QLDIn ForceAct
Public Health Act 2005
sec.345Emergency powers
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### sec.345 Emergency powers
An emergency officer responding to a declared public health emergency may do any of the following the emergency officer reasonably believes is necessary to respond to the declared public health emergency—
require a person not to enter or not to remain within a place;
require a person to stop using a place for a stated purpose;
require a person to go to a stated place;
require a person to stay at or in a stated place;
require a person to take measures to remove from the person a substance that is a hazard to human health, for example, by showering;
direct the movement of a person, animal or a vehicle into, out of, or around the public health emergency area;
require a person to state the person’s name and residential address;
require a person to answer questions by the emergency officer;
clean or disinfect a place, structure or thing;
carry out insect or pest control;
demolish stated structures or other property;
contain an animal, substance or thing within the public health emergency area;
remove an animal, substance or thing from a place;
destroy animals at a place or remove animals from a place for destruction at another place;
dispose of an animal, substance or thing at a place, for example, by burying the animal, substance or thing;
take action in relation to property including, for example, to allow the officer to take control of a building for the purposes of the emergency;
require a person to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (i) to (p) .
However, an emergency officer may exercise a power under subsection (1) (k) or (n) only with the written approval of the chief executive.
If a person fails to comply with a requirement or direction under subsection (1) (a) to (f) , an emergency officer may, with necessary and reasonable help and force, take action to enforce the requirement or direction.
For subsection (1) (g) , the emergency officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.
When making a requirement or direction mentioned in subsection (1) or (4) , the emergency officer must—
warn the person it is an offence to fail to comply with the requirement or direction, unless the person has a reasonable excuse; and
tell the person of the effect of section 346 (2) .
(sec.345-ssec.1) An emergency officer responding to a declared public health emergency may do any of the following the emergency officer reasonably believes is necessary to respond to the declared public health emergency— require a person not to enter or not to remain within a place; require a person to stop using a place for a stated purpose; require a person to go to a stated place; require a person to stay at or in a stated place; require a person to take measures to remove from the person a substance that is a hazard to human health, for example, by showering; direct the movement of a person, animal or a vehicle into, out of, or around the public health emergency area; require a person to state the person’s name and residential address; require a person to answer questions by the emergency officer; clean or disinfect a place, structure or thing; carry out insect or pest control; demolish stated structures or other property; contain an animal, substance or thing within the public health emergency area; remove an animal, substance or thing from a place; destroy animals at a place or remove animals from a place for destruction at another place; dispose of an animal, substance or thing at a place, for example, by burying the animal, substance or thing; take action in relation to property including, for example, to allow the officer to take control of a building for the purposes of the emergency; require a person to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (i) to (p) .
(sec.345-ssec.2) However, an emergency officer may exercise a power under subsection (1) (k) or (n) only with the written approval of the chief executive.
(sec.345-ssec.3) If a person fails to comply with a requirement or direction under subsection (1) (a) to (f) , an emergency officer may, with necessary and reasonable help and force, take action to enforce the requirement or direction.
(sec.345-ssec.4) For subsection (1) (g) , the emergency officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.
(sec.345-ssec.5) When making a requirement or direction mentioned in subsection (1) or (4) , the emergency officer must— warn the person it is an offence to fail to comply with the requirement or direction, unless the person has a reasonable excuse; and tell the person of the effect of section 346 (2) .
- (a) require a person not to enter or not to remain within a place;
- (b) require a person to stop using a place for a stated purpose;
- (c) require a person to go to a stated place;
- (d) require a person to stay at or in a stated place;
- (e) require a person to take measures to remove from the person a substance that is a hazard to human health, for example, by showering;
- (f) direct the movement of a person, animal or a vehicle into, out of, or around the public health emergency area;
- (g) require a person to state the person’s name and residential address;
- (h) require a person to answer questions by the emergency officer;
- (i) clean or disinfect a place, structure or thing;
- (j) carry out insect or pest control;
- (k) demolish stated structures or other property;
- (l) contain an animal, substance or thing within the public health emergency area;
- (m) remove an animal, substance or thing from a place;
- (n) destroy animals at a place or remove animals from a place for destruction at another place;
- (o) dispose of an animal, substance or thing at a place, for example, by burying the animal, substance or thing;
- (p) take action in relation to property including, for example, to allow the officer to take control of a building for the purposes of the emergency;
- (q) require a person to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (i) to (p) .
- (a) warn the person it is an offence to fail to comply with the requirement or direction, unless the person has a reasonable excuse; and
- (b) tell the person of the effect of section 346 (2) .