73Action following arrest or surrender

#### 73 Action following arrest or surrender 73 Action following arrest or surrender (cf 1991 Act, s 30) > > (1) If a person in respect of whom an authorised medical practitioner has issued a certificate under section 71(1) for an alleged contravention of a public health order is brought or otherwise appears before the Civil and Administrative Tribunal, the Tribunal is to conduct an inquiry into the allegation. > > > (2) Following its inquiry, the Civil and Administrative Tribunal— > > > > > (a) may confirm the order, or > > > > > (b) may vary the order and confirm it as varied, or > > > > > (c) may caution the person and take no further action in the matter. > > > (3) The Civil and Administrative Tribunal’s power to vary a public health order under this section is a power— > > > > > (a) to omit a requirement from the order, or > > > > > (b) to include in the order a requirement that could have been included in the order when it was made, or > > > > > (c) to substitute a requirement that could have been included in the order when it was made for any one or more of the requirements already included in the order. > > > (4) A person may be dealt with under this section for an alleged contravention of a public health order whether or not the person has been charged with an offence in relation to the same contravention. > > **s 73:** Am 2013 No 95, Sch 2.121 \[14\].