Public Health Act 1997

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

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 risk to public health.

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, if satisfied that the action or inaction of the person to whom the prohibition notice was issued has given rise to a serious and imminent risk to public health, the court may make any of the following orders in relation to the person:

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

that in order to prevent or alleviate the relevant public health risk, the person comply with any specified requirement in addition to any specified in the notice 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 an individual (other than a utility)—$10 000; or

for a corporation (other than a utility)—$50 000; or

for a utility who is an individual—$200 000; or

for a utility that is a corporation—$1 000 000.

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

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

Maximum penalty:

for a person who is not a utility—100 penalty units, imprisonment for 1 year or both; or

for a utility—2 000 penalty units, imprisonment for 1 year or both.

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.

Part 3A Supply of syringes

Division 3A.1 Supplying syringes to approved people