PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) BILL 2003 Explanatory Notes
PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) BILL 2003
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Public Health (Infection Control for Personal
Appearance Services) Bill 2003
PUBLIC HEALTH
(INFECTION CONTROL FOR
PERSONAL APPEARANCE SERVICES)
BILL 2003
EXPLANATORY NOTES
GENERAL OUTLINE
Policy Objectives of the Bill
The policy objective of the Bill is to minimise the risk of infection that
may result from the provision of hairdressing, beauty therapy and skin
penetration services (collectively referred to as "personal appearance
services").
Personal appearance services are currently regulated under Sections 33
and 100A of the Health Act 1937 and Parts 5 and 15 of the Health
Regulation 1996.
The current legislation was reviewed under the National Competition
Policy (NCP). A Public Benefit Test and a Risk Assessment were
undertaken as part of the review. The Risk Assessment found that some
personal appearance activities (eg. hairdressing) pose a relatively low risk
of infection transmission, while other personal appearance activities (eg.
tattooing and body piercing) pose a higher risk of transmission of serious
blood-borne diseases (eg. HIV and Hepatitis C).
The Public Benefit Test Report concluded that a two-tiered regulatory
model for personal appearance services was the most appropriate method
of achieving the legislative objective of minimising infection risks, without
unnecessarily restricting competition. This regulatory model, which is
incorporated in the Bill, imposes an obligation on all personal appearance
services to minimise infection risks to clients but requires only higher risk
personal appearance services (eg. tattooing and body piercing) to be
licensed.
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Means of Achieving Objective
The Bill will replace the existing legislation regulating hairdressing,
beauty therapy and skin penetration activities and will establish a
framework that:
· requires businesses and individuals providing personal
appearance services to take all reasonable precautions and care to
minimise infection risks
· requires proprietors of businesses providing higher risk personal
appearance services to hold a licence
· requires individuals providing higher risk personal appearance
services to hold an infection control qualification
· provides for compliance with the Act to be monitored and
enforced.
Personal appearance services
The Bill applies to personal appearance services that are beauty therapy,
hairdressing or skin penetration services provided as part of a business
transaction. It does not apply to personal appearance services provided in a
health-care facility. The Bill provides for the following two types of
personal appearance services:
· higher risk personal appearance services; and
· non higher risk personal appearance services.
Higher risk personal appearance services
Higher risk personal appearance services are personal appearance
services that involve any of the following skin penetration procedures in
which the release of blood or other bodily fluid is an expected result:
· body piercing
· implanting natural or synthetic substances into a person's skin,
including, for example, hair or beads
· scarring or cutting a person's skin using a sharp instrument to
make a permanent mark, pattern or design
· tattooing
· another skin penetration procedure prescribed under a regulation.
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Non higher risk personal appearance services
Non higher risk personal appearance services are beauty therapy,
hairdressing and skin penetration procedures (eg. closed ear or nose
piercings) that are not included in the definition of higher risk personal
appearance services.
Responsibility for administration and enforcement
Local governments will have the responsibility for the administration
and enforcement of the Bill in their respective local government area.
Local governments may recover their monitoring costs by charging
reasonable fees for licensing and inspections of places of business. This
applies to all businesses, whether they provide higher risk personal
appearance services or non higher personal appearance services.
Obligation of business proprietors and operators of personal appearance
services
The Bill provides that business proprietors and operators of personal
appearance services (higher risk and non higher risk) must take all
reasonable precautions and care to minimise infection risks to the
proprietors' clients. This obligation can be met by following infection
control guidelines made by the Minister, or by adopting other measures
that minimise infection risks.
Licensing of higher risk personal appearance services
Proprietors of businesses at which higher risk personal appearance
services are provided are required to hold a licence.
Before a licence is granted, the local government must be satisfied that:
· the applicant is a suitable person to hold a licence, having regard
to matters such as whether the applicant has been convicted of a
relevant offence or has had a similar licence or registration
suspended or cancelled
· the premises are suitable for the provision of higher risk personal
appearance services, having regard to matters such as whether
relevant building requirements have been met and that cleaning,
waste disposal and sterilising equipment will enable safe
infection control practices.
Individuals providing higher risk personal appearance services are
required to hold an infection control qualification.
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Estimated Cost for Government Implementation
As with the current legislation under which personal appearance services
are regulated, the Bill will be administered and enforced by local
governments. Therefore, the Bill will not have any significant financial
implications for the Queensland Government.
Consistency with Fundamental Legislative Principles
Aspects of the Bill which raise possible fundamental legislative
principles issues are outlined below.
Defences
Clause 27(3) specifies that sections 23 and 24 of the Criminal Code do
not apply to a contravention of a person's obligation under the Act to
minimise infection risks. These sections of the Criminal Code require the
prosecution to disprove potential excuses of mistakes of fact; acts and
omissions that occur independently of the exercise of the will; or an event
that occurs by accident. The exclusion of sections 23 and 24 of the
Criminal Code is necessary because some matters are inherently within the
knowledge of persons with obligations under the Act.
Clause 27(3) balances the exclusion of the Criminal Code provisions by
providing that it is a defence to prove that the commission of the offence
was due to causes over which the person had no control.
Making of Infection Control Guidelines
Clause 28 authorises the Minister to make guidelines about the matters
specified in that clause. The guidelines will be of a complex nature and deal
with technical issues (eg. specifications for cleaning of instruments) and will
draw upon recognised standards published by the Standards Association of
Australia. Therefore, the guidelines could not be easily translated into a
legislative format.
As the Minister, rather than the Legislative Assembly, has responsibility
for the making of these guidelines, it may be contended that this provision
does not have sufficient regard to the institution of the Parliament.
However, the Bill specifies that a guideline is of no effect unless the
Minister notifies the making of the guideline by notice and that the notice is
subordinate legislation as defined by section 9 of the Statutory Instruments
Act 1992.
As subordinate legislation, a notice made under clause 28 of the Bill is
subject to the requirements of section 49 of the Statutory Instruments Act
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1992, which specifies that subordinate legislation must be tabled in the
Legislative Assembly within 14 sitting days after it is notified in the
gazette, in order for it to come into effect. The Legislative Assembly will
therefore be aware of all guidelines made by the Minister under the Bill. If,
for some reason, the Legislative Assembly objects to the substance of a
guideline, section 50 of the Statutory Instruments Act 1992 could be
utilised to disallow the notice which notified the making of the guideline.
As a consequence of the notice being disallowed, the guideline would
cease to have any effect.
