Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Public Health Regulation 2000
SL2000-1
made under the
Public Health Act 1997
Republication No 25
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Public Health Regulation 2000, made under the Public Health
Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial
changes)) as in force on 26 December 2025. It also includes any commencement, amendment,
repeal or expiry affecting this republished law to 26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
Section 1 - Public Health Regulation 2000 - Public Health Regulation 2000 | Zoe
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Australian Capital Territory
Public Health Regulation 2000
made under the
Public Health Act 1997
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
3A Offences against regulation—application of Criminal Code etc 3
Part 2 Communicable disease control
Division 2.1 Key concepts
4 Immunisation against vaccine preventable diseases 4
5 What is a vaccine preventable disease? 4
Contents
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6 Obligations on parents, guardians and responsible persons 5
Division 2.2 Immunisation
7A Meaning of pre-secondary school—div 2.2 6
8 Provision of immunisation history on enrolment at school 6
9 Immunisation records kept by pre-secondary schools 7
10 Change of immunisation status—notification 8
11 Access to information about immunisation status 9
Division 2.3 Vaccine preventable diseases in schools
12 Notice by school to parent or guardian, and chief health officer 10
13 Exclusion of children from school 10
14 Enforcement of exclusion 12
15 School staff with vaccine preventable diseases 12
Division 2.4 Schedule 1 conditions
16 Notice to school from parent or guardian—cases and contacts 12
17 Exclusion from school or home-based care—cases 13
18 Children with sch 1 conditions—precautions 13
19 Exclusion from school or home-based care—contacts 14
20 Contacts of children with sch 1 conditions—precautions 14
Division 2.5 Transmissible notifiable conditions
21 People with transmissible notifiable conditions 15
Part 4 Cancer reporting
42 Notification of pathologist test results 16
43 Notification of cancer cases at hospitals and nursing homes 16
44 Further information from doctors 16
45 Protection of people giving cancer information 17
46 Cancer register 17
47 Disclosure of information on the cancer register 17
48 Refusal of approval of access to registered information 18
49 Confidentiality 19
Part 5 Drug preparation and supply
Division 5.1 General
49A Meaning of prepare—pt 5 20
Contents
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50 Pharmaceutical businesses responsible for staff compliance 20
Division 5.2 Advertising and supply
51 Sale of injurious drugs, articles and apparatus 20
52 Supply of disinfectants and proprietary remedies 21
53 Labelling disinfectants, germicides, antiseptics and preservatives 22
54 Supply of adulterated drugs 23
Division 5.3 Inspections
55 Inspection of drugs and appliances 23
Division 5.4 Pharmaceutical workers
56 Medical examination of pharmaceutical workers 24
57 Directions to pharmaceutical workers with transmissible conditions 25
58 Transmissible conditions and bandages 25
Division 5.6 Pharmacies
63 Insanitary conditions 26
Division 5.7 Miscellaneous
64 Supply by self or agent 26
Part 6 General sanitation
Division 6.1 Animals and birds
65 Keeping animals and birds—insanitary conditions 27
66 Keeping domestic birds 27
67 Animal and bird diseases 28
Division 6.2 Water supply
68 Protection of water supply 28
Division 6.3 Toilets
68A Definitions—div 6.3 29
69 Toilets not connected to the sewerage system 29
70 Installation of septic tanks and chemical toilets 30
72 Installation of non-chemical, non-flushing toilets 30
73 Alteration of septic tanks and non-flushing toilets 31
76 Directions to replace or alter toilets 31
Contents
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Schedule 1 Exclusion from school or home-based care 32
Dictionary 39
Endnotes
1 About the endnotes 43
2 Abbreviation key 43
3 Legislation history 44
4 Amendment history 48
5 Earlier republications 57
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Australian Capital Territory
Public Health Regulation 2000
made under the
Public Health Act 1997
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Public Health Regulation 2000.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere in this regulation or in other legislation.
For example, the signpost definition ‘childcare centre—see the Children
and Young People Act 2008, section 733.’ means that the term ‘childcare
centre’ is defined in that section and the definition applies to this
regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 3A
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3A Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this
regulation (see Code, pt 2.1):
• s 66 (4) (Keeping domestic birds).
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.
Part 2 Communicable disease control
Division 2.1 Key concepts
Section 4
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Part 2 Communicable disease control
Division 2.1 Key concepts
4 Immunisation against vaccine preventable diseases
(1) For this regulation, a person is immunised against a vaccine
preventable disease only if—
(a) a vaccine registered under the Therapeutic Goods Act 1989
(Cwlth) has been administered to the person and the applicable
vaccination procedure (under subsection (2)) was followed; or
(b) the person has serological evidence of immunity against the
disease.
(2) The applicable vaccination procedure for an immunisation against a
vaccine preventable disease is the procedure directed by the chief
health officer.
(3) A direction under subsection (2) is a disallowable instrument.
5 What is a vaccine preventable disease?
(1) For this regulation, the following diseases are vaccine preventable
diseases:
(a) diphtheria;
(b) Haemophilus influenzae type b (hib) infection;
(c) measles;
(d) mumps;
(e) poliomyelitis;
(f) rubella (German measles);
(g) tetanus;
(h) pertussis (whooping cough);
Communicable disease control Part 2
Key concepts Division 2.1
Section 6
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(i) hepatitis B;
(j) a disease declared under subsection (2).
(2) The chief health officer may—
(a) declare another disease to be a vaccine preventable disease; or
(b) declare that a disease (including a disease mentioned in
subsection (1) (a) to (i)) is not a vaccine preventable disease.
(3) A declaration under subsection (2) is a disallowable instrument.
6 Obligations on parents, guardians and responsible
persons
(1) For this regulation, if an obligation is expressed to apply to a parent
or guardian of a child (but not to a particular parent or guardian of the
child)—
(a) it is sufficient for any parent or guardian of the child to carry out
the obligation; and
(b) if no parent or guardian of the child carries out the obligation—
each parent and guardian is liable for the failure to carry out the
obligation.
(2) For this regulation, if an obligation is expressed to apply to a person
responsible for a child (but not to a particular person responsible for
the child)—
(a) it is sufficient for any person responsible for the child to carry
out the obligation; and
(b) if no person responsible for the child carries out the obligation—
each person responsible for the child is liable for the failure to
carry out the obligation.
Part 2 Communicable disease control
Division 2.2 Immunisation
Section 7A
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Division 2.2 Immunisation
7A Meaning of pre-secondary school—div 2.2
In this division:
pre-secondary school means a childcare centre, preschool,
kindergarten or primary school.
8 Provision of immunisation history on enrolment at school
(1) When a child is enrolled at a kindergarten or primary school for the
first time (for that kindergarten or school), the person in charge of the
kindergarten or school must require a parent or guardian of the child
to provide, for each vaccine preventable disease—
(a) an immunisation record stating the immunisation status of the
child for the disease; or
(b) if the parent or guardian cannot provide an immunisation record
for the disease—a statement verifying that the child has been
immunised against the disease; or
(c) a declaration that the child has not been immunised against the
disease; or
(d) a declaration that the parent or guardian does not know whether
or not the child has been immunised against the disease.
Maximum penalty: 10 penalty units.
Note It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
Communicable disease control Part 2
Immunisation Division 2.2
Section 9
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(2) When a child is enrolled at a preschool or childcare centre for the first
time (for that preschool or centre), the person in charge of the
preschool or centre must require a parent or guardian of the child—
(a) to provide for inspection an immunisation record setting out the
immunisation status of the child for each vaccine preventable
disease; and
(b) to give the person in charge a copy of that record.
