Public Health Act 1997

Public Health Act 1997

An Act to protect and promote the health of communities in the State and reduce the incidence of preventable illness

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Public Health Act 1997 .

2.   Commencement

This Act commences on a day or days to be proclaimed.

3.   Interpretation

In this Act –

activity includes any activity existing, proposed or partly completed or undertaken;

Advisory Committee means the Public Health Advisory Committee established under section 37 ;

Agency means an Agency as defined by the Tasmanian State Service Act 1984 ;

air-handling system means a system which directs air to and from an enclosure by means of ducts, devices, controls or other means;

Appeal Tribunal means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;

approved means approved by the Director;

area includes any geographic location;

authorised officer means –

(a) the Director; or

(b) a medical officer of health; or

(c) an environmental health officer;

certificate of authority means a certificate issued under section 31 ;

certificate of registration as user or supplier of private water means the certificate referred to in section 135 ;

certificate of registration of premises means the certificate referred to in section 98 ;

certificate of registration of regulated system means the certificate referred to in section 116 ;

cervical cancer means the malignant growth of human tissue in the uterine cervix which –

(a) if unchecked, is likely to spread to adjacent tissue and beyond its site of origin; and

(b) has a tendency to recur;

cervical cancer test means a test undertaken by any means to determine whether or not a person is suffering from cancer of the uterine cervix or any of its precursors;

Cervical Cytology Register means the register maintained under Division 1 of Part 7 ;

child means a person who has not attained the age of 18 years;

child-care facility means any facility used for the care of children;

closure order means a closure order and an interim closure order in force under Division 2 of Part 5 ;

consent means consent given –

(a) without any force, fraud or threat; and

(b) with knowledge and understanding of the medical and social consequences of the matter to which the consent relates;

contaminant means any substance declared under section 40 to be a contaminant;

council fee means a fee imposed by a council under section 185 ;

Director means the Director of Public Health appointed under section 6 ;

director, in relation to a body corporate, includes –

(a) a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position; and

(b) any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

disease includes –

(a) any sickness or illness which may cause a disruption of human body functions, systems or organs; and

(b) any notifiable disease; and

(c) any symptoms associated with a disease;

emergency declaration means a declaration made under section 14 ;

enclosed public place means a place for the use of the public which –

(a) has a ceiling or roof; and

(b) except for doors and passageways, is completely or substantially enclosed by walls or windows;

environmental health officer means a person appointed under section 10 or 11 ;

evaporative cooling system means a system which cools air by means of a cooling tower and associated equipment;

excluded person means a mortgagee, lessor or financial institution not having actual or complete control, access, use or management of a place, vehicle or other thing;

food means –

(a) any substance ordinarily consumed or intended to be consumed or represented as being for human consumption; and

(b) any constituent or ingredient of food; and

(c) any food additive; and

(d) any substance used or intended to be used in the preparation of food; and

(e) a substance declared under the Food Act 1998 to be food;

general manager means a general manager as defined in the Local Government Act 1993 ;

guidelines means guidelines issued under section 184 ;

health officer means –

(a) an environmental health officer; or

(b) a medical officer of health;

hot-water system means a system which heats and distributes water;

human pathogenic organism means –

(a) an organism declared under section 40 to be a human pathogenic organism; and

(b) any toxins produced by that organism;

humidifying system means a system which adds moisture to air;

information register means a register referred to in Division 2 of Part 7 ;

infringement notice means an infringement notice referred to in Division 6 of Part 8 ;

interim closure order means an order in force under section 87(2) ;

laboratory means a diagnostic laboratory whether associated with a hospital or not;

licensed premises has the meaning assigned to that expression in section 3 of the Liquor and Accommodation Act 1990 ;

medical examination includes –

(a) any psychological examination; and

(b) the taking of samples of any substance or secretion from the body;

medical officer of health means a person appointed under section 10 or 11 ;

nominated officer means –

(a) the Director; or

(b) a health officer; or

(c) a police officer; or

(d) any other approved person;

notifiable disease means a disease declared under section 40 to be a notifiable disease;

occupier, in relation to a place, means –

(a) a licensee and the holder of any right at law to use or carry on operations at that place other than an excluded person; or

(b) if a place is occupied by different persons in different parts –

(i) the person occupying each part; and

(ii) a licensee and the holder of any right at law to use or carry on operations in that place other than an excluded person;

owner includes –

(a) an occupier; and

(b) a person in charge of or operating any premises;

package includes –

(a) a box, carton, cylinder, packet, pouch, tin and wrapping; and

(b) the material or substance from which a package is made;

place of assembly includes –

(a) any place or area used for the entertainment of members of the public; and

(b) any place or area used for the assembly of members of the public for social and recreational purposes; and

(c) any school or other place or area used for community or public purposes;

place of assembly licence means a licence in force under Division 1 of Part 5 ;

premises includes –

(a) land; and

(b) a building or part of a building; and

(c) a structure or part of a structure; and

(d) fences, walls, outbuildings, service installations and other appurtenances of a structure; and

(e) a tent, stall or other temporary structure; and

(f) a boat or a pontoon;

private water source means a body of water which is not under the management or control of a council or other public authority or body;

public includes any person working in an enclosed public place;

public authority means –

(a) any council; or

(b) any body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or

(c) any body corporate established under an enactment or in the exercise of prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State;

public health means the physical, mental and social wellbeing of the community;

public health emergency means any situation in which a threat to public health is likely to occur;

public health risk activity means any activity which may result in the transmission of disease;

public notice means a notice published in the Gazette and a daily newspaper circulating generally in the State;

public place includes a place to which the public ordinarily has access, whether or not by payment or invitation;

publish includes –

(a) publish material in a printed format which is available to the public; or

(b) publish material by any electronic means; or

(c) publish material by radio or television transmission; or

(d) provide material in a cinematographic film or videotape which is available to the public; or

(e) provide material in a book or sound recording which is available to the public; or

(f) make known to the public in any other manner or by any other means;

record includes –

(a) a document and register; and

(b) an electronic record;

rectification notice means a notice in force under section 92 ;

register includes any method or database for the compilation of information;

registered means registered under this Act;

regulated system means –

(a) an air-handling system; or

(b) an evaporative cooling system; or

(c) a hot-water system; or

(d) a humidifying system;

sell includes –

(a) dispose by any method for valuable consideration; and

(b) barter or exchange; and

(c) dispose to an agent for sale on consignment; and

(d) offer or expose for sale; and

(e) keep or have in possession for sale; and

(f) agree to sell; and

(g) send, forward or deliver for sale; and

(h) dispose by way of raffle, lottery or other game of chance; and

(i) provide a sample;

smoking means the release of smoke or fumes by burning tobacco;

threat to public health means any event or circumstance which is likely to –

(a) damage, injure or compromise public health; or

(b) prevent or restrict the improvement of public health;

tobacco advertisement means writing, still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of 2 or more of them, that gives publicity to, or otherwise promotes or is intended to promote –

(a) the purchase or use of a tobacco product; or

(b) the trademark or brand name, or part of a trademark or brand name, of a tobacco product;

tobacco product means –

(a) tobacco in the form of any cigars or cigarettes; or

(b) any product of which tobacco is an ingredient; or

(c) any device designed or intended only for the use of tobacco;

tobacco product vending machine means a machine accessible to the public that sells tobacco product;

vehicle includes any vessel or aircraft;

warrant means a warrant issued under section 43 ;

water includes –

(a) any potable water; and

(b) any reticulated water; and

(c) any ground water; and

(d) any water supplied from tanks, dams or springs; and

(e) any recreational water; and

(f) any man-made, modified or natural body of water; and

(g) any water used in food processing or manufacturing processes; and

(h) any water in which shellfish or fish are grown or from which shellfish or fish are taken.

4.   Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

5.   Act prevails

Any provision of this Act which is inconsistent with a provision of any other Act prevails over the latter provision to the extent of that inconsistency.

PART 2 - Administration

Division 1 - Authorised officers

6.   Director of Public Health

(1)  A person is to be appointed as Director of Public Health subject to and in accordance with the Tasmanian State Service Act 1984 .

(2)  A person appointed under subsection (1) must –

(a) be a registered medical practitioner; and

(b) have qualifications in the area of public health.

