New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 51

51 Skin penetration procedures-power of environmental health officers to enter and inspect premises

(1) An environmental health officer who believes on reasonable grounds that premises are used for the carrying on of skin penetration procedures may enter the premises and do any one or more of the following on those premises:

(a) inspect the premises,

(b) make inquiries of any person found on the premises,

(c) examine, inspect or test any apparatus, equipment or works,

(d) take and remove samples of any substance or other thing,

(e) require the samples referred to in paragraph (d) to be taken and given to the environmental health officer or another person or to the Director-General,

(f) take such photographs, films and audio, video and other recordings as the environmental health officer considers necessary,

(g) require records to be produced for inspection,

(h) examine, inspect and copy any records,

(i) make such other examinations, inquiries and tests as the environmental health officer considers necessary.

(2) Section 72 (Powers of entry) applies in relation to the exercise of powers conferred by this section.

(3) In this section:
"skin penetration procedure" means any of the following procedures:

(a) acupuncture,

(b) tattooing,

(c) ear piercing,

(d) hair removal,

(e) any other procedure (whether medical or not) that involves skin penetration,

(f) any other procedure prescribed by the regulations,

but does not include:

(g) a procedure carried out in the practice of medicine or dentistry by:

(i) a medical practitioner registered under the Medical Practice Act 1992 , or

(ii) a dentist registered under the Dentists Act 1989 , or

(iii) a person acting under the direction or supervision of such a medical practitioner or dentist, or

(h) any other procedure prescribed by the regulations.