PUBLIC HEALTH ACT 1997

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 3A Meaning of "outdoor smoking area"
• 4 Act binds Crown
• 5 Act prevails

PART 2 - Administration Division 1 - Authorised officers, &c.

• 6 Director of Public Health
• 7 General functions and powers of Director
• 8 Report on public health
• 9 Delegation by Director
• 10 Environmental health officers and medical officers of health –
appointment by Director
• 11 Appointment of officers
• 12 Approved qualifications
• 13 Functions of officers
• 13A Nominated officers

Division 2 - Emergency powers

• 14 Emergency declaration
• 15 Duration of emergency declaration
• 16 Directions of Director
• 16A Warrant may be issued if person fails to comply with direction
under section 16
• 16B Person apprehended under warrant to be brought before magistrate
• 16C Orders of magistrate
• 17 Special powers
• 17A Emergency amendment of guidelines
• 17B Notification of taking of actions under section 17A
• 17C Defences to certain offences in relation to guidelines
• 18 Compensation
• 19 Report by Director

Division 3 - Public health inquiries and investigations

• 20 Holding of inquiry
• 21 Procedure at inquiry
• 22 Powers at inquiry
• 23 Report on inquiry
• 24 Investigation
• 25 Protection of Director
• 26 Offences relating to inquiries and investigations

Division 4 - Councils

• 27 General functions of councils
• 28 Orders relating to functions
• 29 Power over wharves

Division 5 - Powers of councils and authorised officers

• 30 Entry, inspection and seizure
• 30A Powers of certain nominated officers
• 31 Certificate of authority
• 32 Production of records
• 33 Production of things
• 34 Production of licence
• 35 Photographs, sketches, measurements and recordings
• 36 Information requirements

Division 6 - Public Health Advisory Committee

• 37 Public Health Advisory Committee
• 38 Functions and powers of Advisory Committee
• 39 Staff

PART 3 - Prevention and control of disease Division 1 - Notifiable

• 40 Notifiable diseases and contaminants
• 41 Section 41
• 42 Directions of Director
• 43 Warrant may be issued if person fails to comply with direction
• 44 Person apprehended under warrant to be brought before magistrate as
soon as practicable
• 45 Orders of magistrate
• 46 Notification of notifiable diseases and contaminants
• 47 Section 47
• 48 Section 48
• 49 Reports and information by Director
• 50 Medical practitioner to provide information
• 51 Transmitting disease
• 52 Investigation into occurrence of disease and contamination
• 53 Orders to prevent spread of disease
• 54 Outbreak of disease
• 55 Use of certain materials
• 56 Burial or removal of body to morgue

Division 1A - Supply and use of needles and syringes

• 56A Interpretation of Division 1A
• 56B Meaning of supply
• 56C Organised distributors not to supply needles or syringes except under
permits
• 56D Permits
• 56E Terms of permits
• 56F Conditions of permits
• 56G Variation, &c., of terms and conditions of permits
• 56H Revocation and renewal of permits
• 56I Certificates of relevant qualifications
• 56J Service standards
• 56K Possession, &c., of needle or syringe does not constitute offence
under certain Acts
• 56L Persons with possession of needle or syringe to avoid risk to life
and safety of other persons

Division 2 - Immunisation

• 57 Council immunisation programs
• 58 Immunisation record at schools
• 59 Immunisation certificate
• 60 Attendance at and closure of school

Division 3 - Confidentiality

• 61 Section 61
• 62 Prohibition and restriction on publication

PART 4 - Tobacco and other smoking products Division 1 - Under-age

• 63 Smoking, &c., by children
• 64 Sale to children
• 64A Sale of non-tobacco cigarettes to children
• 65 Section 65
• 66 Seizure of smoking products
• 67 Warnings and information
• 67A Monitoring compliance

Division 1A - Smoke-free areas

• 67B Smoke-free areas
• 67C Smoking in smoke-free areas prohibited
• 67D Offence by occupiers of smoke-free areas
• 67E Signs
• 67F Amenity of smoke-free areas
• 67G Minimising risk to health
• 67H Restrictions on smoking in vehicles
• 67I Designated smoking areas in relation to public events

Division 2 - Display, advertising, packaging, &c.

