Public Health Act 1997
73Abatement orders
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73 Abatement orders (1) The chief health officer may apply to the Magistrates Court for either of the following orders in relation to a person to whom an abatement notice has been issued: (a) an order that the person— (i) comply with the notice; and (ii) undertake stated action, or cease or refrain from undertaking stated action, to prevent any recurrence of the insanitary condition; (b) if the insanitary condition has been removed but is likely to recur—an order that the person undertake stated action, or cease or refrain from undertaking stated action, to prevent any recurrence of the insanitary condition. the alleged insanitary condition.
relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the abatement notice was issued: (a) that the person comply with the notice within a period specified in the order; (b) that in order to prevent the recurrence of the insanitary condition, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period (i) for an individual (other than a utility)—$5 000; or (ii) for a corporation (other than a utility)—$25 000; or (iii) for a utility who is an individual—$100 000; or (iv) for a utility that is a corporation—$500 000. (b), an authorised officer may, after the expiration of the compliance period specified in the order, using such reasonable force and do whatever is necessary to implement the order.
(6) Subsection (7) applies if— (a) an order is made under subsection (3) (a) or (b) in relation to a person to whom an abatement notice was issued; and (b) within 12 months after the order was made, the insanitary condition recurs. (7) The chief health officer may apply under subsection (1) for another order in relation to the person. (8) Any costs or expenses incurred by the Territory in implementing, or (9) The Magistrates Court may revoke an order under subsection (3) (a)