Public Health Act 2005

Subsection (3) applies if the chief executive—

is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13(1); and

is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and

is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.

For subsection (1)(a), the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk—

the potential consequences for the health of individuals;

the number of persons likely to be exposed to the risk.

The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.

For subsections (1), (2) and (3), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons.

An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1)(b).