Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 123

Enforcement of orders

    (1)     Subject to this section, an authorised officer who is a registered medical practitioner may enforce an examination and testing order or a public health order.

    (2)     A requirement in an examination and testing order or a public health order that a person undergo any examination, test, pharmacological treatment or prophylaxis cannot be enforced by the use of force.

S. 123(3) amended by No. 37/2014 s. 10(Sch. item 136.2).

    (3)     For the purposes of this section, an authorised officer may request the assistance of a police officer.

S. 123(4) amended by No. 37/2014 s. 10(Sch. item 136.2).

    (4)     A police officer may use reasonable force to detain the person subject to an examination and testing order or a public health order and take that person to—

        (a)     a place where an examination and test is to be carried out; or

        (b)     the place where the person is required to be under the order.

    (5)     For the purposes of this section if it appears to the authorised officer that it is necessary to do so to enforce an examination and testing order or a public health order, the authorised officer may apply to the Magistrates' Court for a warrant to arrest the person who is subject to the order.

S. 123(6) amended by No. 6/2018 s. 68(Sch. 2 item 103.1).

    (6)     If the Magistrates' Court is satisfied by evidence on oath or by affirmation or by affidavit of the matter specified in subsection (5), the Magistrates' Court may order that a warrant to arrest be issued against the person subject to the examination and testing order or public health order.

    (7)     A warrant issued for the purpose of subsection (6) may specify any conditions to which the warrant is subject.

    (8)     A person who is arrested or detained under this section must be informed at the time of the arrest or detention of the reason why the person is being arrested or detained.

Note

Section 183 provides that it is an offence to hinder or obstruct an authorised officer.



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