PUBLIC HEALTH ACT 1997 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 4. Objectives 6. Construction consistent with certain other laws 6A. Offences against Act--application of Criminal Code etc PART 2--STATUTORY OFFICES 7. Chief health officer 8. Acting chief health officer 9. Functions of chief health officer 10. Biennial reporting by chief health officer 11. Delegation by chief health officer 12. Appointment of public health officers 12A. Functions of public health officers 13. Appointment of authorised medical officers 14. Functions of authorised medical officers 15. Appointment of analysts 15A. Functions of analysts 15AA. Analysts and assistants--authority to handle drugs etc 15B. Non-public servant analysts--appointment subject to conditions 15C. Non-public servant analysts--procedure for imposition etc of conditions on chief 15D. Non-public servant analysts--suspension or cancellation of 16. Identity cards 17. Protection from liability PART 3--PUBLIC HEALTH RISK ACTIVITIES AND PUBLIC HEALTH RISK PROCEDURES Division 3.1--General 18. Public health risk activities and procedures--declaration 20. Compliance with codes of practice Division 3.2--Licensable public health risk activities 21. Activity licences--offences 22. Exemption from licensing requirement--activity accreditation 23. Activity accreditation standards--modification 24. Alteration of premises and appliances--offence 25. Alteration of premises and appliances--approval 29. Activity licence--application 30. Activity licence--grant or refusal 31. Activity licence--form 32. Activity licence--duration 33. Activity licence--renewal 34. Activity licence--variation 35. Activity licence--return for endorsement of variation 36. Activity licence--application for transfer 37. Activity licence--grant or refusal of transfer 38. Activity licence--surrender 39. Activity licence--suspension and cancellation 40. Activity licence--emergency suspension 41. Activity licence--automatic suspension 42. Activity licence--return of defunct licences 42A. Licensable public health risk activities--false representation 42B. Licensable public health risk activities--inspection Division 3.3--Licensable public health risk procedures 42C. Procedure licences--offences 42D. Exemption from licensing requirement--procedure accreditation 42E. Procedure accreditation standards--modification 42F. Alteration of appliances--offence 42G. Alteration of appliances--approval 43. Procedure licence--application 44. Procedure licence--further information 45. Procedure licence--grant or refusal 46. Procedure licence--form 47. Procedure licence--annual fees 48. Procedure licence--suspension and cancellation for failure to pay annual 49. Procedure licence--variation 50. Procedure licence--return for endorsement of variation 51. Procedure licence--duration 52. Procedure licence--surrender 53. Procedure licence--suspension and cancellation 54. Procedure licence--emergency suspension 55. Procedure licence--automatic suspension 56. Procedure licence--return of defunct licences 56A. Licensable public health risk procedures--false representation 56B. Procedure licence--inspection Division 3.4--Registration of public health risk activities 56C. Registrable public health risk activities--offences 56D. Activity register 56E. Registered people register 56F. Registration--application 56G. Registration--grant or refusal 56H. Registration--certificate 56J. Registration--duration 56K. Registration--renewal 56L. Registration--change of information 56M. Registration--application for approval of transfer 56N. Registration--grant or refusal of transfer 56P. Registration--notified suspension and cancellation 56Q. Registration--automatic suspension (prohibition notice) 56R. Registration--return of suspended or cancelled certificates 56S. Registration--surrender 56T. Registration--false representation 56U. Registration--inspection Division 3.6--Improvement notices 57. Improvement notice--compliance 58. Improvement notice--issue 59. Improvement notice--extension of compliance period 60. Improvement notice--revocation Division 3.7--Prohibition notices 61. Prohibition notice--issue 62. Prohibition notice--extension of compliance period 63. Prohibition notice--display 64. Prohibition notice--implementation 65. Prohibition notice--revocation 66. Prohibition orders PART 3A--SUPPLY OF SYRINGES Division 3A--.1 Supplying syringes to approved people 66A. Definitions--div 3A.1 66B. Courses of instruction 66C. Distribution of syringes--approval 66D. Approval--surrender 66E. Approval--cancellation 66F. Approval--duration 66G. Approval--renewal 66H. Approval--production to police 66I. Approval--lending to another person 66J. Approval--no liability for ancillary offences 66K. Return of approval to chief health officer Division 3A--.2 Supplying syringes by vending machine 66L. Definitions--div 3A.2 66M. Application for vending machine approval 66N. Further information for vending machine approval application 66O. Decision about vending machine approval application 66P. Vending machine approval--conditions 66Q. Vending machine approval--surrender 66R. Vending machine approval--cancellation 66S. Vending machine approval--return on surrender or cancellation 66T. Vending machine approval--no liability for ancillary offences Division 3A--.3 Transitional--syringe approvals under Drugs of Dependence Act 66U. Definitions--div 3A.3 66V. Transitional--existing approvals under Drugs of Dependence Act to distribute 66W. Transitional--uncompleted applications for ACAT review 66X. Expiry--div 3A.3 PART 4--INSANITARY CONDITIONS 67. Offence--insanitary conditions 68. Complaints about insanitary conditions 69. Abatement notices--issue 70. Abatement notice--extension of compliance period 71. Abatement notice--implementation 72. Abatement notice--revocation 73. Abatement orders 74. Joint and several responsibility for insanitary conditions PART 5--INSPECTION AND ANALYSIS Division 5.1--Preliminary 75. Definitions for pt 5 Division 5.2--Authorised officers' powers 76. Entry 77. Consent to entry 78. Powers upon entry 79. Power to require name and address 80. Search warrants 81. Warrants by telephone or other electronic means Division 5.3--Seizure 84. Seizure notices 85. Detention of things at place of seizure 86. Interference with seized things 87. Access to seized records 88. Return of seized things 89. Court orders for relief against seizure 90. Forfeiture 91. Cost of destruction or disposal of things forfeited 92. Destruction of contaminated items Division 5.4--Analysis 93. Analyst's power of entry 94. Notice of taking of sample 97. Time limit for certain prosecutions 98. Prohibited use of analysis PART 6--NOTIFIABLE CONDITIONS AND PUBLIC HEALTH HAZARDS Division 6.1--Preliminary 99. Principles--notifiable conditions 100. Notifiable conditions--Ministerial determination 101. Notifiable conditions--temporary status Division 6.2--Notification of notifiable conditions 102. Notification by doctors and authorised nurse practitioners 102A. Doctors and authorised nurse practitioners--failure to notify 103. Pathologists 104. Hospitals 105. Notification by responsible people 106. Notification by affected persons--notifiable conditions 107. Unauthorised assertions 108. Authorised notification of contacts 109. Use of notified information 110. Disclosure of information--persons with notifiable conditions 111. Disclosure of information that identifies doctor etc Division 6.3--Public health hazards 112. Notification of public health hazards 113. Public health directions--issue 114. Public health directions--notice to doctor or authorised nurse 115. Public health directions--extension of compliance period 115A. Public health direction--confinement 116. Public health direction--implementation 117. Public health directions--revocation 118. Public health orders PART 6A--PUBLIC HEALTH ALERTS 118A. Public health alerts PART 6B--DRINKING WATER AND SEWAGE PROCESSING Division 6B--.1 Drinking water 118B. Definitions for div 6B.1 118C. Relationship with other provisions of this Act 118D. Water processing health risk--public warning by utility 118E. Misleading information about water processing 118F. Provision of water processing information to chief health officer 118G. Contaminated drinking water provided by water utility Division 6B--.2 Sewage 118H. Definitions for div 6B.2 118I. Relationship with other provisions of this Act 118J. Sewage processing health risk--public warning by utility 118K. Misleading information about sewage processing 118L. Provision of sewage processing information to chief health officer PART 7--PUBLIC HEALTH EMERGENCIES 119. Emergency declarations 120. Emergency actions and directions 121. Emergency powers 122. Compensation 123. Reports on emergencies PART 8--PUBLIC HEALTH INVESTIGATIONS 124. Investigations 125. Procedure 126. Powers 127. Reports 128. Protection and immunity 129. Investigation offences PART 9--REVIEW AND APPEALS 130. Meaning of reviewable decision--pt 9 131. Reviewable decision notices 131A. Applications for review 132. Appeals PART 10--MISCELLANEOUS 133. Codes of practice 134. Development approvals under Planning and Development Act, s 125 135. Evidence--records, costs and expenses 135A. Evidence--certificates by analysts 136. Acts and omissions of representatives 137. Determination of fees 137A. Approved forms 138. Regulation-making power DICTIONARY ENDNOTES PUBLIC HEALTH ACT 1997 - LONG TITLE An Act relating to public health, and for related purposes PUBLIC HEALTH ACT 1997 - SECT 1 Name of Act This Act is the Public Health Act 1997. PUBLIC HEALTH ACT 1997 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act. For example, the signpost definition 'notified suspension or cancellation, of registration--see section 56P (1).' means that the expression 'notified suspension or cancellation' is defined in section 56P (1). Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). PUBLIC HEALTH ACT 1997 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. PUBLIC HEALTH ACT 1997 - SECT 4 Objectives This Act shall be construed and administered in accordance with the following objectives: (a) the protection of the public from public health risks including those associated with facilities, equipment, products and activities not adequately controlled by another law of the Territory or a law of the Commonwealth; (b) through the monitoring of health indicators, to provide the public with information about the health of the population and to design and implement appropriate policies and programs for the maintenance and improvement of the population's health; (c) the provision of a rapid response to public health risks; (d) the exercise of functions under this Act in a professional and responsible way; (e) the avoidance of any undue infringement of individual liberty and privacy in the exercise of functions under this Act. PUBLIC HEALTH ACT 1997 - SECT 6 Construction consistent with certain other laws (1) This Act must be construed and administered in a way that is consistent with a health law or an environment law unless the contrary intention appears from this Act or that law. (2) This Act must be taken to be consistent with a health law or an environment law to the extent that it is capable of operating concurrently with that law. (3) Without limiting subsection (2)-- (a) a function under the Food Act 2001 may be exercised independently of, in conjunction with, or instead of, a function under this Act; and (b) a function under this Act may be exercised independently of, in conjunction with, or instead of, a function under the Food Act 2001. Examples of s (3) 1 The issue of an abatement notice under this Act in relation to unfit food premises instead of an improvement notice under the Food Act 2001. 2 For food handled by a person with a highly contagious serious disease, a public health emergency could be declared under this Act and directions given to isolate affected people and require them to undergo a medical examination and the food could be recalled under the Food Act 2001, pt 4 (Emergency powers). Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (4) In this section: "environment law" means a law of the Territory that has as 1 of its objects or purposes the protection of the environment. "health law" means-- (a) a law of the Territory that has as 1 of its objects or purposes the protection of public health; or (b) the Food Act 2001; or (c) the Medicines, Poisons and Therapeutic Goods Act 2008. PUBLIC HEALTH ACT 1997 - SECT 6A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): o s 102A (Doctors and authorised nurse practitioners--failure to notify) o s 111 (Disclosure of information that identifies doctor etc). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. PUBLIC HEALTH ACT 1997 - SECT 7 Chief health officer (1) The Minister must appoint a person to be the chief health officer. Note For the making of appointments generally, see Legislation Act, pt 19.3. (2) The chief health officer must be a public servant and a doctor. (3) An appointment under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (4) The Minister may, in writing, suspend the chief health officer from duty on grounds of misbehaviour or physical or mental incapacity, being grounds the particulars of which are stated in the suspension. (5) A suspension is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (6) Following the suspension of the chief health officer, the Minister may, in writing, revoke the appointment of the chief health officer if-- (a) after the last day when the suspension could have been disallowed under the Legislation Act 2001, the suspension has not been disallowed; and (b) the Minister is satisfied that the grounds for suspension stated in the suspension still exist. PUBLIC HEALTH ACT 1997 - SECT 8 Acting chief health officer (1) The chief executive may appoint a person to act as the chief health officer-- (a) during any vacancy or all vacancies in the position of chief health officer; or (b) during any period, or all periods, when the chief health officer cannot for any reason exercise the functions of the position. Note For the making of acting appointments generally, see Legislation Act, div 19.3.2. (2) An acting chief health officer must be a doctor. (3) The Legislation Act 2001, section 209 (Power of appointment includes power to make acting appointment) does not apply to the position of chief health officer. PUBLIC HEALTH ACT 1997 - SECT 9 Functions of chief health officer (1) The functions of the chief health officer are as follows: (a) to develop and implement strategies to promote and protect public health; (b) to ensure that the following Acts are complied with: (i) this Act; (ii) the Food Act 2001; (iii) the Medicines, Poisons and Therapeutic Goods Act 2008; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (c) to advise the Minister about proposed legislative or administrative changes related to public health and the safety and suitability of food for human consumption; (d) to carry out any other functions decided, in writing, by the Minister for an Act mentioned in paragraph (b). (2) The chief health officer may also exercise any other function given to the chief health officer by another Territory law. PUBLIC HEALTH ACT 1997 - SECT 10 Biennial reporting by chief health officer (1) The chief health officer shall prepare a written report every 2 years about public health indicators in the Territory in respect of the following matters: (a) trends and indicators in health status; (b) potential public health risks; (c) morbidity and mortality; (d) notifiable conditions; (e) health promotion activities; (f) harm minimisation activities; (g) access and equity indicators relevant to health; (h) social indicators relevant to health; (i) health services performance against minimum standards of care; (j) intersectoral activities relevant to health; (k) any other matter considered appropriate by the chief health officer. (2) A report must be given to the Minister within 3 months after it is prepared. (3) The Minister must present a report to the Legislative Assembly within 6 sitting days after the day the Minister receives it. PUBLIC HEALTH ACT 1997 - SECT 11 Delegation by chief health officer The chief health officer may delegate a function under any of the following Acts to a person: (a) this Act; (b) the Drugs of Dependence Act 1989; (c) the Food Act 2001; (d) the Medicines, Poisons and Therapeutic Goods Act 2008. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. PUBLIC HEALTH ACT 1997 - SECT 12 Appointment of public health officers The chief executive may appoint a person to be a public health officer. Note 1 For the making of appointments generally, see Legislation Act, pt 19.3. Note 2 A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209). PUBLIC HEALTH ACT 1997 - SECT 12A Functions of public health officers (1) The chief health officer may, in writing, authorise a public health officer to be an authorised officer for this Act or a provision of this Act. (2) The chief health officer may, in writing, authorise a public health officer to be an authorised officer for the Food Act 2001 or a provision of that Act. Note For the Medicines, Poisons and Therapeutic Goods Act 2008, see div 7.1.2 (Medicines and poisons inspectors). (3) A public health officer may also exercise any other function given to a public health officer by this Act or another Territory law. PUBLIC HEALTH ACT 1997 - SECT 13 Appointment of authorised medical officers The chief executive may appoint a doctor to be an authorised medical officer. Note 1 For the making of appointments generally, see Legislation Act, pt 19.3. Note 2 A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209). PUBLIC HEALTH ACT 1997 - SECT 14 Functions of authorised medical officers (1) The chief health officer may, in writing, authorise an authorised medical officer to be an authorised officer for this Act or a provision of this Act. (2) An authorised medical officer may also exercise any other function given by this Act or another Territory law. PUBLIC HEALTH ACT 1997 - SECT 15 Appointment of analysts The chief executive may appoint a person as-- (a) the government analyst; or (b) an analyst. Note 1 For the making of appointments generally, see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). PUBLIC HEALTH ACT 1997 - SECT 15A Functions of analysts (1) The chief health officer may, in writing, authorise an analyst for any of the following Acts or any provision of the following Acts: (a) this Act; (b) the Criminal Code; (c) the Drugs of Dependence Act 1989; (d) the Food Act 2001; (e) the Medicines, Poisons and Therapeutic Goods Act 2008. Note 1 Analyst includes the government analyst (see dict). Note 2 For evidentiary certificates by analysts, see s 135A. Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) An analyst may also exercise any other function given to the analyst by this Act or another territory law. PUBLIC HEALTH ACT 1997 - SECT 15AA Analysts and assistants--authority to handle drugs etc (1) For section 15A and within the scope of the person's employment, each of the following people is authorised to carry out an authorised activity in relation to a prohibited thing: (a) an analyst; Note Analyst includes the government analyst (see dict). (b) a person working under the direct supervision of an analyst. (2) In this section: "authorised activity", in relation to a prohibited thing, means each of the following: (a) obtaining the thing; (b) manufacturing the thing; (c) possessing the thing, whether for use as a reference or otherwise; (d) if the thing is a controlled plant under the Criminal Code, section 600--cultivating the plant; (e) giving the thing to a person who is authorised to obtain it; (f) transporting the thing; (g) destroying the thing. "cultivates"--see the Criminal Code, section 515. "employment" includes engagement under a contract for services. "manufacture"--see the Criminal Code, section 606. "prohibited thing" means-- (a) a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code, section 600; or (b) a regulated substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008; or (c) equipment used to manufacture something mentioned in paragraph (a) or (b); or (d) equipment used to cultivate a controlled plant within the meaning of the Criminal Code, section 600. PUBLIC HEALTH ACT 1997 - SECT 15B Non-public servant analysts--appointment subject to conditions (1) The appointment of a person who is not a public servant as an analyst may be-- (a) made subject to conditions; or (b) amended by the chief executive to impose a condition to which the appointment is to be subject or to amend or revoke a condition to which the appointment is already subject. (2) A condition may be imposed, amended or revoked by the chief executive-- (a) on the chief executive's own initiative or on the application of the person; and (b) for a stated period or indefinitely. PUBLIC HEALTH ACT 1997 - SECT 15C Non-public servant analysts--procedure for imposition etc of conditions on chief executive's initiative (1) If the chief executive proposes, on the chief executive's own initiative, to take action under section 15B (1) (b) (Non-public servant analysts--appointment subject to conditions) to amend the person's appointment to impose, amend or revoke a condition (the proposed action), the chief executive must give the person a written notice stating-- (a) the proposed action; and (b) if the proposed action is to impose a condition to which the appointment is to be subject--the proposed condition; and (c) if the proposed action is to amend a condition to which the appointment is subject--the proposed condition as amended; and (d) if the proposed action is to impose or amend a condition, the grounds for the proposed action; and (e) if appropriate, any action that must be taken by the person to avoid or reverse the proposed action; and (f) the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect); and (g) that the proposed action takes effect on the date of effect unless the notice is revoked by the chief executive before that date. (2) The notice may, but need not, provide an opportunity for the person to make representations about why the proposed action should not be taken. (3) The date of effect must not be earlier than 14 days after the notice is given to the person. PUBLIC HEALTH ACT 1997 - SECT 15D Non-public servant analysts--suspension or cancellation of appointment (1) This section applies to a person who is not a public servant and who is appointed as an analyst. (2) The chief executive may suspend the person's appointment for no longer than 1 year, or cancel the person's appointment, (the proposed action) if satisfied, on reasonable grounds, that-- (a) the person has breached a condition of the person's appointment; or (b) the person has otherwise contravened an Act mentioned in section 15A (1) or another territory law under which the person exercises a function; or (c) the person is not a suitable person to hold the appointment because of misbehaviour or physical or mental incapacity. Note The person's appointment also ends if the person resigns (see Legislation Act, s 210). (3) Before suspending or cancelling the appointment, the chief executive must give the person a written notice-- (a) stating the grounds on which the chief executive proposes to take the proposed action; and (b) stating the facts that, in the chief executive's opinion, establish the grounds; and (c) stating the proposed action; and (d) telling the person that the person may, within 14 days beginning the day after receiving the notice, give a written response to the chief executive about the matters in the notice. (4) In deciding whether to suspend or cancel the appointment the chief executive must consider any response given to the chief executive under subsection (3) (d). (5) If the chief executive is satisfied that grounds for taking action under this section have been established, the chief executive may-- (a) if the proposed action was to cancel the appointment--either cancel the appointment or suspend the appointment for a period of not longer than 1 year; or (b) if the proposed action was to suspend the appointment for a stated period--suspend the appointment for a period of not longer than that period. (6) The chief executive must give the person written notice of the chief executive's decision. (7) The chief executive's decision takes effect on the day that notice of the chief executive's decision is given to the person or, if the notice states a later date of effect, that date. PUBLIC HEALTH ACT 1997 - SECT 16 Identity cards (1) The chief executive shall issue to an officer an identity card specifying the officer's name and office, and on which appears a recent photograph of the officer. (2) Upon ceasing to occupy, or to act in, an office, a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive. Maximum penalty: 1 penalty unit. (3) In this section: "office" means the following offices: (a) chief health officer; (b) public health officer; (c) authorised medical officer; (d) analyst. PUBLIC HEALTH ACT 1997 - SECT 17 Protection from liability (1) In this section: "official" means-- (a) the Minister; or (b) the chief health officer; or (c) an authorised officer; or (d) anyone else exercising functions under this Act. (2) An official does not incur civil or criminal liability for an act or omission done honestly and without negligence for this Act. (3) A civil liability that would, apart from this section, attach to an official attaches instead to the Territory. PUBLIC HEALTH ACT 1997 - SECT 18 Public health risk activities and procedures--declaration (1) The Minister may, in writing, declare an activity that may result in the transmission of disease, or that may otherwise adversely affect the health of individuals in the context of the wider health of the community, to be a public health risk activity. Example The Minister could, under subsection (1), declare as a public health risk activity the operation of a health care facility (including a hospital, day surgery or clinic where surgical procedures may be conducted or medical treatment may be provided). Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) A declaration under this section may, in relation to a public health risk activity, declare 1 or more procedures in relation to that activity to be public health risk procedures. (3) A declaration must indicate-- (a) for a declared public health risk activity--whether the activity is licensable, non-licensable or registrable; and (b) for a declared public health risk procedure--whether the procedure is licensable or non-licensable. (4) A declaration that an activity is a registrable public health risk activity may indicate that the activity is location-specific. (5) A registrable public health risk activity that is location-specific is registrable separately-- (a) for each premises where it is carried on; or (b) if it is carried on at more than 1 location on particular premises--for each such location. Note 1 A licence is required to carry on a public health risk activity or procedure that is declared to be licensable (see s 21 and s 42C), subject to the exemptions in s 22 and s 42D. Note 2 A licence is not required to carry on a public health risk activity or procedure that is declared to be non-licensable. Note 3 A licence is not required to carry on a public health risk activity that is declared to be registrable. However, a person must be registered to carry on a registrable public health risk activity (see s 56C), and a location-specific registrable activity (see s 18 (4)) may only be carried on at a location that is registered for the activity (see s 56C (2)). (6) A declaration under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 20 Compliance with codes of practice (1) A person carrying on a public health risk activity shall not, without reasonable excuse, fail to comply with a code of practice in relation to that activity. Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2 000 penalty units, imprisonment for 6 months or both. (2) A person performing a public health risk procedure shall not, without reasonable excuse, fail to comply with a code of practice in relation to that procedure. Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2 000 penalty units, imprisonment for 6 months or both. PUBLIC HEALTH ACT 1997 - SECT 21 Activity licences--offences (1) A person must not carry on a licensable public health risk activity unless the person-- (a) holds an activity licence for the activity; or (b) is a defined influential person in relation to the holder of an activity licence for the activity. Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2 000 penalty units, imprisonment for 6 months or both. (2) A person must not carry on a licensable public health risk activity except in accordance with an activity licence. Maximum penalty: (a) for a person who is not a utility--50 penalty units; or (b) for a utility--2 000 penalty units. (3) This section does not apply to a person who is exempt under section 22. PUBLIC HEALTH ACT 1997 - SECT 22 Exemption from licensing requirement--activity accreditation schemes (1) For section 21 (3), a person who carries on a licensable public health risk activity is exempt from the requirement to be licensed if-- (a) the person is accredited under an activity accreditation scheme for the activity; and (b) the person has not, during the previous year, contravened the activity accreditation standards for the scheme (as modified, if at all, under section 23); and (c) the person carrying on the activity, or a defined influential person in relation to the person, has not, during the previous year, contravened this Act or a corresponding public health risk law. (2) The Minister may determine-- (a) activity accreditation schemes for licensable public health risk activities; and (b) activity accreditation standards for activity accreditation schemes. (3) A determination may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (4) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 23 Activity accreditation standards--modification (1) A person who carries on a licensable public health risk activity for which there is an activity accreditation scheme may apply to the Minister for a modification of the activity accreditation standards for the scheme as they apply to the person. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (2) The Minister may, by written notice, require the person to provide stated additional information about the application. (3) If the person complies with this section, the Minister must, by written notice to the person, make the modification of the standards sought by the person unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the licensable public health risk activity (4) If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 24 Alteration of premises and appliances--offence (1) A person who carries on a licensable public health risk activity must not, except in accordance with an approval under section 25, make an activity premises alteration or a procedure appliance alteration if the alteration would increase the public health risk associated with the activity. Maximum penalty: 50 penalty units. (2) For subsection (1), an activity premises alteration or a procedure appliance alteration is taken to increase the public health risk associated with a public health risk activity if there are reasonable grounds for the person who carries on the activity to believe that the alteration would increase the risk (irrespective of the person's actual belief). PUBLIC HEALTH ACT 1997 - SECT 25 Alteration of premises and appliances--approval (1) A person who carries on a licensable public health risk activity may apply to the Minister for approval of an activity premises alteration or procedure appliance alteration. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (2) The Minister may, by written notice, require the person to provide stated additional information about the application. (3) If the person complies with this section, the Minister must, by written notice to the person, approve the activity premises or procedure appliance alteration unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the licensable public health risk activity. (4) If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 29 Activity licence--application (1) A person may apply to the Minister for a licence to carry on a public health risk activity. (2) An application shall-- (a) be signed by the applicant; and (b) specify the public health risk activity; and (c) specify the premises on or from which the applicant intends to carry on the public health risk activity; and (d) subject to subsection (3), in the case of existing premises, be accompanied by a sketch plan of the premises showing-- (i) the layout of all fixtures, fittings, appliances and any other equipment installed in the premises; and (ii) the area, or each area forming part of the premises that will be used for the purposes of the public health risk activity, and the use to which it will be put; and (e) for premises that, at the date of the application, have not been completed or are being altered--be accompanied by a copy of the relevant plans and specifications. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (3) Subsection (2) (d) does not apply where-- (a) another person named in the application is the holder of an activity licence in relation to a public health risk activity carried on at the premises; and (b) the applicant intends to carry on the same public health risk activity at those premises; and (c) the applicant states that there has been no change in any matter required to be shown in a sketch plan by subsection (2) (d) since the latest of the following dates: (i) the date of the last presentation of a sketch plan of the premises under that paragraph; (ii) the date of the last approval by the Minister of an alteration of the premises under section 27 (1) (b). (4) The Minister may, by written notice, require the applicant to provide specified further information in writing about the application. PUBLIC HEALTH ACT 1997 - SECT 30 Activity licence--grant or refusal (1) Where an application for an activity licence has been made in accordance with section 29, the Minister shall, subject to this section, by notice in writing to the applicant-- (a) grant the licence; or (b) refuse to grant the licence. (2) An activity licence may be granted subject to specified conditions. (3) An activity licence shall not be granted in respect of premises that, at the date of the application, had not been completely constructed, or were being altered, until the Minister is satisfied that the construction of the premises, or the alterations, have been completed. (4) For the purposes of making a decision under subsection (1) or (2), the Minister shall have regard to the following matters: (a) the suitability of the premises for the purpose of carrying on the public health risk activity; (b) the competence and experience of the applicant, and of any defined influential person in relation to the applicant; (c) the adequacy of the applicant's equipment for the carrying on or performance in accordance with any applicable code of practice of the public health risk activity or of any associated public health risk procedure; (d) any previous contravention by the applicant or any defined influential person in relation to the applicant of this Act or a corresponding public health risk law; (e) the potential public health risks associated with the proposed activity; (f) any other matters that, in the interests of public health, the Minister believes to be relevant. PUBLIC HEALTH ACT 1997 - SECT 31 Activity licence--form An activity licence must state the following: (a) the name of the licensee; (b) the licensed public health risk activity; (c) the licensed premises; (d) the term for which the licence is granted; (e) any conditions to which the licence is subject. Note If a form is approved under s 137A (Approved forms) for a licence, the form must be used. PUBLIC HEALTH ACT 1997 - SECT 32 Activity licence--duration An activity licence remains in force, except while it is suspended, until it is surrendered or cancelled, for the period specified on the licence, and may be renewed under section 33. PUBLIC HEALTH ACT 1997 - SECT 33 Activity licence--renewal (1) The holder of an activity licence may, before the expiration of the term of the licence, apply to the Minister for its renewal. (2) An application for the renewal of an activity licence must be in writing signed by the licensee. Note A fee may determined under s 137 (Determination of fees) for this section. (3) On application under this section, the Minister shall renew the licence for a period of the same length as the current term of the licence. (4) A suspended activity licence may be renewed, but the renewal does not result in the suspension being lifted. PUBLIC HEALTH ACT 1997 - SECT 34 Activity licence--variation (1) On application by the holder of an activity licence, the Minister shall, if satisfied that it is not prejudicial to the interests of public health to do so, by notice in writing to the licensee, vary the licence accordingly. (2) Where the Minister has reasonable grounds for believing that it is desirable to vary an activity licence in the interests of public health, the Minister shall give the licensee a written notice-- (a) stating the reasons why the Minister intends to vary the licence; and (b) informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice. (3) After the expiration of the period specified in a notice under subsection (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence by notice in writing to the licensee. (4) After the expiration of the period specified in a notice under subsection (2) (b), the Minister shall, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect. (5) The variation of a licence takes effect on-- (a) the date on which notice of the variation is given to the licensee; or (b) such later date as is specified in the notice of variation. (6) In this section: "licence" includes a suspended licence. "vary", in relation to a licence, includes-- (a) vary a licence condition; and (b) revoke a licence condition; and (c) impose a licence condition; and (d) vary the term of the licence. PUBLIC HEALTH ACT 1997 - SECT 35 Activity licence--return for endorsement of variation (1) The holder of an activity licence that has been varied shall not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the variation. Maximum penalty: 5 penalty units. (2) As soon as practicable after the return of a licence under subsection (1), the Minister shall endorse the variation on the licence and return it to the licensee. PUBLIC HEALTH ACT 1997 - SECT 36 Activity licence--application for transfer (1) The holder of an activity licence (except a licence that is under suspension) and a person to whom it is proposed to transfer the licence may jointly apply for the transfer of the licence. (2) An application must be-- (a) signed by each joint applicant; and (b) accompanied by the licence. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (3) The Minister may, by written notice, require the proposed transferee to provide specified further information in writing about the application. PUBLIC HEALTH ACT 1997 - SECT 37 Activity licence--grant or refusal of transfer (1) Where an application for the transfer of an activity licence has been made in accordance with section 36, the Minister shall, subject to this section, by notice in writing to each applicant-- (a) approve the transfer; or (b) refuse to approve the transfer. (2) In association with the transfer of a licence, the Minister may vary the term of the licence. (3) For the purposes of making a decision under subsection (1) or (2), the Minister shall have regard to the following matters: (a) the competence and experience of the proposed transferee and of any defined influential person in relation to the proposed transferee; (b) the adequacy of the equipment proposed to be used by the proposed transferee for the carrying on or performance in accordance with any applicable code of practice of the public health risk activity or of any associated public health risk procedure; (c) any previous contravention by the proposed transferee or any defined influential person in relation to the proposed transferee with this Act or a corresponding public health risk law; (d) any other matters that, in the interests of public health, the Minister believes to be relevant. (4) The transfer of a licence takes effect on the date of receipt by the transferee of the notice of decision under subsection (1), or on such later date as is specified in the notice. (5) The Minister shall return a licence that is the subject of an application for transfer-- (a) if the application is approved--to the proposed transferee, unless a delay in the transfer's coming into effect makes it more convenient to return the licence to the existing licensee; or (b) in any other case--to the existing licensee; together with the notice of decision. PUBLIC HEALTH ACT 1997 - SECT 38 Activity licence--surrender (1) The holder of an activity licence may surrender the licence by giving to the Minister-- (a) a signed notice that the licence is being surrendered; and (b) the licence. (2) A licence that is under suspension may be surrendered under this section. PUBLIC HEALTH ACT 1997 - SECT 39 Activity licence--suspension and cancellation (1) The grounds for the suspension or cancellation of an activity licence under this section are as follows: (a) the obtaining of the licence by fraud or misrepresentation; (b) the contravention by the licensee or any defined influential person in relation to the licensee of this Act or a corresponding public health risk law; (c) the lack of competence of the licensee or of any defined influential person in relation to the licensee. (2) This section applies where the Minister has reasonable grounds for believing that-- (a) there exists a ground for the suspension or the cancellation of an activity licence under this section; and (b) it is desirable in the interests of public health to suspend or cancel the licence. (3) Where this section applies, the Minister shall give written notice to the licensee-- (a) specifying the ground upon which the Minister intends to suspend or cancel the licence; and (b) stating the facts and circumstances that, in the Minister's opinion, constitute that ground; and (c) informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice. (4) After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister shall, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee-- (a) in the case of a notice of intention to suspend the licence for a specified period--suspend the licence for that period, or for such shorter period as the Minister thinks fit; or (b) in the case of a notice of intention to cancel the licence--cancel the licence or suspend it for such period as the Minister thinks fit. (5) After the expiration of 28 days after the date of a notice under subsection (3), the Minister shall, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee to that effect. (6) The suspension or cancellation of a licence takes effect on-- (a) the date on which notice of the suspension or cancellation is given to the licensee; or (b) such later date as is specified in the notice. PUBLIC HEALTH ACT 1997 - SECT 40 Activity licence--emergency suspension (1) The grounds for the suspension of an activity licence under this section are as follows: (a) contravention by the licensee or any defined influential person in relation to the licensee of a condition to which the licence is subject; (b) subject to section 41, the giving of a prohibition notice to the licensee. (2) The Minister may, by notice in writing given to the holder of an activity licence, suspend the licence for a period not exceeding 6 months where the Minister has reasonable grounds for believing that-- (a) there exists a ground for the suspension of a licence under this section; and (b) it is necessary to suspend the licence in order to prevent or remove an imminent serious risk to public health. (3) A suspension takes effect on the date on which the notice is given to the licensee. (4) A notice of suspension shall-- (a) specify the ground upon which the licence is suspended; and (b) specify the period of the suspension; and (c) state the facts and circumstances that, in the Minister's opinion, constitute that ground. PUBLIC HEALTH ACT 1997 - SECT 41 Activity licence--automatic suspension (1) An activity licence is suspended by virtue of this subsection where an authorised officer gives the licensee a prohibition notice that contains a prohibition under section 61 (4) (a) in relation to the licensed activity. (2) A suspension under this section-- (a) takes effect-- (i) at the expiry of the period, or the latest-expiring period, specified in the prohibition notice under section 61 (5) (f); or (ii) if no such period is specified--when the notice is given; and (b) ceases when the prohibition notice is revoked. PUBLIC HEALTH ACT 1997 - SECT 42 Activity licence--return of defunct licences The holder of an activity licence that has been suspended or cancelled shall not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation. Maximum penalty: 5 penalty units. PUBLIC HEALTH ACT 1997 - SECT 42A Licensable public health risk activities--false representation (1) A person who is not the holder of an activity licence must not represent that he or she holds an activity licence. Maximum penalty: (a) for a person who is not a utility--30 penalty units; or (b) for a utility--2 000 penalty units. (2) The holder of an activity licence that is suspended must not represent that the licence is held without disclosing that the licence is suspended. Maximum penalty: (a) for a person who is not a utility--30 penalty units; or (b) for a utility--2 000 penalty units. (3) A person who is not accredited under an activity accreditation scheme must not falsely represent that he or she is accredited. Maximum penalty: (a) for a person who is not a utility--30 penalty units; or (b) for a utility--2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 42B Licensable public health risk activities--inspection A person who carries on a licensable public health risk activity must ensure that-- (a) if the person holds an activity licence--the licence is available for inspection by an authorised officer, at any reasonable time, at the premises where the activity is carried on; and (b) all records reasonably relevant to the activity (including records of licensing, conduct, accreditation and approval of activity premises alterations and procedure appliance alterations) are available for inspection by an authorised officer, at any reasonable time, at the premises where the activity is carried on. Maximum penalty: 5 penalty units. PUBLIC HEALTH ACT 1997 - SECT 42C Procedure licences--offences (1) A person must not perform a licensable public health risk procedure unless the person holds a procedure licence for the procedure. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person must not perform a licensable public health risk procedure except in accordance with a procedure licence. Maximum penalty: 50 penalty units. (3) This section does not apply to a person who is exempt under section 42D. PUBLIC HEALTH ACT 1997 - SECT 42D Exemption from licensing requirement--procedure accreditation schemes (1) For section 42C (3), a person who performs a licensable public health risk procedure is exempt from the requirement to be licensed if-- (a) the person is accredited in accordance with a procedure accreditation scheme for the activity; and (b) the person has not, during the previous year, contravened the procedure accreditation standards for the scheme (as modified, if at all, under section 42E); and (c) the person has not, during the previous year, contravened this Act or a corresponding public health risk law. (2) The Minister may determine-- (a) procedure accreditation schemes for licensable public health risk procedures; and (b) procedure accreditation standards for procedure accreditation schemes. (3) A determination may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (4) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 42E Procedure accreditation standards--modification (1) A person who performs a licensable public health risk procedure for which there is a procedure accreditation scheme may apply to the Minister for a modification of the procedure accreditation standards for the scheme as they apply to the person. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (2) The Minister may, by written notice, require the person to provide stated additional information about the application. (3) If the person complies with this section, the Minister must, by written notice to the person, make the modification to the standards sought by the person unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the performance of the licensable public health risk procedure. (4) If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 42F Alteration of appliances--offence (1) A person who performs a licensable public health risk procedure must not, except in accordance with an approval under section 42G, make a procedure appliance alteration if the alteration would increase the public health risk associated with the procedure. Maximum penalty: 50 penalty units. (2) For subsection (1), a procedure appliance alteration is taken to increase the public health risk associated with a public health risk procedure if there are reasonable grounds for the person who performs the procedure to believe that the alteration would increase the risk (irrespective of the person's actual belief). PUBLIC HEALTH ACT 1997 - SECT 42G Alteration of appliances--approval (1) A person who performs a licensable public health risk procedure may apply to the Minister for approval of a procedure appliance alteration. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (2) The Minister may, by written notice, require the person to provide stated additional information about the application. (3) If the person complies with this section, the Minister must, by written notice to the person, approve the procedure appliance alteration unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the performance of the licensable public health risk procedure. (4) If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 43 Procedure licence--application (1) A person may apply to the Minister for a licence to perform a public health risk procedure. (2) An application must-- (a) be signed by the applicant; and (b) state the public health risk procedure. