{"id":"a-1997-69","name":"Public Health Act 1997","slug":"public-health-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"69 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24193,"registerId":"act-a-1997-69-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Public Health Act 1997.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this Act.\nFor example, the signpost definition ‘notified suspension or\ncancellation, of registration—see section 56P (1).’ means that the\nexpression ‘notified suspension or cancellation’ is defined in\nsection 56P (1).\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Objectives","content":"4 Objectives\nThis Act must be construed and administered in accordance with the\nfollowing objectives:\n(a) the protection of the public from public health risks including\nthose associated with facilities, equipment, products and\nactivities not adequately controlled by another law of the\nTerritory or a law of the Commonwealth;\n(b) through the monitoring of health indicators, to provide the\npublic with information about the health of the population and\nto design and implement appropriate policies and programs for\nthe maintenance and improvement of the population’s health;\n(c) the provision of a rapid response to public health risks;\n(d) the exercise of functions under this Act in a professional and\nresponsible way;\n(e) the avoidance of any undue infringement of individual liberty\nand privacy in the exercise of functions under this Act.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Construction consistent with certain other laws","content":"6 Construction consistent with certain other laws\n(1) This Act must be construed and administered in a way that is\nconsistent with a health law or an environment law unless the contrary\nintention appears from this Act or that law.\n(2) This Act must be taken to be consistent with a health law or an\nenvironment law to the extent that it is capable of operating\nconcurrently with that law.\n\n(3) Without limiting subsection (2)—\n(a) a function under the Food Act 2001 may be exercised\nindependently of, in conjunction with, or instead of, a function\nunder this Act; and\n(b) a function under this Act may be exercised independently of, in\nconjunction with, or instead of, a function under the Food\nAct 2001.\nExamples of s (3)\n1 The issue of an abatement notice under this Act in relation to unfit food\npremises instead of an improvement notice under the Food Act 2001.\n2 For food handled by a person with a highly contagious serious disease, a public\nhealth emergency could be declared under this Act and directions given to\nisolate affected people and require them to undergo a medical examination and\nthe food could be recalled under the Food Act 2001, pt 4 (Emergency powers).\nenvironment law means a law of the Territory that has as 1 of its\nobjects or purposes the protection of the environment.\nhealth law means—\n(a) a law of the Territory that has as 1 of its objects or purposes the\nprotection of public health; or\n(b) the Food Act 2001; or\n(c) the Medicines, Poisons and Therapeutic Goods Act 2008.\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"6A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"6A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 67 (Offence—insanitary conditions)\n• s 102A (Doctors and nurse practitioners—failure to notify)\n• s 111 (Disclosure of information that identifies doctor etc).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Chief health officer","content":"7 Chief health officer\n(1) The Minister must appoint a person to be the chief health officer.\nNote For the making of appointments generally, see Legislation Act, pt 19.3.\n(2) The chief health officer must be a public servant and a doctor.\n(3) An appointment under subsection (1) is a disallowable instrument.\n(4) The Minister may suspend the chief health officer from duty on\ngrounds of misbehaviour or physical or mental incapacity, being\ngrounds the particulars of which are stated in the suspension.\n(5) A suspension is a disallowable instrument.\n(6) Following the suspension of the chief health officer, the Minister\nmay, in writing, revoke the appointment of the chief health officer\nif—\n(a) after the last day when the suspension could have been\ndisallowed under the Legislation Act 2001, the suspension has\nnot been disallowed; and\n(b) the Minister is satisfied that the grounds for suspension stated in\nthe suspension still exist.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Acting chief health officer","content":"8 Acting chief health officer\n(1) The director-general may appoint a person to act as the chief health\nofficer—\n(a) during any vacancy or all vacancies in the position of chief\nhealth officer; or\n(b) during any period, or all periods, when the chief health officer\ncannot for any reason exercise the functions of the position.\nNote For the making of acting appointments generally, see Legislation Act,\ndiv 19.3.2.\n\n(2) An acting chief health officer must be a doctor.\n(3) The Legislation Act 2001, section 209 (Power of appointment\nincludes power to make acting appointment) does not apply to the\nposition of chief health officer.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Functions of chief health officer","content":"9 Functions of chief health officer\n(1) The functions of the chief health officer are as follows:\n(a) to develop and implement strategies to promote and protect\npublic health;\n(b) to ensure that the following Acts are complied with:\n(i) this Act;\n(ii) the Food Act 2001;\n(iii) the Medicines, Poisons and Therapeutic Goods Act 2008;\n(iv) the Radiation Protection Act 2006;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(c) to advise the Minister about proposed legislative or\nadministrative changes related to public health and the safety\nand suitability of food for human consumption;\n(d) to carry out any other functions decided, in writing, by the\nMinister for an Act mentioned in paragraph (b).\n(2) The chief health officer may also exercise any other function given to\nthe chief health officer by another territory law.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Biennial reporting by chief health officer","content":"10 Biennial reporting by chief health officer\n(1) The chief health officer must prepare a written report every 2 years\nabout public health indicators in the Territory in respect of the\nfollowing matters:\n(a) trends and indicators in health status;\n(b) potential public health risks;\n(c) morbidity and mortality;\n(d) notifiable conditions;\n(e) health promotion activities;\n(f) harm minimisation activities;\n(g) access and equity indicators relevant to health;\n(h) social indicators relevant to health;\n(i) health services performance against minimum standards of care;\n(j) intersectoral activities relevant to health;\n(k) any other matter considered appropriate by the chief health\n(2) A report must be given to the Minister within 3 months after it is\nprepared.\n(3) The Minister must present a report to the Legislative Assembly within\n6 sitting days after the day the Minister receives it.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Delegation by chief health officer","content":"11 Delegation by chief health officer\nThe chief health officer may delegate a function under any of the\nfollowing Acts to a person:\n(b) the Drugs of Dependence Act 1989;\n\n(c) the Food Act 2001;\n(d) the Medicines, Poisons and Therapeutic Goods Act 2008;\n(e) the Radiation Protection Act 2006.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Appointment of public health officers","content":"12 Appointment of public health officers\nThe director-general may appoint a person to be a public health\n","sortOrder":11},{"sectionNumber":"12A","sectionType":"section","heading":"Functions of public health officers","content":"12A Functions of public health officers\n(1) The chief health officer may, in writing, authorise a public health\nofficer to be an authorised officer for this Act or a provision of this\nAct.\n(2) The chief health officer may, in writing, authorise a public health\nofficer to be an authorised officer for the Food Act 2001 or a provision\nof that Act.\nNote For the Medicines, Poisons and Therapeutic Goods Act 2008, see\ndiv 7.1.2 (Medicines and poisons inspectors).\n(3) A public health officer may also exercise any other function given to\na public health officer by this Act or another territory law.\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Appointment of authorised medical officers","content":"13 Appointment of authorised medical officers\nThe director-general may appoint a doctor to be an authorised\nmedical officer.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Functions of authorised medical officers","content":"14 Functions of authorised medical officers\n(1) The chief health officer may, in writing, authorise an authorised\nmedical officer to be an authorised officer for this Act or a provision\nof this Act.\n(2) An authorised medical officer may also exercise any other function\ngiven by this Act or another territory law.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Appointment of analysts","content":"15 Appointment of analysts\nThe director-general may appoint a person as—\n(a) the government analyst; or\n(b) an analyst.\n\n","sortOrder":15},{"sectionNumber":"15A","sectionType":"section","heading":"Functions of analysts","content":"15A Functions of analysts\n(1) The chief health officer may, in writing, authorise an analyst for any\nof the following Acts or any provision of the following Acts:\n(b) the Criminal Code;\n(c) the Drugs of Dependence Act 1989;\n(d) the Food Act 2001;\n(e) the Medicines, Poisons and Therapeutic Goods Act 2008.\nNote 1 Analyst includes the government analyst (see dict).\nNote 2 For evidentiary certificates by analysts, see s 135A.\nNote 3 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) An analyst may also exercise any other function given to the analyst\nby this Act or another territory law.\n15AA Analysts and assistants—authority to handle drugs etc\n(1) For section 15A and within the scope of the person’s employment,\neach of the following people is authorised to carry out an authorised\nactivity in relation to a prohibited thing:\n(a) an analyst;\nNote Analyst includes the government analyst (see dict).\n(b) a person working under the direct supervision of an analyst.\n\nauthorised activity, in relation to a prohibited thing, means each of\nthe following:\n(a) obtaining the thing;\n(b) manufacturing the thing;\n(c) possessing the thing, whether for use as a reference or otherwise;\n(d) if the thing is a controlled plant under the Criminal Code,\nsection 600—cultivating the plant;\n(e) giving the thing to a person who is authorised to obtain it;\n(f) transporting the thing;\n(g) destroying the thing.\ncultivates—see the Criminal Code, section 615.\nemployment includes engagement under a contract for services.\nmanufacture—see the Criminal Code, section 606.\nprohibited thing means—\n(a) a controlled drug, controlled plant or controlled precursor within\nthe meaning of the Criminal Code, section 600; or\n(b) a regulated substance within the meaning of the Medicines,\nPoisons and Therapeutic Goods Act 2008; or\n(c) equipment used to manufacture something mentioned in\nparagraph (a) or (b); or\n(d) equipment used to cultivate a controlled plant within the\nmeaning of the Criminal Code, section 600.\n\n","sortOrder":16},{"sectionNumber":"15B","sectionType":"section","heading":"Non-public servant analysts—appointment subject to","content":"15B Non-public servant analysts—appointment subject to\nconditions\n(1) The appointment of a person who is not a public servant as an analyst\nmay be—\n(a) made subject to conditions; or\n(b) amended by the director-general to impose a condition to which\nthe appointment is to be subject or to amend or revoke a\ncondition to which the appointment is already subject.\n(2) A condition may be imposed, amended or revoked by the\ndirector-general—\n(a) on the director-general’s own initiative or on the application of\nthe person; and\n(b) for a stated period or indefinitely.\n","sortOrder":17},{"sectionNumber":"15C","sectionType":"section","heading":"Non-public servant analysts—procedure for imposition","content":"15C Non-public servant analysts—procedure for imposition\netc of conditions on director-general’s initiative\n(1) If the director-general proposes, on the director-general’s own\ninitiative, to take action under section 15B (1) (b) (Non-public servant\nanalysts—appointment subject to conditions) to amend the person’s\nappointment to impose, amend or revoke a condition (the proposed\naction), the director-general must give the person a written notice\nstating—\n(a) the proposed action; and\n(b) if the proposed action is to impose a condition to which the\nappointment is to be subject—the proposed condition; and\n(c) if the proposed action is to amend a condition to which the\nappointment is subject—the proposed condition as amended;\nand\n(d) if the proposed action is to impose or amend a condition, the\ngrounds for the proposed action; and\n\n(e) if appropriate, any action that must be taken by the person to\navoid or reverse the proposed action; and\n(f) the date when the proposed imposition, amendment or\nrevocation of the condition takes effect (the date of effect); and\n(g) that the proposed action takes effect on the date of effect unless\nthe notice is revoked by the director-general before that date.\n(2) The notice may, but need not, provide an opportunity for the person\nto make representations about why the proposed action should not be\ntaken.\n(3) The date of effect must not be earlier than 14 days after the notice is\ngiven to the person.\n","sortOrder":18},{"sectionNumber":"15D","sectionType":"section","heading":"Non-public servant analysts—suspension or cancellation","content":"15D Non-public servant analysts—suspension or cancellation\nof appointment\n(1) This section applies to a person who is not a public servant and who\nis appointed as an analyst.\n(2) The director-general may suspend the person’s appointment for no\nlonger than 1 year, or cancel the person’s appointment, (the proposed\naction) if satisfied, on reasonable grounds, that—\n(a) the person has breached a condition of the person’s\nappointment; or\n(b) the person has otherwise contravened an Act mentioned in\nsection 15A (1) or another territory law under which the person\nexercises a function; or\n(c) the person is not a suitable person to hold the appointment\nbecause of misbehaviour or physical or mental incapacity.\nNote The person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\n(3) Before suspending or cancelling the appointment, the\ndirector-general must give the person a written notice—\n(a) stating the grounds on which the director-general proposes to\ntake the proposed action; and\n(b) stating the facts that, in the director-general’s opinion, establish\nthe grounds; and\n(c) stating the proposed action; and\n(d) telling the person that the person may, within 14 days beginning\nthe day after receiving the notice, give a written response to the\ndirector-general about the matters in the notice.\n(4) In deciding whether to suspend or cancel the appointment the\ndirector-general must consider any response given to the\ndirector-general under subsection (3) (d).\n(5) If the director-general is satisfied that grounds for taking action under\nthis section have been established, the director-general may—\n(a) if the proposed action was to cancel the appointment—either\ncancel the appointment or suspend the appointment for a period\nof not longer than 1 year; or\n(b) if the proposed action was to suspend the appointment for a\nstated period—suspend the appointment for a period of not\nlonger than that period.\n(6) The director-general must give the person written notice of the\ndirector-general’s decision.\n(7) The director-general’s decision takes effect on the day that notice of\nthe director-general’s decision is given to the person or, if the notice\nstates a later date of effect, that date.\n\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Identity cards","content":"16 Identity cards\n(1) The director-general must issue to an officer an identity card\nspecifying the officer’s name and office, and on which appears a\nrecent photograph of the officer.\n(2) Upon ceasing to occupy, or to act in, an office, a person must not,\nwithout reasonable excuse, fail to return the person’s identity card to\nthe director-general.\nMaximum penalty: 1 penalty unit.\noffice means the following offices:\n(a) chief health officer;\n(b) public health officer;\n(c) authorised medical officer;\n(d) analyst.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Protection from liability","content":"17 Protection from liability\n(1) In this section:\nofficial means—\n(a) the Minister; or\n(b) the chief health officer; or\n(c) an authorised officer; or\n(d) anyone else exercising functions under this Act.\n(2) An official does not incur civil or criminal liability for an act or\nomission done honestly and without negligence for this Act.\n(3) A civil liability that would, apart from this section, attach to an\nofficial attaches instead to the Territory.\n\nGeneral Division 3.1\n","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Public health risk activities and","content":"Part 3 Public health risk activities and\npublic health risk procedures\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Public health risk activities and procedures—declaration","content":"18 Public health risk activities and procedures—declaration\n(1) The Minister may declare an activity that may result in the\ntransmission of disease, or that may otherwise adversely affect the\nhealth of individuals in the context of the wider health of the\ncommunity, to be a public health risk activity.\nExample\nThe Minister could, under subsection (1), declare as a public health risk activity the\noperation of a health care facility (including a hospital, day surgery or clinic where\nsurgical procedures may be conducted or medical treatment may be provided).\n(2) A declaration under this section may, in relation to a public health\nrisk activity, declare 1 or more procedures in relation to that activity\nto be public health risk procedures.\n(3) A declaration must indicate—\n(a) for a declared public health risk activity—whether the activity\nis licensable, non-licensable or registrable; and\n(b) for a declared public health risk procedure—whether the\nprocedure is licensable or non-licensable.\n(4) A declaration that an activity is a registrable public health risk activity\nmay indicate that the activity is location-specific.\n\n(5) A registrable public health risk activity that is location-specific is\nregistrable separately—\n(a) for each premises where it is carried on; or\n(b) if it is carried on at more than 1 location on particular\npremises—for each such location.\nNote 1 A licence is required to carry on a public health risk activity or procedure\nthat is declared to be licensable (see s 21 and s 42C), subject to the\nexemptions in s 22 and s 42D.\nNote 2 A licence is not required to carry on a public health risk activity or\nprocedure that is declared to be non-licensable.\nNote 3 A licence is not required to carry on a public health risk activity that is\ndeclared to be registrable. However, a person must be registered to carry\non a registrable public health risk activity (see s 56C), and a\nlocation-specific registrable activity (see s 18 (4)) may only be carried on\nat a location that is registered for the activity (see s 56C (2)).\n(6) A declaration under this section is a disallowable instrument.\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Compliance with codes of practice","content":"20 Compliance with codes of practice\n(1) A person carrying on a public health risk activity must not, without\nreasonable excuse, fail to comply with a code of practice in relation\nto that activity.\n\n(2) A person performing a public health risk procedure must not, without\nreasonable excuse, fail to comply with a code of practice in relation\nto that procedure.\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Activity licences—offences","content":"21 Activity licences—offences\n(1) A person must not carry on a licensable public health risk activity\nunless the person—\n(a) holds an activity licence for the activity; or\n(b) is a defined influential person in relation to the holder of an\nactivity licence for the activity.\n(2) A person must not carry on a licensable public health risk activity\nexcept in accordance with an activity licence.\n(3) This section does not apply to a person who is exempt under\nsection 22.\n\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Exemption from licensing requirement—activity","content":"22 Exemption from licensing requirement—activity\naccreditation schemes\n(1) For section 21 (3), a person who carries on a licensable public health\nrisk activity is exempt from the requirement to be licensed if—\n(a) the person is accredited under an activity accreditation scheme\nfor the activity; and\n(b) the person has not, during the previous year, contravened the\nactivity accreditation standards for the scheme (as modified, if\nat all, under section 23); and\n(c) the person carrying on the activity, or a defined influential\nperson in relation to the person, has not, during the previous\nyear, contravened this Act or a corresponding public health risk\nlaw.\n(2) The Minister may determine—\n(a) activity accreditation schemes for licensable public health risk\nactivities; and\n(b) activity accreditation standards for activity accreditation\nschemes.\n\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Activity accreditation standards—modification","content":"23 Activity accreditation standards—modification\n(1) A person who carries on a licensable public health risk activity for\nwhich there is an activity accreditation scheme may apply to the\nMinister for a modification of the activity accreditation standards for\nthe scheme as they apply to the person.\nnotice to the person, make the modification of the standards sought\nby the person unless satisfied that to do so would be likely to lead to\na significantly increased risk to public health in the carrying on of the\nlicensable public health risk activity\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Alteration of premises and appliances—offence","content":"24 Alteration of premises and appliances—offence\n(1) A person who carries on a licensable public health risk activity must\nnot, except in accordance with an approval under section 25, make an\nactivity premises alteration or a procedure appliance alteration if the\nalteration would increase the public health risk associated with the\nactivity.\n(2) For subsection (1), an activity premises alteration or a procedure\nappliance alteration is taken to increase the public health risk\nassociated with a public health risk activity if there are reasonable\ngrounds for the person who carries on the activity to believe that the\nalteration would increase the risk (irrespective of the person’s actual\nbelief).\n\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Alteration of premises and appliances—approval","content":"25 Alteration of premises and appliances—approval\n(1) A person who carries on a licensable public health risk activity may\napply to the Minister for approval of an activity premises alteration\nor procedure appliance alteration.\nnotice to the person, approve the activity premises or procedure\nappliance alteration unless satisfied that to do so would be likely to\nlead to a significantly increased risk to public health in the carrying\non of the licensable public health risk activity.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Activity licence—application","content":"29 Activity licence—application\n(1) A person may apply to the Minister for a licence to carry on a public\nhealth risk activity.\n(a) be signed by the applicant; and\n(b) specify the public health risk activity; and\n(c) specify the premises on or from which the applicant intends to\ncarry on the public health risk activity; and\n(d) subject to subsection (3), in the case of existing premises, be\naccompanied by a sketch plan of the premises showing—\n(i) the layout of all fixtures, fittings, appliances and any other\nequipment installed in the premises; and\n(ii) the area, or each area forming part of the premises that will\nbe used for the purposes of the public health risk activity,\nand the use to which it will be put; and\n\n(e) for premises that, at the date of the application, have not been\ncompleted or are being altered—be accompanied by a copy of\nthe relevant plans and specifications.\n(3) Subsection (2) (d) does not apply where—\n(a) another person named in the application is the holder of an\nactivity licence in relation to a public health risk activity carried\non at the premises; and\n(b) the applicant intends to carry on the same public health risk\nactivity at those premises; and\n(c) the applicant states that there has been no change in any matter\nrequired to be shown in a sketch plan by subsection (2) (d) since\nthe latest of the following dates:\n(i) the date of the last presentation of a sketch plan of the\npremises under that paragraph;\n(ii) the date of the last approval by the Minister of an alteration\nof the premises under section 27 (1) (b).\n(4) The Minister may, by written notice, require the applicant to provide\nspecified further information in writing about the application.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Activity licence—grant or refusal","content":"30 Activity licence—grant or refusal\n(1) Where an application for an activity licence has been made in\naccordance with section 29, the Minister must, subject to this section,\nby notice in writing to the applicant—\n(a) grant the licence; or\n(b) refuse to grant the licence.\n(2) An activity licence may be granted subject to specified conditions.\n\n(3) An activity licence must not be granted in respect of premises that, at\nthe date of the application, had not been completely constructed, or\nwere being altered, until the Minister is satisfied that the construction\nof the premises, or the alterations, have been completed.\n(4) For the purposes of making a decision under subsection (1) or (2), the\n(a) the suitability of the premises for the purpose of carrying on the\npublic health risk activity;\n(b) the competence and experience of the applicant, and of any\ndefined influential person in relation to the applicant;\n(c) the adequacy of the applicant’s equipment for the carrying on or\nperformance in accordance with any applicable code of practice\nof the public health risk activity or of any associated public\nhealth risk procedure;\n(d) any previous contravention by the applicant or any defined\ninfluential person in relation to the applicant of this Act or a\ncorresponding public health risk law;\n(e) the potential public health risks associated with the proposed\nactivity;\n(f) any other matters that, in the interests of public health, the\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Activity licence—form","content":"31 Activity licence—form\nAn activity licence must state the following:\n(a) the name of the licensee;\n(b) the licensed public health risk activity;\n(c) the licensed premises;\n(d) the term for which the licence is granted;\n(e) any conditions to which the licence is subject.\n\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Activity licence—duration","content":"32 Activity licence—duration\nAn activity licence remains in force, except while it is suspended,\nuntil it is surrendered or cancelled, for the period specified on the\nlicence, and may be renewed under section 33.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Activity licence—renewal","content":"33 Activity licence—renewal\n(1) The holder of an activity licence may, before the expiration of the\nterm of the licence, apply to the Minister for its renewal.\n(2) An application for the renewal of an activity licence must be in\nwriting signed by the licensee.\n(3) On application under this section, the Minister must renew the licence\nfor a period of the same length as the current term of the licence.\n(4) A suspended activity licence may be renewed, but the renewal does\nnot result in the suspension being lifted.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Activity licence—variation","content":"34 Activity licence—variation\n(1) On application by the holder of an activity licence, the Minister must,\nif satisfied that it is not prejudicial to the interests of public health to\ndo so, by notice in writing to the licensee, vary the licence\naccordingly.\n(2) Where the Minister has reasonable grounds for believing that it is\ndesirable to vary an activity licence in the interests of public health,\nthe Minister must give the licensee a written notice—\n(a) stating the reasons why the Minister intends to vary the licence;\nand\n(b) informing the licensee that the licensee may, within a specified\nperiod, give a written response to the Minister in relation to the\nmatters stated in the notice.\n\n(3) After the expiration of the period specified in a notice under\nsubsection (2) (b), and after taking into consideration any response\ngiven by the licensee, the Minister may, if satisfied on reasonable\ngrounds that it is desirable to do so in the interests of public health,\nvary the licence by notice in writing to the licensee.\n(4) After the expiration of the period specified in a notice under\nsubsection (2) (b), the Minister must, if satisfied that it is not desirable\nto vary the licence, give written notice to the licensee to that effect.\n(5) The variation of a licence takes effect on—\n(a) the date on which notice of the variation is given to the licensee;\nor\n(b) such later date as is specified in the notice of variation.\nlicence includes a suspended licence.\nvary, in relation to a licence, includes—\n(a) vary a licence condition; and\n(b) revoke a licence condition; and\n(c) impose a licence condition; and\n(d) vary the term of the licence.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Activity licence—return for endorsement of variation","content":"35 Activity licence—return for endorsement of variation\n(1) The holder of an activity licence that has been varied must not,\nwithout reasonable excuse, fail to return the licence to the Minister\nwithin 7 days after the date of effect of the variation.\n(2) As soon as practicable after the return of a licence under\nsubsection (1), the Minister must endorse the variation on the licence\nand return it to the licensee.\n\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Activity licence—application for transfer","content":"36 Activity licence—application for transfer\n(1) The holder of an activity licence (except a licence that is under\nsuspension) and a person to whom it is proposed to transfer the\nlicence may jointly apply for the transfer of the licence.\n(2) An application must be—\n(a) signed by each joint applicant; and\n(b) accompanied by the licence.\n(3) The Minister may, by written notice, require the proposed transferee\nto provide specified further information in writing about the\napplication.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Activity licence—grant or refusal of transfer","content":"37 Activity licence—grant or refusal of transfer\n(1) Where an application for the transfer of an activity licence has been\nmade in accordance with section 36, the Minister must, subject to this\nsection, by notice in writing to each applicant—\n(a) approve the transfer; or\n(b) refuse to approve the transfer.