Public Health Act 1997

1 Name of Act This Act is the Public Health Act 1997.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act. For example, the signpost definition ‘notified suspension or cancellation, of registration—see section 56P (1).’ means that the expression ‘notified suspension or cancellation’ is defined in section 56P (1). Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

4 Objectives This Act must be construed and administered in accordance with the following objectives: (a) the protection of the public from public health risks including those associated with facilities, equipment, products and activities not adequately controlled by another law of the Territory or a law of the Commonwealth; (b) through the monitoring of health indicators, to provide the public with information about the health of the population and to design and implement appropriate policies and programs for the maintenance and improvement of the population’s health; (c) the provision of a rapid response to public health risks; (d) the exercise of functions under this Act in a professional and responsible way; (e) the avoidance of any undue infringement of individual liberty and privacy in the exercise of functions under this Act.

6 Construction consistent with certain other laws (1) This Act must be construed and administered in a way that is consistent with a health law or an environment law unless the contrary intention appears from this Act or that law. (2) This Act must be taken to be consistent with a health law or an environment law to the extent that it is capable of operating concurrently with that law.

(3) Without limiting subsection (2)— (a) a function under the Food Act 2001 may be exercised independently of, in conjunction with, or instead of, a function under this Act; and (b) a function under this Act may be exercised independently of, in conjunction with, or instead of, a function under the Food Act 2001. Examples of s (3) 1 The issue of an abatement notice under this Act in relation to unfit food premises instead of an improvement notice under the Food Act 2001. 2 For food handled by a person with a highly contagious serious disease, a public health emergency could be declared under this Act and directions given to isolate affected people and require them to undergo a medical examination and the food could be recalled under the Food Act 2001, pt 4 (Emergency powers). environment law means a law of the Territory that has as 1 of its objects or purposes the protection of the environment. health law means— (a) a law of the Territory that has as 1 of its objects or purposes the protection of public health; or (b) the Food Act 2001; or (c) the Medicines, Poisons and Therapeutic Goods Act 2008.

Preliminary Part 1

6A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 67 (Offence—insanitary conditions) • s 102A (Doctors and nurse practitioners—failure to notify) • s 111 (Disclosure of information that identifies doctor etc). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

7 Chief health officer (1) The Minister must appoint a person to be the chief health officer. Note For the making of appointments generally, see Legislation Act, pt 19.3. (2) The chief health officer must be a public servant and a doctor. (3) An appointment under subsection (1) is a disallowable instrument. (4) The Minister may suspend the chief health officer from duty on grounds of misbehaviour or physical or mental incapacity, being grounds the particulars of which are stated in the suspension. (5) A suspension is a disallowable instrument. (6) Following the suspension of the chief health officer, the Minister may, in writing, revoke the appointment of the chief health officer if— (a) after the last day when the suspension could have been disallowed under the Legislation Act 2001, the suspension has not been disallowed; and (b) the Minister is satisfied that the grounds for suspension stated in the suspension still exist.

8 Acting chief health officer (1) The director-general may appoint a person to act as the chief health officer— (a) during any vacancy or all vacancies in the position of chief health officer; or (b) during any period, or all periods, when the chief health officer cannot for any reason exercise the functions of the position. Note For the making of acting appointments generally, see Legislation Act, div 19.3.2.

(2) An acting chief health officer must be a doctor. (3) The Legislation Act 2001, section 209 (Power of appointment includes power to make acting appointment) does not apply to the position of chief health officer.

9 Functions of chief health officer (1) The functions of the chief health officer are as follows: (a) to develop and implement strategies to promote and protect public health; (b) to ensure that the following Acts are complied with: (i) this Act; (ii) the Food Act 2001; (iii) the Medicines, Poisons and Therapeutic Goods Act 2008; (iv) the Radiation Protection Act 2006; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (c) to advise the Minister about proposed legislative or administrative changes related to public health and the safety and suitability of food for human consumption; (d) to carry out any other functions decided, in writing, by the Minister for an Act mentioned in paragraph (b). (2) The chief health officer may also exercise any other function given to the chief health officer by another territory law.

10 Biennial reporting by chief health officer (1) The chief health officer must prepare a written report every 2 years about public health indicators in the Territory in respect of the following matters: (a) trends and indicators in health status; (b) potential public health risks; (c) morbidity and mortality; (d) notifiable conditions; (e) health promotion activities; (f) harm minimisation activities; (g) access and equity indicators relevant to health; (h) social indicators relevant to health; (i) health services performance against minimum standards of care; (j) intersectoral activities relevant to health; (k) any other matter considered appropriate by the chief health (2) A report must be given to the Minister within 3 months after it is prepared. (3) The Minister must present a report to the Legislative Assembly within 6 sitting days after the day the Minister receives it.

11 Delegation by chief health officer The chief health officer may delegate a function under any of the following Acts to a person: (b) the Drugs of Dependence Act 1989;

(c) the Food Act 2001; (d) the Medicines, Poisons and Therapeutic Goods Act 2008; (e) the Radiation Protection Act 2006. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

12 Appointment of public health officers The director-general may appoint a person to be a public health

12A Functions of public health officers (1) The chief health officer may, in writing, authorise a public health officer to be an authorised officer for this Act or a provision of this Act. (2) The chief health officer may, in writing, authorise a public health officer to be an authorised officer for the Food Act 2001 or a provision of that Act. Note For the Medicines, Poisons and Therapeutic Goods Act 2008, see div 7.1.2 (Medicines and poisons inspectors). (3) A public health officer may also exercise any other function given to a public health officer by this Act or another territory law.

13 Appointment of authorised medical officers The director-general may appoint a doctor to be an authorised medical officer.

14 Functions of authorised medical officers (1) The chief health officer may, in writing, authorise an authorised medical officer to be an authorised officer for this Act or a provision of this Act. (2) An authorised medical officer may also exercise any other function given by this Act or another territory law.

15 Appointment of analysts The director-general may appoint a person as— (a) the government analyst; or (b) an analyst.

15A Functions of analysts (1) The chief health officer may, in writing, authorise an analyst for any of the following Acts or any provision of the following Acts: (b) the Criminal Code; (c) the Drugs of Dependence Act 1989; (d) the Food Act 2001; (e) the Medicines, Poisons and Therapeutic Goods Act 2008. Note 1 Analyst includes the government analyst (see dict). Note 2 For evidentiary certificates by analysts, see s 135A. Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) An analyst may also exercise any other function given to the analyst by this Act or another territory law. 15AA Analysts and assistants—authority to handle drugs etc (1) For section 15A and within the scope of the person’s employment, each of the following people is authorised to carry out an authorised activity in relation to a prohibited thing: (a) an analyst; Note Analyst includes the government analyst (see dict). (b) a person working under the direct supervision of an analyst.

authorised activity, in relation to a prohibited thing, means each of the following: (a) obtaining the thing; (b) manufacturing the thing; (c) possessing the thing, whether for use as a reference or otherwise; (d) if the thing is a controlled plant under the Criminal Code, section 600—cultivating the plant; (e) giving the thing to a person who is authorised to obtain it; (f) transporting the thing; (g) destroying the thing. cultivates—see the Criminal Code, section 615. employment includes engagement under a contract for services. manufacture—see the Criminal Code, section 606. prohibited thing means— (a) a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code, section 600; or (b) a regulated substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008; or (c) equipment used to manufacture something mentioned in paragraph (a) or (b); or (d) equipment used to cultivate a controlled plant within the meaning of the Criminal Code, section 600.

15B Non-public servant analysts—appointment subject to conditions (1) The appointment of a person who is not a public servant as an analyst may be— (a) made subject to conditions; or (b) amended by the director-general to impose a condition to which the appointment is to be subject or to amend or revoke a condition to which the appointment is already subject. (2) A condition may be imposed, amended or revoked by the director-general— (a) on the director-general’s own initiative or on the application of the person; and (b) for a stated period or indefinitely.

15C Non-public servant analysts—procedure for imposition etc of conditions on director-general’s initiative (1) If the director-general proposes, on the director-general’s own initiative, to take action under section 15B (1) (b) (Non-public servant analysts—appointment subject to conditions) to amend the person’s appointment to impose, amend or revoke a condition (the proposed action), the director-general must give the person a written notice stating— (a) the proposed action; and (b) if the proposed action is to impose a condition to which the appointment is to be subject—the proposed condition; and (c) if the proposed action is to amend a condition to which the appointment is subject—the proposed condition as amended; and (d) if the proposed action is to impose or amend a condition, the grounds for the proposed action; and

(e) if appropriate, any action that must be taken by the person to avoid or reverse the proposed action; and (f) the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect); and (g) that the proposed action takes effect on the date of effect unless the notice is revoked by the director-general before that date. (2) The notice may, but need not, provide an opportunity for the person to make representations about why the proposed action should not be taken. (3) The date of effect must not be earlier than 14 days after the notice is given to the person.

15D Non-public servant analysts—suspension or cancellation of appointment (1) This section applies to a person who is not a public servant and who is appointed as an analyst. (2) The director-general may suspend the person’s appointment for no longer than 1 year, or cancel the person’s appointment, (the proposed action) if satisfied, on reasonable grounds, that— (a) the person has breached a condition of the person’s appointment; or (b) the person has otherwise contravened an Act mentioned in section 15A (1) or another territory law under which the person exercises a function; or (c) the person is not a suitable person to hold the appointment because of misbehaviour or physical or mental incapacity. Note The person’s appointment also ends if the person resigns (see Legislation Act, s 210).

(3) Before suspending or cancelling the appointment, the director-general must give the person a written notice— (a) stating the grounds on which the director-general proposes to take the proposed action; and (b) stating the facts that, in the director-general’s opinion, establish the grounds; and (c) stating the proposed action; and (d) telling the person that the person may, within 14 days beginning the day after receiving the notice, give a written response to the director-general about the matters in the notice. (4) In deciding whether to suspend or cancel the appointment the director-general must consider any response given to the director-general under subsection (3) (d). (5) If the director-general is satisfied that grounds for taking action under this section have been established, the director-general may— (a) if the proposed action was to cancel the appointment—either cancel the appointment or suspend the appointment for a period of not longer than 1 year; or (b) if the proposed action was to suspend the appointment for a stated period—suspend the appointment for a period of not longer than that period. (6) The director-general must give the person written notice of the director-general’s decision. (7) The director-general’s decision takes effect on the day that notice of the director-general’s decision is given to the person or, if the notice states a later date of effect, that date.

16 Identity cards (1) The director-general must issue to an officer an identity card specifying the officer’s name and office, and on which appears a recent photograph of the officer. (2) Upon ceasing to occupy, or to act in, an office, a person must not, without reasonable excuse, fail to return the person’s identity card to the director-general. Maximum penalty: 1 penalty unit. office means the following offices: (a) chief health officer; (b) public health officer; (c) authorised medical officer; (d) analyst.

17 Protection from liability (1) In this section: official means— (a) the Minister; or (b) the chief health officer; or (c) an authorised officer; or (d) anyone else exercising functions under this Act. (2) An official does not incur civil or criminal liability for an act or omission done honestly and without negligence for this Act. (3) A civil liability that would, apart from this section, attach to an official attaches instead to the Territory.

General Division 3.1

Part 3 Public health risk activities and public health risk procedures

18 Public health risk activities and procedures—declaration (1) The Minister may declare an activity that may result in the transmission of disease, or that may otherwise adversely affect the health of individuals in the context of the wider health of the community, to be a public health risk activity. Example The Minister could, under subsection (1), declare as a public health risk activity the operation of a health care facility (including a hospital, day surgery or clinic where surgical procedures may be conducted or medical treatment may be provided). (2) A declaration under this section may, in relation to a public health risk activity, declare 1 or more procedures in relation to that activity to be public health risk procedures. (3) A declaration must indicate— (a) for a declared public health risk activity—whether the activity is licensable, non-licensable or registrable; and (b) for a declared public health risk procedure—whether the procedure is licensable or non-licensable. (4) A declaration that an activity is a registrable public health risk activity may indicate that the activity is location-specific.

(5) A registrable public health risk activity that is location-specific is registrable separately— (a) for each premises where it is carried on; or (b) if it is carried on at more than 1 location on particular premises—for each such location. Note 1 A licence is required to carry on a public health risk activity or procedure that is declared to be licensable (see s 21 and s 42C), subject to the exemptions in s 22 and s 42D. Note 2 A licence is not required to carry on a public health risk activity or procedure that is declared to be non-licensable. Note 3 A licence is not required to carry on a public health risk activity that is declared to be registrable. However, a person must be registered to carry on a registrable public health risk activity (see s 56C), and a location-specific registrable activity (see s 18 (4)) may only be carried on at a location that is registered for the activity (see s 56C (2)). (6) A declaration under this section is a disallowable instrument.

