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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165B Pandemic management order powers

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165B

Pandemic management order powers

    (1)     The pandemic management order powers are as follows—

        (a)     to take any action or give any direction, other than to detain a person, that the authorised officer believes is reasonably necessary to implement or give effect to     a pandemic order;

        (b)     to detain a person in a pandemic management area in accordance with a pandemic order that requires the detention of the person (including a pandemic order that requires that the detention of a person be extended).

Note

A pandemic order can require that a person be detained or that the detention of a person be extended: see section 165AI(2)(a) and (b). Special protections apply to detention under this Part, including the right of a detained person to apply for review by a Detention Appeals Officer of the detention: see Division 6.

    (2)     Without limiting subsection (1)(a), an authorised officer may give a direction in the exercise of a pandemic management order power under that subsection that requires a person to take, or refrain from taking, any action that authorised officer believes is reasonably necessary to ensure compliance, or limit non-compliance, by the person with     a pandemic order.

Note

A pandemic order that applies generally to all persons or to a person included in a specified class can be made by the Minister, see section 165AK(1).

    (3)             An authorised officer may detain more than one person in a single exercise of a pandemic management order power under subsection (1)(b), if the detention of the persons is in accordance with a pandemic order.

S. 165BA inserted by No. 53/2021 s. 12.