Public and Environmental Health Act 2011

Objects and decision-guiding principle. The Act’s objects are set out in s 3: protecting and promoting health of individuals and communities, providing flexible capacity to respond to emerging environmental conditions and enabling special action for particular at-risk communities. The precautionary principle is expressly stated in s 5: where there is a serious public health risk, lack of full scientific certainty is not a reason to delay preventive measures, and decision-making should include careful evaluation of harm-avoidance and assessment of consequences of options (s 5(1)-(2)). The Act therefore embeds a preventive orientation in statutory decision-making.

Declared activities and registration. The Minister may declare by Gazette that an activity is a public health risk activity (s 9). Once a declared activity exists, proprietors of businesses that carry out such activities must register the business with the CHO (s 10). The registration process requires an approved form, plans and a fee (s 11). Registered businesses are subject to conditions, including a condition they comply with the Act (s 13). Registrations are non-transferable (s 19) and display/notification obligations attach (s 18, 23-24).

Public health nuisances, notices and orders. A public health nuisance is defined broadly (s 25): anything that puts at risk, has put at risk, or is likely to put at risk public health, and may include places, water, animals, refuse, emissions (s 25(1)-(2)). The CHO may issue public health notices where the CHO reasonably believes contraventions or nuisance sources exist (s 29); notices must explain reasons, required rectification and time for compliance and include review/appeal information (s 29(2)). If a person does not comply, the CHO may issue a public health order in immediate serious-risk circumstances or where a notice has not been complied with (s 32). Orders can require isolation, destruction of things, closure or sealing off of premises (s 32(3)) and remain in force until cancelled (s 33). Non-compliance with notices or orders is criminalised (ss 30-31, 34).

Emergency and post-emergency powers. The Minister may declare a public health emergency where there are circumstances of such seriousness and urgency that an immediate serious public health risk exists and Emergency Management Act responses are not appropriate (s 48). Declarations are time-limited but extendable in 90-day blocks (s 50). While an emergency declaration is in force, the CHO may take any actions necessary to alleviate the public health emergency, including directions to segregate, evacuate, prevent access and control movement (s 52). Division 2A (ss 57A-57L) preserves a post-declaration window that enables specified COVID-19 powers to be exercised for a two‑year period following the 18 March 2020 declaration, subject to consultation and publication requirements (ss 57A, 57C-57D).

Authorised officers and enforcement agencies. The CHO may appoint enforcement agencies and delegate powers (ss 70-72). Authorised officers include the CHO, appointed persons, officers of enforcement agencies and police (s 76). Authorised officers have inspection, entry and seizure powers (ss 80-86) and, during emergencies or under Div 2A, may act without warrants, without notice and enter Aboriginal land where necessary (ss 53(3), 82(4), 83).

Health information and registers. The CHO may require health information by written notice (s 63), use that information for monitoring and promotion of public health (s 64), and must keep a health information register (s 65). The CHO also must keep Administering Agency registers for declared activities, registered businesses, directions, enforcement agencies, authorised officers and exemptions (ss 125-126). These registers are publically searchable (s 127) for a fee.

Liability and offences. The Act creates a range of offences with specified fault elements (intention, recklessness, strict or absolute liability where indicated). Penalties range from fines (penalty units) to imprisonment (e.g. up to 2 years for serious nuisance or misleading statements to an inquirer, ss 26, 44). The Act includes corporate and representative liability rules (Parts 9 Div 2, ss 114-119), enabling prosecution of executive officers, partners and managers in certain circumstances. It also protects officials acting in good faith from civil or criminal liability (s 131).

Validation of prior directions. Part 10A (ss 133A-133F) retrospectively validates specific CHO COVID-19 directions issued in late 2021 and early 2022, declares their validity and preserves consequential actions taken under them (s 133C-133D), while carving out that contraventions and enforcement actions before commencement are unaffected (s 133E). This construct treats earlier operational directions as legally effective from the dates they were given.

These are the core doctrinal concepts and instruments used throughout the Act. The remainder of the deep dive traces who is affected by them, the duties and rights created, enforcement mechanics, interactions with other laws, amendment history recorded in the reprint, litigation-relevant features in the text, practical pitfalls and compliance actions grounded in the statutory text.

Individuals and proprietors carrying out declared activities. The immediate regulatory target is any proprietor of a business carrying out a declared activity (s 10). A declared activity is made by Gazette notice under s 9. Once declared, proprietors must register the business in the approved form to the CHO and pay the prescribed fee (s 11). Mobile operators - persons who carry out declared activities away from the registered place - are explicitly within scope (s 4 definition, s 11(1)(b)(v), s 15). Proprietors face criminal liability for failing to register (s 10) and for failing to comply with registration conditions (s 14), with penalties up to 200 penalty units; mobile operators also face targeted offences (s 15).

