Preliminary

sec.1 Short title

This regulation may be cited as the Public Health Regulation 2018 .

sec.2 Commencement

This regulation commences on 1 September 2018.

sec.3 Dictionary

The dictionary in schedule 8 defines particular words used in this regulation.

Public health risks

Asbestos

sec.4 Purpose and application of division

This division prescribes, under section 61 (1) (c) of the Act , measures to prevent and control the public health risk mentioned in section 11 (1) (b) (viii) of the Act in relation to the dispersal or release of asbestos fibres.

sec.5 Definitions for division

In this division— ACM means any material, object, product or debris containing asbestos. associated asbestos waste means— ACM, other than a sample of ACM removed for scientific testing, that is removed in a non-workplace area, including ACM dust; or disposable items contaminated with ACM that is removed in a non-workplace area. personal protective equipment, plastic sheeting and rags used for cleaning bonded ACM means ACM, other than friable ACM, that contains a bonding compound reinforced with asbestos fibres. asbestos cement pipes, flat or corrugated asbestos cement sheets consisting of sand and cement reinforced with asbestos fibres friable ACM means ACM that, when dry, can be crumbled, pulverised or reduced to powder by hand pressure. non-workplace area means a place other than a workplace under the Work Health and Safety Act 2011 . prescribed work means— doing any of the following in relation to ACM located in a non-workplace area— breaking; cleaning; cutting; maintaining; removing; repairing; storing; using; or separating associated asbestos waste from other waste. remove , in relation to ACM, includes move the ACM from the position where it was installed immediately before 18 June 2007. moving a sheet of ACM to access an area for maintenance

• (a) ACM, other than a sample of ACM removed for scientific testing, that is removed in a non-workplace area, including ACM dust; or
• (b) disposable items contaminated with ACM that is removed in a non-workplace area. Examples for paragraph (b) — personal protective equipment, plastic sheeting and rags used for cleaning
• (a) doing any of the following in relation to ACM located in a non-workplace area— (i) breaking; (ii) cleaning; (iii) cutting; (iv) maintaining; (v) removing; (vi) repairing; (vii) storing; (viii) using; or
• (i) breaking;
• (ii) cleaning;
• (iii) cutting;
• (iv) maintaining;
• (v) removing;
• (vi) repairing;
• (vii) storing;
• (viii) using; or
• (b) separating associated asbestos waste from other waste.
• (i) breaking;
• (ii) cleaning;
• (iii) cutting;
• (iv) maintaining;
• (v) removing;
• (vi) repairing;
• (vii) storing;
• (viii) using; or

sec.6 Administration and enforcement of division

This division is to be administered and enforced by local governments only.

sec.7 Removal of friable ACM

A person must not remove friable ACM located in a non-workplace area unless the person holds a class A asbestos removal licence under the Work Health and Safety Regulation 2011 . Maximum penalty—100 penalty units.

sec.8 Removal of bonded ACM

A person must not remove a quantity of bonded ACM of more than 10m 2 located in a non-workplace area unless the person holds a current certificate under this section. Maximum penalty—100 penalty units. The chief executive may establish or approve arrangements under which a person who finishes training about safely removing bonded ACM satisfactory to the chief executive, in competencies decided by the chief executive, may obtain a certificate. The chief executive approves a particular statement of attainment issued by a registered training organisation as a certificate under this section. The chief executive establishes an interactive training course on the internet that issues certificates under this section to persons who successfully finish the course. To remove any doubt, it is declared that if more than 1 person is removing the bonded ACM, subsection (1) applies to each of the persons. In this section— current certificate , held by a person, means a certificate— the person obtained under arrangements established or approved by the chief executive under subsection (2) ; and while the certificate is in effect under the arrangements. (sec.8-ssec.1) A person must not remove a quantity of bonded ACM of more than 10m 2 located in a non-workplace area unless the person holds a current certificate under this section. Maximum penalty—100 penalty units. (sec.8-ssec.2) The chief executive may establish or approve arrangements under which a person who finishes training about safely removing bonded ACM satisfactory to the chief executive, in competencies decided by the chief executive, may obtain a certificate. The chief executive approves a particular statement of attainment issued by a registered training organisation as a certificate under this section. The chief executive establishes an interactive training course on the internet that issues certificates under this section to persons who successfully finish the course. (sec.8-ssec.3) To remove any doubt, it is declared that if more than 1 person is removing the bonded ACM, subsection (1) applies to each of the persons. (sec.8-ssec.4) In this section— current certificate , held by a person, means a certificate— the person obtained under arrangements established or approved by the chief executive under subsection (2) ; and while the certificate is in effect under the arrangements.

• 1 The chief executive approves a particular statement of attainment issued by a registered training organisation as a certificate under this section.
• 2 The chief executive establishes an interactive training course on the internet that issues certificates under this section to persons who successfully finish the course.
• (a) the person obtained under arrangements established or approved by the chief executive under subsection (2) ; and
• (b) while the certificate is in effect under the arrangements.

sec.9 Cleaning or cutting ACM

A person must not— use a power tool, or a device attached to a power tool, to cut or clean ACM located in a non-workplace area; or using an electric sander to remove paint from asbestos cement sheeting using an angle grinder to cut asbestos cement pipes use a high pressure water process to clean ACM located in a non-workplace area; or using a water blaster to clean an asbestos cement roof use compressed air to clean ACM, or a surface where ACM is present, located in a non-workplace area. using compressed air to clean an area after working with asbestos cement sheeting using compressed air to clean the brake drums of a car Maximum penalty—100 penalty units. In this section— power tool means— an electric, battery, hydraulic, fuel or pneumatic powered tool; but does not include a battery powered drill that is operating at less than 650rpm. (sec.9-ssec.1) A person must not— use a power tool, or a device attached to a power tool, to cut or clean ACM located in a non-workplace area; or using an electric sander to remove paint from asbestos cement sheeting using an angle grinder to cut asbestos cement pipes use a high pressure water process to clean ACM located in a non-workplace area; or using a water blaster to clean an asbestos cement roof use compressed air to clean ACM, or a surface where ACM is present, located in a non-workplace area. using compressed air to clean an area after working with asbestos cement sheeting using compressed air to clean the brake drums of a car Maximum penalty—100 penalty units. (sec.9-ssec.2) In this section— power tool means— an electric, battery, hydraulic, fuel or pneumatic powered tool; but does not include a battery powered drill that is operating at less than 650rpm.

• (a) use a power tool, or a device attached to a power tool, to cut or clean ACM located in a non-workplace area; or Examples— • using an electric sander to remove paint from asbestos cement sheeting • using an angle grinder to cut asbestos cement pipes
• • using an electric sander to remove paint from asbestos cement sheeting
• • using an angle grinder to cut asbestos cement pipes
• (b) use a high pressure water process to clean ACM located in a non-workplace area; or Example— using a water blaster to clean an asbestos cement roof
• (c) use compressed air to clean ACM, or a surface where ACM is present, located in a non-workplace area. Examples— • using compressed air to clean an area after working with asbestos cement sheeting • using compressed air to clean the brake drums of a car
• • using compressed air to clean an area after working with asbestos cement sheeting
• • using compressed air to clean the brake drums of a car
• • using an electric sander to remove paint from asbestos cement sheeting
• • using an angle grinder to cut asbestos cement pipes
• • using compressed air to clean an area after working with asbestos cement sheeting
• • using compressed air to clean the brake drums of a car
• (a) an electric, battery, hydraulic, fuel or pneumatic powered tool; but
• (b) does not include a battery powered drill that is operating at less than 650rpm.

sec.10 Requirement to seal bonded ACM if broken

This section applies if— a person is carrying out prescribed work in a non-workplace area in relation to bonded ACM; and the bonded ACM is broken. The person must ensure a broken surface of the bonded ACM that is not being removed from the non-workplace area is sealed. applying paint or PVA glue to the surface Maximum penalty—100 penalty units. (sec.10-ssec.1) This section applies if— a person is carrying out prescribed work in a non-workplace area in relation to bonded ACM; and the bonded ACM is broken. (sec.10-ssec.2) The person must ensure a broken surface of the bonded ACM that is not being removed from the non-workplace area is sealed. applying paint or PVA glue to the surface Maximum penalty—100 penalty units.

• (a) a person is carrying out prescribed work in a non-workplace area in relation to bonded ACM; and
• (b) the bonded ACM is broken.

sec.11 Requirement to take reasonable measures to minimise release of asbestos fibres

A person who carries out prescribed work in a non-workplace area must take reasonable measures to minimise— the risk of asbestos fibres being released; and the associated hazard to the health of the person and any other person. Maximum penalty—100 penalty units. For subsection (1) , reasonable measures may include any of the following— spraying water or a coat of PVA glue on ACM or other associated asbestos waste; using vacuum cleaning equipment that complies with AS/NZS 60335.2.69 to collect asbestos fibres; cleaning all equipment that is contaminated with ACM; using a wet cloth to wipe away dust that may have originated from ACM; ensuring, as far as practicable, that ACM is not broken or abraded; wearing personal protective equipment to minimise exposure to airborne asbestos fibres; collecting and handling associated asbestos waste separately from other waste. Subsection (2) does not limit what might be reasonable measures. In this section— AS/NZS 60335.2.69 means AS/NZS 60335.2.69:2017 ‘Household and similar electrical appliances—Safety’ Part 2.69 ‘Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use’ (2017). (sec.11-ssec.1) A person who carries out prescribed work in a non-workplace area must take reasonable measures to minimise— the risk of asbestos fibres being released; and the associated hazard to the health of the person and any other person. Maximum penalty—100 penalty units. (sec.11-ssec.2) For subsection (1) , reasonable measures may include any of the following— spraying water or a coat of PVA glue on ACM or other associated asbestos waste; using vacuum cleaning equipment that complies with AS/NZS 60335.2.69 to collect asbestos fibres; cleaning all equipment that is contaminated with ACM; using a wet cloth to wipe away dust that may have originated from ACM; ensuring, as far as practicable, that ACM is not broken or abraded; wearing personal protective equipment to minimise exposure to airborne asbestos fibres; collecting and handling associated asbestos waste separately from other waste. (sec.11-ssec.3) Subsection (2) does not limit what might be reasonable measures. (sec.11-ssec.4) In this section— AS/NZS 60335.2.69 means AS/NZS 60335.2.69:2017 ‘Household and similar electrical appliances—Safety’ Part 2.69 ‘Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use’ (2017).

