36Enforcement of public health order

36 Enforcement of public health order (1) The CHO may apply to the Local Court for an order under subsection (2) if a person issued with a public health order fails to comply with the order within: (a) the period for compliance with the order; or (b) if the period for compliance is extended under section 37 – the extended period for compliance. (2) If the Court is satisfied the person has failed to comply with the public health order, the Court may order the person to remedy the failure by: (a) taking particular action; or (b) stopping engaging in particular conduct; or (c) doing anything else the Court considers necessary. (3) In considering the application, the Court may call for and consider any relevant report on the matter. (4) In addition to making an order under subsection (2), the Court may: (a) order the person to pay to the Territory a civil penalty of up to 500 penalty units; and (b) make other orders (including as to costs) the Court considers just. (5) The Court may make an order under subsection (4)(a) whether or not the person has been prosecuted for or found guilty of an offence against section 34.

Public and Environmental Health Act 2011 21