Occupiers, owners and landholders. The term occupier is broad (s 4) and includes persons in charge of or managing a business conducted at a place or those who occupy or control the place. The occupier may be charged for permitting a public health nuisance to exist at the place (s 26(2)) if they know of the source and intentionally fail to prevent or remove it; the maximum penalty is 400 penalty units or two years’ imprisonment. Owners who dispose of businesses or property used for declared activities must notify the CHO within seven days (s 24) and risk a strict liability offence if they fail to do so.

Workers and mobile operators. Mobile operators must carry a copy of the registration notice whenever carrying out a declared activity away from the registered place (s 18(3)). A mobile operator who contravenes a condition may be personally criminally liable (s 15(1)). The Act also creates targeted post‑COVID powers (s 57B) that can impose testing, isolation, quarantine, registration of presence and vaccination‑related conditions on individuals; these are capable of being directed at an identified person (s 57B(2)(f)-(g)).

CHOs, authorised officers and enforcement agencies. The CHO is a statutory office holder, must be appointed by Gazette and be a registered or registrable medical practitioner (s 67). The CHO decides registration, conditions, notices, orders, emergency declarations and many operational matters under the Act (ss 12, 29, 32, 48-52). The CHO may appoint enforcement agencies (s 70) and authorise officers to exercise powers including entry, inspection and seizure (ss 74-76, 80-86). Enforcement agencies may recover fees for services (s 73).

Ministers and the Administrator. The Minister has the power to declare activities (s 9) and to make an emergency declaration (s 48) on satisfaction of statutory conditions and after consultation with the chairperson of the Territory Emergency Management Council (s 48(b)). The Minister also makes standards (s 102) and regulations (s 133) and may determine that fees charged under emergency powers are Commonwealth money (ss 52B, 57F).

Public and communities. The Act’s object is to protect public health (s 3). Individuals and communities who are affected by risks, nuisances or regulatory actions can complain to authorised officers about perceived public health nuisances (s 27) and are the intended beneficiaries of notices, orders, quarantines and CHO actions (ss 29, 32, 52). The Act gives the CHO power to obtain health information (s 63) and to use health information for population health monitoring (s 64), implicating privacy interests subject to CHO authorisations and confidentiality restrictions (s 112).

Businesses and corporate officers. Corporate entities carrying out activities that may constitute declared activities are captured as proprietors under the definition of business (s 4). Executive officers, partners and managers of bodies corporate, partnerships and unincorporated associations may be criminally liable for contraventions committed by the entity or co‑managers where they were in a position to influence conduct and failed to take reasonable steps to prevent contraventions (ss 117-119). This reaches beyond frontline employees to managerial and executive levels.

Persons named in registers and the public. The CHO must keep various registers (ss 125-126) and the public can search Administering Agency registers on payment of a fee (s 127). The CHO may also publish details of persons found guilty of offences relating to public health risk or nuisance (s 123).

This mapping shows a wide and overlapping set of obligations and powers: businesses and their staff bear registration and compliance duties; occupiers and owners face liability for nuisances; officials and agencies have investigatory and emergency powers; and the CHO and Minister have central decision-making authority. The statutory text defines the specific roles, notification windows and fault elements that determine who bears legal and financial risk at each decision node.

Duties to register and display. If an activity is declared under s 9, proprietors must register the business (s 10). Applications require prescribed particulars, scaled drawings and a fee (s 11). When registration is granted, the proprietor must display the registration notice conspicuously at each place where the business is conducted and mobile operators must carry a copy when working offsite (s 18). Failure to register (s 10) and failure to display (s 18) are offences; the display offences are strict liability (s 18(2), (4)).

Duties to comply with conditions, notices and orders. Registrations are conditional: compliance with the Act is a default condition and the CHO may impose other conditions (s 13). Contravening a registration condition is an offence for both proprietors and mobile operators (ss 14-15). The CHO may issue public health notices (s 29) specifying the action required and timeframes, and public health orders (s 32) when there is an immediate serious public health risk or where a notice has been disregarded. Non-compliance with notices and orders is criminalised (ss 30, 34).

Duties to notify changes and sales. Proprietors must inform the CHO within 14 days of changes in name, address, business name or mobile operator details (s 23). If the business or property is sold or disposed of, the proprietor must notify the CHO within 7 days (s 24). Section 24 offences are strict liability (s 24(2)) but a reasonable excuse is a possible defence (s 24(3)).

