New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 6

6 Disinfection or destruction of articles

(1) This section applies to an article that:

(a) has been in contact with a person suffering from an infectious disease that is transmissible by contact with the article, or

(b) is verminous, or

(c) is likely to be verminous, or dangerous, or prejudicial to health, because it has been used by a person infested with vermin.

(2) If the Director-General:

(a) has reasonable grounds for suspecting that there is on any premises an article to which this section applies, and

(b) by written order authorises a person to enter the premises and take action under this section,

the person may enter the premises, seize any article found there that might reasonably be suspected of being an article to which this section applies and there or elsewhere disinfect or destroy it.

(3) Section 72 (Powers of entry) applies in relation to the powers of entry conferred by this section.

(4) A person (other than a public authority) who, without reasonable excuse:

(a) transfers possession of an article to another person, or

(b) exposes an article to another person, or

(c) removes an article,

knowing it to be an article to which this section applies is guilty of an offence.

Maximum penalty: 50 penalty units or imprisonment for 6 months.

(5) A public authority has a duty to avoid doing anything that, if done by a person other than a public authority, would be an offence under this section.

(6) A person who suffers damage as a result of the disinfection or destruction of an article under this section is entitled to reasonable compensation unless the condition of the article that necessitated its disinfection or destruction was attributable to an act or default of the person.

(7) Compensation under this section is payable out of money provided by Parliament.