7.   General functions and powers of Director

(1)  The functions of the Director are –

(a) to develop and implement strategies to promote and improve public health; and

(b) to ensure that the provisions of this Act are complied with; and

(c) to advise the Minister on any changes to this Act that may be necessary or appropriate; and

(d) to carry out any other function for the purpose of this Act the Minister determines.

(2)  The Director may do anything necessary or convenient to perform any functions under this Act.

(3)  The Minister may give the Director directions in respect of any power or function of the Director under this Act and the Director must comply with the directions.

8.   Report on public health

(1)  The Director is to submit to the Minister a report on the status of public health in the State –

(a) as soon as practicable after the commencement of this Act; and

(b) at 5-yearly intervals.

(2)  The Minister is to cause a report to be tabled in both Houses of Parliament.

9.   Delegation by Director

(1)  The Director may delegate any of his or her functions or powers, other than this power of delegation, to any person, class of person, public authority or Agency.

(2)  The Director is not to delegate any function or power to a council without that council's consent.

(3)  The Director is not to revoke a delegation to a council without consulting that council.

10.   Health officers

(1)  Subject to and in accordance with the Tasmanian State Service Act 1984 , persons with required qualifications may be appointed as environmental health officers or medical officers of health for the purpose of this Act.

(2)  A person employed by any Agency may be appointed as an environmental health officer or a medical officer of health and holds office in conjunction with that employment.

11.   Appointment of officers

(1)  The general manager of a council may appoint –

(a) persons who are registered medical practitioners as approved medical officers of health; or

(b) persons with approved qualifications as environmental health officers.

(2)  The general manager of a council, if required by the Director, must appoint –

(a) persons who are registered as medical practitioners as medical officers of health; or

(b) persons with approved qualifications as environmental health officers.

(3)  If the general manager of a council fails to appoint a person within 3 months after being required to do so under subsection (2) , the Director may make the appointment on behalf of the general manager on any terms the Director considers appropriate.

(4)  If the Director is satisfied that the general manager of a council has reasonable grounds for not appointing a person with approved qualifications as an environmental health officer, the Director may –

(a) allow the general manager to appoint a person who does not have those approved qualifications; or

(b) allow the general manager to appoint a person on any terms and conditions the Director determines; or

(c) exempt the general manager from being required to appoint a person.

12.   Approved qualifications

The Director may approve the qualifications required for appointment under section 10 or 11 generally or for a particular appointment.

13.   Functions of officers

(1)  The general manager of a council is to ensure that a medical officer of health and an environmental health officer carry out any functions the Director directs the council to carry out.

(2)  Medical officers of health and environmental health officers are to –

(a) ensure that the provisions of this Act are complied with within the municipal area in respect of which they are appointed; and

(b) assist in the preparation of any reports required to be made by a council under this Act.

Division 2 - Emergency powers

14.   Emergency declaration

(1)  The Director, by any means the Director considers appropriate, may declare that a public health emergency exists if –

(a) satisfied that the situation requires it; and

(b) it is not practicable for a declaration of a state of disaster under the Emergency Services Act 1976 to be made.

(2)  The declaration is to specify –

(a) the nature of the public health emergency; and

(b) any area to which the declaration relates; and

(c) the period during which the declaration is in force.

15.   Duration of emergency declaration

(1)  An emergency declaration comes into force on the date on which it is made and continues for –

(a) the period, not exceeding 2 days, specified in the declaration; or

(b) any further period as provided under subsection (2) .

(2)  The Director, may extend the period of an emergency declaration by a period or periods not exceeding 2 days.

16.   Directions of Director

(1)  After making an emergency declaration, the Director may take any action or give any directions to –

(a) reduce, remove or destroy any threat to public health; or

(b) segregate or isolate persons in any area; or

(c) evacuate any persons from any area; or

(d) prevent or permit access to any area; or

(e) control the movement of any vehicle.

(2)  The Director may give any one or more of the following directions:

(a) that any specified person undergo a medical examination;

(b) that any specified person move to, or stay in, a specified area;

(c) that any substance or thing be seized;

(d) that any substance or thing be destroyed;

(e) that any other action be taken the Director considers appropriate.

(3)  A person must comply with a direction of the Director in accordance with any relevant guidelines.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.

17.   Special powers

(1)  The Director may authorise persons or a class of persons for the purposes of this Division.

(2)  The Director may require any authorised person to assist in carrying out a direction under this Division.

(3)  An authorised person or police officer, in assisting in carrying out the direction, may –

(a) enter, by reasonable force if necessary, any place it is reasonably necessary to do so to –

(i) save human life; or

(ii) prevent injury to any person; or

(iii) rescue any injured or endangered person; and

(b) close any area, premises or vehicle; and

(c) close to traffic any road, street or other way on which traffic passes; and

(d) remove by reasonable force any person who fails to comply with the direction.

18.   Compensation

(1)  A person may apply to the Minister for reasonable compensation for any loss or damage suffered as a result of anything done under this Division.

(2)  Compensation is payable at an amount the Minister considers appropriate.

(3)  Compensation is not payable to any person who suffered any loss or damage because –

(a) of any action or inaction by that person that is not the result of a direction under this Division; or

(b) the loss or damage caused or contributed to the public health emergency.

19.   Report by Director

After an emergency declaration ceases to be in force, the Director is to submit to the Minister a report containing full details of –

(a) the events resulting in the making of the declaration; and

(b) any action taken under this Division; and

(c) any directions given under this Division.

Division 3 - Public health inquiries and investigations

20.   Holding of inquiry

The Director, with the approval of the Minister, may hold an inquiry in respect of –

(a) any matter concerning public health; or

(b) the administration of this Act.

21.   Procedure at inquiry

(1)  An inquiry is to be conducted –

(a) with as little formality and technicality as a proper consideration of the matter permits; and

(b) in accordance with any relevant guidelines.

(2)  The Director –

(a) is not bound by the rules of evidence; and

(b) must observe the rules of natural justice.

22.   Powers at inquiry

For the purpose of an inquiry, the Director may –

(a) require a person to appear and give evidence at the inquiry; and

(b) require a person to answer any relevant question; and

(c) take evidence on oath or affirmation; and

(d) require a person to take an oath or make an affirmation; and

(e) take statements and receive affidavits; and

(f) require the production of any relevant document.

23.   Report on inquiry

(1)  The Director is to submit to the Minister a report of the findings of an inquiry.

(2)  The Minister is to cause a copy of the Director's report to be tabled in both Houses of Parliament.

24.   Investigation

(1)  If a matter does not, in the opinion of the Director, justify an inquiry, the Director may carry out any necessary investigation into the matter.

(2)  In carrying out an investigation, the Director –

(a) has the powers specified in section 22 ; and

(b) may take any action the Director considers necessary to protect public health.

25.   Protection of Director

(1)  The Director, in exercising any power or performing any function under this Division, has the same protection and immunity as a judge of the Supreme Court.

(2)  A person required to attend at an inquiry or investigation as a witness has the same protection as a witness in a proceeding in the Supreme Court.

26.   Offences relating to inquiries and investigations

(1)  A person, without reasonable excuse, must not fail to –

(a) appear or give evidence if required to do so; or

(b) answer a question; or

(c) take an oath or make an affirmation; or

(d) produce a document.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person appearing at an inquiry or investigation must not knowingly give evidence that is false or misleading.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not hinder, obstruct or delay the conduct of an inquiry or investigation.

Penalty:  Fine not exceeding 50 penalty units.

Division 4 - Councils

27.   General functions of councils

(1)  A council, within its municipal area, must –

(a) develop and implement strategies to promote and improve public health; and

(b) ensure that the provisions of this Act are complied with; and

(c) carry out any other function for the purpose of this Act the Minister or Director determines.

(2)  A council must carry out any function under this Act in accordance with any relevant guidelines.

28.   Orders relating to functions

(1)  The Director may order –

(a) a council to exercise any power or perform any function under this Act; or

(b) any authorised officer to carry out in urgent circumstances a specified function of a council under this Act; or

(c) any authorised officer to perform any function under this Act in any municipal area.

