Public and Environmental Health Act 2011
53Appointment and powers of authorised officer during public
Start here
Get a plain-English read of 53
Turn the raw legal text into a practical explanation grounded in Public and Environmental Health Act 2011.
53 Appointment and powers of authorised officer during public health emergency (1) While an emergency declaration is in force, the CHO may: (a) appoint authorised officers for the sole purpose of assisting the CHO in exercising the CHO's powers under this Division; and (b) direct an authorised officer mentioned in paragraph (a) or another authorised officer to assist the CHO in exercising the CHO's powers under this Division. (2) An authorised officer assisting the CHO may use the force that is necessary and reasonable to do any of the following: (a) enter a place to: (i) save human life; or (ii) prevent injury to a person; or (iii) rescue an injured or endangered person; (b) prevent entry into or close off an area or place; (c) remove a person from an area or place; (d) search for and seize a thing; (e) search for, examine, copy, remove, and retain documents relating to the public health emergency for so long as is reasonably necessary to take notes or extracts from, or take photographs or make copies of, the documents. (3) An authorised officer taking action to assist the CHO: (a) may take the action at any time of the day; and
Public and Environmental Health Act 2011 30 (b) is not required to give notice to any person of the officer's intention to take the action; and (c) is not required to obtain consent to take the action from any person concerned or the owner or occupier of any area or place concerned; and (d) is not required to hold a warrant or another form of authorisation required under a law in force in the Territory to: (i) enter and remain at any place (including Aboriginal land) concerned; or (ii) search any person or place concerned.