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Public and Environmental Health Act 2011
123Publication of names of offenders and other information
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123 Publication of names of offenders and other information
(1) The CHO may publish in the Gazette, or in a newspaper or other
publication circulating in the Territory or part of the Territory, a
notice about a person who is found guilty, or whose employee or
agent is found guilty, of an offence against this Act relating to a
public health risk or public health nuisance.
(2) The notice may contain the following information:
(a) the location of the state, condition or activity constituting the
public health risk or public health nuisance;
(b) the name of the person and, if the state, condition or activity
occurred during or as a result of the operations of a business
by the person, the name of the business;
(c) a description of the nature of the offence, the decision of the
court, the penalty imposed or any forfeiture incurred;
Public and Environmental Health Act 2011 71
(d) any other information relating to the risk to public health or
public health nuisance the CHO considers appropriate.
(3) The CHO may only publish the notice:
(a) if no appeal is lodged within the appeal period – within
21 days after the appeal period expires; or
(b) if an appeal is lodged within the appeal period and the finding
of guilt is affirmed on appeal – within 21 days after the final
order on appeal is made.
(4) A person who in good faith publishes the edition of the newspaper
or other publication in which the notice is published incurs no
liability for doing so.