{"id":"public-and-environmental-health-act-2011","name":"Public and Environmental Health Act 2011","slug":"public-and-environmental-health-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30523,"registerId":"nt-public-and-environmental-health-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 5","sectionType":"division","heading":"Transitional matters for Public and","content":"Division 5 Transitional matters for Public and\nEnvironmental Health Legislation Amendment\nAct 2022\n142 Definition........................................................................................ 82\n143 Written directions of CHO .............................................................. 82\n144 Appointment of and direction to authorised officers ....................... 82\nSchedule 1 Reviewable decisions and affected\npersons\n\n____________________\nAs in force at 27 May 2022\n____________________\nPUBLIC AND ENVIRONMENTAL HEALTH ACT 2011\nAn Act about public and environmental health\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Public and Environmental Health\nAct 2011.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\n(1) This Act has the following objects:\n(a) to protect and promote the health of individuals and\ncommunities in the Territory;\n(b) to provide a flexible capacity to protect the health of particular\nindividuals and communities in the Territory from emerging\nenvironmental conditions, or public and environmental health\nissues, that may impact on their health and wellbeing;\n(c) to enable special action to be taken to protect the health of\nparticular individuals and communities in the Territory who are\nat public health risk or facing particular health problems;\n(d) to improve the public and environmental health outcomes of\nall Territorians in partnership with individuals and the\ncommunity;\n(e) to monitor, assess and control environmental conditions,\nfactors and agents, facilities and equipment and activities,\nservices and products that impact on or may impact on public\nand environmental health.\n\nPublic and Environmental Health Act 2011 2\n(2) In carrying out the objects of this Act, regard should be had to the\nprecautionary principle.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder this Act or exercising powers or performing functions\notherwise related to the administration of this Act.\nAdministering Agency register, see section 125(1).\naffected person, see section 104(2).\napproved form means a form approved under section 124.\nauthorised officer, see section 76(1).\nbusiness includes:\n(a) the provision of services on a commercial or non-commercial\nbasis; and\n(b) a profession, trade or occupation.\nChief Health Officer means the person holding or occupying the\noffice of Chief Health Officer established by section 66.\nCHO is an acronym for Chief Health Officer.\nCOVID-19 means the Coronavirus disease named \"COVID-19\" by\nthe World Health Organization.\ndeclared activity means an activity declared under section 9(1) to\nbe a public health risk activity.\nemergency declaration means a declaration of a public health\nemergency made under section 48.\nenforcement agency means an enforcement agency appointed\nunder section 70.\nenvironmental health means the aspects of human health\ndetermined by the physical, chemical, biological and social factors\nin the environment.\nforfeited thing, see section 98(1).\nguideline means a guideline in force under section 101.\n\nPublic and Environmental Health Act 2011 3\nhealth information, see section 4 of the Information Act 2002.\nhealth information register, see section 65(1).\ninquirer, see section 39(1).\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nmobile operator, for a registered business, means an individual\n(whether the proprietor of the business or the agent or employee of\nthe proprietor) who conducts operations of the business that involve\ncarrying out a declared activity away from the place registered as\nthe place on which the declared activity is carried out.\noccupier, of a place, includes the following:\n(a) a person who is in charge of or manages a business\nconducted at the place, whether or not the person is the\nproprietor of the business;\n(b) a person who occupies or controls the place, whether or not\nthe person owns the place;\n(c) if different parts of the place are occupied by different\npersons – a person who occupies or controls a part of the\nplace, whether or not the person owns the place or part of the\nplace.\nowner, of a place, includes the following:\n(a) a person who is the proprietor of a business conducted at the\nplace;\n(b) a person who manages the place as the agent of the owner;\n(c) a mortgagee in possession of the place who has assumed\nactive management of some or all of the activities carried out\nat the place.\nplace includes the following:\n(a) vacant land;\n(b) premises;\n(c) a vehicle;\n(d) a body of water;\n\nPublic and Environmental Health Act 2011 4\n(e) a part of a place.\nprecautionary principle means the principle stated in section 5.\npremises includes:\n(a) a building or structure; and\n(b) a part of a building or structure; and\n(c) land on which a building or structure is situated.\nproprietor, of a business, means:\n(a) the owner of the business; or\n(b) a person conducting business for the owner of the business;\nor\n(c) if a person mentioned in paragraph (a) or (b) cannot be\nidentified – the person who appears to be in charge of the\nbusiness.\npublic health means the physical, mental and social wellbeing of\nthe community.\npublic health notice, see section 29(1).\npublic health nuisance, see section 25(1) and (2).\npublic health order, see section 32(1).\npublic health risk means a risk of harm to public health.\nreasonably believes means believes on reasonable grounds.\nregistered business means a business for which registration has\nbeen granted under section 12 or renewed under section 17.\nregistration means registration of a business granted under\nsection 12 or renewed under section 17.\nregistration notice, for the registration of a business, means a\nnotice stating the date, terms and conditions of the registration.\nresidential premises means premises used exclusively or\nprimarily as a residence, and includes:\n(a) a caravan or mobile home; and\n(b) a houseboat or other vessel.\n\nPublic and Environmental Health Act 2011 5\nreviewable decision, see section 104(1).\nseized thing, see section 89(1).\nserious public health risk means a public health risk involving\nsignificant potential harm to public health that:\n(a) is of a high impact; or\n(b) is on a wide scale; or\n(c) is or may be irreversible.\nsource, of a public health nuisance, see section 25(3).\nstandard means a standard applying in the Territory, or a stated\npart of the Territory, under section 102.\nvehicle means anything used for carrying anything or any person\nby land, water or air.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Precautionary principle","content":"5 Precautionary principle\n(1) If there is a serious public health risk, lack of full scientific certainty\nshould not be used as a reason for postponing measures to\nprevent, control or abate the risk.\n(2) In the application of subsection (1), decision making should be\nguided by:\n(a) a careful evaluation to avoid, where practicable, serious harm\nto public health; and\n(b) an assessment of the consequences of the options available\nwith regard to the risk of each consequence occurring.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"6 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent the\nlegislative power of the Legislative Assembly permits, the Crown in all\nits other capacities.\n\nPublic and Environmental Health Act 2011 6\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of Criminal Code","content":"7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with the burden of proof.\nIt also defines, or elaborates on, certain concepts commonly used in the creation\nof offences.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application of Part","content":"8 Application of Part\n(1) This Part does not apply to a person who is authorised by another\nAct to carry out a declared activity.\n(2) Without limiting subsection (1), a person is authorised by another\nAct if:\n(a) the person is a health practitioner who carries out the activity\nin the course of practising the health practitioner's profession;\nor\n(b) the person is licensed or otherwise authorised under the\nRadiation Protection Act 2004 to carry out the activity.\n(3) In this section:\nhealth practitioner means:\n(a) a medical practitioner; or\n(b) a person registered under the Health Practitioner Regulation\nNational Law:\n(i) to practise in the dental profession as a dentist (other\nthan as a student); and\n(ii) in the dentists division of that profession; or\n(c) a person registered under the Health Practitioner Regulation\nNational Law to practise in the nursing profession (other than\nas a student); or\n\nPublic and Environmental Health Act 2011 7\n(d) a person registered under the Health Practitioner Regulation\nNational Law to practise in the pharmacy profession (other\nthan as a student).\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Declaration of public health risk activities","content":"9 Declaration of public health risk activities\n(1) The Minister may, by Gazette notice, declare an activity to be a\npublic health risk activity.\n(2) Without limiting subsection (1), the declared activity may be an\nactivity that might:\n(a) result in the transmission of disease; or\n(b) otherwise be a public health risk.\n","sortOrder":9},{"sectionNumber":"Div 2","sectionType":"division","heading":"Registration of businesses carrying out declared","content":"Division 2 Registration of businesses carrying out declared\nactivities\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Business required to be registered","content":"10 Business required to be registered\n(a) the person is the proprietor of a business; and\n(b) the person, or an employee or agent of the person, carries out\na declared activity in the conduct of the business; and\n(c) the business is not registered for the activity.\n(a) intentionally carries out the activity in the conduct of the\nbusiness; or\n(b) is reckless as to whether the person's employee or agent\ncarries out the activity in the conduct of the business.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Application for registration","content":"11 Application for registration\n(1) An application for the registration of a business involving the\ncarrying out of a declared activity must:\n(a) be made in the approved form to the CHO by the proprietor of\nthe business; and\n\nPublic and Environmental Health Act 2011 8\n(b) include the following particulars:\n(i) the name and address of the proprietor;\n(ii) the name under which the business operates and the\naddress of each place where the business is conducted;\n(iii) the nature and location of the declared activity;\n(iv) the nature of the business;\n(v) if the declared activity is being, or is proposed to be,\ncarried out by a mobile operator – the name and address\nof the mobile operator; and\n(c) include a set of scaled drawings, plans or specifications of the\nbusiness; and\n(d) be accompanied by the fee prescribed by regulation.\n(2) The CHO may request the proprietor to provide any additional\ninformation the CHO requires to consider the application.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Grant or refusal of registration","content":"12 Grant or refusal of registration\n(1) The CHO must consider the application and decide whether to\nregister the business.\n(2) The CHO must register the business if satisfied the proprietor will:\n(a) carry out the declared activity in a proper way; and\n(b) conduct the business in accordance with its registration and\nthis Act.\n(3) The CHO must give the proprietor the following:\n(a) written notice of the CHO's decision;\n(b) if the CHO registers the business – a registration notice for the\nbusiness;\n(c) if the CHO refuses to register the business – written notice of:\n\nPublic and Environmental Health Act 2011 9\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Conditions of registration","content":"13 Conditions of registration\n(1) It is a condition of the registration of the business that the proprietor\nand any mobile operators for the business comply with this Act.\n(2) The CHO may impose any other conditions of registration relating\nto the carrying out of the declared activity the CHO considers\nappropriate.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Compliance with conditions by proprietor","content":"14 Compliance with conditions by proprietor\n(c) the proprietor engages in conduct that results in a\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Compliance with conditions by mobile operator","content":"15 Compliance with conditions by mobile operator\n(a) the person is a mobile operator for a registered business; and\n(c) the person engages in conduct that results in a contravention\nof the condition.\n(a) knows the registration is subject to a condition; and\n(b) intentionally engages in the conduct; and\n\nPublic and Environmental Health Act 2011 10\n(2) A person commits an offence if:\n(c) a mobile operator for the business engages in conduct that\nresults in a contravention of the condition.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant proves the defendant used all due\ndiligence to ensure the mobile operator complied with the condition.\n(5) The proprietor of a business may be prosecuted for and found guilty\nof an offence against subsection (2) even if the mobile operator has\nnot been prosecuted for an offence against subsection (1).\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Term of registration","content":"16 Term of registration\nThe registration of a business remains in force for the period stated\nin the registration notice, unless it is cancelled under section 21.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Renewal of registration","content":"17 Renewal of registration\n(1) An application for the renewal of the registration of a business\nmust:\n(a) be made in the approved form to the CHO by the proprietor of\nthe business; and\n(b) be made before the end of the term of the registration; and\n(c) be accompanied by the fee prescribed by regulation.\n(2) The CHO may require an inspection by an authorised officer of the\nbusiness and the way the declared activity is conducted before\ndeciding the application.\n(3) The CHO must consider the application and decide whether to\nrenew the registration.\n\nPublic and Environmental Health Act 2011 11\n(4) The CHO may impose different conditions on a renewed\nregistration than those imposed immediately before the renewal.\n(5) The CHO must give the proprietor the following:\n(a) written notice of the CHO's decision;\n(b) if the CHO renews the registration – a registration notice for\nthe business;\n(c) if the CHO refuses to renew the registration – written notice of:\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Display of registration notice","content":"18 Display of registration notice\n(1) The proprietor of a registered business must display a copy of the\nregistration notice for the business in a conspicuous place at each\nplace where the business is conducted.\n(3) A mobile operator for the business must carry a copy of the\nregistration notice at all times the operator is carrying out a\ndeclared activity away from the place registered as the place on\nwhich the declared activity is carried out.\n(4) An offence against subsection (3) is an offence of strict liability.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Registration non-transferable","content":"19 Registration non-transferable\nThe registration of a business is not transferable.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Variation of conditions of registration","content":"20 Variation of conditions of registration\n(1) The CHO may vary the conditions of the registration of a registered\nbusiness:\n(a) on application of the proprietor to the CHO; or\n(2) An application for variation must be:\n(a) in the approved form; and\n\nPublic and Environmental Health Act 2011 12\n(b) accompanied by the fee prescribed by regulation.\n(3) The CHO must consider the application and decide whether to vary\nthe conditions of the registration in accordance with the application.\n(4) Following an application for variation, the CHO must give written\nnotice to the proprietor of:\n(5) Before varying the registration on the CHO's initiative, the CHO\nmust give the proprietor written notice:\n(a) stating the proposed variation; and\n(b) stating the reasons for the variation; and\n(c) inviting the proprietor to submit, within the period of not less\nthan 7 days stated in the notice, reasons why the variation\nshould not be made.\n(6) The CHO may, having considered any submissions of the\nproprietor, vary the conditions of the registration as proposed in the\nnotice or in another way the CHO considers appropriate.\n(7) The CHO must, if the CHO varies the conditions under\nsubsection (6), give written notice to the proprietor of the variation.\n(8) A variation of conditions of registration takes effect on the later of\n(a) the date on which the proprietor receives notice of the\nvariation;\n(b) the date stated in the notice.\n(9) Subsections (2) to (8) do not apply if the variation is for a formal or\nclerical reason that does not alter the effect of the registration.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Cancellation of registration","content":"21 Cancellation of registration\n(1) The CHO may cancel the registration of a business:\n(a) if the proprietor or a mobile operator for the business\ncontravenes a condition of the registration; or\n\nPublic and Environmental Health Act 2011 13\n(b) if the proprietor or a mobile operator for the business is found\nguilty of an offence against this Act or another law of the\nTerritory relating to the declared activity that is the subject of\nthe registration; or\n(c) for another reason the CHO considers appropriate.