QLDIn ForceAct
Public Health Act 2005
sec.117Deciding application in person’s absence
Start here
Get a plain-English read of sec.117
Turn the raw legal text into a practical explanation grounded in Public Health Act 2005.
### sec.117 Deciding application in person’s absence
A magistrate may decide an application for a controlled notifiable conditions order in the absence of the person for whom the order is sought if the magistrate—
considers the person’s presence may be an immediate risk to public health; or
is satisfied the person can not be located; or
is satisfied there is another reason that makes this necessary.
Without limiting subsection (1) , a magistrate may decide that representations, if any, for the person must be made through someone acting for the person.
(sec.117-ssec.1) A magistrate may decide an application for a controlled notifiable conditions order in the absence of the person for whom the order is sought if the magistrate— considers the person’s presence may be an immediate risk to public health; or is satisfied the person can not be located; or is satisfied there is another reason that makes this necessary.
(sec.117-ssec.2) Without limiting subsection (1) , a magistrate may decide that representations, if any, for the person must be made through someone acting for the person.
- (a) considers the person’s presence may be an immediate risk to public health; or
- (b) is satisfied the person can not be located; or
- (c) is satisfied there is another reason that makes this necessary.