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PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - As at 1 February 2024 - Act 81 of 2003

- As at 1 February 2024 - Act 81 of 2003

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement

Division 2 - Application and purpose of Act

  • 3 Application of Act
  • 4 Act binds all persons
  • 5 Contravention of this Act does not create civil cause of action
  • 6 Act does not affect other rights or remedies
  • 7 Purpose of Act
  • 8 How purpose is to be achieved

Division 3 - Administration and enforcement

  • 9 Local government to administer Act

Division 4 - Interpretation

PART 2 - OBLIGATIONS RELATING TO PERSONAL APPEARANCE SERVICES

Division 1 - Obligations to minimise infection risks for personal appearance services

  • 19 Obligation of business proprietor and operator
  • 20 How an obligation to minimise an infection risk may be discharged if there is a regulation or infection control guideline
  • 21 How an obligation to minimise an infection risk may be discharged if there is no regulation or infection control guideline

Division 2 - Further obligations for higher risk personal appearance services

Division 3 - Obligations for non-higher risk personal appearance services

  • 26 Business proprietor must notify commencement of business

Division 4 - Defences

  • 27 Defences for div 1

PART 3 - INFECTION CONTROL GUIDELINES

  • 28 Minister may make infection control guidelines
  • 29 Use of infection control guideline in a proceeding

PART 4 - LICENCES TO CARRY ON BUSINESS PROVIDING HIGHER RISK PERSONAL APPEARANCE SERVICES

Division 1 - Applications for and issue of licences

  • 30 Application for licence
  • 31 Single licence may cover 2 or more premises
  • 32 What the application must state
  • 33 Consideration of application for licence
  • 34 Criteria for granting application for licence
  • 35 Suitability of person to hold licence
  • 36 Suitability of premises at which higher risk personal appearance services are to be provided
  • 37 Inquiries into application for licence
  • 38 Decision on application for licence
  • 39 Failure to decide application for licence
  • 40 Term of licence
  • 41 Conditions of licence
  • 42 Licensee must comply with licence conditions
  • 43 Form of licence

Division 2 - Renewal of licences

  • 44 Applications for renewal of licence
  • 45 Inquiries into application for renewal of licence
  • 46 Licence taken to be in force while application for renewal is considered

Division 2A - Restoration of licences

  • 46A Applications for restoration of licence
  • 46B Inquiries into application for restoration of licence
  • 46C Expired licence taken to be in force while application for restoration is considered

Division 3 - Amendment of licences

  • 47 Application for amendment of licence
  • 48 Inquiries into application for amendment

Division 4 - Transfer of licences

  • 49 Application for transfer of licence
  • 50 Inquiries into application for transfer of licence

Division 5 - Suspension or cancellation of licences

  • 51 Grounds for suspension or cancellation
  • 52 Show cause notice
  • 53 Representations about show cause notices
  • 54 Ending show cause process without further action
  • 55 Suspension or cancellation
  • 56 Immediate suspension of licence
  • 57 Return of cancelled or suspended licence to local government

Division 6 - Other provisions about licences

  • 58 Applications
  • 59 Licence issued to more than 1 person
  • 60 Surrender of licence
  • 61 Application for replacement of licence
  • 62 Decision about application for replacement of licence
  • 63 False or misleading statements
  • 64 False or misleading documents

PART 5 - MOBILE HIGHER RISK PERSONAL APPEARANCE SERVICES

  • 65 Notification of intention to provide services from mobile premises
  • 66 Obligations of licensee while in second local government area
  • 67 Action that may be taken by second local government
  • 68 Notification to first local government
  • 69 Action that may be taken by first local government

PART 6 - INVESTIGATION AND ENFORCEMENT

Division 1 - Authorised persons

  • 70 Appointment and qualifications
  • 71 Powers of authorised person limited to local government area
  • 72 Appointment conditions and limit on powers
  • 73 Functions of authorised persons
  • 74 Issue of identity cards
  • 75 Production or display of identity card
  • 76 When authorised person ceases to hold office
  • 77 Resignation
  • 78 Return of identity card

