Tasmanian Consolidated Acts

PUBLIC HEALTH ACT 1997 - SECT 3

In this Act –

"activity" includes any activity existing, proposed or partly completed or undertaken;

"Advisory Committee" means the Public Health Advisory Committee established under section 37;

"Agency" means an Agency within the meaning of the State Service Act 2000;

"air-handling system" means a system that directs air in a positive and controlled manner to and from specific enclosures by means of air-handling plant, ducts, plenums, air-distribution devices or control devices;

"Appeal Tribunal" means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993;

"approved" means approved by the Director;

"approved form" means a form that –

(a) is approved by the Director; or

(b) contains information approved by the Director;

"area" includes any geographic location;

"authorised officer" means –

(a) the Director; or

(b) a medical officer of health; or

(c) an environmental health officer;

"carton" means a package that contains more than one packet of cigarettes;

"certificate of authority" means a certificate issued under section 31;

"certificate of registration as user or supplier of private water" means the certificate referred to in section 135;

"certificate of registration of premises" means the certificate referred to in section 98;

"certificate of registration of regulated system" means the certificate referred to in section 116;

"cervical cancer" means the malignant growth of human tissue in the uterine cervix which –

(a) if unchecked, is likely to spread to adjacent tissue and beyond its site of origin; and

(b) has a tendency to recur;

"cervical cancer test" means a test or procedure which may indicate whether or not a person is suffering from cancer of the uterine cervix or any of its precursors;

"Cervical Cytology Register" means the register maintained under Division 1 of Part 7;

"child" means a person who has not attained the age of 18 years;

"child-care facility" means any facility used for the care of children;

"cigarette shipper" means packaging that contains more than one carton;

"closure order" means a closure order and an interim closure order in force under Division 2 of Part 5;

"confectionery" includes –

(a) sweets, chocolates and candy; and

(b) popcorn and other snack foods containing potato, nuts or cereal; and

(c) confectionery novelties; and

(d) muesli bars, fruit bars, health food bars and other similar products;

"consent" means consent given –

(a) without any force, fraud or threat; and

(b) with knowledge and understanding of the medical and social consequences of the matter to which the consent relates;

"contaminant" means any substance declared under section 40 to be a contaminant;

"cooling tower" means –

(a) a device that lowers the temperature of water by evaporative cooling in which atmospheric air is in contact with falling water thereby exchanging heat; or

(b) a device referred to in paragraph (a) that incorporates a water-refrigerant exchanger or water-water heat exchanger;

"council fee" means a fee imposed by a council under section 185;

"Director" means the Director of Public Health appointed under section 6;

"director", in relation to a body corporate, includes –

(a) a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position; and

(b) any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

"disease" includes –

(a) any sickness or illness which may cause a disruption of human body functions, systems or organs; and

(b) any notifiable disease; and

(c) any symptoms associated with a disease;

"emergency declaration" means a declaration made under section 14;

"enclosed" means –

(a) having a ceiling or roof; and

(b) being completely or substantially enclosed by walls or windows, except for doors and passageways;

"enclosed public place" means a place for the use of the public which –

(a) has a ceiling or roof; and

(b) except for doors and passageways, is completely or substantially enclosed by walls or windows;

"environmental health officer" means a person appointed under section 10 or 11;

"excluded person" means a mortgagee, lessor or financial institution not having actual or complete control, access, use or management of a place, vehicle or other thing;

"food" has the same meaning as in the Food Act 2003;

"general manager" means a general manager as defined in the Local Government Act 1993;

"guidelines" means guidelines issued under section 184;

"health officer" means –

(a) an environmental health officer; or

(b) a medical officer of health;

"human pathogenic organism" means –

(a) an organism declared under section 40 to be a human pathogenic organism; and

(b) any toxins produced by that organism;

"humidifying system" means a system which adds moisture to air;

"information register" means a register referred to in Division 2 of Part 7;

"infringement notice" means an infringement notice referred to in Division 6 of Part 8;

"interim closure order" means an order in force under section 87(2);

"laboratory" means a diagnostic laboratory whether associated with a hospital or not;

"licensed premises" has the meaning assigned to that expression in section 3 of the Liquor Licensing Act 1990;

"medical examination" includes –

(a) any psychological examination; and

(b) the taking of samples of any substance or secretion from the body;

"medical officer of health" means a person appointed under section 10 or 11;

"multiple-use building" means a building used or intended to be used for domestic and other purposes;

"nominated officer" means –

(a) the Director; or

(b) a health officer; or

(c) a police officer; or

(d) any other approved person;

"non-domestic building" means a building used or intended to be used for purposes other than domestic;

"non-tobacco cigarette" means a rolled cylinder of a substance, other than tobacco, produced by a commercial process that is intended for smoking;

"notifiable disease" means a disease declared under section 40 to be a notifiable disease;

"occupier", in relation to a place, means –

(a) a licensee and the holder of any right at law to use or carry on operations at that place other than an excluded person; or

(b) if a place is occupied by different persons in different parts –

(i) the person occupying each part; and

(ii) a licensee and the holder of any right at law to use or carry on operations in that place other than an excluded person;

"outdoor dining area" means an area that is not enclosed and that contains tables or seating provided by the occupier of licensed premises, a restaurant, a cafe, a snack bar or a takeaway food shop for the use of its customers while consuming solid food;

"outdoor smoking area" has the meaning given by section 3A;

"owner" includes –

(a) an occupier; and

(b) a person in charge of or operating any premises;

"package" includes –

(a) a box, carton, cylinder, packet, pouch, tin and wrapping; and

(b) the material or substance from which a package is made;