(2)  If a council fails to exercise any power or perform any function, the Director may exercise the power or perform the function at the council's expense.

(3)  Before the Director makes an order or takes any action under this section in relation to a council, the Director, unless the circumstances require immediate action, is to –

(a) consult with the general manager of the council; or

(b) hold an inquiry to establish why the council has failed to perform any function.

(4)  A council may request the Director to exercise any of its powers or perform any of its functions at the council's expense.

29.   Power over wharves

A power or function of a council under this Act extends to any wharf that is in, or adjacent to, its municipal area.

Division 5 - Powers of councils and authorised officers

30.   Entry, inspection and seizure

(1)  For the purpose of this Act, an authorised officer or a person authorised by and acting on behalf of a council may at any reasonable time –

(a) enter, remain in and inspect any area, premises, body of water or vehicle; and

(b) inspect any thing found in or on any area, premises, body of water or vehicle; and

(c) mark, fasten, secure, take and remove a sample of any thing found in or on any area, premises, body of water or vehicle; and

(d) open any container, receptacle or package found in or on any area, premises, body of water or vehicle; and

(e) weigh, count, measure or gauge any thing found in or on any area, premises, body of water or vehicle; and

(f) seize any thing or record found in or on any area, premises, body of water or vehicle; and

(g) take any record found in or on any area, premises, body of water or vehicle for the purpose of copying it; and

(h) seal any area, premises, body of water or vehicle.

(2)  A person, other than the Director, may exercise a power under this section only if the person –

(a) provides a certificate of authority when requested by the owner of the area, premises, body of water or vehicle; and

(b) gives reasonable notice unless notice would defeat the purpose of the intended exercise of the power; and

(c) uses no more force than is necessary to exercise the power.

(3)  A person may require a police officer to assist in exercising any power under this section.

(4)  A person who seized any thing under subsection (1)(f) , by notice in writing served on the owner of the thing, must specify –

(a) the details of the thing seized; and

(b) the place to which the thing has been taken.

31.   Certificate of authority

(1)  The Director or a council is to issue a certificate of authority to an authorised officer.

(2)  A certificate of authority is to –

(a) state that it is issued for the purposes of this Act; and

(b) specify the powers which the authorised officer may exercise under it; and

(c) specify any expiry date.

32.   Production of records

(1)  A council or an authorised officer may require a person to produce any record required to be kept under this Act.

(2)  A council or an authorised officer may –

(a) examine any record produced under subsection (1) ; and

(b) remove the record for the purpose of paragraph (c) ; and

(c) take extracts from, or copies of, the record by any means.

33.   Production of things

A council or an authorised officer may require a person to produce for inspection any thing in the person's possession if –

(a) the council or the officer reasonably believes that it may disclose evidence of the commission of an offence under this Act; or

(b) it is otherwise necessary for the purposes of this Act.

34.   Production of licence

A council or an authorised officer may –

(a) require a person to produce for inspection any licence the person holds or should hold; and

(b) examine, remove and take photographs or copies of, or extracts or notes from, any licence.

35.   Photographs, sketches, measurements and recordings

For the purposes of this Act, a council or an authorised officer may –

(a) take any photograph, film or video recording; and

(b) take any copy of, or extract from, any record; and

(c) take any measurements; and

(d) make any sketches or drawing; and

(e) make any other recording by any other means.

36.   Information requirements

(1)  A council or an authorised officer may require a person to –

(a) give his or her full name and residential address; and

(b) give details of any licence, permit or exemption under this Act; and

(c) provide any information relating to public health reasonably required for the purposes of this Act.

(2)  A council or an authorised officer may require any person to give information about that person's or another person's activities in respect of any matter under this Act.

(3)  A person must comply with a requirement made under this section.

Penalty:  Fine not exceeding 50 penalty units.

Division 6 - Public Health Advisory Committee

37.   Public Health Advisory Committee

(1)  The Public Health Advisory Committee is established.

(2)  The Advisory Committee consists of 5 persons with appropriate expertise in the area of public health appointed by the Minister.

(3)  The Minister is to appoint one of the members as chairperson of the Advisory Committee.

(4)  Schedule 1 has effect with respect to membership and meetings of the Advisory Committee.

38.   Functions and powers of Advisory Committee

(1)  The Advisory Committee is to provide advice to the Minister and the Director on any matter relating to public health as the Minister and Director may determine.

(2)  The Advisory Committee may do anything necessary or convenient to perform its functions.

39.   Staff

(1)  Persons employed under the Tasmanian State Service Act 1984 may be appointed to assist the Advisory Committee to carry out its functions.

(2)  Any person appointed under subsection (1) holds office in conjunction with their office in the State Service.

PART 3 - Prevention and control of disease

Division 1 - Notifiable diseases

40.   Notifiable disease and contaminants

The Director, by public notice, may declare –

(a) a disease to be a notifiable disease; and

(b) an organism to be a human pathogenic organism; and

(c) a substance to be a contaminant.

41.   Medical examination

(1)  The Director, by notice in writing, may require a person to undergo a medical examination by a registered medical practitioner if the Director is aware or suspects on reasonable grounds that the person has a notifiable disease.

(2)  A person must comply with a requirement under subsection (1) within any period specified by the Director.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The Director must require a person to whom a direction is given under section 42 to undergo a medical examination as soon as practicable.

(4)  A registered medical practitioner is to provide the Director with a written report on the results of a medical examination undertaken under this section as soon as practicable.

42.   Directions of Director

(1)  The Director, by notice served on a person who the Director is aware or suspects on reasonable grounds has a notifiable disease, may require the person to comply with any one or more of the following directions:

(a) that the person be isolated in any place the Director determines;

(b) that the person be placed in quarantine in any place the Director determines;

(c) that the person be placed under the supervision of a specified person;

(d) that the person submit to further medical examination, medical testing, medical treatment or counselling;

(e) that the person disclose to a specified person the name and address of any other person with whom contact by that person may result or may have resulted in the transmission of the disease;

(f) that the person refrain from performing any specified work;

(g) that the person do anything or refrain from doing anything the Director determines.

(2)  A person must comply with a direction under subsection (1) .

Penalty:  Fine not exceeding 50 penalty units.

43.   Warrant by magistrate

(1)  The Director may apply to a magistrate for a warrant –

(a) to apprehend and detain or quarantine any person who fails to comply with a direction under section 42 ; and

(b) for that purpose, to enter any area, premises, body of water or vehicle.

(2)  The Director may apply for a warrant by telephone if the Director is of the opinion that the situation is an emergency.

(3)  A magistrate may issue a warrant for the apprehension, detention or quarantine of a person if satisfied that the circumstances justify it.

44.   Period of detention or quarantine

(1)  A person is to be detained or quarantined at a place determined by the Director under a warrant for a period –

(a) not exceeding 48 hours if the purpose is a medical examination; and

(b) in any other case, not exceeding 24 hours unless a magistrate orders otherwise.

(2)  A magistrate may order that a person be detained or quarantined for any period not exceeding 6 months.

(3)  On application made to it, the Supreme Court may order that a person be detained or quarantined for any period exceeding 6 months.

45.   Examination during detention or quarantine

The Director is to arrange for a person who is detained or quarantined under this section to be examined by a registered medical practitioner –

(a) at least once every 4 weeks; or

(b) at any shorter interval a magistrate, with the consent of the person, may order.

46.   Orders of magistrate

(1)  A person who is apprehended under a warrant issued under this Division is to be brought before a magistrate as soon as practicable.

(2)  A magistrate may –

(a) order the person to comply with any direction of the Director; and

(b) vary any direction of the Director; and

(c) add to any direction of the Director; and

(d) make any other order the magistrate considers appropriate.

47.   Appeal to Supreme Court

A person may appeal to the Supreme Court against an order of a magistrate under section 46 .

48.   Notification of disease and contaminant

(1)  The Director may require any person or class of person, Agency or public authority to notify the Director of the presence or occurrence in any water, food or sample of any tissue, substance or secretion of the human body of the following:

(a) any notifiable disease;

(b) any human pathogenic organisms;

(c) any contaminant.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A requirement or notification is to be made in accordance with any relevant guidelines.