Powers of entry
Under clause 79 an authorised person may, without consent or a warrant,
enter a premises at which a business proprietor carries on business
providing personal appearance services and is open for carrying on
business or otherwise open for entry.
A power of entry to licensed premises when the premises are open for
business is consistent with other modern licensing legislation. In the case
of businesses that provide personal appearance services, the power to enter
at any time when the services are being provided is necessary to ensure that
the requirements of the Bill are being complied with and that the potential
health risks to persons receiving personal appearance services are
minimised.
Reasonable excuse for failure to comply with document production
requirement
Clause 102 makes it an offence for a person to fail to provide a document
to an authorised person unless the person has a reasonable excuse. The
provision specifies that non-compliance on the basis of a tendency to
incriminate the person is not a reasonable excuse. This provision may be
regarded as compromising the person's protection against self-
incrimination.
An authorised person's power to require a person to produce a document
or make a document available for inspection is limited to documents issued
to, or required to be kept by, the person under the Bill, for example, a
licence. Given the limited extent of this provision and the importance of
such documents in achieving the objectives of the legislation, it is
reasonable to require a person to comply with the requirement even if to do
so might tend to incriminate the person.
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Liability of person for conduct of representatives
Clause 141 provides that an act or omission by a person's representative,
relating to an offence against the Bill, is taken to have been done by the
person, if the representative was acting within the scope of the
representative's authority. In these circumstances, the person will have
been taken to have committed the relevant offence unless the person can
prove that the person could not, by the exercise of reasonable diligence,
have prevented the act or omission.
Clause 142 provides that, if a corporation is convicted of an offence
against the legislation, each executive officer of the corporation is taken to
have committed the offence of failing to ensure that the corporation
complies with the relevant provision. The effect of this clause is to
presume an executive officer of a corporation to be guilty unless the
executive officer can prove that he or she took all reasonable steps to ensure
the corporation complied with the provision, or that he or she was not in a
position to influence the conduct of the corporation in relation to the
offence.
While these provisions effectively provide for the reversal of the onus of
proof, it is important to note that the offences provided for under the
legislation deal with major public health issues (eg. failure to minimise
infection risks for body piercing and tattooing services). Having regard to
the object of the legislation, it is appropriate that:
· a person be required to oversee the conduct of his or her
representatives and, in doing so, make reasonable efforts to
ensure that his or her employees or agents comply with the
requirements of the legislation;
· an executive officer who is a position to influence the conduct of
a corporation be required to ensure the corporation complies with
the legislation; and
· an executive officer who is responsible for a contravention of the
legislation, be accountable for his or her actions and not be able
to `hide' behind the corporation.
The provisions are therefore warranted to ensure that there is effective
accountability at a corporate level.
Immunity from civil liability
Clause 145 specifies that the Minister, the chief executive, a local
government, an authorised person, or a person acting under the direction of
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an authorised person is not civilly liable for an act, or omission, made
honestly and without negligence under the Bill.
It is not considered appropriate that an individual be made personally
liable as a consequence of that individual carrying out his or her
responsibilities under the legislation in good faith. The clause prevents
civil liability from being attached to the individual. If the official is the
chief executive officer of a local government, an authorised person
appointed by a local government, or a person acting under the direction of
an authorised person, the liability instead attaches to the local government.
If the official is the Minister or the chief executive, the liability attaches to
the State. The proposed immunity under this clause does not extend to an
official who has been negligent, even though the official may have acted in
good faith.
Lapsing of Existing Licences and Registrations
Clauses 151 and 158 provide that existing licences for hairdressing and
beauty services, and registrations in relation to skin penetration services
that are not higher risk personal appearance services, lapse on the
commencement of the new legislation. These services are not required to
be licensed under the Bill. As the Bill does not require local governments
to refund, on a pro rata basis, the licence fee in respect of any unexpired
balance of the licence term, it may be argued that this infringes the rights of
the licensees or proprietors of those services.
It is proposed that the new legislation will be proclaimed to commence
on 30 June, either in 2004 or 2005, depending on when the Bill is passed.
As licences and registrations issued by most local governments expire on
30 June, the issue of refunding fees will not arise for licensees or
proprietors in most local government areas.
Regulation-making Power
Clauses 153, 154, 157 and 159 allow a regulation to be made to delay the
application of certain provisions of the Bill relating to licences to carry on
business providing higher risk personal appearance services. The relevant
provisions make it a condition of licence that the business premises must
comply with the building standards in Part 15 of the Queensland
Development Code. They also allow a local government, when deciding an
application for a licence, to take into account whether the premises comply
with those building standards. This regulation-making power is included
as it may be necessary to allow business proprietors a reasonable period of
time after the Act commences, to carry out any necessary upgrading of
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their existing premises to ensure they meet the relevant building standards.
Whether a regulation is made will depend on when the Act commences.
Clause 161 allows the making of a regulation that may provide for a
matter that is necessary to achieve the transition from the Health
Regulation 1996 to the new legislation. Although Part 10 of the Bill deals
with all anticipated matters necessary to effect the transition, there may be
unforeseen consequences that are not dealt with in the Bill. Given the
infection risks associated with personal appearance services, in particular,
higher risk personal appearance services, it is imperative that any
unintended consequences that may arise during the transition to the new
legislation can be dealt with swiftly. The clause would only be used in
exceptional circumstances.
Consultation
Extensive consultation has been undertaken in relation to the Bill.
In September 1998, Queensland Health distributed the Discussion
Paper: Review of Hairdressing, Beauty Therapy and Skin Penetration
Legislation to key stakeholders to comment on issues relevant to the review
of the current legislation.
In July 2000, the Executive Summary of the Public Benefit Test Report
prepared as part of the NCP Review of the current legislation was
published for public information.
In September 2001, a consultation paper was distributed to key
stakeholders seeking feedback on the development of Infection Control
Guidelines, the Building Code provisions relating to premises at which
personal appearance services are provided, and issues about the
implementation and enforcement of the new legislation.
