Are Police Authorised Officers for the purposes of the Public Health and Wellbeing Act 2008???
So Police cannot be appointed as authorised officers for the purpose of the Health and Wellbeing Act 2008 as they are not employed under the Public Administration Act 2004 because they are not employees of the State, they are individual office holders under the Crown.
(More evidence the State of Victoria are not the Crown)
Are they perhaps appointed by Council? We are yet to see any evidence of this or claim by any officer…
So lets look at who can issue an Infringement Notice under the Health and Wellbeing Act 2008.
Part 10 of the Act mentioned above is the Part Covid19 Infringements are issued under.
State of Disaster Addition, only applicable in State of Disaster.
PUBLIC HEALTH AND WELLBEING REGULATIONS 2019 – REG 100A
Compliance with a direction or requirement by a person directed to exercise public health risk powers under section 24 of the Emergency Management Act 1986
A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person, or a requirement made of the person, to provide their name and address, by a person directed under section 24 of the Emergency Management Act 1986 to exercise a public health risk power referred to in section 190(1)(e) of the Act.
Penalty: 20 penalty units.
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