\n(2) In association with the transfer of a licence, the Minister may vary the\nterm of the licence.\n(3) For the purposes of making a decision under subsection (1) or (2), the\n(a) the competence and experience of the proposed transferee and\nof any defined influential person in relation to the proposed\ntransferee;\n(b) the adequacy of the equipment proposed to be used by the\nproposed transferee for the carrying on or performance in\naccordance with any applicable code of practice of the public\nhealth risk activity or of any associated public health risk\nprocedure;\n\n(c) any previous contravention by the proposed transferee or any\ndefined influential person in relation to the proposed transferee\nwith this Act or a corresponding public health risk law;\n(d) any other matters that, in the interests of public health, the\n(4) The transfer of a licence takes effect on the date of receipt by the\ntransferee of the notice of decision under subsection (1), or on such\nlater date as is specified in the notice.\n(5) The Minister must return a licence that is the subject of an application\nfor transfer—\n(a) if the application is approved—to the proposed transferee,\nunless a delay in the transfer’s coming into effect makes it more\nconvenient to return the licence to the existing licensee; or\n(b) in any other case—to the existing licensee;\ntogether with the notice of decision.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Activity licence—surrender","content":"38 Activity licence—surrender\n(1) The holder of an activity licence may surrender the licence by giving\nto the Minister—\n(a) a signed notice that the licence is being surrendered; and\n(b) the licence.\n(2) A licence that is under suspension may be surrendered under this\nsection.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Activity licence—suspension and cancellation","content":"39 Activity licence—suspension and cancellation\n(1) The grounds for the suspension or cancellation of an activity licence\nunder this section are as follows:\n(a) the obtaining of the licence by fraud or misrepresentation;\n\n(b) the contravention by the licensee or any defined influential\nperson in relation to the licensee of this Act or a corresponding\npublic health risk law;\n(c) the lack of competence of the licensee or of any defined\ninfluential person in relation to the licensee.\n(2) This section applies where the Minister has reasonable grounds for\nbelieving that—\n(a) there exists a ground for the suspension or the cancellation of an\nactivity licence under this section; and\ncancel the licence.\n(3) Where this section applies, the Minister must give written notice to\nthe licensee—\n(a) specifying the ground upon which the Minister intends to\nsuspend or cancel the licence; and\n(b) stating the facts and circumstances that, in the Minister’s\nopinion, constitute that ground; and\n(c) informing the licensee that the licensee may, within 28 days\nafter the date of the notice, give a written response to the\nMinister in relation to the matters stated in the notice.\n(4) After the expiration of 28 days after the date of a notice under\nsubsection (3), in consideration of any written response received from\nthe licensee, the Minister must, if satisfied on reasonable grounds of\nthe matters referred to in subsection (2) (a) and (b), by notice in\nwriting to the licensee—\n(a) in the case of a notice of intention to suspend the licence for a\nspecified period—suspend the licence for that period, or for such\nshorter period as the Minister thinks fit; or\n\n(b) in the case of a notice of intention to cancel the licence—cancel\nthe licence or suspend it for such period as the Minister thinks\nfit.\n(5) After the expiration of 28 days after the date of a notice under\nsubsection (3), the Minister must, if not satisfied on reasonable\ngrounds of the matters referred to in subsection (2) (a) and (b), give\nwritten notice to the licensee to that effect.\n(6) The suspension or cancellation of a licence takes effect on—\n(a) the date on which notice of the suspension or cancellation is\ngiven to the licensee; or\n(b) such later date as is specified in the notice.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Activity licence—emergency suspension","content":"40 Activity licence—emergency suspension\n(1) The grounds for the suspension of an activity licence under this\nsection are as follows:\n(a) contravention by the licensee or any defined influential person\nin relation to the licensee of a condition to which the licence is\nsubject;\n(b) subject to section 41, the giving of a prohibition notice to the\nlicensee.\n(2) The Minister may, by notice in writing given to the holder of an\nactivity licence, suspend the licence for a period not exceeding\n6 months where the Minister has reasonable grounds for believing\n(a) there exists a ground for the suspension of a licence under this\nsection; and\n(b) it is necessary to suspend the licence in order to prevent or\nremove an imminent serious risk to public health.\n(3) A suspension takes effect on the date on which the notice is given to\nthe licensee.\n\n(4) A notice of suspension must—\n(a) specify the ground upon which the licence is suspended; and\n(b) specify the period of the suspension; and\n(c) state the facts and circumstances that, in the Minister’s opinion,\nconstitute that ground.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Activity licence—automatic suspension","content":"41 Activity licence—automatic suspension\n(1) An activity licence is suspended by virtue of this subsection where an\nauthorised officer gives the licensee a prohibition notice that contains\na prohibition under section 61 (4) (a) in relation to the licensed\nactivity.\n(2) A suspension under this section—\n(a) takes effect—\n(i) at the expiry of the period, or the latest-expiring period,\nspecified in the prohibition notice under section 61 (5) (f);\nor\n(ii) if no such period is specified—when the notice is given;\nand\n(b) ceases when the prohibition notice is revoked.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Activity licence—return of defunct licences","content":"42 Activity licence—return of defunct licences\nThe holder of an activity licence that has been suspended or cancelled\nmust not, without reasonable excuse, fail to return the licence to the\nMinister within 7 days after the date of effect of the suspension or\ncancellation.\n\n","sortOrder":43},{"sectionNumber":"42A","sectionType":"section","heading":"Licensable public health risk activities—false","content":"42A Licensable public health risk activities—false\nrepresentation\n(1) A person who is not the holder of an activity licence must not\nrepresent that the person holds an activity licence.\n(2) The holder of an activity licence that is suspended must not represent\nthat the licence is held without disclosing that the licence is\n(3) A person who is not accredited under an activity accreditation scheme\nmust not falsely represent that the person is accredited.\n","sortOrder":44},{"sectionNumber":"42B","sectionType":"section","heading":"Licensable public health risk activities—inspection","content":"42B Licensable public health risk activities—inspection\nA person who carries on a licensable public health risk activity must\nensure that—\n(a) if the person holds an activity licence—the licence is available\nfor inspection by an authorised officer, at any reasonable time,\nat the premises where the activity is carried on; and\n\n(b) all records reasonably relevant to the activity (including records\nof licensing, conduct, accreditation and approval of activity\npremises alterations and procedure appliance alterations) are\navailable for inspection by an authorised officer, at any\nreasonable time, at the premises where the activity is carried on.\n","sortOrder":45},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 Licensable public health risk","content":"Division 3.3 Licensable public health risk\nprocedures\n","sortOrder":46},{"sectionNumber":"42C","sectionType":"section","heading":"Procedure licences—offences","content":"42C Procedure licences—offences\n(1) A person must not perform a licensable public health risk procedure\nunless the person holds a procedure licence for the procedure.\n(2) A person must not perform a licensable public health risk procedure\nexcept in accordance with a procedure licence.\n(3) This section does not apply to a person who is exempt under\nsection 42D.\n","sortOrder":47},{"sectionNumber":"42D","sectionType":"section","heading":"Exemption from licensing requirement—procedure","content":"42D Exemption from licensing requirement—procedure\naccreditation schemes\n(1) For section 42C (3), a person who performs a licensable public health\nrisk procedure is exempt from the requirement to be licensed if—\n(a) the person is accredited in accordance with a procedure\naccreditation scheme for the activity; and\n(b) the person has not, during the previous year, contravened the\nprocedure accreditation standards for the scheme (as modified,\nif at all, under section 42E); and\n\n(c) the person has not, during the previous year, contravened this\nAct or a corresponding public health risk law.\n(2) The Minister may determine—\n(a) procedure accreditation schemes for licensable public health\nrisk procedures; and\n(b) procedure accreditation standards for procedure accreditation\nschemes.\n","sortOrder":48},{"sectionNumber":"42E","sectionType":"section","heading":"Procedure accreditation standards—modification","content":"42E Procedure accreditation standards—modification\n(1) A person who performs a licensable public health risk procedure for\nwhich there is a procedure accreditation scheme may apply to the\nMinister for a modification of the procedure accreditation standards\nfor the scheme as they apply to the person.\nnotice to the person, make the modification to the standards sought\nby the person unless satisfied that to do so would be likely to lead to\na significantly increased risk to public health in the performance of\nthe licensable public health risk procedure.\n\n","sortOrder":49},{"sectionNumber":"42F","sectionType":"section","heading":"Alteration of appliances—offence","content":"42F Alteration of appliances—offence\n(1) A person who performs a licensable public health risk procedure must\nnot, except in accordance with an approval under section 42G, make\na procedure appliance alteration if the alteration would increase the\npublic health risk associated with the procedure.\n(2) For subsection (1), a procedure appliance alteration is taken to\nincrease the public health risk associated with a public health risk\nprocedure if there are reasonable grounds for the person who\nperforms the procedure to believe that the alteration would increase\nthe risk (irrespective of the person’s actual belief).\n","sortOrder":50},{"sectionNumber":"42G","sectionType":"section","heading":"Alteration of appliances—approval","content":"42G Alteration of appliances—approval\n(1) A person who performs a licensable public health risk procedure may\napply to the Minister for approval of a procedure appliance alteration.\nnotice to the person, approve the procedure appliance alteration\nunless satisfied that to do so would be likely to lead to a significantly\nincreased risk to public health in the performance of the licensable\npublic health risk procedure.\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Procedure licence—application","content":"43 Procedure licence—application\n(1) A person may apply to the Minister for a licence to perform a public\nhealth risk procedure.\n(a) be signed by the applicant; and\n\n(b) state the public health risk procedure.\n","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Procedure licence—further information","content":"44 Procedure licence—further information\nThe Minister may, by written notice, require an applicant for a\nprocedure licence to provide specified further information in writing\nabout the application.\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Procedure licence—grant or refusal","content":"45 Procedure licence—grant or refusal\n(1) Where an application for a procedure licence has been made in\naccordance with section 43, the Minister must, by notice in writing to\nthe applicant—\n(a) grant the licence; or\n(b) refuse to grant the licence.\n(2) The Minister must not refuse to grant a procedure licence unless\nsatisfied, after taking into account the matters referred to in\nsubsection (4), that the applicant is not suitable to hold a procedure\nlicence.\n(3) A procedure licence may be granted subject to specified conditions.\n(4) For the purposes of making a decision under subsection (1) or (3), the\n(a) the competence and experience of the applicant;\n(b) any previous contravention by the applicant of this Act or a\ncorresponding public health risk law;\n(c) any other matters that, in the interests of public health, the\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Procedure licence—form","content":"46 Procedure licence—form\nA procedure licence must state—\n(a) the name of the licensee; and\n\n(b) the licensed public health risk procedure; and\n(c) any conditions to which the licence is subject.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Procedure licence—annual fees","content":"47 Procedure licence—annual fees\nThe holder of a procedure licence must, on or before the anniversary\nof the grant of the licence, pay to the Minister the fee determined\nunder section 137 (Determination of fees) for this section.\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Procedure licence—suspension and cancellation for","content":"48 Procedure licence—suspension and cancellation for\nfailure to pay annual fee\n(1) Where a fee payable under section 47 is not paid in accordance with\nthat section, the licence is, by virtue of this subsection, suspended.\n(2) A suspension under subsection (1)—\n(a) takes effect on the day after the relevant anniversary of the grant\nof the licence; and\n(b) ceases when the fee payable under section 47 is paid or the\nlicence is cancelled under subsection (3) of this section,\nwhichever first occurs.\n(3) On or after the day notified under subsection (4), the Minister may\ncancel a licence that has remained suspended by virtue of\nsubsection (2) for a period of not less than 3 months.\n(4) The Minister must not cancel a licence under subsection (3) unless,\nat least 1 month before doing so, the Minister gives the licensee a\nwritten notice stating that unless the appropriate fee is paid, the\nlicence may be cancelled on or after a specified day.\n(5) Where a licence that is under suspension by virtue of another section\nof this Act (the other suspension)—\n(a) is also under suspension by virtue of subsection (1) (this\nsuspension); and\n\n(b) this suspension ceases by virtue of subsection (2) (b);\nthe cessation of this suspension does not affect the other suspension.\nlicence includes a licence that is under suspension under another\nsection of this Act.\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Procedure licence—variation","content":"49 Procedure licence—variation\n(1) On application by the holder of a procedure licence, the Minister\nmust, if satisfied that it is not prejudicial to the interests of public\nhealth to do so, vary the licence accordingly by notice in writing given\nto the licensee.\n(2) Where the Minister has reasonable grounds for believing that it is\ndesirable to vary a procedure licence in the interests of public health,\nthe Minister must give the licensee a written notice—\n(a) stating the reasons why the Minister intends to vary the licence;\nand\n(b) informing the licensee that the licensee may, within a specified\nperiod, give a written response to the Minister in relation to the\nmatters stated in the notice.\n(3) After the expiration of the period specified in a notice under\nsubsection (2) (b), and after taking into consideration any response\ngiven by the licensee, the Minister may, if satisfied on reasonable\ngrounds that it is desirable to do so in the interests of public health,\nvary the licence, by notice in writing to the licensee.\n(4) After the expiration of the period specified in a notice under\nsubsection (2) (b), the Minister must, if satisfied that it is not desirable\nto vary the licence, give written notice to the licensee to that effect.\n(5) The variation of a licence takes effect on—\n(a) the date on which notice of the variation is given to the licensee;\nor\n\n(b) such later date as is specified in the notice of variation.\nlicence includes a suspended licence.\nvary, in relation to a licence, includes—\n(a) vary a licence condition; and\n(b) revoke a licence condition; and\n(c) impose a licence condition.\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Procedure licence—return for endorsement of variation","content":"50 Procedure licence—return for endorsement of variation\n(1) The holder of a procedure licence that has been varied must not,\nwithout reasonable excuse, fail to return the licence to the Minister\nwithin 7 days after the date of effect of the variation.\n(2) As soon as practicable after the return of a licence under\nsubsection (1), the Minister must endorse the variation on the licence\nand return it to the licensee.\n","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Procedure licence—duration","content":"51 Procedure licence—duration\nA procedure licence remains in force, except while it is suspended,\nuntil it is surrendered or cancelled.\n","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Procedure licence—surrender","content":"52 Procedure licence—surrender\n(1) The holder of a procedure licence may surrender the licence by giving\nto the Minister—\n(a) a signed notice that the licence is being surrendered; and\n(b) the licence.\n(2) A licence that is under suspension may be surrendered under this\nsection.\n\n","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Procedure licence—suspension and cancellation","content":"53 Procedure licence—suspension and cancellation\n(1) The grounds for the suspension or cancellation of a procedure licence\nunder this section are as follows:\n(a) the obtaining of the licence by fraud or misrepresentation;\n(b) contravention by the licensee of this Act or of a corresponding\npublic health risk law;\n(c) the lack of competence of the licensee.\n(2) This section applies where the Minister has reasonable grounds for\nbelieving that—\n(a) there exists a ground for the suspension or cancellation of a\nprocedure licence under this section; and\ncancel the licence.\n(3) Where this section applies, the Minister must give written notice to\nthe licensee—\n(a) specifying the ground upon which the Minister intends to\nsuspend or cancel the licence; and\n(b) stating the facts and circumstances that, in the Minister’s\nopinion, constitute that ground; and\n(c) informing the licensee that the licensee may, within 28 days\nafter the date of the notice, give a written response to the\nMinister in relation to the matters stated in the notice.\n\n(4) After the expiration of 28 days after the date of a notice under\nsubsection (3), in consideration of any written response received from\nthe licensee, the Minister must, if satisfied on reasonable grounds of\nthe matters referred to in subsection (2) (a) and (b), by notice in\nwriting to the licensee—\n(a) in the case of a notice of intention to suspend the licence for a\nspecified period—suspend the licence for that period, or for such\nshorter period as the Minister thinks fit; or\n(b) in the case of a notice of intention to cancel the licence—cancel\nthe licence or suspend it for such period as the Minister thinks\nfit.\n(5) After the expiration of 28 days after the date of a notice under\nsubsection (3), the Minister must, if not satisfied on reasonable\ngrounds of the matters referred to in subsection (2) (a) and (b), give\nwritten notice to the licensee of the Minister’s decision not to suspend\nor cancel the licence.\n(6) The suspension or cancellation of a licence takes effect on—\n(a) the date on which notice of the suspension or cancellation is\ngiven to the licensee; or\n(b) such later date as is specified in the notice.\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Procedure licence—emergency suspension","content":"54 Procedure licence—emergency suspension\n(1) The grounds for the suspension of a procedure licence under this\nsection are as follows:\n(a) contravention by the licensee of a condition to which the licence\nis subject;\n(b) subject to section 55, the giving of a prohibition notice to the\nlicensee.\n\n(2) The Minister may, by notice in writing given to the holder of a\nprocedure licence, suspend the licence for a period not exceeding\n6 months where the Minister has reasonable grounds for believing\n(a) there exists a ground for the suspension of a licence under this\nsection; and\n(b) it is necessary to suspend the licence in order to prevent or\nremove an imminent serious risk to public health.\n(3) A suspension takes effect on the date on which the notice is given to\nthe licensee.\n(4) A notice of suspension must—\n(a) specify the ground upon which the licence is suspended; and\n(b) specify the period of the suspension; and\n(c) state the facts and circumstances that, in the Minister’s opinion,\nconstitute that ground.\n","sortOrder":63},{"sectionNumber":"55","sectionType":"section","heading":"Procedure licence—automatic suspension","content":"55 Procedure licence—automatic suspension\n(1) A procedure licence is suspended by virtue of this subsection where\nan authorised officer gives the licensee a prohibition notice that\ncontains a prohibition under section 61 (4) (a) in relation to the\nlicensed procedure.\n(2) A suspension under this section—\n(a) takes effect—\n(i) at the expiry of the period, or the latest-expiring period,\nspecified in the prohibition notice under section 61 (5) (f);\nor\n(ii) if no such period is specified—when the notice is given;\nand\n(b) ceases when the prohibition notice is revoked.\n\n","sortOrder":64},{"sectionNumber":"56","sectionType":"section","heading":"Procedure licence—return of defunct licences","content":"56 Procedure licence—return of defunct licences\nThe holder of a procedure licence that has been suspended or\ncancelled must not, without reasonable excuse, fail to return the\nlicence to the Minister within 7 days after the date of effect of the\nsuspension or cancellation.\n","sortOrder":65},{"sectionNumber":"56A","sectionType":"section","heading":"Licensable public health risk procedures—false","content":"56A Licensable public health risk procedures—false\nrepresentation\n(1) A person who is not the holder of a procedure licence must not\nrepresent that the person holds a procedure licence.\n(2) The holder of a procedure licence that is suspended must not represent\nthat the licence is held without disclosing that the licence is\n(3) A person who is not accredited under a procedure accreditation\nscheme must not falsely represent that the person is accredited.\n","sortOrder":66},{"sectionNumber":"56B","sectionType":"section","heading":"Procedure licence—inspection","content":"56B Procedure licence—inspection\nA person who performs a licensable public health risk procedure must\nensure that—\n(a) if the person holds a procedure licence—the licence is available\nfor inspection by an authorised officer, at any reasonable time,\nat the premises where the procedure is performed; and\n\n(b) all records reasonably relevant to the procedure (including\nrecords of licensing, conduct, accreditation and approval of\nprocedure appliance alterations) are available for inspection by\nan authorised officer, at any reasonable time, at the premises\nwhere the procedure is performed.\nDivision 3.4 Registration of public health risk\nactivities\n","sortOrder":67},{"sectionNumber":"56C","sectionType":"section","heading":"Registrable public health risk activities—offences","content":"56C Registrable public health risk activities—offences\n(1) A person must not carry on a registrable public health risk activity\nunless the person—\n(a) is registered to carry on the activity; or\n(b) is a defined influential person in relation to a person who is\nregistered to carry on the activity.\n(2) If a person is registered to carry on a location-specific public health\nrisk activity, the person must not carry on the activity except at the\nregistered location.\n","sortOrder":68},{"sectionNumber":"56D","sectionType":"section","heading":"Activity register","content":"56D Activity register\n(1) The Minister must keep a register of registrable public health risk\nactivities (the activity register) showing the following information for\neach activity:\n(a) the nature of the activity, and whether the activity is\nlocation-specific;\n(b) the date of its declaration under section 18;\n\n(c) if the declaration is varied—the date and nature of the variation;\n(d) if the declaration is revoked—the date of revocation.\n(2) The register may be kept in electronic form.\n(3) The Minister must ensure that the register is available for public\ninspection (at no cost) during normal business hours on business days.\n","sortOrder":69},{"sectionNumber":"56E","sectionType":"section","heading":"Registered people register","content":"56E Registered people register\n(1) The Minister must keep a register of registered people (the registered\npeople register) showing the following information for each person:\n(a) the information on the person’s registration certificate\n(as varied, if at all, under this division);\n(b) if the registration is transferred—details of the transfer;\n(c) if the registration is suspended—the date of suspension, a brief\nindication of the reasons for suspension and the date of lifting of\nthe suspension (if applicable);\n(d) if the registration is cancelled—the date of cancellation and a\nbrief indication of the reasons for cancellation;\n(e) if the registration is surrendered—the date of surrender.\n(2) The register may be kept in electronic form.\n(3) The Minister must ensure that the register is available for public\ninspection (at no cost) during normal business hours on business days.\n","sortOrder":70},{"sectionNumber":"56F","sectionType":"section","heading":"Registration—application","content":"56F Registration—application\n(1) A person may apply to the Minister for registration to carry on a\nregistrable public health risk activity.\n(2) The Minister may, by written notice, require the applicant to provide\n\n","sortOrder":71},{"sectionNumber":"56G","sectionType":"section","heading":"Registration—grant or refusal","content":"56G Registration—grant or refusal\n(1) If—\n(a) a person applies to the Minister under section 56F for\nregistration to carry on a registrable public health risk activity;\nand\n(b) the person complies with that section;\nthe Minister must register the person by giving the person a\nregistration certificate unless subsection (2) or (3) applies.\n(2) The Minister must refuse to register the person if the person, or a\ndefined influential person in relation to the person, has previously\ncontravened this Act or a corresponding public health risk law, unless\nthe Minister is satisfied on reasonable grounds that any similar\ncontravention by the person, or a defined influential person in relation\nto the person, is not likely to recur.\n(3) The Minister must refuse to register the person if the registration of\nthe person, or a defined influential person in relation to the person, to\ncarry on the registrable public health risk activity (whether at the\nlocation or locations applied for, or elsewhere) has been cancelled\nduring the previous year, or is under suspension at the time of the\napplication.\n","sortOrder":72},{"sectionNumber":"56H","sectionType":"section","heading":"Registration—certificate","content":"56H Registration—certificate\nA registration certificate must include the following information:\n(a) the name of the registered person;\n(b) the nature of the registered activity (and whether it is\nlocation-specific);\n\n(c) the location for which the activity is registered, including the\naddress of the premises (or each premises), and the precise\nlocation on the premises, where the activity is authorised to be\ncarried on;\n(d) the period for which registration is granted;\n(e) the name and address of the owner of the registered premises (or\neach registered premises);\n(f) the name and address of the manager of the registered premises\n(or each registered premises);\n(g) the name and address of the owner of the equipment associated\nwith the carrying on of the registered activity;\n(h) the name and address of the manager of the equipment\nassociated with the carrying on of the registered activity.\n","sortOrder":73},{"sectionNumber":"56J","sectionType":"section","heading":"Registration—duration","content":"56J Registration—duration\nRegistration is granted for the period stated in the registration\ncertificate, but may be renewed under section 56K.\n","sortOrder":74},{"sectionNumber":"56K","sectionType":"section","heading":"Registration—renewal","content":"56K Registration—renewal\n(1) A registered person may, before the end of the current period of\nregistration, apply to the Minister for renewal of the registration.\n(2) The application must be in writing signed by the registered person.\n(3) If the registered person complies with this section, the Minister must\nrenew the registration for a period of the same length as the current\nperiod of registration.\n(4) If the registration is suspended, it may be renewed, but the renewal\ndoes not result in the suspension being lifted.\n\n","sortOrder":75},{"sectionNumber":"56L","sectionType":"section","heading":"Registration—change of information","content":"56L Registration—change of information\n(1) A registered person (other than a person registered to carry on a\nlocation-specific registrable public health risk activity) must give the\nMinister written notice of a change to the registered location of the\nregistered activity (including any additional location) within 14 days\nafter the change.\n(2) The registered location of a location-specific registrable public health\nrisk activity may not be changed by notice under this section.\n(3) A registered person must give the Minister written notice of a change\nto the name or address of the owner or manager of the registered\npremises, or of the owner or manager of equipment associated with\nthe carrying on of the registered activity, within 14 days after the\nregistered person is first given notice of the change or otherwise\nbecomes aware of it.\n(4) If the Minister receives written notice of a change of information in a\nregistration certificate, the Minister must vary the registration\ncertificate accordingly.\n(5) The variation takes effect on the later of the following days:\n(a) the day when the change happens;\n(b) the day when the Minister was given written notice of the\nchange.\n\n","sortOrder":76},{"sectionNumber":"56M","sectionType":"section","heading":"Registration—application for approval of transfer","content":"56M Registration—application for approval of transfer\n(1) A registered person (except a person whose registration is\nsuspended), and a person to whom it is proposed to transfer the\nregistration, may jointly apply for approval of the transfer.\n(2) The application must be accompanied by the registration certificate.\n(3) The Minister may, by written notice, require the proposed transferee\nto provide stated additional information about the application.\n","sortOrder":77},{"sectionNumber":"56N","sectionType":"section","heading":"Registration—grant or refusal of transfer","content":"56N Registration—grant or refusal of transfer\n(1) If—\n(a) a registered person, and a person to whom it is proposed to\ntransfer the registration, jointly apply to the Minister under\nsection 56M for approval of the transfer of the registration; and\n(b) they comply with that section;\nthe Minister must approve the transfer unless subsection (2) or (3)\napplies.