Maximum penalty: 10 penalty units.
(3) A parent or guardian of a child must comply with a requirement under
this section.
Maximum penalty: 10 penalty units.
(4) It is a defence to a prosecution under this section for failure to do a
thing that the defendant had a reasonable excuse for that failure.
9 Immunisation records kept by pre-secondary schools
(1) The person in charge of a pre-secondary school must make a record
of the immunisation status of each child enrolled at the school in a
form that is readily accessible to the person in charge and the chief
health officer.
Maximum penalty: 10 penalty units.
(2) In a prosecution for an offence against subsection (1), an
immunisation record signed by any of the following people is
evidence that a specified child is immunised against the vaccine
preventable disease to which the signature relates:
(a) a doctor;
(b) a nurse;
(c) an enrolled nurse;
(d) a midwife;
Part 2 Communicable disease control
Division 2.2 Immunisation
Section 10
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(e) a person authorised in writing by the chief health officer for the
purpose.
(3) The person in charge of a pre-secondary school must—
(a) keep a copy of a child’s immunisation record while the child is
enrolled at the school; and
(b) give a copy of the immunisation record to the chief health officer
within a reasonable time after enrolment.
Maximum penalty: 10 penalty units.
(4) It is a defence to a prosecution under this section for failure to do a
thing that the defendant had a reasonable excuse for that failure.
10 Change of immunisation status—notification
(1) When a child is enrolled at a pre-secondary school for the first time
(for that school), the person in charge of the school must require a
parent or guardian of the child to tell the person in charge of a change
in the immunisation status of the child within a reasonable time after
the status changes.
Maximum penalty: 10 penalty units.
(2) The parent or guardian of a child enrolled at a pre-secondary school
must tell the person in charge of the school of a change in the
immunisation status of the child within a reasonable time after the
status changes.
Maximum penalty: 10 penalty units.
(3) If the person in charge of a pre-secondary school is told of a change
in a child’s immunisation status, the person must attach a note of the
change to the child’s immunisation record.
Maximum penalty: 10 penalty units.
Communicable disease control Part 2
Immunisation Division 2.2
Section 11
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(4) The person in charge of a pre-secondary school must, within a
reasonable time after a note is attached under subsection (2), give a
copy of the note to the chief health officer.
Maximum penalty: 10 penalty units.
(5) It is a defence to a prosecution under this section for failure to do a
thing that the defendant had a reasonable excuse for that failure.
11 Access to information about immunisation status
(1) The chief health officer, or a person authorised in writing by the chief
health officer, may obtain access to and take copies of information
about a child’s immunisation status if required to do so—
(a) for this regulation; or
(b) to conduct an epidemiological study.
(2) The chief health officer may authorise another person under
subsection (1) only if satisfied that the authorised person has adequate
knowledge and experience of—
(a) disease control; or
(b) the management of immunisation programs.
(3) In this section:
epidemiological study means a study or series of studies of—
(a) the incidence or distribution of a vaccine preventable disease in
the territory population, a group of people in that population or
a sub-sample of such a group; or
(b) the factors responsible for the incidence or distribution, or both,
of the disease.
Part 2 Communicable disease control
Division 2.3 Vaccine preventable diseases in schools
Section 12
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Division 2.3 Vaccine preventable diseases in
schools
12 Notice by school to parent or guardian, and chief health
officer
The person in charge of a school must give notice to a parent or
guardian of a child, and the chief health officer, if the person in charge
believes, on reasonable grounds, that a child enrolled at the school—
(a) has a vaccine preventable disease; or
(b) has not been immunised against a vaccine preventable disease
and has been in contact with a person infected with the disease.
Maximum penalty: 10 penalty units.
13 Exclusion of children from school
(1) This section applies if the chief health officer believes, on reasonable
grounds, that there is a significant risk to public health caused by—
(a) an occurrence of a vaccine preventable disease at a school; or
(b) an occurrence of a vaccine preventable disease in the
community where a school is situated.
(2) The chief health officer may give a written direction (a school health
direction) to the person in charge of the school to do 1 or more of the
following:
(a) exclude from school a child, or each child, who has the disease;
(b) exclude from school a non-immunised child, or each
non-immunised child;
(c) in circumstances specified in the direction, exclude from school
a child, or each child, who has the disease;
(d) in circumstances specified in the direction, exclude from school
a non-immunised child, or each non-immunised child;
Communicable disease control Part 2
Vaccine preventable diseases in schools Division 2.3
Section 13
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(e) take other action specified in the direction to reduce the public
health risk caused by the occurrence of the disease.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(3) A school health direction has effect for a child until the earliest
happening of the following days:
(a) a day (if any) specified in the direction for the child;
(b) a day specified in a return to school notice for the child.
(4) The person in charge of the school must give written notice of the
effect of a school health direction to a parent or guardian of a child
for whom the direction is given.
Maximum penalty: 10 penalty units.
(5) When the chief health officer is satisfied that the risk to public health
has ceased, the chief health officer may direct the person in charge of
the school to give a notice (a return to school notice) to a parent or
guardian of a child who has been excluded to the effect that the child
may restart attendance at school on a day specified in the notice.
(6) The chief health officer may issue more than 1 school health direction
for a child.
(7) If more than 1 school health direction is issued for a child, the most
recent direction prevails to the extent of any inconsistency.
(8) This section does not prevent or limit the operation of any other
provision of this part.
(9) In this section:
non-immunised child, for a vaccine preventable disease, means—
(a) a child who does not have an immunisation record for the
disease; or
(b) a child whose immunisation record for the disease indicates that
the child is not immunised against the disease.
Part 2 Communicable disease control
Division 2.4 Schedule 1 conditions
Section 14
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14 Enforcement of exclusion
(1) A person in charge of a school must not, without reasonable excuse,
fail to comply with a school health direction, or a direction of the
chief health officer to give a return to school notice.
Maximum penalty: 10 penalty units.
(2) If a child is excluded from school under a school health direction, and
a parent or guardian of the child has been given notice of the direction
under section 13 (4), the parent or guardian of the child must not allow
the child to attend school until the direction ceases to have effect.
Maximum penalty: 10 penalty units.
(3) In this section:
return to school notice—see section 13 (5).
school health direction—see section 13 (2).
15 School staff with vaccine preventable diseases
The person in charge of a school must, as soon as possible, notify the
chief health officer if the person in charge knows or suspects that a
member of staff of the school has a vaccine preventable disease.
Maximum penalty: 10 penalty units.
Division 2.4 Schedule 1 conditions
16 Notice to school from parent or guardian—cases and
contacts
(1) A parent or guardian of a child enrolled at a school or attending
home-based care must, as soon as possible, inform the person in
charge of the school or care if the parent or guardian has reasonable
grounds for believing that the child has a condition mentioned in
schedule 1.
Maximum penalty: 10 penalty units.
Communicable disease control Part 2
Schedule 1 conditions Division 2.4
Section 17
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(2) A parent or guardian of a child enrolled at a school or attending
home-based care must, as soon as possible, inform the person in
charge of the school or care if the parent or guardian has reasonable
grounds for believing that the child has been in contact with a person
who has a condition mentioned in schedule 1, if a period of exclusion
from school or care is specified in schedule 1 for contacts of people
with the condition.
Maximum penalty: 10 penalty units.
17 Exclusion from school or home-based care—cases
(1) A parent or guardian of a child enrolled at a school or attending
home-based care must not, if the parent or guardian has reasonable
grounds for believing that the child has a condition mentioned in
schedule 1, allow the child to attend school or care for the period
specified in schedule 1 for children with the condition.