49.   Reports and information by Director

(1)  The Director is to –

(a) provide a council with a report on the occurrence of –

(i) any notifiable disease within its municipal area; and

(ii) any human pathogenic organisms or contaminants in food or water within its municipal area; and

(b) inform the council of any threat to public health as a consequence of that occurrence.

(2)  The Director may give information to any person who may be directly affected by any occurrence of –

(a) any notifiable disease; or

(b) any human pathogenic organism or contaminant in food or water.

50.   Medical practitioner to provide information

(1)  A registered medical practitioner who believes on reasonable grounds that a person whom he or she is attending has a notifiable disease must –

(a) give the person any information about –

(i) the transmission and prevention of that disease; and

(ii) any other matter the Director determines; and

(b) arrange for the person to receive counselling in accordance with any relevant guidelines; and

(c) request the person to give relevant information in accordance with the relevant guidelines.

Penalty:  Fine not exceeding 25 penalty units.

(2)  It is a defence in any proceedings for an offence under subsection (1) for a registered medical practitioner to prove that the relevant information had already been given to the person by another registered medical practitioner.

51.   Transmitting disease

(1)  A person who is aware of having a notifiable disease –

(a) must take all reasonable measures and precautions to prevent the transmission of the disease; and

(b) must not knowingly or recklessly place another person at risk of contracting the disease.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  It is a defence in any proceedings for an offence under subsection (1) for a person to prove that the other person knew of, and voluntarily accepted, the risk of getting the disease.

52.   Investigation into occurrence of disease and contamination

(1)  The Director may carry out any investigation or inquiry into any occurrence of –

(a) any notifiable disease; or

(b) any human pathogenic organism or contaminant in food or water.

(2)  The Director may give any directions the Director considers necessary or appropriate after carrying out an investigation or inquiry.

(3)  A person must comply with a direction of the Director.

Penalty:  Fine not exceeding 100 penalty units.

53.   Orders to prevent spread of disease

(1)  The Director, by order, may require any person or class of person, Agency or public authority to take any specified action to stop, limit or prevent the spread of any notifiable disease to humans.

(2)  An order is to be carried out in accordance with any relevant guidelines.

(3)  An Agency, a public authority or a person must comply with an order.

Penalty:  Fine not exceeding 100 penalty units.

54.   Outbreak of disease

The Director, by public notice, may declare –

(a) that there is an outbreak of a notifiable disease in an area; or

(b) that the outbreak is over.

55.   Use of certain materials

The Director may require any Agency, public authority or person to keep, use or dispose of any contaminant, human pathogenic organism and any other material or substance capable of causing disease in humans in accordance with any relevant guidelines.

56.   Burial or removal of body to morgue

(1)  A medical officer of health may order a person to bury or remove a dead person's body to the nearest morgue if –

(a) the person is dead because of any notifiable disease and is lying in a dwelling in which persons live or sleep; or

(b) whatever the cause of death, the body is in such a state as to be dangerous to health.

(2)  Upon the certificate of a registered medical practitioner of the existence of the facts mentioned in subsection (1) , a justice may make an order as provided by that subsection.

(3)  If a body is not buried or removed as ordered, the relevant council is to cause the body to be buried or removed to a morgue, whichever is the more convenient.

Division 2 - Immunisation

57.   Council immunisation programs

(1)  A council must develop and implement an approved program for immunisation in its municipal area.

(2)  The Director may require a council to provide any information the Director determines relating to its immunisation program.

58.   Immunisation record at schools

(1)  A person in charge of a school or child-care facility must require the parent or guardian of a child about to attend that school or facility for the first time to produce, in respect of each notifiable disease specified by the Director –

(a) an immunisation certificate stating that the child –

(i) has been immunised against that disease; or

(ii) has not been immunised against that disease; or

(iii) has not been immunised against that disease because the person certifying the certificate believes on reasonable grounds that the child may suffer an adverse reaction to the immunisation; or

(b) a statutory declaration stating that the parent or guardian has a conscientious objection to immunisation against that disease; or

(c) a statutory declaration stating that the parent or guardian believes that the child has been immunised against that disease but cannot produce any immunisation certificate or other proof of immunisation.

(2)  A person in charge of a school or child-care facility is to maintain a record of all information relating to the immunisation of each child at that school or facility in accordance with the relevant guidelines.

59.   Immunisation certificate

An immunisation certificate –

(a) is to be in an approved form; and

(b) is to be completed by an approved person; and

(c) is conclusive proof of the facts stated in it.

60.   Attendance at and closure of school

(1)  A person in charge of a school or child-care facility which is located in an area to which a declaration of an outbreak of a notifiable disease relates must ensure, in accordance with the relevant guidelines, that a child enrolled at that school or facility who is not immunised against that disease does not attend the school or facility until the outbreak is declared to be over.

(2)  The Director may order the closure of a school or child-care facility if satisfied that it is necessary to do so to limit or prevent the spread of a notifiable disease.

Division 3 - Confidentiality

61.   Disclosure of information relating to notifiable disease

(1)  A person, unless authorised to do so under section 147 , must not disclose any information in relation to –

(a) any notification relating to a notifiable disease; or

(b) any investigation or inquiry into a notifiable disease; or

(c) the identity of any person to whom any notification, investigation or inquiry relates.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person who acquires information that a person has been or is required to be tested or has or had a notifiable disease must not disclose that information unless authorised to do so under section 147 .

Penalty:  Fine not exceeding 100 penalty units.

62.   Prohibition and restriction on publication

(1)  In any proceedings relating to a notifiable disease, a court of its own motion may make an order prohibiting or restricting the publication of any part of the proceedings if satisfied that it is in the best interest of a party to the proceedings to do so.

(2)  The Director or a party to any proceedings may apply to a court for an order referred to in subsection (1) .

(3)  If the Director or a party to any proceedings makes an application under subsection (2) , the onus is on the other party to the proceedings to show cause why the court should refuse the application.

PART 4 - Tobacco products

Division 1 - Under-age smoking

63.   Smoking by children

A child must not smoke or use any tobacco product.

64.   Sale to children

(1)  A person must not sell, lend, give or supply or offer to sell, lend, give or supply any tobacco product to, or for the use of, any child.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 100 penalty units.

(2)  A person who is the holder of a licence under the Tobacco Business Franchise Licences Act 1980 must not permit the sale, loan, gift or supply of any tobacco product to, or for the use of, any child.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 100 penalty units.

(3)  An employer who is not the holder of a licence under the Tobacco Business Franchise Licences Act 1980 must not permit any employee on or within 100 metres of any premises owned or occupied by the employer to sell, lend, give or supply any tobacco product to, or for the use of, any child.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 100 penalty units.

(4)  A person who sells any tobacco product must display a notice in the approved form in a conspicuous position in the place where it is sold.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 100 penalty units.

(5)  In any proceedings for an offence under subsection (1) it is a defence for a person to prove that credible proof of age was provided.

(6)  A person in charge of any premises which sells or supplies any tobacco product must provide to persons employed at the premises information according to the relevant guidelines about the sale and supply of tobacco products to children.

Penalty:  Fine not exceeding 5 penalty units.

(7)  Subsections (1) , (2) and (3) do not apply to a person who has taken reasonable steps to prevent the supply of any tobacco product to any child.

65.   Vending machines

(1)  The following persons are taken to have supplied any tobacco product to any person:

(a) a person responsible for a tobacco product vending machine;

(b) the owner or lessee of premises at which a tobacco product vending machine is situated if the owner or lessee carries on business in the area of the premises in which the machine is situated.

(2)  The owner or lessee of premises at which a tobacco product vending machine is situated and a person responsible for a tobacco product vending machine must ensure that –

(a) the machine is locked or otherwise secured so that a person is unable to obtain a tobacco product from the machine; or

(b) the machine is under the supervision of a person who is not a child so as to prevent a child from obtaining a tobacco product from the machine.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person must not permit a tobacco product vending machine to be operated on any premises other than licensed premises.

Penalty:  Fine not exceeding 25 penalty units.

(4)  The Director may formulate a code of practice for the use and placement of tobacco product vending machines.

(5)  A person must comply with the provisions of a code of practice formulated under subsection (4) .

Penalty:  Fine not exceeding 25 penalty units.

