South Australian Consolidated Acts

PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 36

36—Action to prevent the spread of infection

        (1)         Where there is danger to public health from the possible spread of a notifiable disease, the Chief Executive or an authorised officer authorised by the Chief Executive for the purposes of this section may give directions and take such action as may be appropriate to avert that danger.

        (2)         Without limiting the generality of subsection (1), the Chief Executive or authorised officer may—

            (a)         direct that any premises, vehicle or article be cleansed or disinfected;

            (b)         direct the destruction of any article, substance or food;

            (c)         seize any vehicle, article, substance or food;

            (d)         impose areas of quarantine or close premises;

            (e)         restrict movement into and out of any place or premises;

            (f)         take such other action as may be prescribed.

        (3)         A person who is given a direction under subsection (1) or (2) shall not, without reasonable excuse, fail to comply with the direction.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

        (4)         For the purpose of exercising a power under subsection (1) or (2), an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

        (5)         Where a person fails to take action in accordance with a direction, the Chief Executive or an authorised officer may take that action or cause it to be taken.

        (6)         The Crown may recover as a debt costs and expenses reasonably incurred in exercising powers under subsection (5) from the person who failed to take the required action.

        (7)         For the purpose of exercising any power under this section, a person authorised to do so by the Chief Executive may enter premises at any reasonable time, but shall not break into the premises unless authorised to do so by warrant of a justice.

        (8)         A justice may issue a warrant under subsection (7) if satisfied, by affidavit or other sworn evidence, that the warrant is reasonably required in the circumstances of the case.

        (9)         Where the Chief Executive informs a local council of the occurrence of a notifiable disease in its area that constitutes a threat to public health, the local council must take such action as is reasonably open to the local council to assist in preventing the spread of that disease.