• (a) the risk of asbestos fibres being released; and
• (b) the associated hazard to the health of the person and any other person.
• (a) spraying water or a coat of PVA glue on ACM or other associated asbestos waste;
• (b) using vacuum cleaning equipment that complies with AS/NZS 60335.2.69 to collect asbestos fibres;
• (c) cleaning all equipment that is contaminated with ACM;
• (d) using a wet cloth to wipe away dust that may have originated from ACM;
• (e) ensuring, as far as practicable, that ACM is not broken or abraded;
• (f) wearing personal protective equipment to minimise exposure to airborne asbestos fibres;
• (g) collecting and handling associated asbestos waste separately from other waste.

sec.12 Packaging and disposal of associated asbestos waste

A person who carries out prescribed work in a non-workplace area must ensure all associated asbestos waste is packaged and disposed of in the way mentioned in subsection (2) as soon as practicable, but within 5 business days, after carrying out the work. Maximum penalty—100 penalty units. The associated asbestos waste must be— either— double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and labelled with a clearly visible warning that states— the packaging contains asbestos; and damage to the packaging and dust inhalation should be avoided; and ‘CAUTION—ASBESTOS DO NOT DAMAGE OR OPEN BAG DO NOT INHALE DUST CANCER AND LUNG DISEASE HAZARD’ disposed of at a site approved by a local government for the disposal of asbestos waste. (sec.12-ssec.1) A person who carries out prescribed work in a non-workplace area must ensure all associated asbestos waste is packaged and disposed of in the way mentioned in subsection (2) as soon as practicable, but within 5 business days, after carrying out the work. Maximum penalty—100 penalty units. (sec.12-ssec.2) The associated asbestos waste must be— either— double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and labelled with a clearly visible warning that states— the packaging contains asbestos; and damage to the packaging and dust inhalation should be avoided; and ‘CAUTION—ASBESTOS DO NOT DAMAGE OR OPEN BAG DO NOT INHALE DUST CANCER AND LUNG DISEASE HAZARD’ disposed of at a site approved by a local government for the disposal of asbestos waste.

• (a) either— (i) double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or (ii) double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and
• (i) double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or
• (ii) double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and
• (b) labelled with a clearly visible warning that states— (i) the packaging contains asbestos; and (ii) damage to the packaging and dust inhalation should be avoided; and Example of warning— ‘CAUTION—ASBESTOS DO NOT DAMAGE OR OPEN BAG DO NOT INHALE DUST CANCER AND LUNG DISEASE HAZARD’
• (i) the packaging contains asbestos; and
• (ii) damage to the packaging and dust inhalation should be avoided; and Example of warning— ‘CAUTION—ASBESTOS DO NOT DAMAGE OR OPEN BAG DO NOT INHALE DUST CANCER AND LUNG DISEASE HAZARD’
• (c) disposed of at a site approved by a local government for the disposal of asbestos waste.
• (i) double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or
• (ii) double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and
• (i) the packaging contains asbestos; and
• (ii) damage to the packaging and dust inhalation should be avoided; and Example of warning— ‘CAUTION—ASBESTOS DO NOT DAMAGE OR OPEN BAG DO NOT INHALE DUST CANCER AND LUNG DISEASE HAZARD’

sec.13 Prohibition on selling or giving away ACM

A person must not sell or give away ACM removed from a non-workplace area. Maximum penalty—100 penalty units.

Mosquitoes

sec.14 Purpose of division— Act , s 61

This division prescribes, under section 61 (1) (b) and (c) of the Act , measures to— control mosquitoes; and prevent and control the public health risks mentioned in section 11 (1) (a) and (b) (i) of the Act in relation to mosquitoes. Mosquitoes are defined as designated pests in schedule 2 of the Act .

• (a) control mosquitoes; and
• (b) prevent and control the public health risks mentioned in section 11 (1) (a) and (b) (i) of the Act in relation to mosquitoes. Note— Mosquitoes are defined as designated pests in schedule 2 of the Act .

sec.15 Definitions for division

In this division— mosquito includes— a mosquito egg, larva and pupa; and an adult mosquito. relevant person , for a place, means— an occupier of the place; or if no-one occupies the place—an owner of the place. relevant tank means a tank or other receptacle that is used or intended to be used to hold or store water or another liquid in which mosquitoes can breed. rainwater tank

• (a) a mosquito egg, larva and pupa; and
• (b) an adult mosquito.
• (a) an occupier of the place; or
• (b) if no-one occupies the place—an owner of the place.

sec.16 Administration and enforcement of division

This division is to be administered and enforced by local governments only.

sec.17 Requirement to ensure place is not a breeding ground for mosquitoes

A relevant person for a place must ensure water or another liquid that has accumulated at the place is not a breeding ground for mosquitoes. Maximum penalty—40 penalty units. For subsection (1) , it is irrelevant whether the accumulation is artificial, natural, permanent or temporary. In a proceeding for an offence against subsection (1) , it is a defence for the defendant to prove that the defendant took all reasonable steps to comply with subsection (1) . In this section— breeding ground , for mosquitoes, means a place where mosquito eggs, larvae or pupae are present. bromeliads, containers, ditches, drains, gutters, car bodies, ponds, swimming and tidal pools, sump traps, tyres, tubs, water features (sec.17-ssec.1) A relevant person for a place must ensure water or another liquid that has accumulated at the place is not a breeding ground for mosquitoes. Maximum penalty—40 penalty units. (sec.17-ssec.2) For subsection (1) , it is irrelevant whether the accumulation is artificial, natural, permanent or temporary. (sec.17-ssec.3) In a proceeding for an offence against subsection (1) , it is a defence for the defendant to prove that the defendant took all reasonable steps to comply with subsection (1) . (sec.17-ssec.4) In this section— breeding ground , for mosquitoes, means a place where mosquito eggs, larvae or pupae are present. bromeliads, containers, ditches, drains, gutters, car bodies, ponds, swimming and tidal pools, sump traps, tyres, tubs, water features

sec.18 Construction, installation and maintenance of a relevant tank

A person must not construct a relevant tank unless the tank complies with the mosquito-proofing requirements. Maximum penalty—40 penalty units. A person must not install a relevant tank, whether above or below ground, unless the tank complies with the mosquito-proofing requirements. Maximum penalty—40 penalty units. A relevant person for a place at which a relevant tank is installed must ensure the tank is maintained so it continues to comply with the mosquito-proofing requirements. Maximum penalty—40 penalty units. The mosquito-proofing requirements for a relevant tank are that, at each opening of the tank, the tank must have— a screen that— is made of brass, copper, aluminium or stainless steel gauze; and has a mesh size of not more than 1mm; and is installed in a way that does not cause or accelerate corrosion; and stops mosquitoes passing through the openings; or a flap valve that, when closed, stops mosquitoes passing through the opening. (sec.18-ssec.1) A person must not construct a relevant tank unless the tank complies with the mosquito-proofing requirements. Maximum penalty—40 penalty units. (sec.18-ssec.2) A person must not install a relevant tank, whether above or below ground, unless the tank complies with the mosquito-proofing requirements. Maximum penalty—40 penalty units. (sec.18-ssec.3) A relevant person for a place at which a relevant tank is installed must ensure the tank is maintained so it continues to comply with the mosquito-proofing requirements. Maximum penalty—40 penalty units. (sec.18-ssec.4) The mosquito-proofing requirements for a relevant tank are that, at each opening of the tank, the tank must have— a screen that— is made of brass, copper, aluminium or stainless steel gauze; and has a mesh size of not more than 1mm; and is installed in a way that does not cause or accelerate corrosion; and stops mosquitoes passing through the openings; or a flap valve that, when closed, stops mosquitoes passing through the opening.

• (a) a screen that— (i) is made of brass, copper, aluminium or stainless steel gauze; and (ii) has a mesh size of not more than 1mm; and (iii) is installed in a way that does not cause or accelerate corrosion; and (iv) stops mosquitoes passing through the openings; or
• (i) is made of brass, copper, aluminium or stainless steel gauze; and
• (ii) has a mesh size of not more than 1mm; and
• (iii) is installed in a way that does not cause or accelerate corrosion; and
• (iv) stops mosquitoes passing through the openings; or
• (b) a flap valve that, when closed, stops mosquitoes passing through the opening.
• (i) is made of brass, copper, aluminium or stainless steel gauze; and
• (ii) has a mesh size of not more than 1mm; and
• (iii) is installed in a way that does not cause or accelerate corrosion; and
• (iv) stops mosquitoes passing through the openings; or

sec.19 Offence to damage screen or flap valve

A person must not destroy, damage or remove a mosquito-proof screen or flap valve fixed to a relevant tank. Maximum penalty—40 penalty units. However, subsection (1) does not apply to a person who removes the mosquito-proof screen or flap valve to carry out maintenance, if the screen or flap valve is replaced immediately after the maintenance is finished. In this section— mosquito-proof screen means a screen mentioned in section 18 (4) (a) . (sec.19-ssec.1) A person must not destroy, damage or remove a mosquito-proof screen or flap valve fixed to a relevant tank. Maximum penalty—40 penalty units. (sec.19-ssec.2) However, subsection (1) does not apply to a person who removes the mosquito-proof screen or flap valve to carry out maintenance, if the screen or flap valve is replaced immediately after the maintenance is finished. (sec.19-ssec.3) In this section— mosquito-proof screen means a screen mentioned in section 18 (4) (a) .

Rats and mice

sec.20 Purpose of division— Act , s 61

This division prescribes, under section 61 (1) (b) and (c) of the Act , measures to— control rats and mice; and prevent and control the public health risks mentioned in section 11 (1) (a) and (b) (i) of the Act in relation to rats and mice. Rats and mice are defined as designated pests in schedule 2 of the Act .

• (a) control rats and mice; and
• (b) prevent and control the public health risks mentioned in section 11 (1) (a) and (b) (i) of the Act in relation to rats and mice.

sec.21 Definition for division

In this division— relevant structure means any of the following— a building; a drain; a pipe connected to a building; a retaining wall; a wharf.

• (a) a building;
• (b) a drain;
• (c) a pipe connected to a building;
• (d) a retaining wall;
• (e) a wharf.

sec.22 Administration and enforcement of division

This division is to be administered and enforced by local governments only.

sec.23 Requirement for owner of relevant structure

An owner of a relevant structure must take reasonable steps to stop rats and mice entering the structure. Maximum penalty—40 penalty units. For subsection (1) , reasonable steps may include the following— sealing or covering any holes or gaps in the exterior surface of the structure; covering a gap in the floor or an external wall of a house with timber filling a hole in the cladding of a brick house with mortar or covering it with a metal plate screwed to the wall covering a hole securely with wire, or another covering, designed to stop rats and mice from passing through securely fitting a cover, grate or plug in a covered pipe or drain, including a disused pipe or drain; removing a disused pipe or drain. This section does not apply in relation to a rat or mouse kept under section 26 . (sec.23-ssec.1) An owner of a relevant structure must take reasonable steps to stop rats and mice entering the structure. Maximum penalty—40 penalty units. (sec.23-ssec.2) For subsection (1) , reasonable steps may include the following— sealing or covering any holes or gaps in the exterior surface of the structure; covering a gap in the floor or an external wall of a house with timber filling a hole in the cladding of a brick house with mortar or covering it with a metal plate screwed to the wall covering a hole securely with wire, or another covering, designed to stop rats and mice from passing through securely fitting a cover, grate or plug in a covered pipe or drain, including a disused pipe or drain; removing a disused pipe or drain. (sec.23-ssec.3) This section does not apply in relation to a rat or mouse kept under section 26 .