66.   Seizure of tobacco product

(1)  A nominated officer may seize any tobacco product being smoked or used by a child.

(2)  Any tobacco product seized under subsection (1) is forfeited to the Crown.

(3)  The Minister may destroy or dispose of any tobacco product forfeited under subsection (2) in any manner that the Minister considers appropriate.

67.   Warnings and information

(1)  A nominated officer who reasonably believes that a child has contravened a provision of this Division may –

(a) give the child a warning or a caution; and

(b) provide the child with approved information.

(2)  To exercise a power under subsection (1) , a nominated officer, with the approval of a parent or guardian of a child, may require the child to attend a specified place at a specified time as is reasonable in the circumstances.

(3)  A nominated officer may require a child to give –

(a) his or her name and address; and

(b) the name and address of his or her parent or guardian; and

(c) information relating to the identity of any person who supplied a tobacco product to the child.

(4)  A nominated officer may –

(a) notify a parent or guardian of a child of a contravention of this Part by the child; and

(b) provide the parent or guardian with approved information.

(5)  A manufacturer or supplier of any tobacco product must not provide incorrect information regarding the health effects of tobacco products.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units for the first offence and 10 000 penalty units for a subsequent offence; or

(b) a natural person, a fine not exceeding 250 penalty units for the first offence and 500 penalty units for a subsequent offence.

Division 2 - Display, advertising and packaging

68.   Supply of tobacco products

A person must not –

(a) supply, or be in possession of, any confectionery or toy that resembles or is intended to represent any tobacco product; or

(b) supply cigarettes to the public –

(i) in a package containing less than 20; or

(ii) otherwise than in a package.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

69.   Marketing device, plan or scheme

(1)  A person must not utilise any marketing device, plan or scheme, other than price discounting, which is dependent on the purchase of any tobacco product.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

(2)  If a person uses price discounting as a marketing device, plan or scheme, that person must not advertise the price discounting.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

70.   Display of tobacco products and advertisements

(1)  A person must not display a tobacco advertisement for any direct or indirect benefit so that it can be seen or heard in or from a public place.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

(2)  Subsection (1) does not apply to –

(a) a tobacco advertisement in or on a newspaper or book, the sole or main purpose of which is not the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product; or

(b) a tobacco advertisement in or on a packet containing a tobacco product if –

(i) the advertisement does not extend beyond the border of the packet or carton; and

(ii) the only writing on, or attached to the packet was done by the manufacturer before the wholesale transaction; or

(c) a tobacco advertisement that is –

(i) part of a live stage performance; or

(ii) an incidental accompaniment to a film or video tape that is not wholly or mainly concerned with the promotion of tobacco products; or

(d) any other matter or activity or class of matter or activity declared by the Minister by order.

(3)  A person must not display –

(a) more than 5 packets of a size specified in any relevant guidelines of each tobacco product available at any one time at one point of sale; or

(b) any tobacco product within a distance of 75 centimetres from any confectionery unless –

(i) the distance cannot be practicably maintained; and

(ii) the Director exempts the person from this subsection.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

(4)  A person, unless the contrary is proved, is presumed to display a tobacco advertisement for a direct or indirect benefit if the advertisement contains –

(a) the name of the manufacturer or distributor of the tobacco product; or

(b) a trademark of which a manufacturer or distributor of the tobacco product is the registered proprietor or the registered user within the meaning of the Trade Marks Act 1955 of the Commonwealth; or

(c) a brand name used by the manufacturer or distributor of the tobacco product.

(5)  Unless the contrary is proved, a tobacco advertisement is presumed to be designed to promote or publicise a tobacco product if it contains the trademark or brand name of a tobacco product.

71.   Display on machines

A person responsible for a tobacco product vending machine or a device for storing or securing tobacco products must ensure that the machine or device does not display any tobacco advertising or wording, other than wording specified in any relevant guidelines.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

72.   Removal of advertisement or product

A person must ensure that any tobacco advertisement or tobacco product that is displayed in contravention of section 70 or 71 is removed or covered up within 3 months after the commencement of this Act.

Penalty:  Fine not exceeding 50 penalty units.

73.   Packaging of tobacco product

The manufacturer or distributor of any tobacco product must ensure that a tobacco product is packaged and labelled in accordance with any relevant guidelines.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and

(b) for a subsequent offence, 200 penalty units.

74.   False information relating to legislation

A manufacturer or supplier of any tobacco product must not provide to any person information regarding any legislation or enactment of any jurisdiction relating to tobacco control that is false.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units for the first offence and 10 000 penalty units for a subsequent offence; or

(b) a natural person, a fine not exceeding 250 penalty units for the first offence and 500 penalty units for a subsequent offence.

PART 5 - Premises

Division 1 - Places of assembly

75.   Licence to operate place of assembly

A person, without a place of assembly licence, must not –

(a) operate, use or manage a place as a place of assembly; or

(b) conduct any entertainment at a place of assembly; or

(c) lease or offer for lease a place as a place of assembly.

Penalty:  Fine not exceeding 100 penalty units.

76.   Application for licence

(1)  A person may apply to the relevant council for a place of assembly licence.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council; and

(c) accompanied by the applicable council fee.

77.   Grant or refusal of licence

(1)  A council may –

(a) grant an application for a place of assembly licence for a specific event or for general purposes subject to any conditions; or

(b) refuse to grant the application.

(2)  In determining an application, a council is to consider the following matters:

(a) the maintenance of peace and good order;

(b) the prevention of noise, smell, pollution or other nuisances;

(c) the effect of traffic on highways;

(d) whether the place of assembly is capable of being operated, used or managed in accordance with any relevant guidelines;

(e) the protection of public health.

(3)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

78.   Issue of licence

If a council grants an application for a place of assembly licence, it is to –

(a) issue the licence; and

(b) endorse the licence with any conditions; and

(c) specify on the licence –

(i) the place to which it relates; and

(ii) the name of the person to whom it is issued; and

(iii) the date of issue of the licence.

79.   Operating place of assembly

The holder of a place of assembly licence must operate, use or manage the place –

(a) in accordance with –

(i) any condition of the licence; and

(ii) any relevant guidelines; and

(b) in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 50 penalty units.

80.   Duration of licence

A place of assembly licence remains in force for whichever of the following periods is the lesser:

(a) the period specified in the licence;

(b) a period of 12 months from the date of issue of the licence.

81.   Renewal of licence

(1)  The holder of a place of assembly licence may apply to the relevant council to renew the licence.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council within 60 days before the licence ceases to be in force; and

(c) accompanied by the applicable council fee.

(3)  In determining an application, the council is to consider –

(a) the matters referred to in section 77(2) ; and

(b) the manner in which the place of assembly operated under the licence.

(4)  A council may –

(a) grant the application subject to any conditions; or

(b) refuse to grant the application.

(5)  The council must grant or refuse to grant the application within 40 days after it is lodged.

(6)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

(7)  The provisions of sections 78 , 79 and 80 apply to the renewal of a licence as if it were an original licence.

82.   Variation of licence

(1)  A council, on its own volition or on application, may vary a place of assembly licence by omitting, substituting or amending any condition of the licence.

(2)  Before varying a place of assembly licence, the council is to consider –

(a) the matters referred to in section 77(2) ; and

(b) the manner in which the place of assembly operated under the licence.

(3)  The council, by notice in writing served on the holder of a place of assembly licence, must notify any variation of the licence.

(4)  The variation of a place of assembly licence takes effect –

(a) if an appeal is not lodged under section 161(1)(d) , 30 days after service of the notice; or

(b) if an appeal is lodged under section 161(1)(d) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

83.   Cancellation of licence

(1)  A council may cancel a place of assembly licence if –

(a) the holder of the licence fails to comply with a condition; or

(b) the holder of the licence fails to comply with any relevant guidelines; or

(c) the holder of the licence is convicted of an offence in respect of the place to which the licence relates; or

(d) the place to which the licence relates has undergone substantial alteration so that –

(i) compliance with any condition of the licence or this Act is significantly affected; or

(ii) the use of the place has substantially changed.

(2)  The council, by notice in writing served on the holder of a place of assembly licence, must notify the cancellation of the licence.

