PUBLIC HEALTH ACT 2010 - SECT 12 Power to direct disinfection or destruction of noxious articles

PUBLIC HEALTH ACT 2010 - SECT 12

12 Power to direct disinfection or destruction of noxious articles

(cf 1991 Act, s 6)

(1) If the Secretary suspects that there is a noxious article on any premises, the Secretary may, by order in writing, authorise any person to enter the premises, seize anything that appears to be a noxious article and, there or elsewhere, disinfect or destroy it.

(2) A person (other than a public authority) must not--

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

(b) expose an article to another person, or

(c) remove an article from any premises the subject of an order under subsection (1),

if the person knows it to be a noxious article.

: Maximum penalty--100 penalty units, or imprisonment for 6 months, or both.

(3) 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.

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

(5) Any such compensation is payable out of money to be provided by Parliament.

(6) In this section,
"noxious article" means any article or animal that--

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

(b) is or is likely to be infested with vermin, or

(c) is or is likely to be a risk to health as a result of its having been in contact with any article, person or animal that is infested with vermin.