QLDIn ForceAct
Public Health Act 2005
sec.33Recipient may apply for contribution
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### sec.33 Recipient may apply for contribution
This section applies if the recipient of a public health order has complied with the order and considers another person (the third party ) is wholly or partly responsible for the public health risk the subject of the order.
The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order ).
The application must—
be sworn; and
state the grounds on which the application is made; and
state the name of the third party; and
state the amount sought from the third party; and
be accompanied by a copy of the public health order.
The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
The magistrate may require additional information supporting the application be given by statutory declaration.
(sec.33-ssec.1) This section applies if the recipient of a public health order has complied with the order and considers another person (the third party ) is wholly or partly responsible for the public health risk the subject of the order.
(sec.33-ssec.2) The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order ).
(sec.33-ssec.3) The application must— be sworn; and state the grounds on which the application is made; and state the name of the third party; and state the amount sought from the third party; and be accompanied by a copy of the public health order.
(sec.33-ssec.4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.
- (a) be sworn; and
- (b) state the grounds on which the application is made; and
- (c) state the name of the third party; and
- (d) state the amount sought from the third party; and
- (e) be accompanied by a copy of the public health order.