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. PUBLIC HEALTH ACT 1997 - SECT 44 Procedure licence--further information The Minister may, by written notice, require an applicant for a procedure licence to provide specified further information in writing about the application. PUBLIC HEALTH ACT 1997 - SECT 45 Procedure licence--grant or refusal (1) Where an application for a procedure licence has been made in accordance with section 43, the Minister shall, by notice in writing to the applicant-- (a) grant the licence; or (b) refuse to grant the licence. (2) The Minister shall not refuse to grant a procedure licence unless he or she is satisfied, after taking into account the matters referred to in subsection (4), that the applicant is not suitable to hold a procedure licence. (3) A procedure licence may be granted subject to specified conditions. (4) For the purposes of making a decision under subsection (1) or (3), the Minister shall have regard to the following matters: (a) the competence and experience of the applicant; (b) any previous contravention by the applicant of this Act or a corresponding public health risk law; (c) any other matters that, in the interests of public health, the Minister believes to be relevant. PUBLIC HEALTH ACT 1997 - SECT 46 Procedure licence--form A procedure licence must state-- (a) the name of the licensee; and (b) the licensed public health risk procedure; and (c) any conditions to which the licence is subject. Note If a form is approved under s 137A (Approved forms) for a licence, the form must be used. PUBLIC HEALTH ACT 1997 - SECT 47 Procedure licence--annual fees The holder of a procedure licence shall, on or before the anniversary of the grant of the licence, pay to the Minister the fee determined under section 137 (Determination of fees) for this section. PUBLIC HEALTH ACT 1997 - SECT 48 Procedure licence--suspension and cancellation for failure to pay annual fee (1) Where a fee payable under section 47 is not paid in accordance with that section, the licence is, by virtue of this subsection, suspended. (2) A suspension under subsection (1)-- (a) takes effect on the day after the relevant anniversary of the grant of the licence; and (b) ceases when the fee payable under section 47 is paid or the licence is cancelled under subsection (3) of this section, whichever first occurs. (3) On or after the day notified under subsection (4), the Minister may cancel a licence that has remained suspended by virtue of subsection (2) for a period of not less than 3 months. (4) The Minister shall not cancel a licence under subsection (3) unless, at least 1 month before doing so, he or she gives the licensee a written notice stating that unless the appropriate fee is paid, the licence may be cancelled on or after a specified day. (5) Where a licence that is under suspension by virtue of another section of this Act (the other suspension)-- (a) is also under suspension by virtue of subsection (1) (this suspension); and (b) this suspension ceases by virtue of subsection (2) (b); the cessation of this suspension does not affect the other suspension. (6) In this section: "licence" includes a licence that is under suspension under another section of this Act. PUBLIC HEALTH ACT 1997 - SECT 49 Procedure licence--variation (1) On application by the holder of a procedure licence, the Minister shall, if satisfied that it is not prejudicial to the interests of public health to do so, vary the licence accordingly by notice in writing given to the licensee. (2) Where the Minister has reasonable grounds for believing that it is desirable to vary a procedure licence in the interests of public health, the Minister shall give the licensee a written notice-- (a) stating the reasons why the Minister intends to vary the licence; and (b) informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice. (3) After the expiration of the period specified in a notice under subsection (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence, by notice in writing to the licensee. (4) After the expiration of the period specified in a notice under subsection (2) (b), the Minister shall, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect. (5) The variation of a licence takes effect on-- (a) the date on which notice of the variation is given to the licensee; or (b) such later date as is specified in the notice of variation. (6) In this section: "licence" includes a suspended licence. "vary", in relation to a licence, includes-- (a) vary a licence condition; and (b) revoke a licence condition; and (c) impose a licence condition. PUBLIC HEALTH ACT 1997 - SECT 50 Procedure licence--return for endorsement of variation (1) The holder of a procedure licence that has been varied shall not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the variation. Maximum penalty: 5 penalty units. (2) As soon as practicable after the return of a licence under subsection (1), the Minister shall endorse the variation on the licence and return it to the licensee. PUBLIC HEALTH ACT 1997 - SECT 51 Procedure licence--duration A procedure licence remains in force, except while it is suspended, until it is surrendered or cancelled. PUBLIC HEALTH ACT 1997 - SECT 52 Procedure licence--surrender (1) The holder of a procedure licence may surrender the licence by giving to the Minister-- (a) a signed notice that the licence is being surrendered; and (b) the licence. (2) A licence that is under suspension may be surrendered under this section. PUBLIC HEALTH ACT 1997 - SECT 53 Procedure licence--suspension and cancellation (1) The grounds for the suspension or cancellation of a procedure licence under this section are as follows: (a) the obtaining of the licence by fraud or misrepresentation; (b) contravention by the licensee of this Act or of a corresponding public health risk law; (c) the lack of competence of the licensee. (2) This section applies where the Minister has reasonable grounds for believing that-- (a) there exists a ground for the suspension or cancellation of a procedure licence under this section; and (b) it is desirable in the interests of public health to suspend or cancel the licence. (3) Where this section applies, the Minister shall give written notice to the licensee-- (a) specifying the ground upon which the Minister intends to suspend or cancel the licence; and (b) stating the facts and circumstances that, in the Minister's opinion, constitute that ground; and (c) informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice. (4) After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister shall, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee-- (a) in the case of a notice of intention to suspend the licence for a specified period--suspend the licence for that period, or for such shorter period as the Minister thinks fit; or (b) in the case of a notice of intention to cancel the licence--cancel the licence or suspend it for such period as the Minister thinks fit. (5) After the expiration of 28 days after the date of a notice under subsection (3), the Minister shall, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee of his or her decision not to suspend or cancel the licence. (6) The suspension or cancellation of a licence takes effect on-- (a) the date on which notice of the suspension or cancellation is given to the licensee; or (b) such later date as is specified in the notice. PUBLIC HEALTH ACT 1997 - SECT 54 Procedure licence--emergency suspension (1) The grounds for the suspension of a procedure licence under this section are as follows: (a) contravention by the licensee of a condition to which the licence is subject; (b) subject to section 55, the giving of a prohibition notice to the licensee. (2) The Minister may, by notice in writing given to the holder of a procedure licence, suspend the licence for a period not exceeding 6 months where the Minister has reasonable grounds for believing that-- (a) there exists a ground for the suspension of a licence under this section; and (b) it is necessary to suspend the licence in order to prevent or remove an imminent serious risk to public health. (3) A suspension takes effect on the date on which the notice is given to the licensee. (4) A notice of suspension shall-- (a) specify the ground upon which the licence is suspended; and (b) specify the period of the suspension; and (c) state the facts and circumstances that, in the Minister's opinion, constitute that ground. PUBLIC HEALTH ACT 1997 - SECT 55 Procedure licence--automatic suspension (1) A procedure licence is suspended by virtue of this subsection where an authorised officer gives the licensee a prohibition notice that contains a prohibition under section 61 (4) (a) in relation to the licensed procedure. (2) A suspension under this section-- (a) takes effect-- (i) at the expiry of the period, or the latest-expiring period, specified in the prohibition notice under section 61 (5) (f); or (ii) if no such period is specified--when the notice is given; and (b) ceases when the prohibition notice is revoked. PUBLIC HEALTH ACT 1997 - SECT 56 Procedure licence--return of defunct licences The holder of a procedure licence that has been suspended or cancelled shall not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation. Maximum penalty: 5 penalty units. PUBLIC HEALTH ACT 1997 - SECT 56A Licensable public health risk procedures--false representation (1) A person who is not the holder of a procedure licence must not represent that he or she holds a procedure licence. Maximum penalty: 30 penalty units. (2) The holder of a procedure licence that is suspended must not represent that the licence is held without disclosing that the licence is suspended. Maximum penalty: 30 penalty units. (3) A person who is not accredited under a procedure accreditation scheme must not falsely represent that he or she is accredited. Maximum penalty: 30 penalty units. PUBLIC HEALTH ACT 1997 - SECT 56B Procedure licence--inspection A person who performs a licensable public health risk procedure must ensure that-- (a) if the person holds a procedure licence--the licence is available for inspection by an authorised officer, at any reasonable time, at the premises where the procedure is performed; and (b) all records reasonably relevant to the procedure (including records of licensing, conduct, accreditation and approval of procedure appliance alterations) are available for inspection by an authorised officer, at any reasonable time, at the premises where the procedure is performed. Maximum penalty: 5 penalty units. PUBLIC HEALTH ACT 1997 - SECT 56C Registrable public health risk activities--offences (1) A person must not carry on a registrable public health risk activity unless the person-- (a) is registered to carry on the activity; or (b) is a defined influential person in relation to a person who is registered to carry on the activity. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) If a person is registered to carry on a location-specific public health risk activity, the person must not carry on the activity except at the registered location. Maximum penalty: 50 penalty units. PUBLIC HEALTH ACT 1997 - SECT 56D Activity register (1) The Minister must keep a register of registrable public health risk activities (the activity register) showing the following information for each activity: (a) the nature of the activity, and whether the activity is location-specific; (b) the date of its declaration under section 18; (c) if the declaration is varied--the date and nature of the variation; (d) if the declaration is revoked--the date of revocation. (2) The register may be kept in electronic form. (3) The Minister must ensure that the register is available for public inspection (at no cost) during normal business hours on business days. PUBLIC HEALTH ACT 1997 - SECT 56E Registered people register (1) The Minister must keep a register of registered people (the registered people register) showing the following information for each person: (a) the information on the person's registration certificate (as varied, if at all, under this division); (b) if the registration is transferred--details of the transfer; (c) if the registration is suspended--the date of suspension, a brief indication of the reasons for suspension and the date of lifting of the suspension (if applicable); (d) if the registration is cancelled--the date of cancellation and a brief indication of the reasons for cancellation; (e) if the registration is surrendered--the date of surrender. (2) The register may be kept in electronic form. (3) The Minister must ensure that the register is available for public inspection (at no cost) during normal business hours on business days. PUBLIC HEALTH ACT 1997 - SECT 56F Registration--application (1) A person may apply to the Minister for registration to carry on a registrable public health risk activity. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (2) The Minister may, by written notice, require the applicant to provide stated additional information about the application. PUBLIC HEALTH ACT 1997 - SECT 56G Registration--grant or refusal (1) If-- (a) a person applies to the Minister under section 56F for registration to carry on a registrable public health risk activity; and (b) the person complies with that section; the Minister must register the person by giving the person a registration certificate unless subsection (2) or (3) applies. (2) The Minister must refuse to register the person if the person, or a defined influential person in relation to the person, has previously contravened this Act or a corresponding public health risk law, unless the Minister is satisfied on reasonable grounds that any similar contravention by the person, or a defined influential person in relation to the person, is not likely to recur. (3) The Minister must refuse to register the person if the registration of the person, or a defined influential person in relation to the person, to carry on the registrable public health risk activity (whether at the location or locations applied for, or elsewhere) has been cancelled during the previous year, or is under suspension at the time of the application. PUBLIC HEALTH ACT 1997 - SECT 56H Registration--certificate A registration certificate must include the following information: (a) the name of the registered person; (b) the nature of the registered activity (and whether it is location-specific); (c) the location for which the activity is registered, including the address of the premises (or each premises), and the precise location on the premises, where the activity is authorised to be carried on; (d) the period for which registration is granted; (e) the name and address of the owner of the registered premises (or each registered premises); (f) the name and address of the manager of the registered premises (or each registered premises); (g) the name and address of the owner of the equipment associated with the carrying on of the registered activity; (h) the name and address of the manager of the equipment associated with the carrying on of the registered activity. Note If a form is approved under s 137A (Approved forms) for a registration certificate, the form must be used. PUBLIC HEALTH ACT 1997 - SECT 56J Registration--duration Registration is granted for the period stated in the registration certificate, but may be renewed under section 56K. PUBLIC HEALTH ACT 1997 - SECT 56K Registration--renewal (1) A registered person may, before the end of the current period of registration, apply to the Minister for renewal of the registration. (2) The application must be in writing signed by the registered person. Note A fee may determined under s 137 (Determination of fees) for this section. (3) If the registered person complies with this section, the Minister must renew the registration for a period of the same length as the current period of registration. (4) If the registration is suspended, it may be renewed, but the renewal does not result in the suspension being lifted. PUBLIC HEALTH ACT 1997 - SECT 56L Registration--change of information (1) A registered person (other than a person registered to carry on a location-specific registrable public health risk activity) must give the Minister written notice of a change to the registered location of the registered activity (including any additional location) within 14 days after the change. Maximum penalty: 5 penalty units. (2) The registered location of a location-specific registrable public health risk activity may not be changed by notice under this section. (3) A registered person must give the Minister written notice of a change to the name or address of the owner or manager of the registered premises, or of the owner or manager of equipment associated with the carrying on of the registered activity, within 14 days after the registered person is first given notice of the change or otherwise becomes aware of it. Maximum penalty: 5 penalty units. (4) If the Minister receives written notice of a change of information in a registration certificate, the Minister must vary the registration certificate accordingly. (5) The variation takes effect on the later of the following days: (a) the day when the change happens; (b) the day when the Minister was given written notice of the change. PUBLIC HEALTH ACT 1997 - SECT 56M Registration--application for approval of transfer (1) A registered person (except a person whose registration is suspended), and a person to whom it is proposed to transfer the registration, may jointly apply for approval of the transfer. (2) The application must be accompanied by the registration certificate. Note 1 A fee may determined under s 137 (Determination of fees) for this section. Note 2 If a form is approved under s 137A (Approved forms) for an application, the form must be used. (3) The Minister may, by written notice, require the proposed transferee to provide stated additional information about the application. PUBLIC HEALTH ACT 1997 - SECT 56N Registration--grant or refusal of transfer (1) If-- (a) a registered person, and a person to whom it is proposed to transfer the registration, jointly apply to the Minister under section 56M for approval of the transfer of the registration; and (b) they comply with that section; the Minister must approve the transfer unless subsection (2) or (3) applies. (2) The Minister must refuse to approve the transfer if the proposed transferee, or a defined influential person in relation to the proposed transferee, has previously contravened this Act or a corresponding public health risk law, unless the Minister is satisfied on reasonable grounds that any similar contravention by the proposed transferee, or a defined influential person in relation to the proposed transferee, is not likely to recur. (3) The Minister must refuse to approve the transfer if the registration of the proposed transferee, or of a defined influential person in relation to the proposed transferee, to carry on the registrable public health risk activity (whether at the location or locations applied for, or elsewhere) has been cancelled during the previous year, or is under suspension at the time of the application. (4) The Minister must give written notice of the Minister's decision on the application to the registered person and the proposed transferee. (5) If the Minister approves the transfer of registration, the transfer takes effect on the day the proposed transferee is given written notice of the decision or, if a later date of effect is stated in the notice, the stated day. (6) If the Minister approves the transfer of registration, the Minister may vary the registration period if the proposed transferee asks for it to be varied. PUBLIC HEALTH ACT 1997 - SECT 56P Registration--notified suspension and cancellation (1) The grounds for the suspension or cancellation under this section (the notified suspension or cancellation) of a registration are as follows: (a) the obtaining of the registration by fraud or misrepresentation; (b) the contravention of this Act or a corresponding public health risk law by the registered person or any defined influential person in relation to the registered person. (2) This section applies if the Minister believes on reasonable grounds that-- (a) there is a ground for notified suspension or cancellation of a registration; and (b) it is desirable in the interests of public health to suspend or cancel the registration (the proposed action). (3) The Minister must give written notice to the registered person that-- (a) states the proposed action, including any proposed suspension period; and (b) states the ground for the proposed action; and (c) states the facts and circumstances that, in the Minister's opinion, constitute the ground; and (d) invites the person to make written representations, within a stated period of at least 28 days after the person is given the notice, why the proposed action should not be taken. (4) If, after considering any written representations made by the registered person within the stated period, the Minister is satisfied on reasonable grounds that a ground exists for notified suspension or cancellation of the registration, the Minister may-- (a) if the proposed action was to cancel the registration--either cancel the registration or suspend the registration for not longer than 1 year; or (b) if the proposed action was to suspend the registration for a stated period--suspend the registration for not longer than the stated period. (5) The Minister must tell the registered person in writing of the decision. (6) If the Minister decides to cancel or suspend the registration, the Minister must also tell the person in writing when the cancellation or suspension takes effect. (7) The cancellation or suspension must not take effect earlier than the day when the registered person is told about the decision. PUBLIC HEALTH ACT 1997 - SECT 56Q Registration--automatic suspension (prohibition notice) (1) Registration is automatically suspended if the registered activity is prohibited by a prohibition notice under section 61 (4) (a). (2) The suspension takes effect-- (a) at the end of the period (if any) stated in the prohibition notice under section 61 (5) (f); or (b) if no period is specified--when the prohibition notice is given. (3) The suspension ceases when the prohibition notice is revoked. PUBLIC HEALTH ACT 1997 - SECT 56R Registration--return of suspended or cancelled certificates A person whose registration is suspended or cancelled must not, without reasonable excuse, fail to return the registration certificate to the Minister within 7 days after the date of effect of the suspension or cancellation. Maximum penalty: 5 penalty units. PUBLIC HEALTH ACT 1997 - SECT 56S Registration--surrender (1) A registered person may surrender registration by returning the registration certificate to the Minister with a signed notice stating that the registration is surrendered. (2) A registered person may surrender registration while the registration is suspended. PUBLIC HEALTH ACT 1997 - SECT 56T Registration--false representation (1) A person other than a registered person must not represent that he or she is a registered person. Maximum penalty: 30 penalty units. (2) A person whose registration is suspended must not represent that he or she is registered without disclosing that the registration is suspended. Maximum penalty: 30 penalty units. PUBLIC HEALTH ACT 1997 - SECT 56U Registration--inspection A registered person must ensure that-- (a) the registration certificate is available for inspection by an authorised officer, at any reasonable time, at premises where the registered activity is carried on; and (b) any records associated with the registration or conduct of the registered activity are available for inspection by an authorised officer, at any reasonable time, at premises where the activity is carried on. Maximum penalty: 5 penalty units. PUBLIC HEALTH ACT 1997 - SECT 57 Improvement notice--compliance A person to whom an improvement notice is issued shall not, without reasonable excuse, fail to comply with the notice. Maximum penalty: (a) for a person who is not a utility--100 penalty units; or (b) for a utility--2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 58 Improvement notice--issue (1) This section applies where an authorised officer has reasonable grounds for believing that a person who is carrying on a public health risk activity or performing a public health risk procedure is contravening or likely to contravene this Act. (2) Where this section applies, the authorised officer may issue an improvement notice to the person carrying on the activity or performing the procedure, as the case may be. Note For how documents may be served, see Legislation Act, pt 19.5. (3) If the person carrying on a public health risk activity to whom an improvement notice is issued is not in charge of the premises where that activity is carried on, the authorised officer shall give a copy of a notice under subsection (2) to the person in charge of those premises. (4) An improvement notice shall specify the following matters: (a) the contravention that the authorised officer believes is occurring or is likely to occur and the reasons for that belief; (b) a period or periods within which the person to whom the notice is given is required to rectify the matters or activities to which the notice relates. (5) An improvement notice may specify action that the person to whom the notice is given is to take in order to comply with the notice. (6) An improvement notice continues in force until revoked in accordance with section 60. PUBLIC HEALTH ACT 1997 - SECT 59 Improvement notice--extension of compliance period (1) Before the end of a compliance period specified in an improvement notice under section 58 (4) (b), an authorised officer may extend the period. (2) An extension-- (a) may be given on the application of the person to whom the improvement notice was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the notice was issued. (3) If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 60 Improvement notice--revocation (1) An authorised officer shall revoke an improvement notice if satisfied, after carrying out an appropriate inspection, that the notice has been complied with. (2) A revocation-- (a) may be issued on the application of the person to whom the notice was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the notice was issued. (3) An application for revocation shall-- (a) be made in writing; and (b) be addressed to the authorised officer who issued the notice; and (c) specify the action taken to comply with the notice by the person to whom it was issued; and (d) nominate a date on or after which an inspection may be made. Note A fee may determined under s 137 (Determination of fees) for this section. (4) If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 61 Prohibition notice--issue (1) This section applies where an authorised officer has reasonable grounds for believing that imminent serious risk to public health is being caused by, or is likely to be caused by-- (a) the manner in which a public health risk activity is being carried on, or a public health risk procedure is being performed; or (b) the use being made of premises on which a public health risk activity is carried on; or (c) the state or condition of premises on which a public health risk activity is carried on. (2) Where this section applies to a public health risk activity or a public health risk procedure, the authorised officer may issue a prohibition notice to the person carrying on the activity or performing the procedure. Note For how documents may be served, see Legislation Act, pt 19.5. (3) If the person carrying on a public health risk activity, or performing a public health risk procedure, to which a prohibition notice relates is not in charge of the premises where that activity or procedure is carried on or performed, the authorised officer shall give a copy of a notice under subsection (2) to the person in charge of those premises. (4) A prohibition notice may prohibit the person to whom it is issued from undertaking, or permitting, any or all of the following actions in relation to a public health risk activity or a public health risk procedure: (a) the carrying on of the activity or the performance of the procedure; (b) the carrying on of the activity or the performance of the procedure except in accordance with specified directions; (c) the use of specified premises for the activity or procedure. (5) Without limiting the generality of subsection (4), a prohibition notice may include any or all of the following directions in relation to a public health risk activity or a public health risk procedure: (a) directions that the activity or procedure, or a specified aspect of the activity or procedure, is only to be carried on or performed in a part of specified premises (or is not to be carried on or performed in a part of such premises); (b) directions that any substance, compound or article is, or is not, to be used in connection with the activity or procedure; (c) directions that the activity or procedure be carried on or performed in a specified