\n(2) The Minister must refuse to approve the transfer if the proposed\ntransferee, or a defined influential person in relation to the proposed\ntransferee, has previously contravened this Act or a corresponding\npublic health risk law, unless the Minister is satisfied on reasonable\ngrounds that any similar contravention by the proposed transferee, or\na defined influential person in relation to the proposed transferee, is\nnot likely to recur.\n(3) The Minister must refuse to approve the transfer if the registration of\nthe proposed transferee, or of a defined influential person in relation\nto the proposed transferee, to carry on the registrable public health\nrisk activity (whether at the location or locations applied for, or\nelsewhere) has been cancelled during the previous year, or is under\nsuspension at the time of the application.\n\n(4) The Minister must give written notice of the Minister’s decision on\nthe application to the registered person and the proposed transferee.\n(5) If the Minister approves the transfer of registration, the transfer takes\neffect on the day the proposed transferee is given written notice of the\ndecision or, if a later date of effect is stated in the notice, the stated\nday.\n(6) If the Minister approves the transfer of registration, the Minister may\nvary the registration period if the proposed transferee asks for it to be\nvaried.\n","sortOrder":78},{"sectionNumber":"56P","sectionType":"section","heading":"Registration—notified suspension and cancellation","content":"56P Registration—notified suspension and cancellation\n(1) The grounds for the suspension or cancellation under this section (the\nnotified suspension or cancellation) of a registration are as follows:\n(a) the obtaining of the registration by fraud or misrepresentation;\n(b) the contravention of this Act or a corresponding public health\nrisk law by the registered person or any defined influential\nperson in relation to the registered person.\n(2) This section applies if the Minister believes on reasonable grounds\n(a) there is a ground for notified suspension or cancellation of a\nregistration; and\ncancel the registration (the proposed action).\n(3) The Minister must give written notice to the registered person that—\n(a) states the proposed action, including any proposed suspension\nperiod; and\n(b) states the ground for the proposed action; and\n(c) states the facts and circumstances that, in the Minister’s opinion,\nconstitute the ground; and\n\n(d) invites the person to make written representations, within a\nstated period of at least 28 days after the person is given the\nnotice, why the proposed action should not be taken.\n(4) If, after considering any written representations made by the\nregistered person within the stated period, the Minister is satisfied on\nreasonable grounds that a ground exists for notified suspension or\ncancellation of the registration, the Minister may—\n(a) if the proposed action was to cancel the registration—either\ncancel the registration or suspend the registration for not longer\nthan 1 year; or\n(b) if the proposed action was to suspend the registration for a stated\nperiod—suspend the registration for not longer than the stated\n(5) The Minister must tell the registered person in writing of the decision.\n(6) If the Minister decides to cancel or suspend the registration, the\nMinister must also tell the person in writing when the cancellation or\nsuspension takes effect.\n(7) The cancellation or suspension must not take effect earlier than the\nday when the registered person is told about the decision.\n","sortOrder":79},{"sectionNumber":"56Q","sectionType":"section","heading":"Registration—automatic suspension (prohibition notice)","content":"56Q Registration—automatic suspension (prohibition notice)\n(1) Registration is automatically suspended if the registered activity is\nprohibited by a prohibition notice under section 61 (4) (a).\n(2) The suspension takes effect—\n(a) at the end of the period (if any) stated in the prohibition notice\nunder section 61 (5) (f); or\n(b) if no period is specified—when the prohibition notice is given.\n(3) The suspension ceases when the prohibition notice is revoked.\n\n","sortOrder":80},{"sectionNumber":"56R","sectionType":"section","heading":"Registration—return of suspended or cancelled","content":"56R Registration—return of suspended or cancelled\ncertificates\nA person whose registration is suspended or cancelled must not,\nwithout reasonable excuse, fail to return the registration certificate to\nthe Minister within 7 days after the date of effect of the suspension or\ncancellation.\n","sortOrder":81},{"sectionNumber":"56S","sectionType":"section","heading":"Registration—surrender","content":"56S Registration—surrender\n(1) A registered person may surrender registration by returning the\nregistration certificate to the Minister with a signed notice stating that\nthe registration is surrendered.\n(2) A registered person may surrender registration while the registration\nis suspended.\n","sortOrder":82},{"sectionNumber":"56T","sectionType":"section","heading":"Registration—false representation","content":"56T Registration—false representation\n(1) A person other than a registered person must not represent that the\nperson is a registered person.\n(2) A person whose registration is suspended must not represent that the\nperson is registered without disclosing that the registration is\n","sortOrder":83},{"sectionNumber":"56U","sectionType":"section","heading":"Registration—inspection","content":"56U Registration—inspection\nA registered person must ensure that—\n(a) the registration certificate is available for inspection by an\nauthorised officer, at any reasonable time, at premises where the\nregistered activity is carried on; and\n\nImprovement notices Division 3.6\n(b) any records associated with the registration or conduct of the\nregistered activity are available for inspection by an authorised\nofficer, at any reasonable time, at premises where the activity is\ncarried on.\n","sortOrder":84},{"sectionNumber":"57","sectionType":"section","heading":"Improvement notice—compliance","content":"57 Improvement notice—compliance\nA person to whom an improvement notice is issued must not, without\nreasonable excuse, fail to comply with the notice.\n","sortOrder":85},{"sectionNumber":"58","sectionType":"section","heading":"Improvement notice—issue","content":"58 Improvement notice—issue\n(1) This section applies where an authorised officer has reasonable\ngrounds for believing that a person who is carrying on a public health\nrisk activity or performing a public health risk procedure is\ncontravening or likely to contravene this Act.\n(2) Where this section applies, the authorised officer may issue an\nimprovement notice to the person carrying on the activity or\nperforming the procedure, as the case may be.\n(3) If the person carrying on a public health risk activity to whom an\nimprovement notice is issued is not in charge of the premises where\nthat activity is carried on, the authorised officer must give a copy of\na notice under subsection (2) to the person in charge of those\npremises.\n\n(4) An improvement notice must specify the following matters:\n(a) the contravention that the authorised officer believes is\noccurring or is likely to occur and the reasons for that belief;\n(b) a period or periods within which the person to whom the notice\nis given is required to rectify the matters or activities to which\nthe notice relates.\n(5) An improvement notice may specify action that the person to whom\nthe notice is given is to take in order to comply with the notice.\n(6) An improvement notice continues in force until revoked in\naccordance with section 60.\n","sortOrder":86},{"sectionNumber":"59","sectionType":"section","heading":"Improvement notice—extension of compliance period","content":"59 Improvement notice—extension of compliance period\n(1) Before the end of a compliance period specified in an improvement\nnotice under section 58 (4) (b), an authorised officer may extend the\nimprovement notice was issued, or on the motion of the\nauthorised officer; and\n\n","sortOrder":87},{"sectionNumber":"60","sectionType":"section","heading":"Improvement notice—revocation","content":"60 Improvement notice—revocation\n(1) An authorised officer must revoke an improvement notice if satisfied,\nafter carrying out an appropriate inspection, that the notice has been\ncomplied with.\nto whom it was issued; and\n","sortOrder":88},{"sectionNumber":"61","sectionType":"section","heading":"Prohibition notice—issue","content":"61 Prohibition notice—issue\n(1) This section applies where an authorised officer has reasonable\ngrounds for believing that imminent serious risk to public health is\nbeing caused by, or is likely to be caused by—\n(a) the manner in which a public health risk activity is being carried\non, or a public health risk procedure is being performed; or\n(b) the use being made of premises on which a public health risk\nactivity is carried on; or\n\n(c) the state or condition of premises on which a public health risk\nactivity is carried on.\n(2) Where this section applies to a public health risk activity or a public\nhealth risk procedure, the authorised officer may issue a prohibition\nnotice to the person carrying on the activity or performing the\nprocedure.\n(3) If the person carrying on a public health risk activity, or performing\na public health risk procedure, to which a prohibition notice relates is\nnot in charge of the premises where that activity or procedure is\ncarried on or performed, the authorised officer must give a copy of a\nnotice under subsection (2) to the person in charge of those premises.\n(4) A prohibition notice may prohibit the person to whom it is issued\nfrom undertaking, or permitting, 1 or more of the following actions\nin relation to a public health risk activity or a public health risk\nprocedure:\n(a) the carrying on of the activity or the performance of the\nprocedure;\n(b) the carrying on of the activity or the performance of the\nprocedure except in accordance with specified directions;\n(c) the use of specified premises for the activity or procedure.\n(5) Without limiting the generality of subsection (4), a prohibition notice\nmay include 1 or more of the following directions in relation to a\npublic health risk activity or a public health risk procedure:\n(a) directions that the activity or procedure, or a specified aspect of\nthe activity or procedure, is only to be carried on or performed\nin a part of specified premises (or is not to be carried on or\nperformed in a part of such premises);\n(b) directions that any substance, compound or article is, or is not,\nto be used in connection with the activity or procedure;\n\n(c) directions that the activity or procedure be carried on or\nperformed in a specified manner;\n(d) directions for the impounding or isolation of any appliance;\n(e) directions for the destruction or disposal, in a manner specified\nin the notice, of any appliance;\n(f) directions specifying a period within which the person to whom\nthe notice is given is to comply with any direction.\n(6) A prohibition notice continues in force until revoked in accordance\nwith section 65.\n","sortOrder":89},{"sectionNumber":"62","sectionType":"section","heading":"Prohibition notice—extension of compliance period","content":"62 Prohibition notice—extension of compliance period\n(1) Before the end of a compliance period specified in a prohibition\nnotice under section 61 (5) (f), an authorised officer may extend the\nprohibition notice was issued, or on the motion of the authorised\nofficer; and\n","sortOrder":90},{"sectionNumber":"63","sectionType":"section","heading":"Prohibition notice—display","content":"63 Prohibition notice—display\n(1) A person to whom a prohibition notice has been issued must cause a\ncopy of that notice to be displayed, and to be kept displayed, so as to\nbe readily visible to people entering each premises specified in the\nnotice by way of any public entrance to those premises.\n\n(2) A person must not, without reasonable excuse, contravene\nMaximum penalty (subsection (2)): 10 penalty units.\n","sortOrder":91},{"sectionNumber":"64","sectionType":"section","heading":"Prohibition notice—implementation","content":"64 Prohibition notice—implementation\nimplement a prohibition notice—\n(a) after the expiration of any compliance period specified under\nsection 61 (5) (f) (as extended, if at all, under section 62); or\ncompliance with any positive direction in the notice, and in the\n(2) For the purpose of implementing a prohibition notice under\n(a) enter a place to which the notice relates at any reasonable time;\nor\n(b) enter a place to which the notice relates at any time, if the officer\nhas reasonable grounds for believing that the circumstances are\nof such seriousness or urgency as to require such immediate\nentry.\n(3) An authorised officer who enters a place under subsection (2) is not\nentitled to remain there if, on request by the occupier, the authorised\nofficer does not produce the authorised officer’s identity card, and,\n(4) Any costs or expenses incurred by the Territory in implementing, or\nattempting to implement, a prohibition notice under this section are a\ndebt due to the Territory by the person to whom the notice was issued.\n\n","sortOrder":92},{"sectionNumber":"65","sectionType":"section","heading":"Prohibition notice—revocation","content":"65 Prohibition notice—revocation\n(1) An authorised officer must revoke a prohibition notice if satisfied,\nafter carrying out an appropriate inspection—\n(a) that the notice has been complied with; and\n(b) that adequate measures have been taken to prevent or remove\nthe serious risk to public health that gave rise to the issue of the\nnotice.\nto whom it was issued; and\n","sortOrder":93},{"sectionNumber":"66","sectionType":"section","heading":"Prohibition orders","content":"66 Prohibition orders\n(1) The chief health officer may apply to the Magistrates Court for an\norder that a person to whom a prohibition notice has been issued\ncomply with the notice.\n\nthe alleged risk to public health.\nrelation to the application submitted by the parties, if satisfied that the\naction or inaction of the person to whom the prohibition notice was\nissued has given rise to a serious and imminent risk to public health,\nthe court may make any of the following orders in relation to the\nperson:\n(a) that the person comply with the notice within a period (if any)\n(b) that in order to prevent or alleviate the relevant public health\nrisk, the person comply with any specified requirement in\naddition to any specified in the notice within a period (if any)\n(i) for an individual (other than a utility)—$10 000; or\n(ii) for a corporation (other than a utility)—$50 000; or\n(iii) for a utility who is an individual—$200 000; or\n(iv) for a utility that is a corporation—$1 000 000.\n(a) for a person who is not a utility—100 penalty units,\nimprisonment for 1 year or both; or\n\n(b) for a utility—2 000 penalty units, imprisonment for 1 year or\n(b), an authorised officer may, using such reasonable force and\ndo whatever is necessary to implement the order—\n(a) after the expiration of any compliance period specified in the\norder; or\ncompliance with any positive direction in the order, and in the\n(6) Any costs or expenses incurred by the Territory in implementing, or\n(7) The Magistrates Court may revoke an order under subsection (3) (a)\n\n","sortOrder":94},{"sectionNumber":"Div 3A","sectionType":"division","heading":"1 Supplying syringes to approved","content":"Division 3A.1 Supplying syringes to approved\npeople\n","sortOrder":95},{"sectionNumber":"66A","sectionType":"section","heading":"Definitions—div 3A.1","content":"66A Definitions—div 3A.1\napproval means an approval under section 66C.\napproved person means a person who holds a current approval.\ncourse of instruction means a course approved under section 66B.\nhealth worker means a person who has completed a course of\ninstruction.\n","sortOrder":96},{"sectionNumber":"66B","sectionType":"section","heading":"Courses of instruction","content":"66B Courses of instruction\n(1) The Minister may approve a course about appropriate health\ncounselling and the hygienic distribution, use, collection and disposal\nof syringes.\nNote Syringe includes the needle section or the plunger section of a syringe\n(see dict).\n(2) An approval is a notifiable instrument.\n","sortOrder":97},{"sectionNumber":"66C","sectionType":"section","heading":"Distribution of syringes—approval","content":"66C Distribution of syringes—approval\n(1) A doctor, pharmacist, nurse, midwife or health worker may apply to\nthe chief health officer for approval to supply syringes.\n(a) be in writing signed by the applicant; and\n(b) state the applicant’s full name and occupational, business or\nprivate address; and\n(c) set out details of the applicant’s occupation or business; and\n\nSupplying syringes to approved people Division 3A.1\n(d) if the applicant is a health worker—set out particulars of the\nmost recent course of instruction that the applicant has\ncompleted.\n(3) If, on an application in accordance with this section, the chief health\nofficer is satisfied that—\n(a) having regard to—\n(i) the desirability of preventing the spread of disease; and\n(ii) the number of approved people;\nthere is a need for an additional person to be approved; and\n(b) the applicant has attended a course of instruction; and\n(c) the applicant is a fit and proper person to be approved;\nthe chief health officer must grant an approval to the applicant.\n(4) An approval must specify—\n(a) the full name and address of the approved person; and\n(b) the capacity in which the person is approved; and\n(c) an identifying number; and\n(d) the period for which the approval is granted.\n(5) An approval granted to a health worker may be made subject to the\ncondition that the health worker attend a further course of instruction.\n","sortOrder":98},{"sectionNumber":"66D","sectionType":"section","heading":"Approval—surrender","content":"66D Approval—surrender\n(1) An approved person may surrender the approval by giving written\nnotice of surrender to the chief health officer.\n(2) The surrender of an approval takes effect on the date the notice of\nsurrender is given, or on a later date that may be specified in the notice\nfor that purpose.\n\n","sortOrder":99},{"sectionNumber":"66E","sectionType":"section","heading":"Approval—cancellation","content":"66E Approval—cancellation\n(1) If the chief health officer believes on reasonable grounds that an\napproved person—\n(a) without reasonable excuse, has not attended a course of\ninstruction, if that attendance is a condition to which the\nperson’s approval is subject; or\n(b) has been convicted of an offence against section 66H and section\n66I; or\n(c) is no longer a fit and proper person to hold an approval; or\nthe chief health officer may cancel that person’s approval.\n(2) The cancellation of an approval takes effect on the date the notice of\ncancellation is given under section 131.\n","sortOrder":100},{"sectionNumber":"66F","sectionType":"section","heading":"Approval—duration","content":"66F Approval—duration\nAn approval remains in force, unless sooner cancelled, for 12 months\nbeginning on the date the approval was granted, and may be renewed\nin accordance with section 66G.\n","sortOrder":101},{"sectionNumber":"66G","sectionType":"section","heading":"Approval—renewal","content":"66G Approval—renewal\n(1) An approved person may, at any time before the end of the term of\nthe approval, apply to the chief health officer for a renewal of the\napproval.\n(2) An application for the renewal of an approval must be in writing\nsigned by the approval holder.\n(3) On application for the renewal of an approval, the chief health officer\nmust renew the approval for a further 12 months, beginning on the\nday immediately following the day when, apart from its renewal, the\napproval would have ended.\n\nSupplying syringes to approved people Division 3A.1\n(4) A renewal of an approval of a health worker under this section may\nbe made subject to the condition that the health worker attend a\nfurther course of instruction.\n","sortOrder":102},{"sectionNumber":"66H","sectionType":"section","heading":"Approval—production to police","content":"66H Approval—production to police\nOn request by a police officer, an approved person must not, without\nreasonable excuse, fail to produce the approval for inspection by the\npolice officer.\n","sortOrder":103},{"sectionNumber":"66I","sectionType":"section","heading":"Approval—lending to another person","content":"66I Approval—lending to another person\nAn approved person must not lend or give the approval to another\nperson for the purpose of assisting the person to supply syringes.\n","sortOrder":104},{"sectionNumber":"66J","sectionType":"section","heading":"Approval—no liability for ancillary offences","content":"66J Approval—no liability for ancillary offences\n(1) An approved person who supplies a syringe to another person is not,\nonly because of that supply, taken to commit any offence under or\nbecause of the Criminal Code, part 2.4 (Extensions of criminal\nresponsibility) if—\n(a) the supply is in the course of the professional practice or\noccupational duties of the approved person; and\n(b) the approved person has reasonable grounds for believing that—\n(i) the syringe might be used for the purpose of the\nadministration to the other person of a controlled drug\nunder the Criminal Code, section 600; and\n(ii) the supply of the syringe might assist in preventing the\nspread of disease.\n\n(2) A person who prints or publishes a notice, announcement or\nadvertisement in any form about the supply by an approved person of\nsyringes in the circumstances referred to in subsection (1) is not, only\nbecause of that printing or publishing, taken to have committed any\noffence under or because of the Criminal Code, part 2.4 (Extensions\nof criminal responsibility).\n","sortOrder":105},{"sectionNumber":"66K","sectionType":"section","heading":"Return of approval to chief health officer","content":"66K Return of approval to chief health officer\nOn ceasing to be an approved person, a person must not, without\nreasonable excuse, fail to return the approval to the chief health\nDivision 3A.2 Supplying syringes by vending\nmachine\n","sortOrder":106},{"sectionNumber":"66L","sectionType":"section","heading":"Definitions—div 3A.2","content":"66L Definitions—div 3A.2\napproved person means a person who holds a current vending\nmachine approval.\nvending machine means a machine or device from which syringes\ncan be obtained, including by 1 or more of the following:\n(a) electronic funds transfer;\n(b) inserting money, a token or other object.\nExamples of other objects—par (b)\n1 credit card\n2 debit card\n3 key\nvending machine approval means an approval under section 66O.\n\nSupplying syringes by vending machine Division 3A.2\n","sortOrder":107},{"sectionNumber":"66M","sectionType":"section","heading":"Application for vending machine approval","content":"66M Application for vending machine approval\nA person may apply in writing to the chief health officer for approval\nto supply syringes by way of vending machine.\n","sortOrder":108},{"sectionNumber":"66N","sectionType":"section","heading":"Further information for vending machine approval","content":"66N Further information for vending machine approval\napplication\n(1) The chief health officer may, by written notice given to the applicant,\nrequire the applicant to give the chief health officer further stated\ninformation or a document that the chief health officer reasonably\nneeds to decide the application.\n(2) If the applicant fails to comply with a requirement under subsection\n(1), the chief health officer may refuse to consider the application\nfurther.\n","sortOrder":109},{"sectionNumber":"66O","sectionType":"section","heading":"Decision about vending machine approval application","content":"66O Decision about vending machine approval application\n(1) The chief health officer must—\n(a) give the applicant approval to supply syringes by way of\nvending machine; or\n(b) refuse to give the approval.\n(2) In deciding the application, the chief health officer must consider—\n(a) the public interest, including the desirability of preventing the\nspread of disease; and\n(b) the existing availability of syringes.\n(3) Subsection (2) does not limit the matters that the chief health officer\nmay consider.\n\n(4) A vending machine approval must be given in writing and must\nstate—\n(a) the full name and address of the person to whom the approval is\ngiven; and\n(b) the period for which the approval is given.\n","sortOrder":110},{"sectionNumber":"66P","sectionType":"section","heading":"Vending machine approval—conditions","content":"66P Vending machine approval—conditions\n(1) A vending machine approval is subject to the conditions stated in the\napproval.\n(2) The conditions must include requirements relating to—\n(a) the number of vending machines that may be installed under the\napproval; and\n(b) where each machine is to be located; and\n(c) the syringes that may be supplied from the machines; and\n(d) maintenance of the machines.\n(3) The conditions may include any other requirements the chief health\nofficer considers appropriate.\nExamples of other requirements\n1 information to be displayed or available at the machine\n2 frequency of inspection\n3 keeping of records\n\nSupplying syringes by vending machine Division 3A.2\n","sortOrder":111},{"sectionNumber":"66Q","sectionType":"section","heading":"Vending machine approval—surrender","content":"66Q Vending machine approval—surrender\n(1) An approved person may surrender the person’s vending machine\napproval by giving written notice of surrender to the chief health\n(2) The surrender of an approval takes effect on—\n(a) the day, and, the time on that day, the notice of surrender is given\nto the chief health officer; or\n(b) if a later date of effect is stated in the notice—that date.\n","sortOrder":112},{"sectionNumber":"66R","sectionType":"section","heading":"Vending machine approval—cancellation","content":"66R Vending machine approval—cancellation\n(1) The chief health officer may cancel a person’s vending machine\napproval if the chief health officer believes, on reasonable grounds,\nthat the person has contravened a condition of the approval.\n(2) The cancellation of a vending machine approval takes effect on the\nday the notice of the cancellation is given under section 131.\n","sortOrder":113},{"sectionNumber":"66S","sectionType":"section","heading":"Vending machine approval—return on surrender or","content":"66S Vending machine approval—return on surrender or\ncancellation\n(1) A person commits an offence if—\n(a) the person’s vending machine approval is surrendered or\ncancelled; and\n(b) the person fails to take all reasonable steps to return the approval\nto the chief health officer as soon as practicable (but within 7\ndays) after the day the surrender or cancellation takes effect.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n\n","sortOrder":114},{"sectionNumber":"66T","sectionType":"section","heading":"Vending machine approval—no liability for ancillary","content":"66T Vending machine approval—no liability for ancillary\noffences\n(1) An approved person, or someone acting for an approved person, does\nnot commit an offence under or because of the Criminal Code,\npart 2.4 (Extensions of criminal responsibility) only because of\nsomething done by the person for the purpose of supplying syringes\nunder a vending machine approval and in accordance with the\nconditions of the approval.\n(2) A person who prints or publishes a notice, announcement or\nadvertisement in any form about the supply by people of syringes in\nthe circumstances mentioned in subsection (1) does not, only because\nof that printing or publishing, commit an offence under or because of\nthe Criminal Code, part 2.4 (Extensions of criminal responsibility).\n\nPharmacies Part 3B\n","sortOrder":115},{"sectionNumber":"66U","sectionType":"section","heading":"Meaning of community pharmacy—pt 3B","content":"66U Meaning of community pharmacy—pt 3B\ncommunity pharmacy—see the Medicines, Poisons and Therapeutic\nGoods Act 2008, dictionary.\n","sortOrder":116},{"sectionNumber":"66V","sectionType":"section","heading":"Ownership of pharmacy business","content":"66V Ownership of pharmacy business\n(1) A person must not own a pharmacy business unless the person is—\n(a) a pharmacist; or\n(b) a complying pharmacy corporation; or\n(c) a former corporate pharmacist.\nclose relative, of a pharmacist or company pharmacist, means the\npharmacist’s—\n(a) domestic partner; or\nNote Domestic partner—see the Legislation Act, s 169.\n(b) father, mother, grandfather, grandmother, stepfather,\nstepmother, father-in-law or mother-in-law; or\n(c) son, daughter, grandson, granddaughter, stepson, stepdaughter,\nson-in-law or daughter-in-law; or\n(d) brother, sister, half-brother, half-sister, stepbrother, stepsister,\nbrother-in-law or sister-in-law; or\n(e) uncle, aunt, uncle-in-law or aunt-in-law; or\n(f) nephew, niece or cousin.\n\ncomplying pharmacy corporation means a corporation that—\n(a) has a constitution that provides that—\n(i) the object of the corporation is to own and control a\npharmacy business; and\n(ii) only an individual who is a pharmacist may be a director;\nand\n(iii) a director cannot be a director of another pharmacy\ncorporation without the written consent of the board; and\n(iv) all voting rights exercisable at a general meeting of the\ncorporation are exercisable only by or on behalf of\npharmacists who are directors or employees of the\ncorporation; and\n(v) a shareholder in the corporation must be either a\npharmacist or a close relative of a pharmacist shareholder;\nand\n(b) has a constitution that ensures that each share in the corporation\nis beneficially owned by a pharmacist who is a director or\nemployee of the corporation or a close relative of the\npharmacist; and\n(c) for a corporation that is to own and control a pharmacy business\nas a trustee—is only a party to a trust deed that relates to the\ncorporation’s ownership and control of a pharmacy business if\nthe deed provides that all beneficiaries are to be pharmacists\nwho are directors or employees of the corporation or close\nrelatives of the pharmacists; and\n(d) has a constitution that is appropriate to a corporation formed to\nown and control a pharmacy business.\n\nPharmacies Part 3B\nformer corporate pharmacist means a corporation that—\n(a) on 30 June 2010 owned a pharmacy business; and\n(b) from 30 June 2010—\n(i) has continuously owned and operated the pharmacy\nbusiness; and\n(ii) has only appointed pharmacists as directors of the\ncorporation; and\n(iii) has only allowed—\n(A) pharmacists appointed as directors or employed in the\ncorporation (a company pharmacist), or close\nrelatives of a company pharmacist, to become new\nshareholders of the corporation; and\n(B) beneficial ownership of shares in the corporation; and\n(iv) if the corporation practises pharmacy as a trustee—is party\nto a trust deed that prevents a person who is not a company\npharmacist, or close relative of a company pharmacist,\nbecoming a new beneficiary under the deed.\nmedicine—see the Medicines, Poisons and Therapeutic Goods\nAct 2008, section 11.\nown, for a pharmacy business—\n(a) includes having a legal or beneficial interest in the pharmacy\nbusiness; but\n(b) does not include having an interest in the pharmacy business\nonly because of being the public trustee and guardian or the\npersonal legal representative of a deceased pharmacist.