(3)  The cancellation of a place of assembly licence takes effect –

(a) if an appeal is not lodged under section 161(1)(e) , 14 days after service of the notice; or

(b) if an appeal is lodged under section 161(1)(e) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

84.   Overcrowding

(1)  A person must not admit or allow to be admitted into a place of assembly a number of persons that exceeds the total number of persons that, as a condition of the place of assembly licence relating to that place, may be admitted to that place.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A council, an authorised officer, a police officer, a person authorised by the Commissioner for Licensing under the Liquor and Accommodation Act 1990 or a person authorised by the State Fire Commissioner under the Fire Service Act 1979 may –

(a) cause the doors of a place of assembly to be closed if –

(i) there are sufficient persons to occupy the place completely; or

(ii) the total number of persons admitted to the place is the number of persons that, under a place of assembly licence relating to the place, may be admitted to the place; or

(b) evacuate the place of assembly if –

(i) there are more than sufficient persons to occupy the place completely awaiting entry and the situation is likely to pose a threat to public health; or

(ii) the total number of persons admitted to the place exceeds the number that, under such a licence, may be admitted to the place; or

(c) cause any event occurring at that place of assembly to be cancelled in circumstances referred to in paragraph (b) .

85.   Proof and evidence in proceedings

(1)  In any proceedings for an offence under this Division, the defendant must prove that –

(a) a place of assembly licence is in force in respect of a place of assembly; or

(b) a place is, or is not, a place of assembly; or

(c) a condition of the licence was complied with.

(2)  A statement in a complaint alleging that a place was being operated, used or managed as a place of assembly without a place of assembly licence is evidence of that fact.

Division 2 - Unhealthy premises

86.   Unhealthy premises

(1)  An environmental health officer may issue a certificate to a relevant council stating that specified premises are so unhealthy that no person can safely occupy them.

(2)  The Director may issue directions as to the matters which may be taken into account in determining whether or not occupied premises are unhealthy for the purpose of subsection (1) .

(3)  A building surveyor may provide a relevant council with a report in respect of specified premises stating –

(a) the state of the premises; and

(b) whether, how and at what cost the premises can be put in reasonable order.

87.   Closure order

(1)  A council may make a closure order upon receipt of –

(a) the certificate from an environmental health officer under section 86(1) ; and

(b) a report from a building surveyor under section 86(3) .

(2)  On receipt of a certificate under section 86(1) but before receipt of a report under section 86(3) , a council may make an interim closure order if satisfied that it is necessary for the health of any person.

(3)  A closure order may –

(a) require the owner of premises, within a specified period of not less than 21 days, to do any works the council considers necessary to put the premises in a state safe for human occupation; and

(b) forbid human occupation or habitation of the premises after a date specified in the order.

(4)  In determining whether premises can be put in a state safe for human occupation at a reasonable cost, the council is to have regard to –

(a) the estimated cost of what is ordered or proposed to be done to the premises; and

(b) the estimated value of the premises if that were done.

(5)  If within the period specified in the closure order or within any further period the council allows the owner does not complete the specified works, the council may cause the works to be completed at the owner's expense.

(6)  If the council is satisfied that the premises cannot be put in a state safe for human occupation at a reasonable cost or that the owner is unlikely to comply with the closure order, it may –

(a) forbid human occupation or habitation; or

(b) at the owner's expense, cause the premises to be demolished.

(7)  The owner of premises to which a closure order relates must not –

(a) require any occupier of the premises to carry out any works specified in the order; or

(b) require the occupier to pay the cost of those works.

Penalty:  Fine not exceeding 100 penalty units.

88.   Service of closure order

A council is to cause a copy of a closure order to be –

(a) served on the owner and the occupier of the premises; and

(b) affixed to a conspicuous part of the premises.

89.   Revocation of closure order

The council, on its own motion or on the application of any person and by notice in writing, may revoke a closure order if –

(a) the building surveyor or a person approved by the building surveyor certifies that the works required for the order have been properly carried out; or

(b) the environmental health officer certifies that the premises have become safe for human occupation or habitation.

90.   Occupation or habitation during order

A person, contrary to a closure order, must not –

(a) let for human occupation or habitation premises which are subject to the order; or

(b) occupy or inhabit the premises; or

(c) knowingly allow human occupation or habitation of the premises.

Penalty:  Fine not exceeding 100 penalty units.

91.   Defective and unhealthy premises

Premises used, intended to be used or capable of being used for human habitation or occupation have a defect and are unhealthy if the premises are in a condition which an authorised officer reasonably believes is, or is likely to become, offensive, injurious or prejudicial to health.

92.   Rectification notice

(1)  A council, on the advice of an environmental health officer or building surveyor, is to serve a rectification notice in an approved form on –

(a) a person by whose act or default any defect in premises arises or continues or, if that person cannot be ascertained or found, the owner of the premises; or

(b) the owner of premises if –

(i) any defect in the premises arises from any fault of the components of the premises; and

(ii) the premises are unoccupied.

(2)  A rectification notice requires the person on whom it is served to rectify any defect –

(a) in a specified manner; and

(b) within a specified period.

(3)  A person, without reasonable excuse, must not fail to comply with the notice.

Penalty:  Fine not exceeding 75 penalty units and a daily fine not exceeding 5 penalty units.

(4)  If a person fails to comply with a notice, the council may cause any necessary work to be carried out at that person's expense.

(5)  The person to whom a rectification notice in respect of premises is served must not –

(a) require any occupier of the premises to carry out anything specified in the notice; or

(b) require the occupier to pay the cost of carrying out anything specified in the notice.

(6)  A council, upon the certificate of an environmental health officer or building surveyor that the condition of the premises is no longer, or is not likely to become, offensive, injurious or dangerous to health, is to revoke a rectification notice.

93.   Notice of closure order or rectification notice

A council is to specify in a certificate under section 337 of the Local Government Act 1993 the existence of any closure order or rectification notice affecting any land to which the certificate relates.

Division 3 - Registration of premises

94.   Application of Division 3

(1)  This Division applies to any premises or class of premises which are used for any public health risk activity by a person who is not a registered person.

(2)  A registered person means a person carrying out an activity under any of the following Acts:

(a) Chiropractors Registration Act 1982 ;

(b) Dental Act 1982 ;

(c) Hospitals Act 1918 ;

(d) Medical Practitioners Registration Act 1996 ;

(e) Nursing Act 1995 ;

(f) Optometrists Registration Act 1994 ;

(g) Pharmacy Act 1908 ;

(h) Physiotherapists' Registration Act 1951 ;

(i) Podiatrists Registration Act 1995 ;

(j) Psychologists Registration Act 1976 ;

(k) Radiographers Registration Act 1971 .

95.   Registration of premises

(1)  The Director, by public notice, may require any premises or class of premises in which a specified public health risk activity is carried out to be registered.

(2)  A person must comply with a requirement under subsection (1) .

Penalty:  Fine not exceeding 100 penalty units.

96.   Application to register premises

(1)  A person may apply to the relevant council for premises to be registered under this Division.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council; and

(c) accompanied by the applicable council fee.

97.   Grant or refusal of registration of premises

(1)  A council may –

(a) grant an application for the registration of premises where a public risk activity may be carried out subject to any conditions; or

(b) refuse to grant the application.

(2)  In determining an application, the council is to consider –

(a) whether the premises are capable of being operated in accordance with any relevant guidelines; and

(b) the protection of public health.

(3)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

98.   Issue of certificate of registration of premises

If a council grants an application for the registration of premises under section 97 , it is to –

(a) issue a certificate of registration in an approved form; and

(b) endorse the certificate with any conditions; and

(c) specify on the certificate –

(i) the premises to which it relates; and

(ii) the date of issue of the certificate.

99.   Operation of registered premises

The owner and occupier of registered premises must ensure that the premises are operated –

(a) in accordance with –

(i) any condition of the registration; and

(ii) the relevant guidelines; and

(b) in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 50 penalty units.

100.   Duration of registration of premises

The registration of premises under this Division remains in force for whichever of the following periods is the lesser:

(a) the period specified in the certificate of registration of premises;

(b) a period of 12 months from the date of issue of that certificate.

