PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 227A Provisions relating to requests for assistance

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 227A

    (1)     A request for assistance under section 165BC , 192 or 202—

        (a)     may relate generally to the exercise of powers in relation to a particular pandemic or emergency, or in relation to the exercise of particular public health risk powers, emergency powers or pandemic management powers, and must be made by the Secretary if it relates generally to the exercise of powers; and

        (b)     need not be made on each occasion assistance is required in the exercise of such powers.

    (2)     A request for assistance under section 165BC, 192 or 202 that does not relate generally to the exercise of powers as mentioned in subsection (1) does not need to be made by the Secretary, but may be made by an authorised officer.

    (3)     A person to whom a request for assistance is made has and may exercise any powers that the person has and may exercise under any other law of Victoria, subject to any limitations that apply in relation to the exercise of the powers under the other law, unless the request is made of the person in a personal capacity.

    (4)     A person to whom a request for assistance is made —

        (a)     may provide assistance before, during or after the exercise of the powers in relation to which the request is made; and

        (b)     need not be in the physical presence of     an authorised officer when providing the assistance.

    (5)     Assistance that may be provided includes, but is not limited to, monitoring or ensuring compliance with a pandemic order or a direction given by the person who requested the assistance.

S. 227B inserted by No. 53/2021 s. 17.