Duties related to public health nuisances. Occupiers who know a nuisance source exists and fail to prevent or remove it commit an offence (s 26(2)). Members of the public may complain to authorised officers about perceived nuisances (s 27), triggering investigations (s 28). If an authorised officer cannot locate an appropriate person to issue a notice, the CHO must take action to abate the nuisance (s 61).

Rights of review and appeal. Schedule 1 and s 104 identify reviewable decisions and affected persons. An affected person may request CHO review of a reviewable decision (s 105). Time limits: review requests must be made within 72 hours for Part 2 or 3 decisions, otherwise within 7 days (s 105(2)). CHO reviews are merit reviews (s 105(5)) and decisions on review are subject to appeal to the Local Court (s 106). Appeals against Ministerial or CHO decisions related to emergency declarations are expedited with a 24‑hour appeal window (s 107(2)). Notably, requests for review or appeal do not by default stay operation of the decision (s 109), although the CHO or the Court may suspend or impose conditions.

CHO procedural duties. The CHO must keep signed written records of actions taken during emergencies and, after a declaration ceases, must report to the Minister within three months summarising events and actions (s 54-55, 57J). The CHO must publish guidelines by Gazette notice (s 101(4)) and standards declared by the Minister require CHO consultation (s 102(2)).

Duties to provide information and documents. The CHO can direct a person to give health information prescribed by regulation (s 63). Authorised officers can require identity and documents during inspections (ss 80, 84-85). Non-compliance and giving misleading information are criminalised (ss 86, 113). The CHO may use health information for public health monitoring (s 64) but s 112 deals with confidentiality and authorisation to disclose health information.

Financial duties and liabilities. The CHO may charge fees during emergencies for quarantine that requires persons to enter and remain quarantined (s 52A). Fees are recoverable as a debt to the Territory (s 52A(3)); the Minister may declare fees Commonwealth money (s 52B). Where the CHO removes or destroys things, costs incurred are recoverable as a debt due to the Territory or the owner is liable for costs of destruction (ss 59(4), 98(2)-(4)). Enforcement agencies may charge fees for services they provide under delegation (s 73).

Duties of Ministers and officials. The Minister must appoint the CHO by Gazette and is required to be consulted or to consult in several regimes: standards (s 102), emergency declarations with the Territory Emergency Management Council chairperson (s 48), and the CHO must consult the Minister in preparing guidelines (s 101(2)). The CHO is subject to Ministerial directions when exercising powers under the Act (s 68(3)).

Protections and immunities. Officials acting in good faith in the exercise of CHO powers, enforcement agency powers, or as authorised officers are protected from civil and criminal liability under s 131. Also, inquiries conducted under Part 5 (ss 39-46) provide witnesses and inquirers similar protections and rules about admissibility of inquiry records.

Taken together, the Act places compliance duties on business proprietors, occupiers, mobile operators and other individuals, grants broad investigatory, regulatory and emergency powers to the CHO and authorised officers, sets out rights of administrative review and judicial appeal with tight timeframes, and establishes financial liabilities and protections. The statutory design creates a framework where speed and flexibility to address public health risks are operational priorities, with concomitant burdens on regulated entities and distinct procedural safeguards for review.

Range and structure of offences. The Act creates a suite of offences with specified fault elements and penalties. Penalties range from monetary-only penalties expressed in penalty units to imprisonment. Examples: failure to register when carrying out a declared activity carries a maximum penalty of 200 penalty units (s 10); causing or permitting a public health nuisance carries up to 400 penalty units or two years’ imprisonment (s 26); contravening a public health order carries up to 500 penalty units (s 34). Certain investigatory and inquiry-related offences (e.g. giving misleading information to an inquirer or authorised officer) attract penalties up to 400 penalty units or two years’ imprisonment (ss 44, 113).

Fault elements and strict/absolute liability. The Act specifies fault elements frequently as intention and recklessness. Some offences are strict liability (no fault element required beyond the physical act), for example display offences (s 18(2)), notification of changes (s 23(2)), notification of sale or disposal (s 24(2)), and obstructing certain actions may be strict liability where stated (see s 43(2) for directions to inquirers). Absolute liability applies where the statute expressly provides; for example, s 113A(2)-(3) identifies strict and absolute liability elements for coughing or spitting on certain workers in the COVID context.

