Australian Capital Territory Numbered Acts

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 64

64. (1) An authorised officer may, subject to this section, do whatever he or she has reasonable grounds for believing to be necessary to implement a prohibition notice—

        (a)     after the expiration of any compliance period specified under paragraph 61 (5) (f) (as extended, if at all, under section 62); or

        (b)     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 notice, and in the interests of public health.

(2) For the purpose of implementing a prohibition notice under subsection (1), an authorised officer may, using such reasonable force and assistance as is necessary—

        (a)     enter a place to which the notice relates at any reasonable time; or

        (b)     enter a place to which the notice relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry.

(3) An authorised officer who enters a place pursuant to subsection (2) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce his or her identity card, and, unless the authorised officer is the Chief Health Officer, his or her authorisation, to the occupier.

(4) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, a prohibition notice under this section are a debt due to the Territory by the person to whom the notice was issued.