QLDIn ForceAct
Public Health Act 2005
sec.27What enforcement order may require
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### sec.27 What enforcement order may require
The magistrate may make an enforcement order in the same terms as the public health order, or in other terms the magistrate considers appropriate.
Without limiting subsection (1) , the magistrate may order either—
that—
the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and
if the person fails to take the steps, the issuing authority may enter the place and take the steps; or
that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.
If the magistrate makes an order under subsection (2) (a) , the order must state—
the address of the place the steps are to be taken; and
the steps the person must take; and
the period within which the steps must be taken; and
that an authorised person—
may enter the place to check whether the steps under the order are being, or have been, taken; and
may use necessary and reasonable help and force to enter; and
the times and intervals for entry under paragraph (d) ; and
that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and
that for paragraph (f) , an employee or agent of the issuing authority—
may enter the place to take the steps under the order; and
may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
the times and intervals for entry under paragraph (g) ; and
who must pay the costs of taking the steps; and
that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.
If the magistrate makes an order under subsection (2) (b) , the order must state—
the address of the place where the steps are to be taken; and
the steps that may be taken at the place by the issuing authority; and
that an employee or agent of the issuing authority—
may enter the place to take the steps under the order; and
may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
the times and intervals for entry under paragraph (c) ; and
the day when the order ends; and
that an authorised person—
may enter the place to check whether the steps under the order are being, or have been, taken; and
may use necessary and reasonable help and force to enter; and
the times and intervals for entry under paragraph (f) ; and
who must pay the cost of taking the steps.
(sec.27-ssec.1) The magistrate may make an enforcement order in the same terms as the public health order, or in other terms the magistrate considers appropriate.
(sec.27-ssec.2) Without limiting subsection (1) , the magistrate may order either— that— the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and if the person fails to take the steps, the issuing authority may enter the place and take the steps; or that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.
(sec.27-ssec.3) If the magistrate makes an order under subsection (2) (a) , the order must state— the address of the place the steps are to be taken; and the steps the person must take; and the period within which the steps must be taken; and that an authorised person— may enter the place to check whether the steps under the order are being, or have been, taken; and may use necessary and reasonable help and force to enter; and the times and intervals for entry under paragraph (d) ; and that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and that for paragraph (f) , an employee or agent of the issuing authority— may enter the place to take the steps under the order; and may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and the times and intervals for entry under paragraph (g) ; and who must pay the costs of taking the steps; and that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.
(sec.27-ssec.4) If the magistrate makes an order under subsection (2) (b) , the order must state— the address of the place where the steps are to be taken; and the steps that may be taken at the place by the issuing authority; and that an employee or agent of the issuing authority— may enter the place to take the steps under the order; and may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and the times and intervals for entry under paragraph (c) ; and the day when the order ends; and that an authorised person— may enter the place to check whether the steps under the order are being, or have been, taken; and may use necessary and reasonable help and force to enter; and the times and intervals for entry under paragraph (f) ; and who must pay the cost of taking the steps.
- (a) that— (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or
- (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and
- (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or
- (b) that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.
- (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and
- (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or
- (a) the address of the place the steps are to be taken; and
- (b) the steps the person must take; and
- (c) the period within which the steps must be taken; and
- (d) that an authorised person— (i) may enter the place to check whether the steps under the order are being, or have been, taken; and (ii) may use necessary and reasonable help and force to enter; and
- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and
- (ii) may use necessary and reasonable help and force to enter; and
- (e) the times and intervals for entry under paragraph (d) ; and
- (f) that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and
- (g) that for paragraph (f) , an employee or agent of the issuing authority— (i) may enter the place to take the steps under the order; and (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
- (i) may enter the place to take the steps under the order; and
- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
- (h) the times and intervals for entry under paragraph (g) ; and
- (i) who must pay the costs of taking the steps; and
- (j) that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.
- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and
- (ii) may use necessary and reasonable help and force to enter; and
- (i) may enter the place to take the steps under the order; and
- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
- (a) the address of the place where the steps are to be taken; and
- (b) the steps that may be taken at the place by the issuing authority; and
- (c) that an employee or agent of the issuing authority— (i) may enter the place to take the steps under the order; and (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
- (i) may enter the place to take the steps under the order; and
- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
- (d) the times and intervals for entry under paragraph (c) ; and
- (e) the day when the order ends; and
- (f) that an authorised person— (i) may enter the place to check whether the steps under the order are being, or have been, taken; and (ii) may use necessary and reasonable help and force to enter; and
- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and
- (ii) may use necessary and reasonable help and force to enter; and
- (g) the times and intervals for entry under paragraph (f) ; and
- (h) who must pay the cost of taking the steps.
- (i) may enter the place to take the steps under the order; and
- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and
- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and
- (ii) may use necessary and reasonable help and force to enter; and