Australian Capital Territory Numbered Acts

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 120

120. (1) While an emergency declaration is in force, the Chief Health Officer may take any action, or give any direction (orally or in writing), he or she considers to be necessary or desirable to alleviate the emergency specified in the declaration, including actions or directions in relation to any of the following:

        (a)     the reduction, removal or destruction of any threat to public health;

        (b)     the segregation or isolation of any persons in an area;

        (c)     the evacuation of any persons from an area;

        (d)     the prevention or permission of access to an area;

        (e)     the control of the movement of any vehicle.

(2) For the purposes of subsection (1), the directions the Chief Health Officer may give to a person include any or all of the following:

        (a)     that the person undergo a medical examination, either of a general nature or of a particular type, as specified in the direction, within a specified time;

        (b)     that the person immediately or within a specified time move away from or to a specified area, or remain in a specified area for a specified time, while the emergency remains in force;

        (c)     that the person immediately or within a specified time surrender any substance or thing in the person's possession or control to an authorised person within the meaning of section 121;

        (d)     that the person immediately or within a specified time destroy, or modify in a specified manner, a thing or substance in the person's possession or control;

        (e)     that the person take any other specified action, or cease undertaking any specified action, if the Chief Health Officer considers such action or cessation to be necessary or desirable.

(3) A person shall not, without reasonable excuse, fail to comply with a direction under this section.

Penalty:

        (a)     if the offender is a natural person—50 penalty units;

        (b)     if the offender is a body corporate—250 penalty units.

(4) The Chief Health Officer shall make a signed written record of all action taken, and of each direction issued, for the purposes of subsection (1).

(5) In the prosecution of a person under subsection (3) for the failure of the person to comply with a direction, a record of the direction made by the Chief Health Officer under subsection (4) is evidence that the direction was given, of the matters referred to in the record and of the facts on which those matters were based.