190Public health risk powers

190 Public health risk powers (1) The public health risk powers are— (a) close any premises for the period of time reasonably necessary to investigate, eliminate or reduce the risk to public health; (b) subject to subsection (5), direct a person or group of persons to enter, not to enter, to remain at, or to leave, any particular premises for the period of time reasonably necessary to investigate, eliminate or reduce the risk to public health; (c) subject to subsection (7), without a warrant, enter any premises and search for and seize any thing that is necessary for the purpose of investigating, eliminating or reducing the risk to public health; (d) require the provision of any information needed to investigate, eliminate or reduce the risk to public health; (e) require a person to provide their name and address for the purpose of investigating, eliminating or reducing the risk to public health; (f) inspect any premises where the risk to public health may be spread if it is necessary for the purpose of investigating, eliminating or reducing the risk to public health; (g) require the cleaning or disinfection of any premises where the risk to public health may arise if it is necessary to do so to eliminate or reduce the risk to public health; (h) require the destruction or disposal of any thing the destruction or disposal of which is necessary to eliminate or reduce the risk to public health; (i) direct the owner or occupier of any premises to take any action necessary to eliminate or reduce the risk to public health; (j) direct any other person to take any other action that the authorised officer considers is necessary to eliminate or reduce the risk to public health; (k) exercise any of the general enforcement powers conferred on an authorised officer by this Act or the regulations. (2) Before exercising any public health risk power under this section, an authorised officer must , unless it is not practicable to do so, warn the person that a refusal or failure to comply without a reasonable excuse, is an offence. S. 190(3) amended by No. 29/2011 s. 3(Sch. 1 item 75.2). (3) Unless subsection (4) applies, before exercising a public health risk power, an authorised officer must briefly explain to any person who is to be subject to the exercise of the power the reason why it is necessary to exercise the power. (4) An authorised officer is not required to comply with subsection (3) if it is not practicable to do so in the particular circumstances in which the public health risk power is to be exercised. (5) A direction under subsection (1)(b) to remain at any particular premises must specify the period of time, not exceeding 4 hours, during which the direction must be complied with. (6) A direction under subsection (1)(b) to remain at any particular premises may be extended as many times as is reasonably necessary for the purpose of investigating, eliminating or reducing the risk to public health but so as not to exceed a continuous period of 12 hours. (7) An authorised officer may only exercise the power specified in subsection (1)(c) if— (a) the authorised officer reasonably believes that there may be an immediate risk to public health; and (b) the entry is necessary to enable the authorised officer to investigate, eliminate or reduce the risk. (8) Before requiring the provision of any information under subsection (1)(d), an authorised officer must inform the person that they may refuse or fail to provide the information if providing the information would tend to incriminate them. 1 This section does not affect the privilege against self-incrimination. See section 212. 2 See Part 9 for provisions relating to the exercise of powers by authorised officers. 191 How may an authorisation be given? (1) An authorisation to exercise any of the public health risk powers for the purposes of section 189 may be given orally or in writing. (2) If the authorisation is given orally, it must be confirmed in writing as soon as reasonably practicable. (a) state that the authorisation is given under this Division; (b) generally describe the risk to public health to which it relates; (c) if the risk to public health has occurred, name or describe the place at which the risk to public health has occurred; (d) specify the time at which the authorisation is given; (e) specify any restrictions or limitations subject to which the public health risk powers may be exercised under the authorisation; (f) specify the period of time for which the authorisation continues in force. (4) The Chief Health Officer may extend the period of time for which an authorisation continues in force before the authorisation expires.