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Public Health Act 1997
6Construction consistent with certain other laws
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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