In February 2003, a consultation draft of the Bill, draft Infection Control
Guidelines and draft Building Code provisions were distributed for
comment to stakeholders including:
· Local Government Association of Queensland
· Australian Institute of Environmental Health (Queensland
Branch)
· Queensland Master Hairdressers Industrial Union of Employees
· Hairdressers Federation of Queensland Union of Employees
· Australasian Federation of Aestheticians and Beauty Therapists
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· Liquor, Hospitality & Miscellaneous Workers Union
· Australian Natural Therapies Association
· Advanced Association of Beauty Therapists Australia
· Association of Professional Aestheticians of Australia
· Australian Professional Fingernail Association
· Commerce Queensland
· Professional Tattooing Association of Australia
· Australian Council of Private Education and Training
· Queensland Community Services & Health Industries Training
Council
· 10 local governments representing a cross-section of urban,
regional and rural areas in Queensland.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Division 1--Introduction
Clause 1 sets out the short title of the Act.
Clause 2 provides for the Act to commence on a day fixed by
proclamation.
Division 2--Application and purpose of Act
Clause 3 specifies that the Act does not apply to personal appearance
services provided in health-care facilities. The term "health-care facility" is
defined in the dictionary in Schedule 2 of the Bill.
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Clause 4 specifies that the Act binds all persons. However, this clause
provides that the State is bound only by Part 2, Division 1. The effect of
this provision is that State facilities providing personal appearance services
for a fee will be required to take reasonable steps to minimise infection
risks. However, these State facilities will not be subject to the licensing
requirements for higher risk personal appearance services or be inspected
by local government to monitor compliance with the legislation. An
example of a State facility in this category would be a TAFE College at
which trainee hairdressers provide hairdressing services to the public.
Clauses 5 and 6 outline the relationship between the Act and a person's
civil liabilities or remedies. The effect of these provisions is that a breach
of an obligation under the Act, for example under clause 19, would not
expose a person to liability under a civil action for breach of statutory duty.
However, another civil right or remedy, for example, based on negligence,
would not be affected or limited by the Act. Clause 6 also provides that
compliance with the Act does not necessarily show that any other civil
obligation that exists apart from the Act has been satisfied or has not been
breached.
Clause 7 provides that the purpose of the Act is to minimise the risk of
infection that may result from the provision of personal appearance
services.
Clause 8 outlines how the purpose of the Act is to be achieved.
Division 3--Administration and Enforcement
Clause 9 provides that the administration and enforcement of the Act is a
function of local government. A local government is responsible for its
local government area.
This clause also provides that a local government may make a resolution
or local law that is not inconsistent with the Act. A resolution or local law
may be made about the fees payable for providing a service or taking
action under the Act but the fee must not be more than the cost to the local
government of providing the service or taking the action for which the fee
is charged.
Clause 9(3) specifies that if a fee is prescribed under a regulation, the
local government cannot make a resolution or local law setting a fee more
than the fee prescribed for providing the service or taking the action.
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Clause 9(4) and (5) provide the chief executive (of Queensland Health)
with a reserve power to do a thing if satisfied that a local government has
failed to do the thing in the administration or enforcement of the Act, or the
local government and the chief executive agree that the chief executive
should do the thing. In the case of the local government's failure to do the
thing, the reasonable costs and expenses incurred by the chief executive are
a debt payable by the local government to the State. Clause 9(6) allows the
chief executive to perform the functions and exercise the powers of a local
government, including appointing Queensland Health employees as
authorised persons. Clause 9(7) specifies that such appointments may be
made before or after an event mentioned in clause 9(4) happens.
Division 4--Interpretation
Clause 10 provides that particular words used in the Bill are defined in
the dictionary in Schedule 2 to the Bill (located at the end of the Bill).
Clause 11 defines "beauty therapy".
Clause 12 defines "body piercing". It does not include the process of
piercing a person's ear or nose with a closed piercing instrument that does
not come into contact with the person's skin or mucous membrane and is
fitted with a sterilised single-use disposable cartridge containing sterilised
jewellery.
Clauses 13 to 18 define the terms "hairdressing", "higher risk personal
appearance services", "non higher risk personal appearance services",
"personal appearance service", "skin penetration" and "tattooing".
PART 2--OBLIGATIONS RELATING TO PERSONAL
APPEARANCE SERVICES
Division 1--Obligations to minimise infection risks for personal
appearance services
Clause 19 requires a business proprietor to take all reasonable
precautions and care to minimise infection risks to their clients. A business
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proprietor must also ensure that operators (ie. individuals) employed by the
proprietor take all reasonable precautions and care to minimise infection
risks to the proprietor's clients.
An operator also has an obligation to take all reasonable precautions and
care to minimise infection risks when providing personal appearance
services to a client.
Clause 20 specifies that if a regulation prescribes a way of minimising an
infection risk, a business proprietor or operator may discharge their
obligation relating to the risk only by following the way prescribed in the
regulation. This clause also specifies that, if infection control guidelines
made by the Minister state a way of minimising an infection risk, a
proprietor or operator may discharge their obligation relating to the risk
only by adopting and following the way stated, or by adopting and
following another way that minimises the infection risk.
Clause 21 provides that if there is no regulation or infection control
guideline stating or prescribing a way to discharge a business proprietor's
or operator's obligation in relation to an infection risk, the proprietor or
operator may choose an appropriate way to discharge their obligation in
relation to the risk. The proprietor or operator must still take all reasonable
precautions and care to ensure their obligation to minimise the infection
risk is discharged.
Division 2--Further obligations for higher risk personal appearance
services
Clause 22 makes it an offence for a person to carry on business
providing higher risk personal appearance services unless the person holds
a licence.
Clause 23 makes it an offence for a licensee to provide a higher risk
personal appearance service from premises unless the premises are stated
on the licensee's licence.
Clause 24 makes it an offence for a person to personally provide a higher
risk personal appearance service unless the person holds an infection
control qualification.
Clause 25 makes it an offence if a business proprietor does not ensure an
operator employed or otherwise engaged by the proprietor who provides
higher risk personal appearance services holds an infection control
qualification.
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Division 3--Obligations for non higher risk personal appearance
services
Clause 26 makes it an offence for a business proprietor who starts
carrying on business providing non higher risk personal appearance
services to fail to notify the local government for the area within 30 days of
starting to carry on business. This obligation only applies if a local law of
the local government requires the proprietor to give the notice. This clause
also sets out the particulars that must be stated in the notice and provides
that the local government must not charge a fee for a notice given under
this clause.
Division 4--Defences
Clause 27 specifies a defence that may be relied upon by a person in
proceedings for the offence against clause 19 relating to an infection risk,
where the prosecution has proved the person has not adopted or followed
the way to minimise the risk stated in an infection control guideline.
