5Circumstances in which certain notices may be issued

5 Circumstances in which certain notices may be issued

(1)  A notice under this Act, other than –

(a) a notice under section 22 or section 23 ; or

(b) a notice under section 27 ; or

(c) a notice revoking another notice under this Act –

may only be issued by a Minister if he or she is of the opinion that the relevant emergency circumstances exist in relation to the notice.

(2)  For the purposes of this section, the relevant emergency circumstances exist in relation to the notice if the Ministerissuing the notice is satisfied that it is necessary or desirable to issue the notice because of –

(a) the presence of the disease in persons in the State; or

(b) the risk of the contraction of the disease by persons in the State; or

(c) a restriction on the movement of persons that is imposed, by or under a relevant legislative instrument, because of the presence of the disease or the risk of the spread of the disease amongst persons in the State; or

(d) a reduction, in the numbers of persons available to carry out particular activities, relating to a relevant legislative instrument to which the notice relates, because of –

(i) the presence of the disease in persons in the State; or

(ii) the risk of the spread of the disease amongst persons in the State; or

(iii) circumstances related to the matters referred to in subparagraph (i) or (ii) ; or

(e) the desirability of ensuring the supply of goods or services, the supply of which may be hindered because of a circumstance referred to in another paragraph of this subsection.

(3)  A notice under section 22 or section 23 , other than a notice revoking another notice under either section, may only be issued by the Treasurer or the Minister, respectively, if he or she is of the opinion that the economic effects of the relevant emergency circumstances are such that it is necessary or desirable to issue the notice.