VICIn ForceAct
Public Health and Wellbeing Act 2008
165DApplication to be made before certain enforcement related events 246
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165D Application to be made before certain enforcement related events 246
165DA Verification of information supplied in application 247
165DB Suspension of enforcement action for infringement offence the subject of application 247
165DC Determination of eligible person and infringement penalty reduction 248
165DD Director must give notice if applicant is an eligible person 249
165DE Director must give notice if applicant is not an eligible person 250
Part 9—Authorised officers 252
Division 1—General 252
166 Production of identity card 252
167 Power to request information 252
Division 2—Powers of entry 253
168 Power to enter—risk to public health 253
169 Power to enter—monitoring compliance or investigating 254
170 Issue of search warrants 255
Division 3—Procedure for entry 257
171 Announcement before exercising power of entry 257
172 Notice if power of entry exercised without owner or occupier being present 257
173 Announcement before entry on warrant 258
174 Copy of warrant to be given to occupier 259
Division 4—Powers after entry 259
175 General powers of authorised officers 259
176 Power to direct persons to produce documents, operate equipment or answer questions 260
177 Authorised officers to give receipts for seized things and samples taken 261
178 Copies of seized documents 262
179 Retention and return of seized documents or things 262
180 Magistrates' Court may extend 3 month period 263
181 Forfeiture and destruction of seized things 264
182 Secretary or Council may cause forfeited things to be destroyed or otherwise disposed of 265
Division 5—Offences and complaints 265
183 Offence to hinder or obstruct authorised officer 265
184 Offence to impersonate authorised officer 265
185 Complaints 265
Part 9A—Safe access to premises at which abortions are provided 267
185A Purpose 267
185B Definitions 267
185C Principles 269
185D Prohibited behaviour 269
185E Offence to publish or distribute recording 269
185F Search warrant 270
185G Seizure of things not mentioned in the warrant 271
185H Announcement before entry 272
Part 10—Protection and enforcement provisions 273
Division 1—Powers to investigate, eliminate or reduce public health risks 273
187 Restriction on entry to residential premises 273
188 Chief Health Officer may direct a person to provide information 273
188A Chief Health Officer may request transfer and further analysis of sample or isolate 274
189 Powers in the case of a risk to public health 275
190 Public health risk powers 275
191 How may an authorisation be given? 278
192 Assistance 279
193 Compliance with direction or requirement 279
Division 2—Improvement notices and prohibition notices 280
194 Secretary or Council may issue improvement notice or prohibition notice 280
195 Proceedings for offences not affected by notices 281
196 Injunction for non-compliance with improvement notice or prohibition notice 282
197 Special provisions relating to nuisances 282
Division 2A—Enforceable undertakings 284
197A Power to accept an enforceable undertaking 284
197B Amendment or withdrawal of enforceable undertaking 285
197C No criminal proceeding if enforceable undertaking is complied with 285
197D No criminal proceeding while enforceable undertaking is in force 285
197E Criminal proceeding if enforceable undertaking is withdrawn 285
197F Enforcement of enforceable undertaking by Magistrates' Court 286
197G Enforcement of enforceable undertaking order by Secretary 286
Division 2B—Information or document production notices 288
197H Power to give information or document production notice 288
197I Offence to contravene information or document production notice 290
Division 3—Emergency powers 290
198 Declaration of a state of emergency 290
199 Chief Health Officer may authorise exercise of certain powers 293
200 Emergency powers 293
200A Information to be given to detained persons 295
200B Applications may be made for review of certain decisions in relation to a person subject to detention 296
200BA Secretary and Detention Appeals Registrar to provide relevant information and assistance to Detention Appeals Officers 298
200C Detention Appeals Officer must decide applications 299
200E Detention not unlawful merely because of a decision on review 301
201 How may an authorisation be given? 301
202 Assistance 302
203 Compliance with direction or other requirement 302
204 Compensation 303
Part 11—General provisions 305
Division 1—Reviews and appeals 305
205 Review by a Council 305