• 68 Cigarette packaging
• 68A Restrictions regarding toys and confections, &c.
• 69 Marketing device, plan or scheme
• 69A Information relating to smoking products
• 70 Display of smoking product advertisements, &c.
• 70A Section 70A
• 71 Restrictions on holding smoking products, &c., in specialist
tobacconist premises and general retail premises
• 72 Restrictions on display, &c., of smoking products in general
retail premises
• 72A Restrictions on display, &c., of tobacco products in specialist
tobacconist premises
• 72B Specialist tobacconist premises
• 73 Packaging of smoking products
• 74 False information relating to legislation
• 74AA Incorrect information relating to health effects of tobacco products

Division 3 - Smoking product licence

• 74A Licence to sell smoking products
• 74B Application for smoking product licence
• 74C Grant or refusal of licence
• 74D Issue of licence
• 74E Duration of smoking product licence
• 74F Renewal of smoking product licence
• 74G Variation of smoking product licence
• 74GA Other features of smoking product licence
• 74H Cancellation of smoking product licence
• 74I Selling smoking products
• 74J Register of smoking product licences
• 74K Section 74K
• 74L Offences relating to smoking product licence

Division 4 - Miscellaneous

• 74M Smoking products not to be included in business loyalty programs

PART 5 - Premises Division 1 - Places of assembly

• 75 Licence to operate place of assembly
• 75A Specified places requiring licences
• 76 Application for licence
• 77 Grant or refusal of licence
• 78 Issue of licence
• 79 Operating place of assembly
• 80 Duration of licence
• 81 Renewal of licence
• 82 Variation of licence
• 83 Cancellation of licence
• 84 Overcrowding
• 85 Proof and evidence in proceedings

Division 2 - Unhealthy premises

• 86 Unhealthy premises
• 87 Closure order
• 88 Service of closure order
• 89 Revocation of closure order
• 90 Occupation or habitation during order
• 91 Defective and unhealthy premises
• 92 Rectification notice
• 93 Notice of closure order or rectification notice

Division 3 - Registration of premises

• 94 Application of Division 3
• 95 Registration of premises
• 96 Application to register premises
• 97 Grant or refusal of registration of premises
• 98 Issue of certificate of registration of premises
• 99 Operation of registered premises
• 100 Duration of registration of premises
• 101 Renewal of registration of premises
• 102 Variation of registration of premises
• 103 Cancellation of registration of premises

Division 4 - Public health risk activities

• 104 Licence to carry out public health risk activity
• 105 Application for licence
• 106 Grant or refusal of licence
• 107 Issue of licence
• 108 Duration of licence
• 109 Carrying out public health risk activities
• 110 Renewal of licence
• 111 Variation of licence
• 112 Cancellation of licence
• 112A Declaration of regulated systems and exempt systems

Division 5 - Systems for air and water

• 113 Registration of regulated system
• 114 Application to register regulated system
• 115 Grant or refusal of registration of regulated system
• 116 Issue of certificate of registration
• 117 Operation of registered regulated system
• 118 Directions on operating system
• 119 Notice to comply with direction
• 120 Duration of registration
• 121 Renewal of registration
• 122 Variation of registration
• 123 Cancellation of registration

Division 6 - Miscellaneous

• 124 Occupied premises
• 125 Agreements and contracts
• 126 Inspection and assessment of premises
• 127 Safeguards for public use of premises

PART 6 - Water Division 1 - Interpretation

• 127A Interpretation of Part 6

Division 1A - Orders and notices

• 128 Notification of quality of water
• 129 Orders relating to water quality

Division 1B - Water quality management

• 129A Water to be managed so as not to be threat to public health
• 129B Guidelines in relation to water quality management
• 129C Approval of water quality auditors
• 129D Variation of condition of approval as a water quality auditor
• 129E Suspension and cancellation of approval
• 129F Duties of water quality auditors
• 129G When water quality auditor to be taken to have conflict of interest
• 129H List of auditors to be kept and made available

