PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 - SECT 30 Compliance with public health notice

PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 - SECT 30

    (1)     A person commits an offence if:

        (a)     a public health notice is issued to the person; and

        (b)     the person engages in conduct that results in a contravention of the notice.

Fault elements:

The person:

        (a)     intentionally engages in the conduct; and

        (b)     is reckless as to whether the conduct would result in a contravention of the notice.

Maximum penalty:     400 penalty units.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse.

    (3)     To avoid doubt, a person does not commit an offence against subsection (1) merely because the person does not take the action recommended by the CHO.