PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 5 Precautionary principle
- 6 Act binds Crown
- 7 Application of Criminal Code
PART 2--PUBLIC HEALTH RISK ACTIVITIES
Division 1--General matters
Division 2--Registration of businesses carrying out declared activities
- 10 Business required to be registered
- 11 Application for registration
- 12 Grant or refusal of registration
- 13 Conditions of registration
- 14 Compliance with conditions by proprietor
- 15 Compliance with conditions by mobile operator
- 16 Term of registration
- 17 Renewal of registration
- 18 Display of registration notice
- 19 Registration non-transferable
- 20 Variation of conditions of registration
- 21 Cancellation of registration
- 22 Applying for registration after cancellation
- 23 Changes relating to registered business to be notified
- 24 CHO to be notified of sale or disposal of business
PART 3--PUBLIC HEALTH NUISANCES
- 25 Public health nuisance and its source
- 26 Causing or permitting public health nuisance
- 27 Complaint about public health nuisance
- 28 Investigation of complaint
PART 4--PUBLIC HEALTH NOTICES AND ORDERS
Division 1--Public health notices
- 29 Issue of public health notice
- 30 Compliance with public health notice
- 31 Duration of public health notice
Division 2--Public health orders
- 32 Issue of public health order
- 33 Duration of public health order
- 34 Compliance with public health order
- 35 Display of public health order
- 36 Enforcement of public health order
Division 3--Extension and cancellation
- 37 Extension of period for compliance with public health notice or order
- 38 Cancellation of public health notice or order
PART 5--SPECIAL POWERS
Division 1--Conduct of inquiries
- 39 Establishment of inquiry
- 40 Procedure of inquiry
- 41 Powers of inquirer
- 42 Report of inquiry
- 43 Directions by inquirer
- 44 Misleading information and documents
- 45 Contempt of inquiry
- 46 Protection and immunity from liability
Division 2--Emergency powers
- 47 Application of Division
- 48 Declaration of public health emergency
- 49 Content of declaration
- 50 Duration of declaration
- 51 Notification or extension of declaration
- 52 CHO's emergency powers
- 52A CHO's power to charge fees during emergencies
- 52B Determination regarding emergency fee money
- 53 Appointment and powers of authorised officer during public health emergency
- 54 Record of action taken during public health emergency
- 55 Report on public health emergency
- 56 Contravention of emergency declaration or direction
- 57 Limitation on stay of operation of emergency powers
Division 2A--Post-emergency powers: COVID-19 pandemic
- 57A Application of Division
- 57B CHO's powers
- 57C Conditions and consultation requirements for exercise of powers under section 57B
- 57D Publication requirements
- 57E CHO's power to charge fees
- 57F Determination regarding fee money
- 57G Appointment and powers of authorised officers under this Division
- 57H Record of action taken under this Division
- 57J Report
- 57K Contravention of direction
- 57L Limitation on stay of operation of powers
Division 3--Powers relating to things that threaten public health
Division 4--Power to take action
- 60 Action taken if direction, public health notice or order contravened
- 61 Action if public health nuisance exists
- 62 CHO may authorise entry and work
Division 5--Health information
PART 6--ADMINISTRATION
Division 1--Chief Health Officer
Division 2--Enforcement agencies
- 70 Appointment of enforcement agency
- 71 Delegation to agency
- 72 Powers and functions
- 73 Fees and charges
- 74 Appointment of authorised officers
- 75 Failure by enforcement agency to act
Division 3--Authorised officers
- 76 Who is authorised officer
- 77 Qualifications for appointment
- 78 Identity card
- 79 Functions and powers
Division 4--Powers of entry, inspection, seizure
- 80 Entry, inspection and seizure
- 81 Warrants
- 82 Obtaining warrant by telephone or other electronic method
- 83 Entering Aboriginal land
- 84 Requirement to provide information
- 85 Requirement to produce documents or things
- 86 Failing to comply with requirement of authorised officer
- 87 Obstructing and threatening authorised officer
- 88 False representation
Division 5--Seizure and forfeiture of things
Subdivision 1--Seizure- 89 Detention of thing seized
- 90 Notification of seizure of thing
- 91 Return of thing seized Subdivision 2--Order disallowing seizure
- 92 Application for order disallowing seizure
- 93 CHO entitled to answer application
- 94 Order disallowing seizure of seized thing
- 95 Ancillary orders
- 96 Adjournment pending hearing of other proceedings Subdivision 3--Forfeiture
- 97 Forfeiture of seized thing
- 98 Destruction or disposal of forfeited thing
- 99 Return of forfeited thing
- 100 Compensation to be paid in certain circumstances
PART 7--GUIDELINES AND STANDARDS
- 101 Guidelines
- 102 Standards
- 103 Inspection and purchase of copies of guidelines, standards and related documents
PART 8--REVIEWS AND APPEALS
- 104 Reviewable decisions and affected persons
- 105 Review by CHO
- 106 Appeal against decision on review
- 107 Appeal against decision relating to emergency declaration
- 108 Conduct of appeal
- 109 Operation and implementation of decision pending review or appeal
PART 9--GENERAL OFFENCES AND PROCEDURAL MATTERS
Division 1--General offences
- 110 Contravention of exemption
- 111 Bribery
- 112 Confidentiality of information
- 113 Misleading information and documents
- 113A Coughing or spitting on certain workers
Division 2--Criminal liability for offences
- 114 Definitions
- 115 Liability of representative
- 116 Conduct of representative
- 117 Criminal liability of partner in partnership
- 118 Criminal liability of manager of unincorporated association
- 119 Criminal liability of executive officer of body corporate
Division 3--Legal proceedings
- 120 Who may start proceedings under Act
- 121 When proceedings under Act started
- 122 Offender liable for certain costs
- 123 Publication of names of offenders and other information
PART 10--MISCELLANEOUS MATTERS
- 124 Approved forms
- 125 Administering Agency registers
- 126 Information in Administering Agency registers
- 127 Inspection of Administering Agency registers
- 128 Enforcement agency registers
- 129 Exemption from application of Act
- 130 Powers of police officers
- 131 Protection from liability
- 132 Acquisition on just terms
- 133 Regulations
PART 10A--VALIDATION OF CHIEF HEALTH OFFICER DIRECTIONS
- 133A Definitions
- 133B Purpose and effect of Part
- 133C Validated directions
- 133D Consequential effects of validation
- 133E Effect on contraventions of validated directions
- 133F Amendment and revocation
PART 11--REPEALS AND TRANSITIONAL MATTERS
Division 1--Repeal of Acts
- 134 Acts repealed
Division 2--Transitional matters for Public and Environmental Health Act 2011
- 135 Definitions
- 136 Registration of business carrying out declared activity
- 137 Appointments
- 138 Notices under section 7C
- 139 Regulations and other instruments
Division 3--Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
- 140 Offences – before and after commencement
Division 4--Transitional matters for Public and Environmental Health Legislation Amendment Act 2020
- 141 Offences