PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011
PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011
TABLE OF PROVISIONS
Long Title
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
8. Application of Part
9. Declaration of public health risk activities
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
58. Dealings with certain things
59. Removal and destruction of things
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
63. CHO may obtain health information
64. Use of health information
65. Register of health information
PART 6--ADMINISTRATION
Division 1--Chief Health Officer
66. Establishment of office
67. Appointment of CHO
68. Powers and functions
69. Delegation
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
Division 5--Transitional matters for Public and Environmental Health Legislation Amendment Act 2022
142. Definition
143. Written directions of CHO
144. Appointment of and direction to authorised officers
SCHEDULE 1
SCHEDULE 2
ENDNOTES