This clause also provides that sections 23 and 24 of the Criminal Code
do not apply to a contravention of a person's obligation under the Act to
minimise infection risks. The effect of this provision is that, in proceedings
for an offence against clause 19, the prosecution does not have to prove that
a person had an intention to contravene the provision, or was acting under a
mistaken belief about something that resulted in the contravention of the
Act. The rationale for this provision is discussed in the General Outline
section of these Notes.
PART 3--INFECTION CONTROL GUIDELINES
Clause 28 enables the Minister to make infection control guidelines
stating ways to minimise infection risks. This clause also provides that an
infection control guideline is of no effect unless the Minister notifies the
making of the guideline. Although the guideline is not itself subordinate
legislation (as defined by section 9 of the Statutory Instruments Act 1992),
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the clause provides that the notice which notifies the making of the
standard is subordinate legislation.
Clause 29 specifies the circumstances in a proceeding under the Act
when a document purporting to be an infection control guideline is
admissible as evidence of the guideline.
PART 4--LICENCES TO CARRY ON BUSINESS
PROVIDING HIGHER RISK PERSONAL APPEARANCE
SERVICES
Division 1--Applications for and issue of licences
Clause 30 specifies which local government an application for a licence
to provide higher risk personal appearance services is to be made. An
application for a licence for fixed premises must be made to the local
government for the area in which the premises are located while an
application in relation to mobile premises may be made to any local
government. This clause also makes it clear that an application for a
licence in relation to mobile premises may be made to a local government
even though the services are to be, or may be, provided in another local
government area.
Clause 31 allows a person to apply for a single licence if the person
proposes to carry on business from 2 or more premises. This clause
operates subject to clause 30. Therefore, an application for a single licence
for 2 or more fixed premises would only be allowed to be made if the
premises are located in the same local government area. However, an
application for a single licence could be made for 2 or more mobile
premises irrespective of which local government area the services are to be
provided in.
Clause 32 specifies the matters that must be included in an application
for a licence.
Clause 33 specifies that the local government must consider the
application and either grant, or refuse to grant, the application.
Clause 34 specifies the criteria of which the local government must be
satisfied before an approval is granted.
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Clause 35 sets out the criteria that the local government may consider
when deciding whether a person is suitable to hold a licence. Clause 35(2)
defines certain terms used in the clause. The definition of "relevant
offence" includes an offence relating to the provision of higher risk
personal appearance services. An example of an offence in this category
would be tattooing a child in contravention of section 248 of the Child
Protection Act 1999.
The suitability criteria set out in this clause may be taken into account by
the local government, not only when deciding applications for new
licences, but also when deciding applications to renew a licence under
clause 44, transfer a licence under clause 49, or when deciding whether a
ground exists under clause 51 to suspend or cancel a licence.
Clause 36 specifies the criteria that the local government may consider
when deciding whether premises are suitable for providing higher risk
personal appearance services.
Clause 37 enables the local government to make inquiries to decide the
suitability of an applicant to hold a licence and the suitability of the
premises for providing higher risk personal appearance services. This
clause also enables the local government to require an applicant to provide
further information or documentation the local government reasonably
requires to decide the application. If an applicant fails to comply with the
requirement, the applicant is taken to have withdrawn the application.
Clause 38 specifies that if the local government decides to grant the
application, the local government must issue the licence and advise the
applicant where a copy of the infection control guidelines may be obtained.
The local government must give an information notice to the applicant if
the local government decides to impose conditions or decides to refuse to
grant the application.
Clause 39 provides that, if the local government fails to decide an
application for a licence within the specified timeframes, the application is
taken to have been refused. The applicant is entitled to be given an
information notice by the local government if the application is refused
under this clause.
Clause 40 specifies a licence becomes effective on the day of its issue or
renewal and remains in force until 3 years after that day or until an earlier
day stated in the licence. The local government may decide the earlier date.
Clause 41 specifies the standard conditions of a licence. Clause 41(2)
also allows the local government to impose additional conditions on a
licence if the local government considers this is necessary to minimise the
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infection risk associated with the provision of higher risk personal
appearance services under the licence. Clause 41(3) requires that the
licensee must be given an information notice if additional conditions are
imposed under clause 41(2)(b).
Clause 42 makes it an offence for a licensee to contravene a condition of
the licence. This clause also clarifies that the penalty may be imposed
whether or not the licence is cancelled or suspended because of the
contravention.
Clause 43 provides that the licence must be in the approved form and
sets out the particulars that must be stated in the licence.
Division 2--Renewal of licences
Clause 44 enables a licensee to apply to the local government who
issued a licence to renew the licence. The local government must consider
the application and either renew or refuse to renew the licence. This clause
also specifies the criteria in respect of which the local government may
have regard when deciding whether to grant the application. An
information notice must be given to the licensee if the local government
decides either to refuse to renew the licence.
Clause 45 enables the local government to require a licensee who has
applied for the renewal of a licence to provide further information or
documentation the local government reasonably considers is needed to
decide the application. If the licensee fails to comply with the requirement,
the application is taken to have been withdrawn.
Clause 46 specifies that if a licensee applies for a renewal under clause
44, the licence remains in force until the end of the licence term, until the
application is decided under section 44 (ie the licence is renewed or refused
to be renewed) or the day the application is withdrawn under section 45(2).
Division 3--Amendment of licences
Clause 47 specifies that a licensee may apply to the local government to
amend a licence. The application must comply with the requirements in
clause 58. This clause specifies that the local government may amend a
licence by changing the location of the premises or adding additional
premises. Clause 47(5) specifies that, if the application relates to the
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premises covered by the licence, the local government must be satisfied on
reasonable grounds that the premises comply with the requirements of the
Act (eg. they are suitable for providing the higher risk personal appearance
services having regard to the matters in clause 36).
This clause also provides that the local government must consider the
application and either grant or refuse the application. An information
notice must be given to the licensee if the local government decides to
refuse to amend the licence.
Clause 48 enables the local government to require a licensee who has
applied to amend a licence to provide further information or documentation
the local government reasonably considers is needed to decide the
application. If the licensee fails to comply with the requirement, the
application is taken to have been withdrawn.
Division 4--Transfer of licences
Clause 49 specifies that a licensee may apply to the local government to
transfer a licence. The application must comply with the requirements in
clause 58. The local government must be satisfied that the proposed
transferee is a suitable person to hold a licence and the premises are
suitable for providing the higher risk personal appearance service. In
deciding whether the transferee is a suitable person and the premises are
suitable to provide the services, the local government may have regard to
the matters in clauses 35 and 36.
This clause also provides that the local government must consider the
application and either grant or refuse the application. An information notice
must be given to the licensee if the local government decides to refuse to
amend the licence.