20 Compliance with codes of practice (1) A person carrying on a public health risk activity must not, without reasonable excuse, fail to comply with a code of practice in relation to that activity.

(2) A person performing a public health risk procedure must not, without reasonable excuse, fail to comply with a code of practice in relation to that procedure.

21 Activity licences—offences (1) A person must not carry on a licensable public health risk activity unless the person— (a) holds an activity licence for the activity; or (b) is a defined influential person in relation to the holder of an activity licence for the activity. (2) A person must not carry on a licensable public health risk activity except in accordance with an activity licence. (3) This section does not apply to a person who is exempt under section 22.

22 Exemption from licensing requirement—activity accreditation schemes (1) For section 21 (3), a person who carries on a licensable public health risk activity is exempt from the requirement to be licensed if— (a) the person is accredited under an activity accreditation scheme for the activity; and (b) the person has not, during the previous year, contravened the activity accreditation standards for the scheme (as modified, if at all, under section 23); and (c) the person carrying on the activity, or a defined influential person in relation to the person, has not, during the previous year, contravened this Act or a corresponding public health risk law. (2) The Minister may determine— (a) activity accreditation schemes for licensable public health risk activities; and (b) activity accreditation standards for activity accreditation schemes.

23 Activity accreditation standards—modification (1) A person who carries on a licensable public health risk activity for which there is an activity accreditation scheme may apply to the Minister for a modification of the activity accreditation standards for the scheme as they apply to the person. notice to the person, make the modification of the standards sought by the person unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the licensable public health risk activity

24 Alteration of premises and appliances—offence (1) A person who carries on a licensable public health risk activity must not, except in accordance with an approval under section 25, make an activity premises alteration or a procedure appliance alteration if the alteration would increase the public health risk associated with the activity. (2) For subsection (1), an activity premises alteration or a procedure appliance alteration is taken to increase the public health risk associated with a public health risk activity if there are reasonable grounds for the person who carries on the activity to believe that the alteration would increase the risk (irrespective of the person’s actual belief).

25 Alteration of premises and appliances—approval (1) A person who carries on a licensable public health risk activity may apply to the Minister for approval of an activity premises alteration or procedure appliance alteration. notice to the person, approve the activity premises or procedure appliance alteration unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the licensable public health risk activity.

29 Activity licence—application (1) A person may apply to the Minister for a licence to carry on a public health risk activity. (a) be signed by the applicant; and (b) specify the public health risk activity; and (c) specify the premises on or from which the applicant intends to carry on the public health risk activity; and (d) subject to subsection (3), in the case of existing premises, be accompanied by a sketch plan of the premises showing— (i) the layout of all fixtures, fittings, appliances and any other equipment installed in the premises; and (ii) the area, or each area forming part of the premises that will be used for the purposes of the public health risk activity, and the use to which it will be put; and

(e) for premises that, at the date of the application, have not been completed or are being altered—be accompanied by a copy of the relevant plans and specifications. (3) Subsection (2) (d) does not apply where— (a) another person named in the application is the holder of an activity licence in relation to a public health risk activity carried on at the premises; and (b) the applicant intends to carry on the same public health risk activity at those premises; and (c) the applicant states that there has been no change in any matter required to be shown in a sketch plan by subsection (2) (d) since the latest of the following dates: (i) the date of the last presentation of a sketch plan of the premises under that paragraph; (ii) the date of the last approval by the Minister of an alteration of the premises under section 27 (1) (b). (4) The Minister may, by written notice, require the applicant to provide specified further information in writing about the application.

30 Activity licence—grant or refusal (1) Where an application for an activity licence has been made in accordance with section 29, the Minister must, subject to this section, by notice in writing to the applicant— (a) grant the licence; or (b) refuse to grant the licence. (2) An activity licence may be granted subject to specified conditions.

(3) An activity licence must not be granted in respect of premises that, at the date of the application, had not been completely constructed, or were being altered, until the Minister is satisfied that the construction of the premises, or the alterations, have been completed. (4) For the purposes of making a decision under subsection (1) or (2), the (a) the suitability of the premises for the purpose of carrying on the public health risk activity; (b) the competence and experience of the applicant, and of any defined influential person in relation to the applicant; (c) the adequacy of the applicant’s equipment for the carrying on or performance in accordance with any applicable code of practice of the public health risk activity or of any associated public health risk procedure; (d) any previous contravention by the applicant or any defined influential person in relation to the applicant of this Act or a corresponding public health risk law; (e) the potential public health risks associated with the proposed activity; (f) any other matters that, in the interests of public health, the

31 Activity licence—form An activity licence must state the following: (a) the name of the licensee; (b) the licensed public health risk activity; (c) the licensed premises; (d) the term for which the licence is granted; (e) any conditions to which the licence is subject.

32 Activity licence—duration An activity licence remains in force, except while it is suspended, until it is surrendered or cancelled, for the period specified on the licence, and may be renewed under section 33.

33 Activity licence—renewal (1) The holder of an activity licence may, before the expiration of the term of the licence, apply to the Minister for its renewal. (2) An application for the renewal of an activity licence must be in writing signed by the licensee. (3) On application under this section, the Minister must renew the licence for a period of the same length as the current term of the licence. (4) A suspended activity licence may be renewed, but the renewal does not result in the suspension being lifted.

34 Activity licence—variation (1) On application by the holder of an activity licence, the Minister must, if satisfied that it is not prejudicial to the interests of public health to do so, by notice in writing to the licensee, vary the licence accordingly. (2) Where the Minister has reasonable grounds for believing that it is desirable to vary an activity licence in the interests of public health, the Minister must give the licensee a written notice— (a) stating the reasons why the Minister intends to vary the licence; and (b) informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice.

(3) After the expiration of the period specified in a notice under subsection (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence by notice in writing to the licensee. (4) After the expiration of the period specified in a notice under subsection (2) (b), the Minister must, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect. (5) The variation of a licence takes effect on— (a) the date on which notice of the variation is given to the licensee; or (b) such later date as is specified in the notice of variation. licence includes a suspended licence. vary, in relation to a licence, includes— (a) vary a licence condition; and (b) revoke a licence condition; and (c) impose a licence condition; and (d) vary the term of the licence.

35 Activity licence—return for endorsement of variation (1) The holder of an activity licence that has been varied must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the variation. (2) As soon as practicable after the return of a licence under subsection (1), the Minister must endorse the variation on the licence and return it to the licensee.

36 Activity licence—application for transfer (1) The holder of an activity licence (except a licence that is under suspension) and a person to whom it is proposed to transfer the licence may jointly apply for the transfer of the licence. (2) An application must be— (a) signed by each joint applicant; and (b) accompanied by the licence. (3) The Minister may, by written notice, require the proposed transferee to provide specified further information in writing about the application.

37 Activity licence—grant or refusal of transfer (1) Where an application for the transfer of an activity licence has been made in accordance with section 36, the Minister must, subject to this section, by notice in writing to each applicant— (a) approve the transfer; or (b) refuse to approve the transfer. (2) In association with the transfer of a licence, the Minister may vary the term of the licence. (3) For the purposes of making a decision under subsection (1) or (2), the (a) the competence and experience of the proposed transferee and of any defined influential person in relation to the proposed transferee; (b) the adequacy of the equipment proposed to be used by the proposed transferee for the carrying on or performance in accordance with any applicable code of practice of the public health risk activity or of any associated public health risk procedure;

(c) any previous contravention by the proposed transferee or any defined influential person in relation to the proposed transferee with this Act or a corresponding public health risk law; (d) any other matters that, in the interests of public health, the (4) The transfer of a licence takes effect on the date of receipt by the transferee of the notice of decision under subsection (1), or on such later date as is specified in the notice. (5) The Minister must return a licence that is the subject of an application for transfer— (a) if the application is approved—to the proposed transferee, unless a delay in the transfer’s coming into effect makes it more convenient to return the licence to the existing licensee; or (b) in any other case—to the existing licensee; together with the notice of decision.

38 Activity licence—surrender (1) The holder of an activity licence may surrender the licence by giving to the Minister— (a) a signed notice that the licence is being surrendered; and (b) the licence. (2) A licence that is under suspension may be surrendered under this section.

39 Activity licence—suspension and cancellation (1) The grounds for the suspension or cancellation of an activity licence under this section are as follows: (a) the obtaining of the licence by fraud or misrepresentation;

(b) the contravention by the licensee or any defined influential person in relation to the licensee of this Act or a corresponding public health risk law; (c) the lack of competence of the licensee or of any defined influential person in relation to the licensee. (2) This section applies where the Minister has reasonable grounds for believing that— (a) there exists a ground for the suspension or the cancellation of an activity licence under this section; and cancel the licence. (3) Where this section applies, the Minister must give written notice to the licensee— (a) specifying the ground upon which the Minister intends to suspend or cancel the licence; and (b) stating the facts and circumstances that, in the Minister’s opinion, constitute that ground; and (c) informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice. (4) After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister must, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee— (a) in the case of a notice of intention to suspend the licence for a specified period—suspend the licence for that period, or for such shorter period as the Minister thinks fit; or

(b) in the case of a notice of intention to cancel the licence—cancel the licence or suspend it for such period as the Minister thinks fit. (5) After the expiration of 28 days after the date of a notice under subsection (3), the Minister must, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee to that effect. (6) The suspension or cancellation of a licence takes effect on— (a) the date on which notice of the suspension or cancellation is given to the licensee; or (b) such later date as is specified in the notice.

40 Activity licence—emergency suspension (1) The grounds for the suspension of an activity licence under this section are as follows: (a) contravention by the licensee or any defined influential person in relation to the licensee of a condition to which the licence is subject; (b) subject to section 41, the giving of a prohibition notice to the licensee. (2) The Minister may, by notice in writing given to the holder of an activity licence, suspend the licence for a period not exceeding 6 months where the Minister has reasonable grounds for believing (a) there exists a ground for the suspension of a licence under this section; and (b) it is necessary to suspend the licence in order to prevent or remove an imminent serious risk to public health. (3) A suspension takes effect on the date on which the notice is given to the licensee.

(4) A notice of suspension must— (a) specify the ground upon which the licence is suspended; and (b) specify the period of the suspension; and (c) state the facts and circumstances that, in the Minister’s opinion, constitute that ground.

41 Activity licence—automatic suspension (1) An activity licence is suspended by virtue of this subsection where an authorised officer gives the licensee a prohibition notice that contains a prohibition under section 61 (4) (a) in relation to the licensed activity. (2) A suspension under this section— (a) takes effect— (i) at the expiry of the period, or the latest-expiring period, specified in the prohibition notice under section 61 (5) (f); or (ii) if no such period is specified—when the notice is given; and (b) ceases when the prohibition notice is revoked.

42 Activity licence—return of defunct licences The holder of an activity licence that has been suspended or cancelled must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation.

42A Licensable public health risk activities—false representation (1) A person who is not the holder of an activity licence must not represent that the person holds an activity licence. (2) The holder of an activity licence that is suspended must not represent that the licence is held without disclosing that the licence is (3) A person who is not accredited under an activity accreditation scheme must not falsely represent that the person is accredited.

42B Licensable public health risk activities—inspection A person who carries on a licensable public health risk activity must ensure that— (a) if the person holds an activity licence—the licence is available for inspection by an authorised officer, at any reasonable time, at the premises where the activity is carried on; and

(b) all records reasonably relevant to the activity (including records of licensing, conduct, accreditation and approval of activity premises alterations and procedure appliance alterations) are available for inspection by an authorised officer, at any reasonable time, at the premises where the activity is carried on.

Division 3.3 Licensable public health risk procedures

42C Procedure licences—offences (1) A person must not perform a licensable public health risk procedure unless the person holds a procedure licence for the procedure. (2) A person must not perform a licensable public health risk procedure except in accordance with a procedure licence. (3) This section does not apply to a person who is exempt under section 42D.

42D Exemption from licensing requirement—procedure accreditation schemes (1) For section 42C (3), a person who performs a licensable public health risk procedure is exempt from the requirement to be licensed if— (a) the person is accredited in accordance with a procedure accreditation scheme for the activity; and (b) the person has not, during the previous year, contravened the procedure accreditation standards for the scheme (as modified, if at all, under section 42E); and

(c) the person has not, during the previous year, contravened this Act or a corresponding public health risk law. (2) The Minister may determine— (a) procedure accreditation schemes for licensable public health risk procedures; and (b) procedure accreditation standards for procedure accreditation schemes.