• (a) sealing or covering any holes or gaps in the exterior surface of the structure; Examples— • covering a gap in the floor or an external wall of a house with timber • filling a hole in the cladding of a brick house with mortar or covering it with a metal plate screwed to the wall • covering a hole securely with wire, or another covering, designed to stop rats and mice from passing through
• • covering a gap in the floor or an external wall of a house with timber
• • filling a hole in the cladding of a brick house with mortar or covering it with a metal plate screwed to the wall
• • covering a hole securely with wire, or another covering, designed to stop rats and mice from passing through
• (b) securely fitting a cover, grate or plug in a covered pipe or drain, including a disused pipe or drain;
• (c) removing a disused pipe or drain.
• • covering a gap in the floor or an external wall of a house with timber
• • filling a hole in the cladding of a brick house with mortar or covering it with a metal plate screwed to the wall
• • covering a hole securely with wire, or another covering, designed to stop rats and mice from passing through

sec.24 Offence to damage screen etc. on relevant structure

A person must not destroy, damage or remove a screen or other object that has been fixed to a relevant structure to stop rats and mice entering the structure. Maximum penalty—40 penalty units. However, subsection (1) does not apply to a person who removes the screen or other object to carry out maintenance, if the screen or object is replaced immediately after the maintenance is finished. (sec.24-ssec.1) A person must not destroy, damage or remove a screen or other object that has been fixed to a relevant structure to stop rats and mice entering the structure. Maximum penalty—40 penalty units. (sec.24-ssec.2) However, subsection (1) does not apply to a person who removes the screen or other object to carry out maintenance, if the screen or object is replaced immediately after the maintenance is finished.

sec.25 Requirement to ensure rats or mice do not live or breed on land around dwelling

A relevant person for land around a dwelling must ensure— rats or mice are not harboured on the land; and the land is not a breeding ground for rats or mice. Maximum penalty—40 penalty units. In a proceeding for an offence against subsection (1) , it is a defence for the defendant to prove that the defendant took all reasonable steps to comply with subsection (1) . This section does not apply in relation to a rat or mouse kept under section 26 . In this section— relevant person , for land around a dwelling, means— an occupier of the dwelling; or if no-one occupies the dwelling—an owner of the dwelling. (sec.25-ssec.1) A relevant person for land around a dwelling must ensure— rats or mice are not harboured on the land; and the land is not a breeding ground for rats or mice. Maximum penalty—40 penalty units. (sec.25-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the defendant to prove that the defendant took all reasonable steps to comply with subsection (1) . (sec.25-ssec.3) This section does not apply in relation to a rat or mouse kept under section 26 . (sec.25-ssec.4) In this section— relevant person , for land around a dwelling, means— an occupier of the dwelling; or if no-one occupies the dwelling—an owner of the dwelling.

• (a) rats or mice are not harboured on the land; and
• (b) the land is not a breeding ground for rats or mice.
• (a) an occupier of the dwelling; or
• (b) if no-one occupies the dwelling—an owner of the dwelling.

sec.26 Requirements about keeping rat or mouse for particular purposes

This section applies to a person who keeps a rat or mouse— as a pet; or at a laboratory for medical, research, scientific or teaching purposes; or for the purpose of selling the rat or mouse, giving it away or using it as a food source for other animals. The person must keep the rat or mouse in an enclosure from which it can not escape. Maximum penalty—40 penalty units. This section does not limit a local law about keeping rats or mice. (sec.26-ssec.1) This section applies to a person who keeps a rat or mouse— as a pet; or at a laboratory for medical, research, scientific or teaching purposes; or for the purpose of selling the rat or mouse, giving it away or using it as a food source for other animals. (sec.26-ssec.2) The person must keep the rat or mouse in an enclosure from which it can not escape. Maximum penalty—40 penalty units. (sec.26-ssec.3) This section does not limit a local law about keeping rats or mice.

• (a) as a pet; or
• (b) at a laboratory for medical, research, scientific or teaching purposes; or
• (c) for the purpose of selling the rat or mouse, giving it away or using it as a food source for other animals.

Other public health risks

sec.27 Invasive procedures

For section 11 (1) (b) (xi) of the Act , an activity associated with, or part of, an invasive procedure that may expose a person to an infectious condition is prescribed. The Act is to be administered and enforced for the public health risk mentioned in subsection (1) by the State only. In this section— invasive procedure see section 147 of the Act . (sec.27-ssec.1) For section 11 (1) (b) (xi) of the Act , an activity associated with, or part of, an invasive procedure that may expose a person to an infectious condition is prescribed. (sec.27-ssec.2) The Act is to be administered and enforced for the public health risk mentioned in subsection (1) by the State only. (sec.27-ssec.3) In this section— invasive procedure see section 147 of the Act .

sec.27A Particular place used in unlawfully producing dangerous drug— Act , ss 11 and 18

For section 11 (1) (b) (xi) of the Act , a place is prescribed if— a dangerous drug has or may have been unlawfully produced at the place or a part of the place; or a police officer has seized, under the Police Powers and Responsibilities Act 2000 , from the place, or a part of the place, a chemical or equipment that has or may have been used to unlawfully produce a dangerous drug. a house from which a chemical or equipment commonly used to produce methylamphetamine is seized by a police officer For section 18 of the Act , the Act is to be administered and enforced for the public health risk mentioned in subsection (1) by local governments only. In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . produce means prepare, manufacture, cultivate, package or produce. unlawfully means without authorisation, justification or excuse by law. s 27A ins 2019 SL No. 35 s 5 (sec.27A-ssec.1) For section 11 (1) (b) (xi) of the Act , a place is prescribed if— a dangerous drug has or may have been unlawfully produced at the place or a part of the place; or a police officer has seized, under the Police Powers and Responsibilities Act 2000 , from the place, or a part of the place, a chemical or equipment that has or may have been used to unlawfully produce a dangerous drug. a house from which a chemical or equipment commonly used to produce methylamphetamine is seized by a police officer (sec.27A-ssec.2) For section 18 of the Act , the Act is to be administered and enforced for the public health risk mentioned in subsection (1) by local governments only. (sec.27A-ssec.3) In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . produce means prepare, manufacture, cultivate, package or produce. unlawfully means without authorisation, justification or excuse by law.

• (a) a dangerous drug has or may have been unlawfully produced at the place or a part of the place; or
• (b) a police officer has seized, under the Police Powers and Responsibilities Act 2000 , from the place, or a part of the place, a chemical or equipment that has or may have been used to unlawfully produce a dangerous drug.

Water risk management plans

sec.28 Prescribed test for Legionella

For section 61A of the Act , definition prescribed test , a test for Legionella is prescribed if the test— quantifies the number of Legionella colony forming units in a sample tested; and is carried out by a laboratory that is accredited to carry out the test. In this section— accredited , for a laboratory to carry out a test for Legionella, means a laboratory accredited as complying with ISO/IEC 17025 to carry out the test by— the National Association of Testing Authorities Australia ACN 004 379 748; or another entity the chief executive is satisfied is appropriately qualified to accredit a laboratory as complying with ISO/IEC 17025. ISO/IEC 17025 means the standard in relation to the competence of testing and calibration laboratories published jointly by the International Organization for Standardization and the International Electrotechnical Commission as in force from time to time under that designation (regardless of the edition or year of publication of the standard). (sec.28-ssec.1) For section 61A of the Act , definition prescribed test , a test for Legionella is prescribed if the test— quantifies the number of Legionella colony forming units in a sample tested; and is carried out by a laboratory that is accredited to carry out the test. (sec.28-ssec.2) In this section— accredited , for a laboratory to carry out a test for Legionella, means a laboratory accredited as complying with ISO/IEC 17025 to carry out the test by— the National Association of Testing Authorities Australia ACN 004 379 748; or another entity the chief executive is satisfied is appropriately qualified to accredit a laboratory as complying with ISO/IEC 17025. ISO/IEC 17025 means the standard in relation to the competence of testing and calibration laboratories published jointly by the International Organization for Standardization and the International Electrotechnical Commission as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

• (a) quantifies the number of Legionella colony forming units in a sample tested; and
• (b) is carried out by a laboratory that is accredited to carry out the test.
• (a) the National Association of Testing Authorities Australia ACN 004 379 748; or
• (b) another entity the chief executive is satisfied is appropriately qualified to accredit a laboratory as complying with ISO/IEC 17025.

sec.29 Prescribed requirement for water risk management plans— Act , s 61D

For section 61D (g) of the Act , a water risk management plan for a prescribed facility must identify the person, by position title, who is responsible for complying with sections 61H and 61I of the Act for the facility. (sec.29-ssec) For section 61D (g) of the Act , a water risk management plan for a prescribed facility must identify the person, by position title, who is responsible for complying with sections 61H and 61I of the Act for the facility.

sec.30 Prescribed reporting period— Act , s 61I

For section 61I (3) of the Act , definition reporting period , the period is the shorter of the following— a quarter; the period stated in a notice given to the prescribed facility by the chief executive. In this section— quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December. (sec.30-ssec.1) For section 61I (3) of the Act , definition reporting period , the period is the shorter of the following— a quarter; the period stated in a notice given to the prescribed facility by the chief executive. (sec.30-ssec.2) In this section— quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.

• (a) a quarter;
• (b) the period stated in a notice given to the prescribed facility by the chief executive.

Notifiable conditions

sec.31 Notifiable conditions and types of notifiable conditions

For section 64 (1) of the Act , each medical condition mentioned in schedule 1 , column 1 is a notifiable condition. A notifiable condition is of the following type if a mark opposite the condition in schedule 1 identifies it as a condition of that type— for a mark opposite the condition in column 2—a clinical diagnosis notifiable condition; for a mark opposite the condition in column 3—a pathological diagnosis notifiable condition; for a mark opposite the condition in column 4—a pathology request notifiable condition; for a mark opposite the condition in column 5—a provisional diagnosis notifiable condition; for a mark opposite the condition in column 6—a controlled notifiable condition. See section 62 of the Act , definitions clinical diagnosis notifiable condition , pathological diagnosis notifiable condition , pathology request notifiable condition , provisional diagnosis notifiable condition and sections 63 and 64 of the Act . (sec.31-ssec.1) For section 64 (1) of the Act , each medical condition mentioned in schedule 1 , column 1 is a notifiable condition. (sec.31-ssec.2) A notifiable condition is of the following type if a mark opposite the condition in schedule 1 identifies it as a condition of that type— for a mark opposite the condition in column 2—a clinical diagnosis notifiable condition; for a mark opposite the condition in column 3—a pathological diagnosis notifiable condition; for a mark opposite the condition in column 4—a pathology request notifiable condition; for a mark opposite the condition in column 5—a provisional diagnosis notifiable condition; for a mark opposite the condition in column 6—a controlled notifiable condition. See section 62 of the Act , definitions clinical diagnosis notifiable condition , pathological diagnosis notifiable condition , pathology request notifiable condition , provisional diagnosis notifiable condition and sections 63 and 64 of the Act .

