PUBLIC HEALTH (CONSEQUENTIAL PROVISIONS) ACT 2016 (NO. 19 OF 2016) - SECT 8

PUBLIC HEALTH (CONSEQUENTIAL PROVISIONS) ACT 2016 (NO. 19 OF 2016) - SECT 8

8 .         Section 12 replaced

                Delete section 12 and insert:

12.         Powers of Chief Health Officer and authorised officers

        (1)         The Chief Health Officer, and any authorised officer acting with the Chief Health Officer’s authority, has all the powers of an authorised officer of a local government, and may exercise those powers in any part of the State, and the Chief Health Officer has all the rights and powers that the local government would have in case its authorised officer exercised the power, or to enable its authorised officer to exercise the power.

        (2)         Any provision of this Act conferring any power on an authorised officer of a local government, or relating to or connected with the exercise or intended exercise, or the consequences of the exercise of any power by an authorised officer of a local government, are to be construed and have effect for the purposes of this section as if —

            (a)         the references in the provision to an authorised officer of the local government extended to the Chief Health Officer or any authorised officer acting with the Chief Health Officer’s authority; and

            (b)         all references in the provision to a local government extended to the Chief Health Officer.

13A.         CEO and Chief Health Officer may delegate

        (1)         In this section —

        departmental officer  —

            (a)         means a public service officer employed in the Department; and

            (b)         includes a public service officer appointed for the purposes of, or to assist in the administration of, an Act to which the Health Legislation Administration Act 1984 applies under section 4 of that Act;

        employed in the Department includes seconded to perform functions or services for, or duties in the service of, the Department.

        (2)         The CEO may delegate to a departmental officer all or any of the functions that the CEO has under this Act, other than this power of delegation.

        (3)         The Chief Health Officer may delegate to a departmental officer all or any of the functions that the Chief Health Officer has under this Act, other than this power of delegation.

        (4)         A delegation made under subsection (2) or (3) may expressly authorise the delegate to further delegate the function to another person.

        (5)         A delegation or subdelegation made under this section must be in writing and signed by the delegator.

        (6)         A person performing a function that has been delegated to the person under, or as authorised under, this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

        (7)         Nothing in this section limits the ability of the CEO or the Chief Health Officer to act through an officer or agent.