New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 10AI

10AI Restricted health services-powers of authorised officers appointed under other Acts

(1) An authorised officer, who is authorised under this Division to ascertain whether a provision of this Division is being complied with, has and may exercise for that purpose all the functions that the authorised officer has under the officer’s Act for the purpose of ascertaining whether a provision of the officer’s Act is being complied with or has been contravened.

(2) For the purposes of subsection (1):

(a) the functions of the authorised officer under the officer’s Act apply in respect of premises on which a person engages in a restricted health service in the course of providing a health service in the same way as those functions apply in respect of premises on which a person engages in professional practice under the officer’s Act, and

(b) the functions of the authorised officer under the officer’s Act apply in respect of engaging in the restricted health service in the course of providing a health service in the same way as they apply in respect of professional practice engaged in under the officer’s Act, and

(c) the provisions of an officer’s Act with respect to the functions of an inspector, authorised officer or authorised person (including any provision that creates an offence in connection with those functions) extend to the exercise of functions of the authorised officer under this section as if the functions under this section were exercised under the officer’s Act.

(3) In this section:
"authorised officer" means an authorised person or inspector who is authorised to ascertain whether a particular section of this Division is being complied with.
"officer’s Act", in relation to an authorised officer, means the Act under which the authorised officer is appointed as an authorised person or inspector.
"restricted health service" means a health service that is specified to be a restricted health service for the purposes of this Division.