• (a) for a mark opposite the condition in column 2—a clinical diagnosis notifiable condition;
• (b) for a mark opposite the condition in column 3—a pathological diagnosis notifiable condition;
• (c) for a mark opposite the condition in column 4—a pathology request notifiable condition;
• (d) for a mark opposite the condition in column 5—a provisional diagnosis notifiable condition;
• (e) for a mark opposite the condition in column 6—a controlled notifiable condition. Note— See section 62 of the Act , definitions clinical diagnosis notifiable condition , pathological diagnosis notifiable condition , pathology request notifiable condition , provisional diagnosis notifiable condition and sections 63 and 64 of the Act .

sec.32 Requirements for notice of particular notifiable conditions— Act , ss 70 – 73

This section prescribes requirements for a notice to the chief executive about any of the following— a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition under section 70 or 71 of the Act ; a pathological diagnosis notifiable condition under section 72 of the Act ; a pathology request notifiable condition under section 73 of the Act . The notice must be given by fax, email or other electronic means. Also, the notice must be given— if the condition is mentioned in schedule 2 —immediately after the examination, pathological examination or receipt of the request; or otherwise—within 48 hours after the examination, pathological examination or receipt of the request. (sec.32-ssec.1) This section prescribes requirements for a notice to the chief executive about any of the following— a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition under section 70 or 71 of the Act ; a pathological diagnosis notifiable condition under section 72 of the Act ; a pathology request notifiable condition under section 73 of the Act . (sec.32-ssec.2) The notice must be given by fax, email or other electronic means. (sec.32-ssec.3) Also, the notice must be given— if the condition is mentioned in schedule 2 —immediately after the examination, pathological examination or receipt of the request; or otherwise—within 48 hours after the examination, pathological examination or receipt of the request.

• (a) a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition under section 70 or 71 of the Act ;
• (b) a pathological diagnosis notifiable condition under section 72 of the Act ;
• (c) a pathology request notifiable condition under section 73 of the Act .
• (a) if the condition is mentioned in schedule 2 —immediately after the examination, pathological examination or receipt of the request; or
• (b) otherwise—within 48 hours after the examination, pathological examination or receipt of the request.

sec.33 Prescribed agreements— Act , s 84

Each agreement mentioned in schedule 3 , part 1 , division 1 is prescribed for section 84 (1) (a) (i) (B) of the Act . Each agreement mentioned in schedule 3 , part 1 , division 2 is prescribed for section 84 (1) (b) (i) (B) of the Act . (sec.33-ssec.1) Each agreement mentioned in schedule 3 , part 1 , division 1 is prescribed for section 84 (1) (a) (i) (B) of the Act . (sec.33-ssec.2) Each agreement mentioned in schedule 3 , part 1 , division 2 is prescribed for section 84 (1) (b) (i) (B) of the Act .

Infection control for health care facilities

sec.34 ICMP not required for prescribed health care facilities— Act , ss 153 and 154

For section 153 (3) of the Act , the following types of health care facility are prescribed— a health care facility owned by a local government, if the operator of the health care facility— performs an immunisation service at the health care facility; and has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility; a health care facility accredited— against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and by an entity approved by the commission to accredit health care facilities against the standards. For section 154 (3) of the Act , the following types of health care facility are prescribed— a health care facility owned and operated by a local government, if the local government— performs an immunisation service at the health care facility; and has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility; a health care facility accredited— against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and by an entity approved by the commission to accredit health care facilities against the standards. In this section— commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth) , section 8 . occupational exposure policy means a document stating the minimum procedures for the immediate assessment, management and follow-up of a person exposed to bloodborne viruses or other infectious agents from blood or another bodily fluid from a work related activity. sharps disposal policy means a document stating the minimum procedures for disposing of objects or devices capable of inflicting a penetrating injury, known as sharps, to minimise— the risk of injury to a person; and the transmission of bloodborne viruses and other infectious agents to a person. (sec.34-ssec.1) For section 153 (3) of the Act , the following types of health care facility are prescribed— a health care facility owned by a local government, if the operator of the health care facility— performs an immunisation service at the health care facility; and has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility; a health care facility accredited— against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and by an entity approved by the commission to accredit health care facilities against the standards. (sec.34-ssec.2) For section 154 (3) of the Act , the following types of health care facility are prescribed— a health care facility owned and operated by a local government, if the local government— performs an immunisation service at the health care facility; and has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility; a health care facility accredited— against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and by an entity approved by the commission to accredit health care facilities against the standards. (sec.34-ssec.3) In this section— commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth) , section 8 . occupational exposure policy means a document stating the minimum procedures for the immediate assessment, management and follow-up of a person exposed to bloodborne viruses or other infectious agents from blood or another bodily fluid from a work related activity. sharps disposal policy means a document stating the minimum procedures for disposing of objects or devices capable of inflicting a penetrating injury, known as sharps, to minimise— the risk of injury to a person; and the transmission of bloodborne viruses and other infectious agents to a person.

• (a) a health care facility owned by a local government, if the operator of the health care facility— (i) performs an immunisation service at the health care facility; and (ii) has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;
• (i) performs an immunisation service at the health care facility; and
• (ii) has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;
• (b) a health care facility accredited— (i) against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and (ii) by an entity approved by the commission to accredit health care facilities against the standards.
• (i) against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and
• (ii) by an entity approved by the commission to accredit health care facilities against the standards.
• (i) performs an immunisation service at the health care facility; and
• (ii) has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;
• (i) against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and
• (ii) by an entity approved by the commission to accredit health care facilities against the standards.
• (a) a health care facility owned and operated by a local government, if the local government— (i) performs an immunisation service at the health care facility; and (ii) has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;
• (i) performs an immunisation service at the health care facility; and
• (ii) has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;
• (b) a health care facility accredited— (i) against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and (ii) by an entity approved by the commission to accredit health care facilities against the standards.
• (i) against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and
• (ii) by an entity approved by the commission to accredit health care facilities against the standards.
• (i) performs an immunisation service at the health care facility; and
• (ii) has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;
• (i) against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and
• (ii) by an entity approved by the commission to accredit health care facilities against the standards.
• (a) the risk of injury to a person; and
• (b) the transmission of bloodborne viruses and other infectious agents to a person.

Child health

Contagious conditions and vaccine preventable conditions

sec.35 Contagious conditions

For section 158 of the Act , definition contagious condition , each condition mentioned in schedule 4 , part 2 , column 1 is a contagious condition.

sec.36 Prescribed period for a contagious condition— Act , s 160

The prescribed period for a contagious condition for a child suspected under chapter 5 of the Act of having the condition is the period that starts and ends as stated opposite the condition in schedule 4 , part 2 , columns 2 and 3. Subsection (3) states the prescribed period for a contagious condition for a child who does not have the condition but who is suspected under chapter 5 of the Act of— not having been vaccinated for the condition; and being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service. The period starts and ends as stated opposite the condition in schedule 4 , part 3 , columns 2 and 3. (sec.36-ssec.1) The prescribed period for a contagious condition for a child suspected under chapter 5 of the Act of having the condition is the period that starts and ends as stated opposite the condition in schedule 4 , part 2 , columns 2 and 3. (sec.36-ssec.2) Subsection (3) states the prescribed period for a contagious condition for a child who does not have the condition but who is suspected under chapter 5 of the Act of— not having been vaccinated for the condition; and being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service. (sec.36-ssec.3) The period starts and ends as stated opposite the condition in schedule 4 , part 3 , columns 2 and 3.

• (a) not having been vaccinated for the condition; and
• (b) being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.

sec.37 Vaccine preventable conditions

For section 158 of the Act , definition vaccine preventable condition , each condition mentioned in schedule 5 is a vaccine preventable condition.

sec.38 Requirements for vaccination

For section 158 of the Act , definition vaccinated , the way for vaccinating a child for a vaccine preventable condition is for the child to receive all vaccinations for the condition recommended for the child’s age in the National Immunisation Program Schedule Queensland. In this section— National Immunisation Program Schedule Queensland means the schedule for age appropriate immunisation for vaccine preventable conditions published on the department’s website. (sec.38-ssec.1) For section 158 of the Act , definition vaccinated , the way for vaccinating a child for a vaccine preventable condition is for the child to receive all vaccinations for the condition recommended for the child’s age in the National Immunisation Program Schedule Queensland. (sec.38-ssec.2) In this section— National Immunisation Program Schedule Queensland means the schedule for age appropriate immunisation for vaccine preventable conditions published on the department’s website.

Disclosure of information for school health programs

sec.39 Prescribed information for school health programs— Act , s 213AD

For section 213AD (1) (c) of the Act , the following information about a student is prescribed— the sex of the student; the school’s class or group to which the student belongs; the language spoken at home by the student; whether the student identifies as an Aboriginal person or a Torres Strait Islander.

• (a) the sex of the student;
• (b) the school’s class or group to which the student belongs;
• (c) the language spoken at home by the student;
• (d) whether the student identifies as an Aboriginal person or a Torres Strait Islander.

Performance of cosmetic procedures on children

sec.40 Procedures that are not cosmetic procedures— Act , s 213A

For section 213A (2) of the Act , the following procedures are not cosmetic procedures for chapter 5A of the Act — a procedure involving the removal of a polypoid outgrowth of both epidermis and dermal fibrovascular tissue, also known as a skin tag; a procedure involving the reshaping of the external structure of the ear, also known as otoplasty; a procedure involving the reshaping of a hand or foot that is polydactyl or syndactyl; a procedure involving the circumcision of the penis; a procedure involving the correction of disfiguring scarring resulting from a medical condition, illness or trauma; a procedure involving the removal of a naevus that is disfiguring, melanotic or interferes with the function of a part of the human body; a procedure involving the removal of a tattoo; a procedure that— is part of a plan to treat a child; and involves cranio-facial surgery, orthognathic surgery or otolaryngological surgery to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma; a procedure to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma that is— a mammaplasty; or a genioplasty; or a rhinoplasty.

• (a) a procedure involving the removal of a polypoid outgrowth of both epidermis and dermal fibrovascular tissue, also known as a skin tag;
• (b) a procedure involving the reshaping of the external structure of the ear, also known as otoplasty;
• (c) a procedure involving the reshaping of a hand or foot that is polydactyl or syndactyl;
• (d) a procedure involving the circumcision of the penis;
• (e) a procedure involving the correction of disfiguring scarring resulting from a medical condition, illness or trauma;
• (f) a procedure involving the removal of a naevus that is disfiguring, melanotic or interferes with the function of a part of the human body;
• (g) a procedure involving the removal of a tattoo;
• (h) a procedure that— (i) is part of a plan to treat a child; and (ii) involves cranio-facial surgery, orthognathic surgery or otolaryngological surgery to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma;
• (i) is part of a plan to treat a child; and
• (ii) involves cranio-facial surgery, orthognathic surgery or otolaryngological surgery to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma;
• (i) a procedure to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma that is— (i) a mammaplasty; or (ii) a genioplasty; or (iii) a rhinoplasty.
• (i) a mammaplasty; or
• (ii) a genioplasty; or
• (iii) a rhinoplasty.
• (i) is part of a plan to treat a child; and
• (ii) involves cranio-facial surgery, orthognathic surgery or otolaryngological surgery to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma;
• (i) a mammaplasty; or
• (ii) a genioplasty; or
• (iii) a rhinoplasty.