42E Procedure accreditation standards—modification (1) A person who performs a licensable public health risk procedure for which there is a procedure accreditation scheme may apply to the Minister for a modification of the procedure accreditation standards for the scheme as they apply to the person. notice to the person, make the modification to the standards sought by the person unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the performance of the licensable public health risk procedure.

42F Alteration of appliances—offence (1) A person who performs a licensable public health risk procedure must not, except in accordance with an approval under section 42G, make a procedure appliance alteration if the alteration would increase the public health risk associated with the procedure. (2) For subsection (1), a procedure appliance alteration is taken to increase the public health risk associated with a public health risk procedure if there are reasonable grounds for the person who performs the procedure to believe that the alteration would increase the risk (irrespective of the person’s actual belief).

42G Alteration of appliances—approval (1) A person who performs a licensable public health risk procedure may apply to the Minister for approval of a procedure appliance alteration. notice to the person, approve the procedure appliance alteration unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the performance of the licensable public health risk procedure.

43 Procedure licence—application (1) A person may apply to the Minister for a licence to perform a public health risk procedure. (a) be signed by the applicant; and

(b) state the public health risk procedure.

44 Procedure licence—further information The Minister may, by written notice, require an applicant for a procedure licence to provide specified further information in writing about the application.

45 Procedure licence—grant or refusal (1) Where an application for a procedure licence has been made in accordance with section 43, the Minister must, by notice in writing to the applicant— (a) grant the licence; or (b) refuse to grant the licence. (2) The Minister must not refuse to grant a procedure licence unless satisfied, after taking into account the matters referred to in subsection (4), that the applicant is not suitable to hold a procedure licence. (3) A procedure licence may be granted subject to specified conditions. (4) For the purposes of making a decision under subsection (1) or (3), the (a) the competence and experience of the applicant; (b) any previous contravention by the applicant of this Act or a corresponding public health risk law; (c) any other matters that, in the interests of public health, the

46 Procedure licence—form A procedure licence must state— (a) the name of the licensee; and

(b) the licensed public health risk procedure; and (c) any conditions to which the licence is subject.

47 Procedure licence—annual fees The holder of a procedure licence must, on or before the anniversary of the grant of the licence, pay to the Minister the fee determined under section 137 (Determination of fees) for this section.

48 Procedure licence—suspension and cancellation for failure to pay annual fee (1) Where a fee payable under section 47 is not paid in accordance with that section, the licence is, by virtue of this subsection, suspended. (2) A suspension under subsection (1)— (a) takes effect on the day after the relevant anniversary of the grant of the licence; and (b) ceases when the fee payable under section 47 is paid or the licence is cancelled under subsection (3) of this section, whichever first occurs. (3) On or after the day notified under subsection (4), the Minister may cancel a licence that has remained suspended by virtue of subsection (2) for a period of not less than 3 months. (4) The Minister must not cancel a licence under subsection (3) unless, at least 1 month before doing so, the Minister gives the licensee a written notice stating that unless the appropriate fee is paid, the licence may be cancelled on or after a specified day. (5) Where a licence that is under suspension by virtue of another section of this Act (the other suspension)— (a) is also under suspension by virtue of subsection (1) (this suspension); and

(b) this suspension ceases by virtue of subsection (2) (b); the cessation of this suspension does not affect the other suspension. licence includes a licence that is under suspension under another section of this Act.

49 Procedure licence—variation (1) On application by the holder of a procedure licence, the Minister must, if satisfied that it is not prejudicial to the interests of public health to do so, vary the licence accordingly by notice in writing given to the licensee. (2) Where the Minister has reasonable grounds for believing that it is desirable to vary a procedure licence in the interests of public health, the Minister must give the licensee a written notice— (a) stating the reasons why the Minister intends to vary the licence; and (b) informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice. (3) After the expiration of the period specified in a notice under subsection (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence, by notice in writing to the licensee. (4) After the expiration of the period specified in a notice under subsection (2) (b), the Minister must, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect. (5) The variation of a licence takes effect on— (a) the date on which notice of the variation is given to the licensee; or

(b) such later date as is specified in the notice of variation. licence includes a suspended licence. vary, in relation to a licence, includes— (a) vary a licence condition; and (b) revoke a licence condition; and (c) impose a licence condition.

50 Procedure licence—return for endorsement of variation (1) The holder of a procedure licence that has been varied must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the variation. (2) As soon as practicable after the return of a licence under subsection (1), the Minister must endorse the variation on the licence and return it to the licensee.

51 Procedure licence—duration A procedure licence remains in force, except while it is suspended, until it is surrendered or cancelled.

52 Procedure licence—surrender (1) The holder of a procedure licence may surrender the licence by giving to the Minister— (a) a signed notice that the licence is being surrendered; and (b) the licence. (2) A licence that is under suspension may be surrendered under this section.

53 Procedure licence—suspension and cancellation (1) The grounds for the suspension or cancellation of a procedure licence under this section are as follows: (a) the obtaining of the licence by fraud or misrepresentation; (b) contravention by the licensee of this Act or of a corresponding public health risk law; (c) the lack of competence of the licensee. (2) This section applies where the Minister has reasonable grounds for believing that— (a) there exists a ground for the suspension or cancellation of a procedure licence under this section; and cancel the licence. (3) Where this section applies, the Minister must give written notice to the licensee— (a) specifying the ground upon which the Minister intends to suspend or cancel the licence; and (b) stating the facts and circumstances that, in the Minister’s opinion, constitute that ground; and (c) informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice.

(4) After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister must, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee— (a) in the case of a notice of intention to suspend the licence for a specified period—suspend the licence for that period, or for such shorter period as the Minister thinks fit; or (b) in the case of a notice of intention to cancel the licence—cancel the licence or suspend it for such period as the Minister thinks fit. (5) After the expiration of 28 days after the date of a notice under subsection (3), the Minister must, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee of the Minister’s decision not to suspend or cancel the licence. (6) The suspension or cancellation of a licence takes effect on— (a) the date on which notice of the suspension or cancellation is given to the licensee; or (b) such later date as is specified in the notice.

54 Procedure licence—emergency suspension (1) The grounds for the suspension of a procedure licence under this section are as follows: (a) contravention by the licensee of a condition to which the licence is subject; (b) subject to section 55, the giving of a prohibition notice to the licensee.

(2) The Minister may, by notice in writing given to the holder of a procedure licence, suspend the licence for a period not exceeding 6 months where the Minister has reasonable grounds for believing (a) there exists a ground for the suspension of a licence under this section; and (b) it is necessary to suspend the licence in order to prevent or remove an imminent serious risk to public health. (3) A suspension takes effect on the date on which the notice is given to the licensee. (4) A notice of suspension must— (a) specify the ground upon which the licence is suspended; and (b) specify the period of the suspension; and (c) state the facts and circumstances that, in the Minister’s opinion, constitute that ground.

55 Procedure licence—automatic suspension (1) A procedure licence is suspended by virtue of this subsection where an authorised officer gives the licensee a prohibition notice that contains a prohibition under section 61 (4) (a) in relation to the licensed procedure. (2) A suspension under this section— (a) takes effect— (i) at the expiry of the period, or the latest-expiring period, specified in the prohibition notice under section 61 (5) (f); or (ii) if no such period is specified—when the notice is given; and (b) ceases when the prohibition notice is revoked.

56 Procedure licence—return of defunct licences The holder of a procedure licence that has been suspended or cancelled must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation.

56A Licensable public health risk procedures—false representation (1) A person who is not the holder of a procedure licence must not represent that the person holds a procedure licence. (2) The holder of a procedure licence that is suspended must not represent that the licence is held without disclosing that the licence is (3) A person who is not accredited under a procedure accreditation scheme must not falsely represent that the person is accredited.

56B Procedure licence—inspection A person who performs a licensable public health risk procedure must ensure that— (a) if the person holds a procedure licence—the licence is available for inspection by an authorised officer, at any reasonable time, at the premises where the procedure is performed; and

(b) all records reasonably relevant to the procedure (including records of licensing, conduct, accreditation and approval of procedure appliance alterations) are available for inspection by an authorised officer, at any reasonable time, at the premises where the procedure is performed. Division 3.4 Registration of public health risk activities

56C Registrable public health risk activities—offences (1) A person must not carry on a registrable public health risk activity unless the person— (a) is registered to carry on the activity; or (b) is a defined influential person in relation to a person who is registered to carry on the activity. (2) If a person is registered to carry on a location-specific public health risk activity, the person must not carry on the activity except at the registered location.

56D Activity register (1) The Minister must keep a register of registrable public health risk activities (the activity register) showing the following information for each activity: (a) the nature of the activity, and whether the activity is location-specific; (b) the date of its declaration under section 18;

(c) if the declaration is varied—the date and nature of the variation; (d) if the declaration is revoked—the date of revocation. (2) The register may be kept in electronic form. (3) The Minister must ensure that the register is available for public inspection (at no cost) during normal business hours on business days.

56E Registered people register (1) The Minister must keep a register of registered people (the registered people register) showing the following information for each person: (a) the information on the person’s registration certificate (as varied, if at all, under this division); (b) if the registration is transferred—details of the transfer; (c) if the registration is suspended—the date of suspension, a brief indication of the reasons for suspension and the date of lifting of the suspension (if applicable); (d) if the registration is cancelled—the date of cancellation and a brief indication of the reasons for cancellation; (e) if the registration is surrendered—the date of surrender. (2) The register may be kept in electronic form. (3) The Minister must ensure that the register is available for public inspection (at no cost) during normal business hours on business days.

56F Registration—application (1) A person may apply to the Minister for registration to carry on a registrable public health risk activity. (2) The Minister may, by written notice, require the applicant to provide

56G Registration—grant or refusal (1) If— (a) a person applies to the Minister under section 56F for registration to carry on a registrable public health risk activity; and (b) the person complies with that section; the Minister must register the person by giving the person a registration certificate unless subsection (2) or (3) applies. (2) The Minister must refuse to register the person if the person, or a defined influential person in relation to the person, has previously contravened this Act or a corresponding public health risk law, unless the Minister is satisfied on reasonable grounds that any similar contravention by the person, or a defined influential person in relation to the person, is not likely to recur. (3) The Minister must refuse to register the person if the registration of the person, or a defined influential person in relation to the person, to carry on the registrable public health risk activity (whether at the location or locations applied for, or elsewhere) has been cancelled during the previous year, or is under suspension at the time of the application.

56H Registration—certificate A registration certificate must include the following information: (a) the name of the registered person; (b) the nature of the registered activity (and whether it is location-specific);

(c) the location for which the activity is registered, including the address of the premises (or each premises), and the precise location on the premises, where the activity is authorised to be carried on; (d) the period for which registration is granted; (e) the name and address of the owner of the registered premises (or each registered premises); (f) the name and address of the manager of the registered premises (or each registered premises); (g) the name and address of the owner of the equipment associated with the carrying on of the registered activity; (h) the name and address of the manager of the equipment associated with the carrying on of the registered activity.

56J Registration—duration Registration is granted for the period stated in the registration certificate, but may be renewed under section 56K.

56K Registration—renewal (1) A registered person may, before the end of the current period of registration, apply to the Minister for renewal of the registration. (2) The application must be in writing signed by the registered person. (3) If the registered person complies with this section, the Minister must renew the registration for a period of the same length as the current period of registration. (4) If the registration is suspended, it may be renewed, but the renewal does not result in the suspension being lifted.

56L Registration—change of information (1) A registered person (other than a person registered to carry on a location-specific registrable public health risk activity) must give the Minister written notice of a change to the registered location of the registered activity (including any additional location) within 14 days after the change. (2) The registered location of a location-specific registrable public health risk activity may not be changed by notice under this section. (3) A registered person must give the Minister written notice of a change to the name or address of the owner or manager of the registered premises, or of the owner or manager of equipment associated with the carrying on of the registered activity, within 14 days after the registered person is first given notice of the change or otherwise becomes aware of it. (4) If the Minister receives written notice of a change of information in a registration certificate, the Minister must vary the registration certificate accordingly. (5) The variation takes effect on the later of the following days: (a) the day when the change happens; (b) the day when the Minister was given written notice of the change.

56M Registration—application for approval of transfer (1) A registered person (except a person whose registration is suspended), and a person to whom it is proposed to transfer the registration, may jointly apply for approval of the transfer. (2) The application must be accompanied by the registration certificate. (3) The Minister may, by written notice, require the proposed transferee to provide stated additional information about the application.

