165DApplication to be made before certain enforcement related events 246

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:**