\npharmacy business means a business providing pharmacy services at\na community pharmacy.\n\npharmacy services includes—\n(a) the supply, compounding or dispensing of a medicine; and\n(b) advice and counselling on the effective use of a medicine.\n","sortOrder":117},{"sectionNumber":"66W","sectionType":"section","heading":"Standard of premises","content":"66W Standard of premises\n(1) To protect the public, premises where a pharmacist operates a\ncommunity pharmacy must—\n(a) be under the direct, personal control of a pharmacist; and\n(b) have direct access, or through access, to the premises.\nthrough access, to premises, means access to the premises through\nthe public area of a shopping centre, mall, plaza or health centre.\n","sortOrder":118},{"sectionNumber":"66X","sectionType":"section","heading":"Restriction on pharmacy premises—supermarkets","content":"66X Restriction on pharmacy premises—supermarkets\n(1) A person commits an offence if the person operates a community\npharmacy inside, or partly inside, premises being used as a\nsupermarket.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n(2) A pharmacist commits an offence if the pharmacist practises as a\npharmacist in a community pharmacy inside, or partly inside,\npremises being used as a supermarket.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nsupermarket—see the territory plan, dictionary.\n\n","sortOrder":119},{"sectionNumber":"67","sectionType":"section","heading":"Offence—insanitary conditions","content":"67 Offence—insanitary conditions\nA person commits an offence if the person—\n(a) causes an insanitary condition; or\n(b) allows an insanitary condition to exist on, or emanate from, a\nplace occupied by the person.\n","sortOrder":120},{"sectionNumber":"68","sectionType":"section","heading":"Complaints about insanitary conditions","content":"68 Complaints about insanitary conditions\n(1) A person may give a written complaint to an authorised officer\nalleging the existence of an insanitary condition.\n(2) An authorised officer must investigate a complaint given under\n(3) If, upon investigation, an authorised officer decides not to issue an\nabatement notice in relation to the alleged insanitary condition, the\nofficer must give a written notice of that decision to the complainant,\ninforming the complainant in addition about any available methods\nfor settling the matter privately.\n","sortOrder":121},{"sectionNumber":"69","sectionType":"section","heading":"Abatement notices—issue","content":"69 Abatement notices—issue\n(1) If an authorised officer has reasonable grounds for believing that an\ninsanitary condition exists, the officer may issue an abatement notice\nto—\n(a) the person causing the condition; or\n(b) if that person cannot be identified—the person who occupies the\nplace at which the condition exists, or from which it emanates.\n\n(2) In determining whether to issue an abatement notice in relation to a\ncondition, state or activity, an authorised officer—\n(a) must have regard to the number of people affected, or potentially\naffected, by the condition, state or activity; and\n(b) must have regard to the degree, or potential degree, of public\nhealth risk, damage to public health or offensiveness to\ncommunity health standards resulting from the condition, state\nor activity; and\n(c) may have regard to any reasonable precautions that a person\ncausing the relevant condition, state or activity has or has not\ntaken to avoid or minimise the adverse effect, or the potential\nadverse effect, of the condition, state or activity; and\n(d) may have regard to any reasonable precautions that a person\nadversely affected, or potentially adversely affected, by the\nrelevant condition, state or activity has or has not taken to avoid\nor minimise the effect, or potential effect, of the condition, state\nor activity on the person’s health or on the health of any other\nperson for whose care, support or education the person is\nresponsible.\n(3) An abatement notice—\n(a) must specify the insanitary condition which is required to be\nabated; and\n(b) must specify the period within which the insanitary condition is\nto be abated; and\n(c) may specify steps to be taken to prevent the recurrence of the\ninsanitary condition and the period or periods within which they\nare to be undertaken.\n(4) An abatement notice continues in force until revoked in accordance\nwith section 72.\n\n","sortOrder":122},{"sectionNumber":"70","sectionType":"section","heading":"Abatement notice—extension of compliance period","content":"70 Abatement notice—extension of compliance period\n(1) Before the end of a compliance period specified in an abatement\nnotice under section 69 (3) (b) or (c), an authorised officer may extend\nthe period.\nabatement notice was issued, or on the motion of the authorised\nofficer; and\n","sortOrder":123},{"sectionNumber":"71","sectionType":"section","heading":"Abatement notice—implementation","content":"71 Abatement notice—implementation\nimplement an abatement notice after the expiration of the compliance\nperiod specified under section 69 (3) (b) (as extended, if at all, under\nsection 70).\n(2) An authorised officer must only implement an abatement notice under\nsubsection (1) if the officer has reasonable grounds for believing that\nit is necessary to do so to avert an imminent and serious risk to public\nhealth.\n(3) For the purpose of implementing an abatement notice under\n(a) enter a place to which the notice relates at any reasonable time;\nor\n\n(b) enter a place to which the notice relates at any time, if the officer\nhas reasonable grounds for believing that the circumstances are\nof such seriousness or urgency as to require such immediate\nentry.\n(4) An authorised officer who enters a place pursuant to subsection (3) is\nnot entitled to remain there if, on request by the occupier, the\nauthorised officer does not produce the officer’s identity card, and,\n(5) Any costs or expenses incurred by the Territory in implementing, or\nattempting to implement, an abatement notice under this section are\na debt due to the Territory by the person to whom the notice was\n","sortOrder":124},{"sectionNumber":"72","sectionType":"section","heading":"Abatement notice—revocation","content":"72 Abatement notice—revocation\n(1) An authorised officer must revoke an abatement notice if satisfied,\nafter carrying out an appropriate inspection—\n(a) that the notice has been complied with; and\n(b) that adequate measures have been taken to prevent the\nrecurrence of the relevant insanitary condition.\n\nto whom it was issued, and any further measures taken to\nprevent the recurrence of the relevant insanitary condition; and\n","sortOrder":125},{"sectionNumber":"73","sectionType":"section","heading":"Abatement orders","content":"73 Abatement orders\n(1) The chief health officer may apply to the Magistrates Court for either\nof the following orders in relation to a person to whom an abatement\nnotice has been issued:\n(a) an order that the person—\n(i) comply with the notice; and\n(ii) undertake stated action, or cease or refrain from\nundertaking stated action, to prevent any recurrence of the\ninsanitary condition;\n(b) if the insanitary condition has been removed but is likely to\nrecur—an order that the person undertake stated action, or cease\nor refrain from undertaking stated action, to prevent any\nrecurrence of the insanitary condition.\nthe alleged insanitary condition.\n\nrelation to the application submitted by the parties, the court may\nmake any of the following orders in relation to the person to whom\nthe abatement notice was issued:\n(a) that the person comply with the notice within a period specified\nin the order;\n(b) that in order to prevent the recurrence of the insanitary\ncondition, the person undertake any specified action, or cease or\nrefrain from undertaking any specified action, within a period\n(i) for an individual (other than a utility)—$5 000; or\n(ii) for a corporation (other than a utility)—$25 000; or\n(iii) for a utility who is an individual—$100 000; or\n(iv) for a utility that is a corporation—$500 000.\n(b), an authorised officer may, after the expiration of the compliance\nperiod specified in the order, using such reasonable force and\ndo whatever is necessary to implement the order.\n\n(6) Subsection (7) applies if—\n(a) an order is made under subsection (3) (a) or (b) in relation to a\nperson to whom an abatement notice was issued; and\n(b) within 12 months after the order was made, the insanitary\ncondition recurs.\n(7) The chief health officer may apply under subsection (1) for another\norder in relation to the person.\n(8) Any costs or expenses incurred by the Territory in implementing, or\n(9) The Magistrates Court may revoke an order under subsection (3) (a)\n","sortOrder":126},{"sectionNumber":"74","sectionType":"section","heading":"Joint and several responsibility for insanitary conditions","content":"74 Joint and several responsibility for insanitary conditions\n(a) an authorised officer has reasonable grounds for believing that\nan insanitary condition exists; and\n(b) either—\n(i) there are reasonable grounds for believing that 2 or more\npeople have caused the condition; or\n(ii) if the person causing the condition cannot be identified—\n2 or more people occupy the place at which the condition\nexists, or from which the condition originates.\n\n(2) Each person to whom this section applies—\n(a) may be issued with an abatement notice in relation to the\ninsanitary condition; and\n(b) may be the subject of a joint abatement order under section 73\nin relation to the insanitary condition; and\n(c) is jointly and severally liable in relation to any such order; and\n(d) is jointly and severally liable for any costs or expenses referred\nto in section 73 (8) in relation to the implementation, or the\nattempted implementation, of any such order.\n\nPreliminary Division 5.1\n","sortOrder":127},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Preliminary","content":"Division 5.1 Preliminary\n","sortOrder":128},{"sectionNumber":"75","sectionType":"section","heading":"Definitions for pt 5","content":"75 Definitions for pt 5\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, or is intended to be used, to commit the offence.\noccupier, of a place an authorised officer enters under this part,\nincludes a person the officer believes on reasonable grounds to be an\noccupier of the place.\nNote The dictionary defines occupier of a place to include an owner, a person\nin charge or a person authorised to be at the place as an agent of an\noccupier, owner or person in charge of the place.\noffence includes—\n(a) an offence that there are reasonable grounds for believing is\nbeing or has been committed; and\n(b) a contravention of this Act by or on behalf of the Territory that\nthere are reasonable grounds for believing is being or has been\ncommitted.\n\n","sortOrder":129},{"sectionNumber":"76","sectionType":"section","heading":"Entry","content":"76 Entry\n(1) Where an authorised officer has reasonable grounds for believing that\nit is necessary to do so for the purposes of this Act, the officer may,\nusing such reasonable force and assistance as is necessary—\n(a) if the officer has reasonable grounds for believing a public\nhealth risk activity to be carried on, or a public health risk\nprocedure to be performed, at any place—\n(i) enter the place at any reasonable time; or\n(ii) enter the place at any time with the consent of the occupier,\nor pursuant to a warrant issued under section 80 or 81;\n(b) for any other place—enter the place at any time with the consent\nof the occupier, or in accordance with a warrant issued under\nsection 80 or section 81.\n(2) Where an authorised officer has reasonable grounds for believing that\nit is necessary to do so for the purposes of this Act, the officer may,\nusing such reasonable force and assistance as is necessary—\n(a) enter any place at any reasonable time if the officer has\nreasonable grounds for believing that entry is necessary to deal\nwith a serious public health risk; or\n(b) enter any place at any time if the officer has reasonable grounds\nfor believing that the circumstances are of such seriousness or\nurgency as to require immediate entry to the place without the\nauthority of a warrant.\n(3) An authorised officer who enters a place pursuant to subsection (1)\nor (2) is not entitled to remain at the place if, on request by the\noccupier, the authorised officer does not produce the officer’s identity\ncard, and, unless the authorised officer is the chief health officer, the\nofficer’s authorisation, to the occupier.\n\n","sortOrder":130},{"sectionNumber":"77","sectionType":"section","heading":"Consent to entry","content":"77 Consent to entry\n(1) Before obtaining the consent of a person for the purposes of\nsection 76 (1), an authorised officer must—\n(a) produce the officer’s identity card; and\n(b) produce the officer’s authorisation, unless the authorised officer\nis the chief health officer; and\n(c) inform that person that they may refuse to give consent.\n(2) Where an authorised officer obtains the consent of a person for the\npurposes of section 76 (1), the authorised officer must ask the person\nto sign a written acknowledgment—\n(a) of the fact that the person has been informed that the person may\nrefuse to give consent; and\n(b) of the fact that the person has voluntarily given consent; and\n(c) of the day on which, and the time at which, that consent was\ngiven.\n(3) Where it is material in any proceedings for a court to be satisfied of\nthe voluntary consent of a person for the purposes of section 76 (1)\nand an acknowledgment, in accordance with subsection (2) of this\nsection, signed by the person is not produced in evidence, the court\nmust assume, unless the contrary is proved, that the person did not\nvoluntarily give such consent.\n","sortOrder":131},{"sectionNumber":"78","sectionType":"section","heading":"Powers upon entry","content":"78 Powers upon entry\nSubject to this Act, where an authorised officer enters any place in\naccordance with this Act, the officer may, if they consider it to be\nnecessary or desirable for the purposes of this Act—\n(a) inspect, examine, take measurements in relation to, or conduct\ntests concerning, the place or any system of work, plant,\nsubstance or thing at the place; and\n\n(b) inspect and test, or remove for testing, any container, equipment\nor appliance at the place; and\n(c) inspect and test, or remove for testing, any material or substance;\nand\n(d) open or require a person to open any container or package, and\nexamine the container or package; and\n(e) take photographs or make video or sound recordings or films;\nand\n(f) seize anything (including records, documents, packaging\nmaterial, labels or labelling material and material used in\nconnection with advertising) that the authorised officer has\nreasonable grounds for believing to be connected with an\noffence against this Act; and\n(g) require the occupier to make available to the authorised officer\nany record, document, labelling or advertising material; and\n(h) where information required for the purposes of the inspection is\nstored on computer or other electronic equipment—require the\noccupier to produce the information in a visible or audible form;\nand\n(i) inspect, make copies of and take extracts from any record,\ndocument or information, being information referred to in\nparagraph (h); and\n(j) require the occupier to provide information or answer questions\nreasonably related to the effect of the use of the place on public\nhealth; and\n(k) require the occupier to render such assistance to the authorised\nofficer as is necessary and reasonable to enable the authorised\nofficer to exercise their powers under this section; and\n\n(l) stop, detain and inspect any vehicle, vessel or aircraft that the\nauthorised officer has reasonable grounds for believing to have\nin or upon it anything connected with an offence against this\nAct.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n","sortOrder":132},{"sectionNumber":"79","sectionType":"section","heading":"Power to require name and address","content":"79 Power to require name and address\n(1) An authorised officer may require a person to state the person’s name\nand address where the officer—\n(a) finds a person committing an offence against this Act; or\n(b) has reasonable grounds for believing that a person has\ncommitted an offence against this Act.\n(2) In exercising a power under subsection (1), an authorised officer\nmust—\n(a) inform the person of the reasons for the requirement; and\n(b) as soon as practicable thereafter, record those reasons.\n(3) A person is not required to comply with a requirement under\nsubsection (2) if, on request by the person, the authorised officer does\nnot produce the officer’s identity card and, unless the authorised\nofficer is the chief health officer, the officer’s authorisation.\n(4) Subject to this section, a person must not, without reasonable excuse,\nfail to comply with a requirement under subsection (1).\nMaximum penalty (subsection (4)): 5 penalty units.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n\n","sortOrder":133},{"sectionNumber":"80","sectionType":"section","heading":"Search warrants","content":"80 Search warrants\n(1) Where an information on oath is laid before a magistrate alleging that\nthere are reasonable grounds for suspecting that there may be, at any\nplace, a thing of a particular kind connected with a particular offence\nagainst this Act and the information sets out those grounds, the\nmagistrate may issue a search warrant authorising an authorised\nofficer named in the warrant, with such assistance and by such force\nas is necessary and reasonable—\n(a) to enter the place; and\n(b) to search the place for things of that kind; and\n(c) to exercise any of the powers referred to in section 78 in relation\nto such a thing.\n(2) A magistrate must not issue a warrant under subsection (1) unless—\n(a) the informant or some other person has given to the magistrate,\neither orally or by affidavit, any further information that the\nmagistrate requires concerning the grounds on which the issue\nof the warrant is being sought; and\n(b) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n(3) A warrant must—\n(a) state the purpose for which it is issued; and\n(b) specify the nature of the offence in relation to which the entry,\nsearch and exercise of the powers under section 78 are\nauthorised; and\n(c) specify particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of the day or night;\nand\n(d) include a description of the kinds of things in relation to which\nthe powers under section 78 may be exercised; and\n\n(e) specify a day, not being later than 1 month after the date of issue\nof the warrant, on which the warrant is to cease to have effect.\n","sortOrder":134},{"sectionNumber":"81","sectionType":"section","heading":"Warrants by telephone or other electronic means","content":"81 Warrants by telephone or other electronic means\n(1) An authorised officer may make an application to a magistrate for a\nwarrant by telephone, fax or other electronic means—\n(a) in an urgent case; or\n(b) if the delay that would occur if an application were made in\nperson would frustrate the effective execution of the warrant.\n(2) The magistrate may require communication by voice to the extent that\nis practicable in the circumstances.\n(3) An application under this section must include all information\nrequired to be provided in an application for a warrant under\nsection 80, but the application may, if necessary, be made before the\ninformation is sworn.\n(4) If an application is made to a magistrate under this section and the\nmagistrate, after considering the information and having received and\nconsidered such further information (if any) as the magistrate\nrequired, is satisfied that—\n(a) a warrant in the terms of the application should be issued\nurgently; or\n(b) the delay that would occur if an application were made in person\nwould frustrate the effective execution of the warrant;\nthe magistrate may complete and sign the same form of warrant that\nwould be issued under section 80.\n(5) If the magistrate decides to issue the warrant, the magistrate must\ninform the applicant, by telephone, fax or other electronic means, of\nthe terms of the warrant and the day on which and the time at which\nit was signed.\n\n(6) The applicant must then complete a form of warrant in terms\nsubstantially corresponding to those given by the magistrate, stating\non the form the name of the magistrate and the day on which and the\ntime at which the warrant was signed.\n(7) The applicant must, not later than the day after the day of expiry of\nthe warrant or the day after the day on which the warrant was\nexecuted, whichever is the earlier, give or transmit to the issuing\nofficer the form of warrant completed by the applicant and, if the\ninformation referred to in subsection (3) was not sworn, that\ninformation duly sworn.\n(8) The magistrate must attach to the documents provided under\nsubsection (7) the form of warrant completed by the magistrate.\n(9) If—\n(a) it is material, in any proceedings, for a court to be satisfied that\nthe exercise of a power under a warrant issued under this section\nwas duly authorised; and\n(b) the form of warrant signed by the magistrate is not produced in\nevidence;\nthe court is to assume, unless the contrary is proved, that the exercise\nof the power was not duly authorised.\n","sortOrder":135},{"sectionNumber":"84","sectionType":"section","heading":"Seizure notices","content":"84 Seizure notices\n(1) An authorised officer who seizes anything under this part must, as\nsoon as practicable, give a seizure notice to—\n(a) the owner of the thing seized; or\n(b) if the owner is not present or readily available—the person who\nhad possession, custody or control of the thing immediately\nbefore its seizure.\n\n(2) A seizure notice must specify—\n(a) the thing seized, including the relevant quantity (if applicable);\nand\n(b) the date and place of seizure; and\n(c) the location of the thing seized; and\n(d) the reasons for the seizure; and\n(e) the procedure provided for by this Act for obtaining relief\nagainst the seizure; and\n(f) the name, address and telephone number of an authorised officer\nwho may be contacted in relation to the seizure.\n","sortOrder":136},{"sectionNumber":"85","sectionType":"section","heading":"Detention of things at place of seizure","content":"85 Detention of things at place of seizure\n(1) Anything seized by an authorised officer under this part may, at the\noption of the officer, be detained at the place where it was found and\nfor that purpose it may—\n(a) be placed in a room, compartment, cabinet or an enclosed area;\nand\n(b) be secured against interference; and\n(c) be identified in a manner that makes it clear that the thing has\nbeen seized for the purposes of this Act.\n(2) Where, in accordance with subsection (1), a thing has been detained\nat a place, the authorised officer responsible must, as soon as\npracticable, give the occupier of the place a notice in writing\nspecifying—\n(a) the thing detained, including the relevant quantity\n(if applicable); and\n(b) the manner and circumstances in which the thing has been\ndetained; and\n\n(c) the expected period of such detention; and\n(d) the liability of the occupier in respect of an offence under\nsection 86 (2); and\n(e) the name, address and telephone number of an authorised officer\nwho may be contacted in relation to the detention.\n","sortOrder":137},{"sectionNumber":"86","sectionType":"section","heading":"Interference with seized things","content":"86 Interference with seized things\n(1) Where an authorised officer has seized a thing under this part and\ndetained it at a place pursuant to section 85, a person must not,\nwithout the permission of the officer, remove, break, open or interfere\nwith the thing.\n(2) Where an offence against subsection (1) has been committed, then\nwhether or not any person has been charged with or convicted of that\noffence, the occupier of the place where the offence was committed\ncommits an offence.\n(3) It is a defence to a prosecution for breach of subsection (2) if the\ndefendant establishes that the defendant—\n(a) had taken all reasonable steps to prevent the breach of\nsubsection (1); or\n(b) had reasonable grounds for believing that another person had\ntaken, or would take, all reasonable steps to prevent that breach.\n\n","sortOrder":138},{"sectionNumber":"87","sectionType":"section","heading":"Access to seized records","content":"87 Access to seized records\nWhere a record or document is seized under this part, the authorised\nofficer must permit the person otherwise entitled to possession of it,\nor the person’s agent, to inspect, make copies of or take extracts from\nthe record or document.\n","sortOrder":139},{"sectionNumber":"88","sectionType":"section","heading":"Return of seized things","content":"88 Return of seized things\n(1) This section applies where, after a thing has been seized under this\npart—\n(a) at the expiration of the period of 3 months after the seizure of\nthe thing, no proceedings have been commenced in relation to\nany alleged offence against this Act in respect of the thing; or\n(b) if such proceedings were commenced within that period—the\ncharge has been withdrawn or the proceedings (including any\nappeal in relation to those proceedings) have otherwise been\ndetermined with no conviction being recorded; or\n(c) the Minister becomes satisfied at any time that no contravention\nof this Act has been committed in respect of the thing.\n(2) Where this section applies, and the thing seized has not been\ndestroyed or disposed of in a manner that would prevent its being\ndealt with under this subsection, the Minister must cause the thing to\nbe delivered to—\n(a) the person from whom it was seized; or\n(b) any other person the Minister believes to be entitled to it.\n(3) Where anything is delivered under subsection (2) after being forfeited\nto the Territory under section 90, the forfeiture is not to be taken to\nhave affected any proprietary or any other interests in the thing\nexisting before the forfeiture.\n\n","sortOrder":140},{"sectionNumber":"89","sectionType":"section","heading":"Court orders for relief against seizure","content":"89 Court orders for relief against seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to a court of competent jurisdiction for an order\ndisallowing the seizure within 10 days after the seizure.\n(2) An application under subsection (1) must be made in accordance with\nthe relevant rules of court and must not be heard unless the applicant\nhas served a copy of the application on the authorised officer\nresponsible for the relevant seizure.\n(3) The authorised officer responsible for the relevant seizure is entitled\nto appear as respondent at the hearing of an application.\n(4) If, on the hearing of an application, it appears to the court that the\nthing seized is required to be produced in evidence in any pending\nproceedings in connection with an offence against this Act, the court\nmay, on the application of the respondent, or on its own initiative,\nadjourn the hearing until the conclusion of those proceedings.\n(5) On the hearing of an application, the court may make an order\ndisallowing the seizure—\n(a) if—\n(i) it is proved that the applicant would, but for the seizure, be\nentitled to the return of the thing seized; and\n(ii) it is not proved beyond reasonable doubt that an offence\nwas being or had been, at the time of the seizure,\ncommitted, being an offence with which the thing is\nconnected; or\n(b) if there are exceptional circumstances justifying the making of\nan order disallowing the seizure.\n\n(6) If the court makes an order disallowing a seizure, the court may make\n1 or more of the following ancillary orders:\n(a) an order directing the respondent to cause the thing to be\ndelivered to the applicant or to such other person as appears to\nthe court to be entitled to it;\n(b) if the thing cannot for any reason be so delivered or the thing\nhas in consequence of the seizure depreciated in value—an order\ndirecting the Territory to pay to the applicant just and reasonable\ncompensation;\n(c) if the applicant has sustained financial loss by reason of the\nseizure—an order directing the Territory to pay the applicant\njust and reasonable compensation;\n","sortOrder":141},{"sectionNumber":"90","sectionType":"section","heading":"Forfeiture","content":"90 Forfeiture\n(a) anything seized under this part has not been dealt with in\naccordance with section 88 (2); and\n(b) an application for disallowance of the seizure under\nsection 89 (1)—\n(i) has not been made within 10 days after seizure; or\n(ii) has been made within that period, but the application has\nbeen refused or has been withdrawn before a decision in\nrespect of the application had been made.\n(2) Where this section applies to a thing—\n(a) the thing is forfeited to the Territory; and\n(b) the thing may be destroyed, sold or otherwise disposed of in\naccordance with the Minister’s general or specific direction.\n\n","sortOrder":142},{"sectionNumber":"91","sectionType":"section","heading":"Cost of destruction or disposal of things forfeited","content":"91 Cost of destruction or disposal of things forfeited\n(a) a person is convicted of an offence against this Act in respect of\nanything forfeited to the Territory under this part; and\n(b) that person was the owner of the thing immediately before it was\nforfeited.\n(2) Where this section applies, any cost incurred by or on behalf of the\nTerritory in connection with the lawful destruction or disposal of the\nthing is a debt due to the Territory by that person.\n(3) Where a debt under subsection (2) is due by 2 or more people, the\nliability of those people is joint and several.\n","sortOrder":143},{"sectionNumber":"92","sectionType":"section","heading":"Destruction of contaminated items","content":"92 Destruction of contaminated items\nAn authorised officer may, despite any provision to the contrary in\nthis part, cause a thing that has been seized under this part to be\ndestroyed if the officer has reasonable grounds for believing that the\nthing is so contaminated, or the condition of the thing is such, that its\ncontinued use would give rise to a serious public health risk.\n","sortOrder":144},{"sectionNumber":"93","sectionType":"section","heading":"Analyst’s power of entry","content":"93 Analyst’s power of entry\n(1) An analyst may accompany an authorised officer who has entered a\nplace under this Act in order to conduct such tests as are necessary to\ndetermine whether a contravention of this Act has occurred.\nNote For evidentiary certificates by analysts, see s 135A.\n\nAnalysis Division 5.4\n(2) A person must not, without reasonable excuse, obstruct or hinder an\nanalyst in the exercise of the analyst’s powers under subsection (1).\n(3) An analyst who enters a place under subsection (1) is not authorised\nto remain at the place if, on request by the occupier, the analyst does\nnot produce the analyst’s identity card.\n","sortOrder":145},{"sectionNumber":"94","sectionType":"section","heading":"Notice of taking of sample","content":"94 Notice of taking of sample\nWhere an authorised officer takes a sample under this part with the\nintention that it be submitted for analysis, the officer must, before or\nas soon as practicable after taking the sample, give notice of the\nofficer’s intention to have the sample analysed to—\n(a) the owner of the matter comprised in the sample; or\n(b) if the owner is not present or readily available—\n(i) if the sample is associated with the carrying on of a public\nhealth risk activity, or the performance of a public health\nrisk procedure—the person carrying on the activity, or\nperforming the procedure, or another person acting with\nthe authority of either of those people; or\n(ii) the person from whom the sample was taken or the\noccupier of the place from which the sample was taken.