Health information management

Perinatal statistics

sec.41 Prescribed time for notifying about delivery— Act , s 217

For section 217 of the Act , the time is within 35 days after the day of the delivery.

sec.41A Disclosure of confidential information for purposes relating to health services— Act , s 225

For section 225 (b) of the Act , an entity stated in column 1 of the table in schedule 5A is prescribed in relation to disclosure of information for a purpose stated in column 2 of the table opposite the entity. s 41A ins 2024 SL No. 92 s 13

sec.42 Prescribed agreements— Act , s 226

Each agreement mentioned in schedule 3 , part 2 is prescribed for section 226 (1) (a) (i) (B) of the Act .

Maternal death statistics

sec.43 Prescribed time for notifying about maternal death— Act , s 228F

For section 228F (2) of the Act , the time is within 60 days after the health professional becomes aware of the death.

sec.44 Prescribed agreements— Act , s 228O

Each agreement mentioned in schedule 3 , part 2 is prescribed for section 228O (1) (a) (i) (B) of the Act .

Cancer notifications

sec.45 Non-notifiable types of skin cancer and non-invasive carcinoma

For section 229 of the Act , definition cancer , paragraph (b) , the following types of skin cancer and non-invasive carcinoma are prescribed— basal cell carcinoma of the skin without perineural or lymphovascular invasion, or metastasis; squamous cell carcinoma of the skin without perineural or lymphovascular invasion, or metastasis; benign neoplasm that is not a central nervous system or brain tumour. s 45 amd 2025 SL No. 25 s 10

• (a) basal cell carcinoma of the skin without perineural or lymphovascular invasion, or metastasis;
• (b) squamous cell carcinoma of the skin without perineural or lymphovascular invasion, or metastasis;
• (c) benign neoplasm that is not a central nervous system or brain tumour.

sec.46 Prescribed person for keeping register— Act , s 232

For section 232 (1) of the Act , the Metro South Hospital and Health Service established and named under the Hospital and Health Boards Act 2011 , section 17 is prescribed.

sec.47 Prescribed periods for giving notifications related to cancer— Act , ss 234 , 234A , 234B , 234C and 234D

For section 234 (2) of the Act , the prescribed period— starts on the day the director receives a finalised report about the pathological examination; and ends 30 days after the day mentioned in paragraph (a) . For section 234A (2) of the Act , the prescribed period— starts on the day the director receives a finalised report about the diagnostic imaging procedure; and ends 30 days after the day mentioned in paragraph (a) . For section 234B (2) of the Act , the prescribed period— starts on the day the director becomes aware of the cancer diagnosis; and ends 30 days after the day mentioned in paragraph (a) . For section 234C (2) of the Act , the prescribed period— starts on the day the cancer-related treatment is provided; and ends 120 days after the day the cancer-related treatment is completed, discontinued or otherwise ends. For section 234D (2) of the Act , the prescribed period— starts on the day the director becomes aware of the death; and ends 30 days after the day mentioned in paragraph (a) . s 47 sub 2025 SL No. 25 s 11 (sec.47-ssec.1) For section 234 (2) of the Act , the prescribed period— starts on the day the director receives a finalised report about the pathological examination; and ends 30 days after the day mentioned in paragraph (a) . (sec.47-ssec.2) For section 234A (2) of the Act , the prescribed period— starts on the day the director receives a finalised report about the diagnostic imaging procedure; and ends 30 days after the day mentioned in paragraph (a) . (sec.47-ssec.3) For section 234B (2) of the Act , the prescribed period— starts on the day the director becomes aware of the cancer diagnosis; and ends 30 days after the day mentioned in paragraph (a) . (sec.47-ssec.4) For section 234C (2) of the Act , the prescribed period— starts on the day the cancer-related treatment is provided; and ends 120 days after the day the cancer-related treatment is completed, discontinued or otherwise ends. (sec.47-ssec.5) For section 234D (2) of the Act , the prescribed period— starts on the day the director becomes aware of the death; and ends 30 days after the day mentioned in paragraph (a) .

• (a) starts on the day the director receives a finalised report about the pathological examination; and
• (b) ends 30 days after the day mentioned in paragraph (a) .
• (a) starts on the day the director receives a finalised report about the diagnostic imaging procedure; and
• (b) ends 30 days after the day mentioned in paragraph (a) .
• (a) starts on the day the director becomes aware of the cancer diagnosis; and
• (b) ends 30 days after the day mentioned in paragraph (a) .
• (a) starts on the day the cancer-related treatment is provided; and
• (b) ends 120 days after the day the cancer-related treatment is completed, discontinued or otherwise ends.
• (a) starts on the day the director becomes aware of the death; and
• (b) ends 30 days after the day mentioned in paragraph (a) .

sec.48 Prescribed agreements— Act , s 244

Each agreement mentioned in schedule 3 , part 3 is prescribed for section 244 (1) (a) (i) (B) of the Act .

Section sec.49

s 49 om 2020 Act No. 31 s 41 sch 1

Notifiable occupational respiratory diseases

sec.49A Prescribed medical practitioners— Act , s 279AA

For section 279AA of the Act , definition prescribed medical practitioner , the prescribed class of persons is medical practitioners registered under the Health Practitioner Regulation National Law as specialist health practitioners in either of the following specialties or specialty fields— occupational and environmental medicine; respiratory and sleep medicine. s 49A ins 2019 SL No. 117 s 14 sub 2025 Act No. 21 s 49

• (a) occupational and environmental medicine;
• (b) respiratory and sleep medicine.

sec.49B Prescribed period— Act , s 279AB

For section 279AB (2) of the Act , the period prescribed is 30 days from the day the prescribed medical practitioner diagnoses the person with the notifiable occupational respiratory disease. s 49B ins 2019 SL No. 117 s 14 sub 2025 Act No. 21 s 49

sec.49C Notifiable occupational respiratory diseases— Act , s 279AB

For section 279AB (5) of the Act , definition notifiable occupational respiratory disease , paragraph (a) , each of the following medical conditions is prescribed to the extent the condition is likely to have been caused or exacerbated, in whole or in part, by exposure to inorganic dust— pneumoconiosis, other than silicosis; asbestosis, coal worker’s pneumoconiosis and mixed-dust pneumoconiosis Silicosis is a prescribed occupational respiratory disease under the Commonwealth Act . cancer; chronic obstructive pulmonary disease. chronic bronchitis and emphysema s 49C ins 2019 SL No. 117 s 14 sub 2025 Act No. 21 s 49

• (a) pneumoconiosis, other than silicosis; Examples— asbestosis, coal worker’s pneumoconiosis and mixed-dust pneumoconiosis Note— Silicosis is a prescribed occupational respiratory disease under the Commonwealth Act .
• (b) cancer;
• (c) chronic obstructive pulmonary disease. Examples— chronic bronchitis and emphysema

sec.49D Prescribed agreement— Act , s 279AI

For section 279AI (1) (b) of the Act , the agreement mentioned in schedule 3 , part 4 is prescribed. s 49D ins 2022 SL No. 87 s 12 sub 2025 Act No. 21 s 49

Water quality

Preliminary

sec.50 Definitions for part

In this part— approved drinking water quality management plan see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . approved recycled water management plan see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . cfu means colony forming units. class , of recycled water, means recycled water that meets the standard for the quality of water of that class prescribed under division 2 . drinking water service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . management plan , for water, means— the approved drinking water quality management plan for the drinking water service under which the water is supplied; or the approved recycled water management plan for the recycled water scheme under which the water is supplied. MPN means most probable number. pfu means plaque forming units. physical and chemical guideline table means the table that states guideline values for physical and chemical characteristics of drinking water in chapter 10 of the document called the ‘Australian Drinking Water Guidelines’ published by the NHMRC. preceding 1-year period , for a month, means the period of 1 year ending at the end of the previous month. radiological guideline table means the table that states a guideline value for the radiological quality of drinking water in chapter 10 of the document called the ‘Australian Drinking Water Guidelines’ published by the NHMRC. recycled water has the meaning given by the Water Supply (Safety and Reliability) Act 2008 , schedule 3 , definition recycled water , paragraph (a) . recycled water scheme see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . resample , of water, means a sample of water taken because an earlier sample of water was not of the quality required under the management plan for the water.

• (a) the approved drinking water quality management plan for the drinking water service under which the water is supplied; or
• (b) the approved recycled water management plan for the recycled water scheme under which the water is supplied.

Standards for and management of water quality

sec.51 Standards for the quality of water and management of water quality

This division prescribes standards for the quality of water and requirements for the management of the quality of water. For the Water Supply (Safety and Reliability) Act 2008 , schedule 3 , definition water quality criteria , paragraphs (a) (i) and (b)(i)— section 52 (3) , (4) , (5) and (6) prescribes standards for the quality of drinking water; and sections 53 (2) and (3) , 56 (1) , 57 (1) and (3) , 58 (2) and 59 (2) prescribe standards for the quality of recycled water. (sec.51-ssec.1) This division prescribes standards for the quality of water and requirements for the management of the quality of water. (sec.51-ssec.2) For the Water Supply (Safety and Reliability) Act 2008 , schedule 3 , definition water quality criteria , paragraphs (a) (i) and (b)(i)— section 52 (3) , (4) , (5) and (6) prescribes standards for the quality of drinking water; and sections 53 (2) and (3) , 56 (1) , 57 (1) and (3) , 58 (2) and 59 (2) prescribe standards for the quality of recycled water.