Enforcement mechanisms: criminal, civil and administrative. Enforcement is multi-modal. Criminal prosecutions may be commenced only by authorised officers or persons authorised by the Minister (s 120) and must be started within two years (s 121). Administrative enforcement includes CHO powers to issue notices and orders (ss 29, 32), and administrative cancellation or variation of registrations (ss 20-21). Where orders are breached, the CHO may apply to the Local Court for remedial orders and civil penalties up to 500 penalty units (s 36). The CHO may also act directly to execute directions, rectify contraventions and recover costs as a debt to the Territory (ss 60-61).

Search, seizure and forfeiture. Authorised officers may enter and inspect places (s 80), open containers, seize and remove items and seal or close off places where the officer reasonably believes there is evidence of an offence or necessity under the Act (s 80(3)-(4)). Warrants may be obtained (s 81), and warrants can be issued by telephone/electronically (s 82). Seized things can be detained, removed, returned or forfeited; forfeited things may be destroyed or sold with costs recoverable from the former owner (ss 89-99). A process is available to apply to the Local Court to disallow seizure within 72 hours (s 92).

Recovery of costs and debts. The Act allows recovery of costs incurred by the CHO in removing or destroying things, or executing directions, as debts due to the Territory by the person who failed to act (ss 59(4), 60(3), 98(2)-(4)). Additionally, persons convicted of offences are liable to pay costs incurred by the Territory in seizing, transporting, storing, examining, analysing or disposing of related items, and fees of enforcement agencies (s 122). Fees charged under emergency quarantine powers are recoverable as debts (ss 52A(3), 57E(3)).

Limits on judicial intervention. Two provisions limit interlocutory judicial relief during emergencies and under certain post-emergency powers: courts are not authorised to make interlocutory orders staying the operation of an emergency declaration or CHO actions under Div 2 (s 57), and Div 2A contains a similar bar (s 57L). These provisions narrow the availability of temporary judicial stays against emergency measures.

Publication and reputational sanctions. The CHO may publish in the Gazette or other media details of persons found guilty of offences relating to public health risk or nuisance, including the location and nature of the offence and penalties imposed; publication is permissible after appeal periods lapse or convictions are final (s 123). This provides a non‑monetary enforcement mechanism that can have reputational consequences for businesses and individuals.

Corporate and supervisory liability. The Act sets out derivative liability for representatives and managers: representatives’ conduct can be attributed to the principal in prosecutions (s 116). Partners, managers of unincorporated associations and executive officers of bodies corporate may be criminally liable where they were in a position to influence offending and failed to take reasonable steps to prevent it (ss 117-119). These provisions create supervisory duties at management level with significant penalties tied to the maximum penalties for the underlying offences.

Protections for officials. Officials acting in good faith in the exercise of CHO, enforcement agency or authorised officer powers are protected from civil or criminal liability (s 131), which reduces personal exposure for agents carrying out enforcement duties.

In sum, the Act combines criminal sanctions, civil penalties and administrative measures, backed by investigatory powers and recovery mechanisms. It places direct liabilities on frontline actors (proprietors, mobile operators, occupiers) and derivative liabilities on those in supervisory roles, while vesting strong enforcement discretion in the CHO and authorised officers, and limiting interlocutory judicial relief during emergencies.

Priority rules and interplay. The Act contains express rules for inconsistency with specified legislation. Division 2 emergency powers state that if an inconsistency arises between a provision of or under this Division and a provision of or under the Emergency Management Act 2013 or Notifiable Diseases Act 1981, the Emergency Management Act 2013 or Notifiable Diseases Act 1981 prevails to the extent of the inconsistency (s 47(1)). Conversely, the same Division’s provisions prevail over other Divisions or Parts of this Act to the extent of inconsistency (s 47(2)). Division 2A contains its own inconsistency rules, preserving the Notifiable Diseases Act 1981’s prevailing effect where inconsistent (s 57A(5)).

Delegation and complementary enforcement. The CHO may appoint enforcement agencies and delegate powers (ss 70-72). Enforcement agencies exercise delegated powers through authorised officers (s 72(2)) and may recover fees for services performed under their delegation (s 73). These arrangements permit integration with bodies that perform public health functions and create a statutory delegation chain, but the CHO retains the ability to exercise powers directly where an enforcement agency fails to act and to recover costs from the agency (s 75).

Evidence and inquiry protections. The Act’s inquiry provisions provide that evidence given and records of inquiries are generally not admissible in other judicial proceedings, except for prosecutions under specified sections (s 46(3)). Inquirer protections match Supreme Court judges (s 46(1)), so inquiries are insulated in ways that may interact with other investigative or statutory review processes.