\n","sortOrder":146},{"sectionNumber":"97","sectionType":"section","heading":"Time limit for certain prosecutions","content":"97 Time limit for certain prosecutions\nWhere a sample has been taken under this part for the purpose of\nanalysis, no prosecution for an offence against this Act in relation to\nwhich the sample is evidence may be commenced after the expiration\nof the period of 6 months after the sample was taken.\n\n","sortOrder":147},{"sectionNumber":"98","sectionType":"section","heading":"Prohibited use of analysis","content":"98 Prohibited use of analysis\nA person must not use for trade or advertising purposes the results of\nan analysis made for the purposes of this Act.\n\nPreliminary Division 6.1\n","sortOrder":148},{"sectionNumber":"Part 6","sectionType":"part","heading":"Notifiable conditions and public","content":"Part 6 Notifiable conditions and public\nhealth hazards\n","sortOrder":149},{"sectionNumber":"99","sectionType":"section","heading":"Principles—notifiable conditions","content":"99 Principles—notifiable conditions\nThis part shall be construed and administered in accordance with the\nfollowing principles:\n(a) the investigation of notifiable conditions, and any actions taken\nas a consequence, must be carried out in order to minimise the\nadverse public health effects of such conditions;\n(b) a person who engages in activities that are known to carry a\npotential risk of exposure to a transmissible notifiable condition,\nand any person responsible for the care, support or education of\nsuch a person, has the following responsibilities:\n(i) to take all reasonable precautions to avoid the contracting\nof the condition by the person who engages in such\nactivities;\n(ii) if there are reasonable grounds for believing that the person\nwho engages in such activities has been exposed to the\ncondition—to ascertain whether the condition has been\ncontracted, and what precautions should reasonably be\ntaken to avoid exposing others to the condition;\n(iii) if there are reasonable grounds for believing that the person\nwho engages in such activities has contracted, or is likely\nto have contracted the condition—to comply with\npreventative measures or treatment that will minimise the\nrisk to others of exposure to the condition;\n\n(iv) if there are reasonable grounds for believing that the person\nwho engages in such activities has contracted, or is likely\nto have contracted the condition—to take reasonable\nmeasures to ensure that others are not unknowingly placed\nat risk through any action or inaction of the person or any\nperson responsible for the care, support or education of the\nperson;\n(c) a person who has, or may have, a notifiable condition, or who\nengages in activities that are known to carry a potential risk of\nexposure to a notifiable condition, must be accorded the\nfollowing rights, to the extent that their exercise does not\nconflict with the requirements of this part and does not infringe\nunduly on the wellbeing of others:\n(i) the right to privacy;\n(ii) the right to receive all reasonably available information\nabout the medical and social consequences of the condition\nand any proposed treatment.\n","sortOrder":150},{"sectionNumber":"100","sectionType":"section","heading":"Notifiable conditions—Ministerial determination","content":"100 Notifiable conditions—Ministerial determination\n(1) The Minister may determine—\n(a) a disease or medical condition to be a notifiable condition; and\n(b) a disease referred to in paragraph (a) to be a transmissible\nnotifiable condition.\n(2) However, the Minister must not make a determination under\nsubsection (1) unless the Minister believes, on reasonable grounds,\nthat the determination is necessary to protect public health.\n\nPreliminary Division 6.1\n(4) A determination under subsection (1) is a disallowable instrument.\n","sortOrder":151},{"sectionNumber":"101","sectionType":"section","heading":"Notifiable conditions—temporary status","content":"101 Notifiable conditions—temporary status\n(1) The chief health officer may declare—\n(a) a disease or medical condition to be a notifiable condition; and\n(b) a disease mentioned in paragraph (a) or section 100 (1) (a) to be\na transmissible notifiable condition.\n(2) However, the chief health officer must not make a declaration under\nsubsection (1) unless the chief health officer believes, on reasonable\ngrounds, that the declaration is necessary to protect public health.\n(3) A declaration under subsection (1)—\n(a) commences—\n(i) on the day after its notification day; or\n(ii) if a later commencement day is stated in the declaration—\non the day stated; and\n(b) remains in force—\n(i) for a stated period of not longer than 6 months; or\n(ii) if no period is stated in the declaration—for 6 months\nbeginning on its notification day.\n(4) A declaration under subsection (1) is a disallowable instrument.\n\n","sortOrder":152},{"sectionNumber":"102","sectionType":"section","heading":"Notification by doctors and nurse practitioners","content":"102 Notification by doctors and nurse practitioners\n(1) If a doctor or nurse practitioner has reasonable grounds to believe that\na patient has, or may have, a notifiable condition, the doctor or nurse\npractitioner must—\n(a) give the patient information about—\n(i) the transmission of the condition and how to prevent the\ntransmission of the condition to others; and\n(ii) anything determined by the chief health officer; and\n(b) advise the patient of the patient’s rights under section 99 (c); and\n(c) if the patient agrees, make reasonable arrangements for the\npatient to receive counselling in accordance with any applicable\ncode of practice; and\n(d) ask the patient to give the doctor or nurse practitioner\ninformation for the purpose of complying with section 102A\n(Doctors and nurse practitioners—failure to notify).\n(2) A determination under subsection (1) (a) (ii) is a notifiable\ninstrument.\n(3) Subsection (1) does not apply if the doctor or nurse practitioner\nproves that they had reasonable grounds to believe that the patient had\nbeen given the information mentioned in subsection (1) (a) by\nanother doctor or nurse practitioner.\n(4) If a doctor or nurse practitioner fails to comply with subsection (1) in\nrelation to a patient—\n(a) the failure is taken to be unprofessional conduct for the Health\nPractitioner Regulation National Law (ACT); and\n\n(b) the patient may make a voluntary notification about the failure\nto the national agency under the Health Practitioner Regulation\nNational Law (ACT).\n","sortOrder":153},{"sectionNumber":"102A","sectionType":"section","heading":"Doctors and nurse practitioners—failure to notify","content":"102A Doctors and nurse practitioners—failure to notify\n(1) A doctor or nurse practitioner commits an offence if—\n(a) the doctor or nurse practitioner has reasonable grounds to\nbelieve that a patient has, or may have, a notifiable condition;\nand\n(b) the doctor or nurse practitioner fails to notify the chief health\nofficer, in accordance with the applicable code of practice, about\nthe patient’s notifiable condition as soon as practicable.\n(2) A doctor commits an offence if—\n(a) the doctor has reasonable grounds to believe that a dead person\nhad, or may have had, a notifiable condition at the time of death;\nand\n(b) the person was a patient of the doctor immediately before death,\nor was examined by the doctor after death; and\n(c) the doctor fails to notify the chief health officer, in accordance\nwith the applicable code of practice, about the person’s\nnotifiable condition as soon as practicable.\n(3) An offence against this section is a strict liability offence.\n(4) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the doctor or nurse practitioner proves that they believed on\nreasonable grounds that the chief health officer had already been told\nabout the notifiable condition of the patient or dead person.\n\n","sortOrder":154},{"sectionNumber":"103","sectionType":"section","heading":"Pathologists","content":"103 Pathologists\n(a) a pathologist has tested a specimen taken from a person for any\npurpose; and\n(b) either—\n(i) the pathologist carried out the test in the Territory; or\n(ii) the person from whom the specimen was taken is resident\nin the Territory; and\n(c) the result of the test indicates that the person has, or may have,\na notifiable condition.\n(2) Where this section applies, the following people must notify the chief\nhealth officer that the person whose specimen was tested has or may\nhave a notifiable condition:\n(a) the pathologist;\n(b) if the pathologist is employed in a laboratory at a hospital—the\nperson in charge of the laboratory;\n(c) if the pathologist carried out the test in the course of the\npathologist’s employment other than at a hospital—the\npathologist’s employer.\n(3) A notification under this section must be in accordance with the\n(4) A person must not, without reasonable excuse, fail to comply with\nsubsection (2).\nMaximum penalty (subsection (4)): 5 penalty units, imprisonment\nfor 6 months or both.\n\n","sortOrder":155},{"sectionNumber":"104","sectionType":"section","heading":"Hospitals","content":"104 Hospitals\n(1) The person in charge of a hospital must notify the chief health officer\nof any in-patient at the hospital who has or may have a notifiable\ncondition.\n(2) A notification under this section must be in accordance with the\n","sortOrder":156},{"sectionNumber":"105","sectionType":"section","heading":"Notification by responsible people","content":"105 Notification by responsible people\n(1) A counsellor must notify the chief health officer of a person the\ncounsellor has counselled if the counsellor believes, on reasonable\ngrounds, that the person has, or may have, a notifiable condition.\n(2) A person who is responsible for the care, support or education of\nsomeone else must notify the chief health officer of the person if the\nfirst person believes, on reasonable grounds, that the other person has,\nor may have, a notifiable condition.\n(3) A notification under this section must be in accordance with the\n","sortOrder":157},{"sectionNumber":"106","sectionType":"section","heading":"Notification by affected person—notifiable conditions","content":"106 Notification by affected person—notifiable conditions\n(1) This section applies if an authorised officer has reasonable grounds\nfor believing that a person has a notifiable condition.\n(2) The authorised officer may request the person concerned to provide\nany of the following information to the officer:\n(a) the person’s name and address;\n(b) information about circumstances under which the person may\nhave acquired, or been exposed to, the condition;\n\n(c) in the case of a transmissible notifiable condition—\n(i) information about circumstances under which the person\nmay have transmitted the condition; and\n(ii) the name and address, or the name and whereabouts, of any\nperson the authorised officer has reasonable grounds for\nbelieving to be a contact of the person’s.\n(3) Before requesting information from a person under subsection (2), an\nauthorised officer must inform the person of the reason for the\nrequest.\n(4) Upon request by a person who is the subject of a request by an\nauthorised officer under subsection (2), the authorised officer must\nproduce the officer’s identity card and, unless the authorised officer\nis the chief health officer, the officer’s authorisation.\n(5) A person must comply with a request made by an authorised officer\nunder subsection (2), unless—\n(a) the authorised officer fails to comply with this section; or\n(b) the person has any other reasonable excuse for failing to comply\nwith the request.\n(6) As soon as possible after making a request under subsection (2), an\nauthorised officer must make a written record of the grounds for the\nofficer’s belief that the person concerned has a notifiable condition.\n","sortOrder":158},{"sectionNumber":"107","sectionType":"section","heading":"Unauthorised assertions","content":"107 Unauthorised assertions\n(1) A person must not make an assertion to a contact of a third person\nthat the third person has a transmissible notifiable condition without\nthe consent of the third person, unless authorised to do so under this\nAct.\n\n(2) This section applies in relation to a person asserted to have a\ntransmissible notifiable condition irrespective of the truth of the\nassertion.\ncontact, in relation to a person asserted to have a transmissible\nnotifiable condition, means a person who would be a contact of the\nother person if the other person had that condition.\n","sortOrder":159},{"sectionNumber":"108","sectionType":"section","heading":"Authorised notification of contacts","content":"108 Authorised notification of contacts\n(1) This section applies if—\n(a) a responsible person requests a person with a transmissible\nnotifiable condition—\n(i) to inform a contact of the contact’s potential exposure to\nthe notifiable condition; or\n(ii) to give permission to the responsible person to do so; and\n(b) the person with the condition refuses that request.\n(2) The responsible person may inform the chief health officer of the\ncontact’s potential exposure to that condition.\n(3) Upon being informed under subsection (2), the chief health officer\nmay take reasonable steps to ensure that the contact is informed of the\ncontact’s potential exposure to the transmissible notifiable condition,\nhaving regard to—\n(a) the degree of risk of the contact’s having contracted, or\ncontracting, the condition; and\n(b) the possibility of causing undue anxiety to the person with the\ncondition or to the contact; and\n(c) any other relevant circumstances.\n\n(4) The steps that the chief health officer may take under subsection (3)\nto ensure that a contact is informed of the contact’s potential exposure\nto a transmissible notifiable condition include giving written\nauthority to inform the contact to—\n(a) a doctor or nurse practitioner; or\n(b) a counsellor whom the chief health officer has reasonable\ngrounds for considering to be suitably qualified and experienced\nfor the purpose.\n(5) If a responsible person is authorised under this section to notify the\nchief health officer or a contact about the contact’s potential exposure\nto a transmissible notifiable condition, that authority operates despite\nany duty of confidentiality the responsible person may owe to the\nperson with the condition.\ncontact, in relation to a person with a transmissible notifiable\ncondition, means a person who a responsible person in relation to the\nperson has reasonable grounds for believing to be a contact of the\nperson’s.\n","sortOrder":160},{"sectionNumber":"109","sectionType":"section","heading":"Use of notified information","content":"109 Use of notified information\n(1) Information acquired by the Territory as a result of notification under\nthis division may be used for the following purposes:\n(a) the prevention and control of notifiable conditions in the\nTerritory and elsewhere;\n(b) the prevention and control of risks to public health generally in\nthe Territory and elsewhere;\n(c) research related to public health in the Territory and elsewhere.\n(2) Information must only be used under subsection (1) in accordance\nwith the principles set out in section 99 and the objectives set out in\nsection 4.\n\n","sortOrder":161},{"sectionNumber":"110","sectionType":"section","heading":"Disclosure of information—person with notifiable","content":"110 Disclosure of information—person with notifiable\ncondition\n(1) A person must not, without good reason, disclose information notified\nunder this division in such a manner that the person to whom the\nnotification relates who has, or who may have, the relevant notifiable\ncondition is reasonably able to be identified, unless—\n(a) the disclosure is for the purposes of this Act or another law of\nthe Territory, the Commonwealth, a State or another Territory,\nor is authorised under a code of practice; or\n(b) the person to whom the notification relates consents in writing\nto such disclosure.\n(2) Upon a person’s written request, the chief health officer must disclose\nto the person any information notified under this division that relates\nto that person alone.\n","sortOrder":162},{"sectionNumber":"111","sectionType":"section","heading":"Disclosure of information that identifies doctor etc","content":"111 Disclosure of information that identifies doctor etc\n(1) A person commits an offence if the person—\n(a) intentionally discloses information notified under this division;\nand\n(b) is reckless about whether the person who made the notification,\nor the pathology laboratory or hospital to which the notification\nrelates, is reasonably able to be identified from the information.\n(2) Subsection (1) does not apply if—\n(a) the person who made the notification, or the person in charge of\nthe pathology laboratory or hospital, consents in writing to the\ndisclosure; or\n\n(b) the person has a reasonable excuse for the disclosure.\nperson who made the notification means the doctor, nurse\npractitioner, pathologist or responsible person who made the\nnotification.\nresponsible person means a counsellor mentioned in section 105 (1)\n(Notification by responsible people) or person mentioned in\nsection 105 (2) who is responsible for the care, support or education\nof someone else.\n","sortOrder":163},{"sectionNumber":"112","sectionType":"section","heading":"Notification of public health hazards","content":"112 Notification of public health hazards\n(1) A person must not, without reasonable excuse, fail to notify the chief\nhealth officer of the presence or occurrence, at a place occupied by\nthe person, in any food, water or air or elsewhere in the environment,\nof any substance or matter that the person has reasonable grounds for\nbelieving to constitute a significant public health hazard.\nsubstance or matter includes—\n(a) a contaminant; and\n(b) an organism that causes, or that may cause, a notifiable\ncondition; and\n(c) any other human pathogenic organism.\n\n","sortOrder":164},{"sectionNumber":"113","sectionType":"section","heading":"Public health directions—issue","content":"113 Public health directions—issue\n(1) If the chief health officer has reasonable grounds for believing that it\nis necessary to prevent or alleviate a significant public health hazard,\nthe chief health officer may issue 1 or more of the following\ndirections to a person for that purpose:\n(a) a direction requiring a person to refrain from behaviour, or an\nactivity, that significantly contributes, or that could so\ncontribute, to the hazard;\n(b) a direction requiring a person to cease performing work of a\nparticular kind, or to cease working at a particular place, while\nsuch work significantly contributes, or could so contribute, to\nthe hazard;\n(c) a direction requiring a person who has a transmissible notifiable\ncondition to undergo a medical examination;\n(d) a direction requiring a person who has a transmissible notifiable\ncondition, or a contact of such a person, to undergo specified\ncounselling;\n(e) a direction requiring a person who has a transmissible notifiable\ncondition, or a contact of such a person, to be confined to a\nparticular place for a specified period, being the least restrictive\nconfinement appropriate to the person’s medical condition;\n(f) a direction requiring a person not to enter, or not to remain in, a\nparticular place for a specified period;\n(g) a direction requiring a person to cease using a particular piece\nof equipment;\n(h) a direction requiring a person to clean and decontaminate a\nparticular place;\n\n(i) a direction requiring a person to undertake, or to refrain from\nundertaking, any other action, where the chief health officer has\nreasonable grounds for believing the requirement to be\nnecessary for the purposes of preventing or alleviating the\nhazard;\n(j) a direction requiring a person to take whatever action is\nnecessary to ensure that another person for whose care, support\nor education the person is responsible complies with a specified\nrequirement or requirements referred to elsewhere in this\nsubsection.\n(2) In subsection (1), a reference to a person who has a transmissible\nnotifiable condition, or to a contact of such a person, is to be taken to\nbe a reference to a person who the chief health officer has reasonable\ngrounds for believing to have such a condition, or to be such a contact.\n(3) A direction under subsection (1)—\n(a) must be in writing signed by the chief health officer; and\n(b) may include conditions about the period within which, or the\nmanner in which, the direction is to be complied with; and\n(c) must state the public health hazard to be prevented or alleviated,\nand any other reason for issuing the direction; and\n(d) must include a statement to the effect that failure to comply with\nthe direction might result in either or both of the following:\n(i) action being taken by an authorised officer to implement\nthe direction;\n(ii) a court order being made to enforce the direction.\n(4) In making a decision under subsection (1), the chief health officer\nmust have regard to the following matters:\n(a) the number of people potentially affected by the public health\nhazard;\n\n(b) the degree to which the public health hazard would affect\nindividuals and the community;\n(c) the availability of other control measures.\n(5) The chief health officer must undertake the minimum action\nnecessary under subsection (1) to prevent or alleviate the relevant\npublic health hazard.\n","sortOrder":165},{"sectionNumber":"114","sectionType":"section","heading":"Public health directions—notice to doctor or nurse","content":"114 Public health directions—notice to doctor or nurse\npractitioner\n(1) This section applies if the chief health officer gives a public health\ndirection about a person for reasons including the chief health\nofficer’s belief that the person has a disease or notifiable condition.\n(2) The chief health officer must give written notice of the direction to\nany doctor or nurse practitioner professionally attending the person at\nthe time of the direction.\n","sortOrder":166},{"sectionNumber":"115","sectionType":"section","heading":"Public health directions—extension of compliance period","content":"115 Public health directions—extension of compliance period\n(1) Before the end of a compliance period specified in a public health\ndirection under section 113 (3) (b), an authorised officer may extend\nthe period.\npublic health direction was issued, or on the motion of the\nauthorised officer; and\n(b) must be in writing given to the person to whom the direction was\n\n","sortOrder":167},{"sectionNumber":"115A","sectionType":"section","heading":"Public health direction—confinement","content":"115A Public health direction—confinement\n(1) This section applies if the chief health officer gives a public health\ndirection under section 113 (1) (e) requiring a person who has a\ntransmissible notifiable condition, or a contact of the person, (the\nconfined person) to be confined to a stated place for a stated period.\n(2) The chief health officer must review the public health direction not\nlater than 48 hours after the confined person was first confined under\nthe direction.\n","sortOrder":168},{"sectionNumber":"116","sectionType":"section","heading":"Public health direction—implementation","content":"116 Public health direction—implementation\nimplement a public health direction—\n(a) after the expiration of any compliance period specified under\nsection 113 (3) (b) (as extended, if at all, under section 115); or\nthe officer has reasonable grounds for considering to be\nsufficient for compliance with any positive direction in the\ndirection, and in the interests of public health.\n(2) An authorised officer must only implement a public health direction\nunder subsection (1) if the officer has reasonable grounds for\nbelieving that it is necessary to do so to avert an imminent and serious\nrisk to public health.\n(3) For the purpose of implementing a public health direction under\n(a) enter a place to which the direction relates at any reasonable\ntime; or\n\n(b) enter a place to which the direction relates at any time, if the\nofficer has reasonable grounds for believing that the\ncircumstances are of such seriousness or urgency as to require\nsuch immediate entry.\n(4) An authorised officer who enters a place pursuant to subsection (3) is\nnot entitled to remain there if, on request by the occupier, the\nauthorised officer does not produce the officer’s identity card, and,\n(5) Any costs or expenses incurred by the Territory in implementing, or\nattempting to implement, a public health direction under this section\nare a debt due to the Territory by the person to whom the direction\nwas issued.\n","sortOrder":169},{"sectionNumber":"117","sectionType":"section","heading":"Public health directions—revocation","content":"117 Public health directions—revocation\n(1) An authorised officer must revoke a public health direction if\nsatisfied, after carrying out an appropriate inspection—\n(a) that the direction has been complied with; and\n(b) that adequate measures have been taken to prevent or alleviate\nthe relevant public health hazard.\ndirection was issued, or on the motion of the authorised officer;\nand\n(b) must be in writing given to the person to whom the direction was\n(b) be addressed to the authorised officer who issued the direction;\nand\n\n(c) specify the action taken to comply with the direction by the\nperson to whom it was issued, and any further measures taken\nto prevent or alleviate the relevant public health hazard; and\n","sortOrder":170},{"sectionNumber":"118","sectionType":"section","heading":"Public health orders","content":"118 Public health orders\n(1) The chief health officer may apply to the Magistrates Court for an\norder that a person to whom a public health direction has been issued\ncomply with the direction.\nthe alleged public health hazard.\nrelation to the application submitted by the parties, the court may\nmake any of the following orders in relation to the person to whom\nthe public health direction was issued:\n(a) that the person comply with the direction within a period (if any)\n(b) that in order to prevent or alleviate the relevant public health\nhazard, the person undertake any specified action, or cease or\nrefrain from undertaking any specified action, within a period\n(if any) specified in the order;\n(i) for a person (other than a utility)—$5 000; or\n\n(ii) for a corporation (other than a utility)—$25 000; or\n(iii) for a utility who is an individual—$100 000; or\n(iv) for a utility that is a corporation—$500 000.\n(d) an order giving directions about the payment of all or any of the\ncosts and expenses of the application.\n(b), an authorised officer may, using such reasonable force and\ndo whatever is necessary to implement the order—\n(a) after the expiration of any compliance period specified in the\norder; or\ncompliance with any positive direction in the order, and in the\n(6) Any costs or expenses incurred by the Territory in implementing, or\n(7) The Magistrates Court may revoke an order under subsection (3) (a)\n\n","sortOrder":171},{"sectionNumber":"118A","sectionType":"section","heading":"Public health alerts","content":"118A Public health alerts\n(1) This section applies if the chief health officer considers it necessary\nto take action under this section—\n(a) to protect the public from a public health risk; or\n(b) to provide a rapid response to a public health risk.\n(2) The chief health officer may prepare a written notice (the public\nhealth alert) about the risk and precautions that may be taken by the\npublic to deal with the risk.\n(3) The public health alert is a notifiable instrument.\n(4) The chief health officer may also publish the public health alert in\nother ways.\n\nDrinking water Division 6B.1\n","sortOrder":172},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Drinking water and sewage","content":"Part 6B Drinking water and sewage\nprocessing\n","sortOrder":173},{"sectionNumber":"118B","sectionType":"section","heading":"Definitions for div 6B.1","content":"118B Definitions for div 6B.1\nprocessing, of drinking water, means collecting, treating, distributing\nor supplying drinking water.\nwater distributor—see the Utilities Act 2000, section 83 (4).\nwater supplier—see the Utilities Act 2000, dictionary.\nwater utility means a water distributor or a water supplier.\n","sortOrder":174},{"sectionNumber":"118C","sectionType":"section","heading":"Relationship with other provisions of this Act","content":"118C Relationship with other provisions of this Act\nThis part does not prevent the application of any other provision of\nthis Act as it relates to the processing of drinking water by a water\nutility.\n","sortOrder":175},{"sectionNumber":"118D","sectionType":"section","heading":"Water processing health risk—public warning by utility","content":"118D Water processing health risk—public warning by utility\n(1) This section applies if a water utility has reasonable grounds for\nbelieving that an imminent serious risk to public health is likely to\narise because of the processing of drinking water by it.\n(2) The water utility must—\n(a) tell the chief health officer as soon as possible about the risk;\nand\n(b) prepare a written notice (the public risk notice) alerting the\npublic to the risk; and\n(c) notify the public risk notice under the Legislation Act 2001.\n\n(3) The public risk notice is a notifiable instrument.\n(4) The water utility must—\n(a) give additional public notice of the public risk notice; and\n(b) take all other reasonable measures to alert the public to the risk.\nrequirement in s (4) (a) is in addition to the requirement for notification\non the legislation register as a notifiable instrument.\n","sortOrder":176},{"sectionNumber":"118E","sectionType":"section","heading":"Misleading information about water processing","content":"118E Misleading information about water processing\n(1) If the chief health officer has reasonable grounds for believing that a\nwater utility has published misleading information to the public or to\na section of the public about the processing of drinking water by the\nutility, the chief health officer may, by written notice to the utility,\ndirect the utility to correct the information in the manner stated in the\ndirection.\n(2) The direction may include a requirement that the utility publish the\ncorrection in a stated manner, in a stated medium (or media) and\nwithin a stated period.\n(3) The utility must comply with the direction.\n\nSewage Division 6B.2\n","sortOrder":177},{"sectionNumber":"118F","sectionType":"section","heading":"Provision of water processing information to chief health","content":"118F Provision of water processing information to chief health\nofficer\n(1) For this Act, the chief health officer may, by written notice to a water\nutility, require the utility to give the chief health officer information,\nwithin the period stated in the notice, about the processing of drinking\nwater by the utility.\n(2) The utility must comply with the requirement.\nMaximum penalty: 500 penalty units.