Recognition of interstate public health orders
129 Recognition of interstate public health orders
In this section —
corresponding law means a provision of a law of another State, a Territory or the Commonwealth that is prescribed by the regulations to be a corresponding law for the purposes of this section;
order includes a notice, requirement or direction.
This section applies if —
a person is subject to an order under a corresponding law; and
the terms of the order provide for matters that could be the subject (wholly or substantially) of a public health order under this Division; and
the person enters this State.
If this section applies, the order to which the person is subject operates in this State, in accordance with this section, as if it were a public health order made under this Division, but with the following modifications —
the order has the terms set out in the order or applying to it under the law of the jurisdiction in which it was made, with any variations made under subsection (5)(a) or section 116(5);
section 127(1)(a) does not apply.
An order that operates in this State under subsection (3) has no effect until a copy of the order (with or without any variations made under subsection (5)(a)) is served personally in accordance with section 118(1) or (2).
If an order operates in this State under subsection (3) —
the Chief Health Officer may, by written notice served in accordance with section 130(2), vary the order as it operates in this State, but only to the extent reasonably necessary for its effective operation in this State; and
the order ceases to operate in this State if —
the order expires or is revoked under the corresponding law; or
the Chief Health Officer revokes the order under section 116(5).
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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