manner; (d) directions for the impounding or isolation of any appliance; (e) directions for the destruction or disposal, in a manner specified in the notice, of any appliance; (f) directions specifying a period within which the person to whom the notice is given is to comply with any direction. (6) A prohibition notice continues in force until revoked in accordance with section 65. PUBLIC HEALTH ACT 1997 - SECT 62 Prohibition notice--extension of compliance period (1) Before the end of a compliance period specified in a prohibition notice under section 61 (5) (f), an authorised officer may extend the period. (2) An extension-- (a) may be given on the application of the person to whom the prohibition notice was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the notice was issued. (3) If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 63 Prohibition notice--display (1) A person to whom a prohibition notice has been issued shall cause a copy of that notice to be displayed, and to be kept displayed, so as to be readily visible to persons entering each premises specified in the notice by way of any public entrance to those premises. (2) A person shall not, without reasonable excuse, contravene subsection (1). Maximum penalty (subsection (2)): 10 penalty units. PUBLIC HEALTH ACT 1997 - SECT 64 Prohibition notice--implementation (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 section 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. PUBLIC HEALTH ACT 1997 - SECT 65 Prohibition notice--revocation (1) An authorised officer shall revoke a prohibition notice if satisfied, after carrying out an appropriate inspection-- (a) that the notice has been complied with; and (b) that adequate measures have been taken to prevent or remove the serious risk to public health that gave rise to the issue of the notice. (2) A revocation-- (a) may be issued on the application of the person to whom the notice was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the notice was issued. (3) An application for revocation shall-- (a) be made in writing; and (b) be addressed to the authorised officer who issued the notice; and (c) specify the action taken to comply with the notice by the person to whom it was issued; and (d) nominate a date on or after which an inspection may be made. Note A fee may determined under s 137 (Determination of fees) for this section. (4) If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 66 Prohibition orders (1) The chief health officer may apply to the Magistrates Court for an order that a person to whom a prohibition notice has been issued comply with the notice. (2) For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged risk to public health. (3) On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, if satisfied that the action or inaction of the person to whom the prohibition notice was issued has given rise to a serious and imminent risk to public health, the court may make any of the following orders in relation to the person: (a) that the person comply with the notice within a period (if any) specified in the order; (b) that in order to prevent or alleviate the relevant public health risk, the person comply with any specified requirement in addition to any specified in the notice within a period (if any) specified in the order; (c) an order that the person pay the Territory an amount equal to no more than-- (i) for an individual (other than a utility)--$10 000; or (ii) for a corporation (other than a utility)--$50 000; or (iii) for a utility who is an individual--$200 000; or (iv) for a utility that is a corporation--$1 000 000. (d) an order giving directions about the payment of all or any of the costs and expenses of the application. (4) A person shall comply with an order under subsection (3) (a) or (b). Maximum penalty: (a) for a person who is not a utility--100 penalty units, imprisonment for 1 year or both; or (b) for a utility--2,000 penalty units, imprisonment for 1 year or both. (5) For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order-- (a) after the expiration of any compliance period specified in the order; 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 order, and in the interests of public health. (6) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued. (7) The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied-- (a) that the order has been complied with; and (b) that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order. PUBLIC HEALTH ACT 1997 - SECT 66A Definitions--div 3A.1 In this division: "approval" means an approval under section 66C. "approved person" means a person who holds a current approval. "course of instruction" means a course approved under section 66B. "health worker" means a person who has completed a course of instruction. PUBLIC HEALTH ACT 1997 - SECT 66B Courses of instruction (1) The Minister may approve a course about appropriate health counselling and the hygienic distribution, use, collection and disposal of syringes. Note Syringe includes the needle section or the plunger section of a syringe (see dict). (2) An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 66C Distribution of syringes--approval (1) A doctor, pharmacist, nurse, midwife or health worker may apply to the chief health officer for approval to supply syringes. (2) An application shall-- (a) be in writing signed by the applicant; and (b) state the full name of the applicant and his or her occupational, business or private address; and (c) set out details of the applicant's occupation or business; and (d) if the applicant is a health worker--set out particulars of the most recent course of instruction that the applicant has completed. (3) If, on an application in accordance with this section, the chief health officer is satisfied that-- (a) having regard to-- (i) the desirability of preventing the spread of disease; and (ii) the number of approved persons; there is a need for an additional person to be approved; and (b) the applicant has attended a course of instruction; and (c) the applicant is a fit and proper person to be approved; the chief health officer shall grant an approval to the applicant. (4) An approval shall specify-- (a) the full name and address of the approved person; and (b) the capacity in which the person is approved; and (c) an identifying number; and (d) the period for which the approval is granted. (5) An approval granted to a health worker may be made subject to the condition that the health worker attend a further course of instruction. PUBLIC HEALTH ACT 1997 - SECT 66D Approval--surrender (1) An approved person may surrender the approval by giving written notice of surrender to the chief health officer. (2) The surrender of an approval takes effect on the date the notice of surrender is given, or on a later date that may be specified in the notice for that purpose. PUBLIC HEALTH ACT 1997 - SECT 66E Approval--cancellation (1) If the chief health officer believes on reasonable grounds that an approved person-- (a) without reasonable excuse, has not attended a course of instruction, if that attendance is a condition to which the person's approval is subject; or (b) has been convicted of an offence against section 66H and section 66I; or (c) is no longer a fit and proper person to hold an approval; or the chief health officer may cancel that person's approval. (2) The cancellation of an approval takes effect on the date the notice of cancellation is given under section 131. PUBLIC HEALTH ACT 1997 - SECT 66F Approval--duration An approval shall remain in force, unless sooner cancelled, for 12 months beginning on the date the approval was granted, and may be renewed in accordance with section 66G. PUBLIC HEALTH ACT 1997 - SECT 66G Approval--renewal (1) An approved person may, at any time before the end of the term of the approval, apply to the chief health officer for a renewal of the approval. (2) An application for the renewal of an approval shall be in writing signed by the approval holder. (3) On application for the renewal of an approval, the chief health officer shall renew the approval for a further 12 months, beginning on the day immediately following the day when, apart from its renewal, the approval would have ended. (4) A renewal of an approval of a health worker under this section may be made subject to the condition that the health worker attend a further course of instruction. PUBLIC HEALTH ACT 1997 - SECT 66H Approval--production to police On request by a police officer, an approved person shall not, without reasonable excuse, fail to produce the approval for inspection by the police officer. Maximum penalty: 10 penalty units. PUBLIC HEALTH ACT 1997 - SECT 66I Approval--lending to another person An approved person shall not lend or give the approval to another person for the purpose of assisting the person to supply syringes. Maximum penalty: 10 penalty units. PUBLIC HEALTH ACT 1997 - SECT 66J Approval--no liability for ancillary offences (1) An approved person who supplies a syringe to another person shall not, only because of that supply, be taken to commit any offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility) if-- (a) the supply is in the course of the professional practice or occupational duties of the approved person; and (b) the approved person has reasonable grounds for believing that-- (i) the syringe might be used for the purpose of the administration to the other person of a controlled drug under the Criminal Code, section 600; and (ii) the supply of the syringe might assist in preventing the spread of disease. (2) A person who prints or publishes a notice, announcement or advertisement in any form about the supply by approved persons of syringes in the circumstances referred to in subsection (1) shall not, only because of that printing or publishing, be taken to have committed any offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility). PUBLIC HEALTH ACT 1997 - SECT 66K Return of approval to chief health officer On ceasing to be an approved person, a person shall not, without reasonable excuse, fail to return the approval to the chief health officer. Maximum penalty: 10 penalty units. PUBLIC HEALTH ACT 1997 - SECT 66L Definitions--div 3A.2 In this division: "approved person" means a person who holds a current vending machine approval. "vending machine" means a machine or device from which syringes can be obtained, including by 1 or more of the following: (a) electronic funds transfer; (b) inserting money, a token or other object. Examples of other objects--par (b) 1 credit card 2 debit card 3 key Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). vending machine approval means an approval under section 66O. PUBLIC HEALTH ACT 1997 - SECT 66M Application for vending machine approval A person may apply in writing to the chief health officer for approval to supply syringes by way of vending machine. Note If a form is approved under s 205 for this provision, the form must be used. PUBLIC HEALTH ACT 1997 - SECT 66N Further information for vending machine approval application (1) The chief health officer may, by written notice given to the applicant, require the applicant to give the chief health officer further stated information or a document that the chief health officer reasonably needs to decide the application. (2) If the applicant fails to comply with a requirement under subsection (1), the chief health officer may refuse to consider the application further. PUBLIC HEALTH ACT 1997 - SECT 66O Decision about vending machine approval application (1) The chief health officer must-- (a) give the applicant approval to supply syringes by way of vending machine; or (b) refuse to give the approval. (2) In deciding the application, the chief health officer must consider-- (a) the public interest, including the desirability of preventing the spread of disease; and (b) the existing availability of syringes. (3) Subsection (2) does not limit the matters that the chief health officer may consider. (4) A vending machine approval must be given in writing and must state-- (a) the full name and address of the person to whom the approval is given; and (b) the period for which the approval is given. PUBLIC HEALTH ACT 1997 - SECT 66P Vending machine approval--conditions (1) A vending machine approval is subject to the conditions stated in the approval. (2) The conditions must include requirements relating to-- (a) the number of vending machines that may be installed under the approval; and (b) where each machine is to be located; and (c) the syringes that may be supplied from the machines; and (d) maintenance of the machines. (3) The conditions may include any other requirements the chief health officer considers appropriate. Examples of other requirements 1 information to be displayed or available at the machine 2 frequency of inspection 3 keeping of records Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). PUBLIC HEALTH ACT 1997 - SECT 66Q Vending machine approval--surrender (1) An approved person may surrender his or her vending machine approval by giving written notice of surrender to the chief health officer. (2) The surrender of an approval takes effect on-- (a) the day, and, the time on that day, the notice of surrender is given to the chief health officer; or (b) if a later date of effect is stated in the notice--that date. PUBLIC HEALTH ACT 1997 - SECT 66R Vending machine approval--cancellation (1) The chief health officer may cancel a person's vending machine approval if the chief health officer believes, on reasonable grounds, that the person has contravened a condition of the approval. (2) The cancellation of a vending machine approval takes effect on the day the notice of the cancellation is given under section 131. PUBLIC HEALTH ACT 1997 - SECT 66S Vending machine approval--return on surrender or cancellation (1) A person commits an offence if-- (a) the person's vending machine approval is surrendered or cancelled; and (b) the person fails to take all reasonable steps to return the approval to the chief health officer as soon as practicable (but within 7 days) after the day the surrender or cancellation takes effect. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. PUBLIC HEALTH ACT 1997 - SECT 66T Vending machine approval--no liability for ancillary offences (1) An approved person, or someone acting for an approved person, does not commit an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility) only because of something done by the person for the purpose of supplying syringes under a vending machine approval and in accordance with the conditions of the approval. (2) A person who prints or publishes a notice, announcement or advertisement in any form about the supply by people of syringes in the circumstances mentioned in subsection (1) does not, only because of that printing or publishing, commit an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility). PUBLIC HEALTH ACT 1997 - SECT 66U Definitions--div 3A.3 In this division: "commencement day" means the day this section commences. "Drugs of Dependence Act" means the Drugs of Dependence Act 1989 as in force immediately before the commencement day. PUBLIC HEALTH ACT 1997 - SECT 66V Transitional--existing approvals under Drugs of Dependence Act to distribute syringes (1) An approval (an old approval) under the Drugs of Dependence Act, section 86 (Distribution of syringes--approval) is, if the approval was in force immediately before the commencement day, taken to be an approval (a new approval) under section 66C. (2) An approval (also an old approval) under the Drugs of Dependence Act, section 94D (Decision about vending machine approval application) is, if the approval was in force immediately before the commencement day, taken to be an approval (also a new approval) under section 66O. (3) A new approval under section 66C continues in force for the unexpired period of the old approval before the commencement day unless the new approval is ended under this Act. (4) A new approval under section 66O continues in force unless it is ended under this Act. (5) A new approval continues to be subject to any condition to which the old approval was subject immediately before the commencement day until the condition ceases to have effect or is removed or varied under this Act. (6) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies. PUBLIC HEALTH ACT 1997 - SECT 66W Transitional--uncompleted applications for ACAT review (1) This section applies if-- (a) before the commencement day, an application for review to the ACAT had been made in relation to an old approval; and (b) immediately before the commencement day, the proceeding on the application had not ended. (2) If this section applies-- (a) the proceeding may be continued as if the application for review had been made in relation to the new approval; and (b) the decision-maker is taken to be the chief health officer. (3) For this section, the ACAT may give any direction the ACAT considers necessary or desirable to facilitate a matter in relation to the application for review. (4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies. (5) In this section: "new approval"--see section 66V. "old approval"--see section 66V. PUBLIC HEALTH ACT 1997 - SECT 66X Expiry--div 3A.3 This division expires 2 years after the commencement day. PUBLIC HEALTH ACT 1997 - SECT 67 Offence--insanitary conditions A person shall not-- (a) cause a condition, state or activity that the person has reasonable grounds for believing to be an insanitary condition; or (b) allow or suffer a condition, state or activity that the person has reasonable grounds for believing to be an insanitary condition to exist on, or to emanate from, a place occupied by that person. Maximum penalty: 50 penalty units. PUBLIC HEALTH ACT 1997 - SECT 68 Complaints about insanitary conditions (1) A person may give a written complaint to an authorised officer alleging the existence of an insanitary condition. (2) An authorised officer shall investigate a complaint given under subsection (1). (3) If, upon investigation, an authorised officer decides not to issue an abatement notice in relation to the alleged insanitary condition, the officer shall give a written notice of that decision to the complainant, informing him or her in addition about any available methods for settling the matter privately. PUBLIC HEALTH ACT 1997 - SECT 69 Abatement notices--issue (1) If an authorised officer has reasonable grounds for believing that an insanitary condition exists, he or she may issue an abatement notice to-- (a) the person causing the condition; or (b) if that person cannot be identified--the person who occupies the place at which the condition exists, or from which it emanates. Note For how documents may be served, see Legislation Act, pt 19.5. (2) In determining whether to issue an abatement notice in relation to a condition, state or activity, an authorised officer-- (a) shall have regard to the number of persons affected, or potentially affected, by the condition, state or activity; and (b) shall have regard to the degree, or potential degree, of public health risk, damage to public health or offensiveness to community health standards resulting from the condition, state or activity; and (c) may have regard to any reasonable precautions that a person causing the relevant condition, state or activity has or has not taken to avoid or minimise the adverse effect, or the potential adverse effect, of the condition, state or activity; and (d) may have regard to any reasonable precautions that a person adversely affected, or potentially adversely affected, by the relevant condition, state or activity has or has not taken to avoid or minimise the effect, or potential effect, of the condition, state or activity on his or her health or on the health of any other person for whose care, support or education the person is responsible. (3) An abatement notice-- (a) shall specify the insanitary condition which is required to be abated; and (b) shall specify the period within which the insanitary condition is to be abated; and (c) may specify steps to be taken to prevent the recurrence of the insanitary condition and the period or periods within which they are to be undertaken. (4) An abatement notice continues in force until revoked in accordance with section 72. PUBLIC HEALTH ACT 1997 - SECT 70 Abatement notice--extension of compliance period (1) Before the end of a compliance period specified in an abatement notice under section 69 (3) (b) or (c), an authorised officer may extend the period. (2) An extension-- (a) may be given on the application of the person to whom the abatement notice was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the notice was issued. (3) If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 71 Abatement notice--implementation (1) An authorised officer may, subject to this section, do whatever he or she has reasonable grounds for believing to be necessary to implement an abatement notice after the expiration of the compliance period specified under section 69 (3) (b) (as extended, if at all, under section 70). (2) An authorised officer shall only implement an abatement notice under subsection (1) if he or she has reasonable grounds for believing that it is necessary to do so to avert an imminent and serious risk to public health. (3) For the purpose of implementing an abatement 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. (4) An authorised officer who enters a place pursuant to subsection (3) 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. (5) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an abatement notice under this section are a debt due to the Territory by the person to whom the notice was issued. PUBLIC HEALTH ACT 1997 - SECT 72 Abatement notice--revocation (1) An authorised officer shall revoke an abatement notice if satisfied, after carrying out an appropriate inspection-- (a) that the notice has been complied with; and (b) that adequate measures have been taken to prevent the recurrence of the relevant insanitary condition. (2) A revocation-- (a) may be issued on the application of the person to whom the notice was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the notice was issued. (3) An application for revocation shall-- (a) be made in writing; and (b) be addressed to the authorised officer who issued the notice; and (c) specify the action taken to comply with the notice by the person to whom it was issued, and any further measures taken to prevent the recurrence of the relevant insanitary condition; and (d) nominate a date on or after which an inspection may be made. Note A fee may determined under s 137 (Determination of fees) for this section. (4) If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 73 Abatement orders (1) The chief health officer may apply to the Magistrates Court for an order that a person to whom an abatement notice has been issued-- (a) comply with the notice; or (b) if the insanitary condition has been removed, but is likely to recur--undertake specified action to prevent the recurrence of the insanitary condition, or to cease or refrain from undertaking any specified action. (2) For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged insanitary condition. (3) On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the abatement notice was issued: (a) that the person comply with the notice within a period specified in the order; (b) that in order to prevent the recurrence of the insanitary condition, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period specified in the order; (c) an order that the person pay the Territory an amount equal to no more than-- (i) for an individual (other than a utility)--$5 000; or (ii) for a corporation (other than a utility)--$25 000; or (iii) for a utility who is an individual--$100 000; or (iv) for a utility that is a corporation--$500 000. (d) an order giving directions about the payment of all or any of the costs and expenses of the application. (4) A person shall comply with an order under subsection (3) (a) or (b). Maximum penalty: (a) for a person who is not a utility--100 penalty units; or (b) for a utility--2 000 penalty units. (5) For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, after the expiration of the compliance period specified in the order, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order. (6) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued. (7) The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied-- (a) that the order has been complied with; and (b) that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order. PUBLIC HEALTH ACT 1997 - SECT 74 Joint and several responsibility for insanitary conditions (1) This section applies where-- (a) an authorised officer has reasonable grounds for believing that an insanitary condition exists; and (b) either-- (i) there are reasonable grounds for believing that 2 or more persons have caused the condition; or (ii) if the person or persons causing the condition cannot be identified--2 or more persons occupy the place at which the condition exists, or from which the condition emanates. (2) Each of the persons to whom this section applies-- (a) may be issued with an abatement notice in relation to the insanitary condition; and (b) may be the subject of a joint abatement order under section 73 in relation to the insanitary condition; and (c) is jointly and severally liable in relation to any such order; and (d) is jointly and severally liable for any costs or expenses referred to in section 73 (6) in relation to the implementation, or the attempted implementation, of any such order. PUBLIC HEALTH ACT 1997 - SECT 75 Definitions for pt 5 In this part: "connected"--a thing is connected with an offence if-- (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, or is intended to be used, to commit the offence. "occupier", of a place an authorised officer enters under this part, includes a person the officer believes on reasonable grounds to be an occupier of the place. Note The dictionary defines occupier of a place to include an owner, a person in charge or a person authorised to be at the place as an agent of an occupier, owner or person in charge of the place. "offence" includes-- (a) an offence that there are reasonable grounds for believing is being or has been committed; and (b) a contravention of this Act by or on behalf of the Territory that there are reasonable grounds for believing is being or has been committed. PUBLIC HEALTH ACT 1997 - SECT 76 Entry (1) Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, he or she may, using such reasonable force and assistance as is necessary-- (a) if