197H

Exception to compliance with certain inspection requirements when an emergency declaration is in force

In force

(1)

A person or body is not required to make a document available in person under section 4H(2), 41(2), 46E(4), 46V(4) or 46ZF(4) in accordance with the requirements set out in section 197B if, at the time a request to inspect the document is made—

(a)

there is an emergency declaration in force; and

(b)

it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.

(2)

A person or body is not required to make a document or register available on request in accordance with the requirements set out in section 197D if, at the time a request to inspect a document or register is made—

(a)

there is an emergency declaration in force; and

(b)

(3)

In this section—

S. 197H(3) def. of emergency declaration amended by No. 53/2021 s. 32.

emergency declaration means—

(a)

a declaration of a state of disaster under section 23 of the Emergency Management Act 1986; or

(ab)

a pandemic declaration under section 165AB of the Public Health and Wellbeing Act 2008; or

(b)

a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008.

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