Clause 50 enables the local government to require a licensee who has
applied to amend a licence to provide further information or documentation
the local government reasonably considers is needed to decide the
application. If the licensee fails to comply with the requirement, the
application is taken to have been withdrawn.
Division 5--Suspension or cancellation of licences
Clause 51 sets out the grounds for suspending or cancelling a licence.
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Clause 52 provides that the local government must give a show cause
notice to a licensee if the local government believes a ground exists to
suspend or cancel the licence and:
· the licensee has not been given, and it is not intended to give the
licensee, a remedial notice about the matter to which the ground
relates; or
· the licensee has been given a remedial notice and has failed,
without a reasonable excuse, to comply with the notice.
Clause 52(3) and (4) sets out the particulars that a show cause notice
must contain and specify that the show cause period must be at least 21
days from the giving of the notice.
Clause 53 provides that the licensee may make representations about the
show cause notice to the local government and that the local government
must consider all written representations.
Clause 54 enables the local government to end the show clause process
after considering the accepted representations made by the licensee under
clause 53. The local government must give a notice to the licensee of the
decision to take no further action about the show cause notice.
Clause 55 provides that after considering any accepted representations
made by the licensee under clause 53, the local government still believes a
ground exists to suspend or cancel the licence, the local government may
suspend or cancel the licence in accordance with the proposed action stated
in the show cause notice. This clause applies also to a situation where there
are no accepted representations by the licensee under clause 53.
The clause also provides that, if the local government decides to suspend
or cancel the licence, it must immediately give an information notice for
the decision to the licensee.
Clause 56 sets out the grounds and procedures for the immediate
suspension or cancellation of a licence.
Clause 57 makes it an offence for the licensee not to return a licence to
the local government within 7 days after receiving an information notice
that the licence has been cancelled or suspended, unless the licensee has a
reasonable excuse.
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Division 6--Other provisions about licences
Clause 58 specifies the requirements for applications for a licence,
renewal of a licence, amendment of a licence and transfer of a licence.
Clause 59 provides that if a licence is issued jointly to more than 1
person, a reference in the Act to a licensee is a reference to each of the
persons.
Clause 60 enables a licensee to surrender a licence by notice,
accompanied by the licence, to the local government that issued the
licence.
Clause 61 provides that a licensee may apply for a replacement licence if
the licence has been damaged, destroyed, lost or stolen and sets out the
requirements of the replacement application.
Clause 62 enables the local government to replace a licence if the local
government is satisfied the licence has been lost, stolen destroyed or
damaged. This clause also outlines the action the local government must
take upon receipt of an application.
Clause 63 makes it an offence for a person to state, for an application
made under Part 4, anything that the person knows is false or misleading in
a material particular.
Clause 64 makes it an offence for a person to give, for an application
made under Part 4, a document containing information that the person
knows is false or misleading in a material particular.
PART 5--MOBILE HIGHER RISK PERSONAL
APPEARANCE SERVICES
Clause 65 sets out the notification requirements for a licensee of mobile
premises who intends to provide higher risk personal appearance services
in a local government area that is not the local government area that issued
the licensee's licence.
Clause 66 specifies that while a licensee is providing higher risk
personal appearance services from mobile premises in a second local
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government area, the licensee has the obligations under the licensee's
licence.
Clause 67 outlines the action the second local government may take
while a licensee is providing higher risk personal appearance services from
mobile premises in its area. The second local government has the same
powers as the first local government would have had if the services were
being provided in its area but may not cancel, suspend, impose conditions
on, or take any other action in relation to the licensee's licence. Examples
of action the second local government could take are prosecuting for an
offence or issuing a remedial notice under clause 111.
Clause 68 allows a second local government to advise the first local
government if it considers that a thing done or omitted to be done by a
licensee or operator employed by the licensee is a contravention of the
conditions of the licensee's licence.
Clause 69 deals with the situation where the first local government
advises the second local government that a licensee or an operator
employed by the licensee has done or omitted to do a thing whilst in the
second local government area. This clause specifies that in these
circumstances the first local government may take action as if the thing had
been done or omitted to be done in its area.
PART 6--INVESTIGATION AND ENFORCEMENT
Division 1--Authorised persons
Clause 70 enables the local government to appoint as an authorised
person, an employee of the local government or of another local
government (with the consent of the other local government) or a person
contracted to the local government. The local government must be satisfied
the person has the necessary expertise or experience to be an authorised
person.
Clause 71 limits an authorised person to exercising powers only in the
local government area for which the person is appointed.
Clause 72 specifies that an authorised person holds office on the
conditions stated in their instrument of appointment or a signed notice
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given to the authorised person by the local government. The powers of an
authorised person may be limited by the instrument of appointment or the
signed notice.
Clause 73 specifies the functions of an authorised person.
Clause 74 requires the local government to provide each authorised
person with an identity card containing a recent photograph of the person
and other specified particulars.
Clause 75 requires an authorised person to first produce or display the
authorised person's identity card before exercising any powers under the
Act. However, provision is also made for the authorised person to produce
the card at the first reasonable opportunity where it is not immediately
practical to do so.
Clause 76 specifies that an authorised person ceases to hold office if:
· the term for which the authorised person has been appointed
ends;
· the person ceases to hold office under another condition of office;
· the authorised person resigns under clause 77.
Clause 77 provides that an authorised person may resign by notice to the
local government.
Clause 78 makes it an offence if a person who ceases to be an authorised
person does not return their identity card to the local government within 21
days after the cessation, unless they have a reasonable excuse.
Division 2--Powers of authorised persons
Clause 79 confers on an authorised person a right to enter a place
without the occupier's consent or a warrant if the place is:
· a public place and entry is made when it is open to the public; or
· premises at which a business proprietor carries on business
providing personal appearance services and the entry is made
when the premises are open for business or otherwise open for
entry.
The provision also specifies that the authority to enter premises open for
carrying on business or otherwise open for entry does not apply to premises
that are part of the place where a person resides.
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Clause 80 outlines the procedures an authorised person must follow
when seeking consent to enter a place. This clause also provides that,
should the issue arise in a proceeding whether the occupier consented to
the entry and an acknowledgement of consent is not produced in evidence,
the onus of proof to prove the entry was lawful lies with the person relying
on the lawfulness of the entry.
Clause 81 makes provision for an authorised person to apply to a
magistrate for a warrant to enter a place. Under this provision, a magistrate
may refuse to consider an application until an authorised person provides
the magistrate with the information the magistrate requires.
