QLDIn ForceAct
Public Health Act 2005
sec.357Consideration of application
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### sec.357 Consideration of application
The magistrate—
must decide the application as quickly as possible; and
must consider any representations made by the person representing the person detained; and
may make the orders the magistrate considers appropriate for deciding the application; and
an order adjourning the application until the emergency officer (medical) gives the magistrate additional information
may extend, or refuse to extend, the detention order.
However, the magistrate may extend the detention order only if satisfied it is reasonably necessary to effectively respond to the declared public health emergency.
If the magistrate does not decide the application before the end of the detention order, the detention order continues until the application is finally decided.
(sec.357-ssec.1) The magistrate— must decide the application as quickly as possible; and must consider any representations made by the person representing the person detained; and may make the orders the magistrate considers appropriate for deciding the application; and an order adjourning the application until the emergency officer (medical) gives the magistrate additional information may extend, or refuse to extend, the detention order.
(sec.357-ssec.2) However, the magistrate may extend the detention order only if satisfied it is reasonably necessary to effectively respond to the declared public health emergency.
(sec.357-ssec.3) If the magistrate does not decide the application before the end of the detention order, the detention order continues until the application is finally decided.
- (a) must decide the application as quickly as possible; and
- (b) must consider any representations made by the person representing the person detained; and
- (c) may make the orders the magistrate considers appropriate for deciding the application; and Example of order— an order adjourning the application until the emergency officer (medical) gives the magistrate additional information
- (d) may extend, or refuse to extend, the detention order.