\n(2) Before cancelling the registration, the CHO must give written notice\nto the proprietor:\n(a) stating the CHO proposes to cancel the registration; and\n(b) stating the reasons for cancellation; and\n(c) inviting the proprietor to submit, within the period of not less\nthan 7 days stated in the notice, reasons why the registration\nshould not be cancelled.\n(3) If, having considered any submissions of the proprietor, the CHO\ncontinues to consider the registration should be cancelled, the CHO\nmay cancel the registration by written notice to the proprietor.\n(4) The notice must state:\n(a) the reasons for the cancellation; and\n(b) the procedures for review and appeal under Part 8.\n(5) The cancellation takes effect on the later of the following:\n(a) the date on which the proprietor receives the notice;\n(b) the date stated in the notice.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Applying for registration after cancellation","content":"22 Applying for registration after cancellation\n(1) The cancellation of the registration of a business does not prevent\nthe proprietor from applying to re-register the same business or\nregister another business.\n(2) However, the proprietor is not entitled to re-register the same\nbusiness or register another business within 12 months after the\ndate the registration was cancelled.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Changes relating to registered business to be notified","content":"23 Changes relating to registered business to be notified\n(1) The proprietor of a registered business must give the CHO written\nnotice of a change in any of the following within 14 days after the\nchange occurs:\n(a) the proprietor's name or address;\n\nPublic and Environmental Health Act 2011 14\n(b) the name of the business;\n(c) the address of the place where the business is conducted;\n(d) the name or address of a mobile operator for the business.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"CHO to be notified of sale or disposal of business","content":"24 CHO to be notified of sale or disposal of business\n(b) the person:\n(i) sells or otherwise disposes of the business or other\nproperty used for carrying out declared activities by the\nbusiness; or\n(ii) ceases to operate the business; and\n(c) does not give the CHO written notice in accordance with\nsubsection (4).\n(4) The notice must:\n(a) include details of the business or property sold or disposed of\nor of the cessation; and\n(b) if the proprietor sells the business or other property – include\nthe name and address of the purchaser of the business or\nproperty; and\n(c) be given to the CHO within 7 days after the sale, disposal or\ncessation.\n\nPublic and Environmental Health Act 2011 15\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Public health nuisance and its source","content":"25 Public health nuisance and its source\n(1) A public health nuisance is anything that:\n(a) puts at risk or damages public health; or\n(b) has put at risk or damaged public health; or\n(c) is likely to put at risk or damage public health.\n(2) Without limiting subsection (1), a public health nuisance may relate\nto any of the following:\n(a) place;\n(b) water or land covered by water;\n(c) an animal, whether dead or alive;\n(d) refuse;\n(e) dust, fumes, vapour or any other emission.\nExamples of animals for subsection (2)(c)\n1 A bird.\n2 A reptile.\n3 An insect.\n(3) The source of a public health nuisance is the condition, state or\nconduct that is, or results in, the public health nuisance.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Causing or permitting public health nuisance","content":"26 Causing or permitting public health nuisance\n(a) the person engages in conduct; and\n(b) the conduct results in a public health nuisance.\n\nPublic and Environmental Health Act 2011 16\n(b) is reckless as to whether the conduct will result in a public\n(2) A person commits an offence if:\n(a) the person is an occupier of a place; and\n(b) the source of a public health nuisance exists at, or emanates\nfrom, the place; and\n(c) the occupier fails to prevent or remove the source.\n(a) knows the source of the nuisance exists at, or emanates from,\nthe place; and\n(b) intentionally fails to prevent or remove the source.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Complaint about public health nuisance","content":"27 Complaint about public health nuisance\n(1) A person who is affected by what the person believes is a public\nhealth nuisance may complain to an authorised officer about the\nnuisance.\n(2) The complaint:\n(a) may be made orally or in writing; and\n(b) must state what the person believes is the source of the public\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Investigation of complaint","content":"28 Investigation of complaint\n(1) As soon as possible after a complaint is made, an authorised officer\nmust investigate the complaint to decide whether or not a public\nhealth nuisance exists.\n(2) The authorised officer who investigates the complaint need not be\nthe authorised officer who received the complaint.\n\nPublic and Environmental Health Act 2011 17\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Issue of public health notice","content":"29 Issue of public health notice\n(1) The CHO may issue a notice (a public health notice) to a person if\nthe CHO reasonably believes:\n(a) the person is the occupier of a place where:\n(i) an activity is being carried on that contravenes, or is\nlikely to contravene, this Act; or\n(ii) an activity has been carried on that contravened this Act;\nand it is likely the contravention will be repeated; or\n(iii) the source of a public health nuisance exists, or\nemanates from; or\n(b) the person:\n(i) is carrying on an activity that contravenes, or is likely to\ncontravene, this Act; or\n(ii) has carried on an activity that contravened this Act and it\nis likely the person will repeat the contravention; or\n(iii) is engaging in conduct that is the source of a public\n(2) The notice must state the following:\n(a) the reasons the CHO has issued the notice;\n(b) the person must rectify the circumstances that gave rise to the\nnotice;\n(c) the period within which the person must comply with the\nnotice;\n(d) if the CHO considers it appropriate – the action recommended\n(but not required) to be taken;\n(e) the procedures for review and appeal under Part 8.\n(3) An activity may contravene or be likely to contravene this Act\nbecause of the way the activity is being carried out.\n\nPublic and Environmental Health Act 2011 18\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Compliance with public health notice","content":"30 Compliance with public health notice\n(a) a public health notice is issued to the person; and\nof the notice.\ncontravention of the notice.\n(3) To avoid doubt, a person does not commit an offence against\nsubsection (1) merely because the person does not take the action\nrecommended by the CHO.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Duration of public health notice","content":"31 Duration of public health notice\nA public health notice has effect until it is cancelled under\nsection 38.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Issue of public health order","content":"32 Issue of public health order\n(1) The CHO may issue an order (a public health order) to a person:\n(a) issued with a public health notice who has failed to comply\nwith the notice (whether or not the period for compliance with\nthe notice, or any extension of the period, has expired); or\n(b) who is conducting a business (which need not be a registered\nbusiness) or carrying out any activity (which need not be a\ndeclared activity) in circumstances or in a way that gives rise\nto an immediate serious public health risk.\n(2) The order must state the following:\n(a) the reasons for issuing the order;\n\nPublic and Environmental Health Act 2011 19\n(b) the place or activity to which the order applies;\n(c) the action the person must take to rectify the circumstances\nthat gave rise to the order;\n(d) if appropriate – the period within which the order must be\ncomplied with;\n(e) the procedures for review and appeal under Part 8.\n(3) The order may include any of the following directions:\n(a) a thing must or must not to be used in connection with a\nbusiness or activity;\n(b) a thing must be isolated, destroyed or disposed of in a stated\nway;\n(c) a business or activity must be conducted or carried out in a\nstated way;\n(d) the whole or a part of a place where a business or activity is\nconducted or carried out must be closed or sealed off.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Duration of public health order","content":"33 Duration of public health order\nA public health order remains in force until it is cancelled under\nsection 38.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Compliance with public health order","content":"34 Compliance with public health order\n(a) a public health order is issued to the person; and\nof the order.\ncontravention of the order.\nMaximum penalty: 500 penalty units.\n\nPublic and Environmental Health Act 2011 20\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Display of public health order","content":"35 Display of public health order\n(1) A person issued with a public health order must display a copy of\nthe order in a conspicuous place at each place to which the order\nrelates.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Enforcement of public health order","content":"36 Enforcement of public health order\n(1) The CHO may apply to the Local Court for an order under\nsubsection (2) if a person issued with a public health order fails to\ncomply with the order within:\n(a) the period for compliance with the order; or\n(b) if the period for compliance is extended under section 37 – the\nextended period for compliance.\n(2) If the Court is satisfied the person has failed to comply with the\npublic health order, the Court may order the person to remedy the\nfailure by:\n(a) taking particular action; or\n(b) stopping engaging in particular conduct; or\n(c) doing anything else the Court considers necessary.\n(3) In considering the application, the Court may call for and consider\nany relevant report on the matter.\n(4) In addition to making an order under subsection (2), the Court may:\n(a) order the person to pay to the Territory a civil penalty of up to\n500 penalty units; and\n(b) make other orders (including as to costs) the Court considers\njust.\n(5) The Court may make an order under subsection (4)(a) whether or\nnot the person has been prosecuted for or found guilty of an\noffence against section 34.\n\nPublic and Environmental Health Act 2011 21\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Extension of period for compliance with public health notice or","content":"37 Extension of period for compliance with public health notice or\norder\n(1) Before the period for compliance with a public health notice or\npublic health order expires, the CHO may extend the period:\n(a) on application of the person issued with the notice or order; or\n(2) If a person applies for an extension of the period for compliance,\nthe CHO must consider the application and decide whether to\nextend the period.\n(3) The CHO must give written notice to the applicant of:\n(4) The CHO must not extend the period for compliance unless\nsatisfied the applicant will not be able to comply with the notice or\norder within the period.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Cancellation of public health notice or order","content":"38 Cancellation of public health notice or order\n(1) The CHO may cancel a public health notice or public health order:\n(a) on application of the person issued with the notice or order; or\n(2) An application for cancellation must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the action taken to comply with the notice or order; and\n(d) state a date on which, or a period within which, an appropriate\ninspection may be made to decide whether the notice or order\nhas been complied with.\n\nPublic and Environmental Health Act 2011 22\n(3) If a person applies for cancellation of a notice or order, the CHO\nmust consider the application and decide whether to cancel the\nnotice or order.\n(4) The CHO must give written notice to the applicant of:\n(5) The CHO must not cancel a notice or order unless the CHO is\nsatisfied:\n(a) an authorised officer has carried out an appropriate\ninspection; and\n(b) the notice or order has been complied with.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Establishment of inquiry","content":"39 Establishment of inquiry\n(1) If the Minister considers there is a matter concerning public health\nor the administration of this Act that is of a serious nature, the\nMinister may appoint a person (an inquirer) to conduct an inquiry\nand report on the matter.\n(2) The inquirer must have suitable expertise and experience to\nconduct the inquiry.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Procedure of inquiry","content":"40 Procedure of inquiry\n(1) An inquiry must be conducted:\n(a) subject to and in accordance with any directions of the\nMinister; and\n(b) with as little formality and technicality as a proper\nconsideration of the issues allows; and\n(c) in accordance with any procedures decided by the inquirer.\n\nPublic and Environmental Health Act 2011 23\n(2) The inquirer:\n(a) is not bound by the rules of evidence; and\n(b) is not required to conduct the inquiry as a hearing; and\n(c) must observe the rules of natural justice; and\n(d) must keep a record of the proceedings for the inquiry.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Powers of inquirer","content":"41 Powers of inquirer\nThe inquirer may do any of the following for the inquiry:\n(a) by notice signed by the inquirer – direct a person to attend\nbefore the inquirer to give evidence or produce a relevant\ndocument or thing;\n(b) by notice signed by the inquirer – direct a person to produce a\nrelevant document or thing;\n(c) direct a person to take an oath or affirmation to answer\ntruthfully questions relevant to the inquiry;\n(d) direct a person to answer a relevant question;\n(e) take statements and receive affidavits;\n(f) inspect a document or thing produced before the inquirer;\n(g) make copies of, photograph or take extracts from a document\nor thing produced before the inquirer;\n(h) arrange for the testing or examination of a document or thing\nproduced before the inquirer;\n(i) possess and retain a document or thing produced before the\ninquirer for the period the inquirer considers necessary for the\ninquiry.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Report of inquiry","content":"42 Report of inquiry\n(1) On completing the inquiry, the inquirer must make a report to the\nMinister detailing:\n(a) the way in which the inquiry was conducted; and\n(b) the findings of the inquiry.\n(2) The Minister must table a copy of the report in the Legislative\n\nPublic and Environmental Health Act 2011 24\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Directions by inquirer","content":"43 Directions by inquirer\n(1) A person must comply with a direction by the inquirer to do any of\n(a) attend at the inquiry;\n(b) give oral or written evidence;\n(c) produce a document or thing;\n(d) take an oath or make an affirmation;\n(e) answer a relevant question.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Misleading information and documents","content":"44 Misleading information and documents\n(1) A person must not give misleading information to the inquirer.\n(a) intentionally gives the information to the inquirer; and\n(b) knows the information is misleading; and\n(c) knows the inquirer is conducting an inquiry under this Division.\n(2) A person must not give the inquirer a document containing\nmisleading information.\n(a) intentionally gives the document to the inquirer; and\n(b) knows the document contains misleading information; and\n\nPublic and Environmental Health Act 2011 25\n(c) knows the inquirer is conducting an inquiry under this Division.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the inquirer's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe inquirer the information necessary to remedy the\nmisleading aspect of the document.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Contempt of inquiry","content":"45 Contempt of inquiry\n(1) A person must not interrupt or obstruct the conduct of the inquiry.\n(a) intentionally engages in conduct; and\n(b) is reckless as to whether the conduct would result in the\ninterruption or obstruction.\nMaximum penalty: 200 penalty units or imprisonment for\n1 year.\n(2) A person must not threaten or insult the inquirer in the conduct of\nthe inquiry.\nMaximum penalty: 50 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\ninterrupt includes create a disturbance, or take part in creating or\ncontinuing a disturbance, in or near a place where the inquiry is\nconducted.\nobstruct includes hinder and resist.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Protection and immunity from liability","content":"46 Protection and immunity from liability\n(1) An inquirer has the same protection and immunity as a Supreme\nCourt Judge.\n\nPublic and Environmental Health Act 2011 26\n(2) A person who gives evidence or produces a document or thing for\nan inquiry has the same obligations and protection as a witness in a\nproceeding in the Supreme Court.\n(3) In any proceeding in a court or before a person or tribunal\nexercising or performing its powers or functions in a judicial\nmanner, other than proceedings in a court for the prosecution of an\noffence against section 44(1) or (2), the following is not admissible:\n(a) any evidence given for an inquiry;\n(b) any record of the proceedings of an inquiry.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Application of Division","content":"47 Application of Division\n(1) In the event of an inconsistency between a provision of or under\nthis Division and a provision of or under the Emergency\nManagement Act 2013 or Notifiable Diseases Act 1981, the\nprovision of or under the Emergency Management Act 2013 or\nNotifiable Diseases Act 1981 prevails to the extent of the\ninconsistency.