the officer has reasonable grounds for believing a public health risk activity to be carried on, or a public health risk procedure to be performed, at any place-- (i) enter the place at any reasonable time; or (ii) enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81; (b) for any other place--enter the place at any time with the consent of the occupier, or in accordance with a warrant issued under section 80 or section 81. (2) Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, he or she may, using such reasonable force and assistance as is necessary-- (a) enter any place at any reasonable time if the officer has reasonable grounds for believing that entry is necessary to deal with a serious public health risk; or (b) enter any place at any time if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require immediate entry to the place without the authority of a warrant. (3) An authorised officer who enters a place pursuant to subsection (1) or (2) is not entitled to remain at the place 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. PUBLIC HEALTH ACT 1997 - SECT 77 Consent to entry (1) Before obtaining the consent of a person for the purposes of section 76 (1), an authorised officer shall-- (a) produce his or her identity card; and (b) produce his or her authorisation, unless the authorised officer is the chief health officer; and (c) inform that person that he or she may refuse to give consent. (2) Where an authorised officer obtains the consent of a person for the purposes of section 76 (1), the authorised officer shall ask the person to sign a written acknowledgment-- (a) of the fact that the person has been informed that he or she may refuse to give consent; and (b) of the fact that the person has voluntarily given consent; and (c) of the day on which, and the time at which, that consent was given. (3) Where it is material in any proceedings for a court to be satisfied of the voluntary consent of a person for the purposes of section 76 (1) and an acknowledgment, in accordance with subsection (2) of this section, signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not voluntarily give such consent. PUBLIC HEALTH ACT 1997 - SECT 78 Powers upon entry Subject to this Act, where an authorised officer enters any place in accordance with this Act, he or she may, if he or she considers it to be necessary or desirable for the purposes of this Act-- (a) inspect, examine, take measurements in relation to, or conduct tests concerning, the place or any system of work, plant, substance or thing at the place; and (b) inspect and test, or remove for testing, any container, equipment or appliance at the place; and (c) inspect and test, or remove for testing, any material or substance; and (d) open or require a person to open any container or package, and examine the container or package; and (e) take photographs or make video or sound recordings or films; and (f) seize anything (including records, documents, packaging material, labels or labelling material and material used in connection with advertising) that the authorised officer has reasonable grounds for believing to be connected with an offence against this Act; and (g) require the occupier to make available to the authorised officer any record, document, labelling or advertising material; and (h) where information required for the purposes of the inspection is stored on computer or other electronic equipment--require the occupier to produce the information in a visible or audible form; and (i) inspect, make copies of and take extracts from any record, document or information, being information referred to in paragraph (h); and (j) require the occupier to provide information or answer questions reasonably related to the effect of the use of the place on public health; and (k) require the occupier to render such assistance to the authorised officer as is necessary and reasonable to enable the authorised officer to exercise his or her powers under this section; and (l) stop, detain and inspect any vehicle, vessel or aircraft that the authorised officer has reasonable grounds for believing to have in or upon it anything connected with an offence against this Act. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). PUBLIC HEALTH ACT 1997 - SECT 79 Power to require name and address (1) An authorised officer may require a person to state the person's name and address where the officer-- (a) finds a person committing an offence against this Act; or (b) has reasonable grounds for believing that a person has committed an offence against this Act. (2) In exercising a power under subsection (1), an authorised officer shall-- (a) inform the person of the reasons for the requirement; and (b) as soon as practicable thereafter, record those reasons. (3) A person is not required to comply with a requirement under subsection (2) if, on request by the person, 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. (4) Subject to this section, a person shall not, without reasonable excuse, fail to comply with a requirement under subsection (1). Maximum penalty (subsection (4)): 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). PUBLIC HEALTH ACT 1997 - SECT 80 Search warrants (1) Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, at any place, a thing of a particular kind connected with a particular offence against this Act and the information sets out those grounds, the magistrate may issue a search warrant authorising an authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable-- (a) to enter the place; and (b) to search the place for things of that kind; and (c) to exercise any of the powers referred to in section 78 in relation to such a thing. (2) A magistrate shall not issue a warrant under subsection (1) unless-- (a) the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (3) A warrant shall-- (a) state the purpose for which it is issued; and (b) specify the nature of the offence in relation to which the entry, search and exercise of the powers under section 78 are authorised; and (c) specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (d) include a description of the kinds of things in relation to which the powers under section 78 may be exercised; and (e) specify a day, not being later than 1 month after the date of issue of the warrant, on which the warrant is to cease to have effect. PUBLIC HEALTH ACT 1997 - SECT 81 Warrants by telephone or other electronic means (1) An authorised officer may make an application to a magistrate for a warrant by telephone, telex, fax or other electronic means-- (a) in an urgent case; or (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant. (2) The magistrate may require communication by voice to the extent that is practicable in the circumstances. (3) An application under this section shall include all information required to be provided in an application for a warrant under section 80, but the application may, if necessary, be made before the information is sworn. (4) If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate required, is satisfied that-- (a) a warrant in the terms of the application should be issued urgently; or (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant; the magistrate may complete and sign the same form of warrant that would be issued under section 80. (5) If the magistrate decides to issue the warrant, the magistrate shall inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed. (6) The applicant shall then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed. (7) The applicant shall, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn. (8) The magistrate shall attach to the documents provided under subsection (7) the form of warrant completed by the magistrate. (9) If-- (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and (b) the form of warrant signed by the magistrate is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised. PUBLIC HEALTH ACT 1997 - SECT 84 Seizure notices (1) An authorised officer who seizes anything under this part shall, as soon as practicable, give a seizure notice to-- (a) the owner of the thing seized; or (b) if the owner is not present or readily available--the person who had possession, custody or control of the thing immediately before its seizure. (2) A seizure notice shall specify-- (a) the thing seized, including the relevant quantity (if applicable); and (b) the date and place of seizure; and (c) the location of the thing seized; and (d) the reasons for the seizure; and (e) the procedure provided for by this Act for obtaining relief against the seizure; and (f) the name, address and telephone number of an authorised officer who may be contacted in relation to the seizure. PUBLIC HEALTH ACT 1997 - SECT 85 Detention of things at place of seizure (1) Anything seized by an authorised officer under this part may, at the option of the officer, be detained at the place where it was found and for that purpose it may-- (a) be placed in a room, compartment, cabinet or an enclosed area; and (b) be secured against interference; and (c) be identified in a manner that makes it clear that the thing has been seized for the purposes of this Act. (2) Where, in accordance with subsection (1), a thing has been detained at a place, the authorised officer responsible shall, as soon as practicable, give the occupier of the place a notice in writing specifying-- (a) the thing detained, including the relevant quantity (if applicable); and (b) the manner and circumstances in which the thing has been detained; and (c) the expected period of such detention; and (d) the liability of the occupier in respect of an offence under section 86 (2); and (e) the name, address and telephone number of an authorised officer who may be contacted in relation to the detention. PUBLIC HEALTH ACT 1997 - SECT 86 Interference with seized things (1) Where an authorised officer has seized a thing under this part and detained it at a place pursuant to section 85, a person shall not, without the permission of the officer, remove, break, open or interfere with the thing. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the place where the offence was committed commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) It is a defence to a prosecution for breach of subsection (2) if the defendant establishes that he or she-- (a) had taken all reasonable steps to prevent the breach of subsection (1); or (b) had reasonable grounds for believing that another person had taken, or would take, all reasonable steps to prevent that breach. PUBLIC HEALTH ACT 1997 - SECT 87 Access to seized records Where a record or document is seized under this part, the authorised officer shall permit the person otherwise entitled to possession of it, or his or her agent, to inspect, make copies of or take extracts from the record or document. PUBLIC HEALTH ACT 1997 - SECT 88 Return of seized things (1) This section applies where, after a thing has been seized under this part-- (a) at the expiration of the period of 3 months after the seizure of the thing, no proceedings have been commenced in relation to any alleged offence against this Act in respect of the thing; or (b) if such proceedings were commenced within that period--the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or (c) the Minister becomes satisfied at any time that no contravention of this Act has been committed in respect of the thing. (2) Where this section applies, and the thing seized has not been destroyed or disposed of in a manner that would prevent its being dealt with under this subsection, the Minister shall cause the thing to be delivered to-- (a) the person from whom it was seized; or (b) any other person the Minister believes to be entitled to it. (3) Where anything is delivered under subsection (2) after being forfeited to the Territory under section 90, the forfeiture is not to be taken to have affected any proprietary or any other interests in the thing existing before the forfeiture. PUBLIC HEALTH ACT 1997 - SECT 89 Court orders for relief against seizure (1) A person claiming to be entitled to anything seized under this part may apply to a court of competent jurisdiction for an order disallowing the seizure within 10 days after the seizure. (2) An application under subsection (1) shall be made in accordance with the relevant rules of court and shall not be heard unless the applicant has served a copy of the application on the authorised officer responsible for the relevant seizure. (3) The authorised officer responsible for the relevant seizure is entitled to appear as respondent at the hearing of an application. (4) If, on the hearing of an application, it appears to the court that the thing seized is required to be produced in evidence in any pending proceedings in connection with an offence against this Act, the court may, on the application of the respondent, or on its own motion, adjourn the hearing until the conclusion of those proceedings. (5) On the hearing of an application, the court may make an order disallowing the seizure-- (a) if-- (i) it is proved that the applicant would, but for the seizure, be entitled to the return of the thing seized; and (ii) it is not proved beyond reasonable doubt that an offence was being or had been, at the time of the seizure, committed, being an offence with which the thing is connected; or (b) if there are exceptional circumstances justifying the making of an order disallowing the seizure. (6) If the court makes an order disallowing a seizure, the court may make any or all of the following ancillary orders: (a) an order directing the respondent to cause the thing to be delivered to the applicant or to such other person as appears to the court to be entitled to it; (b) if the thing cannot for any reason be so delivered or the thing has in consequence of the seizure depreciated in value--an order directing the Territory to pay to the applicant just and reasonable compensation; (c) if the applicant has sustained financial loss by reason of the seizure--an order directing the Territory to pay the applicant just and reasonable compensation; (d) an order giving directions about the payment of all or any of the costs and expenses of the application. PUBLIC HEALTH ACT 1997 - SECT 90 Forfeiture (1) This section applies where-- (a) anything seized under this part has not been dealt with in accordance with section 88 (2); and (b) an application for disallowance of the seizure under section 89 (1)-- (i) has not been made within 10 days after seizure; or (ii) has been made within that period, but the application has been refused or has been withdrawn before a decision in respect of the application had been made. (2) Where this section applies to a thing-- (a) the thing is forfeited to the Territory; and (b) the thing may be destroyed, sold or otherwise disposed of in accordance with the Minister's general or specific direction. PUBLIC HEALTH ACT 1997 - SECT 91 Cost of destruction or disposal of things forfeited (1) This section applies where-- (a) a person is convicted of an offence against this Act in respect of anything forfeited to the Territory under this part; and (b) that person was the owner of the thing immediately before it was forfeited. (2) Where this section applies, any cost incurred by or on behalf of the Territory in connection with the lawful destruction or disposal of the thing is a debt due to the Territory by that person. (3) Where a debt under subsection (2) is due by 2 or more persons, the liability of those persons is joint and several. PUBLIC HEALTH ACT 1997 - SECT 92 Destruction of contaminated items An authorised officer may, notwithstanding any provision to the contrary in this part, cause a thing that has been seized under this part to be destroyed if the officer has reasonable grounds for believing that the thing is so contaminated, or the condition of the thing is such, that its continued use would give rise to a serious public health risk. PUBLIC HEALTH ACT 1997 - SECT 93 Analyst's power of entry (1) An analyst may accompany an authorised officer who has entered a place under this Act in order to conduct such tests as are necessary to determine whether a contravention of this Act has occurred. Note For evidentiary certificates by analysts, see s 135A. (2) A person shall not, without reasonable excuse, obstruct or hinder an analyst in the exercise of his or her powers under subsection (1). Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2 000 penalty units, imprisonment for 6 months or both. (3) An analyst who enters a place under subsection (1) is not authorised to remain at the place if, on request by the occupier, the analyst does not produce his or her identity card. PUBLIC HEALTH ACT 1997 - SECT 94 Notice of taking of sample Where an authorised officer takes a sample under this part with the intention that it be submitted for analysis, the officer shall, before or as soon as practicable after taking the sample, give notice of his or her intention to have the sample analysed to-- (a) the owner of the matter comprised in the sample; or (b) if the owner is not present or readily available-- (i) if the sample is associated with the carrying on of a public health risk activity, or the performance of a public health risk procedure--the person carrying on the activity, or performing the procedure, or another person acting with the authority of either of those persons; or (ii) the person from whom the sample was taken or the occupier of the place from which the sample was taken. PUBLIC HEALTH ACT 1997 - SECT 97 Time limit for certain prosecutions Where a sample has been taken under this part for the purpose of analysis, no prosecution for an offence against this Act in relation to which the sample is evidence may be commenced after the expiration of the period of 6 months after the sample was taken. PUBLIC HEALTH ACT 1997 - SECT 98 Prohibited use of analysis A person shall not use for trade or advertising purposes the results of an analysis made for the purposes of this Act. Maximum penalty: (a) for a person who is not a utility--50 penalty units; or (b) for a utility--2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 99 Principles--notifiable conditions This part shall be construed and administered in accordance with the following principles: (a) the investigation of notifiable conditions, and any actions taken as a consequence, shall be carried out in order to minimise the adverse public health effects of such conditions; (b) a person who engages in activities that are known to carry a potential risk of exposure to a transmissible notifiable condition, and any person responsible for the care, support or education of such a person, has the following responsibilities: (i) to take all reasonable precautions to avoid the contracting of the condition by the person who engages in such activities; (ii) if there are reasonable grounds for believing that the person who engages in such activities has been exposed to the condition--to ascertain whether the condition has been contracted, and what precautions should reasonably be taken to avoid exposing others to the condition; (iii) if there are reasonable grounds for believing that the person who engages in such activities has contracted, or is likely to have contracted the condition--to comply with preventative measures or treatment that will minimise the risk to others of exposure to the condition; (iv) if there are reasonable grounds for believing that the person who engages in such activities has contracted, or is likely to have contracted the condition--to take reasonable measures to ensure that others are not unknowingly placed at risk through any action or inaction of the person or any person responsible for the care, support or education of the person; (c) a person who has, or may have, a notifiable condition, or who engages in activities that are known to carry a potential risk of exposure to a notifiable condition, shall be accorded the following rights, to the extent that their exercise does not conflict with the requirements of this part and does not infringe unduly on the wellbeing of others: (i) the right to privacy; (ii) the right to receive all reasonably available information about the medical and social consequences of the condition and any proposed treatment. PUBLIC HEALTH ACT 1997 - SECT 100 Notifiable conditions--Ministerial determination (1) The Minister may, in writing, determine-- (a) a disease or medical condition to be a notifiable condition; and (b) a disease referred to in paragraph (a) to be a transmissible notifiable condition. (2) However, the Minister must not make a determination under subsection (1) unless the Minister believes, on reasonable grounds, that the determination is necessary to protect public health. (3) A determination may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (4) A determination under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 101 Notifiable conditions--temporary status (1) The chief health officer may declare, in writing-- (a) a disease or medical condition to be a notifiable condition; and (b) a disease mentioned in paragraph (a) or section 100 (1) (a) to be a transmissible notifiable condition. (2) However, the chief health officer must not make a declaration under subsection (1) unless the chief health officer believes, on reasonable grounds, that the declaration is necessary to protect public health. (3) A declaration under subsection (1)-- (a) commences-- (i) on the day after its notification day; or (ii) if a later commencement day is stated in the declaration--on the day stated; and (b) remains in force-- (i) for a stated period of not longer than 6 months; or (ii) if no period is stated in the declaration--for 6 months beginning on its notification day. (4) A declaration under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 102 Notification by doctors and authorised nurse practitioners (1) If a doctor or authorised nurse practitioner has reasonable grounds to believe that a patient has, or may have, a notifiable condition, the doctor or nurse practitioner must-- (a) give the patient information about-- (i) the transmission of the condition and how to prevent the transmission of the condition to others; and (ii) anything determined in writing by the chief health officer; and (b) advise the patient of the patient's rights under section 99 (c); and (c) if the patient agrees, make reasonable arrangements for the patient to receive counselling in accordance with any applicable code of practice; and (d) ask the patient to give the doctor or nurse practitioner information for the purpose of complying with section 102A (Doctors and authorised nurse practitioners--failure to notify). (2) A determination under subsection (1) (a) (ii) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (3) Subsection (1) does not apply if the doctor or authorised nurse practitioner proves that he or she had reasonable grounds to believe that the patient had been given the information mentioned in subsection (1) (a) by another doctor or authorised nurse practitioner. (4) Failure to comply with subsection (1) by a doctor-- (a) is taken to be unsatisfactory professional conduct for the Health Professionals Act 2004; and (b) is a ground for the patient to make a complaint to the human rights commission under the Human Rights Commission Act 2005. (5) Failure to comply with subsection (1) by an authorised nurse practitioner-- (a) is taken to be a failure to exercise adequate care in practising nursing for the Health Professionals Act 2004; and (b) is a ground for the patient to make a complaint to the human rights commission under the Human Rights Commission Act 2005. PUBLIC HEALTH ACT 1997 - SECT 102A Doctors and authorised nurse practitioners--failure to notify (1) A doctor or authorised nurse practitioner commits an offence if-- (a) the doctor or nurse practitioner has reasonable grounds to believe that a patient has, or may have, a notifiable condition; and (b) the doctor or nurse practitioner fails to notify the chief health officer, in accordance with the applicable code of practice, about the patient's notifiable condition as soon as practicable. Maximum penalty: 5 penalty units. (2) A doctor commits an offence if-- (a) the doctor has reasonable grounds to believe that a dead person had, or may have had, a notifiable condition at the time of death; and (b) the person was a patient of the doctor immediately before death, or was examined by the doctor after death; and (c) the doctor fails to notify the chief health officer, in accordance with the applicable code of practice, about the person's notifiable condition as soon as practicable. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the doctor or authorised nurse practitioner proves that he or she believed on reasonable grounds that the chief health officer had already been told about the notifiable condition of the patient or dead person. PUBLIC HEALTH ACT 1997 - SECT 103 Pathologists (1) This section applies where-- (a) a pathologist has tested a specimen taken from a person for any purpose; and (b) either-- (i) the pathologist carried out the test in the Territory; or (ii) the person from whom the specimen was taken is resident in the Territory; and (c) the result of the test indicates that the person has, or may have, a notifiable condition. (2) Where this section applies, the following persons shall notify the chief health officer that the person whose specimen was tested has or may have a notifiable condition: (a) the pathologist; (b) if the pathologist is employed in a laboratory at a hospital--the person in charge of the laboratory; (c) if the pathologist carried out the test in the course of his or her employment other than at a hospital--the pathologist's employer. (3) A notification under this section shall be in accordance with the applicable code of practice. (4) A person shall not, without reasonable excuse, fail to comply with subsection (2). Maximum penalty (subsection (4)): 5 penalty units, imprisonment for 6 months or both. PUBLIC HEALTH ACT 1997 - SECT 104 Hospitals (1) The person in charge of a hospital shall notify the chief health officer of any in-patient at the hospital who has or may have a notifiable condition. Maximum penalty: 25 penalty units. (2) A notification under this section shall be in accordance with the applicable code of practice. PUBLIC HEALTH ACT 1997 - SECT 105 Notification by responsible people (1) A counsellor must notify the chief health officer of a person the counsellor has counselled if the counsellor believes, on reasonable grounds, that the person has, or may have, a notifiable condition. Maximum penalty: 25 penalty units. (2) A person who is responsible for the care, support or education of someone else must notify the chief health officer of the person if the first person believes, on reasonable grounds, that the other person has, or may have, a notifiable condition. Maximum penalty: 25 penalty units. (3) A notification under this section shall be in accordance with the applicable code of practice. PUBLIC HEALTH ACT 1997 - SECT 106 Notification by affected persons--notifiable conditions (1) This section applies where an authorised officer has reasonable grounds for believing that a person has a notifiable condition. (2) Where this section applies, an authorised officer may request the person concerned to provide any or all of the following information to the officer: (a) the person's name and address; (b) information about circumstances under which the person may have acquired, or been exposed to, the condition; (c) in the case of a transmissible notifiable condition-- (i) information about circumstances under which the person may have transmitted the condition; and (ii) the name and address, or the name and whereabouts, of any person the authorised officer has reasonable grounds for believing to be a contact of the person's. (3) Before requesting information from a person under subsection (2), an authorised officer shall inform the person of the reason for the request. (4) Upon request by a person who is the subject of a request by an authorised officer under subsection (2), the authorised officer shall produce his or her identity card and, unless the authorised officer is the chief health officer, his or her authorisation. (5) A person shall comply with a request made by an authorised officer under subsection (2), unless-- (a) the authorised officer fails to comply with this section; or (b) the person has any other reasonable excuse for failing to comply with the request. Maximum penalty: 5 penalty units. (6) As soon as possible after making a request under subsection (2), an authorised officer shall make a written record of the grounds for his or her belief that the person concerned has a notifiable condition. PUBLIC HEALTH ACT 1997 - SECT 107 Unauthorised assertions (1) A person shall not make an assertion to a contact of a third person that the third person has a transmissible notifiable condition without the consent of the third person, unless authorised to do so under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section applies in relation to a person asserted to have a transmissible notifiable condition irrespective of the truth of the assertion. (3) In this section: "contact", in relation to a person asserted to have a transmissible notifiable condition, means a person who would be a contact of the other person if the other person had that condition. PUBLIC HEALTH ACT 1997 - SECT 108 Authorised notification of contacts (1) This section applies where-- (a) a responsible person requests a person with a transmissible notifiable condition-- (i) to inform a contact of the contact's potential exposure to the notifiable condition; or (ii) to give permission to the responsible person to do so; and (b) the person with the condition refuses that request. (2) Where this section applies, the responsible person may inform the chief health officer of the contact's potential exposure to that condition. (3) Upon being informed under subsection (2), the chief health officer may take reasonable steps to ensure that the contact is informed of his or her potential exposure to the transmissible notifiable condition, having regard to-- (a) the degree of risk of the contact's having contracted, or contracting, the condition; and (b) the possibility of causing undue anxiety to the person with the condition or to the contact; and (c) any other relevant circumstances. (4) The steps that the chief health officer may take under subsection (3) to ensure that a contact is informed of his or her potential exposure to a transmissible notifiable condition include giving written authority to inform the contact to-- (a) a doctor or authorised nurse practitioner; or (b) a counsellor whom the chief health officer has reasonable grounds for considering to be suitably qualified and experienced for the purpose. (5) If a responsible person is authorised under this section to notify the chief health officer or a contact about the contact's potential exposure to a transmissible notifiable condition, that authority operates notwithstanding any duty of confidentiality the responsible person may owe to the person with the condition. (6) In this section: "contact", in relation to a person with a transmissible notifiable condition, means a person who a responsible person in relation to the person has reasonable grounds for believing to be a contact of the person's. PUBLIC HEALTH ACT 1997 - SECT 109 Use of notified information (1) Information acquired by the Territory as a result of notification under this division may be used for the following purposes: (a) the prevention and control of notifiable conditions in the Territory and elsewhere; (b) the prevention and control of risks to public health generally in the Territory and elsewhere; (c) research related to public health in the Territory and elsewhere. (2) Information shall only be used under subsection (1) in accordance with the principles set out in section 99 and the objectives set out in section 4. PUBLIC HEALTH ACT 1997 - SECT 110 Disclosure of information--persons with notifiable conditions (1) A person shall not, without good reason, disclose information notified under this division in such a manner that the person to whom the notification relates who has, or who may have, the relevant notifiable condition is reasonably able to be identified, unless-- (a) the disclosure is for the purposes of this Act or another law of the Territory, the Commonwealth, a State or another Territory, or is authorised under a code of practice; or (b) the person to whom the notification relates consents in writing to such disclosure. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Upon a person's written request, the chief health officer shall disclose to the person any information notified under this division that relates to that person alone. PUBLIC HEALTH ACT 1997 - SECT 111 Disclosure of information that identifies doctor etc (1) A person commits an offence if the person-- (a) intentionally discloses information notified under this division; and (b) is reckless about whether the person who made the notification, or the pathology laboratory or hospital to which the notification relates, is reasonably able to be identified from the information. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply if-- (a) the person who made the notification, or the person in charge of the pathology laboratory or hospital, consents in writing to the disclosure; or (b) the person has a reasonable excuse for the disclosure. (3) In this section: "person who made the notification" means the doctor, authorised nurse practitioner, pathologist or responsible person who made the notification. "responsible person" means a counsellor mentioned in section 105 (1) (Notification by responsible people) or person mentioned in section 105 (2) who is responsible for the care, support or education of someone else. PUBLIC HEALTH ACT 1997 - SECT 112 Notification of public health hazards (1) A person shall not, without reasonable excuse, fail to notify the chief health officer of the presence or occurrence, at a place occupied by the person, in any food, water or air or elsewhere in the environment, of any substance or matter that the person has reasonable grounds for believing to constitute a significant public health hazard. Maximum penalty: 5 penalty units. (2) In this section: "substance or matter" includes-- (a) a contaminant; and (b) an organism that causes, or that may cause, a notifiable condition; and (c) any other human pathogenic organism. PUBLIC HEALTH ACT 1997 - SECT 113 Public health directions--issue (1) Where the chief health officer has reasonable grounds for believing that it is necessary to prevent or alleviate a significant public health hazard, he or she may issue any or all of the following directions to a person for that purpose: (a) a direction requiring a person to refrain from behaviour, or an activity, that significantly contributes, or that could so contribute, to the hazard; (b) a direction requiring a person to cease performing work of a particular kind, or to cease working at a particular place, while such work significantly contributes, or could so contribute, to the hazard; (c) a direction requiring a person who has a transmissible notifiable condition to undergo a medical examination; (d) a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to undergo specified counselling; (e) a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to be confined to a particular place for a specified period, being the least restrictive confinement appropriate to the person's medical condition; (f) a direction requiring a person not to enter, or not to remain in, a particular place for a specified period; (g) a direction requiring a person to cease using a particular piece of equipment; (h) a direction requiring a person to clean and decontaminate a particular place; (i) a direction requiring a person to undertake, or to refrain from undertaking, any other action, where the chief health officer has reasonable grounds for believing the requirement to be necessary for the purposes of preventing or alleviating the hazard; (j) a direction requiring a person to take whatever action is necessary to ensure that another person or persons for whose care, support or education the person is responsible complies with a specified requirement or requirements referred to elsewhere in this subsection. (2) In subsection (1), a reference to a person who has a transmissible notifiable condition, or to a contact of such a person, is to be taken to be a reference to a person who the chief health officer has reasonable grounds for believing to have such a condition, or to be such a contact. (3) A direction under subsection (1)-- (a) shall be in writing signed by the chief health officer; and (b) may include conditions about the period within which, or the manner in which, the direction is to be complied with; and (c) shall state the public health hazard to be prevented or alleviated, and any other reason for issuing the direction; and (d) shall include a statement to the effect that failure to comply with the direction might result in either or both of the following: (i) action being taken by an authorised officer to implement the direction; (ii) a court order being made to enforce the direction. (4) In making a decision under subsection (1), the chief health officer shall have regard to the following matters: (a) the number of persons potentially affected by the public health hazard; (b) the degree to which the public health hazard would affect individuals and the community; (c) the availability of other control measures. (5) The chief health officer shall undertake the minimum action necessary under subsection (1) to prevent or alleviate the relevant public health hazard. PUBLIC HEALTH ACT 1997 - SECT 114 Public health directions--notice to doctor or authorised nurse practitioner (1) This section applies if the chief health officer gives a public health direction about a person for reasons including the chief health officer's belief that the person has a disease or notifiable condition. (2) The chief health officer must give written notice of the direction to any doctor or authorised nurse practitioner professionally attending the person at the time of the direction. PUBLIC HEALTH ACT 1997 - SECT 115 Public health directions--extension of compliance period (1) Before the end of a compliance period specified in a public health direction under section 113 (3) (b), an authorised officer may extend the period. (2) An extension-- (a) may be given on the application of the person to whom the public health direction was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the direction was issued. (3) If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 115A Public health direction--confinement (1) This section applies if the chief health officer gives a public health direction under section 113 (1) (e) requiring a person who has a transmissible notifiable condition, or a contact of the person, (the confined person) to be confined to a stated place for a stated period. (2) The chief health officer must review the public health direction not later than 48 hours after the confined person was first confined under the direction. PUBLIC HEALTH ACT 1997 - SECT 116 Public health direction--implementation (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 public health direction-- (a) after the expiration of any compliance period specified under section 113 (3) (b) (as extended, if at all, under section 115); or (b) if no such period is specified--after the expiration of a period the officer has reasonable grounds for considering to be sufficient for compliance with any positive direction in the direction, and in the interests of public health. (2) An authorised officer shall only implement a public health direction under subsection (1) if he or she has reasonable grounds for believing that it is necessary to do so to avert an imminent and serious risk to public health. (3) For the purpose of implementing a public health direction under subsection (1), an authorised officer may, using such reasonable force and assistance as is necessary-- (a) enter a place to which the direction relates at any reasonable time; or (b) enter a place to which the direction 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. (4) An authorised officer who enters a place pursuant to subsection (3) 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. (5) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, a public health direction under this section are a debt due to the Territory by the person to whom the direction was issued. PUBLIC HEALTH ACT 1997 - SECT 117 Public health directions--revocation (1) An authorised officer shall revoke a public health direction if satisfied, after carrying out an appropriate inspection-- (a) that the direction has been complied with; and (b) that adequate measures have been taken to prevent or alleviate the relevant public health hazard. (2) A revocation-- (a) may be issued on the application of the person to whom the direction was issued, or on the motion of the authorised officer; and (b) shall be in writing given to the person to whom the direction was issued. (3) An application for revocation shall-- (a) be made in writing; and (b) be addressed to the authorised officer who issued the direction; and (c) specify the action taken to comply with the direction by the person to whom it was issued, and any further measures taken to prevent or alleviate the relevant public health hazard; and (d) nominate a date on or after which an inspection may be made. Note A fee may determined under s 137 (Determination of fees) for this section. (4) If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal. PUBLIC HEALTH ACT 1997 - SECT 118 Public health orders (1) The chief health officer may apply to the Magistrates Court for an order that a person to whom a public health direction has been issued comply with the direction. (2) For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged public health hazard. (3) On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the public health direction was issued: (a) that the person comply with the direction within a period (if any) specified in the order; (b) that in order to prevent or alleviate the relevant public health hazard, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period (if any) specified in the order; (c) an order that the person pay the Territory an amount equal to no more than-- (i) for a person (other than a utility)--$5 000; or (ii) for a corporation (other than a utility)--$25 000; or (iii) for a utility who is an individual--$100 000; or (iv) for a utility that is a corporation--$500 000. (d) an order giving directions about the payment of all or any of the costs and expenses of the application. (4) A person shall comply with an order under subsection (3) (a) or (b). Maximum penalty: (a) for a person who is not a utility--100 penalty units; or (b) for a utility--2 000 penalty units. (5) For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order-- (a) after the expiration of any compliance period specified in the order; 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 order, and in the interests of public health. (6) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued. (7) The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied-- (a) that the order has been complied with; and (b) that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order. PUBLIC HEALTH ACT 1997 - SECT 118A Public health alerts (1) This section applies if the chief health officer considers it necessary to take action under this section-- (a) to protect the public from a public health risk; or (b) to provide a rapid response to a public health risk. (2) The chief health officer may prepare a written notice (the public health alert) about the risk and precautions that may be taken by the public to deal with the risk. (3) The public health alert is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) The chief health officer may also publish the public health alert in other ways. PUBLIC HEALTH ACT 1997 - SECT 118B Definitions for div 6B.1 In this division: "processing", of drinking water, means collecting, treating, distributing or supplying drinking water. "water distributor"--see the Utilities Act 2000, dictionary. "water supplier"--see the Utilities Act 2000, dictionary. "water utility" means a water distributor or a water supplier. PUBLIC HEALTH ACT 1997 - SECT 118C Relationship with other provisions of this Act This part does not prevent the application of any other provision of this Act as it relates to the processing of drinking water by a water utility. PUBLIC HEALTH ACT 1997 - SECT 118D Water processing health risk--public warning by utility (1) This section applies if a water utility has reasonable grounds for believing that an imminent serious risk to public health is likely to arise because of the processing of drinking water by it. (2) The water utility must-- (a) tell the chief health officer as soon as possible about the risk; and (b) prepare a written notice (the public risk notice) alerting the public to the risk; and (c) notify the public risk notice under the Legislation Act 2001. Maximum penalty: 2 000 penalty units. (3) The public risk notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) The water utility must also-- (a) publish the public risk notice in a daily newspaper; and (b) take all other reasonable measures to alert the public to the risk. Maximum penalty: 2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 118E Misleading information about water processing (1) If the chief health officer has reasonable grounds for believing that a water utility has published misleading information to the public or to a section of the public about the processing of drinking water by the utility, the chief health officer may, by written notice to the utility, direct the utility to correct the information in the manner stated in the direction. (2) The direction may include a requirement that the utility publish the correction in a stated manner, in a stated medium (or media) and within a stated period. (3) The utility must comply with the direction. Maximum penalty: 2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 118F Provision of water processing information to chief health officer (1) For this Act, the chief health officer may, by written notice to a water utility, require the utility to give the chief health officer information, within the period stated in the notice, about the processing of drinking water by the utility. (2) The utility must comply with the requirement. Maximum penalty: 500 penalty units. PUBLIC HEALTH ACT 1997 - SECT 118G Contaminated drinking water provided by water utility (1) A water utility must not, without lawful authority, knowingly or recklessly contaminate water used, or for use, as drinking water by people or animals. Maximum penalty: 2 000 penalty units. (2) A water utility that contravenes subsection (1) commits a separate offence for each day during any part of which the contamination continues. PUBLIC HEALTH ACT 1997 - SECT 118H Definitions for div 6B.2 In this division: "processing", of sewage, means conveying sewage from premises or collecting, treating or disposing of sewage. sewerage utility--see the Utilities Act 2000, dictionary. PUBLIC HEALTH ACT 1997 - SECT 118I Relationship with other provisions of this Act This part does not prevent the application of any other provision of this Act as it relates to the processing of sewage by a sewerage utility. PUBLIC HEALTH ACT 1997 - SECT 118J Sewage processing health risk--public warning by utility (1) This section applies if a sewerage utility has reasonable grounds for believing that an imminent serious risk to public health is likely to arise because of the processing of sewage by it. (2) The sewerage utility must-- (a) tell the chief health officer as soon as possible about the risk; and (b) prepare a written notice (the public risk notice) alerting the public to the risk; and (c) notify the public risk notice under the Legislation Act 2001. Maximum penalty: 2 000 penalty units. (3) The public risk notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) The sewerage utility must also-- (a) publish the public risk notice in a daily newspaper; and (b) take all other reasonable measures to alert the public to the risk. Maximum penalty: 2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 118K Misleading information about sewage processing (1) If the chief health officer has reasonable grounds for believing that a sewerage utility has published misleading information to the public or to a section of the public about the processing of sewage by the utility, the chief health officer may, by written notice to the utility, direct the utility to correct the information, in the manner stated in the direction. (2) The direction may include a requirement that the utility publish the correction in a stated manner, in a stated medium (or media) and within a stated period. (3) The utility must comply with the direction. Maximum penalty: 2 000 penalty units. PUBLIC HEALTH ACT 1997 - SECT 118L Provision of sewage processing information to chief health officer (1) For this Act, the chief health officer may, by written notice to a sewerage utility, require the utility to give the chief health officer information, within the period stated in the notice, about the processing of sewage by the utility. (2) The utility must comply with the requirement. Maximum penalty: 500 penalty units. PUBLIC HEALTH ACT 1997 - SECT 119 Emergency declarations (1) The Minister may, in writing, declare a public health emergency if satisfied that it is justified in the circumstances. (2) An emergency declaration shall specify-- (a) the nature of the emergency; and (b) any area to which it relates; and (c) the period during which the declaration is to remain in force. (3) An emergency declaration comes into force on the day on which it is made and remains in force for-- (a) the period, not exceeding 5 days, specified in the declaration; or (b) any extended (or further extended) period under subsection (4). (4) The Minister may, in writing, extend or further extend the period during which an emergency declaration is to remain in force by a period of up to 2 days. (5) A declaration under subsection (1) and an extension under subsection (4) are notifiable instruments. Note A notifiable instrument must be notified under the Legislation Act. (6) The Minister must publish an emergency declaration, and any extension of the period of a declaration, in a daily newspaper as soon as practicable after it is made. PUBLIC HEALTH ACT 1997 - SECT 120 Emergency actions and directions (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. Maximum penalty: (a) for a person who is not a utility--50 penalty units; or (b) for a utility--2 000 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. PUBLIC HEALTH ACT 1997 - SECT 121 Emergency powers (1) While an emergency declaration is in force, an authorised person may, for the purposes of section 120, using such reasonable force and assistance as is necessary-- (a) enter, using such reasonable force and assistance as is necessary, any place to-- (i) save any person's life; or (ii) prevent injury to any person; or (iii) rescue any endangered person; or (b) prevent access to any place; or (c) close to pedestrian or vehicular traffic any roadway, path or any other thoroughfare; or (d) remove from a place any person obstructing the authorised person in the exercise of a power under this section. (2) The chief health officer may, by writing, authorise a person, or a person of a specified class, for the purposes of this section. (3) An authorised person who enters a place pursuant to subsection (1) is not entitled to remain in that place if, on request by the occupier, the person does not produce-- (a) in the case of the chief health officer--his or her identity card; or (b) for a public health officer--his or her authorisation under section 12A (1) and identity card; or (c) for a member of the ambulance service--the identity card issued to the member under the Emergencies Act 2004; or (d) in the case of a police officer--proof of identification of a kind approved for general purposes by the chief police officer; or (e) in the case of a person authorised under subsection (2) of this section--the authorisation, or, in the case of a class authorisation, a copy of the authorisation. (4) In this section: "authorised person" means-- (a) the chief health officer; or (b) a public health officer authorised for the purpose under section 12A (1); or (c) a member of the ambulance service; or (d) a police officer; or (e) a person authorised under subsection (2). PUBLIC HEALTH ACT 1997 - SECT 122 Compensation (1) An eligible person may apply to the Minister for compensation in relation to any loss or damage suffered by a person as a result of anything done in the exercise of a function under this division, being a function exercised while an emergency declaration was in force. (2) Compensation is payable by the Territory to an eligible person in an amount the