Privacy and information laws. The Act authorises CHO directions to obtain health information (s 63) and to keep a health information register (s 65), and sets parameters for use of health information (s 64). Section 112 (confidentiality of information) limits disclosure, with express exceptions, and the CHO may authorise disclosures for stated purposes subject to reasonable steps to protect privacy (s 112(3)). There is an explicit cross-reference to the Information Act 2002 for the definition of health information (s 4), indicating that other Territory information‑management laws remain relevant.

Criminal Code application. Part IIAA of the Criminal Code applies to offences under this Act (s 7) and Division 2 contains extended provisions about corporate criminal responsibility tied to Criminal Code concepts and defences (ss 114-119). Notes in the text reference Part IIAA’s general principles and defences, so prosecutorial and culpability concepts from the Criminal Code framework are imported into the Act’s offence architecture.

Regulation‑making function. The Administrator may make regulations on a range of matters that overlap common statutory domains: prevention and control of public health risks, standards for declared activities, hygiene, water quality, control of animals, waste and wastewater, and the power to prescribe fees (s 133). Those regulations can apply or adopt external documents as standards (s 133(2)(b)), potentially incorporating national standards or industry codes. The Act also contemplates that regulations may make contraventions of standards an offence (s 133(2)(c)).

Emergency law interaction. The Act’s emergency declaration procedure contains express interaction with the Emergency Management Act 2013 (s 47 and s 48(b) consultation requirement). The Minister must consult the Territory Emergency Management Council chairperson and decide that a state of disaster or emergency under the Emergency Management Act is not appropriate before making a public health emergency declaration under this Act (s 48(b)). This channels public health emergency responses into the broader civil protection framework and requires cross-agency consideration.

Commonwealth interface. Part 10A addresses situations where validated directions may be inconsistent with Commonwealth law: if so, the Commonwealth law prevails to the extent of the inconsistency and the validated directions are severable and effective to the extent they are not inconsistent (s 133B(3)). In addition, the Minister may determine that fees charged under emergency powers are Commonwealth money (ss 52B(1), 57F(1)), converting Territory debts into Commonwealth debts for recovery. The Act thus contains mechanisms to align or recognise Commonwealth interests where relevant.

Local court and judicial review limits. The Act places limits on interlocutory stays on emergency measures in judicial review and other proceedings (ss 57, 57L). This interacts with judicial review principles and the powers of courts under other statutes, restricting temporary relief against emergency measures while preserving avenues for merits review and appeal (Part 8) once procedural windows are met.

In short, the Act is drafted to operate alongside and sometimes subordinate to other emergency, public health and information laws. It imports prosecutorial doctrine from the Criminal Code, contemplates regulatory adoption of external standards, provides for CHO delegation to enforcement agencies, and includes specific provisions to preserve or align with Commonwealth law where overlaps occur, especially for fees and validated directions.

Textual amendments recorded. The reprint includes an Endnotes section that lists amendments and commencement particulars. Notable insertions and amendments relevant to powers and COVID response are recorded:

• Division 2A (ss 57A-57L) , Post‑emergency COVID-19 powers , was inserted by the Public and Environmental Health Legislation Amendment Act 2022 (Act No. 10, 2022) (see Endnotes: pt 5 div 2A hdg ins No. 10, 2022, s 8; ss 57A-57L ins No. 10, 2022, s 8).
• Sections 52A and 52B (CHO's power to charge fees during emergencies and determinations regarding emergency fee money) were inserted by the Public and Environmental Health Legislation Amendment Act 2020 and later amended by the 2022 Act (see Endnotes s 52A ins No. 14, 2020, s 4; amd No. 10, 2022, s 5; s 52B ins No. 10, 2022, s 6).
• Section 55 (reporting on public health emergencies) was amended by the 2022 Act (Endnotes s 55 amd No. 10, 2022, s 7).
• The Statute Law Amendment (Directors' Liability) Act 2015 amended s 119 to adjust liability for executive officers (Endnotes s 119 amd No. 26, 2015, s 100 and Div 3 hdg ins No. 26, 2015, s 101).
• Emergency Legislation Amendment Act 2020 and the Public and Environmental Health Legislation Amendment Act 2020 made time-limited or pandemic-related changes, including s 56 and the insertion of s 113A for coughing or spitting on certain workers (Endnotes).
• Part 10A (ss 133A-133F) validating CHO directions was inserted by the Public and Environmental Health Legislation Amendment Act 2022 (Endnotes pt 10A hdg ins No. 10, 2022, s 11; ss 133A-133F ins No. 10, 2022, s 11).

