{"id":"tas:sr-2001-016","name":"Public Health (Exemption) Order 2001","slug":"public-health-exemption-order-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318637,"registerId":"tas-tas:sr-2001-016-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Public Health (Exemption) Order 2001](/view/html/inforce/2026-04-12/sr-2001-016) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order,\n> \n> > ***Act*** means the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Exemption","content":"### 4 Exemption\n\n> [*\\[Clause 4 Amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003\\]*](/view/html/inforce/2003-10-15/act-2003-008#JS2@Ja5@GC1@EN) A person is exempt from section 133(1) of the Act in relation to the use of a private water source on food premises registered under the [Food Act 2003](/view/html/inforce/2026-04-12/act-2003-999) .\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 7 March 2001\n\nThis order is administered in the Department of Health and Human Services.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the scope changed from the original legislative intent. The document as supplied contains only metadata, version information, and administrative details — no operative provisions are visible."},"complexity_factors":["Only administrative metadata was provided — no substantive legal content is available for analysis","Exemption orders can carry moderate complexity depending on their scope and conditions, but cannot be assessed here","Short statutory instrument format is generally simpler than primary legislation","Limited amendment history suggests the instrument has remained largely unchanged since 2001"],"plain_english_summary":"This Tasmanian Public Health (Exemption) Order creates carve-outs from certain obligations under the Public Health Act 1997, so specified people, organisations, activities or substances may be exempted from otherwise applicable public‑health requirements. It matters because anyone falling within an exemption may be relieved of legal duties they would otherwise owe.\n\nImportant: the provided text includes only administrative metadata — the Order’s substantive provisions (who is exempt from what) are not included and must be consulted to determine actual effect."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Clause 4 was amended (No. 8 of 2003). The current text expressly exempts persons from s133(1) of the Public Health Act 1997 in relation to use of a private water source on food premises registered under the Food Act 2003. The 2003 amendment therefore altered the order’s scope to tie the exemption to registration under the Food Act (clause 4; amendment note)."},"complexity_factors":["Relies on an external provision (section 133(1) of the Public Health Act 1997) — the order’s practical effect depends on the content and interpretation of that section (see clause 4).","Interacts with another statute (Food Act 2003) by conditioning the exemption on registration status — creates inter‑Act dependency for applicability (see clause 4).","Amendment history: clause 4 was amended in 2003, so historical scope differs from the original text and requires attention to legislative history (clause 4 amendment note).","Minimal text: a single-clause exemption concentrates effect but leaves detailed implementation, enforcement and interpretive questions to regulators, courts and related instruments (clause 4; administration note).","Administrative commencement: operation depends on Gazette notification rather than a fixed date, adding a procedural step to timing and implementation (clause 2)."],"plain_english_summary":"This order removes a specific Public Health Act prohibition for anyone who uses a private water source on food premises that are registered under the Food Act 2003. It therefore changes the legal obligation that would otherwise apply to operators of registered food premises that rely on private water, and shifts where enforcement and compliance questions will fall between the operator and health regulators."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a simple, targeted exemption that has remained narrow in scope since its creation. It does exactly what its title suggests—exempts certain food businesses from one specific requirement—and has not expanded beyond this original purpose."},"complexity_factors":["Extremely short: only 4 substantive clauses","Single defined term ('Act')","No cross-references beyond identifying the enabling Act and Food Act 2003","No conditional logic, exceptions, or nested provisions","Single straightforward exemption with clear scope"],"plain_english_summary":"This is a short legal exemption that lets food businesses use private water sources (like rainwater tanks or bore water) without needing special approval under Tasmania's Public Health Act 1997.\n\n**What it does:**\n- Normally, section 133(1) of the Public Health Act 1997 requires approval for using private water sources on premises where food is handled\n- This order creates an **exemption** (a legal exception) so that food businesses registered under the Food Act 2003 don't need that approval\n\n**Who it affects:**\n- Food businesses in Tasmania registered under the Food Act 2003\n- These businesses can now use private water sources (rainwater, bore water, etc.) for their operations without applying for separate approval under public health law\n\n**Why it matters:**\n- It reduces red tape for food businesses by removing a duplicate approval process\n- Instead of seeking approval under two different laws (Public Health Act and Food Act), businesses only need to comply with the Food Act registration requirements\n- It recognises that the Food Act 2003 already provides sufficient oversight for food safety, including water quality"}},"importantCases":[],"_links":{"self":"/api/acts/public-health-exemption-order-2001","history":"/api/acts/public-health-exemption-order-2001/history","analysis":"/api/acts/public-health-exemption-order-2001/analysis","conflicts":"/api/acts/public-health-exemption-order-2001/conflicts","importantCases":"/api/acts/public-health-exemption-order-2001/important-cases","documents":"/api/acts/public-health-exemption-order-2001/documents"}}