\n(2) In the event of an inconsistency between a provision of or under\nthis Division and a provision of or under another Division of this Part\nor another Part of this Act, the provision of this Division prevails to\nthe extent of the inconsistency.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Declaration of public health emergency","content":"48 Declaration of public health emergency\nThe Minister may, in writing, declare a public health emergency if\nthe Minister is satisfied:\n(a) circumstances of such seriousness and urgency exist that are,\nor threaten to cause, an immediate serious public health risk;\nand\n(b) after consulting the chairperson, as defined in section 8 of the\nEmergency Management Act 2013, of the Territory\nEmergency Management Council:\n(i) a state of disaster or state of emergency has not been\ndeclared under the Emergency Management Act 2013\nbecause of the circumstances; and\n(ii) it is not appropriate to declare a state of disaster or state\nof emergency under that Act.\n\nPublic and Environmental Health Act 2011 27\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Content of declaration","content":"49 Content of declaration\nAn emergency declaration must:\n(a) state the nature of the public health emergency; and\n(b) state the declaration has effect in the whole of the Territory or\na stated part of the Territory; and\n(c) subject to section 50, state the period during which the\ndeclaration must be in force.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Duration of declaration","content":"50 Duration of declaration\n(1) An emergency declaration comes into operation on the date on\nwhich it is made and continues in force for:\n(a) the period, not exceeding 90 days, stated in the declaration; or\n(b) the period during which the Minister extends or further extends\nthe operation of the declaration under subsection (2).\n(2) While an emergency declaration is in force, the Minister may, in\nwriting, extend the period the emergency declaration is in force by\none or more further periods, each not exceeding 90 days.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Notification or extension of declaration","content":"51 Notification or extension of declaration\nThe Minister must, as soon as practicable after making an\nemergency declaration or extending the period during which an\nemergency declaration has effect, publish the declaration or\nextension in:\n(a) the Gazette; and\n(b) a daily newspaper circulating throughout the Territory; and\n(c) if the Minister is satisfied the notices published under\nparagraphs (a) and (b) would not be sufficient notice of the\ndeclaration or extension in a particular area of the Territory –\nanother publication circulating in the area the Minister\nconsiders would give sufficient notice in the area.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"CHO's emergency powers","content":"52 CHO's emergency powers\n(1) If an emergency declaration is in force, the CHO may take the\nactions (including giving oral or written directions) the CHO\nconsiders necessary, appropriate or desirable to alleviate the public\nhealth emergency stated in the declaration.\n\nPublic and Environmental Health Act 2011 28\n(2) The actions the CHO may take include any of the following:\n(a) reducing, removing or destroying the public health risk causing\nor threatening to cause the emergency;\n(b) issuing warnings in relation to the emergency;\n(c) segregating or isolating persons in an area or at a particular\nplace;\n(d) evacuating persons from an area or a particular place;\n(e) preventing persons accessing or entering into an area or a\nparticular place;\n(f) controlling the movement of vehicles within an area.\n(3) The directions the CHO may give include directions requiring any of\n(a) a person to undergo a medical examination of a general\nnature, or of a stated kind, immediately or within the period\nstated;\n(b) a stated person to remain in, or move to or from, a stated area\nor place immediately or within a stated period;\n(c) a stated thing to be seized or destroyed;\n(d) a stated person to provide oral or written information relating\nto the emergency.\n","sortOrder":53},{"sectionNumber":"52A","sectionType":"section","heading":"CHO's power to charge fees during emergencies","content":"52A CHO's power to charge fees during emergencies\n(1) The CHO may charge a fee, of an amount decided by the CHO but\nno greater than the amount prescribed by regulation, to a person or\nclass of persons for any action taken under section 52(1) that\nrequires the person or class to enter quarantine and remain\nquarantined at a place.\n(2) A person or class of persons must pay any fee determined under\nsubsection (1) that is charged to the person or class.\n(3) The fee is recoverable as a debt due to the Territory from the\nperson or class of persons so charged.\n(4) A fee charged under this section may have effect from the day this\nsection commences in respect of any quarantine that begins on or\nafter that day.\n\nPublic and Environmental Health Act 2011 29\n","sortOrder":54},{"sectionNumber":"52B","sectionType":"section","heading":"Determination regarding emergency fee money","content":"52B Determination regarding emergency fee money\n(1) The Minister may, in writing, determine that a fee or class of fees\ncharged by the CHO under section 52A is Commonwealth money.\n(2) Despite section 52A(3), a fee determined to be Commonwealth\nmoney under subsection (1) is a debt due to the Commonwealth.\n(3) A determination under subsection (1) may have effect on and from\n23 October 2020 or any later date.\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Appointment and powers of authorised officer during public","content":"53 Appointment and powers of authorised officer during public\nhealth emergency\n(1) While an emergency declaration is in force, the CHO may:\n(a) appoint authorised officers for the sole purpose of assisting\nthe CHO in exercising the CHO's powers under this Division;\nand\n(b) direct an authorised officer mentioned in paragraph (a) or\nanother authorised officer to assist the CHO in exercising the\nCHO's powers under this Division.\n(2) An authorised officer assisting the CHO may use the force that is\nnecessary and reasonable to do any of the following:\n(a) enter a place to:\n(i) save human life; or\n(ii) prevent injury to a person; or\n(iii) rescue an injured or endangered person;\n(b) prevent entry into or close off an area or place;\n(c) remove a person from an area or place;\n(d) search for and seize a thing;\n(e) search for, examine, copy, remove, and retain documents\nrelating to the public health emergency for so long as is\nreasonably necessary to take notes or extracts from, or take\nphotographs or make copies of, the documents.\n(3) An authorised officer taking action to assist the CHO:\n(a) may take the action at any time of the day; and\n\nPublic and Environmental Health Act 2011 30\n(b) is not required to give notice to any person of the officer's\nintention to take the action; and\n(c) is not required to obtain consent to take the action from any\nperson concerned or the owner or occupier of any area or\nplace concerned; and\n(d) is not required to hold a warrant or another form of\nauthorisation required under a law in force in the Territory to:\n(i) enter and remain at any place (including Aboriginal land)\nconcerned; or\n(ii) search any person or place concerned.\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Record of action taken during public health emergency","content":"54 Record of action taken during public health emergency\n(1) The CHO must keep and maintain a signed written record of all the\naction the CHO takes, including the directions the CHO gives,\nunder sections 52 and 53 in dealing with a public health\nemergency.\n(2) In any proceeding in a court or before a person or tribunal\nexercising or performing powers or functions in a judicial manner, a\nrecord made under subsection (1) is evidence of the matters\nmentioned in the record and of the facts on which those matters are\nbased.\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Report on public health emergency","content":"55 Report on public health emergency\n(1) After an emergency declaration ceases to have effect, the CHO\nmust make a report to the Minister detailing the following:\n(a) the events giving rise to the public health emergency the\nsubject of the declaration;\n(b) the action taken under this Division to deal with the\nemergency;\n(c) the directions given by the CHO under this Division in the\ncourse of the emergency;\n(d) the outcomes of the action taken in dealing with the\nemergency.\n(1A) After an emergency declaration that is extended by the Minister\nunder section 50(2) ceases to be in force, the CHO may, instead of\nthe report mentioned in subsection (1), make a report to the\nMinister summarising the matters set out in that subsection.\n\nPublic and Environmental Health Act 2011 31\n(2) The CHO must give the report to the Minister within 3 months after\nthe date the declaration ceases to be in force.\n(3) The Minister must table a copy of the report in the Legislative\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Contravention of emergency declaration or direction","content":"56 Contravention of emergency declaration or direction\n(a) the CHO takes an action under section 52(1) that involves\ngiving a direction, whether oral or written and whether\nspecified in section 52(3) or otherwise; and\nof the direction.\ncontravention of the declaration or direction.\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Limitation on stay of operation of emergency powers","content":"57 Limitation on stay of operation of emergency powers\nIn any proceedings for judicial review or in any other proceedings, a\ncourt, person or tribunal exercising or performing powers or\nfunctions in a judicial manner is not authorised to make an\ninterlocutory order that has the effect of staying the operation of an\nemergency declaration or an action taken by the CHO under this\nDivision.\n","sortOrder":60},{"sectionNumber":"57A","sectionType":"section","heading":"Application of Division","content":"57A Application of Division\n(1) Subject to subsection (2), this Division has effect for 2 years\nimmediately following the declaration of the public health\nemergency in relation to the COVID-19 pandemic made under\nsection 48 on 18 March 2020 and published in Gazette No. S10 of\n18 March 2020, as extended from time to time, being revoked or\n\nPublic and Environmental Health Act 2011 32\nceasing to have effect.\n(2) This Division ceases to have effect if the Minister makes a further\ndeclaration under section 48 in relation to the COVID-19 pandemic.\n(3) Nothing in this Division affects anything in, or anything done under,\nDivision 2.\n(4) In the event of an inconsistency between a provision of or under\nthis Division and another provision this Act (other than Division 2),\nthe provision of or under this Division prevails to the extent of the\ninconsistency.\n(5) In the event of an inconsistency between a provision of or under\nthis Division and the Notifiable Diseases Act 1981, the provision of\nor under that Act prevails to the extent of the inconsistency.\n","sortOrder":61},{"sectionNumber":"57B","sectionType":"section","heading":"CHO's powers","content":"57B CHO's powers\n(1) While this Division is in effect, the CHO may take the same actions\n(including giving oral or written directions) that may be taken under\nsection 52 as if the declaration mentioned in section 57A(1) was still\nin force.\n(2) Without limiting subsection (1) or section 52, directions the CHO\nmay give include directions:\n(a) requiring a person be tested for COVID-19; or\n(b) requiring a person who tests positive or who declines to be\ntested to isolate for a specified period as directed; or\n(c) requiring a person who is at risk of COVID-19 infection to\nquarantine at a suitable location or in a suitable facility; or\n(d) regulating the conduct of a person:\n(i) while required to isolate or quarantine; or\n(ii) after the person leaves isolation or quarantine; or\n(e) in relation to a particular event or premises, if there is reason\nto believe there is a risk of transmission of COVID-19 at that\nevent or on those premises; or\n(f) requiring a person to register their presence at a place or\npremises, including by use of technology; or\n\nPublic and Environmental Health Act 2011 33\n(g) imposing restrictions or conditions on activities of a person\nbased on:\n(i) whether the person is vaccinated against COVID-19; or\n(ii) how many COVID-19 vaccine doses the person has\nreceived; or\n(h) as to physical health measures, including the following:\n(i) requirements to wear masks;\n(ii) physical distancing in public from persons unknown or\nwho are not a member of a person's household;\n(iii) placing limitations on movements or activities of people,\nincluding any of the following:\n(A) requiring a person to remain at their residential\npremises;\n(B) restricting the number of visitors a person may host\nat a place or premises;\n(C) restricting the number of persons who may attend\nan event;\n(D) restricting the movement of people within a\ncommunity or between communities, including\nprohibiting people from entering or leaving an area\nor community; or\n(i) of any other kind that in the opinion of the CHO is necessary,\nappropriate or desirable to reduce harm from COVID-19.\n(3) A direction under this section must not prevent:\n(a) a resident of the Territory from entering the Territory; or\n(b) a person from leaving the Territory.\n","sortOrder":62},{"sectionNumber":"57C","sectionType":"section","heading":"Conditions and consultation requirements for exercise of","content":"57C Conditions and consultation requirements for exercise of\npowers under section 57B\n(1) The CHO must not give a direction of a type mentioned in\nsection 57B(2)(f) to (i) unless the CHO, before giving the direction:\n(a) takes into account social considerations and economic\nconsiderations, in addition to public health considerations; and\n\nPublic and Environmental Health Act 2011 34\n(b) consults with the following:\n(i) the Chief Minister;\n(ii) the Minister;\n(iii) the Treasurer;\n(iv) the Minister administering the Police Administration\nAct 1978;\n(v) any other Minister nominated by the Chief Minister in\nrelation to the proposed direction.\n(2) Consultation under subsection (1)(b) is not required to be in writing.\n(3) A written direction to which a consultation requirement under\nsubsection (1) applies must state the ministers who were consulted.\n","sortOrder":63},{"sectionNumber":"57D","sectionType":"section","heading":"Publication requirements","content":"57D Publication requirements\n(1) The CHO must publish any written direction given under\nsection 57B(2)(b), (c) or (f) to (i).\n(2) Subsection (1) does not apply to a direction given directly to, or\nwhich names, a person or vessel.\n","sortOrder":64},{"sectionNumber":"57E","sectionType":"section","heading":"CHO's power to charge fees","content":"57E CHO's power to charge fees\n(1) The CHO may charge a fee, of an amount decided by the CHO but\nno greater than the amount prescribed by regulation, to a person or\nclass of persons for any action taken under section 57B(1) that\nrequires the person or class to enter quarantine and remain\nquarantined at a place.\n(2) A person or class of persons must pay any fee determined under\nsubsection (1) that is charged to the person or class.\n(3) The fee is recoverable as a debt due to the Territory from the\nperson or class of persons so charged.\n","sortOrder":65},{"sectionNumber":"57F","sectionType":"section","heading":"Determination regarding fee money","content":"57F Determination regarding fee money\n(1) The Minister may, in writing, determine that a fee or class of fees\ncharged by the CHO under section 57E is Commonwealth money.\n(2) Despite section 57E(3), a fee determined to be Commonwealth\nmoney under subsection (1) is a debt due to the Commonwealth.\n\nPublic and Environmental Health Act 2011 35\n","sortOrder":66},{"sectionNumber":"57G","sectionType":"section","heading":"Appointment and powers of authorised officers under this","content":"57G Appointment and powers of authorised officers under this\nDivision\n(1) The CHO may:\n(a) appoint authorised officers for the purpose of assisting the\nCHO in exercising the CHO's powers under this Division; and\n(b) direct an authorised officer mentioned in paragraph (a) or\nanother authorised officer to assist the CHO in exercising the\nCHO's powers under this Division.\n(2) An authorised officer assisting the CHO may use the force that is\nnecessary and reasonable to do any of the following:\n(a) enter a place to:\n(i) save human life; or\n(ii) prevent injury to a person; or\n(iii) rescue an injured or endangered person;\n(b) prevent entry into or close off an area or place;\n(c) remove a person from an area or place;\n(d) search for and seize a thing;\n(e) search for, examine, copy, remove, and retain documents\nrelating to this Division for so long as is reasonably necessary\nto take notes or extracts from, or take photographs or make\ncopies of, the documents.\n(3) An authorised officer taking action to assist the CHO:\n(a) may take the action at any time of the day; and\n(b) is not required to give notice to any person of the officer's\nintention to take the action; and\n(c) is not required to obtain consent to take the action from any\nperson concerned or the owner or occupier of any area or\nplace concerned; and\n(d) is not required to hold a warrant or another form of\nauthorisation required under a law in force in the Territory to:\n(i) enter and remain at any place (including Aboriginal land)\nconcerned; or\n\nPublic and Environmental Health Act 2011 36\n(ii) search any person or place concerned.\n","sortOrder":67},{"sectionNumber":"57H","sectionType":"section","heading":"Record of action taken under this Division","content":"57H Record of action taken under this Division\n(1) The CHO must keep and maintain a signed written record of all the\naction the CHO takes under this Division, including the directions\ngiven, under section 57B.