Transitional provisions and expiries. The reprint records transitional provisions that carry former registrations and appointments into the new regime at commencement (ss 136-139). Several transitional provisions are time-limited or have expiry clauses (for example s 140 had an expiry note in the Endnotes; s 142-144 are noted as expiring provisions), and Division 5 records that certain transitional matters for the 2022 Amendment Act themselves expire under the original enactment (Endnotes pt 11 div 5 hdg ins No. 10, 2022, s 12; ss 142-144 exp No. 7, 2011, s 148; ins No. 10, 2022, s 12).

Retrospective validation. Part 10A (ss 133A-133F) performs retrospective validation of specific CHO COVID-19 directions given on particular dates in 2021 and 2022, treating them as always valid and effective for the named periods (s 133C). The Part also preserves consequential effects (s 133D) and clarifies that the validation does not affect prosecutions or enforcement for contraventions committed before the commencement of Part 10A (s 133E). The Endnotes record the insertion of this Part by the 2022 Act.

Regulation and standard-making updates. The Minister’s power to declare standards (s 102) and the CHO’s guideline-making power (s 101) have not been shown as materially amended in the reprint notes, but changes to regulation-making capacity and regulations’ content are flagged across the Endnotes where relevant amending Acts updated provisions.

Administrative changes. Several administrative or formal amendments of a formal nature (Interpretation Legislation Amendment Act 2018) affected sections including ss 1, 4, 8, 47, 48, 67, 83, 117, 131 and 135 (Endnotes 3), indicating a streamlining of wording and possibly alignment with modern drafting conventions.

The Endnotes provide a compact map of the major amendment milestones up to 27 May 2022, identifying Acts, commencement dates and particular sections amended or inserted. For legal practice this history is important where transitional and retrospective validation provisions affect the timing, scope and enforcement of powers, especially those relating to emergency actions and the COVID-19 response.

Text indicates no named judicial decisions. The legislation text itself does not list case law or judicial interpretations. It contains procedural provisions that affect litigation practice and the availability of judicial relief:

• Time-limited review and appeal windows: affected persons must seek CHO review within 72 hours for Part 2 or 3 matters, or within 7 days for other matters (s 105(2)); appeals against CHO review decisions must follow similar timelines (s 106). Appeals against decisions relating to emergency declarations must be lodged within 24 hours (s 107(2)). These tight windows imply litigation will need urgent handling.
• Limitations on interlocutory relief: courts are not authorised to make interlocutory orders staying the operation of an emergency declaration or CHO action under Div 2 (s 57) and Div 2A contains the same bar (s 57L). This provision is procedural and constitutional in effect and is likely to affect challenges to emergency measures, by restricting temporary relief.
• Local Court enforcement jurisdiction: the CHO can apply to the Local Court to compel compliance with public health orders (s 36), to adjudicate disallowing seizure applications within 72 hours (s 92) and to review compensation decisions (s 100). This channels significant enforcement litigation to the Local Court level.
• Non-admissibility of inquiry evidence: Part 5 inquiry rules (s 46(3)) make evidence given for an inquiry and inquiry records inadmissible in other judicial proceedings, except prosecutions under s 44(1) or (2). That provision shapes evidentiary strategy for litigants and prosecuting authorities.
• Validation Part (10A): s 133C retrospectively validates certain CHO directions and s 133D preserves consequential actions taken under those directions. Section 133E preserves prosecutions and enforcement for contraventions before the commencement. These provisions may have produced litigation around their effect; however, the legislative text itself does not list any cases.

Because the reprint does not provide any case citations or judicial outcomes, practitioners should look to court databases for cases testing: (a) the reach of CHO emergency powers under s 52 and Div 2A; (b) the limits on interlocutory relief under ss 57 and 57L; (c) the proper exercise of powers of entry and seizure under ss 80-82 and the warrants procedure; (d) corporate liability provisions under ss 117-119 and the interplay with Criminal Code defenses; and (e) the validity and effect of retrospective validation under Part 10A.

Practitioners should also monitor Local Court decisions under s 36 applications and seizure disallowing applications under s 92, as these will establish practical standards for judicial scrutiny of CHO and authorised officer decisions. Given the Act’s emphasis on speed and limited stays, litigation strategy needs to account for compressed statutory timeframes for review and appeal.

Short timeframes for review and appeal. Reviewable decisions under Part 8 require immediate action: for decisions concerning Part 2 (registration) or Part 3 (nuisances) affected persons must request CHO review within 72 hours after notice or awareness (s 105(2)(a)); appeals must be lodged within the same 72‑hour window (s 106(2)(a)). Emergency-declaration appeals have a 24‑hour window (s 107(2)). These compressed timetables mean failure to act promptly forfeits statutory review rights.

