New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 10

10 Direction to exercise statutory function

(1) If the Minister considers, on reasonable grounds:

(a) that a public authority has failed to exercise a function conferred or imposed on it (other than a power to make regulations or by-laws), and

(b) that the failure is likely to endanger the health of the public,

the Minister may, by written notice to the public authority, require it to exercise the function within a time stated in the notice.

(2) If a notice given under this section is not complied with, the Minister may exercise the function to which the notice relates and:

(a) unless the public authority represents the Crown-recover, as a debt owed by the public authority to the Crown, an amount equal to the cost of exercising the function, or

(b) if the public authority represents the Crown-require the public authority to pay to the Department of Health an amount equal to the cost of exercising the function.