QLDIn ForceAct
Public Health Act 2005
sec.15Action by the State if local government does not administer and enforce this Act
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### sec.15 Action by the State if local government does not administer and enforce this Act
Subsection (3) applies if the chief executive—
is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and
is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and
is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.
For subsection (1) (a) , the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk—
the potential consequences for the health of individuals;
the number of persons likely to be exposed to the risk.
The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.
For subsections (1) , (2) and (3) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.
An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1) (b) .
(sec.15-ssec.1) Subsection (3) applies if the chief executive— is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.
(sec.15-ssec.2) For subsection (1) (a) , the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk— the potential consequences for the health of individuals; the number of persons likely to be exposed to the risk.
(sec.15-ssec.3) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.
(sec.15-ssec.4) For subsections (1) , (2) and (3) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.
(sec.15-ssec.5) An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1) (b) .
- (a) is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and
- (b) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and
- (c) is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.
- (a) the potential consequences for the health of individuals;
- (b) the number of persons likely to be exposed to the risk.