101.   Renewal of registration of premises

(1)  A person may apply to the relevant council to renew the registration of premises.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council within 60 days before the registration ceases to be in force; and

(c) accompanied by the applicable council fee.

(3)  The council may –

(a) grant the application subject to any conditions; or

(b) refuse to grant the application.

(4)  In determining an application, the council is to consider –

(a) the manner in which the premises have been operated during its registration; and

(b) the protection of public health.

(5)  The council must grant or refuse to grant the application within 30 days after it is lodged.

(6)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

(7)  Sections 98 , 99 and 100 apply to the renewal of registration of premises as if it were the original registration.

102.   Variation of registration of premises

(1)  A council, on its own volition or on application, may vary the registration of premises by omitting, substituting or amending any condition of the registration.

(2)  Before varying the registration of premises, the council is to consider –

(a) the manner in which the premises are being operated; and

(b) the protection of public health.

(3)  The council, by notice in writing served on the holder of the certificate of registration of premises, must notify any variation of the registration.

(4)  The variation of the registration of premises takes effect –

(a) if an appeal is not lodged under section 162(1)(d) , 30 days after service of the notice; or

(b) if an appeal is lodged under section 162(1)(d) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

103.   Cancellation of registration of premises

(1)  A council may cancel the registration of premises if –

(a) a condition of the registration has not been complied with; or

(b) the person who applied for the registration is convicted of an offence in respect of the premises to which the registration relates; or

(c) the premises to which the registration relates has undergone substantial alteration so that –

(i) compliance with this Act or any condition of the registration is significantly affected; or

(ii) the use of the premises has substantially changed.

(2)  The council, by notice in writing served on the holder of the certificate of registration of premises, must notify the cancellation of the registration.

(3)  The cancellation of the registration of premises takes effect –

(a) if an appeal is not lodged under section 162(1)(e) , 14 days after service of the notice; or

(b) if an appeal is lodged under section 162(1)(e) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

Division 4 - Public health risk activities

104.   Licence to carry out public health risk activity

(1)  The Director, by public notice, may require any person or class of person who carries out a specified public health risk activity to be licensed.

(2)  A person must comply with a requirement under subsection (1) .

Penalty:  Fine not exceeding 100 penalty units.

105.   Application for licence

(1)  A person may apply to the relevant council for a licence to carry out a public health risk activity.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council; and

(c) accompanied by the applicable council fee.

106.   Grant or refusal of licence

(1)  A council may –

(a) grant an application for a licence to carry out any public health risk activity subject to any conditions; or

(b) refuse to grant the application.

(2)  In determining an application, the council is to consider –

(a) whether the applicant is competent to undertake the activity in accordance with any relevant guidelines; and

(b) the protection of public health.

(3)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

(4)  A condition of a licence may require the holder of the licence to provide information in accordance with any relevant guidelines.

107.   Issue of licence

If a council grants an application for a licence to carry out any public health risk activity, it is to –

(a) issue the licence in an approved form; and

(b) endorse the licence with any conditions; and

(c) specify on the licence –

(i) the name of the person to whom it is issued; and

(ii) the date of issue of the licence.

108.   Duration of licence

A licence to carry out any public health risk activity remains in force for whichever of the following periods is the lesser:

(a) the period specified in the licence;

(b) a period of 12 months from the date of issue of the licence.

109.   Carrying out public health risk activities

The holder of a licence to carry out public health risk activities must carry out those activities –

(a) in accordance with –

(i) any condition of the licence; and

(ii) any relevant guidelines; and

(b) in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 50 penalty units.

110.   Renewal of licence

(1)  The holder of a licence to carry out any public health risk activity may apply to the relevant council to renew the licence.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council within 60 days before the licence ceases to be in force; and

(c) accompanied by the applicable council fee.

(3)  The council may –

(a) grant the application subject to any conditions; or

(b) refuse to grant the application.

(4)  In determining an application, the council is to consider –

(a) the manner in which the applicant undertook the activity under the licence; and

(b) the protection of public health.

(5)  The council must grant or refuse to grant an application within 30 days after it is lodged.

(6)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

(7)  Sections 107 , 108 and 109 apply to the renewal of a licence to carry out any public health risk activity.

111.   Variation of licence

(1)  A council, on its own volition or on application, may vary a licence to carry out any public health risk activity by omitting, substituting or amending any condition of the licence.

(2)  Before varying a licence, the council is to consider –

(a) the manner in which the holder of the licence carried out the activity; and

(b) the protection of public health.

(3)  The council, by notice in writing served on the holder of the licence, must notify variation of the licence.

(4)  The variation of a licence takes effect –

(a) if an appeal is not lodged under section 163(1)(d) , 30 days after service of the notice; or

(b) if an appeal is lodged under section 163(1)(d) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

112.   Cancellation of licence

(1)  A council may cancel a licence to carry out any public health risk activity if –

(a) a condition of the licence has not been complied with; and

(b) a provision of any relevant guidelines has not been complied with.

(2)  The council, by notice in writing served on the holder of the licence, must notify the cancellation of the licence.

(3)  The cancellation of a licence takes effect –

(a) if an appeal is not lodged under section 163(1)(e) , 14 days after service of the notice; or

(b) if an appeal is lodged under section 163(1)(e) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

Division 5 - Systems for air and water

113.   Registration of regulated system

(1)  The owner of any premises where a regulated system is installed must not operate that system unless the system is registered.

Penalty:  Fine not exceeding 100 penalty units.

(2)  The Director, by order published in the Gazette, may determine that subsection (1) does not apply to a regulated system.

(3)  An order may specify –

(a) the period during which it remains in force; and

(b) any conditions to which or circumstances in which it applies; and

(c) the area in which it applies; and

(d) the class of a regulated system to which it applies.

(4)  The Director may revoke an order.

114.   Application to register regulated system

(1)  The owner of any premises may apply to the relevant council for the registration of any regulated system.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council; and

(c) accompanied by the applicable council fee.

115.   Grant or refusal of registration of regulated system

(1)  A council may –

(a) grant the application subject to any conditions; or

(b) refuse to grant the application.

(2)  In determining an application, the council is to consider –

(a) whether the system may be operated and maintained in accordance with any directions under section 118 , relevant guidelines or regulations; and

(b) the protection of public health.

(3)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

116.   Issue of certificate of registration

If a council grants an application for the registration of a regulated system, it is to –

(a) issue a certificate of registration in an approved form; and

(b) endorse the certificate with any conditions; and

(c) specify on the certificate –

(i) the premises to which it relates; and

(ii) the details of the regulated system to which it relates; and

(iii) the date of issue of the certificate.

117.   Operation of registered regulated system

(1)  The owner of any premises where any registered system is installed must ensure that the system is operated and maintained –

(a) in accordance with –

(i) any condition of the registration; and

(ii) any directions under section 118 or relevant guidelines; and

(b) in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 100 penalty units.

(2)  In any proceedings for an offence under subsection (1) , it is a defence for the owner to prove that he or she engaged a person to operate or maintain the registered system in accordance with –

(a) any condition of the registration; or

(b) any direction under section 118 or relevant guidelines.

(3)  A person who is engaged by an owner of premises to operate or maintain a registered system on the premises must do so in accordance with any directions under section 118 or relevant guidelines.

Penalty:  Fine not exceeding 100 penalty units.

118.   Directions on operating system

(1)  The Director may give any directions to a person or a council the Director considers necessary in respect of the operation and maintenance of a registered regulated system.

(2)  A direction which is inconsistent with any provision of any relevant guidelines prevails over the latter provision to the extent of that inconsistency.

(3)  A person must comply with a direction.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person who fails to comply with any relevant guidelines in order to comply with a direction is not guilty of any offence relating to that non-compliance.

119.   Notice to comply with direction

(1)  A council may serve a notice on the owner of premises where a registered system is installed requiring that the owner –

(a) comply with a specified direction under section 118 or any relevant guidelines relating to the system within a specified period; and

(b) does not operate the system until the council is satisfied that the specified direction or relevant guidelines have been complied with.

(2)  A person must comply with a notice.

Penalty:  Fine not exceeding 100 penalty units.