• (a) section 52 (3) , (4) , (5) and (6) prescribes standards for the quality of drinking water; and
• (b) sections 53 (2) and (3) , 56 (1) , 57 (1) and (3) , 58 (2) and 59 (2) prescribe standards for the quality of recycled water.

sec.52 Quality standard for drinking water

Drinking water in a drinking water service must be tested for the presence of— Escherichia coli at the frequency stated in subsection (2) ; and each required parameter at the frequency stated in the management plan for the water. For subsection (1) (a) , the frequency is— if the drinking water service supplies drinking water to more than 100,000 people— 6 samples a week; and for each 10,000 people supplied by the service over 100,000 people—1 additional sample a month; or if the service supplies drinking water to more than 5,000 people but not more than 100,000 people— 1 sample a week; and for each 5,000 people supplied by the service over 5,000 people—1 additional sample a month; or if the service supplies drinking water to more than 1,000 people but not more than 5,000 people—1 sample a week; or if the service supplies drinking water to 1,000 people or less—1 sample a month. Escherichia coli must not be detected in a sample, of a minimum of 100mL, of drinking water. If the quality of drinking water has been tested for Escherichia coli for at least 1 year under this section— each month, the samples taken to test for Escherichia coli , other than resamples, during the preceding 1-year period must be reviewed; and Escherichia coli must not be detected in at least 98% of the samples reviewed. Each sample of drinking water must not contain an amount of an ADWG parameter more than the guideline value for health for the parameter stated in the physical and chemical guideline table. Each sample of drinking water must comply with the guideline value for radioactivity stated in the radiological guideline table. Subsections (5) and (6) apply to drinking water tested for an ADWG parameter or radioactivity, whether or not the management plan for the water required the water to be tested for the parameter or radioactivity. In this section— ADWG parameter means a parameter that has a guideline value for health stated in the physical and chemical guideline table. required parameter means an ADWG parameter or radioactivity that water is required to be tested for under the management plan for the water. (sec.52-ssec.1) Drinking water in a drinking water service must be tested for the presence of— Escherichia coli at the frequency stated in subsection (2) ; and each required parameter at the frequency stated in the management plan for the water. (sec.52-ssec.2) For subsection (1) (a) , the frequency is— if the drinking water service supplies drinking water to more than 100,000 people— 6 samples a week; and for each 10,000 people supplied by the service over 100,000 people—1 additional sample a month; or if the service supplies drinking water to more than 5,000 people but not more than 100,000 people— 1 sample a week; and for each 5,000 people supplied by the service over 5,000 people—1 additional sample a month; or if the service supplies drinking water to more than 1,000 people but not more than 5,000 people—1 sample a week; or if the service supplies drinking water to 1,000 people or less—1 sample a month. (sec.52-ssec.3) Escherichia coli must not be detected in a sample, of a minimum of 100mL, of drinking water. (sec.52-ssec.4) If the quality of drinking water has been tested for Escherichia coli for at least 1 year under this section— each month, the samples taken to test for Escherichia coli , other than resamples, during the preceding 1-year period must be reviewed; and Escherichia coli must not be detected in at least 98% of the samples reviewed. (sec.52-ssec.5) Each sample of drinking water must not contain an amount of an ADWG parameter more than the guideline value for health for the parameter stated in the physical and chemical guideline table. (sec.52-ssec.6) Each sample of drinking water must comply with the guideline value for radioactivity stated in the radiological guideline table. (sec.52-ssec.7) Subsections (5) and (6) apply to drinking water tested for an ADWG parameter or radioactivity, whether or not the management plan for the water required the water to be tested for the parameter or radioactivity. (sec.52-ssec.8) In this section— ADWG parameter means a parameter that has a guideline value for health stated in the physical and chemical guideline table. required parameter means an ADWG parameter or radioactivity that water is required to be tested for under the management plan for the water.

• (a) Escherichia coli at the frequency stated in subsection (2) ; and
• (b) each required parameter at the frequency stated in the management plan for the water.
• (a) if the drinking water service supplies drinking water to more than 100,000 people— (i) 6 samples a week; and (ii) for each 10,000 people supplied by the service over 100,000 people—1 additional sample a month; or
• (i) 6 samples a week; and
• (ii) for each 10,000 people supplied by the service over 100,000 people—1 additional sample a month; or
• (b) if the service supplies drinking water to more than 5,000 people but not more than 100,000 people— (i) 1 sample a week; and (ii) for each 5,000 people supplied by the service over 5,000 people—1 additional sample a month; or
• (i) 1 sample a week; and
• (ii) for each 5,000 people supplied by the service over 5,000 people—1 additional sample a month; or
• (c) if the service supplies drinking water to more than 1,000 people but not more than 5,000 people—1 sample a week; or
• (d) if the service supplies drinking water to 1,000 people or less—1 sample a month.
• (i) 6 samples a week; and
• (ii) for each 10,000 people supplied by the service over 100,000 people—1 additional sample a month; or
• (i) 1 sample a week; and
• (ii) for each 5,000 people supplied by the service over 5,000 people—1 additional sample a month; or
• (a) each month, the samples taken to test for Escherichia coli , other than resamples, during the preceding 1-year period must be reviewed; and
• (b) Escherichia coli must not be detected in at least 98% of the samples reviewed.

sec.53 Quality standard for recycled water intended to augment a supply of drinking water

Recycled water that is intended to augment a supply of drinking water must be tested for the presence of each required parameter at the frequency required under the management plan for the water. Each sample of the water must— for a microorganism stated in schedule 6 , part 1 —contain less of the microorganism than the value stated opposite the microorganism in schedule 6 , part 1 ; and for a chemical parameter stated in schedule 6 , part 2 —not contain more of the parameter than the value stated opposite the parameter in schedule 6 , part 2 ; and for an ADWG parameter—not contain more of the parameter than the guideline value for health for the parameter stated in the physical and chemical guideline table; and not contain detectable viral, bacterial or protozoan pathogens. Each sample of the water must comply with the guideline value for radioactivity stated in the radiological guideline table. Subsections (2) and (3) apply to water tested for a microorganism, parameter or pathogen or for radioactivity, whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity. In this section— ADWG parameter — means a parameter for which a guideline value for health is stated in the physical and chemical guideline table; but does not include a microorganism or chemical parameter stated in schedule 6 . required parameter means each parameter of the following types of parameter that the water is required to be tested for under the management plan for the water— a microorganism; a chemical parameter; an ADWG parameter; a pathogen; radioactivity. (sec.53-ssec.1) Recycled water that is intended to augment a supply of drinking water must be tested for the presence of each required parameter at the frequency required under the management plan for the water. (sec.53-ssec.2) Each sample of the water must— for a microorganism stated in schedule 6 , part 1 —contain less of the microorganism than the value stated opposite the microorganism in schedule 6 , part 1 ; and for a chemical parameter stated in schedule 6 , part 2 —not contain more of the parameter than the value stated opposite the parameter in schedule 6 , part 2 ; and for an ADWG parameter—not contain more of the parameter than the guideline value for health for the parameter stated in the physical and chemical guideline table; and not contain detectable viral, bacterial or protozoan pathogens. (sec.53-ssec.3) Each sample of the water must comply with the guideline value for radioactivity stated in the radiological guideline table. (sec.53-ssec.4) Subsections (2) and (3) apply to water tested for a microorganism, parameter or pathogen or for radioactivity, whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity. (sec.53-ssec.5) In this section— ADWG parameter — means a parameter for which a guideline value for health is stated in the physical and chemical guideline table; but does not include a microorganism or chemical parameter stated in schedule 6 . required parameter means each parameter of the following types of parameter that the water is required to be tested for under the management plan for the water— a microorganism; a chemical parameter; an ADWG parameter; a pathogen; radioactivity.

• (a) for a microorganism stated in schedule 6 , part 1 —contain less of the microorganism than the value stated opposite the microorganism in schedule 6 , part 1 ; and
• (b) for a chemical parameter stated in schedule 6 , part 2 —not contain more of the parameter than the value stated opposite the parameter in schedule 6 , part 2 ; and
• (c) for an ADWG parameter—not contain more of the parameter than the guideline value for health for the parameter stated in the physical and chemical guideline table; and
• (d) not contain detectable viral, bacterial or protozoan pathogens.
• (a) means a parameter for which a guideline value for health is stated in the physical and chemical guideline table; but
• (b) does not include a microorganism or chemical parameter stated in schedule 6 .
• (a) a microorganism;
• (b) a chemical parameter;
• (c) an ADWG parameter;
• (d) a pathogen;
• (e) radioactivity.

sec.54 Standard for recycled water intended to augment a supply of drinking water—supply and storage

Recycled water intended to augment a supply of drinking water must be— supplied into an aquifer, lake, watercourse or wetlands, or a dam on a watercourse; and stored under conditions that allow for sufficient management of any risk to the health of the public from the recycled water quality.

• (a) supplied into an aquifer, lake, watercourse or wetlands, or a dam on a watercourse; and
• (b) stored under conditions that allow for sufficient management of any risk to the health of the public from the recycled water quality.

sec.55 Management of the quality of recycled water intended to augment a supply of drinking water—assessment and reporting

This section applies— if a sample of recycled water intended to augment a supply of drinking water is tested by a provider— for a microorganism, chemical parameter, ADWG parameter or pathogen mentioned in section 53 (2) and the test shows that the quality of the water does not comply with section 53 (2) ; or for radioactivity and the test shows that the quality of the water does not comply with section 53 (3) ; and whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity. The provider must perform an assessment of the risks to the health of the public from the quality of the water and give a report about the assessment to the chief executive within 10 business days after the result of the test is known. In this section— provider means— for water supplied under a single-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008 —the recycled water provider for the scheme under that Act; or for water supplied under a multiple-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008 —the scheme manager or a declared entity for the scheme under that Act. (sec.55-ssec.1) This section applies— if a sample of recycled water intended to augment a supply of drinking water is tested by a provider— for a microorganism, chemical parameter, ADWG parameter or pathogen mentioned in section 53 (2) and the test shows that the quality of the water does not comply with section 53 (2) ; or for radioactivity and the test shows that the quality of the water does not comply with section 53 (3) ; and whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity. (sec.55-ssec.2) The provider must perform an assessment of the risks to the health of the public from the quality of the water and give a report about the assessment to the chief executive within 10 business days after the result of the test is known. (sec.55-ssec.3) In this section— provider means— for water supplied under a single-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008 —the recycled water provider for the scheme under that Act; or for water supplied under a multiple-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008 —the scheme manager or a declared entity for the scheme under that Act.

• (a) if a sample of recycled water intended to augment a supply of drinking water is tested by a provider— (i) for a microorganism, chemical parameter, ADWG parameter or pathogen mentioned in section 53 (2) and the test shows that the quality of the water does not comply with section 53 (2) ; or (ii) for radioactivity and the test shows that the quality of the water does not comply with section 53 (3) ; and
• (i) for a microorganism, chemical parameter, ADWG parameter or pathogen mentioned in section 53 (2) and the test shows that the quality of the water does not comply with section 53 (2) ; or
• (ii) for radioactivity and the test shows that the quality of the water does not comply with section 53 (3) ; and
• (b) whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity.
• (i) for a microorganism, chemical parameter, ADWG parameter or pathogen mentioned in section 53 (2) and the test shows that the quality of the water does not comply with section 53 (2) ; or
• (ii) for radioactivity and the test shows that the quality of the water does not comply with section 53 (3) ; and
• (a) for water supplied under a single-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008 —the recycled water provider for the scheme under that Act; or
• (b) for water supplied under a multiple-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008 —the scheme manager or a declared entity for the scheme under that Act.

sec.56 Quality standard for recycled water for irrigation of minimally processed food crops

Recycled water supplied for irrigating a minimally processed food crop mentioned in schedule 7 must be of the class stated opposite the crop and method of irrigation in schedule 7 . In this section— minimally processed food crop means a crop for a food product that— may be eaten raw; or will only be minimally processed. washing, cutting, peeling, packaging (sec.56-ssec.1) Recycled water supplied for irrigating a minimally processed food crop mentioned in schedule 7 must be of the class stated opposite the crop and method of irrigation in schedule 7 . (sec.56-ssec.2) In this section— minimally processed food crop means a crop for a food product that— may be eaten raw; or will only be minimally processed. washing, cutting, peeling, packaging

• (a) may be eaten raw; or
• (b) will only be minimally processed. Examples of minimal processing— washing, cutting, peeling, packaging

sec.57 Quality standard for recycled water supplied for a dual reticulation system

Recycled water supplied for a dual reticulation system must be class A+ recycled water. Also, recycled water supplied for a dual reticulation system must be tested to measure the turbidity of the water and the chlorine residual in the water at the frequency required under the management plan for the water. The recycled water must have— a turbidity of less than 2 NTU; and a chlorine residual of 0.5mg/L or more. In this section— chlorine residual means the amount of free chlorine remaining in water after the water has been treated with chlorine. dual reticulation system see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . free chlorine means chlorine in water that is not combined with any other chemical compound. NTU means nephelometric turbidity units. (sec.57-ssec.1) Recycled water supplied for a dual reticulation system must be class A+ recycled water. (sec.57-ssec.2) Also, recycled water supplied for a dual reticulation system must be tested to measure the turbidity of the water and the chlorine residual in the water at the frequency required under the management plan for the water. (sec.57-ssec.3) The recycled water must have— a turbidity of less than 2 NTU; and a chlorine residual of 0.5mg/L or more. (sec.57-ssec.4) In this section— chlorine residual means the amount of free chlorine remaining in water after the water has been treated with chlorine. dual reticulation system see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . free chlorine means chlorine in water that is not combined with any other chemical compound. NTU means nephelometric turbidity units.