\n","sortOrder":178},{"sectionNumber":"118G","sectionType":"section","heading":"Contaminated drinking water provided by water utility","content":"118G Contaminated drinking water provided by water utility\n(1) A water utility must not, without lawful authority, knowingly or\nrecklessly contaminate water used, or for use, as drinking water by\npeople or animals.\n(2) A water utility that contravenes subsection (1) commits a separate\noffence for each day during any part of which the contamination\ncontinues.\n","sortOrder":179},{"sectionNumber":"118H","sectionType":"section","heading":"Definitions for div 6B.2","content":"118H Definitions for div 6B.2\nprocessing, of sewage, means conveying sewage from premises or\ncollecting, treating or disposing of sewage.\nsewerage utility—see the Utilities Act 2000, dictionary.\n","sortOrder":180},{"sectionNumber":"118I","sectionType":"section","heading":"Relationship with other provisions of this Act","content":"118I Relationship with other provisions of this Act\nThis part does not prevent the application of any other provision of\nthis Act as it relates to the processing of sewage by a sewerage utility.\n\n","sortOrder":181},{"sectionNumber":"118J","sectionType":"section","heading":"Sewage processing health risk—public warning by utility","content":"118J Sewage processing health risk—public warning by utility\n(1) This section applies if a sewerage utility has reasonable grounds for\nbelieving that an imminent serious risk to public health is likely to\narise because of the processing of sewage by it.\n(2) The sewerage utility must—\n(a) tell the chief health officer as soon as possible about the risk;\nand\n(b) prepare a written notice (the public risk notice) alerting the\npublic to the risk; and\n(c) notify the public risk notice under the Legislation Act 2001.\n(3) The public risk notice is a notifiable instrument.\n(4) The sewerage utility must—\n(a) give additional public notice of the public risk notice; and\n(b) take all other reasonable measures to alert the public to the risk.\nrequirement in s (4) (a) is in addition to the requirement for notification\non the legislation register as a notifiable instrument.\n","sortOrder":182},{"sectionNumber":"118K","sectionType":"section","heading":"Misleading information about sewage processing","content":"118K Misleading information about sewage processing\n(1) If the chief health officer has reasonable grounds for believing that a\nsewerage utility has published misleading information to the public\nor to a section of the public about the processing of sewage by the\nutility, the chief health officer may, by written notice to the utility,\ndirect the utility to correct the information, in the manner stated in the\ndirection.\n\nSewage Division 6B.2\n(2) The direction may include a requirement that the utility publish the\ncorrection in a stated manner, in a stated medium (or media) and\nwithin a stated period.\n(3) The utility must comply with the direction.\n","sortOrder":183},{"sectionNumber":"118L","sectionType":"section","heading":"Provision of sewage processing information to chief","content":"118L Provision of sewage processing information to chief\nhealth officer\n(1) For this Act, the chief health officer may, by written notice to a\nsewerage utility, require the utility to give the chief health officer\ninformation, within the period stated in the notice, about the\nprocessing of sewage by the utility.\n(2) The utility must comply with the requirement.\nMaximum penalty: 500 penalty units.\n\n","sortOrder":184},{"sectionNumber":"119","sectionType":"section","heading":"Emergency declarations","content":"119 Emergency declarations\n(1) The Minister may declare a public health emergency if satisfied that\nit is justified in the circumstances.\n(2) An emergency declaration must specify—\n(a) the nature of the emergency; and\n(b) any area to which it relates; and\n(c) the period during which the declaration is to remain in force.\n(3) An emergency declaration comes into force immediately after it is\nmade, or at any later time stated in the declaration, and remains in\nforce for the period stated in the declaration which must be not longer\nthan 5 days.\n(4) The Minister may extend or further extend the period during which\nan emergency declaration is to remain in force by a period of up to\n2 days.\n(5) A declaration under subsection (1) and an extension under\nsubsection (4) are notifiable instruments.\n(6) The Minister must give additional public notice of an emergency\ndeclaration, and any extension of the period of a declaration, as soon\nas practicable after it is made.\nrequirement in s (6) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n\n","sortOrder":185},{"sectionNumber":"120","sectionType":"section","heading":"Emergency actions and directions","content":"120 Emergency actions and directions\n(1) While an emergency declaration is in force, the chief health officer\nmay take any action, or give any direction, the chief health officer\nconsiders to be necessary or desirable to alleviate the emergency\nspecified in the declaration, including actions or directions in relation\nto any of the following:\n(a) the reduction, removal or destruction of any threat to public\nhealth;\n(b) the segregation or isolation of any person in an area;\n(c) the evacuation of any person from an area;\n(d) the prevention or permission of access to an area;\n(e) the control of the movement of any vehicle;\n(f) the occupier of property, in or near any area to which the\nemergency relates, placing the property under the control, or at\nthe disposal, of the chief health officer.\n(2) For the purposes of subsection (1), the directions the chief health\nofficer may give to a person include the following:\n(a) that the person undergo a medical examination, either of a\ngeneral nature or of a particular type, as specified in the\ndirection, within a specified time;\n(b) that the person immediately or within a specified time move\naway from or to a specified area, or remain in a specified area\nfor a specified time, while the emergency remains in force;\n(c) that the person immediately or within a specified time surrender\nany substance or thing in the person’s possession or control to\nan authorised person within the meaning of section 121;\n(d) that the person immediately or within a specified time destroy,\nor modify in a specified manner, a thing or substance in the\nperson’s possession or control;\n\n(e) that the person take any other specified action, or cease\nundertaking any specified action, if the chief health officer\nconsiders such action or cessation to be necessary or desirable.\n(3) A direction given for the purposes of subsection (1) takes effect\nimmediately after it is given, unless otherwise directed.\n(4) A person must not, without reasonable excuse, fail to comply with a\ndirection under this section.\n(5) A direction for the purposes of subsection (1) (other than\nsubsection (1) (f)) may be given orally or in writing.\n(6) A direction for the purposes of subsection (1) (f) must be given in\nwriting.\n(7) The chief health officer must make a signed written record of all\naction taken, and of each direction given, for the purposes of\n(8) In the prosecution of a person under subsection (4) for the failure of\nthe person to comply with a direction, a record of the direction made\nby the chief health officer under subsection (7) is evidence that the\ndirection was given, of the matters referred to in the record and of the\nfacts on which those matters were based.\n","sortOrder":186},{"sectionNumber":"121","sectionType":"section","heading":"Emergency powers","content":"121 Emergency powers\n(1) While an emergency declaration is in force, an authorised person\nmay, for the purposes of section 120, using such reasonable force and\nassistance as is necessary—\n(a) enter, using such reasonable force and assistance as is necessary,\nany place to—\n(i) save any person’s life; or\n\n(ii) prevent injury to any person; or\n(iii) rescue any endangered person; or\n(b) prevent access to any place; or\n(c) close to pedestrian or vehicular traffic any roadway, path or any\nother thoroughfare; or\n(d) remove from a place any person obstructing the authorised\nperson in the exercise of a power under this section.\n(2) The chief health officer may, by writing, authorise a person, or a\nperson of a specified class, for the purposes of this section.\n(3) An authorised person who enters a place pursuant to subsection (1) is\nnot entitled to remain in that place if, on request by the occupier, the\nperson does not produce—\n(a) in the case of the chief health officer—the chief health officer’s\nidentity card; or\n(b) for a public health officer—the officer’s authorisation under\nsection 12A (1) and identity card; or\n(c) for a member of the ambulance service—the identity card issued\nto the member under the Emergencies Act 2004; or\n(d) in the case of a police officer—proof of identification of a kind\napproved for general purposes by the chief police officer; or\n(e) in the case of a person authorised under subsection (2) of this\nsection—the authorisation, or, in the case of a class\nauthorisation, a copy of the authorisation.\nauthorised person means—\n(a) the chief health officer; or\n(b) a public health officer authorised for the purpose under\nsection 12A (1); or\n\n(c) a member of the ambulance service; or\n(d) a police officer; or\n(e) a person authorised under subsection (2).\n","sortOrder":187},{"sectionNumber":"122","sectionType":"section","heading":"Compensation","content":"122 Compensation\n(1) An eligible person may apply to the Minister for compensation in\nrelation to any loss or damage suffered by a person as a result of\nanything done in the exercise of a function under this part, being a\nfunction exercised while an emergency declaration was in force.\n(2) Compensation is payable by the Territory to an eligible person in an\namount the Minister considers appropriate, having regard to the loss\nor damage suffered by the person.\n(3) Compensation is not payable to an eligible person—\n(a) in relation to any loss or damage suffered because of the action\nor inaction of the person who suffered the loss or damage; or\n(b) in relation to any loss or damage that caused or contributed to\nthe public health emergency; or\n(c) in relation to any loss or damage suffered as a result of anything\ndone in the exercise of a function under this part in relation to a\nCOVID-19 emergency declaration while the declaration was in\nforce, except anything done in relation to a direction given under\nsection 120 (1) (f).\neligible person, in relation to loss or damage mentioned in\nsubsection (1), means—\n(a) the person who suffered the loss or damage; or\n(b) if the damage suffered by a person mentioned in paragraph (a)\nresults in the person’s death—a member of the dead person’s\nfamily who has suffered loss or damage because of the death.\n\nmember, of a dead person’s family—see the Civil Law (Wrongs)\nAct 2002, section 23.\n","sortOrder":188},{"sectionNumber":"123","sectionType":"section","heading":"Reports on emergencies","content":"123 Reports on emergencies\n(1) As soon as practicable after an emergency declaration ceases to be in\nforce, the chief health officer must prepare a written report about the\nemergency in respect of the following matters:\n(a) particulars of the events giving rise to the emergency;\n(b) particulars of action taken to deal with the emergency;\n(c) directions given in the course of the emergency under\nsection 120 (1);\n(d) any other matter considered appropriate by the chief health\n(2) A report must be given to the Minister within 3 months after it is\nprepared.\n(3) The Minister must present a report to the Legislative Assembly within\n6 sitting days after the day the Minister receives it.\n\n","sortOrder":189},{"sectionNumber":"124","sectionType":"section","heading":"Investigations","content":"124 Investigations\n(1) Subject to subsection (4), the chief health officer may hold an\ninvestigation in respect of—\n(a) any matter concerning public health; or\n(b) the administration of this Act.\n(2) The chief health officer must hold an investigation under\nsubsection (1) if directed to do so by the Minister.\n(3) The Minister must present a copy of a direction under subsection (2)\nto the Legislative Assembly within 6 sitting days after the day it is\nmade.\n(4) The chief health officer must not hold an investigation under\nsubsection (1) in relation to a matter that is capable of forming the\nsubject of an environmental impact assessment or inquiry under the\nPlanning Act 2023, part 6.3 (Environmental impact assessment).\n","sortOrder":190},{"sectionNumber":"125","sectionType":"section","heading":"Procedure","content":"125 Procedure\n(1) An investigation must be conducted with as little formality and\ntechnicality as a proper consideration of the matter permits.\n(2) An investigation need not involve a hearing (whether public or\nprivate).\n(3) An investigation must be conducted in accordance with any\n(4) For the purposes of an investigation, the chief health officer—\n(a) is not bound by the rules of evidence; and\n(b) must observe the rules of natural justice.\n\nPublic health investigations Part 8\n(5) A person appearing for the purposes of an investigation may be\nrepresented by any other person, subject to any applicable code of\npractice.\n","sortOrder":191},{"sectionNumber":"126","sectionType":"section","heading":"Powers","content":"126 Powers\nFor the purposes of an investigation, the chief health officer may,\nsubject to any applicable code of practice—\n(a) require a person to appear and give evidence; or\n(b) require a person to answer any relevant question; or\n(c) take evidence on oath or by affirmation; or\n(d) require a person to take an oath or to make an affirmation; or\n(e) take statements and receive affidavits; or\n(f) require the production of any relevant document; or\n(g) exercise any other power the chief health officer considers to be\nnecessary for the purpose.\n","sortOrder":192},{"sectionNumber":"127","sectionType":"section","heading":"Reports","content":"127 Reports\n(1) The chief health officer must give the Minister a written report of the\nfindings of an investigation as soon as practicable after its conclusion.\n(2) The Minister must present a copy of the report to the Legislative\nAssembly within 6 sitting days after the day the Minister receives it.\n","sortOrder":193},{"sectionNumber":"128","sectionType":"section","heading":"Protection and immunity","content":"128 Protection and immunity\n(1) In exercising any function under this part, the chief health officer has\nthe same protection and immunity as a judge of the Supreme Court.\n(2) A person giving evidence for the purposes of an investigation has the\nsame protection as a witness in a proceeding in the Supreme Court.\n\n(3) Evidence given for the purposes of an investigation (whether orally\nor in writing), or any record of proceedings of an investigation, is not\nadmissible in civil or criminal proceedings in any court, except\nproceedings for an offence against section 129.\n","sortOrder":194},{"sectionNumber":"129","sectionType":"section","heading":"Investigation offences","content":"129 Investigation offences\n(1) For the purposes of an investigation, a person must not, without\nreasonable excuse, fail to—\n(a) appear or give evidence if required; or\n(b) answer a question if required; or\n(c) produce a document if required; or\n(d) take an oath or make an affirmation if required.\n(2) A person appearing at an investigation must not knowingly or\nrecklessly give evidence that is false or misleading in a material\nparticular.\n\nPublic health investigations Part 8\n(3) A person must not hinder, obstruct or delay the conduct of an\ninvestigation.\n\n","sortOrder":195},{"sectionNumber":"130","sectionType":"section","heading":"Meaning of reviewable decision—pt 9","content":"130 Meaning of reviewable decision—pt 9\nreviewable decision means a decision mentioned in table 130.1 or\ntable 130.2 in this section, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\nTable 130.1 Reviewable decisions—chief health officer\nitem\ncolumn 4\n1 15B (1) (a) impose\nconditions on\nappointment\n2 15B (1) (b) amend\nappointment to\nimpose, amend or\nrevoke condition\n3 15D suspend or cancel\nappointment\n4 66C refuse to grant\napproval to\n5 66C grant approval to\nsubject to\ncondition\n6 66E cancelling\napproval to\nholder of the\n\nReview and appeals Part 9\nitem\ncolumn 4\n7 66O refuse to give\nvending machine\n8 66R cancel vending\nmachine approval\nholder of the\nTable 130.2 Reviewable decisions—Minister\nitem\n1 30 (1) refuse to grant\nlicence\n2 34 (1) refuse to vary\nlicensee\n3 37 (1) refuse to approve\nlicensee and\nproposed\n4 45 (1) refuse to grant\nprocedure licence\nlicence\n5 49 (1) refuse to vary\nprocedure licence\nlicensee\n6 56G refuse to register\n7 56N refuse to approve\nand proposed\n\nitem\n8 56N refuse to vary\nperiod in\nassociation with\n9 56P (4) suspend\nregistration of\n10 56P (4) cancel\nregistration of\n","sortOrder":196},{"sectionNumber":"131","sectionType":"section","heading":"Reviewable decision notices","content":"131 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in table 130.1 or\ntable 130.2, column 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":197},{"sectionNumber":"131A","sectionType":"section","heading":"Applications for review","content":"131A Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in table 130.1 or table 130.2, column 4 in\nrelation to the decision;\n(b) any other person whose interests are affected by the decision.\n\nReview and appeals Part 9\n","sortOrder":198},{"sectionNumber":"132","sectionType":"section","heading":"Appeals","content":"132 Appeals\nAn appeal as of right lies to the Supreme Court in relation to any of\nthe following orders of the Magistrates Court:\n(a) a prohibition order under section 66 (3);\n(b) an order under section 66 (7) dismissing an application for the\nrevocation of a prohibition order;\n(c) an abatement order under section 73 (3);\n(d) an order under section 73 (9) dismissing an application for the\nrevocation of an abatement order;\n(e) a public health order under section 118 (3);\n(f) an order under section 118 (7) dismissing an application for the\nrevocation of a public health order.\n\n","sortOrder":199},{"sectionNumber":"133","sectionType":"section","heading":"Codes of practice","content":"133 Codes of practice\n(1) The Minister may determine codes of practice setting out minimum\nstandards or guidelines for the purposes of this Act.\n(2) In particular, the Minister may determine a code of practice setting\nout guidelines for the chief health officer in dealing with insanitary\nconditions caused by hoarding or domestic squalor (a hoarding code\nof practice).\n(3) In determining a hoarding code of practice, the Minister must have\nregard to—\n(a) the objectives of this Act in section 4; and\n(b) minimising the impact of insanitary conditions, and measures\ndealing with insanitary conditions, on the health and well being\nof people affected by the insanitary conditions, including people\nwhose hoarding or domestic squalor caused the insanitary\nconditions.\n(4) Without limiting what a hoarding code of practice may include, it\nmust include guidelines about the following:\n(a) the regular review of the circumstances of a person in relation to\nwhom an abatement notice has been issued, or an abatement\norder has been made, as a consequence of an insanitary\ncondition caused by the person’s hoarding or domestic squalor;\n(b) the establishment of a group comprising representatives from\ngovernment agencies and support services to advise the chief\nhealth officer in relation to the management of insanitary\nconditions caused by hoarding or domestic squalor;\n(c) the circumstances in which a person whose hoarding or\ndomestic squalor has caused an insanitary condition should be\nreferred to a government agency or support service;\n\n(d) the least restrictive means reasonably available to the chief\nhealth officer for dealing with insanitary conditions caused by\nhoarding or domestic squalor.\n(5) A determination may apply, adopt or incorporate an instrument as in\n(6) A code of practice determined under subsection (1) is a disallowable\ninstrument.\n","sortOrder":200},{"sectionNumber":"134","sectionType":"section","heading":"Declarations for the Planning Act 2023","content":"134 Declarations for the Planning Act 2023\n(1) The Minister may make a declaration (a public health EIS\ndeclaration) for the Planning Act 2023, section 105 (1) (d) (When\nEIS is required) in relation to a development application for a\ndevelopment proposal under that Act.\nNote If the Minister makes a declaration in accordance with this Act and the\nPlanning Act 2023, an EIS under that Act will be required for the\ndevelopment proposal.\n(2) However, the Minister must not make a public health EIS declaration\nunless the Minister considers that the proposed development would\nbe likely to have a significant effect on public health.\nNote The Planning Act 2023, s 105 (1) (d) (ii) provides that a declaration under\nthis section must be made during the public notification period for the\ndevelopment application to which the declaration relates.\n\n(3) If the territory planning authority gives the Minister an EIS under the\nPlanning Act 2023, section 125 (3) (b) for a development proposal in\nrelation to which a public health EIS declaration has been made, the\nMinister may—\n(a) decide that a panel to conduct an inquiry about the EIS must be\nestablished under the Planning Act 2023, section 132 (When to\nestablish inquiry panel); or\n(b) give the territory planning authority written notice that the\nMinister has decided to take no action in relation to the EIS.\n(4) The Minister may only make a decision under subsection (3) (a) about\nan EIS if—\n(a) the decision is made not later than 15 working days after the\nterritory planning authority gives the Minister the EIS; and\n(b) the Minister administering the Planning Act 2023, section 132\nhas not made a decision under that section to establish a panel\nto conduct an inquiry about the EIS.\n(5) If the Minister makes a decision under subsection (3) (a) about an\nEIS, the Minister must give the Minister administering the Planning\nAct 2023, section 132 written notice that an inquiry about the EIS\nmust inquire into the effect on public health of the development\nproposal to which the EIS relates.\n","sortOrder":201},{"sectionNumber":"135","sectionType":"section","heading":"Evidence—costs and expenses","content":"135 Evidence—costs and expenses\nIn any proceedings for the recovery by the Territory of a debt under\nthis Act, a certificate signed by the Minister stating the amount of any\ncosts or expenses and the manner in which they were incurred is\nevidence of the matters stated and of the facts on which they are\nbased.\n\n","sortOrder":202},{"sectionNumber":"135A","sectionType":"section","heading":"Evidence—certificates by analysts","content":"135A Evidence—certificates by analysts\n(1) This section applies in relation to a proceeding for an offence against\nthe following Acts:\n(b) the Criminal Code;\n(c) the Drugs of Dependence Act 1989;\n(d) the Food Act 2001;\n(e) the Medicines, Poisons and Therapeutic Goods Act 2008.\n(2) A certificate under this section may state any of the following matters\nin relation to a substance:\n(a) that the analyst is appointed as analyst under section 15\n(Appointment of analysts);\n(b) that the analyst is authorised under section 15A (Functions of\nanalysts) for an Act or provision of an Act;\n(c) when and from whom the substance was received;\n(d) what (if any) labels, or other means of identifying the substance,\naccompanied the substance when it was received;\n(e) what container or containers the substance was contained in\nwhen it was received;\n(f) a description, and the weight, of the substance received;\n(g) if the substance, or any part of it, is analysed—\n(i) the name of the method of analysis; and\n(ii) the results of the analysis;\n(h) how the substance was dealt with after handling by the analyst,\nincluding details of—\n(i) the quantity retained; and\n\n(ii) the name of the person (if any) to whom any retained\nquantity was given; and\n(iii) measures taken to secure any retained quantity;\n(i) that the certificate was signed by the analyst or was signed on\nbehalf of the analyst.\n(3) A certificate under this section is admissible in a proceeding for an\noffence against an Act mentioned in subsection (1), and is evidence\nof the facts stated in it, if a copy of the certificate is served by the\nparty who obtained the analysis on the other party to the proceeding\nat least 14 days before the hearing of the offence to which the\ncertificate relates.\n(4) However, a court may order, at the request of a party to the\nproceedings or on its own initiative, that the period mentioned in\nsubsection (3) be reduced to the period stated in the court’s order.\n(5) An analyst who carried out an analysis in relation to which a\ncertificate under this section is produced as evidence in a proceeding\nfor an offence against an Act mentioned in subsection (1) need not be\ncalled as a witness in the proceedings by the party producing the\ncertificate unless the court hearing the proceedings orders, at the\nrequest of a party to the proceedings or on its own initiative, that the\nanalyst be called as a witness.\n(6) If the certificate of an analyst is admitted in evidence in a proceeding,\nthe defendant may require the analyst to be called as a witness for the\nprosecution and the analyst may be cross-examined as if the analyst\nhad given evidence of the matters stated in the certificate.\n(7) Subsection (6) does not entitle a person to require the analyst to be\ncalled as a witness for the prosecution unless—\n(a) the prosecutor has been given at least 4 days notice of the\nperson’s intention to require the analyst to be called; or\n(b) the court, by order, allows the analyst to be so called.\n\n(8) If an analyst issues a certificate under this section in relation to a\nproceeding for an offence against the Criminal Code or the Drugs of\nDependence Act 1989, the analyst must give a copy of the certificate\nto the chief police officer.\n","sortOrder":203},{"sectionNumber":"136","sectionType":"section","heading":"Acts and omissions of representatives","content":"136 Acts and omissions of representatives\n(1) In this section:\nrepresentative, of a person, means—\n(a) if the person is an individual—an employee or agent of the\nperson; or\n(b) if the person is a corporation—an employee, agent or executive\nofficer of the person.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person is also taken to have been done or omitted\nto be done by the person if the representative was acting within the\nscope of the representative’s actual or apparent authority.\n(3) However, subsection (2) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(4) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission was made by a representative of\nthe person within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n\n(5) An individual who is convicted of an offence cannot be punished by\nimprisonment for the offence if the individual would not have been\nconvicted of the offence without subsection (2) or (4).\n","sortOrder":204},{"sectionNumber":"137","sectionType":"section","heading":"Determination of fees","content":"137 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A fee (a quarantine fee) may be determined in relation to costs\nincurred, or to be incurred, by the Territory in relation to a\nrequirement for a person to quarantine at a place other than the\nperson’s home because of the coronavirus disease 2019 (COVID-19)\ncaused by the novel coronavirus SARS-CoV-2.\nNote Power to make a statutory instrument (including a determination) about\na particular matter does not limit power to make a determination about\nany other matter (see Legislation Act, s 44 (3)).\n(3) If a person required to pay a quarantine fee asks for payment of the\nfee to be in instalments, deferred or waived, in considering the\nrequest, the Minister must take into account the person’s\ncircumstances, including whether they are suffering financial\nhardship.\n","sortOrder":205},{"sectionNumber":"138","sectionType":"section","heading":"Regulation-making power","content":"138 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may make provision in relation to any of the\nfollowing:\n(a) cancer reporting;\n(b) cemeteries and crematoria;\n(c) communicable disease control;\n(d) drug preparation and supply;\n\n(e) general sanitation;\n(f) private hospitals.\n(3) The regulations may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties for offences against the\nregulations of not more than—\n(a) for a person who is not a utility—10 penalty units; or\n(b) for a utility—400 penalty units.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ambulance service\n• contravene\n• director-general (see s 163)\n• doctor\n• document\n• exercise\n• function\n• nurse practitioner\n• public servant\n• public trustee and guardian\n• reviewable decision notice\n• territory law\n• territory plan\n• territory planning authority.\nabatement notice means a notice under section 69.\nactivity accreditation scheme means an activity accreditation scheme\ndetermined under section 22.\nactivity accreditation standards, for an activity accreditation scheme,\nmeans the activity accreditation standards determined under\nsection 22 for the scheme.\nactivity licence means a licence under section 30.\nactivity premises alteration, for a licensable public health risk\nactivity, means a structural alteration of premises where the activity\nis carried on, including a structural alteration of any fixtures or fittings\nof the premises.\n\nactivity register—see section 56D.\nanalyst means the following appointed under section 15:\n(a) the government analyst;\n(b) an analyst.\napproval, for division 3A.1 (Supply of syringes to approved\npeople)—see section 66A.\napproved person means—\n(a) for division 3A.1 (Supply of syringes to approved people)—see\nsection 66A; and\n(b) for division 3A.2 (Supply of syringes by vending machine)—\nsee section 66L.\nauthorisation means—\n(a) for a public health officer exercising a function under this Act—\nan authorisation given to the officer under section 12A (1) to\nexercise the function; and\n(b) for an authorised medical officer exercising a function under this\nAct—an authorisation given to the officer under section 14 (1)\nto exercise the function.\nauthorised medical officer means an authorised medical officer\nunder section 13.\nauthorised officer, in relation to the exercise of a function under this\nAct, means—\n(a) the chief health officer; or\n(b) a public health officer authorised under section 12A (1) to\nexercise the function; or\n(c) an authorised medical officer authorised under section 14 (1) to\nexercise the function.\n\nautomatic, suspension of registration—see section 56Q (1).\nchief health officer means the chief health officer under section 7.\ncode of practice means a code of practice determined under\nsection 133.\ncommunity pharmacy, for part 3B (Pharmacies)—see section 66U.\nconnected with an offence, for part 5 (Inspection and analysis)—see\nsection 75 (Definitions for pt 5).\ncontact means a person who—\n(a) has been or may have been a source of infection to a person who\nhas a notifiable condition; or\n(b) has been or may have been exposed to infection by a person with\na notifiable condition.\ncontravention, of this Act or a corresponding public health risk law,\nincludes the contravention of a notice, direction or other instrument\ngiven under this Act or such a law.\ncorresponding public health risk law, in relation to a public health\nrisk activity or a public health risk procedure, means a law of a State\nor another Territory that regulates the performance of the activity or\nprocedure, as the case may be.