Australian Capital Territory Consolidated Acts

PUBLIC HEALTH ACT 1997 - SECT 42D

    (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.