Clause 82 sets out the grounds that a magistrate must be satisfied of
before issuing a warrant and specifies the information that must be stated in
the warrant.
Clause 83 makes provision for an authorised person to apply for a
warrant by phone, fax, radio or another form of communication because of
urgent or other special circumstances.
Clause 84 outlines the procedures that must be followed by an
authorised person prior to entering a place under a warrant.
Clause 85 allows an authorised person to ask or signal a person in charge
of a motor vehicle to stop the vehicle if the authorised person suspects on
reasonable grounds, or is aware, that a thing in or on the vehicle may
provide evidence of the commission of an offence against the Act.
Clause 85(3) and (4) require authorised persons exercising powers under
this clause to identify themselves and produce their identity card
immediately the vehicle is stopped. Clause 85(5) and (6) make it an
offence to fail to comply with an authorised person's request or signal
without a reasonable excuse and specify that it is a reasonable excuse if
obeying the request or signal would have endangered the person or
someone else, and the person obeys the request or signal as soon as it is
practicable to do so.
Clause 85(7) allows an authorised person to give directions that a
stationary vehicle not be moved, or be moved and kept at a stated
reasonable place. Clause 85(9) makes it an offence to fail to comply with a
direction without a reasonable excuse.
Clause 86 specifies what powers are available to an authorised person
who has entered a place under clause 79 for the purposes of monitoring and
enforcing compliance with the Act.
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Clause 87 makes it an offence for a person to fail to help an authorised
person if requested under clause 86(3)(f), unless the person has a
reasonable excuse.
Clause 88 makes it an offence for a person to fail to provide an
authorised person with information requested under clause 86(3)(g), unless
the person has a reasonable excuse.
Clause 89 provides an authorised person with the power to seize a thing
at a place entered, without consent or a warrant, if the authorised person
reasonably believes that the thing is evidence of an offence.
Clause 90 provides an authorised person with the power to seize a thing
at a place if the authorised person:
· obtained the necessary consent to enter the place; and the
authorised person reasonably believes that the thing is evidence
of an offence against the Act; and seizure of the thing is
consistent with the purpose of entry as told to the occupier when
asking for the occupier's consent; or
· enters the place with a warrant and seizes evidence for which the
warrant was issued; or
· reasonably believes another thing at the place is evidence of an
offence against the Act and needs to be seized to secure evidence
or to prevent repeat offences; or has just been used in committing
an offence against the Act.
Clause 91 enables an authorised person to take action in relation to a
thing which has been seized by either moving the thing from the place
where it was seized or leaving the thing at the place of seizure but restrict
access to it.
Clause 92 makes it an offence for a person to interfere, or attempt to
interfere, with those actions taken by an authorised person to restrict access
to seized things without an authorised person's consent.
Clause 93 makes provision for an authorised person to require the person
in control of a thing to be seized to take it to a stated reasonable place by a
stated reasonable time; and if necessary, to remain in control of it at the
stated place for a reasonable time. It is an offence for a person to fail to
comply with a requirement or further requirement made under this clause
unless the person has a reasonable excuse.
This clause also provides that the cost of complying with a requirement
or further requirement made by an authorised person to the person in
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control of a thing to be seized, is to be borne by the person the requirement
is made to. However, if a compensation order is made under clause 114 for
loss or expense incurred because of the exercise of power, the person to
whom the requirement is made will not bear the costs of complying with
the requirement.
Clause 94 specifies that an authorised person who has required a person
under clause 93 to take a thing to a place may require the person to return
the thing to its original place. It is an offence for a person not to comply
with the requirement to return the thing to its original place.
This clause also provides that the cost of complying with a requirement
under this clause must be borne by the person the requirement is made to.
However, if a compensation order is made under clause 114 for loss or
expense incurred because of the exercise of power, the person to whom the
requirement is made will not bear the costs of complying with the
requirement.
Clause 95 requires an authorised person to issue a receipt for a seized
thing to the person from whom the thing was seized. However, if this
proves impractical, the authorised person must leave the receipt at the place
of seizure in a conspicuous position and in a secure way.
Clause 96 sets out the circumstances in which a seized thing will be
forfeited to the local government for whom the person was acting, for
example if the owner cannot be found after making reasonable inquiries, or
if it cannot be returned to its owner, after making reasonable efforts.
Clause 97 specifies when an authorised person must return a seized thing
to its owner, if the thing has not been forfeited.
Clause 98 provides for the owner of any seized thing to have access to it
for inspection or copying (if a document) until it is forfeited or returned.
Clause 99 enables an authorised person, if an offence has or appears to
have been committed against the Act, to require the person to state the
person's name and residential address, and to produce evidence of the
correctness of the stated name or address. When making such a
requirement, the authorised person must warn the person it is an offence to
fail to state the person's name or address, unless the person has a
reasonable excuse.
Clause 100 makes it an offence to fail to comply with a request made
under clause 99, unless the person has a reasonable excuse. However, a
person does not commit an offence against this clause by not complying
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with such a request if it is not proved that the person committed the offence
against the Act that was suspected by the authorised person.
Clause 101 makes provision for an authorised person to:
· require a person to produce a document for their inspection
which has been issued to the person under the Act, or is required
to be kept by the person under the Act;
· require a person to certify that a copy of the document or an entry
in a document is a true copy; and
· keep a document until such time as a copy of the document or
entry in a document is certified as a true copy.
Clause 102 makes it an offence for a person to fail to comply with a
request to produce a document under section 101, unless the person has a
reasonable excuse. It is not a reasonable excuse not to comply with the
request on the basis that complying might tend to incriminate the person.
The rationale for this is discussed in the General Outline section of these
Notes.
Clause 103 makes it an offence for a person to fail to comply with a
request to certify a document under section 101, unless the person has a
reasonable excuse.
Clause 104 enables an authorised person to require a person to give
information to the authorised person about an offence against the Act. It is
an offence for a person to fail to comply with such a request, unless the
person has a reasonable excuse. It is a reasonable excuse for an individual
to not comply with the request to give information on the basis that
complying might tend to incriminate the person.
Division 3--Monitoring compliance
Clause 105 specifies that local governments may monitor compliance
with the Act by having authorised persons inspect places of business in the
local government's area. This clause also allows local governments to
charge business proprietors reasonable fees for inspections carried out.
Clause 106 specifies the number of inspections that a local government
may charge for in any 12 month period for fixed and mobile premises at
which higher risk personal appearance services are provided.