Maximum penalty: 10 penalty units.
(2) The person in charge of a school or home-based care must not, if the
person in charge has reasonable grounds for believing that the child
has a condition mentioned in schedule 1, allow the child to attend
school or care for the period specified in schedule 1 for children with
the condition.
Maximum penalty: 10 penalty units.
18 Children with sch 1 conditions—precautions
(1) This section applies if a child has a condition mentioned in schedule 1
and has been excluded from school or home-based care, under this
regulation, because of the condition.
Part 2 Communicable disease control
Division 2.4 Schedule 1 conditions
Section 19
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(2) A person responsible for the child must, during the period of
exclusion from school or home-based care, take reasonable
precautions (appropriate to that condition) to prevent the child
transmitting the condition.
Maximum penalty: 10 penalty units.
(3) In this section:
reasonable precautions includes precautions taken on the advice of
a doctor or an authorised officer.
19 Exclusion from school or home-based care—contacts
(1) A parent or guardian of a child enrolled at a school or attending
home-based care must not, if the parent or guardian has reasonable
grounds for believing that the child has been in contact with a person
who has a condition mentioned in schedule 1, allow the child to attend
school or care for the period specified in schedule 1 for contacts of
people with the condition.
Maximum penalty: 10 penalty units.
(2) The person in charge of a school or home-based care must not, if the
person in charge has reasonable grounds for believing that the child
has been in contact with a person who has a condition mentioned in
schedule 1, allow the child to attend school or care for the period
specified in schedule 1 for contacts of people with the condition.
Maximum penalty: 10 penalty units.
20 Contacts of children with sch 1 conditions—precautions
(1) This section applies if—
(a) a child (the contact child) is a contact of a person who has a
condition mentioned in schedule 1; and
(b) a period of exclusion from school or home-based care is
specified in schedule 1 for such children.
Communicable disease control Part 2
Transmissible notifiable conditions Division 2.5
Section 21
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(2) A person responsible for the contact child must, during the period of
exclusion from school or care, take reasonable precautions
(appropriate to the condition) to prevent possible transmission of the
condition by the contact child.
Maximum penalty: 10 penalty units.
(3) In this section:
reasonable precautions includes precautions taken on the advice of
a doctor or an authorised officer.
Division 2.5 Transmissible notifiable conditions
21 People with transmissible notifiable conditions
(1) A person who knows or suspects that the person has a transmissible
notifiable condition, or knows or suspects that the person is a contact
of such a person, must take reasonable precautions (appropriate to
that condition) against transmitting the condition.
Maximum penalty: 10 penalty units.
(2) If a person responsible (the responsible person) for another person
(the other person) knows or suspects that the other person has a
transmissible notifiable condition, or knows or suspects that the other
person is a contact of such a person, the responsible person must take
reasonable precautions (appropriate to the condition) to prevent the
other person from transmitting the condition.
Maximum penalty: 10 penalty units.
(3) In this section:
reasonable precautions includes precautions taken on the advice of
a doctor (including an authorised medical officer) or an authorised
officer.
Part 4 Cancer reporting
Section 42
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Part 4 Cancer reporting
42 Notification of pathologist test results
(1) If the result of a test performed on a specimen taken from a person
ordinarily resident in the ACT at a laboratory indicates the presence
of cancer, the person responsible for the day-to-day control of the
laboratory must give the chief health officer written notice.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(2) However, notice need not be given of a natural progression of a
cancer that has been notified within the previous year.
43 Notification of cancer cases at hospitals and nursing
homes
(1) The person responsible for the day-to-day control of a hospital or
nursing home in the ACT must give the chief health officer written
notice if—
(a) a person who is a patient or resident at the hospital or nursing
home is found to have cancer; or
(b) a person is treated for cancer at the hospital or nursing home.
(2) However, notice need not be given of a natural progression of a
cancer that has been notified within the previous year.
44 Further information from doctors
(1) This section applies if the chief health officer—
(a) has been notified by notice under section 42 or section 43
(the cancer notice) that a person (the cancer patient) has cancer;
and
(b) the cancer notice is unclear.
Cancer reporting Part 4
Section 45
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(2) The chief health officer may, by written notice, request a doctor who
has professionally attended the cancer patient to give the chief health
officer any specified information required to be included in the cancer
notice.
45 Protection of people giving cancer information
If a person gives information to the chief health officer under this
part—
(a) giving the information is not—
(i) a breach of confidence; or
(ii) a breach of professional etiquette; or
(iii) a breach of professional ethics; or
(iv) a breach of a rule of professional conduct; and
(b) no civil or criminal liability is incurred only because the
information is given.
46 Cancer register
(1) The chief health officer must maintain a cancer register.
(2) The chief health officer must enter in the register all information
given under this part.
47 Disclosure of information on the cancer register
(1) The chief health officer may disclose information on the cancer
register about a cancer patient whose usual place of residence is in a
State or another Territory to the person responsible for maintaining a
cancer registry (if any) established under a law of the State or other
Territory.
Part 4 Cancer reporting
Section 48
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(2) The chief health officer may disclose information on the cancer
register to a person, approved in writing by the Minister, who is
engaged in—
(a) the collection of cancer statistics; or
(b) medical research.
(3) The chief health officer may otherwise only disclose information on
the cancer register to a person if the information is disclosed in a way
that it is not possible to identify—
(a) the person to whom the information relates; or
(b) the doctor who attended the person; or
(c) the laboratory, hospital or nursing home who notified the chief
health officer of the person’s cancer.
48 Refusal of approval of access to registered information
(1) If the Minister refuses to approve a person under section 47 (2)
(the decision), the Minister must give a reviewable decision notice
to—
(a) the chief health officer; and
(b) the person refused approval.
Note The Minister must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
(2) The following people may apply to the ACAT for review of the
decision:
(a) the person refused approval;
(b) any other person whose interests are affected by the decision.
Cancer reporting Part 4
Section 49
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49 Confidentiality
(1) A person must not, except for this regulation or as required by law,
make a record of or divulge or communicate to any person any
information, or document, acquired under this regulation.
Maximum penalty: 10 penalty units.
(2) This section does not affect the operation of any other law relating to
the confidentiality of information or documents.
Part 5 Drug preparation and supply
Division 5.1 General
Section 49A
page 20 Public Health Regulation 2000
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Part 5 Drug preparation and supply
Division 5.1 General
49A Meaning of prepare—pt 5
In this part:
prepare a drug means to prepare the drug for supply, and includes
manufacture, manipulate, handle (including with implements), pack
and dispense.
50 Pharmaceutical businesses responsible for staff
compliance
A person carrying on a business involving the preparation, storage or
supply of drugs must do everything reasonable to ensure that
everyone engaged in the business comply with this part.
Maximum penalty: 10 penalty units.
Division 5.2 Advertising and supply
51 Sale of injurious drugs, articles and apparatus
(1) This section applies to the advertising or supply of—
(a) a drug; or
(b) an article or apparatus claimed to relieve human suffering or to
cure, overcome or alleviate any physical defect.
(2) The Minister may prohibit the advertising or supply of a drug, article
or apparatus that the Minister believes is injurious to life or health or
is useless for the advertised purpose.
(3) A prohibition under subsection (2) is a disallowable instrument.
Drug preparation and supply Part 5
Advertising and supply Division 5.2
Section 52
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(4) If the Minister proposes to prohibit the advertising or supply of a drug
or thing, the Minister must give prior written notice of the proposal
to any person known to the Minister who manufactures, imports,
distributes or supplies the drug or thing inviting the person to give a
written objection to the Minister (stating the reasons for objection)
within a specified period of not less than 28 days after receiving the
notice.