\n(2) In any proceeding in a court or before a person or tribunal\nexercising or performing powers or functions in a judicial manner, a\nrecord made under subsection (1) is evidence of the matters\nmentioned in the record and of the facts on which those matters are\nbased.\n","sortOrder":68},{"sectionNumber":"57J","sectionType":"section","heading":"Report","content":"57J Report\n(1) After this Division ceases to have effect, the CHO must make a\nreport to the Minister summarising the following:\n(a) the action the CHO has taken under this Division, including\nany the directions given by the CHO;\n(b) the outcomes of the action taken under this Division.\n(2) The CHO must give the report to the Minister within 3 months after\nthe date this Division ceases to have effect.\n(3) The Minister must table a copy of the report in the Legislative\n","sortOrder":69},{"sectionNumber":"57K","sectionType":"section","heading":"Contravention of direction","content":"57K Contravention of direction\n(a) the CHO takes an action under section 57B that involves\ngiving a direction, whether oral or written and whether\nspecified in section 57B(2) or otherwise; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the direction and the\nperson is reckless in relation to that result.\n(2) Strict liability applies to subsection (1)(a).\nsubsection (1) if the defendant has a reasonable excuse.\n\n","sortOrder":70},{"sectionNumber":"Div 3","sectionType":"division","heading":"Powers relating to things that threaten public health","content":"Division 3 Powers relating to things that threaten public health\nPublic and Environmental Health Act 2011 37\n","sortOrder":71},{"sectionNumber":"57L","sectionType":"section","heading":"Limitation on stay of operation of powers","content":"57L Limitation on stay of operation of powers\nIn any proceedings, including judicial review, a court, person or\ntribunal exercising or performing powers or functions in a judicial\nmanner is not authorised to make an interlocutory order that has\nthe effect of staying the operation of an action taken by the CHO\nunder this Division.\nDivision 3 Powers relating to things that threaten public\nhealth\n","sortOrder":72},{"sectionNumber":"58","sectionType":"section","heading":"Dealings with certain things","content":"58 Dealings with certain things\n(1) The CHO may, by written notice to a person, give any of the\nfollowing directions about a thing that is or is likely to be a public\nhealth risk:\n(a) direct the person not to manufacture, sell, use or transport the\nthing;\n(b) direct the person to deal with the thing in accordance with a\nguideline, standard or another stated document.\n(2) A person commits an offence if the person:\ncontravention of the direction\n","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Removal and destruction of things","content":"59 Removal and destruction of things\n(1) The CHO may, by written notice, direct a person to remove or\ndestroy a thing if the CHO is satisfied the thing may cause a threat\nto the health of an individual or community.\n(2) The direction is subject to the conditions the CHO considers\nappropriate, including conditions requiring compliance with stated\nguidelines, standards or other written material.\n\nPublic and Environmental Health Act 2011 38\n(3) A person commits an offence if the person:\ncontravention of the direction.\n(4) If the person does not comply with the direction:\n(a) the CHO may remove or destroy the thing in accordance with\nthe direction; and\n(b) the costs incurred by the CHO in doing so are recoverable as\na debt due to the Territory by the person.\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Action taken if direction, public health notice or order","content":"60 Action taken if direction, public health notice or order\ncontravened\n(1) The CHO may take the action stated in subsection (2) the CHO\nconsiders necessary and appropriate, or direct another authorised\nofficer to take the action, if:\n(a) a person given a direction by the CHO under Division 2 or 3\ncontravenes the direction; or\n(b) a person issued with a public health notice contravenes the\nnotice; or\n(c) a person issued with a public health order contravenes the\norder.\n(2) The CHO may take any of the following actions:\n(a) execute the direction given to the person mentioned in\nsubsection (1)(a);\n(b) rectify the contravention mentioned in subsection (1)(b) or (c).\n\nPublic and Environmental Health Act 2011 39\n(3) The cost incurred by the CHO or another authorised officer in taking\naction under subsection (2) is a debt due to the Territory by the\nperson who failed to take the action.\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Action if public health nuisance exists","content":"61 Action if public health nuisance exists\nIf an authorised officer who decides a public health nuisance exists\nis not, after making reasonable inquiry, able to locate an\nappropriate person to issue a public health notice for the nuisance,\nthe CHO must:\n(a) take the action the CHO considers necessary to abate the\npublic health nuisance or implement adequate measures to\nprevent or remove the source of the nuisance; or\n(b) direct another authorised officer to take the action.\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"CHO may authorise entry and work","content":"62 CHO may authorise entry and work\nFor taking action under this Division, the CHO may authorise a\nperson to:\n(a) enter a place (with or without employees, vehicles, plant,\nequipment or materials):\n(i) that is the subject of the direction, order or notice; or\n(iii) to which the nuisance relates; and\n(b) carry out the necessary work.\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"CHO may obtain health information","content":"63 CHO may obtain health information\n(1) The CHO may, by written notice, direct a person to give the health\ninformation prescribed by regulation to the CHO or another\nauthorised officer.\n(2) Without limiting subsection (1), the CHO may direct a health\npractitioner or other health services provider to give information.\n(3) A person commits an offence if the person:\n\nPublic and Environmental Health Act 2011 40\ncontravention of the direction.\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Use of health information","content":"64 Use of health information\nThe CHO may use the health information obtained for monitoring,\nprotecting, maintaining or promoting public health.\nNote for section 64\nSection 112 deals with the disclosure to other persons of information obtained in\nthe course of administering this Act.\nExamples for section 64\n1 Population health monitoring.\n2 Analysis and reporting of factors impacting on public health, including:\n(a) lifestyle; and\n(b) chronic, acute or emerging health conditions.\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Register of health information","content":"65 Register of health information\n(1) The CHO must keep a register of the health information (the health\ninformation register) obtained.\nNote for subsection (1)\nThe health information register is not available for inspection by the public under\nsection 127 because it is not an Administering Agency register.\n(2) The register may be in any form, including electronic form.\n\nPublic and Environmental Health Act 2011 41\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Establishment of office","content":"66 Establishment of office\nThere is to be a Chief Health Officer.\nNote for section 66\nGenerally in this Act, the acronym CHO is used to refer to the Chief Health\nOfficer.\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Appointment of CHO","content":"67 Appointment of CHO\n(1) The Minister must, by Gazette notice, appoint a person to be the\nCHO.\n(2) The Minister must not appoint a person to be the CHO unless the\nperson is:\n(a) a Chief Executive Officer, or employee, as defined in the\nPublic Sector Employment and Management Act 1993; and\n(b) registered, or entitled to be registered, as a medical\npractitioner.\n","sortOrder":82},{"sectionNumber":"68","sectionType":"section","heading":"Powers and functions","content":"68 Powers and functions\n(1) The CHO has the following functions:\n(a) to ensure this Act is complied with;\n(b) to develop and implement strategies to promote and protect\npublic health;\n(c) to advise the Minister on any changes that may be necessary\nor appropriate to this Act;\n(d) the functions decided in writing by the Minister for this Act;\n(e) any other functions imposed on the CHO under this or another\nAct.\n(2) The CHO has:\n(a) the powers and functions conferred on the CHO under this or\nanother Act; and\n\nPublic and Environmental Health Act 2011 42\n(b) the power to do all things necessary or convenient to be done\nfor, or incidental to, the exercise of the CHO's powers and the\nperformance of the CHO's functions.\n(3) In exercising powers and performing functions under this Act, the\nCHO is subject to the directions of the Minister.\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Delegation","content":"69 Delegation\nThe CHO may, in writing, delegate to a person any of the CHO's\npowers or functions under this or another Act.\n","sortOrder":84},{"sectionNumber":"70","sectionType":"section","heading":"Appointment of enforcement agency","content":"70 Appointment of enforcement agency\n(1) The CHO may, by Gazette notice, appoint a person to be an\nenforcement agency for this Act.\n(2) The appointment of the agency is subject to the conditions the CHO\nconsiders appropriate and states in the notice.\n(3) The notice must describe the role the agency is expected to have in\nadministering this Act.\n","sortOrder":85},{"sectionNumber":"71","sectionType":"section","heading":"Delegation to agency","content":"71 Delegation to agency\n(1) The CHO may delegate to the enforcement agency the powers and\nfunctions the CHO considers appropriate for the agency to perform\nits role in administering this Act.\n(2) The CHO must not delegate a power or function to the agency\nunless the agency agrees to the delegation.\n","sortOrder":86},{"sectionNumber":"72","sectionType":"section","heading":"Powers and functions","content":"72 Powers and functions\n(1) An enforcement agency has the powers and functions delegated to\nthe agency by the CHO.\n(2) If the agency is a body corporate, the agency may exercise its\npowers and perform its functions by:\n(a) authorised officers appointed by it under section 74; or\n(b) other persons employed or engaged by it.\n(3) The agency must not delegate any of its powers or functions.\n\nPublic and Environmental Health Act 2011 43\n","sortOrder":87},{"sectionNumber":"73","sectionType":"section","heading":"Fees and charges","content":"73 Fees and charges\n(1) An enforcement agency may demand and recover a fee or charge\nfor any service, product, commodity or item or class of services,\nproducts, commodities or items the agency performs or supplies in\nexercising a power or performing a function delegated to the\nagency by the CHO.\n(2) A regulation may prescribe:\n(a) the amount of the fee or charge; or\n(b) the method to calculate the amount of the fee or charge.\n","sortOrder":88},{"sectionNumber":"74","sectionType":"section","heading":"Appointment of authorised officers","content":"74 Appointment of authorised officers\n(1) An enforcement agency that is a body corporate must appoint the\nnumber of authorised officers it considers necessary for the proper\nexercise of its powers and performance of its functions.\n(2) The agency must keep a list of authorised officers it appoints.\n(3) Immediately after appointing an authorised officer, the agency must\ngive written notice of the appointment to the CHO.\n","sortOrder":89},{"sectionNumber":"75","sectionType":"section","heading":"Failure by enforcement agency to act","content":"75 Failure by enforcement agency to act\n(1) This section applies if:\n(a) an enforcement agency fails to exercise a power or perform a\nfunction delegated to the agency; and\n(b) the CHO is satisfied the failure is likely to be a public health\nrisk.\n(2) The CHO may exercise the power or perform the function.\n(3) The cost incurred by the CHO in exercising the power or performing\nthe function is a debt due to the Territory by the agency.\n","sortOrder":90},{"sectionNumber":"76","sectionType":"section","heading":"Who is authorised officer","content":"76 Who is authorised officer\n(1) Each of the following persons is an authorised officer:\n(a) the CHO;\n(b) a person appointed under subsection (2);\n(c) if an enforcement agency is an individual – the agency;\n\nPublic and Environmental Health Act 2011 44\n(d) if an enforcement agency is a body corporate – the chief\nexecutive officer of the agency;\n(e) a person appointed under section 74;\n(f) a police officer exercising or purporting to exercise the\npowers, or performing or purporting to perform the functions,\nof an authorised officer under this Act.\n(2) The CHO may appoint a person to be an authorised officer.\n","sortOrder":91},{"sectionNumber":"77","sectionType":"section","heading":"Qualifications for appointment","content":"77 Qualifications for appointment\nThe CHO or an enforcement agency must not appoint a person to\nbe an authorised officer unless the person holds the qualifications,\nknowledge, skills or experience approved by the CHO.\n","sortOrder":92},{"sectionNumber":"78","sectionType":"section","heading":"Identity card","content":"78 Identity card\n(1) In exercising a power or performing a function under this Act, an\nauthorised officer (other than a police officer who is in uniform)\nmust carry an identity card that:\n(a) states:\n(i) the officer's name and that the person is an authorised\nofficer; and\n(ii) the card's date of expiry; and\n(b) shows a recent photograph of the officer.\n(2) The CHO is responsible for:\n(a) ensuring the CHO has an identity card; and\n(b) issuing an identity card to each authorised officer appointed by\nthe CHO.\n(3) An enforcement agency is responsible for:\n(a) if the agency is an individual – ensuring the individual has an\nidentity card; and\n(b) if the agency is a body corporate – issuing an identity card to\neach authorised officer appointed by it.\n\nPublic and Environmental Health Act 2011 45\n(4) A person who ceases to be an authorised officer must return the\nidentity card to the issuing authority within 2 weeks after the\ncessation.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(7) If an authorised officer (other than a police officer who is in uniform)\npurports to exercise a power under this Act without producing the\nofficer's identity card when requested to do so, until the card is\nproduced:\n(a) the officer is not authorised to exercise the power; and\n(b) a person is not required to comply with a requirement made by\nthe officer.\n(8) In this section:\nissuing authority, for an identity card, means the person who\nissued the card.\n","sortOrder":93},{"sectionNumber":"79","sectionType":"section","heading":"Functions and powers","content":"79 Functions and powers\n(1) An authorised officer has the following functions:\n(a) to ensure this Act is being complied with;\n(b) the other functions imposed on the officer by this or another\nAct.\n(2) An authorised officer appointed under section 74 may only exercise\na power or perform a function if it is necessary for the proper\nexercise of a power, or proper performance of a function, delegated\nto the enforcement agency who appointed the officer.\n(3) The CHO may impose conditions and limitations on the exercise of\npowers, or the performance of functions, by an authorised officer or\na class of authorised officers.\n(4) When exercising a power or performing a function, an authorised\nofficer is:\n(a) if appointed under section 76(2) – subject to the CHO's\ndirections; or\n\nPublic and Environmental Health Act 2011 46\n(b) if appointed under section 74 – subject to the directions of the\nenforcement agency; or\n(c) if a police officer – subject to the directions of the\nCommissioner of Police.\n(5) However, if an emergency declaration is in force, authorised\nofficers mentioned in subsection (4)(b) are subject to the CHO's\ndirections.\n","sortOrder":94},{"sectionNumber":"80","sectionType":"section","heading":"Entry, inspection and seizure","content":"80 Entry, inspection and seizure\n(1) This section applies subject to sections 78(7) and 81(7).\n(2) For the performance of an authorised officer's functions under this\nAct, an authorised officer may enter a place:\n(a) other than residential premises at any reasonable time; or\n(b) with the consent of the owner or occupier; or\n(c) under the authority of a warrant.\n(3) An authorised officer who enters a place under subsection (2) may\ndo any of the following:\n(a) inspect the place or anything found at the place;\n(b) open any container, receptacle or package found at the place;\n(c) require a person who is at the place to state the person's\nname and address;\n(d) examine, mark, fasten, secure or take and remove samples of\nanything found at the place;\n(e) weigh, count, measure or gauge anything found at the place;\n(f) require production of any registration or exemption that relates\nto the owner or occupier of the place;\n(g) require a person at the place to answer questions, produce a\ndocument or thing kept there under the person's control or\ngive any other assistance the officer requires to carry out the\ninspection;\n(h) examine, copy or take extracts from a document produced or\nrequire a person to provide a copy of the document;\n\nPublic and Environmental Health Act 2011 47\n(i) take photographs, films or audio, video or other recordings;\n(j) make any sketches or drawings or any other recording in\nanother way;\n(k) seize and remove anything found at the place;\n(l) seal or close off the place;\n(m) exercise another power prescribed by regulation.\n(4) The officer may not do anything authorised by this section unless\nthe officer reasonably believes doing so may disclose evidence of,\nor otherwise relates to, an offence against this Act or is otherwise\nnecessary for this Act.\n(5) The officer may exercise powers under subsection (2) or (3):\n(a) with the force that is necessary and reasonable; and\n(b) either alone or with the number of persons to assist the officer\nthat is necessary and reasonable.