Division 2 - Monitoring water quality

• 130 Monitoring and review
• 131 Samples
• 132 Health evaluation

Division 3 - Registration of suppliers of water from private water

• 133 Registration
• 134 Application for registration
• 135 Grant or refusal of registration
• 136 Issue of certificate of registration
• 136AA Renewal of registration
• 136AAB Duration of registration
• 136A Use or supply of water
• 136AB Supplier of water from private water source must give notice to
public if water unsafe
• 136B Variation of registration
• 136C Cancellation of registration

Division 4 - Registration of water carriers

• 136D Water carriers
• 136E Water carriers required to be registered
• 136F Application for registration
• 136G Grant or refusal of registration
• 136H Issue of certificate of registration
• 136I Renewal of registration
• 136J Duration of registration
• 136K Variation of registration
• 136L Cancellation of registration
• 136M Water carrier must give notice to public if water unsafe

PART 7 - Registers Division 1 - Cervical Screening Register

• 137 Cervical Screening Register
• 137A Contents of Cervical Screening Register
• 137B Sharing of information about cervical screening
• 138 Use of information on Cervical Screening Register
• 139 Disclosing information in Cervical Screening Register
• 140 Objection to inclusion in Cervical Screening Register
• 141 Cervical cancer test results
• 142 Removal of identifying data from Cervical Screening Register

Division 2 - Information registers

• 143 General registers
• 144 Registers kept by councils
• 145 Register of licences
• 146 Keeping of registers

PART 8 - Miscellaneous Division 1 - Information

• 147 Disclosure of information
• 148 Requirement for information
• 149 Section 149

Division 2 - Articles and substances

• 150 Dealings with certain articles and substances
• 151 Removal and destruction

Division 3 - Costs and compensation

• 152 Costs incurred in exercising power
• 153 Compensation

Division 4 - Offences

• 154 Offences against authorised officers
• 154A Offences against water quality auditors
• 155 Interfering with or removing seals and samples
• 156 Inciting and encouraging
• 157 Offences by corporations
• 158 Proceedings
• 159 Cost of proceedings

Division 5 - Reviews and Appeals

• 160 Appeal relating to seizure
• 160AA Reviews relating to permits to supply needles and syringes
• 160A Reviews relating to smoking product licence
• 160B Reviews relating to approval of designated smoking area
• 160C Reviews relating to approval of water quality auditor
• 161 Appeal relating to place of assembly licence
• 162 Appeal relating to registration
• 163 Reviews relating to public health risk activity licence
• 163A Reviews relating to registration as supplier of water
• 163B Reviews relating to registration as a water carrier
• 164 Reviews relating to regulated systems
• 165 Review of orders
• 166 Review of notices
• 167 Determination of appeal
• 168 Appeal to Supreme Court

Division 6 - Infringement notices

• 169 Infringement notices
• 170 Section 170
• 171 Section 171
• 172 Section 172
• 173 Section 173
• 174 Payments to council or Public Account
• 175 Section 175
• 176 Section 176
• 177 Section 177

Division 7 - Regulations and guidelines

• 178 General provisions
• 179 Regulations of savings or transitional nature
• 180 Regulations relating to places
• 181 Regulations relating to registered premises
• 182 Regulations relating to fees and charges
• 183 Prescribed offences and penalties
• 184 Guidelines

Division 8 - Miscellaneous matters

• 185 Council fees
• 186 Assistance
• 187 Exemptions
• 187A Quarantined, &c., persons to be permitted to communicate with
certain persons
• 188 Immunity from liability
• 189 Forfeiture
• 190 Sale or disposal of forfeited things
• 191 Return of and access to seized things
• 192 Sale or disposal of seized things
• 193 False and misleading statements
• 194 Evidence
• 194A Evidence relating to smoking product
• 195 Fees and penalties
• 196 Guidelines and codes of practice
• 197 Repeals and rescissions
• 198 Savings and transitional
• 198A Savings and consequential provisions consequent to Public Health
(Miscellaneous Amendments) Act 2015
• 198B Extension of emergency declaration, &c.
• 199 Administration of Act
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

[ Note: This table has been automatically generated and may be incomplete. ]