(5) In deciding whether to prohibit the advertising or supply of a drug or
thing, the Minister must consider any objection given as invited under
subsection (4).
(6) If the advertising or supply of a drug or thing is prohibited under
subsection (2), a person must not—
(a) advertise or supply the drug or thing; or
(b) publish an advertisement for the drug or thing.
Maximum penalty: 10 penalty units.
52 Supply of disinfectants and proprietary remedies
(1) The Minister may prohibit the supply of—
(a) a substance or compound as a disinfectant, germicide, antiseptic
or preservative; or
(b) a patent or proprietary medicine the chief health officer certifies
to be harmful to health.
(2) A prohibition under subsection (1) is a disallowable instrument.
(3) A person must not supply a substance, compound or medicine in
contravention of a prohibition under subsection (1).
Maximum penalty: 10 penalty units.
Part 5 Drug preparation and supply
Division 5.2 Advertising and supply
Section 53
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(4) For this section:
patent or proprietary medicine means a medicine for external or
internal use that the maker or seller has an exclusive right to make
under the authority of letters patent, or that is advertised (including
an advertisement consisting of a price list, handbill or label) for the
prevention, cure or relief of a human ailment or physical defect.
53 Labelling disinfectants, germicides, antiseptics and
preservatives
(1) The chief health officer may direct what information and directions
are to be placed on labels of packages of disinfectants, germicides,
antiseptics or preservatives.
(2) A direction under subsection (1) is a disallowable instrument.
(3) A person must not supply a substance or compound called, described
or intended to be used as a disinfectant, deodoriser, germicide,
preservative, antiseptic, sanitary powder or sanitary fluid unless the
label sets out distinctly and legibly the following information:
(a) any information or directions required by subsection (1);
(b) the name or names of the substance or compound;
(c) the percentage of active ingredients in the substance or
compound.
Maximum penalty: 10 penalty units.
(4) In this section:
label means a label, tag, brand, mark or written statement, including
pictorial or other descriptive matter.
package includes any means by which goods are encased, covered,
enclosed, contained or packed.
Drug preparation and supply Part 5
Inspections Division 5.3
Section 54
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54 Supply of adulterated drugs
(1) A person must not—
(a) prepare a drug so as fraudulently to increase its weight, bulk or
measure, or to conceal its inferior quality; or
(b) supply a drug that is prepared in that way.
Maximum penalty: 10 penalty units.
(2) A person must not supply a drug otherwise than in accordance with
the instructions of the person to whom it is supplied in any of the
following respects:
(a) nature;
(b) substance;
(c) quality;
(d) weight;
(e) measure;
(f) quantity;
(g) composition.
Maximum penalty: 10 penalty units.
Division 5.3 Inspections
55 Inspection of drugs and appliances
(1) The chief health officer may inspect a drug, article or appliance that
is advertised, or offered, for supply for the purpose of curing or
alleviating a condition to find out its composition and properties.
(2) The chief health officer may compare the results of an inspection with
any advertisement that relates to the drug, article or appliance.
Part 5 Drug preparation and supply
Division 5.4 Pharmaceutical workers
Section 56
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(3) The chief health officer may prepare a report of the results of an
inspection and comparison including any comment that the chief
health officer considers desirable in the public interest.
(4) The chief health officer may, with the Minister’s written approval—
(a) publish the report in a newspaper circulating in the ACT, and in
any other way considered desirable by the chief health officer;
and
(b) otherwise make the report available to the public.
(5) A proceeding may not be brought—
(a) against the Territory or any person on the basis of the publication
of a report under this section; or
(b) against the Territory or any other person on the basis of the
republication (in whole or in part) of a report published under
this section.
Division 5.4 Pharmaceutical workers
56 Medical examination of pharmaceutical workers
(1) This section applies if the chief health officer or an authorised
medical officer suspects, on reasonable grounds, that a person who
prepares, stores or supplies drugs has a condition that may be
transmitted to someone else because of that preparation, storage or
supply.
(2) The person must not, without reasonable excuse, fail to comply with
a written direction by a public health officer to have either or both of
the following examinations:
(a) an examination by the chief health officer or an authorised
medical officer on a day, and at a time and place, specified in
the direction;
Drug preparation and supply Part 5
Pharmaceutical workers Division 5.4
Section 57
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(b) a specified clinical or bacteriological examination on a day, and
at a reasonable time and place, specified in the direction.
Maximum penalty: 10 penalty units.
57 Directions to pharmaceutical workers with transmissible
conditions
(1) This section applies if the chief health officer—
(a) believes, because of an examination mentioned in section 56,
that the person examined has a condition mentioned in that
section; and
(b) gives the person a written direction not to prepare, store or
supply drugs, or handle any equipment for such preparation,
storage or supply.
(2) The person must comply with the direction until—
(a) the chief health officer gives the person written notice
withdrawing the direction; or
(b) the person gives the chief health officer a certificate from a
doctor certifying that the person does not have a condition
mentioned in section 56.
Maximum penalty: 10 penalty units.
58 Transmissible conditions and bandages
(1) A person must not prepare, store or supply a drug if the person—
(a) has a condition that may be transmitted to someone else because
of that preparation, storage or supply; or
(b) is wearing unclean or medicated bandages, and there is, as a
result, a reasonably significant risk of contamination of a drug.
Maximum penalty: 10 penalty units.
Part 5 Drug preparation and supply
Division 5.6 Pharmacies
Section 63
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(2) Subsection (1) (b) does not apply in relation to the preparation,
storage or supply of drugs if the bandages are on the person’s hands
or wrists, and are, while that activity is being carried out, covered by
clean gloves suitable for the activity.
Division 5.6 Pharmacies
63 Insanitary conditions
(1) A person carrying on business as a pharmacist must not do so in a
way that causes an insanitary condition.
Maximum penalty: 10 penalty units.
(2) A person carrying on business as a pharmacist must not do so in a
place that is in an insanitary condition.
Maximum penalty: 10 penalty units.
Division 5.7 Miscellaneous
64 Supply by self or agent
A person is taken to supply a drug or article if the person supplies it
on the person’s own account or as the agent or employee of another
person.
General sanitation Part 6
Animals and birds Division 6.1
Section 65
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Part 6 General sanitation
Division 6.1 Animals and birds
65 Keeping animals and birds—insanitary conditions
(1) A person must not keep an animal or bird so as to cause an insanitary
condition.
Maximum penalty: 10 penalty units.
(2) A person must not keep an animal or bird in a place that is in an
insanitary condition.
Maximum penalty: 10 penalty units.
66 Keeping domestic birds
(1) This section applies if a person is keeping domestic birds in the city
area other than inside the person’s home.
(2) The chief health officer may give the person a written direction to
prevent or remove an insanitary condition.
(3) The direction must state—
(a) the insanitary condition; and
(b) the steps to be taken to prevent or remove the insanitary
condition; and
(c) the period within which the steps must be taken.
(4) The person must not fail to comply with the direction.
Maximum penalty: 10 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In this section:
domestic bird includes fowl, duck, goose, turkey, guinea fowl and
pigeon.
Part 6 General sanitation
Division 6.2 Water supply
Section 67
page 28 Public Health Regulation 2000
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67 Animal and bird diseases
(1) This section applies if an animal or bird develops a condition that, in
the opinion of the chief health officer based on reasonable grounds—
(a) is potentially injurious to humans; and
(b) represents a serious risk to public health.
(2) If this section applies, the chief health officer may give the keeper of
the animal or bird a written direction to destroy the animal or bird
within a period specified in the direction.
