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
- 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
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
PART 3B--PHARMACIES
- 66U Meaning of community pharmacy—pt 3B
- 66V Ownership of pharmacy business
- 66W Standard of premises
- 66X Restriction on pharmacy premises—supermarkets
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 nurse practitioners
- 102A Doctors and nurse practitioners—failure to notify
- 103 Pathologists
- 104 Hospitals
- 105 Notification by responsible people
- 106 Notification by affected person—notifiable conditions
- 107 Unauthorised assertions
- 108 Authorised notification of contacts
- 109 Use of notified information
- 110 Disclosure of information—person with notifiable condition
- 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 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 Declarations for the Planning Act 2023
- 135 Evidence—costs and expenses
- 135A Evidence—certificates by analysts
- 136 Acts and omissions of representatives
- 137 Determination of fees
- 138 Regulation-making power DICTIONARY ENDNOTES