206 Review by the Secretary 306
207 Review by VCAT 308
208 Appeal against improvement notice or prohibition notice 309
Division 2—Infringements 310
209 Infringements 310
Division 3—Offences 311
210 False or misleading information 311
211 Destroying or damaging records 312
212 Protection against self-incrimination 312
212A Abrogation of privilege against self-incrimination 312
213 Legal professional privilege and client legal privilege not affected 313
214 Offences by corporations 313
215 Persons who are liable for offences 314
Division 4—Proceedings and legal matters 315
216 Responsible agency for the Crown 315
217 Infringement and other notices may be issued to the Crown 316
218 Proceedings against successors to public bodies 316
219 Power to bring proceedings 317
220 Time within which proceedings for offences may be brought 317
221 Service of notices, orders and other documents 318
222 Validity and effect of notices, orders and other documents 320
223 Evidence of signatures 320
224 Certificate of examination and analysis 321
225 Evidentiary certificate signed by the Secretary 322
226 Evidentiary certificate signed by Chief Executive Officer of a Council 323
227 Protection of person giving certain information 325
227AA Immunity 325
Division 4A—General provisions relating to assistance powers 326
227A Provisions relating to requests for assistance 326
227B Assistance by police officers 327
Division 5—Costs 328
228 Recovery of costs 328
229 Actions to ensure compliance with direction, requirement or notice 329
230 Cost recovery in respect of failure to comply with direction, requirement or notice 330
231 Expenses recoverable by a Council in the abatement of any nuisance 331
Division 5A—Compliance and enforcement policy 331
231A Secretary may develop compliance and enforcement policy 331
Division 6—Regulations 333
232 General 333
233 Consultative Councils 335
234 General requirements relating to public health and wellbeing 336
235 Nuisances, prescribed accommodation and registered premises 336
236 Cooling tower systems 339
237 Pest control 340
238 Management and control of infectious disease, micro-organisms and medical conditions 340
238A Fees payable in relation to quarantine detention 345
238B Waiver of fees payable in relation to quarantine detention 346
238C Payment of fees 347
238D Certain requirements under Subordinate Legislation Act 1994 disapplied 347
239 Fees 348
Part 12—Miscellaneous 350
Division 1—General 350
240 Supreme Court—limitation of jurisdiction 350
241 Repeal of certain provisions 350
242 Repeal and saving 350
243 Transitional provisions—Health Act 1958 351
244 Transitional provisions for blood and tissue donations 354
245 Saving and transitional—Cooling tower systems 357
246A Abolition of body corporate known as Secretary to the Department of Human Services 358
246B Action by Registrar of Titles 360
246C Taxes 361
246D Property etc. vests subject to encumbrances 361
246E Periodic registrations 361
247 Transitional provision—Repeal of Part 14—detention has not ended or invoice not given 362
248 Transitional provision—Repeal of Part 14—application for waiver of fees 362
246F Transitional provision—Public Health and Wellbeing Amendment Act 2021 363
248A Transitional provision—Meaning of *quarantined person* 363
248B Transitional provision—Payment reminder notices for unpaid quarantine detention fees 363
248C Authorised officers appointed under old section 30(1A) 364
248CA Applications made under old section 200B 364
248E Transitional provision—Public Health and Wellbeing Amendment Act 2022 365
248F Transitional provision—Public Health and Wellbeing Amendment Act 2022 365
Part 14—Fees relating to detention in quarantine during COVID‑19 pandemic 368
255 Definitions 368
256 Meaning of *quarantined person* 369
257 Liability to pay quarantine detention fees 370
258 COVID-19 Quarantine Victoria to invoice quarantined persons for fees relating to detention 370
258A COVID-19 Quarantine Victoria may obtain contact details required 372
259 Waiver of fees—application 373
260 Verification of waiver application information by statutory declaration 374
260A Waiver of fees—own initiative 374
260B Issue of first payment reminder notice 374
260C Issue of further payment reminder notice 376
260D Further payment reminder notice fee 377
261 Payment of fees 377
262 Recovery of unpaid fees 378
263 Delegation 378
Schedule 379
Endnotes 387
1 General information 387
2 Table of Amendments 389
3 Explanatory details 397
**Version No.** **068**
**Public Health and Wellbeing Act 2008**
**No. 46 of 2008**
Version incorporating amendments as at
**The Parliament of Victoria enacts:**