(3) If this section applies to a dog that has the hydatid disease parasite,
the chief health officer may give its keeper a written direction to—
(a) treat the dog in a way specified in the direction; or
(b) destroy the dog.
(4) The keeper of an animal or bird must not, without reasonable excuse,
fail to comply with a notice under this section.
Maximum penalty: 10 penalty units.
Division 6.2 Water supply
68 Protection of water supply
(1) This section applies to a reservoir, dam or water channel of the
Canberra water supply system (the Canberra water supply).
(2) A person must not bathe or wash in the Canberra water supply.
Maximum penalty: 10 penalty units.
(3) A person must not put anything into the Canberra water supply that
is detrimental to the quality of the water.
Maximum penalty: 10 penalty units.
General sanitation Part 6
Toilets Division 6.3
Section 68A
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(4) It is a defence to a prosecution under subsection (3) for putting a thing
into the Canberra water supply if the defendant establishes that the
thing was put there in the course of the reasonable grazing or
depasturing of animals.
Division 6.3 Toilets
Note The Water and Sewerage Act 2000 applies to the installation of a
chemical toilet, a flushing toilet discharging to a septic system and a
connection to a septic system (see Water and Sewerage Act 2000, s 4).
68A Definitions—div 6.3
In this division:
septic tank means a tank or series of tanks for the sedimentation,
disintegration or digestion of sewage.
septic tank system means a septic tank and associated plumbing work,
including—
(a) upstream drainage (including each toilet) that reticulates waste
into the tank; and
(b) the effluent disposal system downstream from the tank.
toilet means a structure for receiving human urine or faeces, and
includes a flushing toilet, chemical toilet and composting toilet.
69 Toilets not connected to the sewerage system
If there is, on premises or occupied land, no connection with the
sewerage system in the ACT, the occupier of the premises or land
must not install a toilet unless—
(a) the toilet is connected to a septic tank installation approved by
an authorised officer; or
(b) the toilet is a chemical toilet, or another type of toilet, approved
by an authorised officer.
Maximum penalty: 10 penalty units.
Part 6 General sanitation
Division 6.3 Toilets
Section 70
page 30 Public Health Regulation 2000
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70 Installation of septic tanks and chemical toilets
(1) A person must not install a septic tank system or a chemical toilet
unless an authorised officer has given permission under this section.
Maximum penalty: 10 penalty units.
(2) The occupier of a place may apply to an authorised officer for
permission to install a septic tank system or chemical toilet at the
place.
(3) An authorised officer must, on application for the installation of a
septic tank system or chemical toilet—
(a) give permission; or
(b) refuse to give permission.
(4) An authorised officer may, by written notice given to an applicant,
require the applicant to provide additional stated information or
documents that the authorised officer reasonably needs to decide the
application.
(5) An authorised officer is not required to decide an application until the
applicant complies with a requirement to provide additional
information or documents.
72 Installation of non-chemical, non-flushing toilets
A person must not install a toilet (other than a flushing toilet or a
chemical toilet) without the written permission of an authorised
officer.
Maximum penalty: 10 penalty units.
General sanitation Part 6
Toilets Division 6.3
Section 73
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73 Alteration of septic tanks and non-flushing toilets
A person must not alter the construction of a septic tank system or
toilet (other than a flushing toilet) without the written permission of
an authorised officer.
Maximum penalty: 10 penalty units.
76 Directions to replace or alter toilets
(1) An authorised officer may give the occupier of a place a written
direction to alter or replace a toilet, if necessary for compliance with
this regulation.
(2) The occupier must comply with a direction of an authorised officer
under subsection (1).
Maximum penalty: 10 penalty units.
Schedule 1 Exclusion from school or home-based care
page 32 Public Health Regulation 2000
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Schedule 1 Exclusion from school or
home-based care
(see s 17)
column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
1 amoebiasis (entamoeba
histolytica)
Exclude until diarrhoea
ceases.
Not excluded.
2 campylobacteriosis Exclude until diarrhoea
ceases.
Not excluded.
3 chicken pox (varicella
and herpes zoster)
Exclude until the last
blister has scabbed
over.
The child should not
continue to be excluded
only because of some
remaining scabs.
Not excluded.
Any child with an
immune deficiency
(eg with leukaemia, or
because of receiving
chemotherapy) should be
excluded for their own
protection. Urgent
medical advice should be
sought, and
varicella-zoster
immunoglobulin (ZIG)
administered if
necessary.
4 conjunctivitis
(acute infectious)
Exclude until discharge
from eyes ceases.
Not excluded.
5 cryptosporidiosis Exclude until diarrhoea
ceases.
Not excluded.
6 diarrhoea Exclude until diarrhoea
ceases.
Not excluded.
Exclusion from school or home-based care Schedule 1
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column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
7 diphtheria Exclude until—
(a) at least
2 negative
throat swabs
have been
taken (the first
not less than
24 hours after
antibiotic
treatment
ceases and the
second not less
than 48 hours
later); and
(b) a certificate is
provided by a
doctor
recommending
that the
exclusion
should cease.
Exclude family and
household contacts until
approval to return has
been given by the chief
health officer.
8 giardiasis Exclude until diarrhoea
ceases.
Not excluded.
9 haemophilus influenzae
type b (hib) infection
Exclude until a
certificate is provided
by a doctor
recommending that the
exclusion should cease.
Not excluded.
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column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
10 hand, foot and mouth
disease
Exclude if—
(a) child is unwell;
or
(b) the child is
drooling, and
not all blisters
have dried or
an exposed
weeping blister
is not covered
with a
dressing.
Not excluded.
11 hepatitis A Exclude for at least
7 days after the onset of
jaundice and a
certificate is provided
by a doctor
recommending that the
exclusion should cease.
Not excluded.
12 herpes (cold sores) Exclude young children
unable to comply with
good hygiene practices
while the lesion is
weeping. Lesion to be
covered by a dressing in
all cases, if possible.
Not excluded.
13 impetigo (school sores) Exclude until
appropriate treatment
has begun and sores on
exposed surfaces are
covered with a
watertight dressing.
Not excluded.
14 influenza and
influenza-like illnesses
Exclude until well. Not excluded.
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column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
15 leprosy Exclude until approval
to return has been given
by the chief health
officer.
Not excluded.
16 measles Exclude for at least 4
days after the rash
appears.
(a) Immunised
contacts not
excluded.
(b) Exclude
non-immunised
contacts until
14 days after the
first day of
appearance of
the rash in the
index case.
(c) Non-immunised
contacts
immunised with
measles vaccine
within 72 hours
after their first
contact with the
index case are
not excluded
after being
immunised.
(d) Non-immunised
contacts who are
given normal
human
immunoglobulin
(NHIG) within
7 days after their
first contact with
the index case
are not excluded
after being given
NHIG.
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column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
17 meningitis (bacterial) Exclude until well. Not excluded.
18 meningococcal
infection
Exclude until adequate
carrier eradication
therapy has begun.
(a) Not excluded if
receiving
rifampicin or
other antibiotic
treatment
recommended
by the chief
health officer.
(b) Otherwise,
excluded until
10 days after last
contact with the
index case.
19 mumps Exclude for 9 days after
onset of symptoms, or
until parotid swelling
goes down (whichever
is sooner).
Not excluded.
20 poliomyelitis Exclude for at least
14 days after onset of
symptoms and until a
certificate is provided
by a doctor
recommending that the
exclusion should cease.
Not excluded.
21 ringworm, scabies,
pediculosis (lice),
trachoma
Exclude until effective
treatment has begun.
Not excluded.
