sec.129Making detention order

### sec.129 Making detention order A magistrate may make a detention order for a person if the magistrate is satisfied— the person has a controlled notifiable condition; and either of the following may constitute an immediate risk to public health— the person’s condition; the person’s condition and likely behaviour; and the person needs to be detained at a stated place for a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health. However, subsection (1) (d) does not apply if it is not practicable to counsel the person. (sec.129-ssec.1) A magistrate may make a detention order for a person if the magistrate is satisfied— the person has a controlled notifiable condition; and either of the following may constitute an immediate risk to public health— the person’s condition; the person’s condition and likely behaviour; and the person needs to be detained at a stated place for a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health. (sec.129-ssec.2) However, subsection (1) (d) does not apply if it is not practicable to counsel the person. - (a) the person has a controlled notifiable condition; and - (b) either of the following may constitute an immediate risk to public health— (i) the person’s condition; (ii) the person’s condition and likely behaviour; and - (i) the person’s condition; - (ii) the person’s condition and likely behaviour; and - (c) the person needs to be detained at a stated place for a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and - (d) the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health. - (i) the person’s condition; - (ii) the person’s condition and likely behaviour; and