\n(6) To enter a vehicle under subsection (2), the officer may require a\nperson:\n(a) to stop, move or not move the vehicle; or\n(b) to bring the vehicle to a stated place and remain in control of\nthe vehicle until the officer permits the person to leave.\n","sortOrder":95},{"sectionNumber":"81","sectionType":"section","heading":"Warrants","content":"81 Warrants\n(1) An authorised officer may apply to a justice of the peace for a\nwarrant to enter a place if:\n(a) entry under section 80(2)(a) would cause an unreasonable\ndelay; and\n(b) consent under section 80(2)(b) has been refused or cannot be\nobtained within a reasonable time.\n(2) The application may be made:\n(a) in person; or\n(b) if that is not practical – by telephone, fax or other electronic\nmethod.\n\nPublic and Environmental Health Act 2011 48\n(3) The justice of the peace may issue a warrant to the officer if\nsatisfied by evidence on oath there are reasonable grounds for\nentering the place.\n(4) The warrant authorises the officer:\n(a) to enter and remain at the place; and\n(b) to exercise the powers stated in section 80 for the purpose\nstated in the warrant.\n(5) The warrant may be executed by the authorised officer to whom it is\nissued or another authorised officer.\n(6) The authorised officer executing a warrant must, when asked by a\nperson at the place, display the warrant to the person.\n(7) If the officer does not display the warrant when asked, the officer is\nnot authorised to remain at the place.\n","sortOrder":96},{"sectionNumber":"82","sectionType":"section","heading":"Obtaining warrant by telephone or other electronic method","content":"82 Obtaining warrant by telephone or other electronic method\n(1) This section applies if a justice of the peace issues a warrant on an\napplication under section 81(2)(b).\n(2) The justice of the peace must:\n(a) complete and sign the warrant; and\n(b) inform the authorised officer of its terms; and\n(c) record on the warrant the reasons for issuing it.\n(3) The authorised officer must:\n(a) complete in duplicate a form of warrant in the terms given\nunder subsection (2)(b); and\n(b) write on both copies the name of the justice of the peace and\nthe date and time the warrant was issued; and\n(c) send one of the copies to the justice of the peace.\n(4) On receiving the copy, the justice of the peace must:\n(a) compare it with the warrant the justice of the peace signed;\nand\n(b) if satisfied they are in substance identical, note this fact on the\nwarrant and send the warrant and copy to the CHO.\n\nPublic and Environmental Health Act 2011 49\n(5) If the form of the warrant prepared under subsection (3)(a) is in\nsubstance identical to the warrant signed by the justice of the peace\nunder subsection (2)(a), it has the same authority as a warrant\nissued under section 81(3).\n","sortOrder":97},{"sectionNumber":"83","sectionType":"section","heading":"Entering Aboriginal land","content":"83 Entering Aboriginal land\n(1) An authorised officer may enter Aboriginal land within the meaning\nof the Aboriginal Land Act 1978 if it is necessary or convenient for\nexercising powers under section 80 of this Act.\n(2) The officer may stay on the land for as long as reasonably\nnecessary for exercising the powers.\n(3) The officer may do so even though the officer does not hold a\npermit under that Act to do so.\n","sortOrder":98},{"sectionNumber":"84","sectionType":"section","heading":"Requirement to provide information","content":"84 Requirement to provide information\nFor performing an authorised officer's functions under this Act, the\nofficer may stop a person and require the person to do any of the\nfollowing:\n(a) give the person's full name and residential or business\naddress;\n(b) give details of any authorisation to do an activity or exemption\nunder this Act;\n(c) provide information about the person's or another person's\nactivities in relation to any matter under this Act;\n(d) provide any other information relating to public health\nreasonably required for this Act.\n","sortOrder":99},{"sectionNumber":"85","sectionType":"section","heading":"Requirement to produce documents or things","content":"85 Requirement to produce documents or things\n(1) An authorised officer may require a person to produce:\n(a) an authority to do an activity the person holds or ought to hold;\nor\n(b) a record or other document required to be kept under this Act;\nor\n(c) a thing in the person's possession.\n(2) The officer may:\n(a) examine the authority, record, other document or thing; or\n\nPublic and Environmental Health Act 2011 50\n(b) take extracts or notes from or take photographs or make\ncopies of the authority, record, document or thing; or\n(c) seize and remove the record, document or thing.\n(3) The officer may not do an act authorised by this section unless the\nofficer reasonably believes doing so may disclose evidence of or\notherwise relates to an offence against this Act or is otherwise\nnecessary for this Act.\n","sortOrder":100},{"sectionNumber":"86","sectionType":"section","heading":"Failing to comply with requirement of authorised officer","content":"86 Failing to comply with requirement of authorised officer\n(a) an authorised officer while acting in an official capacity\nrequires the person to do something; and\nof the requirement.\n(a) knows the requirement is made by the authorised officer\nacting in an official capacity; and\n(b) intentionally engages in conduct that results in a contravention\nof the requirement; and\ncontravention of the requirement.\n","sortOrder":101},{"sectionNumber":"87","sectionType":"section","heading":"Obstructing and threatening authorised officer","content":"87 Obstructing and threatening authorised officer\n(1) A person must not obstruct or threaten an authorised officer acting\nin an official capacity.\n(a) knows the authorised officer is acting in an official capacity;\nand\n\nPublic and Environmental Health Act 2011 51\n(b) intentionally obstructs or threatens the authorised officer.\n(3) In this section:\nobstruct includes hinder and resist.\n","sortOrder":102},{"sectionNumber":"88","sectionType":"section","heading":"False representation","content":"88 False representation\nA person must not falsely represent, by words or conduct, that the\nperson, or another person, is an authorised officer.\nFault element: The person intentionally represents the\nperson or other person is an authorised\nofficer with an intention to deceive.\nMaximum penalty: 200 penalty units or imprisonment for\n","sortOrder":103},{"sectionNumber":"89","sectionType":"section","heading":"Detention of thing seized","content":"89 Detention of thing seized\n(1) This section applies if, under section 80 or 85, an authorised officer\nseizes an authority, record, document or thing (the seized thing).\n(2) The authorised officer or another authorised officer may, until the\nstart of proceedings for an offence against this Act in relation to the\nseized thing and (if necessary) during the proceedings:\n(a) keep the thing at the place where it was found; or\n(b) remove the thing to another place and keep it there in the\nofficer's possession or under the officer's control.\n(3) If the thing is kept under subsection (2)(a), the officer:\n(a) must ensure the thing is identified in a way that indicates it has\nbeen seized under this Act; and\n(b) may physically segregate the thing.\nExamples for subsection (3)\n1 The seized thing could be placed in an appropriately labelled container.\n\nPublic and Environmental Health Act 2011 52\n2 A barrier with appropriate signs could be placed around the seized thing.\n","sortOrder":104},{"sectionNumber":"90","sectionType":"section","heading":"Notification of seizure of thing","content":"90 Notification of seizure of thing\n(1) The authorised officer who seizes the seized thing must, as soon as\npracticable after seizing it, give the person from whom it is seized\nwritten notice of the seizure.\n(2) The notification must include the following details:\n(a) a description of the thing;\n(b) the reason for seizing the thing;\n(c) details of the right to apply to the Local Court for the return of\nthe thing under section 92;\n(d) if the thing has been removed from the place where it was\nseized – the address of the place where the thing is held;\n(e) if applicable – the name of the enforcement agency under\nwhose authority the authorised officer is acting.\n","sortOrder":105},{"sectionNumber":"91","sectionType":"section","heading":"Return of thing seized","content":"91 Return of thing seized\nIf, before the seized thing is forfeited to the Territory under\nsection 97, the CHO becomes satisfied no offence relating to the\nthing has been committed against this Act, the CHO must, as soon\nas practicable, deliver the thing to the person who appears to the\nCHO to be entitled to it.\n","sortOrder":106},{"sectionNumber":"92","sectionType":"section","heading":"Application for order disallowing seizure","content":"92 Application for order disallowing seizure\nA person may apply to the Local Court for an order disallowing the\nseizure of a seized thing within 72 hours after the thing is seized.\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"CHO entitled to answer application","content":"93 CHO entitled to answer application\nThe CHO:\n(a) is a party to the application; and\n(b) must be served with a copy of the application in accordance\nwith the Local Court's rules of court; and\n(c) is entitled to appear as respondent at the hearing of the\napplication.\n\nPublic and Environmental Health Act 2011 53\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Order disallowing seizure of seized thing","content":"94 Order disallowing seizure of seized thing\n(1) On hearing the application, the Local Court must make an order\ndisallowing the seizure of the seized thing if it is satisfied:\n(a) it is:\n(i) proved the applicant would be entitled to the thing if it\nhad not been seized; and\n(ii) not proved an offence relating to the thing has been\ncommitted against this Act; or\n(b) there are exceptional circumstances justifying the making of\nthe order.\n(2) Otherwise, the Court must dismiss the application.\n","sortOrder":109},{"sectionNumber":"95","sectionType":"section","heading":"Ancillary orders","content":"95 Ancillary orders\n(1) If the Local Court makes an order disallowing the seizure of the\nseized thing, the Court must also make one or both of the following\norders:\n(a) an order directing the respondent to deliver the thing\nconcerned to the applicant;\n(b) if the thing cannot for any reason be delivered or has, as a\nconsequence of being seized, depreciated in value – an order\ndirecting the respondent to pay to the applicant the amount of\ncompensation the Court considers just and reasonable.\n(2) The Court may make the orders as to costs as it considers just.\n","sortOrder":110},{"sectionNumber":"96","sectionType":"section","heading":"Adjournment pending hearing of other proceedings","content":"96 Adjournment pending hearing of other proceedings\n(1) The Local Court may adjourn the hearing of the application if,\nduring the hearing of the application, it appears to the Court the\nseized thing is required to be produced in evidence in proceedings\n(which may be pending proceedings) in connection with an offence\nagainst this Act or another law of the Territory.\n(2) The adjournment may be:\n(a) made on the application of the respondent or on the Court's\ninitiative; and\n(b) until the conclusion of the proceedings in connection with the\n\nPublic and Environmental Health Act 2011 54\n","sortOrder":111},{"sectionNumber":"97","sectionType":"section","heading":"Forfeiture of seized thing","content":"97 Forfeiture of seized thing\nA seized thing is forfeited to the Territory:\n(a) if it is not returned under section 91 and no application for an\norder disallowing its seizure is made under section 92 – on the\nexpiry of the period within which an application may be made\nunder section 92; or\n(b) if an application for an order disallowing its seizure under\nsection 92 is withdrawn or dismissed – on the date of the\nwithdrawal or dismissal.\n","sortOrder":112},{"sectionNumber":"98","sectionType":"section","heading":"Destruction or disposal of forfeited thing","content":"98 Destruction or disposal of forfeited thing\n(1) An authorised officer may, with the written CHO's approval, destroy,\nsell or otherwise dispose of a thing forfeited to the Territory under\nsection 97 (the forfeited thing).\n(2) A person who was, immediately before the thing was forfeited to the\nTerritory, the owner of the thing is liable for the costs incurred for its\ndestruction or disposal (including any storage costs).\n(3) The costs are recoverable as a debt due to the Territory by the\nowner.\n(4) In proceedings for the recovery of the debt, a certificate signed by\nthe CHO stating the amount of the costs and the way in which they\nwere incurred is evidence of the matters certified.\n","sortOrder":113},{"sectionNumber":"99","sectionType":"section","heading":"Return of forfeited thing","content":"99 Return of forfeited thing\n(1) This section applies if:\n(a) the CHO becomes satisfied no offence relating to the forfeited\nthing has been committed against this Act; and\n(b) the thing has not been destroyed or disposed of in a way that\nwould prevent its return.\n(2) The CHO must, as soon as practicable, deliver the thing to:\n(a) the person from whom it was seized; or\n(b) if the CHO is satisfied another person is entitled to it – the\nother person.\n\nPublic and Environmental Health Act 2011 55\n(3) On the delivery of the thing to the person, any proprietary and other\ninterests in the thing that existed immediately before its forfeiture\nare restored.\n","sortOrder":114},{"sectionNumber":"100","sectionType":"section","heading":"Compensation to be paid in certain circumstances","content":"100 Compensation to be paid in certain circumstances\n(1) A person may apply to the CHO for compensation for the forfeited\nthing.\n(2) The Territory is liable to pay just compensation to the applicant in\nrelation to the thing if:\n(a) no offence relating to the thing has been committed against\nthis Act; and\n(b) the thing:\n(i) cannot be returned; or\n(ii) has, as a consequence of being seized, depreciated in\nvalue; and\n(c) the CHO is satisfied the applicant would be entitled to the\nthing if it had not been forfeited.\n(3) The CHO must:\n(a) decide the amount of compensation to be paid; and\n(b) give written notice to the applicant of:\n(i) the decision; and\n(ii) the applicant's right to apply to the Local Court for review\nunder subsection (4).\n(4) The applicant may, if dissatisfied with the CHO's decision, apply to\nthe Local Court to review the merits of the decision.\n(5) The application for review must be made within 72 hours after\nnotice of the CHO's decision was received by the applicant.\n(6) In determining the review, the Court must, by written notice to the\napplicant:\n(a) confirm the decision reviewed; or\n(b) vary the decision reviewed; or\n(c) revoke the decision reviewed; or\n\nPublic and Environmental Health Act 2011 56\n(d) substitute a decision for that decision.\n(7) The Court must state the reasons for its determination in the notice.\n","sortOrder":115},{"sectionNumber":"101","sectionType":"section","heading":"Guidelines","content":"101 Guidelines\n(1) The CHO may make guidelines relating to any matter under this Act\nexcept declared activities.\n(2) The CHO must consult with the Minister in the preparation of the\nguidelines.\n(3) The guidelines may apply, adopt or incorporate (with or without\nchanges) a matter contained in another document or instrument as\nin force or existing at a particular time or from time to time.\n(4) The CHO must, by Gazette notice, give notice of making the\nguidelines.\n(5) The notice must:\n(a) describe the subject matter of the guidelines; and\n(b) state the date on which the guidelines take effect (which may\nnot be earlier than the date of the notice); and\n(c) state the place where and the times when a person may\ninspect or purchase a copy of the guidelines.\n","sortOrder":116},{"sectionNumber":"102","sectionType":"section","heading":"Standards","content":"102 Standards\n(1) The Minister may, by Gazette notice, declare a document applies,\nwhether as in force or existing at a particular time or from time to\ntime, as a standard in the Territory or a stated part of the Territory\nrelating to a declared activity or another matter under this Act.\n(2) However, the Minister may only make the declaration after the\nMinister has consulted with and considered the recommendations,\nand reasons for the recommendations, of the CHO as to whether\nthe document should apply in the Territory as a standard.\n(3) The standard may apply, adopt or incorporate (with or without\nchanges) a matter contained in another document or instrument as\nin force or existing at a particular time or from time to time.\n(4) The declaration of the standard must:\n(a) describe the subject matter of the standard; and\n\nPublic and Environmental Health Act 2011 57\n(b) state the date (not earlier than the date of the notice) on which\nthe standard applies in the Territory or a part of the Territory;\nand\n(c) state the place where, and the times when, a person may\ninspect or purchase a copy of the standard.\n(5) A person commits an offence if the person engages in conduct that\nresults in a contravention of a standard.\ncontravention of the standard.\n","sortOrder":117},{"sectionNumber":"103","sectionType":"section","heading":"Inspection and purchase of copies of guidelines, standards","content":"103 Inspection and purchase of copies of guidelines, standards\nand related documents\nThe CHO:\n(a) must make available copies of guidelines for inspection or\npurchase by members of the public at the place stated for the\npurpose under section 101(5)(c); and\n(b) must make available copies of standards for inspection or\npurchase by members of the public at the place stated for the\npurpose under section 102(4)(c); and\n(c) must make available for inspection by members of the public\nat the same place copies of all documents applied, adopted or\nincorporated in the guidelines and standards; and\n(d) may charge and receive from a person a reasonable fee for\nthe purchase of a copy of a guideline or standard.