Division 2 - Powers of authorised persons

Subdivision 1 - Entry of places
  • 79 Power to enter places
  • Subdivision 2 - Procedure for entry
  • 80 Entry with consent
  • 81 Application for warrant
  • 82 Issue of warrant
  • 83 Special warrants
  • 84 Warrants—procedure before entry
  • 85 Stopping motor vehicle
  • Subdivision 3 - Powers after entry
  • 86 General powers after entering places
  • 87 Failure to help authorised person
  • 88 Failure to give information
  • Subdivision 4 - Power to seize evidence
  • 89 Seizing evidence at a place that may be entered without consent or warrant
  • 90 Seizing evidence at a place that may only be entered with consent or warrant
  • 91 Securing seized things
  • 92 Tampering with seized things
  • 93 Powers to support seizure
  • 94 Authorised person may require thing’s return
  • 95 Receipts for seized things
  • 96 Forfeiture of seized things
  • 97 Return of seized things
  • 98 Access to seized things
  • Subdivision 5 - Power to obtain information
  • 99 Power to require name and address
  • 100 Failure to give name or address
  • 101 Power to require production of documents
  • 102 Failure to produce document
  • 103 Failure to certify copy of document
  • 104 Power to require information

Division 3 - Monitoring compliance

Division 4 - General enforcement matters

  • 113 Notice of damage
  • 114 Compensation
  • 115 False or misleading statements
  • 116 False or misleading documents
  • 117 Obstructing an authorised person
  • 118 Impersonating authorised person

PART 7 - REVIEWS

Division 1 - Internal review of decisions

  • 119 Review process starts with internal review
  • 120 Application for review to be made to the local government
  • 121 Applying for review
  • 122 Review decision
  • 123 Stay of operation of original decision

Division 2 - External review of decisions

  • 124 Who may apply for external review
  • 125. (Repealed) 126. (Repealed) 127. (Repealed) 128. (Repealed) 129. (Repealed) 130. (Repealed)

PART 8 - LEGAL PROCEEDINGS

Division 1 - Application

  • 131 Application of part

Division 2 - Evidence

  • 132 Appointments and authority
  • 133 Signatures
  • 134 Evidentiary provisions

Division 3 - Proceedings

  • 135 Summary offences
  • 136 Allegations of false or misleading information or document
  • 137 Recovery of costs of investigation
  • 138 Application for order for payment of costs under s 137
  • 139 Forfeiture on conviction
  • 140 Dealing with forfeited thing
  • 141 Responsibility for acts or omissions of representative
  • 142 Liability of executive officer—particular offences committed by corporation
  • 143 Fines payable to local government

PART 9 - MISCELLANEOUS

  • 144 Service of documents
  • 145 Protecting officials from liability
  • 146 Delegation by chief executive
  • 147 Approval of forms
  • 148 Regulation-making power

PART 10 - TRANSITIONAL

Division 1 - Transitional provisions for Act No. 81 of 2003

  • 149 Definitions for pt 10
  • 150 Pending applications for licences under pt 5 of the former regulation
  • 151 Lapsing of licence held under pt 5 of former regulation
  • 152 Action to cancel or suspend a licence under pt 5 of former regulation
  • 153 Pending application for registration of an establishment under pt 15 of the former regulation
  • 154 Pending application for renewal of registration of an establishment under pt15 of the former regulation
  • 155 When single licence may be issued for applications under pt 15 of the former regulation
  • 156 Effect of registration of an establishment providing higher risk personal appearance services under pt 15 of the former regulation
  • 157 Application of this Act to a continued licence
  • 158 Lapsing of registration of establishment registered under pt 15 of the former regulation
  • 159 Application of Act to certain licences relating to establishments previously registered
  • 160 Offences

Division 2 - Transitional provisions for Health and Other Legislation Amendment Act 2022

  • 161 Continuing application of former pt 4, div 2
  • 162 Application of pt 4, div 2A

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