No automatic stay pending review or appeal. Requests for review and appeals do not suspend operation or implementation of the decision by default (s 109(1), (3)). The CHO may suspend operation partly when reviewing but is not obliged to do so (s 109(2)). The Local Court can stay operation but only by order and subject to conditions (s 109(4)-(5)). This means regulated parties may face enforcement or penalties while their merits contest remains pending.

Broad discretion to CHO and delegation risk. The CHO can register or refuse registration, impose, vary and cancel conditions, and take emergency and non‑emergency actions (ss 12, 13, 20-21, 52). The CHO may delegate powers (s 69) and appoint enforcement agencies (ss 70-72). This architecture concentrates operational discretion in the CHO and authorised delegates; practical risk includes variable administrative practice and regulatory uncertainty for businesses.

Recovery of costs as debts. The CHO may execute directions or remove/destroy things and recover costs as a debt to the Territory (ss 60(3), 59(4), 98(2)-(3)). Owners of forfeited goods are liable for destruction costs and storage. These are civil debts, enforceable outside the criminal process, potentially imposing unexpected liabilities on proprietors who do not comply promptly.

Strict and absolute liability offences. Several offences are strict liability (e.g. display obligations s 18, notification obligations s 23-24). Section 113A establishes absolute liability for certain elements (coughing/spitting where the conduct is likely to cause a reasonable person to fear COVID-19 transmission). Defences vary: reasonable excuse is sometimes available (s 24(3), s 23(3)), but the presence of strict or absolute liability removes fault elements and can lead to convictions where the defendant cannot assert intent or recklessness defences.

Limits on judicial stays and emergency precedence. Sections 57 and 57L prevent interlocutory orders that stay emergency declarations or CHO actions. Also, Division 2 emergency powers prevail over other Divisions or Parts of the Act to the extent of inconsistency (s 47(2)). Practitioners should note that avenues for urgent judicial relief are constrained during emergencies.

Seizure and forfeiture procedural traps. Seized items can be detained and forfeited (ss 89-97). A person has only 72 hours to apply to the Local Court for an order disallowing seizure (s 92). If an application is not made, items can be forfeited and destroyed, and owners may be liable for destruction costs (ss 97-98). The CHO can sell or dispose of forfeited things with CHO certificate evidence of costs (s 98(4)). The limited window and evidentiary presumptions mean rapid legal response is required on seizure.

Data and confidentiality interplay. The CHO can compel health information (s 63) and keep a health information register (s 65). Section 112 criminalises improper disclosure but also permits CHO‑authorised disclosure for stated purposes with reasonable privacy protections (s 112(3)). Practitioners must navigate the boundary between CHO powers to collect and use health data and obligations under the Information Act and privacy norms.

Validation of past directions. Part 10A retrospectively validates particular CHO COVID-19 directions and preserves consequential acts and enforcement (s 133C-133D). However, s 133E preserves prosecutions and enforcement for contraventions committed before the commencement. Practitioners should check whether validation affects ongoing litigation or administrative decisions, and note that validated directions are capable of amendment and revocation (s 133F).

Corporate and supervisory liability traps. ss 116-119 attribute representatives’ conduct to principals and create personal liability for executive officers, partners and managers where they had the capacity to influence and failed to take reasonable steps. The statutory guidance on what counts as reasonable steps (s 119(2)) includes measures to ensure compliance monitoring and professional assessments. Boards and executives need documented compliance systems.

Registration non-transferability and 12‑month re‑registration ban. Registrations cannot be transferred (s 19) and, if cancelled, the proprietor cannot re-register the same business or register another business for 12 months from cancellation (s 22(2)). The 12-month prohibition may have substantial commercial consequences post-cancellation.

Publication of convictions. The CHO has power to publish details of persons found guilty of public health offences (s 123). Publication can occur after appeal periods lapse or after appeals are final (s 123(3)), creating reputational consequences beyond fines or orders.

These operational "gotchas" create a compliance landscape where speed, record‑keeping, proactive notification, prompt legal action on seizures or decisions, and robust compliance systems for executives and managers are vital. The statutory text places heavy emphasis on prompt remedial action and gives officials tools to enforce rapidly, with limited interim judicial relief.

Immediate steps for businesses carrying declared activities. Determine whether any of your activities are declared under s 9 by checking the Administering Agency register (s 125(1)(a)) and Gazette notices. If so, register the business with the CHO in the approved form before carrying on the declared activity (s 11, s 10 offence). Ensure the application includes required particulars and scaled drawings and that the prescribed fee is paid (s 11(1)(b)-(d)). Display the registration notice conspicuously at each place of operation and ensure mobile operators carry a copy when working offsite (s 18).