\ncounsellor means—\n(a) a person registered under the Health Practitioner Regulation\nNational Law (ACT) to practise in the psychology profession\n(other than as a student); or\n(b) a nurse counsellor; or\n(c) a social worker.\ncourse of instruction, for division 3A.1 (Supply of syringes to\napproved people)—see section 66A.\n\ndefined influential person, in relation to a person proposing to carry\non, or carrying on, a public health risk activity, means—\n(a) if the person is to employ or otherwise engage, or employs or\notherwise engages, a manager to carry on the activity, or that\npart of the activity that involves the performance of public health\nrisk procedures—the manager; and\n(b) if the person is a body corporate—a director, secretary, officer\nor manager of the body; and\n(c) if the person is to carry on, or carries on, the activity in\npartnership with any other person or person—\n(i) each other partner; and\n(ii) if any partner is a body corporate—a director, secretary,\nofficer or manager of the body.\ndirector, in relation to a body corporate, includes a member of a body\ncorporate incorporated for a public purpose by a law of the Territory,\nthe Commonwealth, a State or another Territory.\neducation means pre-primary, primary or secondary education.\nEIS—see the Planning Act 2023, section 94 (c).\nemergency declaration means a declaration under section 119.\nemergency direction means a direction under section 120.\nhealth worker, for division 3A.1 (Supply of syringes to approved\npeople)—see section 66A.\nimprovement notice means a notice under section 58.\ninsanitary condition means a condition, state or activity in relation to\nany of the following that a reasonable person would consider to be,\nor to be liable to become, a public health risk, damaging to public\nhealth or offensive to community health standards:\n(a) a building or structure;\n(b) land, water or land covered by water;\n\n(c) an animal, including a bird;\n(d) refuse;\n(e) noise or an emission;\n(f) any other matter or thing.\nlicensable public health risk activity means an activity declared to be\na licensable public health risk activity under section 18.\nlicensable public health risk procedure, for a licensable public health\nrisk activity, means a procedure declared to be a licensable public\nhealth risk procedure for the activity under section 18.\nlocation, for a registrable public health risk activity, means the\nprecise location on the premises where the activity is being carried\non.\nlocation-specific, for a registrable public health risk activity, means\nthat the activity is indicated under section 18 (4) to be\nlocation-specific.\nnotifiable condition means a disease or medical condition—\n(a) determined by the Minister under section 100 (1) (a); or\n(b) declared by the chief health officer under section 101 (1) (a).\nnotified suspension or cancellation, of registration—see\nsection 56P (1).\noccupier—\n(a) for this Act (other than part 5)—of a place, includes—\n(i) an owner of the place; and\n(ii) a person in charge of the place; and\n(iii) a person authorised to be present at the place as an agent of\nan occupier, owner or person in charge of the place; and\n(b) for part 5 (Inspection and analysis)—see section 75.\n\noffence, for part 5 (Inspection and analysis)—see section 75\n(Definitions for pt 5).\npathologist includes an assistant, and a technical officer, employed in\na pathology laboratory.\npatient, in relation to a doctor, means a person being professionally\nattended by the doctor.\nplace means premises or land.\npremises includes a vehicle, vessel or aircraft, and a permanent or\ntemporary structure.\nprocedure accreditation scheme means a procedure accreditation\nscheme determined under section 42D.\nprocedure accreditation standards, for a procedure accreditation\nscheme, means the procedure accreditation standards determined\nunder section 42D for the scheme.\nprocedure appliance alteration means—\n(a) for a person carrying on a licensable public health risk activity—\nthe introduction, alteration or replacement of an appliance used\nfor a procedure associated with the activity; or\n(b) for a person performing a licensable public health risk\nprocedure—the introduction, alteration or replacement of an\nappliance used for the procedure.\nprocedure licence means a licence under section 45.\nprocessing, of drinking water, for division 6B.1 (Drinking water)—\nsee section 118B (Definitions for div 6B.1).\nprocessing, of sewage, for division 6B.2 (Sewage)—see\nsection 118H (Definitions for div 6B.2).\nprohibition notice means a notice under section 61.\n\npublic health means—\n(a) the health of individuals in the context of the wider health of the\ncommunity; or\n(b) the organised response by society to protect and promote health\nand prevent illness, injury and disability.\npublic health direction means a direction under section 113.\npublic health officer means a public health officer under section 12.\npublic health risk activity means an activity declared by the Minister\nto be a public health risk activity under section 18.\npublic health risk procedure means a procedure declared by the\nMinister under section 18 to be a public health risk procedure in\nrelation to a public health risk activity.\nregistered activity means a registrable public health risk activity\nauthorised by a registration certificate.\nregistered location means the location for carrying on a registered\nactivity as mentioned on the registration certificate for the activity\nunder section 56H (c).\nregistered people register—see section 56E.\nregistered person means a person registered under section 56G to\ncarry on a registered activity.\nregistrable public health risk activity means a public health risk\nactivity declared to be registrable under section 18 (3).\nregistration means the registration, under section 56G, of a person to\ncarry on a registered activity.\nregistration certificate means a registration certificate under\nsection 56H.\n\nresponsible person, in relation to a person having a notifiable\ncondition, means—\n(a) a doctor; or\n(b) a nurse practitioner; or\n(c) a counsellor who has counselled the person in relation to the\ncondition; or\n(d) a person who is responsible for the care, support or education of\nthe person.\nreviewable decision, for part 9 (Review and appeals)—see\nsection 130.\nsewerage utility, for division 6B.2 (Sewage)—see section 118H\n(Definitions for div 6B.2).\nsyringe includes the needle section or the plunger section of a syringe.\ntransmissible notifiable condition means a notifiable condition—\n(a) determined by the Minister to be a transmissible notifiable\ncondition under section 100 (1) (b); or\n(b) declared by the chief health officer to be a transmissible\nnotifiable condition under section 101 (1) (b).\nutility—see the Utilities Act 2000, dictionary.\nvending machine, for division 3A.2 (Supply of syringes by vending\nmachine)—see section 66L.\nvending machine approval, for division 3A.2 (Supply of syringes by\nvending machine)—see section 66L.\nwater distributor, for division 6B.1 (Drinking water)—see\nsection 118B (Definitions for div 6B.1).\n\nwater supplier, for division 6B.1 (Drinking water)—see section 118B\n(Definitions for div 6B.1).\nwater utility, for division 6B.1 (Drinking water)—see section 118B\n(Definitions for div 6B.1).\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nPublic Health Act 1997 A1997-69\nnotified 9 October 1997 (Gaz 1997 No S300)\ns 1, s 2 commenced 9 October 1997 (s 2 (1))\nremainder 9 April 1998 (s 2 (3))\nas amended by\nPublic Health Amendment Act 2000 A2000-36\nnotified 20 July 2000 (Gaz 2000 No 29)\ns 1, s 2 commenced 20 July 2000 (IA s 10B)\nremainder commenced 20 July 2000 (s 2)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 13\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\npt 13 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 310\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 310 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nFood Act 2001 A2001-66 sch 2 pt 2.3\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nsch 2 pt 2.3 commenced 10 March 2002 (s 2 and LA s 79)\nLegislation Amendment Act 2002 A2002-11 sch 2 pt 2.38\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\nsch 2 pt 2.38 commenced 28 May 2002 (s 2 (1))\nCivil Law (Wrongs) Act 2002 A2002-40 div 3.2.10\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\ndiv 3.2.10 commenced 1 November 2002 (s 2 (2) and CN2002-13)\n\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.16\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.16 commenced 31 December 2002 (s 2 (2))\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.18\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.18 commenced 19 December 2003 (s 2)\nNurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 9\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\npt 9 commenced 27 May 2004 (s 2 and CN2004-9)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.74\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.74 commenced 9 April 2004 (s 2 (1))\nEmergencies Act 2004 A2004-28 sch 3 pt 3.16\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.16 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 1 pt 1.8\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 1 pt 1.8 commenced 7 July 2005 (s 2 and see Health Professionals\nAct 2004 A2004-38, s 2 and CN2005-11)\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.11 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 November 2006 (s 2 (3) (as am by\nA2006-3 amdt 1.3) and see Human Rights Commission Act 2005\nA2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)\n\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.3 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41\nHealth Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.7\nnotified LR 14 June 2006\ns 1, s 2 commenced 14 June 2006 (LA s 75 (1))\nsch 2 pt 2.7 commenced 14 December 2006 (s 2 and LA s 79)\nHealth Legislation Amendment Act 2006 (No 2) A2006-46 sch 2\npt 2.15\nnotified LR 17 November 2006\ns 1, s 2 commenced 17 November 2006 (LA s 75 (1))\nsch 2 pt 2.15 commenced 18 November 2006 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.25\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.25 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2\npt 2.20, amdt 2.25, amdt 2.29, amdt 2.30, amdt 2.32, amdt 2.33,\namdt 2.34, amdt 2.36, amdt 2.37\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.20, amdt 2.25, amdt 2.29, amdt 2.30, amdt 2.32, amdt 2.33,\namdt 2.34, amdt 2.36, amdt 2.37 commenced 14 February 2009 (s 2\nand LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.42\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.42 commenced 14 February 2009 (s 2 (5) and see\nA2008-26, s 2 and LA s 79)\n\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.61\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.61 commenced 22 September 2009 (s 2)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.17\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.17 commenced 1 July 2010 (s 2 (1) (a))\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.10\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.10 commenced 3 June 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.126\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.126 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.31\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.31 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.4, sch 3\npt 3.16\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.4, sch 3 pt 3.16 commenced 25 November 2013 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.54\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.54 commenced 14 October 2015 (s 2)\n\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.33\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.33 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nPublic Health Amendment Act 2016 A2016-54\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nremainder commenced 26 August 2016 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.30\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.30 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.5\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.5 commenced 22 November 2018 (s 2 (1))\nStatute Law Amendment Act 2019 A2019-42 sch 1 pt 1.5\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.5 commenced 14 November 2019 (s 2 (1))\nPublic Health (Emergencies) Amendment Act 2020 A2020-10 (as am\nby A2020-14 amdt 1.118)\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 commenced 29 September 2023 (s 2 (2), (3) (as am by\nA2020-14 amdt 1.118))\nremainder commenced 8 April 2020 (s 2 (1))\n\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.24\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\ns 3 taken to have commenced 30 March 2020 (s 2 (3))\nsch 1 pt 1.24 commenced 14 May 2020 (s 2 (1))\nNote This Act only amends the Public Health (Emergencies)\nAmendment Act 2020 A2020-10.\nPublic Health Amendment Act 2020 A2020-24\nnotified LR 24 June 2020\ns 1, s 2 taken to have commenced 16 March 2020 (LA s 75 (2))\nremainder taken to have commenced 16 March 2020 (s 2)\nPublic Health Amendment Act 2020 (No 2) A2020-35\nnotified LR 5 August 2020\ns 1, s 2 commenced 5 August 2020 (LA s 75 (1))\nremainder commenced 6 August 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.47\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.47 commenced 23 June 2021 (s 2 (1))\nPublic Health Amendment Act 2021 A2021-31\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\nremainder commenced 11 December 2021 (s 2)\nPublic Health Amendment Act 2022 A2022-9\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\nss 7-11 commenced 18 June 2022 (s 2 (2) (a))\nremainder commenced 24 June 2022 (s 2 (1))\nRadiation Protection Amendment Act 2022 A2022-12 sch 1\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 1 commenced 10 September 2022 (s 2)\n\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.33\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.33 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.52\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.52 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.71, sch 4\npt 4.138\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.71, sch 4 pt 4.138 commenced 26 November 2025\n(s 2 (3), (9))\n\nLong title\nlong title am A2001-66 amdt 2.5\nName of Act\ns 1 sub A2000-36 amdt 1.1\ns 2 sub A2000-36 amdt 1.1\nObjectives\ns 4 am A2002-49 amdt 3.153; A2013-44 amdt 3.159\nNotes\ns 3 sub A2000-36 amdt 1.1\nInterpretation\ns 5 am A2000-36 amdt 1.2\nom A2000-36 amdt 1.2\nConstruction consistent with certain other laws\ns 6 sub A2001-66 amdt 2.6\nam A2008-26 amdt 2.129\nOffences against Act—application of Criminal Code etc\ns 6A ins A2004-10 s 29\nam A2016-54 s 4; A2018-42 amdt 1.16\nChief health officer\ns 7 am A2001-44 amdts 1.3357-1.3364; A2002-49 amdt 3.154;\nA2013-44 amdt 3.122; A2025-29 amdt 4.139\nActing chief health officer\ns 8 sub A2002-49 amdt 3.155\nam A2011-22 amdt 1.365\nFunctions of chief health officer\ns 9 sub A2001-66 amdt 2.7\nam A2008-26 amdt 2.130; A2022-12 amdt 1.1; A2025-29\namdt 3.242\nBiennial reporting by chief health officer\ns 10 am A2002-49 amdt 3.156, amdt 3.157; A2013-44 amdt 3.159\nDelegation by chief health officer\ns 11 sub A2001-66 amdt 2.8\nam A2002-49 amdt 3.158\nsub A2008-26 amdt 2.131\nam A2022-12 amdt 1.2\n\nAppointment of public health officers\ns 12 hdg sub A2001-66 amdt 2.9; A2002-49 amdt 3.159\ns 12 am A2011-22 amdt 1.365; A2013-44 amdt 3.123\nFunctions of public health officers\ns 12A ins A2001-66 amdt 2.10\nam A2008-26 amdt 2.132; A2025-29 amdt 3.242\nAppointment of authorised medical officers\ns 13 hdg sub A2001-66 amdt 2.11\ns 13 sub A2002-49 amdt 3.160\nam A2011-22 amdt 1.365; A2013-44 amdt 3.123\nFunctions of authorised medical officers\ns 14 sub A2001-66 amdt 2.12\nam A2025-29 amdt 3.242\nAppointment of analysts\ns 15 hdg sub A2002-49 amdt 3.161\ns 15 sub A2001-66 amdt 2.12\nam A2002-49 amdt 3.161; ss renum R6 LA (see A2002-49\namdt 3.162)\nsub A2008-26 amdt 2.133\nam A2011-22 amdt 1.365; A2013-44 amdt 3.124\nFunctions of analysts\ns 15A ins A2001-66 amdt 2.12\nsub A2008-26 amdt 2.133\nAnalysts and assistants—authority to handle drugs etc\ns 15AA ins A2008-26 amdt 2.133\nNon-public servant analysts—appointment subject to conditions\ns 15B hdg sub A2002-49 amdt 3.163\ns 15B ins A2001-66 amdt 2.12\nam A2002-49 amdt 3.164; A2008-26 amdt 2.134; A2011-22\namdt 1.362, amdt 1.365\nNon-public servant analysts—procedure for imposition etc of conditions on\ndirector-general’s initiative\ns 15C hdg sub A2002-49 amdt 3.165\nam A2011-22 amdt 1.362\ns 15C ins A2001-66 amdt 2.12\nam A2011-22 amdt 1.362, amdt 1.365\nNon-public servant analysts—suspension or cancellation of appointment\ns 15D hdg sub A2002-49 amdt 3.166\ns 15D ins A2001-66 amdt 2.12\nam A2002-49 amdt 3.167; A2008-26 amdt 2.135, amdt 2.136;\nA2011-22 amdt 1.362, amdt 1.365\n\nIdentity cards\ns 16 am A2011-22 amdt 1.365; A2013-44 amdt 3.159; A2021-12\namdt 3.107\nProtection from liability\ns 17 sub A2001-66 amdt 2.13\nam A2022-9 s 4\n(1) (ca) exp 24 December 2023 (s 118ZV (1) (a))\nGeneral\ndiv 3.1 hdg (prev pt 3 div 1 hdg) sub A2000-36 amdt 1.3\nPublic health risk activities and procedures—declaration\ns 18 am A2000-36 s 4; A2001-44 amdts 1.3365-1.3367; A2013-44\namdt 3.125; A2025-29 amdt 4.139\nDifferential fees\ns 19 am A2000-36 amdt 1.4\nom A2001-44 amdt 1.3368\nCompliance with codes of practice\ns 20 am A2000-36 amdt 1.5; A2000-66 sch 1 pt 13; A2013-44\namdt 3.159\nLicensable public health risk activities\ndiv 3.2 hdg (prev pt 3 div 2 hdg) om A2000-36 amdt 1.7\nins A2000-36 amdt 1.6\nActivity licences—offences\ns 21 sub A2000-36 amdt 1.6\nam A2000-66 sch 1 pt 13\nExemption from licensing requirement—activity accreditation schemes\ns 22 sub A2000-36 amdt 1.6\nam A2001-44 amdt 1.3369; A2002-49 amdt 3.168; A2013-44\namdt 3.126, amdt 3.127; A2025-29 amdt 4.139\nActivity accreditation standards—modification\ns 23 sub A2000-36 amdt 1.6\nam A2001-44 amdts 1.3370-1.3372; A2021-12 amdt 3.108;\nAlteration of premises and appliances—offence\ns 24 sub A2000-36 amdt 1.6\nAlteration of premises and appliances—approval\ns 25 sub A2000-36 amdt 1.6\nam A2001-44 amdts 1.3373-1.3375; A2021-12 amdt 3.108;\nAlteration of premises and appliances\ns 26 om A2000-36 amdt 1.6\n\nMinisterial approvals\ns 27 om A2000-36 amdt 1.6\nInspection\ns 28 om A2000-36 amdt 1.6\nActivity licence—application\ns 29 am A2001-44 amdt 1.3376, amdt 1.3377; A2013-44\namdt 3.159; A2021-12 amdt 3.108; A2025-29 amdt 4.139\nActivity licence—grant or refusal\ns 30 am A2013-44 amdt 3.159\nActivity licence—form\ns 31 sub A2001-44 amdt 1.3378\nam A2021-12 amdt 3.108\nActivity licence—renewal\ns 33 am A2000-36 amdt 1.8; A2001-44 amdt 1.3379; A2013-44\namdt 3.159; A2025-29 amdt 4.139\nActivity licence—variation\ns 34 am A2013-44 amdt 3.159\nActivity licence—return for endorsement of variation\ns 35 am A2013-44 amdt 3.159\nActivity licence—application for transfer\ns 36 am A2001-44 amdt 1.3380; A2021-12 amdt 3.108; A2025-29\nActivity licence—grant or refusal of transfer\ns 37 am A2013-44 amdt 3.159\nActivity licence—suspension and cancellation\ns 39 am A2013-44 amdt 3.159\nActivity licence—emergency suspension\ns 40 am A2013-44 amdt 3.159\nActivity licence—return of defunct licences\ns 42 am A2013-44 amdt 3.159\nLicensable public health risk activities—false representation\ns 42A ins A2000-36 amdt 1.9\nam A2000-66 sch 1 pt 13; A2021-12 amdt 3.155\nLicensable public health risk activities—inspection\ns 42B ins A2000-36 amdt 1.9\nLicensable public health risk procedures\ndiv 3.3 hdg (prev pt 3 div 3 hdg) sub A2000-36 amdt 1.9\n\nProcedure licences—offences\ns 42C ins A2000-36 amdt 1.9\nExemption from licensing requirement—procedure accreditation schemes\ns 42D ins A2000-36 amdt 1.9\nam A2001-44 amdt 1.3381; A2002-49 amdt 3.169; A2013-44\namdt 3.128, amdt 3.129; A2025-29 amdt 4.139\nProcedure accreditation standards—modification\ns 42E ins A2000-36 amdt 1.9\nam A2001-44 amdts 1.3382-1.3384; A2021-12 amdt 3.108;\nAlteration of appliances—offence\ns 42F ins A2000-36 amdt 1.9\nAlteration of appliances—approval\ns 42G ins A2000-36 amdt 1.9\nam A2001-44 amdts 1.3385-1.3387; A2021-12 amdt 3.108;\nProcedure licence—application\ns 43 am A2001-44 amdt 1.3388; A2021-12 amdt 3.108; A2025-29\nProcedure licence—grant or refusal\ns 45 am A2013-44 amdt 3.159; A2021-12 amdt 3.109\nProcedure licence—form\ns 46 sub A2001-44 amdt 1.3389\nam A2021-12 amdt 3.110\nProcedure licence—annual fees\ns 47 am A2001-44 amdt 1.3390; A2013-44 amdt 3.159\nProcedure licence—suspension and cancellation for failure to pay annual fee\ns 48 am A2001-44 amdt 1.3391; A2002-49 amdt 3.170,\namdt 3.171; ss renum R6 LA (see A2002-49 amdt 3.172);\nA2013-44 amdt 3.159; A2021-12 amdt 3.111\nProcedure licence—variation\ns 49 am A2013-44 amdt 3.159\nProcedure licence—return for endorsement of variation\ns 50 am A2013-44 amdt 3.159\nProcedure licence—suspension and cancellation\ns 53 am A2013-44 amdt 3.159; A2021-12 amdt 3.112\nProcedure licence—emergency suspension\ns 54 am A2013-44 amdt 3.159\n\nProcedure licence—return of defunct licences\ns 56 am A2013-44 amdt 3.159\nLicensable public health risk procedures—false representation\ns 56A ins A2000-36 amdt 1.10\nam A2021-12 amdt 3.155\nProcedure licence—inspection\ns 56B ins A2000-36 amdt 1.10\nRegistration of public health risk activities\ndiv 3.4 hdg ins A2000-36 s 5\nRegistrable public health risk activities—offences\ns 56C ins A2000-36 s 5\nActivity register\ns 56D ins A2000-36 s 5\nRegistered people register\ns 56E ins A2000-36 s 5\nRegistration—application\ns 56F ins A2000-36 s 5\nam A2001-44 amdts 1.3392-1.3394; A2021-12 amdt 3.113;\nRegistration—grant or refusal\ns 56G ins A2000-36 s 5\nRegistration—certificate\ns 56H ins A2000-36 s 5\nam A2001-44 amdts 1.3395-1.3397; A2021-12 amdt 3.113\nRegistration—duration\ns 56J ins A2000-36 s 5\nRegistration—renewal\ns 56K ins A2000-36 s 5\nam A2001-44 amdt 1.3398; A2025-29 amdt 4.139\nRegistration—change of information\ns 56L ins A2000-36 s 5\nRegistration—application for approval of transfer\ns 56M ins A2000-36 s 5\nam A2001-44 amdt 1.3399; A2021-12 amdt 3.113; A2025-29\nRegistration—grant or refusal of transfer\ns 56N ins A2000-36 s 5\nRegistration—notified suspension and cancellation\ns 56P ins A2000-36 s 5\n\nRegistration—automatic suspension (prohibition notice)\ns 56Q ins A2000-36 s 5\nRegistration—return of suspended or cancelled certificates\ns 56R ins A2000-36 s 5\nRegistration—surrender\ns 56S ins A2000-36 s 5\nRegistration—false representation\ns 56T ins A2000-36 s 5\nam A2021-12 amdt 3.155\nRegistration—inspection\ns 56U ins A2000-36 s 5\nRegistration of specialised systems\ndiv 3.5 hdg ins A2000-36 s 5\nDefinitions for div 3.5\ns 56V ins A2000-36 s 5\ndef commencement day sub A2002-49 amdt 3.173\nMeaning of specialised system\ns 56W ins A2000-36 s 5\nSpecialised systems—registrable public health risk activity\ns 56X ins A2000-36 s 5\nSystem licences—registration\ns 56Y ins A2000-36 s 5\nSystem licences—transitional applications\ns 56Z ins A2000-36 s 5\nSystem licences—transitional renewals\ns 56ZA ins A2000-36 s 5\nSystem licences—transitional transfers\ns 56ZB ins A2000-36 s 5\nSystem licences—transitional suspension\ns 56ZC ins A2000-36 s 5\n\nExpiry of div 3.5\ns 56ZD ins A2000-36 s 5\nImprovement notices\ndiv 3.6 hdg (prev pt 3 div 4 hdg)\nsub A2000-36 amdt 1.11\nImprovement notice—compliance\ns 57 am A2000-66 sch 1 pt 13; A2013-44 amdt 3.159\nImprovement notice—issue\ns 58 am A2002-49 amdt 3.174; A2013-44 amdt 3.159\nImprovement notice—extension of compliance period\ns 59 am A2013-44 amdt 3.159; A2021-12 amdt 3.156\nImprovement notice—revocation\ns 60 am A2001-44 amdt 1.3400; A2013-44 amdt 3.159; A2021-12\nProhibition notices\ndiv 3.7 hdg (prev pt 3 div 5 hdg)\nins A2000-36 amdt 1.11\nProhibition notice—issue\ns 61 am A2002-49 amdt 3.175; A2013-44 amdt 3.130, amdt 3.159\nProhibition notice—extension of compliance period\ns 62 am A2013-44 amdt 3.159; A2021-12 amdt 3.156\nProhibition notice—display\ns 63 am A2013-44 amdt 3.159; A2021-12 amdt 3.114\nProhibition notice—implementation\ns 64 am A2013-44 amdt 3.131; A2021-12 amdt 3.115, amdt 3.156\nProhibition notice—revocation\ns 65 am A2001-44 amdt 1.3401; A2013-44 amdt 3.159; A2021-12\nProhibition orders\ns 66 am A2000-36 amdt 1.12; A2000-66 sch 1 pt 13; A2013-44\namdt 3.132, amdt 3.159\nSupply of syringes\npt 3A hdg ins A2008-26 amdt 2.137\nSupplying syringes to approved people\ndiv 3A.1 hdg ins A2008-26 amdt 2.137\n\nDefinitions—div 3A.1\ns 66A ins A2008-26 amdt 2.137\ndef approval ins A2008-26 amdt 2.137\ndef approved person ins A2008-26 amdt 2.137\ndef course of instruction ins A2008-26 amdt 2.137\ndef health worker ins A2008-26 amdt 2.137\nCourses of instruction\ns 66B ins A2008-26 amdt 2.137\nDistribution of syringes—approval\ns 66C reloc from Drugs of Dependence Act 1989 s 86 by A2008-26\namdt 2.25\nam A2013-44 amdt 3.159; A2021-12 amdt 3.116, amdt 3.117\nApproval—surrender\ns 66D reloc from Drugs of Dependence Act 1989 s 87 by A2008-26\namdt 2.25\nApproval—cancellation\ns 66E reloc from Drugs of Dependence Act 1989 s 88 by A2008-26\namdt 2.29\nApproval—duration\ns 66F reloc from Drugs of Dependence Act 1989 s 89 by A2008-26\namdt 2.29\nam A2013-44 amdt 3.133\nApproval—renewal\ns 66G reloc from Drugs of Dependence Act 1989 s 90 by A2008-26\nApproval—production to police\ns 66H reloc from Drugs of Dependence Act 1989 s 91 by A2008-26\nApproval—lending to another person\ns 66I reloc from Drugs of Dependence Act 1989 s 92 by A2008-26\nApproval—no liability for ancillary offences\ns 66J reloc from Drugs of Dependence Act 1989 s 93 by A2008-26\namdt 2.32\nam A2013-44 amdt 3.134, amdt 3.135; A2021-12 amdt 3.118\n\nReturn of approval to chief health officer\ns 66K reloc from Drugs of Dependence Act 1989 s 94 by A2008-26\namdt 2.33\nSupplying syringes by vending machine\ndiv 3A.2 hdg ins A2008-26 amdt 2.137\nDefinitions—div 3A.2\ns 66L ins A2008-26 amdt 2.137\ndef approved person ins A2008-26 amdt 2.137\ndef vending machine ins A2008-26 amdt 2.137\ndef vending machine approval ins A2008-26 amdt 2.137\nApplication for vending machine approval\ns 66M reloc from Drugs of Dependence Act 1989 s 94B by A2008-26\nam A2021-12 amdt 3.119\nFurther information for vending machine approval application\ns 66N reloc from Drugs of Dependence Act 1989 s 94C by A2008-26\nDecision about vending machine approval application\ns 66O reloc from Drugs of Dependence Act 1989 s 94D by A2008-26\nVending machine approval—conditions\ns 66P reloc from Drugs of Dependence Act 1989 s 94E by A2008-26\nVending machine approval—surrender\ns 66Q reloc from Drugs of Dependence Act 1989 s 94F by A2008-26\nam A2021-12 amdt 3.120\nVending machine approval—cancellation\ns 66R reloc from Drugs of Dependence Act 1989 s 94G by A2008-26\namdt 2.36\nVending machine approval—return on surrender or cancellation\ns 66S reloc from Drugs of Dependence Act 1989 s 94H by A2008-26\namdt 2.37\nVending machine approval—no liability for ancillary offences\ns 66T reloc from Drugs of Dependence Act 1989 s 94I by A2008-26\namdt 2.37\nTransitional—syringe approvals under Drugs of Dependence Act\ndiv 3A.3 hdg ins A2008-26 amdt 2.137\n\nPharmacies\npt 3B hdg ins A2013-44 amdt 1.32\nMeaning of community pharmacy—pt 3B\ns 66U orig s 66U\ndef commencement day ins A2008-26 amdt 2.137\ndef Drugs of Dependence Act ins A2008-26 amdt 2.137\npres s 66U\nreloc from Health Act 1993 s 128 by A2013-44 amdt 1.18\nOwnership of pharmacy business\ns 66V orig s 66V\nexp 14 February 2011 (s 66X (LA s 88 declaration applies))\npres s 66V\nreloc from Public Health Regulation 2000 s 62 by A2013-44\namdt 1.37\nam A2016-13 amdt 1.115\nStandard of premises\ns 66W orig s 66W\nsub A2008-36 amdt 1.576\nexp 14 February 2011 (s 66X (LA s 88 declaration applies))\npres s 66W\nreloc from Health Act 1993 s 128B by A2013-44 amdt 1.22\nss renum R25 LA\nRestriction on pharmacy premises—supermarkets\ns 66X orig s 66X\npres s 66X\nreloc from Health Act 1993 s 129 by A2013-44 amdt 1.22\nam A2023-36 amdt 1.312\nOffence—insanitary conditions\ns 67 am A2013-44 amdt 3.159\nsub A2016-54 s 5\nComplaints about insanitary conditions\ns 68 am A2013-44 amdt 3.159; A2021-12 amdt 3.121\nAbatement notices—issue\ns 69 am A2002-49 amdt 3.176; A2013-44 amdt 3.159; A2021-12\namdt 3.122, amdt 3.123, amdt 3.156\n\nAbatement notice—extension of compliance period\ns 70 am A2013-44 amdt 3.159; A2021-12 amdt 3.156\nAbatement notice—implementation\ns 71 am A2013-44 amdt 3.159; A2021-12 amdt 3.124, amdt 3.156\nAbatement notice—revocation\ns 72 am A2001-44 amdt 1.3402; A2013-44 amdt 3.159; A2021-12\nAbatement orders\ns 73 am A2000-36 amdt 1.13; A2000-66 sch 1 pt 13; A2013-44\namdt 3.136, amdt 3.159; A2016-54 s 6, s 7; ss renum R28 LA\nJoint and several responsibility for insanitary conditions\ns 74 am A2021-12 amdts 3.125-3.127\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R2 LA\nDefinitions for pt 5\ns 75 sub A2002-49 amdt 3.177\nAuthorised officers’ powers\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R2 LA\nEntry\ns 76 am A2006-46 amdt 2.37; A2021-12 amdt 3.128, amdt 3.156\nConsent to entry\ns 77 am A2013-44 amdt 3.159; A2021-12 amdt 3.129, amdt 3.130,\namdt 3.155\nPowers upon entry\ns 78 am A2004-15 amdt 2.151; A2021-12 amdt 3.131, amdt 3.132\nPower to require name and address\ns 79 am A2004-15 amdt 2.152; A2013-44 amdt 3.159; A2021-12\namdt 3.133\nSearch warrants\ns 80 am A2013-44 amdt 3.159\nWarrants by telephone or other electronic means\ns 81 am A2013-44 amdt 3.159; A2018-33 amdt 1.58\nObstruction of authorised officers\ns 82 am A2000-66 sch 1 pt 13; A2002-11 amdt 2.78, amdt 2.79;\nA2002-49 amdt 3.178\nom A2004-15 amdt 2.153\nFalse information\ns 83 am A2000-66 sch 1 pt 13\nom A2004-15 amdt 2.153\n\nSeizure\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R2 LA\nSeizure notices\ns 84 am A2013-44 amdt 3.159\nDetention of things at place of seizure\ns 85 hdg sub A2002-49 amdt 3.179\ns 85 am A2013-44 amdt 3.159\nInterference with seized things\ns 86 am A2002-49 amdt 3.180; A2013-44 amdt 3.159; A2021-12\namdt 3.134\nAccess to seized records\ns 87 am A2013-44 amdt 3.159; A2021-12 amdt 3.135\nReturn of seized things\ns 88 am A2013-44 amdt 3.159\nCourt orders for relief against seizure\ns 89 am A2013-44 amdt 3.137, amdt 3.138, amdt 3.159;\nA2021-12 amdt 3.136\nCost of destruction or disposal of things forfeited\ns 91 am A2021-12 amdt 3.137\nDestruction of contaminated items\ns 92 am A2013-44 amdt 3.139\nAnalysis\ndiv 5.4 hdg (prev pt 5 div 4 hdg) renum R2 LA\nAnalyst’s power of entry\ns 93 am A2000-66 sch 1 pt 13; A2008-26 amdt 2.138; A2013-44\namdt 3.159; A2021-12 amdt 3.138\nNotice of taking of sample\ns 94 am A2013-44 amdt 3.159; A2021-12 amdt 3.139, amdt 3.140\nAnalysis\ns 95 om A2008-26 amdt 2.139\nCertificate evidence of analysis\ns 96 om A2008-26 amdt 2.139\nProhibited use of analysis\ns 98 am A2000-66 sch 1 pt 13; A2013-44 amdt 3.159\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA\nPrinciples—notifiable conditions\ns 99 am A2013-44 amdt 3.159\n\nNotifiable conditions—Ministerial determination\ns 100 am A2001-44 amdt 1.3403, amdt 1.3404; A2002-49\namdt 3.181; A2006-46 amdt 2.38; ss renum R14 LA;\nA2013-44 amdts 3.140-3.142; A2025-29 amdt 4.139\nNotifiable conditions—temporary status\ns 101 am A2001-44 amdt 1.3405, amdt 1.3406; A2003-56\namdt 3.172; A2006-46 amdt 2.39; ss renum R14 LA;\nA2013-44 amdt 3.143; A2025-29 amdt 4.139\nNotification of notifiable conditions\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA\nNotification by doctors and nurse practitioners\ns 102 hdg sub A2018-42 amdt 1.17\ns 102 sub A2004-10 s 30\nam A2004-39 amdt 1.36, amdt 1.37; A2005-41 amdt 1.121,\namdt 1.122; A2010-10 amdt 2.110; A2013-44 amdt 