• (a) a turbidity of less than 2 NTU; and
• (b) a chlorine residual of 0.5mg/L or more.

sec.58 Quality standard for class A+ recycled water

Recycled water that is to be supplied as class A+ recycled water must be tested for the presence of each of the following (each a class A+ parameter ) at the frequency required under the management plan for the water— Clostridium perfringens spores; Escherichia coli ; F-specific RNA coliphages; somatic coliphages. If the quality of the water has been tested for a class A+ parameter for at least 1 year under the management plan for the water— each month, the samples of water, other than resamples, taken to test for the class A+ parameter during the preceding 1-year period must be reviewed; and at least 95% of the samples reviewed must contain less than the following amounts of the class A+ parameter— for Clostridium perfringens spores—1 cfu/100mL or MPN/100mL; for Escherichia coli —1 cfu/100mL or MPN/100mL; for F-specific RNA coliphages—1 pfu/100mL; for somatic coliphages—1 pfu/100mL. (sec.58-ssec.1) Recycled water that is to be supplied as class A+ recycled water must be tested for the presence of each of the following (each a class A+ parameter ) at the frequency required under the management plan for the water— Clostridium perfringens spores; Escherichia coli ; F-specific RNA coliphages; somatic coliphages. (sec.58-ssec.2) If the quality of the water has been tested for a class A+ parameter for at least 1 year under the management plan for the water— each month, the samples of water, other than resamples, taken to test for the class A+ parameter during the preceding 1-year period must be reviewed; and at least 95% of the samples reviewed must contain less than the following amounts of the class A+ parameter— for Clostridium perfringens spores—1 cfu/100mL or MPN/100mL; for Escherichia coli —1 cfu/100mL or MPN/100mL; for F-specific RNA coliphages—1 pfu/100mL; for somatic coliphages—1 pfu/100mL.

• (a) Clostridium perfringens spores;
• (b) Escherichia coli ;
• (c) F-specific RNA coliphages;
• (d) somatic coliphages.
• (a) each month, the samples of water, other than resamples, taken to test for the class A+ parameter during the preceding 1-year period must be reviewed; and
• (b) at least 95% of the samples reviewed must contain less than the following amounts of the class A+ parameter— (i) for Clostridium perfringens spores—1 cfu/100mL or MPN/100mL; (ii) for Escherichia coli —1 cfu/100mL or MPN/100mL; (iii) for F-specific RNA coliphages—1 pfu/100mL; (iv) for somatic coliphages—1 pfu/100mL.
• (i) for Clostridium perfringens spores—1 cfu/100mL or MPN/100mL;
• (ii) for Escherichia coli —1 cfu/100mL or MPN/100mL;
• (iii) for F-specific RNA coliphages—1 pfu/100mL;
• (iv) for somatic coliphages—1 pfu/100mL.
• (i) for Clostridium perfringens spores—1 cfu/100mL or MPN/100mL;
• (ii) for Escherichia coli —1 cfu/100mL or MPN/100mL;
• (iii) for F-specific RNA coliphages—1 pfu/100mL;
• (iv) for somatic coliphages—1 pfu/100mL.

sec.59 Quality standard for class A, B, C or D recycled water

Recycled water that is to be supplied as class A, B, C or D recycled water must be tested for the presence of Escherichia coli at the frequency required under the management plan for the water. If the quality of the water has been tested for Escherichia coli for at least 1 year under the management plan for the water— each month, the samples of water, other than resamples, taken to test for Escherichia coli during the preceding 1-year period must be reviewed; and at least 95% of the samples reviewed must contain less than the following amounts of Escherichia coli — for class A recycled water—10 cfu/100mL or MPN/100mL; for class B recycled water—100 cfu/100mL or MPN/100mL; for class C recycled water—1,000 cfu/100mL or MPN/100mL; for class D recycled water—10,000 cfu/100mL or MPN/100mL. (sec.59-ssec.1) Recycled water that is to be supplied as class A, B, C or D recycled water must be tested for the presence of Escherichia coli at the frequency required under the management plan for the water. (sec.59-ssec.2) If the quality of the water has been tested for Escherichia coli for at least 1 year under the management plan for the water— each month, the samples of water, other than resamples, taken to test for Escherichia coli during the preceding 1-year period must be reviewed; and at least 95% of the samples reviewed must contain less than the following amounts of Escherichia coli — for class A recycled water—10 cfu/100mL or MPN/100mL; for class B recycled water—100 cfu/100mL or MPN/100mL; for class C recycled water—1,000 cfu/100mL or MPN/100mL; for class D recycled water—10,000 cfu/100mL or MPN/100mL.

• (a) each month, the samples of water, other than resamples, taken to test for Escherichia coli during the preceding 1-year period must be reviewed; and
• (b) at least 95% of the samples reviewed must contain less than the following amounts of Escherichia coli — (i) for class A recycled water—10 cfu/100mL or MPN/100mL; (ii) for class B recycled water—100 cfu/100mL or MPN/100mL; (iii) for class C recycled water—1,000 cfu/100mL or MPN/100mL; (iv) for class D recycled water—10,000 cfu/100mL or MPN/100mL.
• (i) for class A recycled water—10 cfu/100mL or MPN/100mL;
• (ii) for class B recycled water—100 cfu/100mL or MPN/100mL;
• (iii) for class C recycled water—1,000 cfu/100mL or MPN/100mL;
• (iv) for class D recycled water—10,000 cfu/100mL or MPN/100mL.
• (i) for class A recycled water—10 cfu/100mL or MPN/100mL;
• (ii) for class B recycled water—100 cfu/100mL or MPN/100mL;
• (iii) for class C recycled water—1,000 cfu/100mL or MPN/100mL;
• (iv) for class D recycled water—10,000 cfu/100mL or MPN/100mL.

Miscellaneous

sec.60 Paint— Act , s 60

For section 60 of the Act , the prescribed standard is the current Poisons Standard, part 2 . In this section— current Poisons Standard see the Therapeutic Goods Act 1989 (Cwlth) , section 52A (1) . s 60 sub 2019 SL No. 117 s 15 (sec.60-ssec.1) For section 60 of the Act , the prescribed standard is the current Poisons Standard, part 2 . (sec.60-ssec.2) In this section— current Poisons Standard see the Therapeutic Goods Act 1989 (Cwlth) , section 52A (1) .

sec.61 Emergency officers (general)— Act , s 333

For section 333 (1) (e) of the Act , the following persons are prescribed— ambulance officers under the Ambulance Service Act 1991 ; police officers; fire service officers under the Fire Services Act 1990 ; harbour masters under the Transport Operations (Marine Safety) Act 1994 . s 61 sub 2020 SL No. 37 s 5 amd 2020 SL No. 48 s 3 ; 2024 Act No. 22 s 92 sch 1

• (a) ambulance officers under the Ambulance Service Act 1991 ;
• (b) police officers;
• (c) fire service officers under the Fire Services Act 1990 ;
• (d) harbour masters under the Transport Operations (Marine Safety) Act 1994 .

sec.61A Fees for quarantine during COVID-19 emergency— Act , s 362MC

For section 362MC of the Act , this section prescribes the fees for a person’s quarantine. For an adult, the fees are— for accommodation, including cleaning, for each night of quarantine—$165; and for meals, for each day of quarantine—$65. For a child, the fees are— for accommodation, including cleaning, for each night of quarantine—$165; and for meals, for each day of quarantine— for a child 13 years or older—$65; or for a child 3 years or older, but under 13 years—$32.50; or for a child under 3 years—nil. However, if 2 or more persons are required or permitted to quarantine together in shared accommodation— the fee under subsection (2) (a) or (3) (a) applies for only 1 of the persons; and the fee under subsection (2) (a) or (3) (a) for each additional person is nil. s 61A ins 2020 Act No. 19 s 144 amd 2021 SL No. 17 s 3 ; 2021 SL No. 82 s 4 (sec.61A-ssec.1) For section 362MC of the Act , this section prescribes the fees for a person’s quarantine. (sec.61A-ssec.2) For an adult, the fees are— for accommodation, including cleaning, for each night of quarantine—$165; and for meals, for each day of quarantine—$65. (sec.61A-ssec.3) For a child, the fees are— for accommodation, including cleaning, for each night of quarantine—$165; and for meals, for each day of quarantine— for a child 13 years or older—$65; or for a child 3 years or older, but under 13 years—$32.50; or for a child under 3 years—nil. (sec.61A-ssec.4) However, if 2 or more persons are required or permitted to quarantine together in shared accommodation— the fee under subsection (2) (a) or (3) (a) applies for only 1 of the persons; and the fee under subsection (2) (a) or (3) (a) for each additional person is nil.

• (a) for accommodation, including cleaning, for each night of quarantine—$165; and
• (b) for meals, for each day of quarantine—$65.
• (a) for accommodation, including cleaning, for each night of quarantine—$165; and
• (b) for meals, for each day of quarantine— (i) for a child 13 years or older—$65; or (ii) for a child 3 years or older, but under 13 years—$32.50; or (iii) for a child under 3 years—nil.
• (i) for a child 13 years or older—$65; or
• (ii) for a child 3 years or older, but under 13 years—$32.50; or
• (iii) for a child under 3 years—nil.
• (i) for a child 13 years or older—$65; or
• (ii) for a child 3 years or older, but under 13 years—$32.50; or
• (iii) for a child under 3 years—nil.
• (a) the fee under subsection (2) (a) or (3) (a) applies for only 1 of the persons; and
• (b) the fee under subsection (2) (a) or (3) (a) for each additional person is nil.

sec.62 Prescribed training for indemnity conditions— Act , s 454G

For section 454G of the Act , training approved by the chief health officer that includes information about the following matters is prescribed— the regulatory environment for controlling asbestos risks in Queensland; asbestos products and likely uses in domestic settings; the health risks of exposure to asbestos; assessing the health risks and risk control measures; applying regulatory measures under the Act to control asbestos risk. For the purpose of approving training under subsection (1) , the chief health officer may have regard to any relevant matter, including, for example— the content and quality of the curriculum for the training, including its relevance to the powers and functions of an authorised person; and the qualifications, knowledge and experience of the person who is to provide the training. (sec.62-ssec.1) For section 454G of the Act , training approved by the chief health officer that includes information about the following matters is prescribed— the regulatory environment for controlling asbestos risks in Queensland; asbestos products and likely uses in domestic settings; the health risks of exposure to asbestos; assessing the health risks and risk control measures; applying regulatory measures under the Act to control asbestos risk. (sec.62-ssec.2) For the purpose of approving training under subsection (1) , the chief health officer may have regard to any relevant matter, including, for example— the content and quality of the curriculum for the training, including its relevance to the powers and functions of an authorised person; and the qualifications, knowledge and experience of the person who is to provide the training.