56N Registration—grant or refusal of transfer (1) If— (a) a registered person, and a person to whom it is proposed to transfer the registration, jointly apply to the Minister under section 56M for approval of the transfer of the registration; and (b) they comply with that section; the Minister must approve the transfer unless subsection (2) or (3) applies. (2) The Minister must refuse to approve the transfer if the proposed transferee, or a defined influential person in relation to the proposed transferee, has previously contravened this Act or a corresponding public health risk law, unless the Minister is satisfied on reasonable grounds that any similar contravention by the proposed transferee, or a defined influential person in relation to the proposed transferee, is not likely to recur. (3) The Minister must refuse to approve the transfer if the registration of the proposed transferee, or of a defined influential person in relation to the proposed transferee, to carry on the registrable public health risk activity (whether at the location or locations applied for, or elsewhere) has been cancelled during the previous year, or is under suspension at the time of the application.

(4) The Minister must give written notice of the Minister’s decision on the application to the registered person and the proposed transferee. (5) If the Minister approves the transfer of registration, the transfer takes effect on the day the proposed transferee is given written notice of the decision or, if a later date of effect is stated in the notice, the stated day. (6) If the Minister approves the transfer of registration, the Minister may vary the registration period if the proposed transferee asks for it to be varied.

56P Registration—notified suspension and cancellation (1) The grounds for the suspension or cancellation under this section (the notified suspension or cancellation) of a registration are as follows: (a) the obtaining of the registration by fraud or misrepresentation; (b) the contravention of this Act or a corresponding public health risk law by the registered person or any defined influential person in relation to the registered person. (2) This section applies if the Minister believes on reasonable grounds (a) there is a ground for notified suspension or cancellation of a registration; and cancel the registration (the proposed action). (3) The Minister must give written notice to the registered person that— (a) states the proposed action, including any proposed suspension period; and (b) states the ground for the proposed action; and (c) states the facts and circumstances that, in the Minister’s opinion, constitute the ground; and

(d) invites the person to make written representations, within a stated period of at least 28 days after the person is given the notice, why the proposed action should not be taken. (4) If, after considering any written representations made by the registered person within the stated period, the Minister is satisfied on reasonable grounds that a ground exists for notified suspension or cancellation of the registration, the Minister may— (a) if the proposed action was to cancel the registration—either cancel the registration or suspend the registration for not longer than 1 year; or (b) if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated (5) The Minister must tell the registered person in writing of the decision. (6) If the Minister decides to cancel or suspend the registration, the Minister must also tell the person in writing when the cancellation or suspension takes effect. (7) The cancellation or suspension must not take effect earlier than the day when the registered person is told about the decision.

56Q Registration—automatic suspension (prohibition notice) (1) Registration is automatically suspended if the registered activity is prohibited by a prohibition notice under section 61 (4) (a). (2) The suspension takes effect— (a) at the end of the period (if any) stated in the prohibition notice under section 61 (5) (f); or (b) if no period is specified—when the prohibition notice is given. (3) The suspension ceases when the prohibition notice is revoked.

56R Registration—return of suspended or cancelled certificates A person whose registration is suspended or cancelled must not, without reasonable excuse, fail to return the registration certificate to the Minister within 7 days after the date of effect of the suspension or cancellation.

56S Registration—surrender (1) A registered person may surrender registration by returning the registration certificate to the Minister with a signed notice stating that the registration is surrendered. (2) A registered person may surrender registration while the registration is suspended.

56T Registration—false representation (1) A person other than a registered person must not represent that the person is a registered person. (2) A person whose registration is suspended must not represent that the person is registered without disclosing that the registration is

56U Registration—inspection A registered person must ensure that— (a) the registration certificate is available for inspection by an authorised officer, at any reasonable time, at premises where the registered activity is carried on; and

Improvement notices Division 3.6 (b) any records associated with the registration or conduct of the registered activity are available for inspection by an authorised officer, at any reasonable time, at premises where the activity is carried on.

57 Improvement notice—compliance A person to whom an improvement notice is issued must not, without reasonable excuse, fail to comply with the notice.

58 Improvement notice—issue (1) This section applies where an authorised officer has reasonable grounds for believing that a person who is carrying on a public health risk activity or performing a public health risk procedure is contravening or likely to contravene this Act. (2) Where this section applies, the authorised officer may issue an improvement notice to the person carrying on the activity or performing the procedure, as the case may be. (3) If the person carrying on a public health risk activity to whom an improvement notice is issued is not in charge of the premises where that activity is carried on, the authorised officer must give a copy of a notice under subsection (2) to the person in charge of those premises.

(4) An improvement notice must specify the following matters: (a) the contravention that the authorised officer believes is occurring or is likely to occur and the reasons for that belief; (b) a period or periods within which the person to whom the notice is given is required to rectify the matters or activities to which the notice relates. (5) An improvement notice may specify action that the person to whom the notice is given is to take in order to comply with the notice. (6) An improvement notice continues in force until revoked in accordance with section 60.

59 Improvement notice—extension of compliance period (1) Before the end of a compliance period specified in an improvement notice under section 58 (4) (b), an authorised officer may extend the improvement notice was issued, or on the motion of the authorised officer; and

60 Improvement notice—revocation (1) An authorised officer must revoke an improvement notice if satisfied, after carrying out an appropriate inspection, that the notice has been complied with. to whom it was issued; and

61 Prohibition notice—issue (1) This section applies where an authorised officer has reasonable grounds for believing that imminent serious risk to public health is being caused by, or is likely to be caused by— (a) the manner in which a public health risk activity is being carried on, or a public health risk procedure is being performed; or (b) the use being made of premises on which a public health risk activity is carried on; or

(c) the state or condition of premises on which a public health risk activity is carried on. (2) Where this section applies to a public health risk activity or a public health risk procedure, the authorised officer may issue a prohibition notice to the person carrying on the activity or performing the procedure. (3) If the person carrying on a public health risk activity, or performing a public health risk procedure, to which a prohibition notice relates is not in charge of the premises where that activity or procedure is carried on or performed, the authorised officer must give a copy of a notice under subsection (2) to the person in charge of those premises. (4) A prohibition notice may prohibit the person to whom it is issued from undertaking, or permitting, 1 or more of the following actions in relation to a public health risk activity or a public health risk procedure: (a) the carrying on of the activity or the performance of the procedure; (b) the carrying on of the activity or the performance of the procedure except in accordance with specified directions; (c) the use of specified premises for the activity or procedure. (5) Without limiting the generality of subsection (4), a prohibition notice may include 1 or more of the following directions in relation to a public health risk activity or a public health risk procedure: (a) directions that the activity or procedure, or a specified aspect of the activity or procedure, is only to be carried on or performed in a part of specified premises (or is not to be carried on or performed in a part of such premises); (b) directions that any substance, compound or article is, or is not, to be used in connection with the activity or procedure;

(c) directions that the activity or procedure be carried on or performed in a specified manner; (d) directions for the impounding or isolation of any appliance; (e) directions for the destruction or disposal, in a manner specified in the notice, of any appliance; (f) directions specifying a period within which the person to whom the notice is given is to comply with any direction. (6) A prohibition notice continues in force until revoked in accordance with section 65.

62 Prohibition notice—extension of compliance period (1) Before the end of a compliance period specified in a prohibition notice under section 61 (5) (f), an authorised officer may extend the prohibition notice was issued, or on the motion of the authorised officer; and

63 Prohibition notice—display (1) A person to whom a prohibition notice has been issued must cause a copy of that notice to be displayed, and to be kept displayed, so as to be readily visible to people entering each premises specified in the notice by way of any public entrance to those premises.

(2) A person must not, without reasonable excuse, contravene Maximum penalty (subsection (2)): 10 penalty units.

64 Prohibition notice—implementation implement a prohibition notice— (a) after the expiration of any compliance period specified under section 61 (5) (f) (as extended, if at all, under section 62); or compliance with any positive direction in the notice, and in the (2) For the purpose of implementing a prohibition notice under (a) enter a place to which the notice relates at any reasonable time; or (b) enter a place to which the notice relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry. (3) An authorised officer who enters a place under subsection (2) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce the authorised officer’s identity card, and, (4) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, a prohibition notice under this section are a debt due to the Territory by the person to whom the notice was issued.

65 Prohibition notice—revocation (1) An authorised officer must revoke a prohibition notice if satisfied, after carrying out an appropriate inspection— (a) that the notice has been complied with; and (b) that adequate measures have been taken to prevent or remove the serious risk to public health that gave rise to the issue of the notice. to whom it was issued; and

66 Prohibition orders (1) The chief health officer may apply to the Magistrates Court for an order that a person to whom a prohibition notice has been issued comply with the notice.

the alleged risk to public health. relation to the application submitted by the parties, if satisfied that the action or inaction of the person to whom the prohibition notice was issued has given rise to a serious and imminent risk to public health, the court may make any of the following orders in relation to the person: (a) that the person comply with the notice within a period (if any) (b) that in order to prevent or alleviate the relevant public health risk, the person comply with any specified requirement in addition to any specified in the notice within a period (if any) (i) for an individual (other than a utility)—$10 000; or (ii) for a corporation (other than a utility)—$50 000; or (iii) for a utility who is an individual—$200 000; or (iv) for a utility that is a corporation—$1 000 000. (a) for a person who is not a utility—100 penalty units, imprisonment for 1 year or both; or

(b) for a utility—2 000 penalty units, imprisonment for 1 year or (b), an authorised officer may, using such reasonable force and do whatever is necessary to implement the order— (a) after the expiration of any compliance period specified in the order; or compliance with any positive direction in the order, and in the (6) Any costs or expenses incurred by the Territory in implementing, or (7) The Magistrates Court may revoke an order under subsection (3) (a)

Division 3A.1 Supplying syringes to approved people

66A Definitions—div 3A.1 approval means an approval under section 66C. approved person means a person who holds a current approval. course of instruction means a course approved under section 66B. health worker means a person who has completed a course of instruction.

66B Courses of instruction (1) The Minister may approve a course about appropriate health counselling and the hygienic distribution, use, collection and disposal of syringes. Note Syringe includes the needle section or the plunger section of a syringe (see dict). (2) An approval is a notifiable instrument.

66C Distribution of syringes—approval (1) A doctor, pharmacist, nurse, midwife or health worker may apply to the chief health officer for approval to supply syringes. (a) be in writing signed by the applicant; and (b) state the applicant’s full name and occupational, business or private address; and (c) set out details of the applicant’s occupation or business; and

Supplying syringes to approved people Division 3A.1 (d) if the applicant is a health worker—set out particulars of the most recent course of instruction that the applicant has completed. (3) If, on an application in accordance with this section, the chief health officer is satisfied that— (a) having regard to— (i) the desirability of preventing the spread of disease; and (ii) the number of approved people; there is a need for an additional person to be approved; and (b) the applicant has attended a course of instruction; and (c) the applicant is a fit and proper person to be approved; the chief health officer must grant an approval to the applicant. (4) An approval must specify— (a) the full name and address of the approved person; and (b) the capacity in which the person is approved; and (c) an identifying number; and (d) the period for which the approval is granted. (5) An approval granted to a health worker may be made subject to the condition that the health worker attend a further course of instruction.

66D Approval—surrender (1) An approved person may surrender the approval by giving written notice of surrender to the chief health officer. (2) The surrender of an approval takes effect on the date the notice of surrender is given, or on a later date that may be specified in the notice for that purpose.

66E Approval—cancellation (1) If the chief health officer believes on reasonable grounds that an approved person— (a) without reasonable excuse, has not attended a course of instruction, if that attendance is a condition to which the person’s approval is subject; or (b) has been convicted of an offence against section 66H and section 66I; or (c) is no longer a fit and proper person to hold an approval; or the chief health officer may cancel that person’s approval. (2) The cancellation of an approval takes effect on the date the notice of cancellation is given under section 131.

66F Approval—duration An approval remains in force, unless sooner cancelled, for 12 months beginning on the date the approval was granted, and may be renewed in accordance with section 66G.

66G Approval—renewal (1) An approved person may, at any time before the end of the term of the approval, apply to the chief health officer for a renewal of the approval. (2) An application for the renewal of an approval must be in writing signed by the approval holder. (3) On application for the renewal of an approval, the chief health officer must renew the approval for a further 12 months, beginning on the day immediately following the day when, apart from its renewal, the approval would have ended.

Supplying syringes to approved people Division 3A.1 (4) A renewal of an approval of a health worker under this section may be made subject to the condition that the health worker attend a further course of instruction.

66H Approval—production to police On request by a police officer, an approved person must not, without reasonable excuse, fail to produce the approval for inspection by the police officer.

66I Approval—lending to another person An approved person must not lend or give the approval to another person for the purpose of assisting the person to supply syringes.