"packet" means an individual packet containing tobacco or a tobacco product;

"place of assembly" includes –

(a) any place or area used for the entertainment of members of the public; and

(b) any place or area used for the assembly of members of the public for social and recreational purposes; and

(c) any school or other place or area used for community or public purposes;

"place of assembly licence" means a licence in force under Division 1 of Part 5;

"premises" includes –

(a) land; and

(b) a building or part of a building; and

(c) a structure or part of a structure; and

(d) fences, walls, outbuildings, service installations and other appurtenances of a structure; and

(e) a tent, stall or other temporary structure; and

(f) a boat or a pontoon;

"private water source" means any water used or supplied for human consumption, other than water supplied by a regulated entity;

"product line", in relation to tobacco or a tobacco product, means a kind of tobacco or tobacco product distinguishable from another kind of tobacco or tobacco product by any one or more of the following characteristics:

(a) its length, mass or volume;

(b) its content;

(c) its brand name or trade mark;

(d) in the case of a packet of cigarettes or cigars, the number of cigarettes or cigars in the packet;

"proof of age" means  –

(a) a driver's licence; or

(b) a passport; or

(c) a class of document specified in the guidelines for the purpose of this definition;

"public" includes any person working in an enclosed public place;

"public authority" means –

(a) any council; or

(b) any body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or

(c) any body corporate established under an enactment or in the exercise of prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State;

"public health" means the physical, mental and social wellbeing of the community;

"public health emergency" means any situation in which a threat to public health is likely to occur;

"public health risk activity" means any activity which may result in the transmission of disease;

"public notice" means a notice published in the Gazette and a daily newspaper circulating generally in the State;

"public office" means the place at which a council carries on its administrative activities;

"public place" includes a place to which the public ordinarily has access, whether or not by payment or invitation;

"publish" includes –

(a) publish material in a printed format which is available to the public; or

(b) publish material by any electronic means; or

(c) publish material by radio or television transmission; or

(d) provide material in a cinematographic film or videotape which is available to the public; or

(e) provide material in a book or sound recording which is available to the public; or

(f) make known to the public in any other manner or by any other means;

"record" includes –

(a) a document and register; and

(b) an electronic record;

"rectification notice" means a notice in force under section 92;

"register" includes any method or database for the compilation of information;

"registered" means registered under this Act;

"regulated entity" means a regulated entity within the meaning of the Water and Sewerage Industry Act 2008;

"regulated system" means –

(a) an air-handling system; or

(b) a cooling tower; or

(c) a warm-water system; or

(d) a humidifying system; or

(e) any other system or process that may involve a risk of legionnaire's disease (legionellosis) required to be registered under section 113;

"residential care facility" means a facility that provides residential care;

"roof" includes any structure or device, whether fixed or movable, that prevents or impedes upward airflow;

"sales unit" means a receptacle, an area of shelving or any other thing from which tobacco or tobacco products are dispensed when sold;

"sell" includes –

(a) dispose by any method for valuable consideration; and

(b) barter or exchange; and

(c) dispose to an agent for sale on consignment; and

(d) offer or expose for sale; and

(e) keep or have in possession for sale; and

(f) agree to sell; and

(g) send, forward or deliver for sale; and

(h) dispose by way of raffle, lottery or other game of chance; and

(i) provide a sample;

"service area" means an area –

(a) to which members of the public do not normally have access; and

(b) from where sales of tobacco or tobacco products are ordinarily effected;

"smoke" means to –

(a) smoke, hold or otherwise have control over an ignited cigarette, cigar or pipe; or

(b) permit the release of smoke or fumes from a burning cigarette, cigar or pipe;

"smoke-free area" means an area or place referred to in section 67B(1);

"solid food" means food other than confectionery or beverages;

"specialist tobacconist premises" means –

(a) premises that are operated independently and apart from any other retail business and where only tobacco, tobacco products, matches and cigarette or pipe lighters are sold; or

(b) premises that, under section 72B, are determined to be specialist tobacconist premises;

"takeaway food shop" means premises where the primary function is the sale of solid food that is ready for immediate consumption with the intention that the food will be consumed elsewhere than in those premises;

"threat to public health" means any event or circumstance which is likely to –

(a) damage, injure or compromise public health; or

(b) prevent or restrict the improvement of public health;

"tobacco advertisement" means writing, still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of 2 or more of them, that gives publicity to, or otherwise promotes or is intended to promote –

(a) the purchase or use of tobacco or a tobacco product; or

(b) the trademark or brand name, or part of a trademark or brand name, of tobacco or a tobacco product;

"tobacco product" means –

(a) tobacco in the form of any cigars or cigarettes; or

(b) any product of which tobacco is an ingredient; or

(c) any device designed or intended only for the use of tobacco; or

(d) a prescribed product;

"tobacco product vending machine" means a machine from which tobacco or tobacco product is dispensed;

"tobacco seller's licence" means a tobacco seller's licence in force under Division 3 of Part 4;

"vehicle" includes any vessel or aircraft;

"warm-water system" means a system that stores water between 30 ^o C – 50 ^o C;

"warrant" means a warrant issued under section 43;

"water" includes –

(a) any potable water; and

(b) any reticulated water; and

(c) any ground water; and

(d) any water supplied from tanks, dams or springs; and

(e) any recreational water; and

(f) any man-made, modified or natural body of water; and

(g) any water used in food processing or manufacturing processes; and

(h) any water in which shellfish or fish are grown or from which shellfish or fish are taken; and

(i) any water used in a regulated system;

"wharf" includes any structure that extends beyond the low-water mark;

"workplace" means any premises or place where an employee, contractor or self-employed person is employed or engaged in any industry.