Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 188

Chief Health Officer may direct a person to provide information

    (1)     The Chief Health Officer may direct a person to provide information specified in the direction to the Chief Health Officer which the Chief Health Officer believes is necessary to investigate whether there is a risk to public health or to manage or control a risk to public health.

Note

See section 227.

    (2)     A person must not refuse or fail to comply with a direction given to the person under subsection (1).

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (3)     A person is not guilty of an offence against subsection (1) if the person had a reasonable excuse for refusing or failing to comply with the direction.

    (4)     Before directing a person to provide information, the Chief Health Officer must—

        (a)     warn the person that a refusal or failure to comply with the direction, without reasonable excuse, is an offence; and

        (b)     inform the person that they may refuse or fail to provide any information if providing the information would tend to incriminate them.

Notes

1     This section does not affect the privilege against self‑incrimination. See section 212.

2     Section 167 empowers an authorised officer to request information.



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