66J Approval—no liability for ancillary offences (1) An approved person who supplies a syringe to another person is not, only because of that supply, taken to commit any offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility) if— (a) the supply is in the course of the professional practice or occupational duties of the approved person; and (b) the approved person has reasonable grounds for believing that— (i) the syringe might be used for the purpose of the administration to the other person of a controlled drug under the Criminal Code, section 600; and (ii) the supply of the syringe might assist in preventing the spread of disease.

(2) A person who prints or publishes a notice, announcement or advertisement in any form about the supply by an approved person of syringes in the circumstances referred to in subsection (1) is not, only because of that printing or publishing, taken to have committed any offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility).

66K Return of approval to chief health officer On ceasing to be an approved person, a person must not, without reasonable excuse, fail to return the approval to the chief health Division 3A.2 Supplying syringes by vending machine

66L Definitions—div 3A.2 approved person means a person who holds a current vending machine approval. vending machine means a machine or device from which syringes can be obtained, including by 1 or more of the following: (a) electronic funds transfer; (b) inserting money, a token or other object. Examples of other objects—par (b) 1 credit card 2 debit card 3 key vending machine approval means an approval under section 66O.

Supplying syringes by vending machine Division 3A.2

66M Application for vending machine approval A person may apply in writing to the chief health officer for approval to supply syringes by way of vending machine.

66N Further information for vending machine approval application (1) The chief health officer may, by written notice given to the applicant, require the applicant to give the chief health officer further stated information or a document that the chief health officer reasonably needs to decide the application. (2) If the applicant fails to comply with a requirement under subsection (1), the chief health officer may refuse to consider the application further.

66O Decision about vending machine approval application (1) The chief health officer must— (a) give the applicant approval to supply syringes by way of vending machine; or (b) refuse to give the approval. (2) In deciding the application, the chief health officer must consider— (a) the public interest, including the desirability of preventing the spread of disease; and (b) the existing availability of syringes. (3) Subsection (2) does not limit the matters that the chief health officer may consider.

(4) A vending machine approval must be given in writing and must state— (a) the full name and address of the person to whom the approval is given; and (b) the period for which the approval is given.

66P Vending machine approval—conditions (1) A vending machine approval is subject to the conditions stated in the approval. (2) The conditions must include requirements relating to— (a) the number of vending machines that may be installed under the approval; and (b) where each machine is to be located; and (c) the syringes that may be supplied from the machines; and (d) maintenance of the machines. (3) The conditions may include any other requirements the chief health officer considers appropriate. Examples of other requirements 1 information to be displayed or available at the machine 2 frequency of inspection 3 keeping of records

Supplying syringes by vending machine Division 3A.2

66Q Vending machine approval—surrender (1) An approved person may surrender the person’s vending machine approval by giving written notice of surrender to the chief health (2) The surrender of an approval takes effect on— (a) the day, and, the time on that day, the notice of surrender is given to the chief health officer; or (b) if a later date of effect is stated in the notice—that date.

66R Vending machine approval—cancellation (1) The chief health officer may cancel a person’s vending machine approval if the chief health officer believes, on reasonable grounds, that the person has contravened a condition of the approval. (2) The cancellation of a vending machine approval takes effect on the day the notice of the cancellation is given under section 131.

66S Vending machine approval—return on surrender or cancellation (1) A person commits an offence if— (a) the person’s vending machine approval is surrendered or cancelled; and (b) the person fails to take all reasonable steps to return the approval to the chief health officer as soon as practicable (but within 7 days) after the day the surrender or cancellation takes effect. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence.

66T Vending machine approval—no liability for ancillary offences (1) An approved person, or someone acting for an approved person, does not commit an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility) only because of something done by the person for the purpose of supplying syringes under a vending machine approval and in accordance with the conditions of the approval. (2) A person who prints or publishes a notice, announcement or advertisement in any form about the supply by people of syringes in the circumstances mentioned in subsection (1) does not, only because of that printing or publishing, commit an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility).

Pharmacies Part 3B

66U Meaning of community pharmacy—pt 3B community pharmacy—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

66V Ownership of pharmacy business (1) A person must not own a pharmacy business unless the person is— (a) a pharmacist; or (b) a complying pharmacy corporation; or (c) a former corporate pharmacist. close relative, of a pharmacist or company pharmacist, means the pharmacist’s— (a) domestic partner; or Note Domestic partner—see the Legislation Act, s 169. (b) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or (c) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or (d) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or (e) uncle, aunt, uncle-in-law or aunt-in-law; or (f) nephew, niece or cousin.

complying pharmacy corporation means a corporation that— (a) has a constitution that provides that— (i) the object of the corporation is to own and control a pharmacy business; and (ii) only an individual who is a pharmacist may be a director; and (iii) a director cannot be a director of another pharmacy corporation without the written consent of the board; and (iv) all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and (v) a shareholder in the corporation must be either a pharmacist or a close relative of a pharmacist shareholder; and (b) has a constitution that ensures that each share in the corporation is beneficially owned by a pharmacist who is a director or employee of the corporation or a close relative of the pharmacist; and (c) for a corporation that is to own and control a pharmacy business as a trustee—is only a party to a trust deed that relates to the corporation’s ownership and control of a pharmacy business if the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and (d) has a constitution that is appropriate to a corporation formed to own and control a pharmacy business.

Pharmacies Part 3B former corporate pharmacist means a corporation that— (a) on 30 June 2010 owned a pharmacy business; and (b) from 30 June 2010— (i) has continuously owned and operated the pharmacy business; and (ii) has only appointed pharmacists as directors of the corporation; and (iii) has only allowed— (A) pharmacists appointed as directors or employed in the corporation (a company pharmacist), or close relatives of a company pharmacist, to become new shareholders of the corporation; and (B) beneficial ownership of shares in the corporation; and (iv) if the corporation practises pharmacy as a trustee—is party to a trust deed that prevents a person who is not a company pharmacist, or close relative of a company pharmacist, becoming a new beneficiary under the deed. medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11. own, for a pharmacy business— (a) includes having a legal or beneficial interest in the pharmacy business; but (b) does not include having an interest in the pharmacy business only because of being the public trustee and guardian or the personal legal representative of a deceased pharmacist. pharmacy business means a business providing pharmacy services at a community pharmacy.

pharmacy services includes— (a) the supply, compounding or dispensing of a medicine; and (b) advice and counselling on the effective use of a medicine.

66W Standard of premises (1) To protect the public, premises where a pharmacist operates a community pharmacy must— (a) be under the direct, personal control of a pharmacist; and (b) have direct access, or through access, to the premises. through access, to premises, means access to the premises through the public area of a shopping centre, mall, plaza or health centre.

66X Restriction on pharmacy premises—supermarkets (1) A person commits an offence if the person operates a community pharmacy inside, or partly inside, premises being used as a supermarket. Maximum penalty: 200 penalty units, imprisonment for 2 years or (2) A pharmacist commits an offence if the pharmacist practises as a pharmacist in a community pharmacy inside, or partly inside, premises being used as a supermarket. Maximum penalty: 200 penalty units, imprisonment for 2 years or supermarket—see the territory plan, dictionary.

67 Offence—insanitary conditions A person commits an offence if the person— (a) causes an insanitary condition; or (b) allows an insanitary condition to exist on, or emanate from, a place occupied by the person.

68 Complaints about insanitary conditions (1) A person may give a written complaint to an authorised officer alleging the existence of an insanitary condition. (2) An authorised officer must investigate a complaint given under (3) If, upon investigation, an authorised officer decides not to issue an abatement notice in relation to the alleged insanitary condition, the officer must give a written notice of that decision to the complainant, informing the complainant in addition about any available methods for settling the matter privately.

69 Abatement notices—issue (1) If an authorised officer has reasonable grounds for believing that an insanitary condition exists, the officer may issue an abatement notice to— (a) the person causing the condition; or (b) if that person cannot be identified—the person who occupies the place at which the condition exists, or from which it emanates.

(2) In determining whether to issue an abatement notice in relation to a condition, state or activity, an authorised officer— (a) must have regard to the number of people affected, or potentially affected, by the condition, state or activity; and (b) must have regard to the degree, or potential degree, of public health risk, damage to public health or offensiveness to community health standards resulting from the condition, state or activity; and (c) may have regard to any reasonable precautions that a person causing the relevant condition, state or activity has or has not taken to avoid or minimise the adverse effect, or the potential adverse effect, of the condition, state or activity; and (d) may have regard to any reasonable precautions that a person adversely affected, or potentially adversely affected, by the relevant condition, state or activity has or has not taken to avoid or minimise the effect, or potential effect, of the condition, state or activity on the person’s health or on the health of any other person for whose care, support or education the person is responsible. (3) An abatement notice— (a) must specify the insanitary condition which is required to be abated; and (b) must specify the period within which the insanitary condition is to be abated; and (c) may specify steps to be taken to prevent the recurrence of the insanitary condition and the period or periods within which they are to be undertaken. (4) An abatement notice continues in force until revoked in accordance with section 72.

70 Abatement notice—extension of compliance period (1) Before the end of a compliance period specified in an abatement notice under section 69 (3) (b) or (c), an authorised officer may extend the period. abatement notice was issued, or on the motion of the authorised officer; and

71 Abatement notice—implementation implement an abatement notice after the expiration of the compliance period specified under section 69 (3) (b) (as extended, if at all, under section 70). (2) An authorised officer must only implement an abatement notice under subsection (1) if the officer has reasonable grounds for believing that it is necessary to do so to avert an imminent and serious risk to public health. (3) For the purpose of implementing an abatement notice under (a) enter a place to which the notice relates at any reasonable time; or

(b) enter a place to which the notice relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry. (4) An authorised officer who enters a place pursuant to subsection (3) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce the officer’s identity card, and, (5) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an abatement notice under this section are a debt due to the Territory by the person to whom the notice was

72 Abatement notice—revocation (1) An authorised officer must revoke an abatement notice if satisfied, after carrying out an appropriate inspection— (a) that the notice has been complied with; and (b) that adequate measures have been taken to prevent the recurrence of the relevant insanitary condition.

to whom it was issued, and any further measures taken to prevent the recurrence of the relevant insanitary condition; and

73 Abatement orders (1) The chief health officer may apply to the Magistrates Court for either of the following orders in relation to a person to whom an abatement notice has been issued: (a) an order that the person— (i) comply with the notice; and (ii) undertake stated action, or cease or refrain from undertaking stated action, to prevent any recurrence of the insanitary condition; (b) if the insanitary condition has been removed but is likely to recur—an order that the person undertake stated action, or cease or refrain from undertaking stated action, to prevent any recurrence of the insanitary condition. the alleged insanitary condition.

relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the abatement notice was issued: (a) that the person comply with the notice within a period specified in the order; (b) that in order to prevent the recurrence of the insanitary condition, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period (i) for an individual (other than a utility)—$5 000; or (ii) for a corporation (other than a utility)—$25 000; or (iii) for a utility who is an individual—$100 000; or (iv) for a utility that is a corporation—$500 000. (b), an authorised officer may, after the expiration of the compliance period specified in the order, using such reasonable force and do whatever is necessary to implement the order.

(6) Subsection (7) applies if— (a) an order is made under subsection (3) (a) or (b) in relation to a person to whom an abatement notice was issued; and (b) within 12 months after the order was made, the insanitary condition recurs. (7) The chief health officer may apply under subsection (1) for another order in relation to the person. (8) Any costs or expenses incurred by the Territory in implementing, or (9) The Magistrates Court may revoke an order under subsection (3) (a)

74 Joint and several responsibility for insanitary conditions (a) an authorised officer has reasonable grounds for believing that an insanitary condition exists; and (b) either— (i) there are reasonable grounds for believing that 2 or more people have caused the condition; or (ii) if the person causing the condition cannot be identified— 2 or more people occupy the place at which the condition exists, or from which the condition originates.

(2) Each person to whom this section applies— (a) may be issued with an abatement notice in relation to the insanitary condition; and (b) may be the subject of a joint abatement order under section 73 in relation to the insanitary condition; and (c) is jointly and severally liable in relation to any such order; and (d) is jointly and severally liable for any costs or expenses referred to in section 73 (8) in relation to the implementation, or the attempted implementation, of any such order.

Preliminary Division 5.1

Division 5.1 Preliminary

75 Definitions for pt 5 connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, or is intended to be used, to commit the offence. occupier, of a place an authorised officer enters under this part, includes a person the officer believes on reasonable grounds to be an occupier of the place. Note The dictionary defines occupier of a place to include an owner, a person in charge or a person authorised to be at the place as an agent of an occupier, owner or person in charge of the place. offence includes— (a) an offence that there are reasonable grounds for believing is being or has been committed; and (b) a contravention of this Act by or on behalf of the Territory that there are reasonable grounds for believing is being or has been committed.

