Australian Capital Territory Consolidated Acts

PUBLIC HEALTH ACT 1997 - SECT 18

    (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.