergency declaration is in force" ;
(b) by omitting paragraph (a) from subsection (1) and substituting the following paragraph:
(a) manage a threat to public health or a likely threat to public health; or
(c) by omitting from subsection (1)(b) "segregate" and substituting "quarantine" ;
(d) by inserting in subsection (2) "while an emergency declaration is in force" after "directions" ;
(e) by omitting paragraph (a) from subsection (2) and substituting the following paragraph:
(a) that any specified person undergo –
(i) a clinical assessment specified in the direction; or
(ii) a clinical assessment, specified in the direction, conducted by a person, or a member of a class of persons, specified in the direction;
(f) by inserting the following subsection after subsection (2) :
(2A)  A direction given under this section may specify the manner in which the direction is to be complied with.
(g) by omitting from subsection (3) "in accordance with any relevant guidelines" and substituting "given under this section" ;
(h) by inserting the following subsections after subsection (3) :
(4)  A person who carries out a clinical assessment for the purpose of a direction given under subsection (2)(a) must provide to the Director a written report in relation to the assessment as soon as practicable after the assessment is completed.
Penalty:  Fine not exceeding 25 penalty units.
(5)  A direction given under this section ceases to be in force when the requirements of the direction have been satisfied.
(6)  The Director may revoke a direction given under this section.
(7)  The Director must revoke under subsection (6) a direction as soon as practicable after he or she is satisfied 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 direction to remain in force.
(8)  If a direction given under this section, or an order under section 16C(1)(e) , requires a person to be quarantined or isolated or to stay in a specified area, the Director, at the required intervals, must –
(a) consider whether it is necessary for the person to continue to be subject to the direction or order; and
(b) if necessary in order to determine whether it is necessary for the person to continue to be subject to the direction or order, arrange for the clinical assessment of the person.
(9)  The required intervals are intervals that the Director considers reasonable, but not less than once in every successive period of 7 days.



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