22 rotavirus Exclude until diarrhoea
ceases.
Not excluded.
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column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
23 rubella (German
measles)
Exclude for 4 days after
the appearance of the
rash.
Not excluded.
Female staff of
child-bearing age should
ensure that their immune
status against rubella is
adequate.
24 salmonellosis Exclude until diarrhoea
ceases.
Not excluded.
25 shigellosis Exclude until diarrhoea
ceases.
Not excluded.
26 streptococcal infection
(including scarlet fever)
Exclude until the
person has recovered or
has received antibiotic
treatment for at least
24 hours.
Not excluded.
27 tuberculosis Exclude until approval
to return has been given
by the chief health
officer.
Not excluded.
28 typhoid and
paratyphoid fever
Exclude until a
certificate is provided
by a doctor
recommending that the
exclusion should cease.
(a) Not excluded
unless the chief
health officer
notifies the
person in charge
of the school.
(b) If the chief
health officer
gives notice,
exclusion is
subject to the
conditions in the
notice.
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column 1
item
column 2
condition
column 3
exclusion of cases
column 4
exclusion of contacts
29 whooping cough
(pertussis)
Exclude for 21 days
from start of cough, or
for at least 5 days after
starting a course of
antibiotics
recommended by the
chief health officer.
Exclude non-immunised
household, home-based
care and close childcare
contacts under 7 years
old for 14 days after the
last exposure to
infection, or until 5 days
after starting a course of
antibiotics recommended
by the chief health
officer (whichever is
sooner).
30 worms (intestinal) Exclude until diarrhoea
ceases.
Not excluded.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• appoint
• chief health officer
• disallowable instrument
• doctor
• document
• function
• nurse
• pharmacist
• reviewable decision notice
• State
• the Territory.
Note 3 Words and expressions used in this regulation have the same meaning
that they have in the Public Health Act 1997 (see Legislation Act, s 148).
For example, the following terms are defined in the Public Health
Act 1997, dict:
• authorised officer
• authorised medical officer
• contact
• insanitary condition
• occupier
• place
• premises
• public health
• public health officer
• transmissible notifiable condition.
Dictionary
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cancer means a malignant growth of human tissue that has the
potential to invade tissue beyond its site of origin (other than a basal
cell carcinoma, or a squamous cell carcinoma, of the skin), and
includes leukaemia.
cancer register means the register maintained by the chief health
officer under section 46.
chemical toilet means a toilet in which or connected to which there is
a receptacle of watertight material containing a chemical that
decontaminates and deodorises all urine and faeces put in it.
childcare centre—see the Children and Young People Act 2008,
section 733.
contact, in relation to a disease or condition, means a person who—
(a) has been or may have been a source of infection to a person
suffering from the disease or condition; or
(b) has been or may have been exposed to infection by a person with
the disease or condition.
drug means any substance used for or in the composition of medicine
for internal or external use by a person, and includes anaesthetics,
antiseptics, cosmetics, deodorants, disinfectants, dusting powders,
essences, germicides, narcotics, preservatives, soaps, unguents,
vaccines and other toilet articles.
health practitioner means a doctor or a nurse.
home-based care is care provided by someone for monetary or other
consideration at a home if the provision of care does not amount to a
transfer of parental responsibility.
immunised—see section 4.
laboratory means a place (within or outside the ACT) where any
examinations for the detection of cancer are undertaken.
Dictionary
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person in charge, of a school, means—
(a) the principal teacher; or
(b) if the school does not have a principal teacher—the person with
the most senior administrative responsibility for the school.
pre-secondary school, for division 2.2 (Immunisation)—see
section 7A.
prepare a drug, for part 5 (Drug preparation and supply)—see
section 49A.
responsible, for a person, means responsible for the person’s care,
support or education.
school includes—
(a) a childcare centre; and
(b) a preschool; and
(c) a primary, secondary, technical or private school or a secondary
college.
septic tank, for division 6.3 (Toilets)—see section 68A.
septic tank system, for division 6.3 (Toilets)—see section 68A.
store a drug means store the drug for supply.
supply means supply to the public, or supply by wholesale, and
includes—
(a) offer for sale; and
(b) expose for sale; and
(c) barter (or offer or expose for barter); and
(d) exchange (or offer or expose for exchange); and
(e) supply for value (or offer or expose for supply for value); and
(f) supply for free (or offer or expose for supply for free).
Dictionary
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toilet, for division 6.3 (Toilets)—see section 68A.
treatment includes attendance and care.
transport a drug means transport the drug for preparation, storage or
supply.
vaccine preventable disease—see section 5.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
page 44 Public Health Regulation 2000
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3 Legislation history
This regulation was originally the Public Health Regulations 2000. It was renamed
under the Legislation Act 2001.
Public Health Regulation 2000 SL2000-1
notified 14 January 2000 (Gaz 2000 No S2)
s 1, s 2 commenced 14 January 2000 (IA s 10B)
remainder commenced 15 January 2000 (s 2)
as amended by
Utilities (Consequential Provisions) Act 2000 A2000-66 sch 2 pt 5
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)
sch 2 pt 5 commenced 1 January 2001 (s 2 and Gaz 2000 No S68)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 311
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 311 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.42
notified 5 September 2001 (Gaz 2001 No S65)
amdt 3.467 commenced 12 September 2001 (s 2 (2))
pt 3.42 remainder commenced 5 September 2001 (s 2 (1))
Statute Law Amendment Act 2002 A2002-30 pt 3.56
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.56 commenced 17 September 2002
Statute Law Amendment Act 2002 (No 2) A2002-49 pt 3.17
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 3.17 commenced 17 January 2003 (s 2 (1))
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.17
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.17 commenced 9 October 2003 (s 2 (1))
Endnotes
Legislation history 3
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Nurse Practitioners Legislation Act Amendment 2004 A2004-10 pt 10
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 10 commenced 27 May 2004 (s 2 and CN2004-9)
Construction Occupations Legislation Amendment Act 2004
A2004-13 sch 2 pt 2.23
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.23 commenced 1 September 2004 (s 2 and see
Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and
CN2004-8)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.46
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.46 commenced 2 June 2005 (s 2 (1))
Public Health Amendment Regulation 2006 (No 1) SL2006-48
notified LR 2 November 2006
s 1, s 2 commenced 2 November 2006 (LA s 75 (1))
remainder commenced 3 November 2006 (s 2)
Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2
pt 2.16
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.16 commenced 18 November 2006 (s 2 (1))
Public Health Amendment Regulation 2007 (No 1) SL2007-42
notified LR 20 December 2007
s 1, s 2 commenced 20 December 2007 (LA s 75 (1))
remainder commenced 21 December 2007 (s 2)
Children and Young People (Consequential Amendments) Act 2008
A2008-20 sch 4 pt 4.21
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
sch 4 pt 4.21 commenced 27 February 2009 (s 2 (5) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see
CN2008-13))
Endnotes
3 Legislation history
page 46 Public Health Regulation 2000
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Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2
pt 2.21
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.21 commenced 14 February 2009 (s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.84
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.84 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Public Health (Community Pharmacy Ownership) Amendment
Regulation 2012 (No 1) SL2012-30
notified LR 29 June 2012
s 1, s 2 commenced 29 June 2012 (LA s 75 (1))
remainder commenced 2 July 2012 (s 2)
Public Health (Community Pharmacy Ownership) Amendment
Regulation 2013 (No 1) SL2013-4
notified LR 28 February 2013
s 1, s 2 commenced 28 February 2013 (LA s 75 (1))
remainder commenced 1 March 2013 (s 2)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.5, sch 3
pt 3.17
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 1 pt 1.5, sch 3 pt 3.17 commenced 25 November 2013 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016-18
sch 3 pt 3.35
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.35 commenced 27 April 2016 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.21
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.21 commenced 9 March 2017 (s 2)
Endnotes
Legislation history 3
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Public Health Amendment Regulation 2017 (No 1) SL2017-36
notified LR 30 November 2017
s 1, s 2 commenced 30 November 2017 (LA s 75 (1))
remainder commenced 1 December 2017 (s 2)
Public Health Amendment Regulation 2019 (No 1) SL2019-2
notified LR 31 January 2019
s 1, s 2 commenced 31 January 2019 (LA s 75 (1))
remainder commenced 1 February 2019 (s 2)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.48
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.48 commenced 23 June 2021 (s 2 (1))
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.34
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.34 commenced 24 August 2022 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.139
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.139 commenced 26 December 2025 (s 2 (7))
Endnotes
4 Amendment history
page 48 Public Health Regulation 2000
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4 Amendment history
Name of regulation
s 1 am R8 LA
Dictionary
s 2 om A2001-44 amdt 1.3418
ins A2003-41 amdt 3.348
am A2008-20 amdt 4.52
Notes
s 3 sub A2003-41 amdt 3 348
Offences against regulation—application of Criminal Code etc
s 3A ins SL2007-42 s 4
Immunisation against vaccine preventable diseases
s 4 am A2001-44 amdt 1.3419, amdt 1.3420; A2013-44
amdt 3.160; A2025-29 amdt 4.140
What is a vaccine preventable disease?