\n","sortOrder":118},{"sectionNumber":"104","sectionType":"section","heading":"Reviewable decisions and affected persons","content":"104 Reviewable decisions and affected persons\n(1) A reviewable decision is a decision stated in Schedule 1.\n(2) An affected person, for a reviewable decision, is a person stated in\n","sortOrder":119},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"opposite the decision.","content":"Schedule 1 opposite the decision.\n\nPublic and Environmental Health Act 2011 58\n","sortOrder":120},{"sectionNumber":"105","sectionType":"section","heading":"Review by CHO","content":"105 Review by CHO\n(1) An affected person for a reviewable decision may request the CHO\nto review the merits of the decision.\n(2) The person must request the review:\n(a) if the decision concerns a matter under Part 2 or 3 – within\n72 hours after:\n(i) the person receives notice of the decision; or\naware of the decision; or\n(b) for another decision – within 7 days after:\n(i) the person receives notice of the decision; or\naware of the decision.\n(3) The request must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n(4) The CHO must:\n(a) conduct the review in a way that is fair and expeditious; and\n(b) give proper consideration to the issues.\n(5) After reviewing the merits of the decision, the CHO must:\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) revoke the decision; or\n(d) substitute another decision for the decision.\n(6) The CHO must, as soon as practicable after making a decision on\nthe review, give the affected person written notice of the decision.\n\nPublic and Environmental Health Act 2011 59\n(7) The notice must include:\n(a) the reasons for the decision; and\n(b) the procedures for appeal under this Part.\n(8) The validity of a decision under this section is not affected by a\ncontravention of subsection (6) or (7).\n(9) A decision under subsection (5)(b) or (d) is for this Act (other than\nthis Part) taken to be the decision of the person who made the\nreviewable decision.\n","sortOrder":121},{"sectionNumber":"106","sectionType":"section","heading":"Appeal against decision on review","content":"106 Appeal against decision on review\n(1) The affected person for a decision reviewed under section 105 may\nappeal to the Local Court against the CHO's decision on the review.\n(2) The appeal must be lodged:\n(a) if the decision concerns a matter under Part 2 or 3 – within\n72 hours after:\n(i) the person receives notice of the decision under\nsection 105(6); or\naware of the decision; or\n(b) for another decision – within 7 days after:\n(i) the person receives notice of the decision under\nsection 105(6); or\naware of the decision.\n","sortOrder":122},{"sectionNumber":"107","sectionType":"section","heading":"Appeal against decision relating to emergency declaration","content":"107 Appeal against decision relating to emergency declaration\n(1) A person whose interests are affected by any of the following\ndecisions may appeal to the Local Court against the decision:\n(a) a decision of the Minister under section 48 to declare a public\nhealth emergency;\n(b) a decision of the Minister under section 50(2) to extend the\nperiod an emergency declaration is in force;\n(c) a decision of the CHO under section 52(1) to take stated\naction to alleviate a public health emergency, including a\ndecision to give a direction.\n\nPublic and Environmental Health Act 2011 60\n(2) The appeal must be lodged within 24 hours after the decision is\nmade.\n","sortOrder":123},{"sectionNumber":"108","sectionType":"section","heading":"Conduct of appeal","content":"108 Conduct of appeal\n(1) At the hearing of an appeal under section 106 or 107, fresh\nevidence or evidence in addition to or in substitution for the\nevidence before the CHO may be given on the appeal.\n(2) In deciding the appeal, the Local Court may:\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision; or\n(d) substitute its own decision for the decision; or\n(e) refer the matter to which the appeal relates to the Minister or\nCHO for reconsideration, either generally or in relation to\nstated matters, and for substitution of another decision.\n(3) In referring the matter to the Minister or CHO, the Court must:\n(a) advise the Minister or CHO of its reasons for doing so; and\n(b) give to the Minister or CHO the directions it considers\nappropriate for the reconsideration of the whole or any part of\nthe matter being remitted.\n(4) The Court may make the orders it considers appropriate to give\neffect to its decision and the orders as to costs it considers just.\n(5) A decision under subsection (2)(b) or (d) is taken for this Act (other\nthan this Part) to be the decision of the person who made the\ndecision appealed against.\n","sortOrder":124},{"sectionNumber":"109","sectionType":"section","heading":"Operation and implementation of decision pending review or","content":"109 Operation and implementation of decision pending review or\nappeal\n(1) A request under section 105 for a review of a reviewable decision\ndoes not affect the operation or implementation of the decision.\n(2) However, the CHO may, by written notice to the affected person for\nthe decision:\n(a) suspend the operation or implementation of so much of the\ndecision as the CHO considers appropriate to effectively\nreview the decision; or\n\nPublic and Environmental Health Act 2011 61\n(b) impose conditions on the operation or implementation of the\ndecision until determination of the review.\n(3) An appeal under section 106 or 107 against a decision does not\naffect the operation or implementation of the decision.\n(4) However, the Local Court may make an order staying or otherwise\naffecting the operation or implementation of so much of the decision\nas the Court considers appropriate to effectively hear and decide\nthe appeal.\n(5) The order:\n(a) is subject to the conditions stated in the order; and\n(b) has effect:\n(i) for the period stated in the order; or\n(ii) if no period is stated – until the Court has decided the\nappeal.\n","sortOrder":125},{"sectionNumber":"110","sectionType":"section","heading":"Contravention of exemption","content":"110 Contravention of exemption\n(a) the person, or the person's business, activity or property, is\nexempt from the application of this Act or a stated provision of\nthis Act; and\n(b) the exemption is subject to a condition; and\n(c) the person engages in conduct that results in a contravention\nof the condition.\n(a) knows about the circumstances of the exemption mentioned in\nparagraphs (a) and (b); and\n(b) intentionally engages in the conduct; and\n\nPublic and Environmental Health Act 2011 62\ncontravention of a condition of the exemption.\n","sortOrder":126},{"sectionNumber":"111","sectionType":"section","heading":"Bribery","content":"111 Bribery\nA person commits an offence if the person gives, procures, offers or\npromises a bribe, recompense or reward to influence another\nperson (the official) in the exercise of the official's powers or\nperformance of the official's functions under this Act.\n(a) knows the official is acting in the exercise of the official's\npowers or performance of the official's functions under this\nAct; and\n(b) intentionally gives, procures, offers or promises the bribe,\nrecompense or reward; and\n(c) intends to influence the official in the exercise of the official's\npowers or performance of the official's functions.\n","sortOrder":127},{"sectionNumber":"112","sectionType":"section","heading":"Confidentiality of information","content":"112 Confidentiality of information\n(a) the person obtains information in the course of carrying out\nfunctions connected with the administration of this Act; and\n(b) engages in conduct that results in the disclosure of the\ninformation to someone else.\n(b) is reckless as to whether the conduct would result in the\ndisclosure of the information.\n\nPublic and Environmental Health Act 2011 63\n(2) Subsection (1) does not apply to a person disclosing information:\n(a) for the administration of this Act; or\n(b) with the consent of the person to whom the information\nrelates, or, if the person is less than 18 years of age or\notherwise lacks legal capacity, the parent, guardian or legal\nrepresentative of the person; or\n(c) for legal proceedings arising out of the operation of this Act; or\n(d) for public health information:\n(i) in a statistical form that does not identify the person who\nis the subject of the information; or\n(ii) in accordance with the CHO's authorisation under\nsubsection (3).\n(3) The CHO may, in writing, authorise the disclosure of health\ninformation to a stated person for a stated purpose if, before\ndisclosing the information, the CHO takes reasonable steps to\nprotect the privacy of persons to whom the information relates.\nExamples of stated purposes for subsection (3)\n1 Scientific study or research.\n2 Ensuring the accuracy of the health information register.\n(4) For subsection (3), a stated person may be:\n(a) a named person; or\n(b) a person holding or occupying a stated office, position or\ndesignation; or\n(c) a person from time to time holding or occupying a stated\noffice, position or designation.\n","sortOrder":128},{"sectionNumber":"113","sectionType":"section","heading":"Misleading information and documents","content":"113 Misleading information and documents\n(1) A person must not give misleading information to an authorised\nofficer acting in an official capacity.\n(a) intentionally gives the information to the officer; and\n(b) knows the information is misleading; and\n\nPublic and Environmental Health Act 2011 64\n(c) knows the officer is acting in an official capacity.\n(2) A person must not give a document containing misleading\ninformation to an authorised officer acting in an official capacity.\n(a) intentionally gives the document to the officer; and\n(b) knows the document contains misleading information; and\n(c) knows the officer is acting in an official capacity.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nauthorised officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the document.\n","sortOrder":129},{"sectionNumber":"113A","sectionType":"section","heading":"Coughing or spitting on certain workers","content":"113A Coughing or spitting on certain workers\n(a) the person intentionally coughs, spits or expectorates on or at\nanother person; and\n(b) the other person is:\n(i) a police officer; or\n(ii) an emergency worker as defined in section 187(2) of the\nCriminal Code; or\n(iii) a worker within the meaning of section 188A of the\nCriminal Code; and\n\nPublic and Environmental Health Act 2011 65\n(c) the conduct specified in paragraph (a) is likely to cause a\nreasonable person to fear that COVID-19 will be transmitted to\nthe person specified in paragraph (b).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(b).\n(3) Absolute liability applies to subsection (1)(c).\n","sortOrder":130},{"sectionNumber":"114","sectionType":"section","heading":"Definitions","content":"114 Definitions\ndeclared provision means any of the following provisions:\n(a) section 10, 14, 15(2), 26(1) or (2), 30(1), 34, 43(1), 44(1)\nor (2), 45(1), 56(1), 57K(1), 58(2), 59(3), 63(3), 86(1), 87(1),\n88, 102(5), 110, 111, 112(1) or 113(1) or (2);\n(b) a provision of the Regulations prescribed by regulation.\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":131},{"sectionNumber":"115","sectionType":"section","heading":"Liability of representative","content":"115 Liability of representative\n(1) It is not a defence to a prosecution for an offence against a\nprovision of this Act that the defendant was, at the time of the\ncommission of the offence, another person's representative.\n(2) However, it is a defence if the defendant proves the defendant was,\nat the time of the commission of the offence:\n(a) another person's representative; and\n(b) acting as the other person's representative under the direct or\nindirect supervision of the other person.\n","sortOrder":132},{"sectionNumber":"116","sectionType":"section","heading":"Conduct of representative","content":"116 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\nprovision of this Act.\nNote for subsection (1)\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n\nPublic and Environmental Health Act 2011 66\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n\nPublic and Environmental Health Act 2011 67\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":133},{"sectionNumber":"117","sectionType":"section","heading":"Criminal liability of partner in partnership","content":"117 Criminal liability of partner in partnership\n(1) A partner in a partnership commits an offence if:\n(a) another partner in the partnership (the offender) commits an\noffence in the course of the activities of the partnership by\ncontravening a declared provision (a relevant offence); and\n(b) the partner was in a position to influence the conduct of the\noffender in relation to the contravention; and\n(c) the partner failed to take reasonable steps to prevent the\ncontravention.\nFault element: The partner was reckless about whether the\ncontravention would happen.\n(2) This section does not affect the liability of the offender.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the relevant offence, but does not apply if the\noffender would have a defence to a prosecution for the relevant\npartner, of a partnership, includes a person who is concerned with,\nor takes part in, the management of the partnership.\n\nPublic and Environmental Health Act 2011 68\npartnership does not include an incorporated limited partnership\nformed under the Partnership Act 1997.\n","sortOrder":134},{"sectionNumber":"118","sectionType":"section","heading":"Criminal liability of manager of unincorporated association","content":"118 Criminal liability of manager of unincorporated association\n(1) A manager of an unincorporated association commits an offence if:\n(a) another manager of the association (the offender) commits an\noffence in the course of the activities of the association by\ncontravening a declared provision (a relevant offence); and\n(b) the manager was in a position to influence the conduct of the\noffender in relation to the contravention; and\n(c) the manager failed to take reasonable steps to prevent the\ncontravention.\nFault element: The manager was reckless about whether\nthe contravention would happen.\n(2) This section does not affect the liability of the offender.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the relevant offence, but does not apply if the\noffender would have a defence to a prosecution for the relevant\nmanager, of an unincorporated association, means a person who is\nconcerned with, or takes part in, the management of the\nassociation.\n","sortOrder":135},{"sectionNumber":"119","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"119 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision other than section 88, 111, 112(1)\nor 113(1) or (2) (a relevant offence) and the officer was\nreckless about whether the contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n\nPublic and Environmental Health Act 2011 69\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\n(1A) Strict liability applies to subsection (1)(b).\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nPublic and Environmental Health Act 2011 70\n","sortOrder":136},{"sectionNumber":"120","sectionType":"section","heading":"Who may start proceedings under Act","content":"120 Who may start proceedings under Act\nProceedings for an offence against this Act may only be started by:\n(a) an authorised officer; or\n(b) a person authorised by the Minister.\n","sortOrder":137},{"sectionNumber":"121","sectionType":"section","heading":"When proceedings under Act started","content":"121 When proceedings under Act started\nProceedings for an offence against this Act may only be started\nwithin 2 years after the date on which the offence is alleged to have\nbeen committed.\n","sortOrder":138},{"sectionNumber":"122","sectionType":"section","heading":"Offender liable for certain costs","content":"122 Offender liable for certain costs\n(1) A person who is found guilty of an offence against this Act is liable\nto pay:\n(a) to the Territory – the costs incurred by the Territory relating to\nseizing, transporting, storing, examining, analysing or\ndisposing of anything that relates to the commission of the\noffence; and\n(b) to an enforcement agency – any costs incurred by the agency\nin relation to the commission of the offence.\n(2) An amount payable under subsection (1) is a debt due to the\nTerritory or enforcement agency.\n","sortOrder":139},{"sectionNumber":"123","sectionType":"section","heading":"Publication of names of offenders and other information","content":"123 Publication of names of offenders and other information\n(1) The CHO may publish in the Gazette, or in a newspaper or other\npublication circulating in the Territory or part of the Territory, a\nnotice about a person who is found guilty, or whose employee or\nagent is found guilty, of an offence against this Act relating to a\npublic health risk or public health nuisance.\n(2) The notice may contain the following information:\n(a) the location of the state, condition or activity constituting the\npublic health risk or public health nuisance;\n(b) the name of the person and, if the state, condition or activity\noccurred during or as a result of the operations of a business\nby the person, the name of the business;\n(c) a description of the nature of the offence, the decision of the\ncourt, the penalty imposed or any forfeiture incurred;\n\nPublic and Environmental Health Act 2011 71\n(d) any other information relating to the risk to public health or\npublic health nuisance the CHO considers appropriate.\n(3) The CHO may only publish the notice:\n(a) if no appeal is lodged within the appeal period – within\n21 days after the appeal period expires; or\n(b) if an appeal is lodged within the appeal period and the finding\nof guilt is affirmed on appeal – within 21 days after the final\norder on appeal is made.\n(4) A person who in good faith publishes the edition of the newspaper\nor other publication in which the notice is published incurs no\nliability for doing so.