Australian Capital Territory Consolidated Acts

PUBLIC HEALTH ACT 1997 - SECT 61

    (1)     This section applies where an authorised officer has reasonable grounds for believing that imminent serious risk to public health is being caused by, or is likely to be caused by—

        (a)     the manner in which a public health risk activity is being carried on, or a public health risk procedure is being performed; or

        (b)     the use being made of premises on which a public health risk activity is carried on; or

        (c)     the state or condition of premises on which a public health risk activity is carried on.

    (2)     Where this section applies to a public health risk activity or a public health risk procedure, the authorised officer may issue a prohibition notice to the person carrying on the activity or performing the procedure.

Note     For how documents may be served, see Legislation Act, pt 19.5.

    (3)     If the person carrying on a public health risk activity, or performing a public health risk procedure, to which a prohibition notice relates is not in charge of the premises where that activity or procedure is carried on or performed, the authorised officer shall give a copy of a notice under subsection (2) to the person in charge of those premises.

    (4)     A prohibition notice may prohibit the person to whom it is issued from undertaking, or permitting, any or all of the following actions in relation to a public health risk activity or a public health risk procedure:

        (a)     the carrying on of the activity or the performance of the procedure;

        (b)     the carrying on of the activity or the performance of the procedure except in accordance with specified directions;

        (c)     the use of specified premises for the activity or procedure.

    (5)     Without limiting the generality of subsection (4), a prohibition notice may include any or all of the following directions in relation to a public health risk activity or a public health risk procedure:

        (a)     directions that the activity or procedure, or a specified aspect of the activity or procedure, is only to be carried on or performed in a part of specified premises (or is not to be carried on or performed in a part of such premises);

        (b)     directions that any substance, compound or article is, or is not, to be used in connection with the activity or procedure;

        (c)     directions that the activity or procedure be carried on or performed in a specified manner;

        (d)     directions for the impounding or isolation of any appliance;

        (e)     directions for the destruction or disposal, in a manner specified in the notice, of any appliance;

        (f)     directions specifying a period within which the person to whom the notice is given is to comply with any direction.

    (6)     A prohibition notice continues in force until revoked in accordance with section 65.