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PUBLIC HEALTH ACT 1997 - SECT 16C Orders of magistrate

PUBLIC HEALTH ACT 1997 - SECT 16C

Orders of magistrate

(1)  A magistrate may take one or more of the following actions in relation to a person who is apprehended under a warrant issued under section 16A and brought before the magistrate:
(a) order the person to comply with a direction of the Director given to the person under section 16 ;
(b) by order, vary any direction of the Director, if the direction as so varied could have been given by the Director under section 16 ;
(c) order the person –
(i) to comply with a requirement, determined by the magistrate and specified in the order, that the Director could have imposed on the person in a direction given under section 16 or section 42 ; and
(ii) to continue to comply with the requirement either until the requirement has been satisfied or the Director gives a declaration under subsection (4) in relation to the order;
(d) order that a clinical assessment of the person be carried out;
(e) order that the person be placed and remain in quarantine, or isolation, for a period that is to end when the Director gives a declaration under subsection (4) in relation to the order.
(2)  A magistrate may only make an order under subsection (1) if he or she is of the opinion that it is necessary to do so for the purposes of managing a threat to public health or a likely threat to public health.
(3)  A magistrate before whom a person apprehended under a warrant issued under section 16A is brought may, by order, revoke a direction given to the person under section 16 , if the magistrate is of the opinion that it is not 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, by notice to a person to whom an order made under subsection (1)(c) or (e) relates, declare that the Director is of the opinion that it is no longer necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the order to continue in force .
(5)  An order under this section that requires a person to comply with a direction given under section 16 is revoked, or ceases to be in force, as soon as the direction is revoked, or ceases to be in force, under that section.
(6)  An order under subsection (1)(c) or (e) ceases to be in force as soon as the requirement is satisfied or the Director issues a notice under subsection (4) .
(7)  A person to whom an order under this section relates, or the Director, may appeal to the Supreme Court against the making of the order.