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Clause 107 specifies the number of inspections that a local government
may charge for in any 12 month period for fixed premises at which non
higher risk personal appearance services are provided.
Clause 108 specifies the number of inspections that a local government
may charge for in any 12 month period for places that are not fixed
premises at which non higher risk personal appearance services are
provided.
Clause 109 specifies the number of inspections that a local government
may charge for in any 12 month period for both fixed premises and places
that are not fixed premises at which non higher risk personal appearance
services are provided.
Clause 110 provides that, if an authorised person has given a remedial
notice (referred to in clause 111), the relevant local government may charge
an inspection fee for checking if the remedial notice has been complied
with, in addition to any fee charged under clauses 106 to 109.
Clause 111 enables an authorised person to give a remedial notice to a
business proprietor if the authorised person reasonably believes that:
· the proprietor or an operator employed by the proprietor is
contravening a provision of the Act or has contravened same in
circumstances that make it likely that the contravention would
continue or be repeated; and
· the matter is capable of being rectified and it is appropriate to
give the proprietor an opportunity to rectify the matter; and
· if the proprietor is a licensee, a local government has not given a
show cause notice to the proprietor under clause 52.
This clause also specifies the matters the notice must state and make it an
offence to fail to comply with a notice without a reasonable excuse.
A remedial notice might be given, for example, if premises at which
higher risk personal appearance services are being provided are not
equipped with appropriate sterilising equipment. The notice might require
the proprietor to immediately cease providing the services and to install
appropriate sterilising equipment within a stated period.
Clause 112 specifies that, if a person is convicted of an offence against
the Act, the court may make an order:
· prohibiting the person from providing, carrying on, managing, or
having a financial interest in, a business providing a personal
appearance service, or
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· if the person is a corporation, prohibiting the executive officer of
the corporation, who was in a position to influence the conduct of
the corporation in relation to the offence, from managing a
corporation carrying on business providing personal appearance
services
Division 4--General enforcement matters
Clause 113 requires an authorised person to give notice if property is
damaged by an authorised person when exercising or purporting to exercise
a power, or by a person acting under the direction or authority of an
authorised person. The notice must set out the particulars of the damage
and be given to the person who appears to be the owner of the property.
However, if for some reason this proves impractical, the authorised person
must leave the notice in a conspicuous position and in a secure way.
Clause 114 makes provision for a person to be compensated by a local
government, where the person has incurred loss or expense because of the
exercise or purported exercise of a power by an authorised person under the
following subdivisions of Division 2 of Part 6:
· Subdivision 1 - Entry of places
· Subdivision 3 - Powers after entry
· Subdivision 4 - Power to seized evidence
Clause 115 makes it an offence for a person to state anything to an
authorised person that the person knows is false or misleading in a material
particular.
Clause 116 makes it an offence to give an authorised person a document
containing information that the person knows is false or misleading in a
material particular.
Clause 117 makes it an offence to obstruct an authorised person in the
exercise of a power, unless the person has a reasonable excuse.
Clause 118 makes it an offence to impersonate an authorised person.
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PART 7--REVIEWS AND APPEALS
Division 1--Internal review of decisions
Clause 119 specifies that a person who is given, or is entitled to be given,
an information notice under Part 4 may appeal against the original
decision. This clause also specifies that the appeal must be, in the first
instance, by way of application for internal review under clause 120.
Clause 120 specifies that an application for review of an original
decision is to be made to the local government that gave, or should have
given, the person an information notice.
Clause 121 sets out the process and time-frames for the lodgment of an
application for the review of an original decision made by the local
government.
Clause 122 enables a local government to make a further decision in
relation to a matter under review to confirm the original decision, amend
the original decision or substitute another decision for the original decision.
This clause also provides that if the local government does not notify an
applicant within 40 days of the local government's decision, the original
decision is taken to have been confirmed.
Clause 123 makes provision for a Magistrates Court to stay the operation
of an original decision, if an application has been lodged for the review of
the original decision.
Division 2--Appeals
Clause 124 enables a person to appeal to a Magistrates Court where the
person is dissatisfied with the decision made by the local government in
relation to the review of the original decision.
Clause 125 specifies that any appeal must be made to the Magistrates
Court in the local government area of the local government that made the
original decision.
Clause 126 sets out the notification requirements and time-frames for an
appeal to the Magistrates Court.
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Clause 127 allows the Magistrates Court to stay the operation of a
decision made by the local government under clause 122, where an appeal
has been made to the Court regarding the decision.
Clause 128 specifies the powers that the Magistrates Court has in
deciding an appeal and provides that an appeal is by way of rehearing.
Clause 129 sets out the powers that a Magistrates Court may exercise in
deciding an appeal.
Clause 130 provides that a person may appeal against a decision of a
Magistrate Court to the District Court, but only on a question of law.
PART 8--LEGAL PROCEEDINGS
Division 1--Application
Clause 131 specifies that Part 8 applies to a proceeding under the Act.
Division 2--Evidence
Clauses 132 to 134 specify those matters that do not have to be proved in
a proceeding under the Act, or which are considered to be evidence of those
matters.
Division 3--Proceedings
Clause 135 provides for offences under the Act to be dealt with as
summary offences and specifies the period within which proceedings for an
offence can be commenced.
Clause 136 provides that a charge for an offence involving false or
misleading information or documents may state `false or misleading'
without specifying which is being relied upon.
Clause 137 enables a court on application by a local government to order
a person who is convicted of an offence against the Act to pay an amount
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equal to the costs incurred during an investigation of the offence. The
payment must be made to the local government that incurred the costs.
Clause 138 clarifies that an application to a court under clause 137 for
the recovery of costs of an investigation of an offence against the Act is in
the court's civil jurisdiction. This clause also clarifies that onus of proof is
on the balance of probabilities.
Clause 139 makes provision for a court to order, on convicting a person
for an offence against the Act, the forfeiture to a local government of
anything that has been seized.
Clause 140 provides that a thing forfeited to a local government
becomes the property of the government. The clause also enables the local
government to deal with the forfeited thing, as the local government
considers appropriate, including the destruction of the thing.
Clause 141 specifies that an action or omission of a person's
representative, in relation to an offence against the Act, is taken to have
been done by the person, if the representative was acting within the scope
of the representative's authority. However, the person can utilise the
defence provided for under this provision and prove that they could not, by
exercise of reasonable diligence, have prevented the act or omission. The
rationale for this provision is discussed in the General Outline section of
these Notes.