Design and document compliance systems. Since the CHO may impose conditions on registration (s 13) and the CHO may inspect and require compliance (s 11(2), s 17(2)), businesses should maintain up-to-date documentation: plans, specifications, operational protocols, staff training records and evidence of compliance monitoring. For corporate bodies, document regular professional assessments of compliance and implementation of recommended remedial actions to address s 119(2)(a)(i)-(ii) considerations for executive officers.

Manage notifications and change events. Establish practices to notify the CHO of ownership, name or address changes, business discontinuations or sales within statutory timeframes: 14 days for other changes (s 23) and 7 days for sales or disposals (s 24). Remember s 23 and s 24 are strict liability offences; create a responsible officer and an administrative checklist to satisfy timelines.

Prepare for inspections, authorised officers and warrants. Authorised officers can enter and inspect under s 80 with consent, at reasonable times, or under warrant. Train staff to produce registration notices and required documents (s 18, s 85). Implement procedures for when an authorised officer requests identification or documentation, and for how to respond to seizure or detention of items (ss 80-85, 89-91). Keep copies of approvals, certificates and communications in a retrievable format.

Respond to public health notices and orders promptly. If issued a public health notice (s 29) or order (s 32), comply within specified timeframes. If you intend to request an extension or cancellation, use the approved form and apply before expiry (ss 37-38). Where a notice or order is contested, note the time-limited review and appeal windows (s 105-106). If a CHO inspects and considers compliance achieved, secure written confirmation to avoid further enforcement actions.

Handle health information requests with care. The CHO can direct persons to give health information by written notice (s 63). Ensure you have lawful procedures for collection, storage and disclosure of health information, and seek CHO authorisation for disclosures under s 112(3) when necessary. Maintain privacy impact assessments and records of CHO authorisations.

Emergency preparedness and quarantine costs. Understand CHO powers during an emergency (s 52) and under Div 2A regarding COVID-19 (s 57B). Where quarantine or isolation may be ordered, be aware the CHO may charge fees for quarantine (s 52A, s 57E) and the Minister may determine those fees are Commonwealth money (ss 52B, 57F). Factor potential quarantine liabilities into contingency planning, insurance checks and contract clauses affecting workers.

Records, registers and public disclosure. Maintain records required under the Act, including registration notices and evidence of compliance. Use the Administering Agency registers (ss 125-126) to confirm statutory status and obligations. Be aware that the CHO may publish details of convictions and enforcement actions (s 123) and that registers may be inspected for a fee (s 127). Prepare communications strategies for potential publicity.

Legal readiness for seizures and forfeiture. If material is seized under ss 80 or 85, the owner has only 72 hours to apply to the Local Court to disallow seizure (s 92). Have lawyers on call to respond to immediate seizures and to prepare applications. Document chain of custody and contend with return or compensation paths (ss 91, 97-100).

Corporate governance and supervisory measures. Executive officers should implement compliance frameworks to demonstrate "reasonable steps" to prevent contraventions (s 119(2)). This includes scheduled audits, staff training, contractor oversight, and recordkeeping of risk assessments and remedial measures. Directors and managers should document delegation structures and oversight of representatives (s 116).

Engage with CHO consultation and standards. For matters involving standards or guidelines, engage in consultation and obtain copies of guidelines and standards at the places stated in the Gazette notice (ss 101-103). For proposed variations to registration conditions initiated by the CHO, respond substantively during the minimum 7-day submission period (s 20(5)).

Prompt legal action and appeals. Time-critical reviews and appeals require rapid legal engagement. If a notice, order or registration decision is issued, identify whether the decision is reviewable (Schedule 1) and lodge CHO review requests and appeals within statutory windows (ss 105-107). Prepare factual records and compliance proofs suitable for merit review under s 105.

Insurance and contractual allocation. Review insurance policies to determine coverage for fines, costs and debts recoverable under the Act (ss 60, 98, 122). Check supply and employment contracts for allocation of quarantine and shutdown costs, given CHO powers to order closures and quarantine (ss 32, 52, 57B).

In short, compliance requires proactive registration where necessary, robust documentation of compliance systems, strict adherence to notification timelines, procedures for immediate legal reaction to seizures or urgent orders, privacy-safe handling of health information, and governance evidence to protect executives from supervisory liability. The statutory design places heavy weight on swift action, documentation and capacity to demonstrate the taking of reasonable steps.