• (a) the regulatory environment for controlling asbestos risks in Queensland;
• (b) asbestos products and likely uses in domestic settings;
• (c) the health risks of exposure to asbestos;
• (d) assessing the health risks and risk control measures;
• (e) applying regulatory measures under the Act to control asbestos risk.
• (a) the content and quality of the curriculum for the training, including its relevance to the powers and functions of an authorised person; and
• (b) the qualifications, knowledge and experience of the person who is to provide the training.

sec.63 Human research ethics committee— Act , sch 2 , definition human research ethics committee

For schedule 2 of the Act , definition human research ethics committee , the requirements stated in the document called ‘National Statement on Ethical Conduct in Human Research 2007’ issued by the NHMRC are prescribed. A copy of the document is available on the website of the NHMRC.

Section sec.63A

s 63A ins 2022 SL No. 170 s 16 exp 31 October 2023 on the expiry of s 142A of the Act (see s 142S of the Act )

Transitional provisions

Transitional provisions for SL No. 117 of 2018

sec.64 Definitions for part

In this part— class A+ parameter see section 58. existing , for an approval, certificate or arrangement under the expired regulation, means in effect immediately before the commencement. expired regulation means the expired Public Health Regulation 2005 .

sec.65 Certificates for the removal of bonded ACM

Existing arrangements approved or established by the chief executive under section 2E of the expired regulation are taken to be arrangements approved or established by the chief executive under section 8. A person who holds an existing certificate under section 2E of the expired regulation is taken to hold a certificate for section 8. (sec.65-ssec.1) Existing arrangements approved or established by the chief executive under section 2E of the expired regulation are taken to be arrangements approved or established by the chief executive under section 8. (sec.65-ssec.2) A person who holds an existing certificate under section 2E of the expired regulation is taken to hold a certificate for section 8.

sec.66 Existing notices about reporting periods for prescribed facilities

An existing notice given to a prescribed facility by the chief executive under section 2ZA of the expired regulation is taken to be a notice given to the prescribed facility by the chief executive under section 30.

sec.67 Use of drinking water samples taken under expired regulation for annual value

This section applies if a sample of drinking water was taken to test for Escherichia coli under section 18AC(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement. Section 52(4) applies to the sample as though the sample was taken for testing as required under section 52(1). (sec.67-ssec.1) This section applies if a sample of drinking water was taken to test for Escherichia coli under section 18AC(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement. (sec.67-ssec.2) Section 52(4) applies to the sample as though the sample was taken for testing as required under section 52(1).

sec.68 Existing approved recycled water management plans

This section applies to an approved recycled water management plan— that refers to taking samples of— recycled water to be supplied as class A+ recycled water to test for chlorine residual, turbidity or a class A+ parameter at the frequency mentioned in schedule 3C, column 2 of the expired regulation; or recycled water to be supplied as class A, B, C or D recycled water to test for Escherichia coli at the frequency mentioned in schedule 3D, column 3 of the expired regulation; and until the plan is amended and the reference to the expired regulation is omitted. The reference mentioned in subsection (1)(a)(i) is taken to be a reference to taking samples at the following frequency— to test for chlorine residual or turbidity—daily; to test for a class A+ parameter—weekly. The reference mentioned in subsection (1)(a)(ii) is taken to be a reference to taking samples to test for Escherichia coli weekly. In this section— approved recycled water management plan see section 50. chlorine residual see section 57(4). (sec.68-ssec.1) This section applies to an approved recycled water management plan— that refers to taking samples of— recycled water to be supplied as class A+ recycled water to test for chlorine residual, turbidity or a class A+ parameter at the frequency mentioned in schedule 3C, column 2 of the expired regulation; or recycled water to be supplied as class A, B, C or D recycled water to test for Escherichia coli at the frequency mentioned in schedule 3D, column 3 of the expired regulation; and until the plan is amended and the reference to the expired regulation is omitted. (sec.68-ssec.2) The reference mentioned in subsection (1)(a)(i) is taken to be a reference to taking samples at the following frequency— to test for chlorine residual or turbidity—daily; to test for a class A+ parameter—weekly. (sec.68-ssec.3) The reference mentioned in subsection (1)(a)(ii) is taken to be a reference to taking samples to test for Escherichia coli weekly. (sec.68-ssec.4) In this section— approved recycled water management plan see section 50. chlorine residual see section 57(4).

• (a) that refers to taking samples of— (i) recycled water to be supplied as class A+ recycled water to test for chlorine residual, turbidity or a class A+ parameter at the frequency mentioned in schedule 3C, column 2 of the expired regulation; or (ii) recycled water to be supplied as class A, B, C or D recycled water to test for Escherichia coli at the frequency mentioned in schedule 3D, column 3 of the expired regulation; and
• (i) recycled water to be supplied as class A+ recycled water to test for chlorine residual, turbidity or a class A+ parameter at the frequency mentioned in schedule 3C, column 2 of the expired regulation; or
• (ii) recycled water to be supplied as class A, B, C or D recycled water to test for Escherichia coli at the frequency mentioned in schedule 3D, column 3 of the expired regulation; and
• (b) until the plan is amended and the reference to the expired regulation is omitted.
• (i) recycled water to be supplied as class A+ recycled water to test for chlorine residual, turbidity or a class A+ parameter at the frequency mentioned in schedule 3C, column 2 of the expired regulation; or
• (ii) recycled water to be supplied as class A, B, C or D recycled water to test for Escherichia coli at the frequency mentioned in schedule 3D, column 3 of the expired regulation; and
• (a) to test for chlorine residual or turbidity—daily;
• (b) to test for a class A+ parameter—weekly.

sec.69 Use of class A+ recycled water sample taken under expired regulation for annual value

This section applies if a sample of recycled water to be supplied as class A+ recycled water was taken to test for a class A+ parameter under section 18AE(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement. Section 58(2) applies to the sample as though the sample was taken for testing as required under section 58(1). (sec.69-ssec.1) This section applies if a sample of recycled water to be supplied as class A+ recycled water was taken to test for a class A+ parameter under section 18AE(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement. (sec.69-ssec.2) Section 58(2) applies to the sample as though the sample was taken for testing as required under section 58(1).

sec.70 Use of class A, B, C or D recycled water samples taken under expired regulation for annual value

This section applies if a sample of recycled water to be supplied as class A, B, C or D recycled water was taken to test for Escherichia coli under section 18AF(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement. Section 59(2) applies to the sample as though the sample was taken for testing as required under section 59(1). (sec.70-ssec.1) This section applies if a sample of recycled water to be supplied as class A, B, C or D recycled water was taken to test for Escherichia coli under section 18AF(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement. (sec.70-ssec.2) Section 59(2) applies to the sample as though the sample was taken for testing as required under section 59(1).

Transitional provision for Public Health (COVID-19) and Other Legislation Amendment Regulation 2020

sec.71 References to 2019-nCoV

A reference in a document to 2019-nCoV may, if the context permits, be taken to be a reference to COVID-19. s 71 ins 2020 SL No. 37 s 7

Confidentiality of information relating to notifiable conditions

Agreements with Commonwealth, State or entity

Agreements with State entity

Confidentiality of information relating to perinatal and maternal death statistics

Confidentiality of information relating to cancer notifications

Confidentiality of information relating to historical dust lung disease register

Interpretation

sch.4-sec.1 Definitions for schedule

In this schedule— confirms means confirms in writing. diagnosed , for a child with a contagious condition, means a doctor or laboratory test confirms the child has the condition. isolation period ... sch 4 s 1 def isolation period ins 2022 SL No. 170 s 17 (1) exp 31 October 2023 on the expiry of s 142A of the Act (see s 142S of the Act ) quarantine period ... sch 4 s 1 def quarantine period ins 2022 SL No. 170 s 17 (1) exp 31 October 2023 on the expiry of s 142A of the Act (see s 142S of the Act ) relevant contact , of a child for a contagious condition, means— for diphtheria—the child’s first close contact with a person (the infected person ) who is, or is suspected of being, infected with the condition during the period— starting 7 days before the onset of symptoms in the infected person; and ending when the treating doctor confirms 2 negative throat swabs have been taken from the person at the following times— the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic; the second swab taken at least 24 hours after the first swab; or for a contagious condition other than diphtheria—contact with a person who has been diagnosed with the condition while the person is infectious for the condition. relevant public health direction ... sch 4 s 1 def relevant public health direction ins 2022 SL No. 170 s 17 (1) exp 31 October 2023 on the expiry of s 142A of the Act (see s 142S of the Act ) suspected means suspected under chapter 5 of the Act . symptoms , for a contagious condition, means symptoms of the condition.

• (a) for diphtheria—the child’s first close contact with a person (the infected person ) who is, or is suspected of being, infected with the condition during the period— (i) starting 7 days before the onset of symptoms in the infected person; and (ii) ending when the treating doctor confirms 2 negative throat swabs have been taken from the person at the following times— (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic; (B) the second swab taken at least 24 hours after the first swab; or
• (i) starting 7 days before the onset of symptoms in the infected person; and
• (ii) ending when the treating doctor confirms 2 negative throat swabs have been taken from the person at the following times— (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic; (B) the second swab taken at least 24 hours after the first swab; or
• (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic;
• (B) the second swab taken at least 24 hours after the first swab; or
• (b) for a contagious condition other than diphtheria—contact with a person who has been diagnosed with the condition while the person is infectious for the condition.
• (i) starting 7 days before the onset of symptoms in the infected person; and
• (ii) ending when the treating doctor confirms 2 negative throat swabs have been taken from the person at the following times— (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic; (B) the second swab taken at least 24 hours after the first swab; or
• (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic;
• (B) the second swab taken at least 24 hours after the first swab; or
• (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic;
• (B) the second swab taken at least 24 hours after the first swab; or

sch.4-sec.2 Low risk of transmitting or contracting contagious condition

For this schedule, in deciding whether the risk of the child transmitting or contracting a contagious condition is low, the chief executive must consider— the way the contagious condition is transmitted; and the nature of the environment at the child’s school, education and care service or QEC approved service.

• (a) the way the contagious condition is transmitted; and
• (b) the nature of the environment at the child’s school, education and care service or QEC approved service.

Prescribed period for contagious condition for child suspected of having condition

Prescribed period for contagious condition for child suspected of not being vaccinated and at risk

Microorganisms

Chemical parameters