Minister considers appropriate, having regard to the loss or damage suffered by the person. (3) Compensation is not payable to an eligible person-- (a) in relation to any loss or damage suffered because of the action or inaction of the person who suffered the loss or damage; or (b) in relation to any loss or damage that caused or contributed to the public health emergency. (4) In this section: "eligible person", in relation to loss or damage mentioned in subsection (1), means-- (a) the person who suffered the loss or damage; or (b) if the damage suffered by a person mentioned in paragraph (a) results in the person's death--a member of the dead person's family who has suffered loss or damage because of the death. "member", of a dead person's family--see the Civil Law (Wrongs) Act 2002, section 23. PUBLIC HEALTH ACT 1997 - SECT 123 Reports on emergencies (1) As soon as practicable after an emergency declaration ceases to be in force, the chief health officer shall prepare a written report about the emergency in respect of the following matters: (a) particulars of the events giving rise to the emergency; (b) particulars of action taken to deal with the emergency; (c) directions given in the course of the emergency under section 120 (1); (d) any other matter considered appropriate by the chief health officer. (2) A report must be given to the Minister within 3 months after it is prepared. (3) The Minister must present a report to the Legislative Assembly within 6 sitting days after the day the Minister receives it. PUBLIC HEALTH ACT 1997 - SECT 124 Investigations (1) Subject to subsection (4), the chief health officer may hold an investigation in respect of-- (a) any matter concerning public health; or (b) the administration of this Act. (2) The chief health officer shall hold an investigation under subsection (1) if directed to do so by the Minister. (3) The Minister must present a copy of a direction under subsection (2) to the Legislative Assembly within 6 sitting days after the day it is made. (4) The chief health officer must not hold an investigation under subsection (1) in relation to a matter that is capable of forming the subject of an environmental impact statement or inquiry under the Planning and Development Act 2007, chapter 8 (Environmental impact statements and inquiries). PUBLIC HEALTH ACT 1997 - SECT 125 Procedure (1) An investigation shall be conducted with as little formality and technicality as a proper consideration of the matter permits. (2) An investigation need not involve a hearing (whether public or private). (3) An investigation shall be conducted in accordance with any applicable code of practice. (4) For the purposes of an investigation, the chief health officer-- (a) is not bound by the rules of evidence; and (b) shall observe the rules of natural justice. (5) A person appearing for the purposes of an investigation may be represented by any other person, subject to any applicable code of practice. PUBLIC HEALTH ACT 1997 - SECT 126 Powers For the purposes of an investigation, the chief health officer may, subject to any applicable code of practice-- (a) require a person to appear and give evidence; or (b) require a person to answer any relevant question; or (c) take evidence on oath or by affirmation; or (d) require a person to take an oath or to make an affirmation; or (e) take statements and receive affidavits; or (f) require the production of any relevant document; or (g) exercise any other power the chief health officer considers to be necessary for the purpose. PUBLIC HEALTH ACT 1997 - SECT 127 Reports (1) The chief health officer shall give the Minister a written report of the findings of an investigation as soon as practicable after its conclusion. (2) The Minister must present a copy of the report to the Legislative Assembly within 6 sitting days after the day the Minister receives it. PUBLIC HEALTH ACT 1997 - SECT 128 Protection and immunity (1) In exercising any function under this part, the chief health officer has the same protection and immunity as a judge of the Supreme Court. (2) A person giving evidence for the purposes of an investigation has the same protection as a witness in a proceeding in the Supreme Court. (3) Evidence given for the purposes of an investigation (whether orally or in writing), or any record of proceedings of an investigation, is not admissible in civil or criminal proceedings in any court, except proceedings for an offence against section 129. PUBLIC HEALTH ACT 1997 - SECT 129 Investigation offences (1) For the purposes of an investigation, a person shall not, without reasonable excuse, fail to-- (a) appear or give evidence if required; or (b) answer a question if required; or (c) produce a document if required; or (d) take an oath or make an affirmation if required. Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2,000 penalty units, imprisonment for 6 months or both. (2) A person appearing at an investigation shall not knowingly or recklessly give evidence that is false or misleading in a material particular. Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2,000 penalty units, imprisonment for 6 months or both. (3) A person shall not hinder, obstruct or delay the conduct of an investigation. Maximum penalty: (a) for a person who is not a utility--50 penalty units, imprisonment for 6 months or both; or (b) for a utility--2,000 penalty units, imprisonment for 6 months or both. PUBLIC HEALTH ACT 1997 - SECT 130 Meaning of reviewable decision--pt 9 In this part: "reviewable decision" means a decision mentioned in table 130.1 or table 130.2 in this section, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. Table 130.1 Reviewable decisions--chief health officer column 1 item column 2 section column 3decision column 4 entity 1 15B (1) (a) impose conditions on appointment analyst 2 15B (1) (b) amend appointment to impose, amend or revoke condition analyst 3 15D suspend or cancel appointment analyst 4 66C refuse to grant approval to supply syringes applicant for approval 5 66C grant approval to supply syringes subject to condition applicant for approval 6 66E cancelling approval to supply syringes holder of the approval 7 66O refuse to give vending machine approval applicant for approval 8 66R cancel vending machine approval holder of the approval Table 130.2 Reviewable decisions--Minister column 1 item column 2 section column 3decision column 3 entity 1 30 (1) refuse to grant activity licence applicant for licence 2 34 (1) refuse to vary activity licence licensee 3 37 (1) refuse to approve transfer of activity licence licensee and proposed transferee 4 45 (1) refuse to grant procedure licence applicant for licence 5 49 (1) refuse to vary procedure licence licensee 6 56G refuse to register applicant for registration applicant for registration 7 56N refuse to approve transfer of registration registered person and proposed transferee 8 56N refuse to vary registration period in association with transfer of registration transferee 9 56P (4) suspend registration of registered person registered person 10 56P (4) cancel registration of registered person registered person PUBLIC HEALTH ACT 1997 - SECT 131 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in table 130.1 or table 130.2, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. PUBLIC HEALTH ACT 1997 - SECT 131A Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in table 130.1 or table 130.2, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. PUBLIC HEALTH ACT 1997 - SECT 132 Appeals An appeal as of right lies to the Supreme Court in relation to any of the following orders of the Magistrates Court: (a) a prohibition order under section 66 (3); (b) an order under section 66 (7) dismissing an application for the revocation of a prohibition order; (c) an abatement order under section 73 (3); (d) an order under section 73 (7) dismissing an application for the revocation of an abatement order; (e) a public health order under section 118 (3); (f) an order under section 118 (7) dismissing an application for the revocation of a public health order. PUBLIC HEALTH ACT 1997 - SECT 133 Codes of practice (1) The Minister may, in writing, determine codes of practice setting out minimum standards or guidelines for the purposes of this Act. (2) A determination may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (3) A code of practice determined under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 134 Development approvals under Planning and Development Act, s 125 (1) The Minister may make a declaration (a s 125 declaration) for the Planning and Development Act 2007, section 125 (Declaration by Public Health Minister affects assessment track) in relation to a development application for a development proposal under that Act. Note If the Minister makes a declaration in accordance with this Act and the Planning and Development Act 2007, the development proposal must be considered in the impact assessable track under the Planning and Development Act 2007 and an environmental impact statement under that Act will be required for it. (2) However, the Minister must not make the s 125 declaration unless the Minister considers that the proposed development would be likely to have a significant effect on public health. Note The Planning and Development Act 2007, s 125 provides that a declaration for that section must be made during the public consultation period for the development application to which the declaration relates. (3) If the planning and land authority gives the Minister an EIS under the Planning and Development Act 2007, section 225 (2) for a development proposal in relation to which a s 125 declaration has been made, the Minister may-- (a) decide that a panel to conduct an inquiry about the EIS must be established under the Planning and Development Act 2007, section 228 (Establishment of inquiry panels); or Note A notice about a decision under paragraph (a) must be given to the Minister administering the Planning and Development Act 2007, s 228--see s (5). (b) give the planning and land authority written notice that the Minister has decided to take no action in relation to the EIS. (4) The Minister may only make a decision under subsection (3) (a) about an EIS if-- (a) the decision is made not later than 15 working days after the planning and development authority gives the Minister the EIS; and (a) the Minister administering the Planning and Development Act 2007, section 228 has not made a decision under that section to establish a panel to conduct an inquiry about the EIS. (5) If the Minister makes a decision under subsection (3) (a) about an EIS, the Minister must give the Minister administering the Planning and Development Act 2007, section 228 written notice that an inquiry about the EIS must inquire into the effect on public health of the development proposal to which the EIS relates. PUBLIC HEALTH ACT 1997 - SECT 135 Evidence--records, costs and expenses (1) Where-- (a) an authorised officer, in the exercise of the officer's functions under this Act, makes or causes to be made a copy of a document or part of a document; and (b) certifies that the copy is a true copy of that document or part; then, in any proceedings under this Act, the copy is admissible in evidence for all purposes for which the document or part could have been so admitted unless the court is satisfied that the certificate of the authorised officer is not accurate. (2) In any proceedings for the recovery by the Territory of a debt under this Act, a certificate signed by the Minister stating the amount of any costs or expenses and the manner in which they were incurred is evidence of the matters stated and of the facts on which they are based. PUBLIC HEALTH ACT 1997 - SECT 135A Evidence--certificates by analysts (1) This section applies in relation to a proceeding for an offence against the following Acts: (a) this Act; (b) the Criminal Code; (c) the Drugs of Dependence Act 1989; (d) the Food Act 2001; (e) the Medicines, Poisons and Therapeutic Goods Act 2008. (2) A certificate under this section may state any of the following matters in relation to a substance: (a) that the analyst is appointed as analyst under section 15 (Appointment of analysts); (b) that the analyst is authorised under section 15A (Functions of analysts) for an Act or provision of an Act; (c) when and from whom the substance was received; (d) what (if any) labels, or other means of identifying the substance, accompanied the substance when it was received; (e) what container or containers the substance was contained in when it was received; (f) a description, and the weight, of the substance received; (g) if the substance, or any part of it, is analysed-- (i) the name of the method of analysis; and (ii) the results of the analysis; (h) how the substance was dealt with after handling by the analyst, including details of-- (i) the quantity retained; and (ii) the name of the person (if any) to whom any retained quantity was given; and (iii) measures taken to secure any retained quantity; (i) that the certificate was signed by the analyst or was signed on behalf of the analyst. (3) A certificate under this section is admissible in a proceeding for an offence against an Act mentioned in subsection (1), and is evidence of the facts stated in it, if a copy of the certificate is served by the party who obtained the analysis on the other party to the proceeding at least 14 days before the hearing of the offence to which the certificate relates. (4) However, a court may order, at the request of a party to the proceedings or on its own initiative, that the period mentioned in subsection (3) be reduced to the period stated in the court's order. (5) An analyst who carried out an analysis in relation to which a certificate under this section is produced as evidence in a proceeding for an offence against an Act mentioned in subsection (1) need not be called as a witness in the proceedings by the party producing the certificate unless the court hearing the proceedings orders, at the request of a party to the proceedings or on its own initiative, that the analyst be called as a witness. (6) If the certificate of an analyst is admitted in evidence in a proceeding, the defendant may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate. (7) Subsection (6) does not entitle a person to require the analyst to be called as a witness for the prosecution unless-- (a) the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be called; or (b) the court, by order, allows the analyst to be so called. (8) If an analyst issues a certificate under this section in relation to a proceeding for an offence against the Criminal Code or the Drugs of Dependence Act 1989, the analyst must give a copy of the certificate to the chief police officer. PUBLIC HEALTH ACT 1997 - SECT 136 Acts and omissions of representatives (1) In this section: "representative", of a person, means-- (a) if the person is an individual--an employee or agent of the person; or (b) if the person is a corporation--an employee, agent or executive officer of the person. "state of mind", of a person, includes-- (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) An act done or omitted to be done on behalf of a person by a representative of the person is also taken to have been done or omitted to be done by the person if the representative was acting within the scope of the representative's actual or apparent authority. (3) However, subsection (2) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (4) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show-- (a) the act was done or omission was made by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (5) An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (2) or (4). PUBLIC HEALTH ACT 1997 - SECT 137 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 137A Approved forms (1) The Minister may, in writing, approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. PUBLIC HEALTH ACT 1997 - SECT 138 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) The regulations may make provision in relation to any of the following: (a) cancer reporting; (b) cemeteries and crematoria; (c) cervical cytology; (d) communicable disease control; (e) drug preparation and supply; (f) general sanitation; (g) private hospitals. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties for offences against the regulations of not more than-- (a) for a person who is not a utility--10 penalty units; or (b) for a utility--400 penalty units. PUBLIC HEALTH ACT 1997 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o ambulance service o chief executive (see s 163) o contravene o daily newspaper o doctor o document o exercise o function o public servant o reviewable decision notice. "abatement notice" means a notice under section 69. "activity accreditation scheme" means an activity accreditation scheme determined under section 22. "activity accreditation standards", for an activity accreditation scheme, means the activity accreditation standards determined under section 22 for the scheme. "activity licence" means a licence under section 30. "activity premises alteration", for a licensable public health risk activity, means a structural alteration of premises where the activity is carried on, including a structural alteration of any fixtures or fittings of the premises. "activity register"--see section 56D. "analyst" means the following appointed under section 15: (a) the government analyst; (b) an analyst. "approval", for division 3A.1 (Supply of syringes to approved people)--see section 66A. "approved person" means-- (a) for division 3A.1 (Supply of syringes to approved people)--see section 66A; and (b) for division 3A.2 (Supply of syringes by vending machine)--see section 66L. "authorisation" means-- (a) for a public health officer exercising a function under this Act--an authorisation given to the officer under section 12A (1) to exercise the function; and (b) for an authorised medical officer exercising a function under this Act--an authorisation given to the officer under section 14 (1) to exercise the function. "authorised medical officer" means an authorised medical officer under section 13. "authorised nurse practitioner" means a nurse practitioner who is the occupant of a nurse practitioner position acting within the scope of practice for the position. "authorised officer", in relation to the exercise of a function under this Act, means-- (a) the chief health officer; or (b) a public health officer authorised under section 12A (1) to exercise the function; or (c) an authorised medical officer authorised under section 14 (1) to exercise the function. "automatic", suspension of registration--see section 56Q (1). "chief health officer" means the chief health officer under section 7. "code of practice" means a code of practice determined under section 133. "connected" with an offence, for part 5 (Inspection and analysis)--see section 75 (Definitions for pt 5). "contact" means a person who-- (a) has been or may have been a source of infection to a person who has a notifiable condition; or (b) has been or may have been exposed to infection by a person with a notifiable condition. "contravention", of this Act or a corresponding public health risk law, includes the contravention of a notice, direction or other instrument given under this Act or such a law. "corresponding public health risk law", in relation to a public health risk activity or a public health risk procedure, means a law of a State or another Territory that regulates the performance of the activity or procedure, as the case may be. "counsellor" means-- (a) a person registered as a psychologist under the Health Professionals Act 2004; or (b) a nurse counsellor; or (c) a social worker. "course of instruction", for division 3A.1 (Supply of syringes to approved people)--see section 66A. "defined influential person", in relation to a person proposing to carry on, or carrying on, a public health risk activity, means-- (a) if the person is to employ or otherwise engage, or employs or otherwise engages, a manager to carry on the activity, or that part of the activity that involves the performance of public health risk procedures--the manager; and (b) if the person is a body corporate--a director, secretary, officer or manager of the body; and (c) if the person is to carry on, or carries on, the activity in partnership with any other person or person-- (i) each other partner; and (ii) if any partner is a body corporate--a director, secretary, officer or manager of the body. "director", in relation to a body corporate, includes a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory. "education" means pre-primary, primary or secondary education. "EIS--"see the Planning and Development Act 2007, dictionary, definition of environmental impact statement. "emergency declaration" means a declaration under section 119. "emergency direction" means a direction under section 120. "environmental impact statement--"see the Planning and Development Act 2007, dictionary, definition of environmental impact statement. "health worker", for division 3A.1 (Supply of syringes to approved people)--see section 66A. "improvement notice" means a notice under section 58. "insanitary condition" means a condition, state or activity in relation to any of the following that a reasonable person would consider to be, or to be liable to become, a public health risk, damaging to public health or offensive to community health standards: (a) a building or structure; (b) land, water or land covered by water; (c) an animal, including a bird; (d) refuse; (e) noise or an emission; (f) any other matter or thing. "licensable public health risk activity" means an activity declared to be a licensable public health risk activity under section 18. "licensable public health risk procedure", for a licensable public health risk activity, means a procedure declared to be a licensable public health risk procedure for the activity under section 18. "location", for a registrable public health risk activity, means the precise location on the premises where the activity is being carried on. "location-specific", for a registrable public health risk activity, means that the activity is indicated under section 18 (4) to be location-specific. "notifiable condition" means a disease or medical condition-- (a) determined by the Minister under section 100 (1) (a); or (b) declared by the chief health officer under section 101 (1) (a). "notified suspension or cancellation", of registration--see section 56P (1). "nurse practitioner position"--see the Health Act 1993, section 195 (2). "occupier"-- (a) for this Act (other than part 5)--of a place, includes-- (i) an owner of the place; and (ii) a person in charge of the place; and (iii) a person authorised to be present at the place as an agent of an occupier, owner or person in charge of the place; and (b) for part 5 (Inspection and analysis)--see section 75. "offence", for part 5 (Inspection and analysis)--see section 75 (Definitions for pt 5). "pathologist" includes an assistant, and a technical officer, employed in a pathology laboratory. "patient", in relation to a doctor, means a person being professionally attended by the doctor. "place" means premises or land. "premises" includes a vehicle, vessel or aircraft, and a permanent or temporary structure. "procedure accreditation scheme" means a procedure accreditation scheme determined under section 42D. "procedure accreditation standards", for a procedure accreditation scheme, means the procedure accreditation standards determined under section 42D for the scheme. "procedure appliance alteration" means-- (a) for a person carrying on a licensable public health risk activity--the introduction, alteration or replacement of an appliance used for a procedure associated with the activity; or (b) for a person performing a licensable public health risk procedure--the introduction, alteration or replacement of an appliance used for the procedure. "procedure licence" means a licence under section 45. "processing", of drinking water, for division 6B.1 (Drinking water)--see section 118B (Definitions for div 6B.1). "processing", of sewage, for division 6B.2 (Sewage)--see section 118H (Definitions for div 6B.2). "prohibition notice" means a notice under section 61. "public health" means-- (a) the health of individuals in the context of the wider health of the community; or (b) the organised response by society to protect and promote health and prevent illness, injury and disability. "public health direction" means a direction under section 113. "public health officer" means a public health officer under section 12. "public health risk activity" means an activity declared by the Minister to be a public health risk activity under section 18. "public health risk procedure" means a procedure declared by the Minister under section 18 to be a public health risk procedure in relation to a public health risk activity. "registered activity" means a registrable public health risk activity authorised by a registration certificate. "registered location" means the location for carrying on a registered activity as mentioned on the registration certificate for the activity under section 56H (c). "registered people register"--see section 56E. "registered person" means a person registered under section 56G to carry on a registered activity. "registrable public health risk activity "means a public health risk activity declared to be registrable under section 18 (3). "registration" means the registration, under section 56G, of a person to carry on a registered activity. "registration certificate" means a registration certificate under section 56H. "responsible person", in relation to a person having a notifiable condition, means-- (a) a doctor; or (b) an authorised nurse practitioner; or (c) a counsellor who has counselled the person in relation to the condition; or (d) a person who is responsible for the care, support or education of the person. "reviewable decision", for part 9 (Review and appeals)--see section 130. "scope of practice"--see the Health Act 1993, section 195 (2). "sewerage utility", for division 6B.2 (Sewage)--see section 118H (Definitions for div 6B.2). "syringe" includes the needle section or the plunger section of a syringe. "transmissible notifiable condition" means a notifiable condition-- (a) determined by the Minister to be a transmissible notifiable condition under section 100 (1) (b); or (b) declared by the chief health officer to be a transmissible notifiable condition under section 101 (1) (b). "utility"--see the Utilities Act 2000, dictionary. "vending