\n","sortOrder":140},{"sectionNumber":"124","sectionType":"section","heading":"Approved forms","content":"124 Approved forms\nThe CHO may approve forms for this Act.\n","sortOrder":141},{"sectionNumber":"125","sectionType":"section","heading":"Administering Agency registers","content":"125 Administering Agency registers\n(1) The CHO must keep a register (an Administering Agency\nregister) of each of the following:\n(a) declared activities;\n(b) registered businesses;\n(c) directions given under section 58(1);\n(d) enforcement agencies;\n(e) authorised officers;\n(f) exemptions given under section 129.\n(2) The register may be in any form, including an electronic form.\n(3) The CHO may, for the purpose of correcting an error, alter an entry\nin the register in the way the CHO considers appropriate.\n","sortOrder":142},{"sectionNumber":"126","sectionType":"section","heading":"Information in Administering Agency registers","content":"126 Information in Administering Agency registers\n(1) The register of declared activities must state the type of each\ndeclared activity.\n\nPublic and Environmental Health Act 2011 72\n(2) The register of registered businesses must state the following\ninformation for each registered business:\n(a) the name and principal business address of the proprietor of\nthe business;\n(b) the address of each place where declared activities are\ncarried out by the business;\n(c) the date of the registration of the business and any renewals\nof the registration;\n(d) any conditions of the registration of the business;\n(e) any change of ownership of property used in relation to the\ncarrying out of declared activities by the business;\n(f) any cancellation of the registration of the business, any\nconditions of the cancellation and the reasons for the\ncancellation;\n(g) if an exemption is made for the business under section 129 –\ndetails of the exemption;\n(h) any other information the CHO considers appropriate.\n(3) The register of directions given under section 58(1) must state the\nfollowing information for each direction:\n(a) the name of the person given the direction;\n(b) the details of the direction.\n(4) The register of enforcement agencies must state the following\ninformation for each agency appointed:\n(a) the name and business address of the agency;\n(b) the conditions of the appointment;\n(c) the role of the agency.\n(5) The register of authorised officers must state the name of each\nofficer appointed by the CHO and an enforcement agency.\n(6) The register of exemptions given under section 129 must state the\ndetails of the exemption stated in the notice given under the\nsection.\n(7) An Administering Agency register may also contain the other\ninformation the CHO considers appropriate.\n\nPublic and Environmental Health Act 2011 73\n","sortOrder":143},{"sectionNumber":"127","sectionType":"section","heading":"Inspection of Administering Agency registers","content":"127 Inspection of Administering Agency registers\nA person may, on payment of the fee prescribed by regulation:\n(a) search an Administering Agency register; or\n(b) take an extract of an entry in an Administering Agency\nregister.\n","sortOrder":144},{"sectionNumber":"128","sectionType":"section","heading":"Enforcement agency registers","content":"128 Enforcement agency registers\n(1) The CHO may direct an enforcement agency to establish and\nmaintain a register concerning a public health matter.\n(2) The agency must establish and maintain the register in accordance\nwith the direction.\n(3) Also, a regulation may provide for any of the following:\n(a) the establishment and maintenance of a register;\n(b) the collection and collation of information to be recorded in a\nregister;\n(c) the recording of information in a register and the correction or\nremoval of any information recorded in the register;\n(d) the maintenance of confidentiality in relation to information\nprovided for recording in a register and information recorded in\nthe register;\n(e) the release of information recorded in a register.\n(4) A regulation may limit the liability of a person who carries out duties\nin relation to establishing and maintaining a register for any direct\nand indirect loss or injury suffered because of the way in which the\nperson carried out or failed to carry out the duties.\n","sortOrder":145},{"sectionNumber":"129","sectionType":"section","heading":"Exemption from application of Act","content":"129 Exemption from application of Act\n(1) The CHO may exempt any of the following from the application of\nthis Act or a stated provision of this Act:\n(a) by written notice given to a person – the person, the business\nthe person is conducting or activity the person is carrying out;\n(b) by written notice given to the owner of personal property or the\nowner or occupier of real property – the personal property or\nreal property;\n\nPublic and Environmental Health Act 2011 74\n(c) by Gazette notice:\n(i) a class of persons, businesses or activities; or\n(ii) a class of personal property or real property.\n(2) An exemption may be made:\n(a) on the written application of a person who is, or whose\nbusiness or property is, the subject of the exemption sought;\nor\n(3) An exemption may be subject to the conditions (including the\npayment of a fee) the CHO considers appropriate and states in the\nnotice.\n","sortOrder":146},{"sectionNumber":"130","sectionType":"section","heading":"Powers of police officers","content":"130 Powers of police officers\nThe powers conferred by this Act on a police officer, including the\nCommissioner of Police, are in addition to and do not limit any other\npower the police officer may have under another law in force in the\nTerritory.\n","sortOrder":147},{"sectionNumber":"131","sectionType":"section","heading":"Protection from liability","content":"131 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the CHO;\n(b) an enforcement agency;\n(c) an authorised officer, including an authorised officer appointed\nunder section 53(1)(a);\n(d) a person assisting an authorised officer under\nsection 80(5)(b).\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it applies to the civil liability of\nan authorised officer who is a police officer.\nexercise, of a power, includes the purported exercise of the power.\n\nPublic and Environmental Health Act 2011 75\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":148},{"sectionNumber":"132","sectionType":"section","heading":"Acquisition on just terms","content":"132 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":149},{"sectionNumber":"133","sectionType":"section","heading":"Regulations","content":"133 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) the making and implementing of measures and plans to\nprevent, monitor or control public health risks;\n(b) the prevention or abatement of public health nuisances;\n(c) hygiene and sanitation, including the inspection and control of\nsanitation;\n(d) the supply and quality of drinking water;\n(e) the control of animals;\n(f) the eradication or control of pests, insects and vermin;\n(g) the management and treatment of waste and wastewater;\n(h) the storage, or preparation for burial, cremation or other\ndisposal, of bodies of deceased persons;\n(i) medical and dental inspection of school children;\n(j) implementing measures to treat and prevent:\n(i) diseases; and\n(ii) dental and eye defects;\n(k) the inspection and control of places and declared activities;\n\nPublic and Environmental Health Act 2011 76\n(l) obtaining, using or disclosing health information.\n(3) A regulation may also do any of the following:\n(a) prescribe fees payable under this Act;\n(b) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time;\n(c) provide for the enforcement of a standard, including by\nproviding that a contravention of the standard is an offence\nagainst a regulation;\n(d) provide for an offence against a regulation to be an offence of\nstrict or absolute liability but not with a penalty exceeding\n100 penalty units.\n","sortOrder":150},{"sectionNumber":"133A","sectionType":"section","heading":"Definitions","content":"133A Definitions\nIn this Part:\ncommencement means the commencement of section 11 of the\nPublic and Environmental Health Legislation Amendment Act 2022.\nvalidated direction means any provision of the directions specified\nin section 133C.\n","sortOrder":151},{"sectionNumber":"133B","sectionType":"section","heading":"Purpose and effect of Part","content":"133B Purpose and effect of Part\n(1) The purpose of this Part is to confirm the validity of the provisions of\nthe directions specified in section 133C and ensure their\neffectiveness.\n(2) This Part has effect despite any other law of the Territory to the\ncontrary.\n(3) To avoid doubt, if a validated direction is inconsistent with a law of\nthe Commonwealth:\n(a) the law of the Commonwealth prevails to the extent of the\ninconsistency; and\n(b) the validated direction is severable from the directions\nspecified in section 133C; and\n\nPublic and Environmental Health Act 2011 77\n(c) the validated direction is to be construed as valid and effective\nto the extent to which it is not inconsistent with the law of the\nCommonwealth.\nNote for subsection (3)\nSee section 59 of the Interpretation Act 1978.\n","sortOrder":152},{"sectionNumber":"133C","sectionType":"section","heading":"Validated directions","content":"133C Validated directions\n(1) The directions (and their provisions) given or purported to have\n13 October 2021 entitled COVID-19 Directions (No. 55) 2021:\nDirections for mandatory vaccination of workers to attend the\nworkplace:\n(a) were, and are taken to always have been, valid under this Act;\nand\n(b) had, and are taken to always have had, full force and effect on\nand from when they were given by the Chief Health Officer\nuntil 22 April 2022.\n(2) The directions (and their provisions) given or purported to have\n10 November 2021 entitled COVID-19 Directions (No. 81) 2021:\nAmendments to COVID-19 Directions (No. 55) 2021:\n(a) were, and are taken to always have been, valid under this Act;\nand\n(b) had, and are taken to always have had, full force and effect on\nand from when they were given by the Chief Health Officer\nuntil 22 April 2022.\n(3) The directions (and their provisions) given or purported to have\n15 February 2022 entitled COVID-19 Directions (No. 41) 2022:\nDirections for high risk places:\nand\n(4) The directions (and their provisions) given or purported to have\n13 March 2022 entitled COVID-19 Directions (No. 52) 2022:\nDirections for additional vaccination requirements for certain\n\nPublic and Environmental Health Act 2011 78\nworkers to attend the workplace:\nand\n(5) The directions (and their provisions) given or purported to have\n21 April 2022 entitled COVID-19 Directions (No. 60) 2022:\nAmendment of COVID-19 Directions (No. 52) 2022:\nand\n","sortOrder":153},{"sectionNumber":"133D","sectionType":"section","heading":"Consequential effects of validation","content":"133D Consequential effects of validation\nWithout limiting the effect of section 133C, the following are not\ninvalid or unlawful on the ground that a validated direction was not\nvalid or did not have full force and effect:\n(a) any right, privilege, power, duty or function given or imposed\nor purportedly given or imposed under the validated direction;\n(b) any exercise of, performance of or action taken under a right,\nprivilege, power, duty or function given or imposed or\npurportedly given or imposed under the validated direction;\n(c) the making or purported making of any decision under the\nvalidated direction;\n(d) the granting or purported granting or issuing or purported\nissuing of any order or any other document under the\nvalidated direction;\n(e) any action taken to enforce the validated direction;\n(f) any infringement notice issued for an alleged contravention of\nthe validated direction committed after the commencement;\n(g) any amount paid in response to an infringement notice issued\nfor an alleged contravention of the validated direction\ncommitted after the commencement;\n\nPublic and Environmental Health Act 2011 79\n(h) any prosecution, conviction or sentence for an alleged\ncontravention of the validated direction committed after the\ncommencement;\n(i) any dismissal of a person from employment, or other action\ntaken against a person, by an employer of the person for\nnon-compliance with the validated direction;\n(j) any refusal of entry to premises or removal from premises of a\nperson, or other action taken against a person, by an owner or\noccupier of the premises for non-compliance with the validated\n","sortOrder":154},{"sectionNumber":"133E","sectionType":"section","heading":"Effect on contraventions of validated directions","content":"133E Effect on contraventions of validated directions\nThis Part has no effect on the following:\n(a) any offence against section 56(1) for an alleged contravention\nof a validated direction committed before the commencement;\n(b) any infringement notice issued for an alleged contravention of\nthe validated direction committed before the commencement;\n(c) any amount paid in response to an infringement notice issued\nfor an alleged contravention of the validated direction\ncommitted before the commencement;\n(d) any prosecution, conviction or sentence for an alleged\ncontravention of the validated direction committed before the\ncommencement.\n","sortOrder":155},{"sectionNumber":"133F","sectionType":"section","heading":"Amendment and revocation","content":"133F Amendment and revocation\nA validated direction is, and is taken to always have been, capable\nof being amended and revoked by a direction given under\nsection 52.\n","sortOrder":156},{"sectionNumber":"134","sectionType":"section","heading":"Acts repealed","content":"134 Acts repealed\nThe Acts mentioned in Schedule 2 are repealed.\n\nDivision 2 Transitional matters for Public and Environmental Health Act 2011\nPublic and Environmental Health Act 2011 80\nDivision 2 Transitional matters for Public and Environmental\nHealth Act 2011\n135 Definitions\ncommencement day means the day on which section 134\ncommences.\nformer CHO means the Chief Health Officer as defined in the\nrepealed Act.\nformer health officer means a Health Officer, Health Surveyor or\nMedical Officer of Health as defined in the repealed Act.\nrepealed Act means the Public Health Act 1952 as in force\nimmediately before the commencement day.\n","sortOrder":157},{"sectionNumber":"136","sectionType":"section","heading":"Registration of business carrying out declared activity","content":"136 Registration of business carrying out declared activity\nA business that immediately before the commencement day was\ncarrying out a declared activity is taken to be registered for the\ndeclared activity for 3 months from the commencement day.\n","sortOrder":158},{"sectionNumber":"137","sectionType":"section","heading":"Appointments","content":"137 Appointments\n(1) The person who immediately before the commencement day was\nappointed as the former CHO is taken to be the CHO appointed\nunder section 67(1).\n(2) A person who immediately before the commencement day was\nappointed as a former health officer is taken to be an authorised\nofficer appointed under section 76(2).\n(3) Subject to this Act, any act, matter or thing done or omitted to be\ndone before the commencement day by or in relation to the former\nCHO or a former health officer is, to the extent it would, apart from\nsection 134, have had effect on or after that day, taken to have\nbeen done or omitted to be done by or in relation to the CHO or an\nauthorised officer.\n(4) A reference in an Act or other document to a former health officer is\ntaken to be a reference to an authorised officer.\n","sortOrder":159},{"sectionNumber":"138","sectionType":"section","heading":"Notices under section 7C","content":"138 Notices under section 7C\nA notice in force under section 7C of the repealed Act immediately\nbefore the commencement day is taken to be a public health notice.\n\nDivision 3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nPublic and Environmental Health Act 2011 81\n","sortOrder":160},{"sectionNumber":"139","sectionType":"section","heading":"Regulations and other instruments","content":"139 Regulations and other instruments\n(1) Regulations, and statutory instruments, in force under the repealed\nAct immediately before the commencement day are taken to be\nregulations and statutory instruments under this Act.\n(2) A regulation or statutory instrument continued in force under\nsubsection (1) ends on the earlier of the following:\n(a) when it would have ended had this Act not been enacted;\n(b) 1 July 2014;\n(c) the repeal or revocation of the regulation or statutory\ninstrument.\n(3) Despite section 7, Part IIAA of the Criminal Code does not apply to\nan offence against a regulation continued in force under\nsubsection (1).\nDivision 3 Transitional matters for Statute Law Amendment\n(Directors' Liability) Act 2015\n","sortOrder":161},{"sectionNumber":"140","sectionType":"section","heading":"Offences – before and after commencement","content":"140 Offences – before and after commencement\n(1) Section 119, as amended by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new section) applies in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 32 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 119, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nDivision 5 Transitional matters for Public and Environmental Health Legislation\nAmendment Act 2022\nPublic and Environmental Health Act 2011 82\n","sortOrder":162},{"sectionNumber":"Div 4","sectionType":"division","heading":"Transitional matters for Public and Environmental","content":"Division 4 Transitional matters for Public and Environmental\nHealth Legislation Amendment Act 2020\n","sortOrder":163},{"sectionNumber":"141","sectionType":"section","heading":"Offences","content":"141 Offences\n(1) Section 56, as amended by the Public and Environmental Health\nLegislation Amendment Act 2020, applies only in relation to\noffences committed after the commencement of section 5 of that\nAct (the commencement).