76 Entry (1) Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, the officer may, using such reasonable force and assistance as is necessary— (a) if the officer has reasonable grounds for believing a public health risk activity to be carried on, or a public health risk procedure to be performed, at any place— (i) enter the place at any reasonable time; or (ii) enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81; (b) for any other place—enter the place at any time with the consent of the occupier, or in accordance with a warrant issued under section 80 or section 81. (2) Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, the officer may, using such reasonable force and assistance as is necessary— (a) enter any place at any reasonable time if the officer has reasonable grounds for believing that entry is necessary to deal with a serious public health risk; or (b) enter any place at any time if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require immediate entry to the place without the authority of a warrant. (3) An authorised officer who enters a place pursuant to subsection (1) or (2) is not entitled to remain at the place if, on request by the occupier, the authorised officer does not produce the officer’s identity card, and, unless the authorised officer is the chief health officer, the officer’s authorisation, to the occupier.

77 Consent to entry (1) Before obtaining the consent of a person for the purposes of section 76 (1), an authorised officer must— (a) produce the officer’s identity card; and (b) produce the officer’s authorisation, unless the authorised officer is the chief health officer; and (c) inform that person that they may refuse to give consent. (2) Where an authorised officer obtains the consent of a person for the purposes of section 76 (1), the authorised officer must ask the person to sign a written acknowledgment— (a) of the fact that the person has been informed that the person may refuse to give consent; and (b) of the fact that the person has voluntarily given consent; and (c) of the day on which, and the time at which, that consent was given. (3) Where it is material in any proceedings for a court to be satisfied of the voluntary consent of a person for the purposes of section 76 (1) and an acknowledgment, in accordance with subsection (2) of this section, signed by the person is not produced in evidence, the court must assume, unless the contrary is proved, that the person did not voluntarily give such consent.

78 Powers upon entry Subject to this Act, where an authorised officer enters any place in accordance with this Act, the officer may, if they consider it to be necessary or desirable for the purposes of this Act— (a) inspect, examine, take measurements in relation to, or conduct tests concerning, the place or any system of work, plant, substance or thing at the place; and

(b) inspect and test, or remove for testing, any container, equipment or appliance at the place; and (c) inspect and test, or remove for testing, any material or substance; and (d) open or require a person to open any container or package, and examine the container or package; and (e) take photographs or make video or sound recordings or films; and (f) seize anything (including records, documents, packaging material, labels or labelling material and material used in connection with advertising) that the authorised officer has reasonable grounds for believing to be connected with an offence against this Act; and (g) require the occupier to make available to the authorised officer any record, document, labelling or advertising material; and (h) where information required for the purposes of the inspection is stored on computer or other electronic equipment—require the occupier to produce the information in a visible or audible form; and (i) inspect, make copies of and take extracts from any record, document or information, being information referred to in paragraph (h); and (j) require the occupier to provide information or answer questions reasonably related to the effect of the use of the place on public health; and (k) require the occupier to render such assistance to the authorised officer as is necessary and reasonable to enable the authorised officer to exercise their powers under this section; and

(l) stop, detain and inspect any vehicle, vessel or aircraft that the authorised officer has reasonable grounds for believing to have in or upon it anything connected with an offence against this Act. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

79 Power to require name and address (1) An authorised officer may require a person to state the person’s name and address where the officer— (a) finds a person committing an offence against this Act; or (b) has reasonable grounds for believing that a person has committed an offence against this Act. (2) In exercising a power under subsection (1), an authorised officer must— (a) inform the person of the reasons for the requirement; and (b) as soon as practicable thereafter, record those reasons. (3) A person is not required to comply with a requirement under subsection (2) if, on request by the person, the authorised officer does not produce the officer’s identity card and, unless the authorised officer is the chief health officer, the officer’s authorisation. (4) Subject to this section, a person must not, without reasonable excuse, fail to comply with a requirement under subsection (1). Maximum penalty (subsection (4)): 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

80 Search warrants (1) Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, at any place, a thing of a particular kind connected with a particular offence against this Act and the information sets out those grounds, the magistrate may issue a search warrant authorising an authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable— (a) to enter the place; and (b) to search the place for things of that kind; and (c) to exercise any of the powers referred to in section 78 in relation to such a thing. (2) A magistrate must not issue a warrant under subsection (1) unless— (a) the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (3) A warrant must— (a) state the purpose for which it is issued; and (b) specify the nature of the offence in relation to which the entry, search and exercise of the powers under section 78 are authorised; and (c) specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (d) include a description of the kinds of things in relation to which the powers under section 78 may be exercised; and

(e) specify a day, not being later than 1 month after the date of issue of the warrant, on which the warrant is to cease to have effect.

81 Warrants by telephone or other electronic means (1) An authorised officer may make an application to a magistrate for a warrant by telephone, fax or other electronic means— (a) in an urgent case; or (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant. (2) The magistrate may require communication by voice to the extent that is practicable in the circumstances. (3) An application under this section must include all information required to be provided in an application for a warrant under section 80, but the application may, if necessary, be made before the information is sworn. (4) If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate required, is satisfied that— (a) a warrant in the terms of the application should be issued urgently; or (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant; the magistrate may complete and sign the same form of warrant that would be issued under section 80. (5) If the magistrate decides to issue the warrant, the magistrate must inform the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

(6) The applicant must then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed. (7) The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn. (8) The magistrate must attach to the documents provided under subsection (7) the form of warrant completed by the magistrate. (9) If— (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and (b) the form of warrant signed by the magistrate is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

84 Seizure notices (1) An authorised officer who seizes anything under this part must, as soon as practicable, give a seizure notice to— (a) the owner of the thing seized; or (b) if the owner is not present or readily available—the person who had possession, custody or control of the thing immediately before its seizure.

(2) A seizure notice must specify— (a) the thing seized, including the relevant quantity (if applicable); and (b) the date and place of seizure; and (c) the location of the thing seized; and (d) the reasons for the seizure; and (e) the procedure provided for by this Act for obtaining relief against the seizure; and (f) the name, address and telephone number of an authorised officer who may be contacted in relation to the seizure.

85 Detention of things at place of seizure (1) Anything seized by an authorised officer under this part may, at the option of the officer, be detained at the place where it was found and for that purpose it may— (a) be placed in a room, compartment, cabinet or an enclosed area; and (b) be secured against interference; and (c) be identified in a manner that makes it clear that the thing has been seized for the purposes of this Act. (2) Where, in accordance with subsection (1), a thing has been detained at a place, the authorised officer responsible must, as soon as practicable, give the occupier of the place a notice in writing specifying— (a) the thing detained, including the relevant quantity (if applicable); and (b) the manner and circumstances in which the thing has been detained; and

(c) the expected period of such detention; and (d) the liability of the occupier in respect of an offence under section 86 (2); and (e) the name, address and telephone number of an authorised officer who may be contacted in relation to the detention.

86 Interference with seized things (1) Where an authorised officer has seized a thing under this part and detained it at a place pursuant to section 85, a person must not, without the permission of the officer, remove, break, open or interfere with the thing. (2) Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the place where the offence was committed commits an offence. (3) It is a defence to a prosecution for breach of subsection (2) if the defendant establishes that the defendant— (a) had taken all reasonable steps to prevent the breach of subsection (1); or (b) had reasonable grounds for believing that another person had taken, or would take, all reasonable steps to prevent that breach.

87 Access to seized records Where a record or document is seized under this part, the authorised officer must permit the person otherwise entitled to possession of it, or the person’s agent, to inspect, make copies of or take extracts from the record or document.

88 Return of seized things (1) This section applies where, after a thing has been seized under this part— (a) at the expiration of the period of 3 months after the seizure of the thing, no proceedings have been commenced in relation to any alleged offence against this Act in respect of the thing; or (b) if such proceedings were commenced within that period—the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or (c) the Minister becomes satisfied at any time that no contravention of this Act has been committed in respect of the thing. (2) Where this section applies, and the thing seized has not been destroyed or disposed of in a manner that would prevent its being dealt with under this subsection, the Minister must cause the thing to be delivered to— (a) the person from whom it was seized; or (b) any other person the Minister believes to be entitled to it. (3) Where anything is delivered under subsection (2) after being forfeited to the Territory under section 90, the forfeiture is not to be taken to have affected any proprietary or any other interests in the thing existing before the forfeiture.

89 Court orders for relief against seizure (1) A person claiming to be entitled to anything seized under this part may apply to a court of competent jurisdiction for an order disallowing the seizure within 10 days after the seizure. (2) An application under subsection (1) must be made in accordance with the relevant rules of court and must not be heard unless the applicant has served a copy of the application on the authorised officer responsible for the relevant seizure. (3) The authorised officer responsible for the relevant seizure is entitled to appear as respondent at the hearing of an application. (4) If, on the hearing of an application, it appears to the court that the thing seized is required to be produced in evidence in any pending proceedings in connection with an offence against this Act, the court may, on the application of the respondent, or on its own initiative, adjourn the hearing until the conclusion of those proceedings. (5) On the hearing of an application, the court may make an order disallowing the seizure— (a) if— (i) it is proved that the applicant would, but for the seizure, be entitled to the return of the thing seized; and (ii) it is not proved beyond reasonable doubt that an offence was being or had been, at the time of the seizure, committed, being an offence with which the thing is connected; or (b) if there are exceptional circumstances justifying the making of an order disallowing the seizure.

(6) If the court makes an order disallowing a seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the respondent to cause the thing to be delivered to the applicant or to such other person as appears to the court to be entitled to it; (b) if the thing cannot for any reason be so delivered or the thing has in consequence of the seizure depreciated in value—an order directing the Territory to pay to the applicant just and reasonable compensation; (c) if the applicant has sustained financial loss by reason of the seizure—an order directing the Territory to pay the applicant just and reasonable compensation;

90 Forfeiture (a) anything seized under this part has not been dealt with in accordance with section 88 (2); and (b) an application for disallowance of the seizure under section 89 (1)— (i) has not been made within 10 days after seizure; or (ii) has been made within that period, but the application has been refused or has been withdrawn before a decision in respect of the application had been made. (2) Where this section applies to a thing— (a) the thing is forfeited to the Territory; and (b) the thing may be destroyed, sold or otherwise disposed of in accordance with the Minister’s general or specific direction.

91 Cost of destruction or disposal of things forfeited (a) a person is convicted of an offence against this Act in respect of anything forfeited to the Territory under this part; and (b) that person was the owner of the thing immediately before it was forfeited. (2) Where this section applies, any cost incurred by or on behalf of the Territory in connection with the lawful destruction or disposal of the thing is a debt due to the Territory by that person. (3) Where a debt under subsection (2) is due by 2 or more people, the liability of those people is joint and several.

92 Destruction of contaminated items An authorised officer may, despite any provision to the contrary in this part, cause a thing that has been seized under this part to be destroyed if the officer has reasonable grounds for believing that the thing is so contaminated, or the condition of the thing is such, that its continued use would give rise to a serious public health risk.

93 Analyst’s power of entry (1) An analyst may accompany an authorised officer who has entered a place under this Act in order to conduct such tests as are necessary to determine whether a contravention of this Act has occurred. Note For evidentiary certificates by analysts, see s 135A.

Analysis Division 5.4 (2) A person must not, without reasonable excuse, obstruct or hinder an analyst in the exercise of the analyst’s powers under subsection (1). (3) An analyst who enters a place under subsection (1) is not authorised to remain at the place if, on request by the occupier, the analyst does not produce the analyst’s identity card.

94 Notice of taking of sample Where an authorised officer takes a sample under this part with the intention that it be submitted for analysis, the officer must, before or as soon as practicable after taking the sample, give notice of the officer’s intention to have the sample analysed to— (a) the owner of the matter comprised in the sample; or (b) if the owner is not present or readily available— (i) if the sample is associated with the carrying on of a public health risk activity, or the performance of a public health risk procedure—the person carrying on the activity, or performing the procedure, or another person acting with the authority of either of those people; or (ii) the person from whom the sample was taken or the occupier of the place from which the sample was taken.

97 Time limit for certain prosecutions Where a sample has been taken under this part for the purpose of analysis, no prosecution for an offence against this Act in relation to which the sample is evidence may be commenced after the expiration of the period of 6 months after the sample was taken.

98 Prohibited use of analysis A person must not use for trade or advertising purposes the results of an analysis made for the purposes of this Act.

