Western Australian Numbered Acts Western Australian Numbered Acts After section 202
insert:
Part 12A — Infectious disease extreme circumstance
declarations
202A. Minister may make IDEC declaration
(1) In this
section —
IDEC declaration means an infectious disease
extreme circumstance declaration under subsection (2).
(2) The Minister may,
in writing, make a declaration that an infectious disease extreme circumstance
exists in the whole of the State or in any area or areas of the State.
(3) The Minister
cannot make an IDEC declaration unless the Minister —
(a) has
considered the advice of the Chief Health Officer; and
(b) is
satisfied that an urgently notifiable infectious disease is posing a severe
and immediate threat, or is causing harm, to human health on a significant
scale; and
(c) is
satisfied that the quarantine of persons for periods of more than
24 hours is reasonably necessary as part of preventing
orcontrolling —
(i)
the entry of the disease into the State; or
(ii)
the emergence, establishment or spread of the disease in
the State.
(4) An IDEC
declaration must —
(a)
specify the urgently notifiable infectious disease to which it relates; and
(b)
include —
(i)
details of the infectious disease extreme circumstance
that is the basis of the declaration; and
(ii)
the time when, and date on which, the declaration is
made.
(5) The making of an
IDEC declaration does not prevent the making of further IDEC declarations in
relation to the same or a different infectious disease extreme circumstance.
202B. Duration of IDEC declaration
An IDEC
declaration —
(a) has
effect on and from the time it is made, or any later time specified in the
declaration; and
(b) if
it is not extended under section 202C or sooner revoked under
section 202D, remains in force until the end of the period of
3 months commencing on the day on which it first has effect.
202C. Extension of IDEC declaration
(1) The Minister may
by written declaration extend, or from time to time further extend, the
duration of an IDEC declaration.
(2)
Section 202A(3) applies in relation to a declaration extending, or
further extending, the duration of an IDEC declaration in the same way that it
applies to the original IDEC declaration.
(3) A declaration
extending, or further extending, the duration of an IDEC
declaration —
(a) must
state the period by which the duration of the IDEC declaration is extended;
and
(b) must
include the time when, and date on which, it is made; and
(c)
remains in force until the end of the period stated under paragraph (a)
unless the IDEC declaration is sooner revoked under section 202D.
(4) Each extension, or
further extension, of the duration of an IDEC declaration cannot exceed
3 months, but there is no limit on the number of extensions as long as
subsection (2) is complied with.
(5) A declaration
extending, or further extending, the duration of an IDEC declaration has
effect on and from the time it is made.
202D. Revocation of IDEC declaration
(1) The Minister may,
by written declaration, revoke an IDEC declaration at any time.
(2) The revocation
must include the time when, and date on which, it is made.
(3) A declaration
under this section has effect at the time it is made, or any later time
specified in the declaration.
(4) Despite any other
written law, the revocation of an IDEC declaration does not
affect —
(a) any
penalty or punishment incurred or imposed, or liable to be incurred or
imposed, before the revocation; or
(b) any
investigation or legal proceedings in respect of a penalty or punishment of
that kind.
(1) The Minister must
publish notice of a declaration made under section 202A, 202C
or 202D.
(2) The notice must
be —
(a)
published for general information as soon as is practicable after the
declaration is made in any manner that the Minister considers to be
appropriate having regard to the circumstances and what is practicable; and
(b)
published in the Gazette as soon as is practicable after the declaration is
made.
(3) A failure to
publish notice of the declaration does not affect the validity of the
declaration.
202F. Limitation of stay of operation of IDEC
declaration
(1) In any proceedings
for judicial review or in any other proceedings, a court or tribunal is not
authorised to make an interlocutory order that has the effect of staying the
operation of an IDEC declaration.
(2) This section does
not limit judicial review for jurisdictional error.
Part 12B — Recovery of certain costs relating to exercise
of powers
Division 1 — Fees payable by hotel-quarantined persons
In this
Division —
child means a person who is under 18 years of
age;
guardian , in relation to a child, means a person
who is a guardian (as defined in the
Guardianship and Administration Act 1990 section 3(1)) of the
child;
hotel includes any of the following —
(a) a
motel;
(b) a
hostel;
(c) a
lodging house;
(d) a
boarding house;
(e) a
serviced apartment;
(f) any
other premises prescribed by the regulations;
hotel-quarantined person means a person who
entered the State from a place outside the State on or after
17 July 2020 and who —
(a) is
or was subject to a quarantine direction in relation to that entry that
requires or required the person to remain in a hotel for a specified period;
or
(b)
while subject to the quarantine direction referred to in
paragraph (a) — is or was given a subsequent quarantine
direction that requires or required the person to remain in a hotel for a
specified period;
parent , in relation to a child, includes any
person who has parental responsibility (as defined in the
Family Court Act 1997 section 68) for the child.
202H. Fee payable by hotel-quarantined person in
relation to cost of quarantine
(1) A
hotel-quarantined person is liable to pay the fee prescribed by the
regulations.
(2) For the purposes
of subsection (1), the Chief Health Officer may issue to the person an
invoice stating —
(a) the
date of the invoice; and
(b) the
name of the hotel-quarantined person to whom the invoice relates; and
(c) the
amount of the fee payable by the hotel-quarantined person to whom the invoice
relates.
(3) If the
hotel-quarantined person is a child —
(a) the
Chief Health Officer may issue the invoice to the child’s parent or
guardian; and
(b) the
child’s parent or guardian is liable to pay the fee.
(4) The regulations
may provide for a combined fee for 2 or more hotel-quarantined
persons who are required or permitted to comply with a quarantine direction in
shared accommodation, in which case —
(a) the
Chief Health Officer may issue a single invoice; and
(b) each
person (other than a child) is jointly and severally liable for the combined
fee.
202I. Period for payment of fee
(1) A person liable to
pay a fee under section 202H must, subject to section 202L, pay the
fee within 30 days after receiving the invoice for the fee.
(2) The Chief Health
Officer may extend and further extend the time for payment of the fee.
The Chief Health
Officer may waive the whole or part of the fee payable by a hotel-quarantined
person under this Division if the Chief Health Officer —
(a)
considers that payment of the whole or part of the fee would cause financial
hardship to the person; or
(b)
otherwise considers that it is appropriate in the circumstances to do so.
An amount not paid by
a person in accordance with this Division is recoverable in a court of
competent jurisdiction as a debt due to the State from the person.
For the purposes of
this Division, the regulations may provide for —
(a) the
payment of fees by instalments; and
(b) the
recovery of fees; and
(c) the
payment of interest for the late payment or non-payment of fees or
instalments.
Division 2 — Recovery of certain costs and expenses
202M. Recovery of costs and expenses of requiring
premises to be cleaned
(1) The Chief Health
Officer may recover the reasonable costs and expenses incurred by the State as
a consequence of premises having been cleaned or disinfected under a
requirement under Part 11 or 12 or under the
Emergency Management Act 2005 Part 6 Division 1.
(2) The costs and
expenses are recoverable jointly and severally from —
(a) in
relation to premises that are not a vehicle — the owner, occupier
or person in possession of the premises at the time that the premises were
required to be cleaned or disinfected; and
(b) in
relation to a vehicle — the owner, operator, lessee or charterer (as is
relevant) of the vehicle at the time that the vehicle was required to be
cleaned or disinfected.
(3) The costs and
expenses are recoverable in a court of competent jurisdiction.