s 5 am A2001-44 amdt 1.3421, amdt 1.3422; A2013-44
amdt 3.161; A2025-29 amdt 4.140
What is a child care centre?
s 7 (2), (3) exp 10 May 2000 (s 7 (3))
om A2002-49 amdt 3.201
Meaning of pre-secondary school—div 2.2
s 7A ins A2017-4 amdt 3.110
Provision of immunisation history on enrolment at school
s 8 am A2008-20 amdt 4.54; A2013-44 amdt 3.162; A2016-18
amdt 3.167, amdt 3.168
Immunisation records kept by pre-secondary schools
s 9 am A2002-49 amdt 3.202; A2006-46 amdt 2.41; pars renum
R11 LA
Exclusion of children from school
s 13 am A2003-41 amdt 3.349; A2013-44 amdt 3.163; A2017-4
amdt 3.111
Enforcement of exclusion
s 14 am A2017-4 amdt 3.112
Cervical cytology register
pt 3 hdg sub SL2017-36 s 4
om SL2019-2 s 4
Cervical cytology register
div 3.1 hdg om SL2017-36 s 5
Endnotes
Amendment history 4
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Definitions—pt 3
s 22 hdg sub A2003-41 amdt 3.350; A2017-4 amdt 3.113
s 22 am A2003-41 amdt 3.350; SL2006-48 s 4; A2017-4
amdt 3.114
om SL2019-2 s 4
def abnormal ins A2017-4 amdt 3.115
om SL2019-2 s 4
def management committee ins A2017-4 amdt 3.115
om SL2017-36 s 6
def pathology request form ins A2017-4 amdt 3.115
om SL2017-36 s 6
def refusal of consent marker ins A2017-4 amdt 3.115
om SL2017-36 s 6
def registrable information om SL2017-36 s 6
def test results ins A2017-4 amdt 3.115
om SL2019-2 s 4
Participation in the cervical cancer prevention program
s 23 am A2003-41 amdt 3.351
om SL2017-36 s 7
Sending registrable information from the laboratory to the chief health
officer
s 24 om SL2017-36 s 7
Cervical cytology register
s 25 (3), (4) exp 1 January 2001 (s 25 (4))
am A2003-41 amdt 3.352; SL2017-36 s 8
om SL2019-2 s 4
Use of information on cervical cytology register
s 26 am A2001-44 amdt 1.3423, amdt 1.3424; A2013-44
amdt 3.164; SL2017-36 ss 9-15; ss renum R21 LA
om SL2019-2 s 4
Disclosure of identifying information—women
s 27 am SL2017-36 s 16
om SL2019-2 s 4
Disclosure of identifying information—health practitioners and laboratories
s 28 om SL2019-2 s 4
Deletion of material on cervical cytology register
s 29 om SL2019-2 s 4
The management committee
div 3.2 hdg om SL2017-36 s 17
Meaning of member in div 3.2
s 30 om SL2017-36 s 17
Endnotes
4 Amendment history
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Establishment
s 31 (2)-(4) exp 15 January 2002 (s 31 (4))
sub A2003-41 amdt 3.353
om SL2017-36 s 17
Constitution
s 32 am A2002-49 amdt 3.203, amdt 3.204; A2013-44 amdt 3.165;
A2017-4 amdt 3.116
om SL2017-36 s 17
Functions
s 33 am A2002-49 amdt 3.205
om SL2017-36 s 17
Powers
s 34 om A2002-49 amdt 3.206
Terms of appointment
s 35 am A2002-49 amdt 3.207; A2003-41 amdt 3.354
om SL2017-36 s 17
Appointment of chairperson and deputy chairperson
s 36 om SL2017-36 s 17
Ending of appointment
s 37 sub A2003-41 amdt 3.355
om SL2017-36 s 17
Acting members
s 38 om A2002-49 amdt 3.208
Meetings
s 39 am A2002-49 amdt 3.209
om SL2017-36 s 17
Procedure at meetings
s 40 om SL2017-36 s 17
Conduct of business
s 41 om SL2017-36 s 17
Notification of pathologist test results
s 42 am A2001-44 amdt 1.3425, amdt 1.3426; A2003-41
amdt 3.356, amdt 3.357; A2021-12 amdt 3.157
Notification of cancer cases at hospitals and nursing homes
s 43 am A2001-44 amdt 1.3427, amdt 1.3428; A2003-41
amdt 3.358; A2021-12 amdt 3.157
Further information from doctors
s 44 am A2021-12 amdt 3.158
Endnotes
Amendment history 4
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Cancer register
s 46 (3), (4) exp 1 January 2001 (see s 46 (4))
Refusal of approval of access to registered information
s 48 sub A2008-37 amdt 1.365
am A2025-29 amdt 4.140
General
div 5.1 hdg sub A2017-4 amdt 3.117
Meaning of prepare—pt 5
s 49A ins A2017-4 amdt 3.118
Sale of injurious drugs, articles and apparatus
s 51 am A2001-44 amdt 1.3429, amdt 1.3430; A2004-10 s 38;
A2008-26 amdt 2.149; A2013-44 amdt 3.166; A2025-29
amdt 4.140
Supply of disinfectants and proprietary remedies
s 52 am A2001-44 amdt 1.3431, amdt 1.3432; A2013-44
amdt 3.166; A2025-29 amdt 4.140
Labelling disinfectants, germicides, antiseptics and preservatives
s 53 am A2001-44 amdt 1.3433, amdt 1.3434; A2013-44
amdt 3.166; A2017-4 amdt 3.119; A2025-29 amdt 4.140
Supply of adulterated drugs
s 54 am A2008-26 amdt 2.149; ss renum R14 LA
Inspection of drugs and appliances
s 55 A2003-41 amdt 3.358
Medical examination of pharmaceutical workers
s 56 am A2002-49 amdt 3.210
Personal cleanliness
s 59 om A2008-26 amdt 2.150
Offensive habits
s 60 om A2008-26 amdt 2.150
Equipment and temperature control
div 5.5 hdg om A2008-26 amdt 2.151
Keeping equipment clean
s 61 om A2008-26 amdt 2.151
Ownership of pharmacy business
s 62 om A2008-26 amdt 2.151
ins SL2012-30 s 4
am SL2013–4 s 4, s 5; A2013-44 amdts 1.34-1.36
reloc to Public Health Act 1997 s 66V by A2013-44 amdt 1.37
Endnotes
4 Amendment history
page 52 Public Health Regulation 2000
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Supply by self or agent
s 64 am A2022-14 amdt 3.195
Keeping domestic birds
s 66 sub SL2007-42 s 5
am A2017-4 amdt 3.120; A2022-14 amdt 3.195
Toilets
div 6.3 hdg note ins A2004-13 amdt 2.86
Definitions—div 6.3
s 68A ins A2017-4 amdt 3.121
def septic tank ins A2017-4 amdt 3.121
def septic tank system ins A2017-4 amdt 3.121
def toilet ins A2017-4 amdt 3.121
Toilets not connected to the sewerage system
s 69 am A2017-4 amdt 3.122
Installation of septic tanks and chemical toilets
s 70 am A2001-44 amdts 1.3435-1.3437; SL2006-48 s 5; A2021-12
amdt 3.159
Installation of chemical toilets—application of Canberra Sewerage and Water
Supply Regulation
s 71 am A2000-66 sch 2 pt 2
om A2004-13 amdt 2.87
Alteration of septic tanks and non-flushing toilets
s 73 am SL2006-48 s 6
Installation of flushing toilets connected to septic tanks
s 74 am A2000-46 sch 2 pt 2
om A2004-13 amdt 2.88
Connections with septic tanks
s 75 am A2000-46 sch 2 pt 2
om A2004-13 amdt 2.88
Private hospitals
pt 7 hdg exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Expiry
s 77 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
What is a private hospital?