machine", for division 3A.2 (Supply of syringes by vending machine)--see section 66L. "vending machine approval", for division 3A.2 (Supply of syringes by vending machine)--see section 66L. "water distributor", for division 6B.1 (Drinking water)--see section 118B (Definitions for div 6B.1). "water supplier", for division 6B.1 (Drinking water)--see section 118B (Definitions for div 6B.1). "water utility", for division 6B.1 (Drinking water)--see section 118B (Definitions for div 6B.1). PUBLIC HEALTH ACT 1997 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Public Health Act 1997 No 69 notified 9 October 1997 (Gaz 1997 No S300) s 1, s 2 commenced 9 October 1997 (s 2 (1)) remainder 9 April 1998 (s 2 (3)) as amended by Public Health Amendment Act 2000 No 36 notified 20 July 2000 (Gaz 2000 No 29) s 1, s 2 commenced 20 July 2000 (IA s 10B) remainder commenced 20 July 2000 (s 2) Utilities (Consequential Provisions) Act 2000 No 66 sch 1 pt 13 notified 20 December 2000 (Gaz 2000 No S68) s 1, s 2 commenced 20 December 2000 (IA s 10B) pt 13 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69) Legislation (Consequential Amendments) Act 2001 No 44 pt 310 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 310 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Food Act 2001 No 66 pt 2.3 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) pt 2.3 commenced 10 March 2002 (s 2 and LA s 79) Legislation Amendment Act 2002 No 11 pt 2.38 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.38 commenced 28 May 2002 (s 2 (1)) Civil Law (Wrongs) Act 2002 No 40 div 3.2.10 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) div 3.2.10 commenced 1 November 2002 (s 2 (2) and CN2002-13) Statute Law Amendment Act 2002 (No 2) No 49 pt 3.16 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 3.16 commenced 31 December 2002 (s 2 (2)) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.18 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.18 commenced 19 December 2003 (s 2) Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 9 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) pt 9 commenced 27 May 2004 (s 2 and CN2004-9) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.74 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.74 commenced 9 April 2004 (s 2 (1)) Emergencies Act 2004 A2004-28 sch 3 pt 3.16 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) sch 3 pt 3.16 commenced 1 July 2004 (s 2 (1) and CN2004-11) Health Professionals Legislation Amendment Act 2004 A2004-39 sch 1 pt 1.8 notified LR 8 July 2004s 1, s 2 commenced 8 July 2004 (LA s 75 (1)) sch 1 pt 1.8 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11) Human Rights Commission Legislation Amendment Act 2005 A2005-41 sch 1 pt 1.11 (as am by A2006-3 amdt 1.3) notified LR 1 September 2005s 1, s 2 commenced 1 September 2005 (LA s 75 (1))sch 1 pt 1.11 commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Human Rights Commission Legislation Amendment Act 2006 A2006-3 amdt 1.3 notified LR 22 February 2006s 1, s 2 commenced 22 February 2006 (LA s 75 (1))amdt 1.3 commenced 23 February 2006 (s 2) Note This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41 Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.7 notified LR 14 June 2006 s 1, s 2 commenced 14 June 2006 (LA s 75 (1)) sch 2 pt 2.7 commenced 14 December 2006 (s 2 and LA s 79) Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.15 notified LR 17 November 2006 s 1, s 2 commenced 17 November 2006 (LA s 75 (1)) sch 2 pt 2.15 commenced 18 November 2006 (s 2 (1)) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.25 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.25 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.20, amdt 2.25, amdt 2.29, amdt 2.30, amdt 2.32, amdt 2.33, amdt 2.34, amdt 2.36, amdt 2.37 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) sch 2 pt 2.20, amdt 2.25, amdt 2.29, amdt 2.30, amdt 2.32, amdt 2.33, amdt 2.34, amdt 2.36, amdt 2.37 commenced 14 February 2009 (s 2 and LA s 79) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.42 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.42 commenced 14 February 2009 (s 2 (5) and see A2008-26, s 2 and LA s 79) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.61 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.61 commenced 22 September 2009 (s 2) 4 Amendment history Long titlelong title am 2001 No 66 amdt 2.5 Name of Acts 1 sub 2000 No 36 amdt 1.1 Dictionarys 2 sub 2000 No 36 amdt 1.1 Objectivess 4 am 2002 No 49 amdt 3.153 Notess 3 sub 2000 No 36 amdt 1.1 Interpretations 5 am 2000 No 36 amdt 1.2 om 2000 No 36 amdt 1.2 Construction consistent with certain other lawss 6 sub 2001 No 66 amdt 2.6 am A2008-26 amdt 2.129 Offences against Act--application of Criminal Code etcs 6A ins A2004-10 s 29 Chief health officers 7 am 2001 No 44 amdts 1.3357-1.3364; 2002 No 49 amdt 3.154 Acting chief health officers 8 sub 2002 No 49 amdt 3.155 Functions of chief health officers 9 sub 2001 No 66 amdt 2.7 am A2008-26 amdt 2.130 Biennial reporting by chief health officers 10 am 2002 No 49 amdt 3.156, amdt 3.157 Delegation by chief health officers 11 sub 2001 No 66 amdt 2.8 am 2002 No 49 amdt 3.158 sub A2008-26 amdt 2.131 Appointment of public health officerss 12 hdg sub 2001 No 66 amdt 2.9; 2002 No 49 amdt 3.159 Functions of public health officerss 12A ins 2001 No 66 amdt 2.10 am A2008-26 amdt 2.132 Appointment of authorised medical officerss 13 hdg sub 2001 No 66 amdt 2.11s 13 sub 2002 No 49 amdt 3.160 Functions of authorised medical officerss 14 sub 2001 No 66 amdt 2.12 Appointment of analystss 15 hdg sub 2002 No 49 amdt 3.161s 15 sub 2001 No 66 amdt 2.12 am 2002 No 49 amdt 3.161; ss renum R6 LA (see 2002 No 49 amdt 3.162) sub A2008-26 amdt 2.133 Functions of analystss 15A ins 2001 No 66 amdt 2.12 sub A2008-26 amdt 2.133 Analysts and assistants--authority to handle drugs etcs 15AA ins A2008-26 amdt 2.133 Non-public servant analysts--appointment subject to conditionss 15B hdg sub 2002 No 49 amdt 3.163s 15B ins 2001 No 66 amdt 2.12 am 2002 No 49 amdt 3.164; A2008-26 amdt 2.134 Non-public servant analysts--procedure for imposition etc of conditions on chief executive's initiatives 15C hdg sub 2002 No 49 amdt 3.165s 15C ins 2001 No 66 amdt 2.12 Non-public servant analysts--suspension or cancellation of appointments 15D hdg sub 2002 No 49 amdt 3.166s 15D ins 2001 No 66 amdt 2.12 am 2002 No 49 amdt 3.167; A2008-26 amdt 2.135, amdt 2.136 Protection from liabilitys 17 sub 2001 No 66 amdt 2.13 Generaldiv 3.1 hdg (prev pt 3 div 1 hdg) sub 2000 No 36 amdt 1.3 Public health risk activities and procedures--declarations 18 am 2000 No 36 s 4; 2001 No 44 amdts 1.3365-1.3367 Differential feess 19 am 2000 No 36 amdt 1.4 om 2001 No 44 amdt 1.3368 Compliance with codes of practices 20 am 2000 No 36 amdt 1.5; 2000 No 66 sch 1 pt 13 Licensable public health risk activitiesdiv 3.2 hdg (prev pt 3 div 2 hdg) om 2000 No 36 amdt 1.7 ins 2000 No 36 amdt 1.6 Activity licences--offencess 21 sub 2000 No 36 amdt 1.6 am 2000 No 66 sch 1 pt 13 Exemption from licensing requirement--activity accreditation schemess 22 sub 2000 No 36 amdt 1.6 am 2001 No 44 amdt 1.3369; 2002 No 49 amdt 3.168 Activity accreditation standards--modifications 23 sub 2000 No 36 amdt 1.6 am 2001 No 44 amdts 1.3370-1.3372 Alteration of premises and appliances--offences 24 sub 2000 No 36 amdt 1.6 Alteration of premises and appliances--approvals 25 sub 2000 No 36 amdt 1.6 am 2001 No 44 amdts 1.3373-1.3375 Alteration of premises and appliancess 26 om 2000 No 36 amdt 1.6 Ministerial approvalss 27 om 2000 No 36 amdt 1.6 Inspections 28 om 2000 No 36 amdt 1.6 Activity licence--applications 29 am 2001 No 44 amdt 1.3376, amdt 1.3377 Activity licence--forms 31 sub 2001 No 44 amdt 1.3378 Activity licence--renewals 33 am 2000 No 36 amdt 1.8; 2001 No 44 amdt 1.3379 Activity licence--application for transfers 36 am 2001 No 44 amdt 1.3380 Licensable public health risk activities--false representations 42A ins 2000 No 36 amdt 1.9 am 2000 No 66 sch 1 pt 13 Licensable public health risk activities--inspections 42B ins 2000 No 36 amdt 1.9 Licensable public health risk proceduresdiv 3.3 hdg (prev pt 3 div 3 hdg) sub 2000 No 36 amdt 1.9 Procedure licences--offencess 42C ins 2000 No 36 amdt 1.9 Exemption from licensing requirement--procedure accreditation schemess 42D ins 2000 No 36 amdt 1.9 am 2001 No 44 amdt 1.3381; 2002 No 49 amdt 3.169 Procedure accreditation standards--modifications 42E ins 2000 No 36 amdt 1.9 am 2001 No 44 amdts 1.3382-1.3384 Alteration of appliances--offences 42F ins 2000 No 36 amdt 1.9 Alteration of appliances--approvals 42G ins 2000 No 36 amdt 1.9 am 2001 No 44 amdts 1.3385-1.3387 Procedure licence--applications 43 am 2001 No 44 amdt 1.3388 Procedure licence--forms 46 sub 2001 No 44 amdt 1.3389 Procedure licence--annual feess 47 am 2001 No 44 amdt 1.3390 Procedure licence--suspension and cancellation for failure to pay annual fees 48 am 2001 No 44 amdt 1.3391; 2002 No 49 amdt 3.170, amdt 3.171; ss renum R6 LA (see 2002 No 49 amdt 3.172) Licensable public health risk procedures--false representations 56A ins 2000 No 36 amdt 1.10 Procedure licence--inspections 56B ins 2000 No 36 amdt 1.10 Registration of public health risk activitiesdiv 3.4 hdg ins 2000 No 36 s 5 Registrable public health risk activities--offencess 56C ins 2000 No 36 s 5 Activity registers 56D ins 2000 No 36 s 5 Registered people registers 56E ins 2000 No 36 s 5 Registration--applications 56F ins 2000 No 36 s 5 am 2001 No 44 amdts 1.3392-1.3394 Registration--grant or refusals 56G ins 2000 No 36 s 5 Registration--certificates 56H ins 2000 No 36 s 5 am 2001 No 44 amdts 1.3395-1.3397 Registration--durations 56J ins 2000 No 36 s 5 Registration--renewals 56K ins 2000 No 36 s 5 am 2001 No 44 amdt 1.3398 Registration--change of informations 56L ins 2000 No 36 s 5 Registration--application for approval of transfers 56M ins 2000 No 36 s 5 am 2001 No 44 amdt 1.3399 Registration--grant or refusal of transfers 56N ins 2000 No 36 s 5 Registration--notified suspension and cancellations 56P ins 2000 No 36 s 5 Registration--automatic suspension (prohibition notice)s 56Q ins 2000 No 36 s 5 Registration--return of suspended or cancelled certificatess 56R ins 2000 No 36 s 5 Registration--surrenders 56S ins 2000 No 36 s 5 Registration--false representations 56T ins 2000 No 36 s 5 Registration--inspections 56U ins 2000 No 36 s 5 Registration of specialised systemsdiv 3.5 hdg ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) Definitions for div 3.5s 56V ins 2000 No 36 s 5 def commencement day sub 2002 No 49 amdt 3.173 exp 1 July 2005 (s 56ZD) Meaning of specialised systems 56W ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) Specialised systems--registrable public health risk activitys 56X ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) System licences--registrations 56Y ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) System licences--transitional applicationss 56Z ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) System licences--transitional renewalss 56ZA ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) System licences--transitional transferss 56ZB ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) System licences--transitional suspensions 56ZC ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) Expiry of div 3.5s 56ZD ins 2000 No 36 s 5 exp 1 July 2005 (s 56ZD) Improvement noticesdiv 3.6 hdg (prev pt 3 div 4 hdg) sub 2000 No 36 amdt 1.11 Improvement notice--compliances 57 am 2000 No 66 sch 1 pt 13 Improvement notice--issues 58 am 2002 No 49 amdt 3.174 Improvement notice--revocations 60 am 2001 No 44 amdt 1.3400 Prohibition noticesdiv 3.7 hdg (prev pt 3 div 5 hdg) ins 2000 No 36 amdt 1.11 Prohibition notice--issues 61 am 2002 No 49 amdt 3.175 Prohibition notice--revocations 65 am 2001 No 44 amdt 1.3401 Prohibition orderss 66 am 2000 No 36 amdt 1.12; 2000 No 66 sch 1 pt 13 Supply of syringespt 3A hdg ins A2008-26 amdt 2.137 Supplying syringes to approved peoplediv 3A.1 hdg ins A2008-26 amdt 2.137 Definitions--div 3A.1s 66A ins A2008-26 amdt 2.137 def approval ins A2008-26 amdt 2.137 def approved person ins A2008-26 amdt 2.137 def course of instruction ins A2008-26 amdt 2.137 def health worker ins A2008-26 amdt 2.137 Courses of instructions 66B ins A2008-26 amdt 2.137 Distribution of syringes--approvals 66C reloc from Drugs of Dependence Act 1989 s 86 by A2008-26 amdt 2.25 Approval--surrenders 66D reloc from Drugs of Dependence Act 1989 s 87 by A2008-26 amdt 2.25 Approval--cancellations 66E reloc from Drugs of Dependence Act 1989 s 88 by A2008-26 amdt 2.29 Approval--durations 66F reloc from Drugs of Dependence Act 1989 s 89 by A2008-26 amdt 2.29 Approval--renewals 66G reloc from Drugs of Dependence Act 1989 s 90 by A2008-26 amdt 2.30 Approval--production to polices 66H reloc from Drugs of Dependence Act 1989 s 91 by A2008-26 amdt 2.30 Approval--lending to another persons 66I reloc from Drugs of Dependence Act 1989 s 92 by A2008-26 amdt 2.30 Approval--no liability for ancillary offencess 66J reloc from Drugs of Dependence Act 1989 s 93 by A2008-26 amdt 2.32 Return of approval to chief health officers 66K reloc from Drugs of Dependence Act 1989 s 94 by A2008-26 amdt 2.33 Supplying syringes by vending machinediv 3A.2 hdg ins A2008-26 amdt 2.137 Definitions--div 3A.2s 66L ins A2008-26 amdt 2.137 def approved person ins A2008-26 amdt 2.137 def vending machine ins A2008-26 amdt 2.137 def vending machine approval ins A2008-26 amdt 2.137 Application for vending machine approvals 66M reloc from Drugs of Dependence Act 1989 s 94B by A2008-26 amdt 2.34 Further information for vending machine approval applications 66N reloc from Drugs of Dependence Act 1989 s 94C by A2008-26 amdt 2.34 Decision about vending machine approval applications 66O reloc from Drugs of Dependence Act 1989 s 94D by A2008-26 amdt 2.34 Vending machine approval--conditionss 66P reloc from Drugs of Dependence Act 1989 s 94E by A2008-26 amdt 2.34 Vending machine approval--surrenders 66Q reloc from Drugs of Dependence Act 1989 s 94F by A2008-26 amdt 2.34 Vending machine approval--cancellations 66R reloc from Drugs of Dependence Act 1989 s 94G by A2008-26 amdt 2.36 Vending machine approval--return on surrender or cancellations 66S reloc from Drugs of Dependence Act 1989 s 94H by A2008-26 amdt 2.37 Vending machine approval--no liability for ancillary offencess 66T reloc from Drugs of Dependence Act 1989 s 94I by A2008-26 amdt 2.37 Transitional--syringe approvals under Drugs of Dependence Actdiv 3A.3 hdg ins A2008-26 amdt 2.137 exp 14 February 2011 (s 66X) Definitions--div 3A.3s 66U ins A2008-26 amdt 2.137 exp 14 February 2011 (s 66X) def commencement day ins A2008-26 amdt 2.137 def Drugs of Dependence Act ins A2008-26 amdt 2.137 Transitional--existing approvals under Drugs of Dependence Act to distribute syringess 66V ins A2008-26 amdt 2.137 exp 14 February 2011 (s 66X (LA s 88 declaration applies)) Transitional--uncompleted applications for ACAT reviews 66W ins A2008-26 amdt 2.137 sub A2008-36 amdt 1.576 exp 14 February 2011 (s 66X (LA s 88 declaration applies)) Expiry--div 3A.3s 66X ins A2008-26 amdt 2.137 exp 14 February 2011 (s 66X) Abatement notices--issues 69 am 2002 No 49 amdt 3.176 Abatement notice--revocations 72 am 2001 No 44 amdt 1.3402 Abatement orderss 73 am 2000 No 36 amdt 1.13; 2000 No 66 sch 1 pt 13 Preliminarydiv 5.1 hdg (prev pt 5 div 1 hdg) renum R2 LA Definitions for pt 5s 75 sub 2002 No 49 amdt 3.177 Authorised officers' powersdiv 5.2 hdg (prev pt 5 div 2 hdg) renum R2 LA Entrys 76 am A2006-46 amdt 2.37 Powers upon entrys 78 am A2004-15 amdt 2.151 Power to require name and addresss 79 am A2004-15 amdt 2.152 Obstruction of authorised officerss 82 am 2000 No 66 sch 1 pt 13; 2002 No 11 amdt 2.78, amdt 2.79; 2002 No 49 amdt 3.178 om A2004-15 amdt 2.153 False informations 83 am 2000 No 66 sch 1 pt 13 om A2004-15 amdt 2.153 Seizurediv 5.3 hdg (prev pt 5 div 3 hdg) renum R2 LA Detention of things at place of seizures 85 hdg sub 2002 No 49 amdt 3.179 Interference with seized thingss 86 am 2002 No 49 amdt 3.180 Analysisdiv 5.4 hdg (prev pt 5 div 4 hdg) renum R2 LA Analyst's power of entrys 93 am 2000 No 66 sch 1 pt 13; A2008-26 amdt 2.138 Analysiss 95 om A2008-26 amdt 2.139 Certificate evidence of analysiss 96 om A2008-26 amdt 2.139 Prohibited use of analysiss 98 am 2000 No 66 sch 1 pt 13 Preliminarydiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA Notifiable conditions--Ministerial determinations 100 am 2001 No 44 amdt 1.3403, amdt 1.3404; 2002 No 49 amdt 3.181; A2006-46 amdt 2.38; ss renum R14 LA Notifiable conditions--temporary statuss 101 am 2001 No 44 amdt 1.3405, amdt 1.3406; A2003-56 amdt 3.172; A2006-46 amdt 2.39; ss renum R14 LA Notification of notifiable conditionsdiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA Notification by doctors and authorised nurse practitionerss 102 sub A2004-10 s 30 am A2004-39 amdt 1.36, amdt 1.37; A2005-41 amdt 1.121, amdt 1.122 Doctors and authorised nurse practitioners--failure to notifys 102A ins A2004-10 s 30 Notification by responsible peopleS 105 hdg am R6 LAs 105 am 2002 No 49 amdt 3.182 Authorised notification of contactss 108 am A2004-10 s 31 Disclosure of information that identifies doctor etcs 111 sub A2004-10 s 32 Public health hazardsdiv 6.3 hdg (prev pt 6 div 3 hdg) renum R2 LA Public health directions--notice to doctor or authorised nurse practitioners 114 sub A2004-10 s 33 Public health direction--confinements 115A ins A2006-46 amdt 2.40 Public health direction--implementations 116 am 2002 No 49 amdt 3.183 Public health directions--revocations 117 am 2001 No 44 amdt 1.3407 Public health orderss 118 am 2000 No 36 amdt 1.14; 2000 No 66 sch 1 pt 13 Public health alertspt 6A hdg ins 2000 No 66 sch 1 pt 13 Public health alertss 118A ins 2000 No 66 sch 1 pt 13 sub 2001 No 44 amdt 1.3408 Drinking water and sewage processingpt 6B hdg ins 2000 No 66 sch 1 pt 13 Drinking waterdiv 6B.1 hdg (prev pt 6B div 1 hdg) ins 2000 No 66 sch 1 pt 13 renum R2 LA Definitions for div 6B.1s 118B ins 2000 No 66 sch 1 pt 13 Relationship with other provisions of this Acts 118C ins 2000 No 66 sch 1 pt 13 Water processing health risk--public warning by utilitys 118D ins 2000 No 66 sch 1 pt 13 sub 2001 No 44 amdt 1.3409 am A2009-20 amdt 3.167 Misleading information about water processings 118E ins 2000 No 66 sch 1 pt 13 Provision of water processing information to chief health officers 118F ins 2000 No 66 sch 1 pt 13 Contaminated drinking water provided by water utilitys 118G ins 2000 No 66 sch 1 pt 13 Sewagediv 6B.2 hdg (prev pt 6B div 2 hdg) ins 2000 No 66 sch 1 pt 13 renum R2 LA Definitions for div 6B.2s 118H ins 2000 No 66 sch 1 pt 13 Relationship with other provisions of this Acts 118I ins 2000 No 66 sch 1 pt 13 Sewage processing health risk--public warning by utilitys 118J ins 2000 No 66 sch 1 pt 13 sub 2001 No 44 amdt 1.3410 am A2009-20 amdt 3.167 Misleading information about sewage processings 118K ins 2000 No 66 sch 1 pt 13 Provision of sewage processing information to chief health officers 118L ins 2000 No 66 sch 1 pt 13 Emergency declarationss 119 am 2001 No 4 amdt 1.3411; A2009-20 amdt 1.167 Emergency actions and directionss 120 am 2000 No 66 sch 1 pt 13 Emergency powerss 121 am A2003-56 amdt 3.173, amdt 3.174; A2004-28 amdt 3.52, amdt 3.53; A2008-26 amdt 2.140, amdt 2.141 Compensations 122 am 2002 No 40 amdt 3.34; 2002 No 49 amdt 3.184, amdt 3.185 Reports on emergenciess 123 am 2002 No 49 amdt 3.186 Investigationss 124 am 2002 No 49 amdt 3.187; A2007-25 amdt 1.155 Reportss 127 am 2002 No 49 amdt 3.188 Protection and immunitys 128 am 2002 No 49 amdt 3.189 Investigation offencess 129 am 2000 No 66 sch 1 pt 13 Meaning of reviewable decision--pt 9s 130 am 2000 No 36 s 6; 2001 No 66 amdt 2.14; 2002 No 49 amdts 3.190-3.192 sub A2008-26 amdt 2.142; A2008-36 amdt 1.577 Reviewable decision noticess 131 am 2000 No 36 s 7; 2001 No 66 amdts 2.15-2.17 sub A2008-26 amdt 2.142; A2008-36 amdt 1.577 Applications for reviews 131A ins A2008-36 amdt 1.577 Codes of practices 133 am 2001 No 4 amdt 1.3412, amdt 1.3413; 2002 No 49 amdt 3.193 Development approvals under Planning and Development Act, s 125s 134 sub A2007-25 amdt 1.156 Evidence--records, costs and expensess 135 am 2002 No 49 amdt 3.194 Evidence--certificates by analystss 135A ins A2008-26 amdt 2.143 Acts and omissions of representativess 136 sub 2002 No 49 amdt 3.195 Determination of feess 137 am 2000 No 36 amdt 1.15, amdt 1.16 sub 2001 No 44 amdt 1.3414 Approved formss 137A ins 2001 No 44 amdt 1.3414 Regulation-making powers 138 sub 2000 No 36 s 8 (4)-(6) exp R1 (LR s 15 (1) (o) (iv)) am 2000 No 66 sch 1 pt 13; 2001 No 44 amdt 1.3415, amdt 1.3416 References to health care professional in DI2001-187s 139 ins A2004-39 amdt 1.38 exp 9 January 2009 (s 139 (3)) Modification of Actpt 11 hdg ins A2004-39 amdt 1.38 exp 9 January 2009 (s 143) Application of pt 11s 140 ins A2004-39 amdt 1.38 exp 9 January 2009 (s 143) Section 102 (5) (a)s 141 ins A2004-39 amdt 1.38 exp 9 January 2009 (s 143) Dictionary, definition of counsellor, paragraph (a)s 142 ins A2004-39 amdt 1.38 exp 9 January 2009 (s 143) Expiry of pt 11s 143 ins A2004-39 amdt 1.38 exp 9 January 2009 (s 143) Dictionarydict ins 2000 No 36 s 9 am 2002 No 49 amdt 3.196; A2004-28 amdt 3.54; A2008-26 amdt 2.144; A2008-36 amdt 1.578; A2009-20 amdt 3.168 def abatement notice reloc from s 5 2000 No 36 amdt 1.2 def activity accreditation scheme ins 2000 No 36 s 9 def activity accreditation standards ins 2000 No 36 s 9 def activity licence reloc from s 5 2000 No 36 amdt 1.2 def activity premises alteration ins 2000 No 36 s 9 def activity register ins 2000 No 36 s 9 def analyst reloc from s 5 2000 No 36 amdt 1.2 sub A2008-26 amdt 2.145 def approval ins A2008-26 amdt 2.146 def approved person ins A2008-26 amdt 2.146 def authorisation reloc from s 5 2000 No 36 amdt 1.2 sub 2002 No 49 amdt 3.197 def authorised medical officer reloc from s 5 2000 No 36 amdt 1.2 def authorised nurse practitioner ins A2004-10 s 34 def authorised officer reloc from s 5 2000 No 36 amdt 1.2 sub 2002 No 49 amdt 3.198 def automatic ins 2000 No 36 s 9 def chief health officer reloc from s 5 2000 No 36 amdt 1.2 def code of practice reloc from s 5 2000 No 36 amdt 1.2 def connected ins 2002 No 49 amdt 3.199 def contact reloc from s 5 2000 No 36 amdt 1.2 def contravention ins 2000 No 36 s 9 def corresponding public health risk law reloc from s 5 2000 No 36 amdt 1.2 def counsellor reloc from s 5 2000 No 36 amdt 1.2 am A2004-39 amdt 1.39 def course of instruction ins A2008-26 amdt 2.146 def defined influential person reloc from s 5 2000 No 36 amdt 1.2 def determined fee reloc from s 5 2000 No 36 amdt 1.2 om R2 LA def director reloc from s 5 2000 No 36 amdt 1.2 def education reloc from s 5 2000 No 36 amdt 1.2 def EIS ins A2007-25 amdt 1.157 def emergency declaration reloc from s 5 2000 No 36 amdt 1.2 def emergency direction reloc from s 5 2000 No 36 amdt 1.2 def environmental impact statement ins A2007-25 amdt 1.158 def functions reloc from s 5 2000 No 36 amdt 1.2 om R2 LA def health worker ins A2008-26 amdt 2.146 def improvement notice reloc from s 5 2000 No 36 amdt 1.2 def insanitary condition reloc from s 5 2000 No 36 amdt 1.2 def licensable public health risk activity ins 2000 No 36 s 9 def licensable public health risk procedure ins 2000 No 36 s 9 def location ins 2000 No 36 s 9 def location-specific ins 2000 No 36 s 9 def medical practitioner reloc from s 5 2000 No 36 amdt 1.2 om R6 LA def notifiable condition reloc from s 5 2000 No 36 amdt 1.2 def notified suspension or cancellation ins 2000 No 36 s 9 def nurse practitioner position ins A2004-10 s 34 sub A2006-27 amdt 2.10 def occupier ins 2000 No 36 s 9 sub A2003-56 amdt 3.175 def occupier ins 2002 No 49 amdt 3.200 sub A2003-56 amdt 3.175 def offence ins 2002 No 49 amdt 3.200 def pathologist reloc from s 5 2000 No 36 amdt 1.2 def patient reloc from s 5 2000 No 36 amdt 1.2 sub A2008-26 amdt 2.147 def place reloc from s 5 2000 No 36 amdt 1.2 def premises reloc from s 5 2000 No 36 amdt 1.2 def procedure accreditation scheme ins 2000 No 36 s 9 def procedure accreditation standards ins 2000 No 36 s 9 def procedure appliance alteration ins 2000 No 36 s 9 def procedure licence reloc from s 5 2000 No 36 amdt 1.2 def processing ins 2002 No 49 amdt 3.200 def processing ins 2002 No 49 amdt 3.200 def prohibition notice reloc from s 5 2000 No 36 amdt 1.2 def public health reloc from s 5 2000 No 36 amdt 1.2 def public health direction reloc from s 5 2000 No 36 amdt 1.2 def public health officer reloc from s 5 2000 No 36 amdt 1.2 def public health risk activity reloc from s 5 2000 No 36 amdt 1.2 def public health risk procedure reloc from s 5 2000 No 36 amdt 1.2 def registered activity ins 2000 No 36 s 9 def registered location ins 2000 No 36 s 9 def registered person ins 2000 No 36 s 9 def registered people register ins 2000 No 36 s 9 def registrable public health risk activity ins 2000 No 36 s 9 def registration ins 2000 No 36 s 9 def registration certificate ins 2000 No 36 s 9 def responsible person reloc from s 5 2000 No 36 amdt 1.2 sub A2004-10 s 35 def reviewable decision ins A2008-36 amdt 1.579 def sewerage utility ins 2002 No 49 amdt 3.200 def scope of practice ins A2004-10 s 36 sub A2006-27 amdt 2.11 def syringe ins A2008-26 amdt 2.148 def this Act om 2001 No 44 amdt 1.3417 def transmissible notifiable condition reloc from s 5 2000 No 36 amdt 1.2 def utility ins 2000 No 66 sch 1 pt 13 def vending machine ins A2008-26 amdt 2.148 def vending machine approval ins A2008-26 amdt 2.148 def water distributor ins 2002 No 49 amdt 3.200 def water supplier ins 2002 No 49 amdt 3.200 def water utility ins 2002 No 49 amdt 3.200 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 2000 No 36 23 October 2000 2 Act 2001 No 44 12 September 2001 3 Act 2001 No 66 10 March 2002 4 Act 2002 No 11 29 May 2002 5 Act 2002 No 40 1 November 2002 6* A2002-49 31 December 2002 7 A2003-56 19 December 2003 8 A2004-15 9 April 2004 9 A2004-15 27 May 2004 10 A2004-28 1 July 2004 11 A2004-39 2 July 2005 12 A2004-39 7 July 2005 13 A2006-27 1 November 2006 14 A2006-46 18 November 2006 15 A2006-46 14 December 2006 16 A2007-25 31 March 2008 17 A2008-36 10 January 2009 18* A2008-36 14 February 2009 (c) Australian Capital Territory 2009 PUBLIC HEALTH ACT 1997 - NOTES Australian Capital Territory A1997-69 Republication No 19 Effective: 22 September 2009 Republication date: 22 September 2009 Last amendment made by A2009-20Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Public Health Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 22 September 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Public Health Act 1997 Endnotes Australian Capital Territory Public Health Act 1997