Clause 142 places an obligation on the executive officers of a
corporation to ensure that the corporation complies with the legislation. As
such, this provision creates an offence on the part of each executive officer
in situations where the corporation has committed an offence against this
Act. However, it is a defence for an executive officer to prove that he or she
exercised reasonable diligence to ensure the corporation complied with the
provision; or were not in a position to influence the conduct of the
corporation in relation to the offence. The rationale for this provision is
discussed in the General Outline section of these Notes.
Clause 143 provides that where a local government prosecutes an
offence under the Act, any fines ordered by the court must be paid to the
local government.
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PART 9--MISCELLANEOUS
Clause 144 sets out the process for service of documents.
Clause 145 specifies that those persons who have a role in the
administration of the Act are not civilly liable for an act done, or omission
made, honestly and without negligence under the Act. Liability for the
chief executive officer of a local government, an authorised person, or a
person acting under the direction of an authorised person, attaches to the
local government. In any other case, liability attaches to the State.
Clause 146 specifies the chief executive's power of delegation in relation
to the chief executive's powers under the Act.
Clause 147 authorises a local government to approve forms for use
under the Act.
Clause 148 provides that the Governor in Council may make regulations
under the Act and specifies the matters about which a regulation may be
made.
PART 10--TRANSITIONAL
Clause 149 defines certain terms used in Part 10.
Clause 150 provides that applications for a licence, renewal of a licence
or transfer of a licence made under Part 5 of the former regulation (ie
Health Regulation 1996) lapse when the Act commences. This clause also
specifies that the fee paid by an applicant to a local government for the
application is to be refunded in full.
Clause 151 provides that existing licences under Part 5 of the former
regulation lapse on the commencement of the Act.
Clause 152 provides that if the licence under Part 5 of the former
regulation lapses under clause 151, a notice to show cause why a notice
should not be given to cancel or suspend a licence also lapses.
Clause 153 provides that a pending application for registration of an
establishment under Part 15 of the former regulation is taken to be an
application for a licence under the Act, if the services to be provided are
higher risk personal appearance services.
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Clause 153(4) and (5) allow a regulation to delay the application of
clause 36(a)(ii) to licence applications referred to in clause 153 until a
stated date not more than 1 year after the commencement of the Act.
Clause 36(a)(ii) allows a local government, when deciding a licence
application, to take into account whether the premises comply with the
building requirements in Part 15 of the Queensland Development Code.
The rationale for these provisions is discussed in the General Outline
section of these Notes.
Clause 153(6) specifies that if the services to be provided at the premises
are not higher risk personal appearance services, the application lapses and
the application fee must be refunded in full to the applicant by the local
government.
Clause 154 provides that a pending application for renewal of
registration of an establishment under Part 15 of the former regulation is
taken to be an application for renewal of a licence under the Act, if the
services to be provided are higher risk personal appearance services.
Clause 154(4) and (5) allow a regulation to delay the application of
clause 36(a)(ii) to licence renewal applications referred to in clause 154
until a stated date not more than 1 year after the commencement of the Act.
The rationale for these provisions is the same as that for clause 153(4) and
(5).
Clause 154(6) specifies that if the services to be provided at the premises
are not higher risk personal appearance services, the application lapses and
the application fee must be refunded in full to the applicant by the local
government.
Clause 155 enables a local government to issue a single licence to cover
2 or more premises where the local government has received applications
for registration or renewal of registration of 2 or more premises and higher
risk personal appearance services are to be provided from the premises.
Clause 156 provides that on commencement of the Act the registration
of an establishment under the former regulation is taken to be a licence
under the Act. The continued licence will be in force until the end of the
period of registration under the former regulation. This provision also
provides for the continuation of the suspension of a registration issued
under Part 15 of the former regulation.
Clause 157 specifies that the Act applies to a continued licence until the
end of the period of registration under Part 15 of the former regulation.
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Clause 157(2) and (3) allow a regulation to delay the application of
clause 41(1)(b)(iii) and (iv) to continued licences until a stated date not
more than 1 year after the commencement of the Act. Clause 41(1)(b)(iii)
and (iv) make it a condition of licence that premises at which higher risk
personal appearance services are provided must comply with the building
requirements in Part 15 of the Queensland Development Code.
Clause 157(5) to (7) allow a regulation to delay the application of clause
36(a)(ii) to applications for renewal of continued licences until a stated date
not more than 1 year after the commencement of the Act. The rationale for
clause 157(2) and (3) and 157(5) to (7) is discussed in the General Outline
section of these Notes.
Clause 158 provides that existing registrations of premises under Part 15
of the former regulation lapse on the commencement of the Act if the
services being carried on at the premises are not higher risk personal
appearance services, for example, closed ear and nose piercing.
Clause 159 specifies that the Act applies to a new licence issued under
the Act in relation to premises registered under Part 15 of the former
regulation. This clause also allows a regulation to delay the application of
clause 41(1)(b)(iii) and (iv) to the licence until a stated date not more than
1 year after the commencement of the Act. The rationale for this provision
is the same as that for clause 157(2).
Clause 160 provides for the commencement or continuation of
proceedings for an offence against a provision of the former regulation, as
if the Act had not been commenced.
Clause 161 enables a regulation to be made about a matter to achieve the
transition from the operation of the former regulation to the operation of
the Act, if the Act does not provide for the particular matter. This clause
and any transitional regulation made under it, expire 1 year after the
commencement of the Act.
PART 11--AMENDMENT OF ACT AND REGULATIONS
Clause 162 provides that Schedule 1 amends the Act and the regulations
mentioned in that Schedule.
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SCHEDULE 1
Schedule 1 provides for consequential amendments to be made to the
Health Act 1937, the Health Regulation 1996 and the Environmental
Protection (Waste Management) Regulation 2000.
The amendments to the Health Act 1937 include the insertion of a new
section 100A which allows a regulation to be made about skin penetration
processes not covered by the Bill (eg. acupuncture), and the premises
where such processes are carried out. Skin penetration processes such as
acupuncture are not included in the Bill because infection control
requirements for health care facilities will be set out in the proposed Public
Health Act. This Act will repeal and replace the Health Act 1937. The
regulation-making power under section 100A provides a means by which
requirements for the purpose of minimising infection risks in relation to
these skin penetration processes can be imposed pending the enactment of
the new Public Health Act.
SCHEDULE 2
Schedule 2 defines certain terms used in the Act.
© State of Queensland 2003