s 78 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Endnotes
Amendment history 4
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Private hospitals to be registered
s 79 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Application for registration
s 80 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Application for renewal or registration
s 81 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Further information
s 82 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Registration of private hospital
s 83 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Certificate or registration
s 84 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Suspension and cancellation or registration
s 85 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Inspections
s 86 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Provision of hospital equipment
s 87 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Patient attendants—transmissible conditions
s 88 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Medical record—information
s 89 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Inspection of medical records
s 90 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Failure to keep medical records accurately
s 91 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Endnotes
4 Amendment history
page 54 Public Health Regulation 2000
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Communicating information learned from the medical record
s 92 exp 1 January 2001 (s 77) (see also A2001-44 amdts 1.3438-
1.3445)
Saving—private hospitals registered before 1 January 2000
s 93 exp 1 January 2001 (s 77) (see also A2001-44 amdts .3438-
1.3445)
Miscellaneous
pt 8 hdg om A2001-44 amdt 1.3446
Approved forms
s 94 om A2001-44 amdt 1.3448
Repeals
s 95 om R1 LRA
Exclusion from school or home-based care
sch 1 am A2008-20 amdt 4.54
Repealed regulation
sch 2 om R1 LRA
Dictionary
dict am A2002-49 amdt 3.211; A2003-41 amdt 3.359, amdt 3.360;
A2008-37 amdt 1.366, amdt 1.367; SL2012-30 s 5; A2013-44
amdt 3.167; A2017-4 amdt 3.123
def abnormal sub A2017-4 amdt 3.124
om SL2019-2 s 5
def approved form om A2001-44 amdt 1.3447
def authorised officer sub A2002-49 amdt 3.212
om A2003-41 amdt 3.361
def authorised medical officer sub A2002-49 amdt 3.212
om A2003-41 amdt 3.361
def building om A2013-44 amdt 3.168
def cancer register sub A2003-41 amdt 3.362
def cervical cancer om SL2019-2 s 5
def cervical cytology register sub A2003-41 amdt 3.363
om SL2019-2 s 5
def cervical smear om SL2019-2 s 5
def cervical tissue om SL2019-2 s 5
def childcare centre ins A2008-20 amdt 4.53
def child-care centre ins A2002-49 amdt 3.213
om A2008-20 amdt 4.53
def disallowable instrument om A2001-44 amdt 1.3448
def doctor sub A2001-56 amdt 3.467
om A2002-49 amdt 3.214
def domestic bird om A2017-4 amdt 3.125
def drug am A2005-20 amdt 3.327
def equipment om A2017-4 amdt 3.125
Endnotes
Amendment history 4
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def health practitioner sub A2002-49 amdt 3.215
def immunisation om A2003-41 amdt 3.364
def immunisation record sub A2001-44 amdt 1.3449
om A2017-4 amdt 3.125
def immunised ins A2003-41 amdt 3.364
def insanitary condition sub A2002-49 amdt 3.216
om A2003-41 amdt 3.365
def label om A2017-4 amdt 3.125
def laboratory am A2003-41 amdt 3.366
sub SL2019-2 s 6
def management committee sub A2003-41 amdt 3.367;
A2017-4 amdt 3.126
om SL2017-36 s 18
def medical record om A2001-56 amdt 3.467
def member ins A2002-49 amdt 3.217
om SL2017-36 s 18
def non-immunised child om A2017-4 amdt 3.127
def occupier sub A2002-49 amdt 3.218; A2003-41 amdt 3.368
om A2017-4 amdt 3.127
def package om A2017-4 amdt 3.127
def pathology request form sub A2017-4 amdt 3.128
om SL2017-36 s 18
def place om A2017-4 amdt 3.129
def pre-secondary school am A2008-20 amdt 4.54
sub A2017-4 amdt 3.130
def premises om A2017-4 amdt 3.131
def prepare sub A2017-4 amdt 3.132
def private hospital om A2001-56 amdt 3.467
def proprietor om A2002-30 amdt 3.635
def refusal of consent marker sub A2017-4 amdt 3.133
om SL2017-36 s 18
def registered nurse om A2002-49 amdt 3.219
def registrable information sub A2003-41 amdt 3.369
om SL2017-36 s 18
def return to school notice om A2017-4 amdt 3.134
def school am A2008-20 amdt 4.54
def school health direction om A2017-4 amdt 3.134
def septic tank sub A2017-4 amdt 3.135
def septic tank system ins SL2006-48 s 7
sub A2017-4 amdt 3.135
def sewerage system am A2003-41 amdt 3.370
om A2017-4 amdt 3.136
def store sub A2003-41 amdt 3.371
def test results sub A2017-4 amdt 3.137
om SL2019-2 s 7
Endnotes
4 Amendment history
page 56 Public Health Regulation 2000
Effective: 26/12/25
R25
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def toilet sub A2017-4 amdt 3.138
def transmissible notifiable condition sub A2002-49
amdt 3.220
om A2003-41 amdt 3.372
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk () in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A2000-66 31 March 2000
2 A2001-56 12 September 2001
3 A2002-30 25 September 2002
4 A2002-49 17 January 2003
5 A2003-41 9 October 2003
6 A2004-13 27 May 2004
7 A2004-13 1 September 2004
8 A2004-13 3 November 2004
9 A2005-20 2 June 2005
10 SL2006-48 3 November 2006
11 A2006-46 18 November 2006
12 SL2007-42 21 December 2007
13 A2008-37 2 February 2009
14 A2008-37 14 February 2009
15 A2008-37 27 February 2009
16 SL2012-30 2 July 2012
17 SL2013-4 1 March 2013
18 A2013-44 25 November 2013
19 A2016-18 27 April 2016
20 A2017-4 9 March 2017
21 SL2017-36 1 December 2017
22 SL2019-2 1 February 2019