3.144;\nA2018-42 amdt 1.18, amdt 1.24; A2021-12 amdt 3.141;\nDoctors and nurse practitioners—failure to notify\ns 102A hdg sub A2018-42 amdt 1.19\ns 102A ins A2004-10 s 30\nam A2018-42 amdt 1.24; A2021-12 amdt 3.141\nPathologists\ns 103 am A2013-44 amdt 3.159; A2021-12 amdt 3.142, amdt 3.143\nHospitals\ns 104 am A2013-44 amdt 3.159\nNotification by responsible people\nS 105 hdg am R6 LA\ns 105 am A2002-49 amdt 3.182; A2013-44 amdt 3.159\nNotification by affected person—notifiable conditions\ns 106 hdg sub A2021-12 amdt 3.144\ns 106 am A2013-44 amdts 3.145-3.147, amdt 3.159; A2021-12\namdt 3.145\nUnauthorised assertions\ns 107 am A2013-44 amdt 3.159\nAuthorised notification of contacts\ns 108 am A2004-10 s 31; A2013-44 amdts 3.148-3.150; A2018-42\namdt 1.24; A2021-12 amdt 3.146\nUse of notified information\ns 109 am A2013-44 amdt 3.159\n\nDisclosure of information—person with notifiable condition\ns 110 hdg sub A2021-12 amdt 3.147\ns 110 am A2013-44 amdt 3.159\nDisclosure of information that identifies doctor etc\ns 111 sub A2004-10 s 32\nam A2018-42 amdt 1.24\nPublic health hazards\ndiv 6.3 hdg (prev pt 6 div 3 hdg) renum R2 LA\nNotification of public health hazards\ns 112 am A2013-44 amdt 3.159\nPublic health directions—issue\ns 113 am A2013-44 amdt 3.151, amdt 3.152, amdt 3.159;\nA2021-12 amdts 3.148-3.150\nPublic health directions—notice to doctor or nurse practitioner\ns 114 hdg am A2018-42 amdt 1.24\ns 114 sub A2004-10 s 33\nam A2018-42 amdt 1.24\nPublic health directions—extension of compliance period\ns 115 am A2013-44 amdt 3.159; A2021-12 amdt 3.156\nPublic health direction—confinement\ns 115A ins A2006-46 amdt 2.40\nPublic health direction—implementation\ns 116 am A2002-49 amdt 3.183; A2013-44 amdt 3.159; A2021-12\namdt 3.151, amdt 3.156\nPublic health directions—revocation\ns 117 am A2001-44 amdt 1.3407; A2013-44 amdt 3.159; A2021-12\nPublic health orders\ns 118 am A2000-36 amdt 1.14; A2000-66 sch 1 pt 13; A2013-44\namdt 3.159\nPublic health alerts\npt 6A hdg ins A2000-66 sch 1 pt 13\nPublic health alerts\ns 118A ins A2000-66 sch 1 pt 13\nsub A2001-44 amdt 1.3408\nDrinking water and sewage processing\npt 6B hdg ins A2000-66 sch 1 pt 13\n\nDrinking water\ndiv 6B.1 hdg (prev pt 6B div 1 hdg) ins A2000-66 sch 1 pt 13\nrenum R2 LA\nDefinitions for div 6B.1\ns 118B ins A2000-66 sch 1 pt 13\ndef water distributor sub A2025-29 amdt 3.243\nRelationship with other provisions of this Act\ns 118C ins A2000-66 sch 1 pt 13\nWater processing health risk—public warning by utility\ns 118D ins A2000-66 sch 1 pt 13\nsub A2001-44 amdt 1.3409\nam A2009-20 amdt 3.167; A2015-33 amdt 1.191; A2025-29\nMisleading information about water processing\ns 118E ins A2000-66 sch 1 pt 13\nProvision of water processing information to chief health officer\ns 118F ins A2000-66 sch 1 pt 13\nContaminated drinking water provided by water utility\ns 118G ins A2000-66 sch 1 pt 13\nSewage\ndiv 6B.2 hdg (prev pt 6B div 2 hdg) ins A2000-66 sch 1 pt 13\nrenum R2 LA\nDefinitions for div 6B.2\ns 118H ins A2000-66 sch 1 pt 13\nRelationship with other provisions of this Act\ns 118I ins A2000-66 sch 1 pt 13\nSewage processing health risk—public warning by utility\ns 118J ins A2000-66 sch 1 pt 13\nsub A2001-44 amdt 1.3410\nam A2009-20 amdt 3.167; A2015-33 amdt 1.192; A2025-29\nMisleading information about sewage processing\ns 118K ins A2000-66 sch 1 pt 13\nProvision of sewage processing information to chief health officer\ns 118L ins A2000-66 sch 1 pt 13\nPublic health measures—COVID-19\npt 6C hdg ins A2022-9 s 5\n\ndiv 6C.1 hdg ins A2022-9 s 5\nObjects—pt 6C\ns 118M ins A2022-9 s 5\nDefinitions—pt 6C\ns 118N ins A2022-9 s 5\ndef chief health officer direction ins A2022-9 s 5\ndef chief health officer exemption guideline ins A2022-9 s 5\ndef Ministerial direction ins A2022-9 s 5\ndef Ministerial exemption guideline ins A2022-9 s 5\ndef segregation or isolation direction ins A2022-9 s 5\ndef vaccination direction ins A2022-9 s 5\ndef vaccination exemption guideline ins A2022-9 s 5\nCOVID-19 management declaration\ndiv 6C.2 hdg ins A2022-9 s 5\nCOVID-19 management declaration—general\ns 118O ins A2022-9 s 5\nCOVID-19 management declaration—duration\ns 118P ins A2022-9 s 5\nCOVID-19 management declaration—consultation and public notice\ns 118Q ins A2022-9 s 5\nMinisterial directions\ndiv 6C.3 hdg ins A2022-9 s 5\nMinisterial directions—general\ns 118R ins A2022-9 s 5\n\nMinisterial directions—duration\ns 118S ins A2022-9 s 5\nMinisterial directions—consultation and public notice\ns 118T ins A2022-9 s 5\nChief health officer directions\ndiv 6C.4 hdg ins A2022-9 s 5\nChief health officer directions—general\ns 118U ins A2022-9 s 5\nChief health officer directions—additional matters for segregation or\nisolation directions\ns 118V ins A2022-9 s 5\nChief health officer directions—duration\ns 118W ins A2022-9 s 5\nChief health officer directions—review\ns 118X ins A2022-9 s 5\nChief health officer directions—consultation and public notice\ns 118Y ins A2022-9 s 5\nVaccination directions\ndiv 6C.5 hdg ins A2022-9 s 5\nVaccination directions—general\ns 118Z ins A2022-9 s 5\nVaccination directions—duration\ns 118ZA ins A2022-9 s 5\nVaccination directions—consultation and public notice\ns 118ZB ins A2022-9 s 5\nExemptions\ndiv 6C.6 hdg ins A2022-9 s 5\n\nsdiv 6C.6.1 hdg ins A2022-9 s 5\nDefinitions—div 6C.6\ns 118ZC ins A2022-9 s 5\ndef affected person ins A2022-9 s 5\ndef externally reviewable decision ins A2022-9 s 5\ndef external reviewer ins A2022-9 s 5\ndef internally reviewable decision ins A2022-9 s 5\ndef relevant decision-maker ins A2022-9 s 5\ndef standing exemption ins A2022-9 s 5\nExemptions—Ministerial and chief health officer directions\nsdiv 6C.6.2 hdg ins A2022-9 s 5\nStanding exemption\ns 118ZD ins A2022-9 s 5\nExemptions—application\ns 118ZE ins A2022-9 s 5\nExemptions—decision\ns 118ZF ins A2022-9 s 5\nExemptions—Ministerial and chief health officer direction—internal review\nsdiv 6C.6.3 hdg ins A2022-9 s 5\nInternal review—application\ns 118ZG ins A2022-9 s 5\nInternal review—decision\ns 118ZH ins A2022-9 s 5\nExemptions—Ministerial and chief health officer directions—external review\nsdiv 6C.6.4 hdg ins A2022-9 s 5\n\nExternal reviewer\ns 118ZI ins A2022-9 s 5\nExternal review—application\ns 118ZJ ins A2022-9 s 5\nExternal review—decision\ns 118ZK ins A2022-9 s 5\nExemptions—vaccination directions—internal review\nsdiv 6C.6.5 hdg ins A2022-9 s 5\nInternal review—vaccination direction—application\ns 118ZL ins A2022-9 s 5\nInternal review—vaccination direction—decision\ns 118ZM ins A2022-9 s 5\nExemption guidelines\nsdiv 6C.6.6 hdg ins A2022-9 s 5\nExemptions—Ministerial directions—guidelines\ns 118ZN ins A2022-9 s 5\nExemptions—chief health officer directions—guidelines\ns 118ZO ins A2022-9 s 5\nExemptions—vaccination directions—guidelines\ns 118ZP ins A2022-9 s 5\nMiscellaneous\ndiv 6C.7 hdg ins A2022-9 s 5\nOffence—failure to comply with direction\ns 118ZQ ins A2022-9 s 5\nDirections—cautioning requirements\ns 118ZR ins A2022-9 s 5\n\nCompensation—pt 6C\ns 118ZS ins A2022-9 s 5\nConsideration of Ministerial and chief health officer directions by standing\ncommittee of Assembly\ns 118ZT ins A2022-9 s 5\nOversight functions unaffected\ns 118ZU ins A2022-9 s 5\nExpiry—pt 6C\ns 118ZV ins A2022-9 s 5\nEmergency declarations\ns 119 am A2001-44 amdt 1.3411; A2009-20 amdt 1.167; A2013-44\namdt 3.153, amdt 3.159; A2015-33 amdt 1.193; A2020-10\ns 4, s 5; A2022-9 s 6, s 7; A2020-10 amdt 1.1, amdt 1.2;\nEmergency actions and directions\ns 120 am A2000-66 sch 1 pt 13; A2013-44 amdt 3.154, amdt 3.159;\nA2020-10 ss 6-10; ss renum R32; A2021-12 amdt 3.152,\namdt 3.153; A2021-31 s 4, s 5; A2022-9 s 8, s 9\n(4A), (9) exp 29 September 2023 (s 120D)\nCOVID-19 directions—notification requirement\ns 120A ins A2021-31 s 6\nCOVID-19 directions—offence\ns 120B ins A2021-31 s 6\nCOVID-19 directions—cautioning requirements\ns 120C ins A2021-31 s 6\nCOVID-19 directions—expiry\ns 120D ins A2021-31 s 6\nam A2022-9 s 10, s 11\nEmergency powers\ns 121 am A2003-56 amdt 3.173, amdt 3.174; A2004-28 amdt 3.52,\namdt 3.53; A2008-26 amdt 2.140, amdt 2.141;\nA2022-14 amdt 3.193, amdt 3.194\n\nCompensation\ns 122 am A2002-40 amdt 3.34; A2002-49 amdt 3.184, amdt 3.185;\nA2020-10 s 11; A2020-24 s 4, s 5; A2022-9 s 12, s 13\nReports on emergencies\ns 123 am A2002-49 amdt 3.186; A2013-44 amdt 3.159\nCheck-in information—COVID-19\npt 7A hdg ins A2022-9 s 14\nDefinitions—pt 7A\ns 123A ins A2022-9 s 14\ndef authorised collector ins A2022-9 s 14\ndef Check In CBR app ins A2022-9 s 14\ndef check-in information ins A2022-9 s 14\ndef contact tracing ins A2022-9 s 14\ndef court ins A2022-9 s 14\ndef COVID-19 public health direction ins A2022-9 s 14\ndef permitted purpose ins A2022-9 s 14\ndef statistical or summary information ins A2022-9 s 14\ndef use ins A2022-9 s 14\nCollection of check-in information\ns 123B ins A2022-9 s 14\nUse of check-in information\ns 123C ins A2022-9 s 14\nCheck-in information not admissible in court\ns 123D ins A2022-9 s 14\nProtecting and destroying check-in information\ns 123E ins A2022-9 s 14\n\nExpiry—pt 7A\ns 123F ins A2022-9 s 14\nInvestigations\ns 124 am A2002-49 amdt 3.187; A2007-25 amdt 1.155; A2013-44\namdt 3.159; A2023-36 amdt 1.313\nProcedure\ns 125 am A2013-44 amdt 3.159\nReports\ns 127 am A2002-49 amdt 3.188; A2013-44 amdt 3.159\nProtection and immunity\ns 128 am A2002-49 amdt 3.189\nInvestigation offences\ns 129 am A2000-66 sch 1 pt 13; A2013-44 amdt 3.159\nMeaning of reviewable decision—pt 9\ns 130 am A2000-36 s 6; A2001-66 amdt 2.14; A2002-49\namdts 3.190-3.192\nsub A2008-26 amdt 2.142; A2008-36 amdt 1.577\nReviewable decision notices\ns 131 am A2000-36 s 7; A2001-66 amdts 2.15-2.17\nsub A2008-26 amdt 2.142; A2008-36 amdt 1.577\nApplications for review\ns 131A ins A2008-36 amdt 1.577\nCodes of practice\ns 133 am A2001-44 amdt 1.3412, amdt 1.3413; A2002-49\namdt 3.193; A2013-44 amdts 3.155-3.157; A2016-54 s 8;\nss renum R28 LA; A2025-29 amdt 4.139\nDeclarations for the Planning Act 2023\ns 134 sub A2007-25 amdt 1.156\nam A2010-18 amdt 3.11\nsub A2023-36 amdt 1.314\nEvidence—costs and expenses\ns 135 hdg sub A2011-48 amdt 1.48\ns 135 am A2002-49 amdt 3.194; A2011-48 amdt 1.48\nEvidence—certificates by analysts\ns 135A ins A2008-26 amdt 2.143\nActs and omissions of representatives\ns 136 sub A2002-49 amdt 3.195\n\nExpiry—certain definitions\ns 136A ins A2022-9 s 15\nom R44 LA\nDetermination of fees\ns 137 am A2000-36 amdt 1.15, amdt 1.16\nsub A2001-44 amdt 1.3414\nam A2013-44 amdt 3.158; A2020-35 s 4; ss renum R33 LA;\nApproved forms\ns 137A ins A2001-44 amdt 1.3414\nam A2013-44 amdt 3.158\nom A2021-12 amdt 3.154\nRegulation-making power\ns 138 sub A2000-36 s 8\n(4)-(6) exp R1 (LRA s 15 (1) (o) (iv))\nam A2000-66 sch 1 pt 13; A2001-44 amdt 1.3415,\namdt 1.3416; A2019-42 amdt 1.41; pars renum R31 LA;\nReferences to health care professional in DI2001-187\ns 139 ins A2004-39 amdt 1.38\nexp 9 January 2009 (s 139 (3))\nModification of Act\npt 11 hdg ins A2004-39 amdt 1.38\nApplication of pt 11\ns 140 ins A2004-39 amdt 1.38\nSection 102 (5) (a)\ns 141 ins A2004-39 amdt 1.38\nDictionary, definition of counsellor, paragraph (a)\ns 142 ins A2004-39 amdt 1.38\nExpiry of pt 11\ns 143 ins A2004-39 amdt 1.38\n\ndict ins A2000-36 s 9\nam A2002-49 amdt 3.196; A2004-28 amdt 3.54; A2008-26\namdt 2.144; A2008-36 amdt 1.578; A2009-20 amdt 3.168;\nA2011-22 amdt 1.363, amdt 1.364; A2015-33 amdt 1.194;\nA2016-13 amdt 1.116; A2018-42 amdt 1.20; A2023-36\namdt 1.315; A2025-29 amdt 3.244\ndef abatement notice reloc from s 5 A2000-36 amdt 1.2\ndef activity accreditation scheme ins A2000-36 s 9\ndef activity accreditation standards ins A2000-36 s 9\ndef activity licence reloc from s 5 A2000-36 amdt 1.2\ndef activity premises alteration ins A2000-36 s 9\ndef activity register ins A2000-36 s 9\ndef affected person ins A2022-9 s 16\ndef analyst reloc from s 5 A2000-36 amdt 1.2\nsub A2008-26 amdt 2.145\ndef approval ins A2008-26 amdt 2.146\ndef approved person ins A2008-26 amdt 2.146\ndef authorisation reloc from s 5 A2000-36 amdt 1.2\nsub A2002-49 amdt 3.197\ndef authorised collector ins A2022-9 s 16\ndef authorised medical officer reloc from s 5 A2000-36\ndef authorised nurse practitioner ins A2004-10 s 34\nom A2018-42 amdt 1.21\ndef authorised officer reloc from s 5 A2000-36 amdt 1.2\nsub A2002-49 amdt 3.198\ndef automatic ins A2000-36 s 9\ndef Check In CBR app ins A2022-9 s 16\ndef check-in information ins A2022-9 s 16\ndef chief health officer reloc from s 5 A2000-36 amdt 1.2\ndef chief health officer direction ins A2022-9 s 16\ndef chief health officer exemption guideline ins A2022-9\ns 16\ndef code of practice reloc from s 5 A2000-36 amdt 1.2\ndef community pharmacy ins A2013-44 amdt 1.33\ndef connected ins A2002-49 amdt 3.199\ndef contact reloc from s 5 A2000-36 amdt 1.2\ndef contact tracing ins A2022-9 s 16\n\ndef contravention ins A2000-36 s 9\ndef corresponding public health risk law reloc from s 5\nA2000-36 amdt 1.2\ndef counsellor reloc from s 5 A2000-36 amdt 1.2\nam A2004-39 amdt 1.39; A2010-10 amdt 2.111\ndef course of instruction ins A2008-26 amdt 2.146\ndef court ins A2022-9 s 16\ndef COVID-19 ins A2022-9 s 16\ndef COVID-19 emergency declaration ins A2022-9 s 16\ndef COVID-19 management declaration ins A2022-9 s 16\ndef COVID-19 public health direction ins A2022-9 s 16\ndef defined influential person reloc from s 5 A2000-36\ndef determined fee reloc from s 5 A2000-36 amdt 1.2\nom R2 LA\ndef director reloc from s 5 A2000-36 amdt 1.2\ndef education reloc from s 5 A2000-36 amdt 1.2\ndef EIS ins A2007-25 amdt 1.157\nsub A2023-36 amdt 1.316\ndef emergency declaration reloc from s 5 A2000-36 amdt 1.2\ndef emergency direction reloc from s 5 A2000-36 amdt 1.2\ndef environmental impact statement ins A2007-25\namdt 1.158\nom A2023-36 amdt 1.317\ndef externally reviewable decision ins A2022-9 s 16\ndef external reviewer ins A2022-9 s 16\nom R43 LA\ndef functions reloc from s 5 A2000-36 amdt 1.2\nom R2 LA\ndef health worker ins A2008-26 amdt 2.146\ndef improvement notice reloc from s 5 A2000-36 amdt 1.2\ndef insanitary condition reloc from s 5 A2000-36 amdt 1.2\ndef internally reviewable decision ins A2022-9 s 16\ndef licensable public health risk activity ins A2000-36 s 9\ndef licensable public health risk procedure ins A2000-36\ns 9\ndef location ins A2000-36 s 9\ndef location-specific ins A2000-36 s 9\ndef medical practitioner reloc from s 5 A2000-36 amdt 1.2\nom R6 LA\n\ndef Ministerial direction ins A2022-9 s 16\ndef Ministerial exemption guideline ins A2022-9 s 16\ndef notifiable condition reloc from s 5 A2000-36 amdt 1.2\ndef notified suspension or cancellation ins A2000-36 s 9\ndef nurse practitioner position ins A2004-10 s 34\nsub A2006-27 amdt 2.10\nom A2018-42 amdt 1.21\ndef occupier ins A2000-36 s 9\nsub A2003-56 amdt 3.175\ndef occupier ins A2002-49 amdt 3.200\nsub A2003-56 amdt 3.175\ndef offence ins A2002-49 amdt 3.200\ndef pathologist reloc from s 5 A2000-36 amdt 1.2\ndef patient reloc from s 5 A2000-36 amdt 1.2\nsub A2008-26 amdt 2.147\ndef permitted purpose ins A2022-9 s 16\ndef place reloc from s 5 A2000-36 amdt 1.2\ndef premises reloc from s 5 A2000-36 amdt 1.2\ndef procedure accreditation scheme ins A2000-36 s 9\ndef procedure accreditation standards ins A2000-36 s 9\ndef procedure appliance alteration ins A2000-36 s 9\ndef procedure licence reloc from s 5 A2000-36 amdt 1.2\ndef processing ins A2002-49 amdt 3.200\ndef processing ins A2002-49 amdt 3.200\ndef prohibition notice reloc from s 5 A2000-36 amdt 1.2\ndef public health reloc from s 5 A2000-36 amdt 1.2\ndef public health direction reloc from s 5 A2000-36 amdt 1.2\ndef public health officer reloc from s 5 A2000-36 amdt 1.2\ndef public health risk activity reloc from s 5 A2000-36\ndef public health risk procedure reloc from s 5 A2000-36\ndef registered activity ins A2000-36 s 9\ndef registered location ins A2000-36 s 9\ndef registered person ins A2000-36 s 9\ndef registered people register ins A2000-36 s 9\ndef registrable public health risk activity ins A2000-36 s 9\ndef registration ins A2000-36 s 9\ndef registration certificate ins A2000-36 s 9\ndef relevant decision-maker ins A2022-9 s 16\ndef responsible person reloc from s 5 A2000-36 amdt 1.2\nsub A2004-10 s 35\nam A2018-42 amdt 1.22\n\ndef reviewable decision ins A2008-36 amdt 1.579\ndef segregation or isolation direction ins A2022-9 s 16\ndef sewerage utility ins A2002-49 amdt 3.200\ndef scope of practice ins A2004-10 s 36\nsub A2006-27 amdt 2.11\nom A2018-42 amdt 1.23\ndef standing exemption ins A2022-9 s 16\ndef statistical or summary information ins A2022-9 s 16\ndef syringe ins A2008-26 amdt 2.148\ndef this Act om A2001-44 amdt 1.3417\ndef transmissible notifiable condition reloc from s 5\nA2000-36 amdt 1.2\ndef use ins A2022-9 s 16\ndef utility ins A2000-66 sch 1 pt 13\ndef vaccination direction ins A2022-9 s 16\ndef vaccination exemption guideline ins A2022-9 s 16\nom R43 LA\ndef vending machine ins A2008-26 amdt 2.148\ndef vending machine approval ins A2008-26 amdt 2.148\ndef water distributor ins A2002-49 amdt 3.200\ndef water supplier ins A2002-49 amdt 3.200\ndef water utility ins A2002-49 amdt 3.200\n\nEarlier republications 5\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n20 July 2000–\nA2000-36 amendments by\nA2000-36\nR1 (RI)\n21 July 2000–\n31 Dec 2000\nA2000-36 expiry of provision\n(s 138 (4)-(6))\nreissue of printed\nversion\nR1A\n1 Jan 2001–\n11 Sept 2001\nA2000-66 amendments by\nA2000-66\n19 Oct 2001\n12 Sept 2001–\n9 Mar 2002\nA2001-66 amendments by\nA2001-44\n10 Mar 2002\n10 Mar 2002–\nA2001-66 amendments by\nA2001-66\n28 May 2002–\n31 Oct 2002\nA2002-11 amendments by\nA2002-11\n1 Nov 2002\n1 Nov 2002–\n30 Dec 2002\nA2002-40 amendments by\nA2002-40\nR6*\n31 Dec 2002\n31 Dec 2002–\n18 Dec 2003\nA2002-49 amendments by\nA2002-49\n19 Dec 2003\n19 Dec 2003–\n8 Apr 2004\nA2003-56 amendments by\nA2003-56\n9 Apr 2004\n9 Apr 2004–\nA2004-15 amendments by\nA2004-15\n27 May 2004–\nA2004-15 amendments by\nA2004-10\n\nfor\n1 July 2004–\nA2004-28 amendments by\nA2004-28\n2 July 2005–\nA2004-39 commenced expiry\n7 July 2005–\n31 Oct 2006\nA2004-39 amendments by\nA2004-39\n1 Nov 2006\n1 Nov 2006–\n17 Nov 2006\nA2006-27 amendments by\nA2005-41 as\namended by\nA2006-3\n18 Nov 2006\n18 Nov 2006–\n13 Dec 2006\nA2006-46 amendments by\nA2006-46\n14 Dec 2006\n14 Dec 2006–\n30 Mar 2008\nA2006-46 amendments by\nA2006-27\n31 Mar 2008\n31 Mar 2008–\n9 Jan 2009\nA2007-25 amendments by\nA2007-25\n10 Jan 2009\n10 Jan 2009–\n13 Feb 2009\nA2008-36 commenced expiry\nR18*\n14 Feb 2009\n14 Feb 2009–\n21 Sept 2009\nA2008-36 amendments by\nA2008-26 and\nA2008-36\n22 Sept 2009\n22 Sept 2009–\nA2009-20 amendments by\nA2009-20\n3 June 2010–\nA2010-18 amendments by\nA2010-18\n1 July 2010–\n14 Feb 2011\nA2010-18 amendments by\nA2010-10\n15 Feb 2011\n15 Feb 2011–\nA2010-18 expiry of\ntransitional\nprovisions\n(div 3A.3)\n1 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-22\n1 Mar 2012\n1 Mar 2012–\n24 Nov 2013\nA2011-48 amendments by\nA2011-48\n\nEarlier republications 5\nfor\n25 Nov 2013\n25 Nov 2013–\n13 Oct 2015\nA2013-44 relocation of\nprovisions from\nHealth Act 1993\nand Public Health\nRegulation 2000\nand other\nA2013-44\n14 Oct 2015\n14 Oct 2015–\n31 Mar 2016\nA2015-33 amendments by\nA2015-33\n1 Apr 2016\n1 Apr 2016–\n25 Aug 2016\nA2016-13 amendments by\nA2016-13\n26 Aug 2016\n26 Aug 2016–\n22 Oct 2018\nA2016-54 amendments by\nA2016-54\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\n13 Nov 2019\nA2018-42 amendments by\nA2018-42\n14 Nov 2019\n14 Nov 2019–\n15 Mar 2020\nA2019-42 amendments by\nA2019-42\nR31A\n16 Mar 2020–\n7 Apr 2020\nA2020-24 retrospective\nA2020-24\n8 Apr 2020\n8 Apr 2020–\n5 Aug 2020\nA2020-10 amendments by\nA2020-10\ndoes not include\nretrospective\nA2020-24 (see\nreissued\nrepublication)\nR32 (RI)\n8 Apr 2020–\n5 Aug 2020\nA2020-10 reissued for\nretrospective\nA2020-24\n6 Aug 2020\n6 Aug 2020–\nA2020-35 amendments by\nA2020-35\n\nfor\n23 June 2021–\n10 Dec 2021\nA2021-12 amendments by\nA2021-12\n11 Dec 2021\n11 Dec 2021–\nA2021-31 amendments by\nA2021-31\n18 June 2022–\nA2022-9 amendments by\nA2022-9\n24 June 2022–\n23 Aug 2022\nA2022-9 amendments by\nA2022-9\n24 Aug 2022\n24 Aug 2022–\n9 Sept 2022\nA2022-14\n10 Sept 2022\n10 Sept 2022–\n28 Sept 2023\nA2022-12\n29 Sept 2023\n29 Sept 2023–\n29 Sept 2023\nA2020-10\n30 Sept 2023\n30 Sept 2023–\n26 Nov 2023\nA2022-14 expiry of provisions\n(s 120 (4A), (9),\nss 120A-120D)\n27 Nov 2023\n27 Nov 2023–\n24 Dec 2023\nA2023-36 amendments by\nA2023-36\n25 Dec 2023\n25 Dec 2023–\n29 Feb 2024\nA2023-36 expiry of provisions\n(s 17 (1) (ca),\npt 6C, relevant\ns 118ZV (2))\n1 Mar 2024\n1 Mar 2024–\n25 Nov 2025\nA2023-36 expiry of provisions\n(pt 7A, relevant\ns 123F (2), relevant\ns 136A (2))","sortOrder":206}],"analysis":{"summary":{"name":"Public Health Act 1997","slug":"public-health-act-1997","title_id":"a-1997-69","version_id":24193,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"ACT Act in 10 Parts. Current as of Republication No 45, effective 26 November 2025. Source includes table of contents, administration information, and the full Act text."},"complexity_factors":["Multi-tiered licensing and registration framework for public health risk activities and procedures with distinct rules for each category","Sensitive provisions balancing public health obligations against individual rights to privacy and non-discrimination in the notifiable conditions regime","Broad emergency powers in Part 7 with limited duration constraints","Extensive delegation and administrative machinery across multiple officer types","10 Parts covering diverse subject matter from insanitary conditions to disease notification to health investigations"],"plain_english_summary":"The Public Health Act 1997 is the principal public health statute of the Australian Capital Territory. It provides a comprehensive legal framework for protecting community health through regulation of activities that pose public health risks, management of notifiable conditions and diseases, response to public health emergencies, and investigation of public health threats.\n\nThe Act establishes the statutory offices of Chief Health Officer and Deputy Chief Health Officer, who hold broad powers to investigate and respond to public health risks. Public health officers and authorised medical officers support this work.\n\nPart 3 creates a licensing and registration regime for \"public health risk activities\" (activities that may transmit disease or adversely affect community health, such as operating health care facilities) and \"public health risk procedures\" (procedures within such activities). The Minister may declare activities as licensable, non-licensable, or registrable, and operators need the appropriate licence or registration. Part 4 addresses insanitary conditions, allowing authorised officers to issue abatement notices.\n\nPart 6 deals with notifiable conditions. The Minister may determine diseases or medical conditions to be notifiable, and healthcare providers must report them. The Part includes detailed privacy and confidentiality protections alongside obligations to notify contacts of exposure risks. It also covers contact tracing, health assessments, and supervision of people with transmissible conditions who engage in high-risk activities.\n\nPart 7 creates a public health emergency declaration mechanism: the Minister may declare a public health emergency for up to 5 days (extendable by 2-day increments), during which the Chief Health Officer may take broad action including segregating, isolating, or evacuating people and controlling access to areas.\n\nThe penalty for individuals is $160 per penalty unit and $810 per penalty unit for corporations, as noted on the republication cover page."},"kimi_summary":{"_metrics":{"completionTokens":810},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1997 scope. Major additions include: Part 3A (syringe supply, 2008), Part 3B (pharmacy ownership, 2013), Part 6B (drinking water and sewage processing, 2000), Part 6A (public health alerts), and extensive COVID-19 emergency powers (2020-2022, now expired). The original Act focused on notifiable diseases and insanitary conditions; it now encompasses harm reduction, utility regulation, emergency management, and complex business licensing schemes."},"complexity_factors":["Length: 191 pages with 138 sections plus extensive dictionary and endnotes","Multiple overlapping regulatory schemes: licensing, registration, and accreditation for public health risk activities","Extensive cross-referencing to other ACT laws (Food Act 2001, Medicines Poisons and Therapeutic Goods Act 2008, Criminal Code, etc.)","Nested conditional logic: many powers only exercisable if 'reasonable grounds' exist, with further conditions for emergency powers","Three-tier system for activities: licensable, registrable, and non-licensable, each with different compliance requirements","Detailed procedural requirements for notices, reviews, and appeals with specific timeframes (e.g., 28 days, 48 hours, 6 months)","Multiple definitions of 'officer', 'authorised officer', 'responsible person' depending on context","Expired transitional provisions for COVID-19 (Part 6C) and check-in information (Part 7A) still visible in text","Complex penalty structures distinguishing between individuals, corporations, and 'utilities'","Interaction with Commonwealth health laws and national registration schemes"],"plain_english_summary":"This is the **Public Health Act 1997** (ACT), a comprehensive law that gives the ACT government broad powers to protect community health and respond to health risks.\n\n**What it does:**\n\nThe Act creates a framework for:\n- **Regulating businesses and activities** that could spread disease (like tattoo parlours, beauty salons, or healthcare facilities) through licensing, registration, and accreditation schemes\n- **Managing disease outbreaks** by requiring doctors, hospitals, and labs to notify authorities of certain infectious diseases\n- **Responding to public health emergencies** — allowing the Chief Health Officer to issue directions like isolation orders, quarantine requirements, or business closures\n- **Controlling insanitary conditions** — giving officers power to issue abatement notices and enter properties to fix health hazards\n- **Managing drinking water and sewage** — requiring utilities to warn the public of contamination risks\n- **Supplying clean syringes** — authorising approved people and vending machines to distribute syringes to reduce disease transmission\n- **Regulating pharmacies** — restricting ownership to pharmacists and banning pharmacies in supermarkets\n\n**Who it affects:**\n\n- **Business owners** running \"public health risk activities\" (need licences/registration)\n- **Healthcare workers** (must notify authorities of certain diseases)\n- **Utilities** (water and sewage providers with specific reporting duties)\n- **The general public** (can be subject to isolation orders, quarantine, or other directions during health emergencies)\n- **Property owners** (can be ordered to fix insanitary conditions)\n\n**Why it matters:**\n\nThis Act is the ACT's primary tool for preventing disease outbreaks, managing health crises (like COVID-19), and ensuring businesses that could transmit infections operate safely. It balances public health protection with requirements to minimise infringement on individual liberty and privacy.\n\n**Key offices created:**\n- **Chief Health Officer** — a doctor who oversees the Act's operation, issues health alerts, and can declare emergencies\n- **Public health officers** and **authorised medical officers** — who inspect premises, issue notices, and enforce compliance"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1997 Act was a general public health framework focused on disease control, insanitary conditions, and licensing of health-risk activities. Over time, its scope expanded significantly: Part 3B (pharmacies) was added in 2013, imposing ownership restrictions and a ban on pharmacies in supermarkets—economic regulation that goes beyond core public health. Part 6B (drinking water and sewage) and Part 6A (public health alerts) were added, extending the Act's reach to utilities and public warnings. The syringe supply provisions (Part 3A) were moved from the Drugs of Dependence Act. Temporary COVID-19 parts introduced unprecedented powers for mandatory vaccination, isolation, and check-in data collection. While those temporary parts have expired, their inclusion shows a pattern of using the Act for broad emergency responses. The Act now covers not only infectious disease control but also industry structure, water quality, and commercial activity, far beyond its original purpose."},"complexity_factors":["Over 150 pages of text","47 defined terms in the dictionary, many with multiple sub-definitions","Cross-references to at least 5 other Acts (Criminal Code, Food Act, Medicines Poisons Act, Utilities Act, Legislation Act)","Three parallel licensing/registration schemes for public health risk activities (licensable, non-licensable, registrable) with different procedures for each","Nested conditions for suspension, cancellation, emergency suspension, and automatic suspension of licences and registrations","Detailed notice provisions (improvement, prohibition, abatement, public health directions) each with extension, revocation, and court order mechanisms","Separate parts for syringe supply (with two sub-schemes) and pharmacy ownership (with complex definitions of 'complying pharmacy corporation')","Temporary expired COVID-19 parts (Part 6C, Part 7A) still present in legislative history","Multiple layers of review (internal, ACAT, Supreme Court) for different decisions"],"plain_english_summary":"This is the main public health law for the Australian Capital Territory. It sets up a system to protect the community from health risks, including infectious diseases, unsafe activities, and unsanitary conditions. The law creates a **Chief Health Officer** and other officials (public health officers, analysts) to monitor health, enforce rules, and respond to emergencies. It requires certain activities—like running a hospital, a tattoo parlor, or a food business—to be **licensed or registered** with the government, and operators must follow codes of practice. The law also covers:\n\n- **Notifiable diseases**: Doctors and labs must report certain diseases (e.g., COVID-19, measles) to the health department.\n- **Public health emergencies**: The Minister can declare an emergency and give the Chief Health Officer broad powers to isolate people, close premises, or order medical exams.\n- **Insanitary conditions**: Officials can issue notices to clean up properties that pose a health risk.\n- **Inspections and seizures**: Authorised officers can enter premises, take samples, and seize contaminated items.\n- **Pharmacies**: Only pharmacists or special pharmacy corporations can own a pharmacy, and pharmacies cannot be inside supermarkets.\n- **Syringe supply**: Approved people and vending machines can supply syringes to reduce disease spread.\n- **Drinking water and sewage**: Water utilities must warn the public about contamination risks and provide information to the Chief Health Officer.\n\nThe law affects anyone running a health-risk business, healthcare workers, property owners, and the general public. It matters because it gives the government broad powers to control disease outbreaks and enforce health standards, but also includes safeguards like review rights and principles to avoid unnecessary intrusion on individual rights."}},"importantCases":[],"_links":{"self":"/api/acts/public-health-act-1997","history":"/api/acts/public-health-act-1997/history","analysis":"/api/acts/public-health-act-1997/analysis","conflicts":"/api/acts/public-health-act-1997/conflicts","importantCases":"/api/acts/public-health-act-1997/important-cases","documents":"/api/acts/public-health-act-1997/documents"}}