Preliminary Division 6.1

Part 6 Notifiable conditions and public health hazards

99 Principles—notifiable conditions This part shall be construed and administered in accordance with the following principles: (a) the investigation of notifiable conditions, and any actions taken as a consequence, must be carried out in order to minimise the adverse public health effects of such conditions; (b) a person who engages in activities that are known to carry a potential risk of exposure to a transmissible notifiable condition, and any person responsible for the care, support or education of such a person, has the following responsibilities: (i) to take all reasonable precautions to avoid the contracting of the condition by the person who engages in such activities; (ii) if there are reasonable grounds for believing that the person who engages in such activities has been exposed to the condition—to ascertain whether the condition has been contracted, and what precautions should reasonably be taken to avoid exposing others to the condition; (iii) if there are reasonable grounds for believing that the person who engages in such activities has contracted, or is likely to have contracted the condition—to comply with preventative measures or treatment that will minimise the risk to others of exposure to the condition;

(iv) if there are reasonable grounds for believing that the person who engages in such activities has contracted, or is likely to have contracted the condition—to take reasonable measures to ensure that others are not unknowingly placed at risk through any action or inaction of the person or any person responsible for the care, support or education of the person; (c) a person who has, or may have, a notifiable condition, or who engages in activities that are known to carry a potential risk of exposure to a notifiable condition, must be accorded the following rights, to the extent that their exercise does not conflict with the requirements of this part and does not infringe unduly on the wellbeing of others: (i) the right to privacy; (ii) the right to receive all reasonably available information about the medical and social consequences of the condition and any proposed treatment.

100 Notifiable conditions—Ministerial determination (1) The Minister may determine— (a) a disease or medical condition to be a notifiable condition; and (b) a disease referred to in paragraph (a) to be a transmissible notifiable condition. (2) However, the Minister must not make a determination under subsection (1) unless the Minister believes, on reasonable grounds, that the determination is necessary to protect public health.

Preliminary Division 6.1 (4) A determination under subsection (1) is a disallowable instrument.

101 Notifiable conditions—temporary status (1) The chief health officer may declare— (a) a disease or medical condition to be a notifiable condition; and (b) a disease mentioned in paragraph (a) or section 100 (1) (a) to be a transmissible notifiable condition. (2) However, the chief health officer must not make a declaration under subsection (1) unless the chief health officer believes, on reasonable grounds, that the declaration is necessary to protect public health. (3) A declaration under subsection (1)— (a) commences— (i) on the day after its notification day; or (ii) if a later commencement day is stated in the declaration— on the day stated; and (b) remains in force— (i) for a stated period of not longer than 6 months; or (ii) if no period is stated in the declaration—for 6 months beginning on its notification day. (4) A declaration under subsection (1) is a disallowable instrument.

102 Notification by doctors and nurse practitioners (1) If a doctor or nurse practitioner has reasonable grounds to believe that a patient has, or may have, a notifiable condition, the doctor or nurse practitioner must— (a) give the patient information about— (i) the transmission of the condition and how to prevent the transmission of the condition to others; and (ii) anything determined by the chief health officer; and (b) advise the patient of the patient’s rights under section 99 (c); and (c) if the patient agrees, make reasonable arrangements for the patient to receive counselling in accordance with any applicable code of practice; and (d) ask the patient to give the doctor or nurse practitioner information for the purpose of complying with section 102A (Doctors and nurse practitioners—failure to notify). (2) A determination under subsection (1) (a) (ii) is a notifiable instrument. (3) Subsection (1) does not apply if the doctor or nurse practitioner proves that they had reasonable grounds to believe that the patient had been given the information mentioned in subsection (1) (a) by another doctor or nurse practitioner. (4) If a doctor or nurse practitioner fails to comply with subsection (1) in relation to a patient— (a) the failure is taken to be unprofessional conduct for the Health Practitioner Regulation National Law (ACT); and

(b) the patient may make a voluntary notification about the failure to the national agency under the Health Practitioner Regulation National Law (ACT).

102A Doctors and nurse practitioners—failure to notify (1) A doctor or nurse practitioner commits an offence if— (a) the doctor or nurse practitioner has reasonable grounds to believe that a patient has, or may have, a notifiable condition; and (b) the doctor or nurse practitioner fails to notify the chief health officer, in accordance with the applicable code of practice, about the patient’s notifiable condition as soon as practicable. (2) A doctor commits an offence if— (a) the doctor has reasonable grounds to believe that a dead person had, or may have had, a notifiable condition at the time of death; and (b) the person was a patient of the doctor immediately before death, or was examined by the doctor after death; and (c) the doctor fails to notify the chief health officer, in accordance with the applicable code of practice, about the person’s notifiable condition as soon as practicable. (3) An offence against this section is a strict liability offence. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the doctor or nurse practitioner proves that they believed on reasonable grounds that the chief health officer had already been told about the notifiable condition of the patient or dead person.

103 Pathologists (a) a pathologist has tested a specimen taken from a person for any purpose; and (b) either— (i) the pathologist carried out the test in the Territory; or (ii) the person from whom the specimen was taken is resident in the Territory; and (c) the result of the test indicates that the person has, or may have, a notifiable condition. (2) Where this section applies, the following people must notify the chief health officer that the person whose specimen was tested has or may have a notifiable condition: (a) the pathologist; (b) if the pathologist is employed in a laboratory at a hospital—the person in charge of the laboratory; (c) if the pathologist carried out the test in the course of the pathologist’s employment other than at a hospital—the pathologist’s employer. (3) A notification under this section must be in accordance with the (4) A person must not, without reasonable excuse, fail to comply with subsection (2). Maximum penalty (subsection (4)): 5 penalty units, imprisonment for 6 months or both.

104 Hospitals (1) The person in charge of a hospital must notify the chief health officer of any in-patient at the hospital who has or may have a notifiable condition. (2) A notification under this section must be in accordance with the

105 Notification by responsible people (1) A counsellor must notify the chief health officer of a person the counsellor has counselled if the counsellor believes, on reasonable grounds, that the person has, or may have, a notifiable condition. (2) A person who is responsible for the care, support or education of someone else must notify the chief health officer of the person if the first person believes, on reasonable grounds, that the other person has, or may have, a notifiable condition. (3) A notification under this section must be in accordance with the

106 Notification by affected person—notifiable conditions (1) This section applies if an authorised officer has reasonable grounds for believing that a person has a notifiable condition. (2) The authorised officer may request the person concerned to provide any of the following information to the officer: (a) the person’s name and address; (b) information about circumstances under which the person may have acquired, or been exposed to, the condition;

(c) in the case of a transmissible notifiable condition— (i) information about circumstances under which the person may have transmitted the condition; and (ii) the name and address, or the name and whereabouts, of any person the authorised officer has reasonable grounds for believing to be a contact of the person’s. (3) Before requesting information from a person under subsection (2), an authorised officer must inform the person of the reason for the request. (4) Upon request by a person who is the subject of a request by an authorised officer under subsection (2), the authorised officer must produce the officer’s identity card and, unless the authorised officer is the chief health officer, the officer’s authorisation. (5) A person must comply with a request made by an authorised officer under subsection (2), unless— (a) the authorised officer fails to comply with this section; or (b) the person has any other reasonable excuse for failing to comply with the request. (6) As soon as possible after making a request under subsection (2), an authorised officer must make a written record of the grounds for the officer’s belief that the person concerned has a notifiable condition.

107 Unauthorised assertions (1) A person must not make an assertion to a contact of a third person that the third person has a transmissible notifiable condition without the consent of the third person, unless authorised to do so under this Act.

(2) This section applies in relation to a person asserted to have a transmissible notifiable condition irrespective of the truth of the assertion. contact, in relation to a person asserted to have a transmissible notifiable condition, means a person who would be a contact of the other person if the other person had that condition.

108 Authorised notification of contacts (1) This section applies if— (a) a responsible person requests a person with a transmissible notifiable condition— (i) to inform a contact of the contact’s potential exposure to the notifiable condition; or (ii) to give permission to the responsible person to do so; and (b) the person with the condition refuses that request. (2) The responsible person may inform the chief health officer of the contact’s potential exposure to that condition. (3) Upon being informed under subsection (2), the chief health officer may take reasonable steps to ensure that the contact is informed of the contact’s potential exposure to the transmissible notifiable condition, having regard to— (a) the degree of risk of the contact’s having contracted, or contracting, the condition; and (b) the possibility of causing undue anxiety to the person with the condition or to the contact; and (c) any other relevant circumstances.

(4) The steps that the chief health officer may take under subsection (3) to ensure that a contact is informed of the contact’s potential exposure to a transmissible notifiable condition include giving written authority to inform the contact to— (a) a doctor or nurse practitioner; or (b) a counsellor whom the chief health officer has reasonable grounds for considering to be suitably qualified and experienced for the purpose. (5) If a responsible person is authorised under this section to notify the chief health officer or a contact about the contact’s potential exposure to a transmissible notifiable condition, that authority operates despite any duty of confidentiality the responsible person may owe to the person with the condition. contact, in relation to a person with a transmissible notifiable condition, means a person who a responsible person in relation to the person has reasonable grounds for believing to be a contact of the person’s.

109 Use of notified information (1) Information acquired by the Territory as a result of notification under this division may be used for the following purposes: (a) the prevention and control of notifiable conditions in the Territory and elsewhere; (b) the prevention and control of risks to public health generally in the Territory and elsewhere; (c) research related to public health in the Territory and elsewhere. (2) Information must only be used under subsection (1) in accordance with the principles set out in section 99 and the objectives set out in section 4.

110 Disclosure of information—person with notifiable condition (1) A person must not, without good reason, disclose information notified under this division in such a manner that the person to whom the notification relates who has, or who may have, the relevant notifiable condition is reasonably able to be identified, unless— (a) the disclosure is for the purposes of this Act or another law of the Territory, the Commonwealth, a State or another Territory, or is authorised under a code of practice; or (b) the person to whom the notification relates consents in writing to such disclosure. (2) Upon a person’s written request, the chief health officer must disclose to the person any information notified under this division that relates to that person alone.

111 Disclosure of information that identifies doctor etc (1) A person commits an offence if the person— (a) intentionally discloses information notified under this division; and (b) is reckless about whether the person who made the notification, or the pathology laboratory or hospital to which the notification relates, is reasonably able to be identified from the information. (2) Subsection (1) does not apply if— (a) the person who made the notification, or the person in charge of the pathology laboratory or hospital, consents in writing to the disclosure; or

(b) the person has a reasonable excuse for the disclosure. person who made the notification means the doctor, nurse practitioner, pathologist or responsible person who made the notification. responsible person means a counsellor mentioned in section 105 (1) (Notification by responsible people) or person mentioned in section 105 (2) who is responsible for the care, support or education of someone else.

112 Notification of public health hazards (1) A person must not, without reasonable excuse, fail to notify the chief health officer of the presence or occurrence, at a place occupied by the person, in any food, water or air or elsewhere in the environment, of any substance or matter that the person has reasonable grounds for believing to constitute a significant public health hazard. substance or matter includes— (a) a contaminant; and (b) an organism that causes, or that may cause, a notifiable condition; and (c) any other human pathogenic organism.

113 Public health directions—issue (1) If the chief health officer has reasonable grounds for believing that it is necessary to prevent or alleviate a significant public health hazard, the chief health officer may issue 1 or more of the following directions to a person for that purpose: (a) a direction requiring a person to refrain from behaviour, or an activity, that significantly contributes, or that could so contribute, to the hazard; (b) a direction requiring a person to cease performing work of a particular kind, or to cease working at a particular place, while such work significantly contributes, or could so contribute, to the hazard; (c) a direction requiring a person who has a transmissible notifiable condition to undergo a medical examination; (d) a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to undergo specified counselling; (e) a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to be confined to a particular place for a specified period, being the least restrictive confinement appropriate to the person’s medical condition; (f) a direction requiring a person not to enter, or not to remain in, a particular place for a specified period; (g) a direction requiring a person to cease using a particular piece of equipment; (h) a direction requiring a person to clean and decontaminate a particular place;

(i) a direction requiring a person to undertake, or to refrain from undertaking, any other action, where the chief health officer has reasonable grounds for believing the requirement to be necessary for the purposes of preventing or alleviating the hazard; (j) a direction requiring a person to take whatever action is necessary to ensure that another person for whose care, support or education the person is responsible complies with a specified requirement or requirements referred to elsewhere in this subsection. (2) In subsection (1), a reference to a person who has a transmissible notifiable condition, or to a contact of such a person, is to be taken to be a reference to a person who the chief health officer has reasonable grounds for believing to have such a condition, or to be such a contact. (3) A direction under subsection (1)— (a) must be in writing signed by the chief health officer; and (b) may include conditions about the period within which, or the manner in which, the direction is to be complied with; and (c) must state the public health hazard to be prevented or alleviated, and any other reason for issuing the direction; and (d) must include a statement to the effect that failure to comply with the direction might result in either or both of the following: (i) action being taken by an authorised officer to implement the direction; (ii) a court order being made to enforce the direction. (4) In making a decision under subsection (1), the chief health officer must have regard to the following matters: (a) the number of people potentially affected by the public health hazard;

(b) the degree to which the public health hazard would affect individuals and the community; (c) the availability of other control measures. (5) The chief health officer must undertake the minimum action necessary under subsection (1) to prevent or alleviate the relevant public health hazard.