\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\nDivision 5 Transitional matters for Public and Environmental\nHealth Legislation Amendment Act 2022\n","sortOrder":164},{"sectionNumber":"142","sectionType":"section","heading":"Definition","content":"142 Definition\ncommencement means the commencement of section 8 of the\nPublic and Environmental Health Legislation Amendment Act 2022.\n","sortOrder":165},{"sectionNumber":"143","sectionType":"section","heading":"Written directions of CHO","content":"143 Written directions of CHO\n(1) A written direction given by the CHO under section 52 in force\nimmediately before the commencement is taken to be a direction\nunder section 57B.\n(2) The CHO must publish the title of any direction mentioned in\nsubsection (1) in the Gazette.\n(3) A direction mentioned in subsection (1) is revoked 100 days after\nthe commencement (if not earlier revoked).\n","sortOrder":166},{"sectionNumber":"144","sectionType":"section","heading":"Appointment of and direction to authorised officers","content":"144 Appointment of and direction to authorised officers\nIn relation to the declaration of the public health emergency\nmentioned in section 57A(1):\n(a) the appointment of an authorised officer under\nsection 53(1)(a) in force immediately before the\ncommencement is taken to be an appointment under\nsection 57G(1)(a); and\n\nDivision 5 Transitional matters for Public and Environmental Health Legislation\nAmendment Act 2022\nPublic and Environmental Health Act 2011 83\n(b) a direction to an authorised officer under section 53(1)(b) that\nis in effect immediately before the commencement is taken to\nbe a direction under section 57G(1)(b).\n\nSchedule 1 Reviewable decisions and affected persons\nPublic and Environmental Health Act 2011 84\nSchedule 1 Reviewable decisions and affected persons\nsection 104\nReviewable decision Affected person\nRefusal to register business (section 12) Applicant\nRefusal to renew registration of business\n(section 17)\nRefusal to vary conditions of registration\nof business (section 20)\nCancellation of registration of business\n(section 21)\nIssue of public health notice (section 29) Person issued with notice\nIssue a public health order (section 32) Person issued with order\nRefusal to extend period for compliance\nwith public health notice or public health\norder (section 37)\nPerson issued with notice or order\nRefusal to cancel public health notice or\npublic health order (section 38)\nPerson issued with notice or order\n\nPublic and Environmental Health Act 2011 85\nsection 134\nPublic Health Ordinance 1952 Ordinance No. 27 of 1952\nPublic Health Ordinance 1957 Ordinance No. 8 of 1957\nPublic Health Ordinance 1958 Ordinance No. 17 of 1958\nPublic Health Ordinance 1961 Ordinance No. 32 of 1961\nPublic Health Ordinance 1962 Ordinance No. 14 of 1962\nPublic Health Amendment Act 1981 Act No. 103 of 1981\nPublic Health Amendment Act 1985 Act No. 6 of 1985\n\nPublic and Environmental Health Act 2011 86\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nPublic and Environmental Health Act 2013 (Act No. 14, 2013)\nAssent date 6 June 2013\nCommenced 1 July 2013\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S63, 27 November 2013)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\n\nPublic and Environmental Health Act 2011 87\nEmergency Legislation Amendment Act 2020 (Act No. 8, 2020)\nAssent date 25 March 2020\nCommenced 26 March 2020 (s 2)\nPublic and Environmental Health Legislation Amendment Act 2020 (Act No. 14, 2020)\nAssent date 24 April 2020\nCommenced ss 5, 6, 7, 10 and 11: 25 April 2020 (s 2(2)); rem: 4 April 2020\n(s 2(1))\nPublic and Environmental Health Legislation Amendment Act 2022 (Act No. 10, 2022)\nAssent date 26 May 2022\nCommenced 27 May 2022 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 8, 47, 48, 67, 83, 117,\n131 and 135.\n4 LIST OF AMENDMENTS\ns 4 amd No. 10, 2022, s 4\ns 8 amd No. 28, 2018, s 25\ns 21 amd No. 38, 2014, s 2\ns 46 amd No. 8, 2016, s 45\nss 47 – 48 amd No. 27, 2013, s 128\ns 50 amd No. 8, 2020, s 4\ns 52A ins No. 14, 2020, s 4\namd No. 10, 2022, s 5\ns 52B ins No. 10, 2022, s 6\ns 55 amd No. 10, 2022, s 7\ns 56 amd No. 14, 2020, s 5\npt 5\ndiv 2A hdg ins No. 10, 2022, s 8\nss 57A – 57L ins No. 10, 2022, s 8\nss 81 – 82 amd No. 8, 2016, s 45\ns 93 amd No. 8, 2016, s 45\ns 113A ins No. 14, 2020, s 6\namd No. 10, 2022, s 9\ns 114 amd No. 10, 2022, s 10\ns 119 amd No. 26, 2015, s 100\npt 10A hdg ins No. 10, 2022, s 11\nss 133A –\n133F ins No. 10, 2022, s 11\ns 139 amd No. 14, 2013, s 4\ndiv 3 hdg ins No. 26, 2015, s 101\ns 140 exp No. 7, 2011, s 148\nins No. 26, 2015, s 101\ndiv 4 hdg ins No. 14, 2020, s 7\ns 141 exp No. 7, 2011, s 148\nins No. 14, 2020, s 7\n\nPublic and Environmental Health Act 2011 88\ndiv 5 hdg ins No. 10, 2022, s 12\nss 142 – 144 exp No. 7, 2011, s 148\nins No. 10, 2022, s 12\npt 12 hdg exp No. 7, 2011, s 148\nss 145 – 148 exp No. 7, 2011, s 148\nsch 3 – 4 exp No. 7, 2011, s 148","sortOrder":167}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2422},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"..."},"complexity_factors":["..."],"plain_english_summary":"..."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act's operational scope has been expanded by amendments that add explicit emergency and post‑emergency powers, fee‑charging mechanisms and retrospective validation of CHO COVID‑19 directions. Notable additions in the text include the CHO quarantine fee and related Ministerial determination provisions (ss 52A–52B), the post‑emergency COVID‑specific powers and conditions (Division 2A, ss 57A–57L) and the validation of specified past CHO directions (Part 10A, ss 133A–133F). The endnotes and amendment history in the printed Act record these insertions and show they were added after the original enactment (see endnotes listing insertions: ss 52A–52B, Div 2A ss 57A–57L, Part 10A ss 133A–133F). These amendments extend and clarify the CHO's powers in relation to COVID‑19 responses and create fee and validation mechanisms that were not in the original text."},"complexity_factors":["Wide range of powers across normal, emergency and post‑emergency regimes (ss 52, 57B, 57A–57L)","Multiple decision‑makers and delegation routes (Minister, CHO, enforcement agencies, authorised officers) with overlapping authorities (ss 48, 66–69, 70–76)","Detailed administrative regimes for registration, conditions, variation and cancellation with procedural steps and penalties (ss 10–23, 20–21)","Criminal, civil and administrative sanctions with varying fault elements, strict and absolute liability and corporate/representative liability rules (Part 9 Divs 1–2, ss 114–119)","Complex entry, warrant and seizure powers with emergency exceptions and safeguards (ss 80–83, 81–82, 89–99)","Data and information regimes (compulsion of health information, registers, confidentiality limits) requiring interplay with privacy rules (ss 63–65, 112, 125–127)","Time‑sensitive review and appeal windows and curtailed interlocutory relief in emergency contexts (ss 105–109, 57, 57L)","Statutory cost‑recovery and fee powers (normal and emergency) and ability to treat fees as Commonwealth money (ss 52A–52B, 57E–57F, 122)","Retrospective validation of CHO directions (Part 10A, ss 133A–133F) which interacts with past enforcement and employment consequences"],"plain_english_summary":"What this law does, mechanically\n\n- Establishes a statutory framework for identifying, preventing and responding to public and environmental health risks in the Northern Territory (NT). The main operational actors are the Chief Health Officer (CHO), enforcement agencies and authorised officers (see ss 3, 66–69, 70–76).\n\n- Declares and regulates activities that are public health risks. The Minister may declare an activity to be a \"public health risk activity\" (s 9). Businesses that carry out declared activities must register with the CHO (ss 10–18). Registration applications must include particulars and plans and be accompanied by a fee (s 11). The CHO decides registration, may impose or vary conditions and may cancel registrations (ss 12–13, 20–21). Registered businesses must display registration notices; mobile operators must carry them (s 18).\n\n- Defines and addresses \"public health nuisances\" (anything that puts at risk or damages public health) and gives authorised officers a complaint‑driven investigation role (ss 25–28). If a nuisance exists the CHO or authorised officers can require abatement or take action (ss 29, 61).\n\n- Gives the CHO power to issue public health notices (directing rectification over a period) and public health orders (to address immediate serious public health risks). Notices and orders must state reasons, actions required and review/appeal procedures (ss 29–34). Non‑compliance is an offence with specified penalties (ss 30, 34). The CHO can apply to the Local Court to enforce orders and seek civil penalties (s 36).\n\n- Provides inquiry and emergency powers. The Minister may appoint an inquirer for serious matters (ss 39–46). The Minister may declare a public health emergency (s 48) and, while a declaration is in force, the CHO has broad powers to take actions and give directions to alleviate the emergency (including segregation, evacuation, quarantine, seizure and movement restrictions) (ss 52, 52(2)–(3)).\n\n- Allows the CHO to charge quarantine fees during emergencies and to have the Minister treat those fees as Commonwealth money in particular circumstances (ss 52A–52B). The CHO may appoint authorised officers and authorise use of necessary force during emergencies (s 53).\n\n- Contains a post‑COVID specific regime (Division 2A, ss 57A–57L) that, for a defined period, empowers the CHO to continue many emergency‑style actions (testing, isolation, quarantine, registration of presence, mask and distancing rules, movement limits and vaccination‑based restrictions) even after the original emergency declaration (ss 57A–57B). The CHO must consider social and economic factors and consult specified Ministers before some directions (s 57C), and publish written directions in many cases (s 57D). The CHO may also charge fees under this Division (ss 57E–57F).\n\n- Authorises entry, inspection, seizure and forfeiture powers for authorised officers, including by warrant and with specific procedural safeguards (ss 80–82, 89–99). In an emergency authorised officers may enter without warrants or permits and may enter Aboriginal land if necessary (ss 53(3), 83).\n\n- Sets out powers to obtain and use health information (s 63–65), establishes health information and administering agency registers (ss 65, 125–127), and limits disclosure subject to confidentiality rules (s 112).\n\n- Provides enforcement architecture: appointment of enforcement agencies, delegation to and limits on authorised officers, fees and charges recoverable by agencies, and liability rules for costs (ss 70–75, 73, 122).\n\n- Creates a suite of offences and penalties for contraventions of registration, conditions, notices, orders, directions, giving misleading information, obstructing officers and other misconduct; it also sets out corporate and representative liability rules so that managers, partners and executive officers may be held criminally responsible in specified circumstances (Part 9 Divisions 1–2; see especially ss 10, 14, 26, 30–34, 44, 86–88, 114–119).\n\n- Provides internal review and limited judicial appeal routes for affected persons, with tight time limits for review and appeal and limited stay rights in emergencies (ss 104–109, 57, 57L). Decisions under review remain effective unless suspended by the CHO or stayed by the Court in limited ways (s 109).\n\n- Enables the CHO to make guidelines and the Minister to declare standards; contravention of a standard can be an offence (ss 101–103).\n\n- Validates specified past CHO directions relating to COVID‑19 by declaring those directions, and actions under them, to have always been valid (Part 10A: ss 133A–133F). The validation lists precise directions and preserves enforcement, payments, dismissals and other consequences arising under those directions (ss 133C–133D).\n\nWho is affected and who pays\n\n- Businesses conducting declared activities must register, comply with conditions and bear administrative and compliance costs (ss 10–18, 11). Mobile operators carry additional obligations (ss 11, 15).\n- Individuals can be subject to testing, isolation, quarantine, movement and vaccination‑based directions (ss 52, 57B). Persons required to quarantine may be charged fees determined by the CHO (ss 52A, 57E), recoverable as debts to the Territory.\n- Persons who fail to comply with notices, orders or directions may face criminal penalties, civil penalties via the Local Court and debts for costs the CHO incurs to remedy non‑compliance (ss 30, 34, 36, 60(3), 59(4), 98(2)–(3), 122).\n- The Minister and CHO make key decisions: the Minister declares emergencies and appoints the CHO (ss 48, 67); the CHO registers businesses, issues notices/orders, makes guidelines and exercises emergency and post‑emergency powers (ss 12, 29–33, 52, 57B, 101).\n\nWhy it matters (official rationale and tested mechanics)\n\n- Officially, the Act exists to protect and promote health, to give flexible capacity to respond to emerging environmental or public health issues and to improve population outcomes in partnership with individuals and communities (s 3). Those object clauses frame the CHO’s powers.\n\n- Testing that claim against the Act's mechanics shows these trade‑offs and implementation features:\n  - Broad executive discretion: The CHO has broad, operationally flexible powers in normal and emergency settings (ss 52, 57B). That enables rapid interventions (consistent with s 3(b)) but concentrates decision‑making in a single office and in enforcement agencies (ss 66–69, 70–72).\n  - Compliance burden on private actors: Businesses conducting declared activities face registration, plans, inspections, display requirements and potential variation or cancellation of registrations (ss 11, 12, 17–21). Those processes impose direct administrative costs and operational constraints on how services are delivered.\n  - Cost recovery model: The statute allows the CHO and enforcement agencies to recover costs from regulated persons (removal, destruction, quarantine fees and other costs are recoverable as debts) (ss 59(4), 60(3), 98(2)–(3), 52A, 57E, 122). This shifts financial responsibility for some public health actions to regulated parties.\n  - Enforcement scope and sanctions: The Act creates substantial criminal and civil penalties for non‑compliance (examples: s 26 — up to 400 penalty units or 2 years imprisonment; s 34 — up to 500 penalty units). These raise the stakes for businesses and individuals who do not comply.\n  - Information flows and privacy constraints: The CHO may compel health information for public health purposes and keep registers (ss 63–65, 125). Disclosure is constrained by confidentiality provisions, but authorised sharing for CHO purposes or by written authorisation is permitted (s 112). This enables public health surveillance while building in limited protections.\n  - Limited interlocutory judicial relief during emergencies: Courts may not make interlocutory orders that stay emergency declarations or many CHO actions (ss 57, 57L). That reduces the ability of affected persons to obtain interim relief while preserving post‑decision judicial review pathways (ss 105–109).\n  - Delegation and multiple enforcement actors: The CHO may delegate and appoint enforcement agencies and authorised officers who exercise powers (including entry and seizure) (ss 69–76). Delegation increases administrative reach but creates multiple decision points and coordination needs.\n  - Retrospective validation of CHO directions: Part 10A (ss 133A–133F) confirms the validity of specified CHO COVID‑19 directions and preserves legal consequences and administrative acts taken under them. That removes legal uncertainty about past CHO directives and their consequences but is a retroactive statutory fix (ss 133C–133D).\n\nPractical risks and trade‑offs highlighted by the Act's mechanics\n\n- Implementation risk: The Act relies on the CHO and enforcement agencies to exercise wide powers (ss 52, 70–74). Effective implementation requires administrative capacity, clear procedures and record‑keeping (s 54, 57H), otherwise operational decisions may face legal or practical challenges.\n- Compliance and transaction costs for business: Registration requirements, inspections and potential closure or sealing of premises (ss 11, 17, 32(3)(d)) create direct compliance costs and possible interruption to trade.\n- Concentration of authority with limited interlocutory judicial oversight in emergencies (ss 52, 57, 57L) means urgent decisions will often be effective immediately; remedies are largely retrospective (appeal and review rights are provided but tightly time‑limited — ss 105–107).\n- Effects on private choice and enterprise: Directions can regulate individual behaviour (testing, isolation, vaccination status restrictions) and business operations (closure, conditions on declared activities) which affects workforce deployment and access to premises (ss 57B, 32(3)). The CHO may also impose fees recoverable from individuals or businesses (ss 52A, 57E), which affects the cost of compliance.\n\nKey reference points in the Act\n\n- Objects: s 3. Registration, declared activities: ss 9–18. Notices/orders and enforcement: ss 29–38, 36, 60. Emergency declaration and CHO powers: ss 48–53. Post‑emergency COVID powers: ss 57A–57L. Entry and seizure: ss 80–82, 89–99. Health information: ss 63–65. Offences and corporate liability: Part 9 (esp. ss 10, 14, 26, 30, 34, 114–119). Review and appeals: Part 8 (ss 104–109). Validation of past COVID directions: Part 10A (ss 133A–133F)."}},"importantCases":[],"_links":{"self":"/api/acts/public-and-environmental-health-act-2011","history":"/api/acts/public-and-environmental-health-act-2011/history","analysis":"/api/acts/public-and-environmental-health-act-2011/analysis","conflicts":"/api/acts/public-and-environmental-health-act-2011/conflicts","importantCases":"/api/acts/public-and-environmental-health-act-2011/important-cases","documents":"/api/acts/public-and-environmental-health-act-2011/documents"}}