Epidemic Preparedness Act 2006

Prospective modification of statutory requirements and restrictions

11 Prospective modification of statutory requirements and restrictions to facilitate management of serious outbreaks of disease


The Governor-General may, by Order in Council made on the recommendation of the Minister of Health, modify (with prospective effect as stated in section 13) any requirement or restriction imposed by any enactment administered by the Ministry of Health.


The Minister of Health must not recommend the making of an order except on a written recommendation of the Director-General of Health, stating that, in the Director-General’s opinion, the modifications it makes are likely to be necessary to enable the effective management of serious outbreaks of diseases affecting people or their effects (or both).


A modification of a requirement or restriction—


may be absolute or subject to conditions; and


may be made—


by stating alternative means of complying with the requirement or restriction; or


by substituting a discretionary power for the requirement or restriction.


Subsection (3) does not limit subsection (1).


An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 11(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).