Public Health Act 1997

The chief health officer may apply to the Magistrates Court for an order that a person to whom a public health direction has been issued comply with the direction.

For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged public health hazard.

On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the public health direction was issued:

that the person comply with the direction within a period (if any) specified in the order;

that in order to prevent or alleviate the relevant public health hazard, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period (if any) specified in the order;

an order that the person pay the Territory an amount equal to no more than—

for a person (other than a utility)—$5 000; or

for a corporation (other than a utility)—$25 000; or

for a utility who is an individual—$100 000; or

for a utility that is a corporation—$500 000.

an order giving directions about the payment of all or any of the costs and expenses of the application.

A person must comply with an order under subsection (3) (a) or (b).

for a person who is not a utility—100 penalty units; or

for a utility—2 000 penalty units.

For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order—

after the expiration of any compliance period specified in the order; or

if no such period is specified—after the expiration of a period the officer has reasonable grounds for considering sufficient for compliance with any positive direction in the order, and in the interests of public health.

Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued.

The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied—

that the order has been complied with; and

that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order.