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PUBLIC HEALTH ACT 1997 - SECT 16A Warrant may be issued if person fails to comply with direction under section 16

PUBLIC HEALTH ACT 1997 - SECT 16A

Warrant may be issued if person fails to comply with direction under section 16

(1)  The Director may apply to a magistrate for the issue under this section of a warrant in relation to a person, if –
(a) the person has failed to comply with a direction of the Director given under section 16 ; and
(b) in the opinion of the Director, it is necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the direction to be complied with.
(2)  A magistrate may, on the application of the Director, issue a warrant –
(a) authorising the apprehension, by –
(i) a person authorised by the Director to execute the warrant; or
(ii) a police officer –
of a person who is specified in the warrant (the specified person ); and
(b) authorising the entry of any premises by a person referred to in paragraph (a)(i) or (ii) , if the person believes on reasonable grounds that the specified person is in the premises; and
(c) authorising the specified person to be detained, isolated, or quarantined, until the specified person may be brought before a magistrate.
(3)  A magistrate may only issue a warrant under subsection (2) in relation to a specified person if the magistrate is satisfied that –
(a) the specified person has failed to comply with a direction of the Director given under section 16 ; and
(b) in the opinion of the Director, it is necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the direction to be complied with.
(4)  The Director may apply under subsection (1) for a warrant by telephone if the Director is of the opinion that the situation is an emergency.