114 Public health directions—notice to doctor or nurse practitioner (1) This section applies if the chief health officer gives a public health direction about a person for reasons including the chief health officer’s belief that the person has a disease or notifiable condition. (2) The chief health officer must give written notice of the direction to any doctor or nurse practitioner professionally attending the person at the time of the direction.

115 Public health directions—extension of compliance period (1) Before the end of a compliance period specified in a public health direction under section 113 (3) (b), an authorised officer may extend the period. public health direction was issued, or on the motion of the authorised officer; and (b) must be in writing given to the person to whom the direction was

115A Public health direction—confinement (1) This section applies if the chief health officer gives a public health direction under section 113 (1) (e) requiring a person who has a transmissible notifiable condition, or a contact of the person, (the confined person) to be confined to a stated place for a stated period. (2) The chief health officer must review the public health direction not later than 48 hours after the confined person was first confined under the direction.

116 Public health direction—implementation implement a public health direction— (a) after the expiration of any compliance period specified under section 113 (3) (b) (as extended, if at all, under section 115); or the officer has reasonable grounds for considering to be sufficient for compliance with any positive direction in the direction, and in the interests of public health. (2) An authorised officer must only implement a public health direction under subsection (1) if the officer has reasonable grounds for believing that it is necessary to do so to avert an imminent and serious risk to public health. (3) For the purpose of implementing a public health direction under (a) enter a place to which the direction relates at any reasonable time; or

(b) enter a place to which the direction relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry. (4) An authorised officer who enters a place pursuant to subsection (3) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce the officer’s identity card, and, (5) Any costs or expenses incurred by the Territory in implementing, or attempting to implement, a public health direction under this section are a debt due to the Territory by the person to whom the direction was issued.

117 Public health directions—revocation (1) An authorised officer must revoke a public health direction if satisfied, after carrying out an appropriate inspection— (a) that the direction has been complied with; and (b) that adequate measures have been taken to prevent or alleviate the relevant public health hazard. direction was issued, or on the motion of the authorised officer; and (b) must be in writing given to the person to whom the direction was (b) be addressed to the authorised officer who issued the direction; and

(c) specify the action taken to comply with the direction by the person to whom it was issued, and any further measures taken to prevent or alleviate the relevant public health hazard; and

118 Public health orders (1) The chief health officer may apply to the Magistrates Court for an order that a person to whom a public health direction has been issued comply with the direction. the alleged public health hazard. relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the public health direction was issued: (a) that the person comply with the direction within a period (if any) (b) that in order to prevent or alleviate the relevant public health hazard, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period (if any) specified in the order; (i) for a person (other than a utility)—$5 000; or

(ii) for a corporation (other than a utility)—$25 000; or (iii) for a utility who is an individual—$100 000; or (iv) for a utility that is a corporation—$500 000. (d) an order giving directions about the payment of all or any of the costs and expenses of the application. (b), an authorised officer may, using such reasonable force and do whatever is necessary to implement the order— (a) after the expiration of any compliance period specified in the order; or compliance with any positive direction in the order, and in the (6) Any costs or expenses incurred by the Territory in implementing, or (7) The Magistrates Court may revoke an order under subsection (3) (a)

118A Public health alerts (1) This section applies if the chief health officer considers it necessary to take action under this section— (a) to protect the public from a public health risk; or (b) to provide a rapid response to a public health risk. (2) The chief health officer may prepare a written notice (the public health alert) about the risk and precautions that may be taken by the public to deal with the risk. (3) The public health alert is a notifiable instrument. (4) The chief health officer may also publish the public health alert in other ways.

Drinking water Division 6B.1

Part 6B Drinking water and sewage processing

118B Definitions for div 6B.1 processing, of drinking water, means collecting, treating, distributing or supplying drinking water. water distributor—see the Utilities Act 2000, section 83 (4). water supplier—see the Utilities Act 2000, dictionary. water utility means a water distributor or a water supplier.

118C Relationship with other provisions of this Act This part does not prevent the application of any other provision of this Act as it relates to the processing of drinking water by a water utility.

118D Water processing health risk—public warning by utility (1) This section applies if a water utility has reasonable grounds for believing that an imminent serious risk to public health is likely to arise because of the processing of drinking water by it. (2) The water utility must— (a) tell the chief health officer as soon as possible about the risk; and (b) prepare a written notice (the public risk notice) alerting the public to the risk; and (c) notify the public risk notice under the Legislation Act 2001.

(3) The public risk notice is a notifiable instrument. (4) The water utility must— (a) give additional public notice of the public risk notice; and (b) take all other reasonable measures to alert the public to the risk. requirement in s (4) (a) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

118E Misleading information about water processing (1) If the chief health officer has reasonable grounds for believing that a water utility has published misleading information to the public or to a section of the public about the processing of drinking water by the utility, the chief health officer may, by written notice to the utility, direct the utility to correct the information in the manner stated in the direction. (2) The direction may include a requirement that the utility publish the correction in a stated manner, in a stated medium (or media) and within a stated period. (3) The utility must comply with the direction.

Sewage Division 6B.2

118F Provision of water processing information to chief health officer (1) For this Act, the chief health officer may, by written notice to a water utility, require the utility to give the chief health officer information, within the period stated in the notice, about the processing of drinking water by the utility. (2) The utility must comply with the requirement. Maximum penalty: 500 penalty units.

118G Contaminated drinking water provided by water utility (1) A water utility must not, without lawful authority, knowingly or recklessly contaminate water used, or for use, as drinking water by people or animals. (2) A water utility that contravenes subsection (1) commits a separate offence for each day during any part of which the contamination continues.

118H Definitions for div 6B.2 processing, of sewage, means conveying sewage from premises or collecting, treating or disposing of sewage. sewerage utility—see the Utilities Act 2000, dictionary.

118I Relationship with other provisions of this Act This part does not prevent the application of any other provision of this Act as it relates to the processing of sewage by a sewerage utility.

118J Sewage processing health risk—public warning by utility (1) This section applies if a sewerage utility has reasonable grounds for believing that an imminent serious risk to public health is likely to arise because of the processing of sewage by it. (2) The sewerage utility must— (a) tell the chief health officer as soon as possible about the risk; and (b) prepare a written notice (the public risk notice) alerting the public to the risk; and (c) notify the public risk notice under the Legislation Act 2001. (3) The public risk notice is a notifiable instrument. (4) The sewerage utility must— (a) give additional public notice of the public risk notice; and (b) take all other reasonable measures to alert the public to the risk. requirement in s (4) (a) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

118K Misleading information about sewage processing (1) If the chief health officer has reasonable grounds for believing that a sewerage utility has published misleading information to the public or to a section of the public about the processing of sewage by the utility, the chief health officer may, by written notice to the utility, direct the utility to correct the information, in the manner stated in the direction.

Sewage Division 6B.2 (2) The direction may include a requirement that the utility publish the correction in a stated manner, in a stated medium (or media) and within a stated period. (3) The utility must comply with the direction.

118L Provision of sewage processing information to chief health officer (1) For this Act, the chief health officer may, by written notice to a sewerage utility, require the utility to give the chief health officer information, within the period stated in the notice, about the processing of sewage by the utility. (2) The utility must comply with the requirement. Maximum penalty: 500 penalty units.

119 Emergency declarations (1) The Minister may declare a public health emergency if satisfied that it is justified in the circumstances. (2) An emergency declaration must specify— (a) the nature of the emergency; and (b) any area to which it relates; and (c) the period during which the declaration is to remain in force. (3) An emergency declaration comes into force immediately after it is made, or at any later time stated in the declaration, and remains in force for the period stated in the declaration which must be not longer than 5 days. (4) The Minister may extend or further extend the period during which an emergency declaration is to remain in force by a period of up to 2 days. (5) A declaration under subsection (1) and an extension under subsection (4) are notifiable instruments. (6) The Minister must give additional public notice of an emergency declaration, and any extension of the period of a declaration, as soon as practicable after it is made. requirement in s (6) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

120 Emergency actions and directions (1) While an emergency declaration is in force, the chief health officer may take any action, or give any direction, the chief health officer considers to be necessary or desirable to alleviate the emergency specified in the declaration, including actions or directions in relation to any of the following: (a) the reduction, removal or destruction of any threat to public health; (b) the segregation or isolation of any person in an area; (c) the evacuation of any person from an area; (d) the prevention or permission of access to an area; (e) the control of the movement of any vehicle; (f) the occupier of property, in or near any area to which the emergency relates, placing the property under the control, or at the disposal, of the chief health officer. (2) For the purposes of subsection (1), the directions the chief health officer may give to a person include the following: (a) that the person undergo a medical examination, either of a general nature or of a particular type, as specified in the direction, within a specified time; (b) that the person immediately or within a specified time move away from or to a specified area, or remain in a specified area for a specified time, while the emergency remains in force; (c) that the person immediately or within a specified time surrender any substance or thing in the person’s possession or control to an authorised person within the meaning of section 121; (d) that the person immediately or within a specified time destroy, or modify in a specified manner, a thing or substance in the person’s possession or control;

(e) that the person take any other specified action, or cease undertaking any specified action, if the chief health officer considers such action or cessation to be necessary or desirable. (3) A direction given for the purposes of subsection (1) takes effect immediately after it is given, unless otherwise directed. (4) A person must not, without reasonable excuse, fail to comply with a direction under this section. (5) A direction for the purposes of subsection (1) (other than subsection (1) (f)) may be given orally or in writing. (6) A direction for the purposes of subsection (1) (f) must be given in writing. (7) The chief health officer must make a signed written record of all action taken, and of each direction given, for the purposes of (8) In the prosecution of a person under subsection (4) for the failure of the person to comply with a direction, a record of the direction made by the chief health officer under subsection (7) is evidence that the direction was given, of the matters referred to in the record and of the facts on which those matters were based.

121 Emergency powers (1) While an emergency declaration is in force, an authorised person may, for the purposes of section 120, using such reasonable force and assistance as is necessary— (a) enter, using such reasonable force and assistance as is necessary, any place to— (i) save any person’s life; or

(ii) prevent injury to any person; or (iii) rescue any endangered person; or (b) prevent access to any place; or (c) close to pedestrian or vehicular traffic any roadway, path or any other thoroughfare; or (d) remove from a place any person obstructing the authorised person in the exercise of a power under this section. (2) The chief health officer may, by writing, authorise a person, or a person of a specified class, for the purposes of this section. (3) An authorised person who enters a place pursuant to subsection (1) is not entitled to remain in that place if, on request by the occupier, the person does not produce— (a) in the case of the chief health officer—the chief health officer’s identity card; or (b) for a public health officer—the officer’s authorisation under section 12A (1) and identity card; or (c) for a member of the ambulance service—the identity card issued to the member under the Emergencies Act 2004; or (d) in the case of a police officer—proof of identification of a kind approved for general purposes by the chief police officer; or (e) in the case of a person authorised under subsection (2) of this section—the authorisation, or, in the case of a class authorisation, a copy of the authorisation. authorised person means— (a) the chief health officer; or (b) a public health officer authorised for the purpose under section 12A (1); or

(c) a member of the ambulance service; or (d) a police officer; or (e) a person authorised under subsection (2).

122 Compensation (1) An eligible person may apply to the Minister for compensation in relation to any loss or damage suffered by a person as a result of anything done in the exercise of a function under this part, being a function exercised while an emergency declaration was in force. (2) Compensation is payable by the Territory to an eligible person in an amount the Minister considers appropriate, having regard to the loss or damage suffered by the person. (3) Compensation is not payable to an eligible person— (a) in relation to any loss or damage suffered because of the action or inaction of the person who suffered the loss or damage; or (b) in relation to any loss or damage that caused or contributed to the public health emergency; or (c) in relation to any loss or damage suffered as a result of anything done in the exercise of a function under this part in relation to a COVID-19 emergency declaration while the declaration was in force, except anything done in relation to a direction given under section 120 (1) (f). eligible person, in relation to loss or damage mentioned in subsection (1), means— (a) the person who suffered the loss or damage; or (b) if the damage suffered by a person mentioned in paragraph (a) results in the person’s death—a member of the dead person’s family who has suffered loss or damage because of the death.

member, of a dead person’s family—see the Civil Law (Wrongs) Act 2002, section 23.