New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 30

30 Action following apprehension or surrender

(1) If a person alleged to have contravened a public health order:

(a) is apprehended and brought before the appropriate reviewer, or

(b) appears voluntarily before the appropriate reviewer,

the reviewer is to inquire into the allegation.

(2) If, after inquiry, the appropriate reviewer is not satisfied that the person has contravened a public health order, it is to order that the person be discharged.

(3) If, after inquiry, the appropriate reviewer is satisfied that a person has contravened a public health order, it may confirm the public health order or:

(a) vary the public health order by adding a requirement, direction or other provision that could have been included in the order when made, or

(b) vary the public health order by substituting any such requirement, direction or other provision for any one or more of them already included in the order, or

(c) caution the person and take no further action in the matter.

(4) A person may be dealt with under this section in respect of an alleged contravention of a public health order whether or not the person has been charged under section 28 for an offence in relation to the same contravention.