(3)  If the owner of premises does not comply with a notice the council or any other person on behalf of the council may –

(a) do anything necessary to comply with the notice at the owner's expense; and

(b) for that purpose, enter the premises at any reasonable time.

120.   Duration of registration

The registration of a regulated system remains in force for whichever of the following periods is the lesser:

(a) the period specified in the certificate of registration of the regulated system;

(b) a period of 12 months from the date of issue of the certificate of registration.

121.   Renewal of registration

(1)  A person may apply to the relevant council to renew the registration of any regulated system.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council within 60 days before the registration ceases to be in force; and

(c) accompanied by the applicable council fee.

(3)  The council may –

(a) grant the application subject to any conditions; or

(b) refuse to grant the application.

(4)  In determining an application, the council is to consider –

(a) the manner in which the premises, vehicle or equipment have been operated during the period of registration; and

(b) the protection of public health.

(5)  The council must grant or refuse to grant the application within 30 days after it is lodged.

(6)  The council, by notice in writing served on the applicant, must notify –

(a) the granting of the application; or

(b) the refusal to grant the application.

(7)  Sections 116 , 117 , 118 , 119 and 120 apply to the renewal of registration as if it were the original registration.

122.   Variation of registration

(1)  A council, on its own volition or on application, may vary the registration of any regulated system by omitting, substituting or amending any condition of the registration.

(2)  Before varying registration of any regulated system, the council is to consider –

(a) the manner in which the premises where they are installed are being operated; and

(b) the protection of public health.

(3)  The council, by notice in writing served on the holder of the certificate of registration of a regulated system, must notify any variation of the registration.

(4)  The variation of the registration takes effect –

(a) if an appeal is not lodged under section 164(1)(d) , 30 days after service of the notice; or

(b) if an appeal is lodged under section 164(1)(d) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

123.   Cancellation of registration

(1)  A council may cancel the registration of any regulated system if –

(a) any condition of the registration, directions or relevant guidelines has not been complied with; or

(b) the premises have undergone substantial alteration so that –

(i) compliance with this Act or any condition of the registration is significantly affected; or

(ii) the use of the premises has substantially changed.

(2)  The council, by notice in writing served on the holder of the certificate of registration of a regulated system, must notify the cancellation of the registration.

(3)  The cancellation of the registration takes effect –

(a) if an appeal is not lodged under section 164(1)(e) , 30 days after service of the notice; or

(b) if an appeal is lodged under section 164(1)(e) and a magistrate makes an order under section 167(1)(a) , on the day the order was made.

Division 6 - Miscellaneous

124.   Occupied premises

For the purposes of this Part, premises which have been occupied and which may again be occupied are taken to be occupied.

125.   Agreements and contracts

Any agreement or contract made with the purpose or effect of evading or preventing the operation of this Part is of no effect.

126.   Inspection and assessment of premises

The inspection and assessment of premises under this Part are to be carried out in accordance with any relevant guidelines.

127.   Safeguards for public use of premises

The owner and occupier of any premises to which the public has access must comply with any relevant guidelines relating to the safeguards of the health of any person likely to use the premises.

Penalty:  Fine not exceeding 50 penalty units.

PART 6 - Water

Division 1 - Orders and notices

128.   Notification of quality of water

(1)  An Agency, public authority or person managing or in control of water must –

(a) manage the water in a manner that does not pose a threat to public health; and

(b) on becoming aware that the quality of the water is, or is likely to become, a threat to public health, notify the Director in accordance with any relevant guidelines.

Penalty:  Fine not exceeding 25 penalty units.

(2)  The Director is to notify a council of any notification received under subsection (1) in relation to water within its municipal area.

(3)  If a council receives a report from an environmental health officer that the quality of water is, or is likely to become, a threat to public health, the council must take any necessary and practicable action in accordance with any relevant guidelines to prevent the threat by –

(a) restricting or preventing the use of the water; or

(b) restricting or preventing the use of any food product in which the water has been used; or

(c) rendering the water safe; or

(d) giving warnings and information to the public about the safe use of the water or risk of using the water.

129.   Orders relating to water quality

(1)  The Director or a council may make any one or more of the following orders if satisfied that the quality of water is, or is likely to become, a threat to public health:

(a) an order closing the supply of the water;

(b) an order restricting or preventing the use of the water;

(c) an order restricting or preventing the use of any food products in which the water has been used;

(d) an order restricting or preventing the taking, harvesting or public supply of fish or shellfish from the water or which have been in the water;

(e) an order requiring the water to be brought to an approved standard;

(f) an order requiring the relevant Agency, public authority or person to provide a temporary alternative supply of water.

(2)  A person must not fail to comply with an order.

Penalty:  Fine not exceeding 100 penalty units.

(3)  The Director or a council may –

(a) give warnings and information to the public about the safe use of the water; and

(b) do anything necessary and practicable to render the water safe.

Division 2 - Monitoring water quality

130.   Monitoring and review

(1)  A council is to monitor the quality of water within its municipal area in accordance with any relevant guidelines.

(2)  The Director, by notice in writing, may require any Agency, public authority or person to monitor the quality of water under its management or control.

(3)  Any Agency, public authority or person required to monitor the quality of water is to provide the Director with a report of its findings as the Director requires.

131.   Samples

(1)  An authorised officer or a council may take a sample from any water.

(2)  The Director may require any Agency, public authority or person to take a sample of any water under its management or control.

(3)  Any sample taken under this section is to be analysed and tested in accordance with the requirements of the Director.

(4)  A person who analyses or tests a sample taken under subsection (2) is to forward the result of the analysis or test to the Director as soon as practicable.

132.   Health evaluation

(1)  The Director may require any Agency, public authority or person to carry out a health evaluation of any water under its management or control.

(2)  A health evaluation is to be carried out in an approved manner.

(3)  If any Agency, public authority or person fails to comply with this section, the Director may direct an authorised officer to carry out the health evaluation at the expense of the Agency, public authority or person in accordance with any relevant guidelines.

Division 3 - Registration of user or supplier of private water

133.   Registration

(1)  Any Agency, public authority or person must not use or supply water obtained from a private water source for any purpose relating to the provision of service or goods to the public unless registered under this Division.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who uses or supplies water for purposes other than public purposes may apply to be registered under this Division.

134.   Application for registration

(1)  A person may apply to the relevant council to be registered as a user or supplier of water from a private water source.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the general manager of the council; and

(c) accompanied by the applicable council fee.

135.   Issue of certificate of registration

On receipt of an application under section 134 , a council is to –

(a) issue a certificate of registration in an approved form as a user or supplier of private water subject to any condition it considers appropriate in the interests of public health; and

(b) specify on the certificate –

(i) the name and address of the person to whom it is issued; and

(ii) the water to which it applies; and

(iii) those conditions; and

(iv) the date of issue of the certificate.

136.   Cancellation of registration

The holder of a certificate of registration to use or supply private water may cancel the registration by surrendering the certificate to the relevant council.

PART 7 - Registers

Division 1 - Cervical Cytology Register

137.   Cervical Cytology Register

The Director must compile and maintain a Cervical Cytology Register.

138.   Use of information on Cervical Cytology Register

The Director is to use the information contained in the Cervical Cytology Register for the following purposes:

(a) to provide for notification to any person whose cervical cancer test results are normal of the appropriate time for the next cervical cancer test;

(b) to ensure that there are appropriate follow-up procedures for any person whose cervical cancer test results are abnormal;

(c) to make available any cervical cancer test result for a person on the Register to the person, the person's medical practitioner and a laboratory engaged by, or on behalf of, the person;

(d) to provide comparative data from laboratories to encourage consistency of performance;

(e) to provide epidemiological data in order to –

(i) monitor participation rates and patterns; and

(ii) assist program planning; and

(iii) provide a database for use in research into cancer, its alleviation and its prevention; and

(iv) assist the compilation of comparative data by any approved organisation; and

(v) increase public awareness by the publication of statistical profiles.

139.   Disclosing information in Cervical Cytology Register

A person must not disclose any information contained in the Cervical Cytology Register which relates to a person on that Register unless –

(a) the person has consented, in writing, to the disclosure; or

(b) the information is provided to the person's medical practitioner or to the person in charge of a laboratory engaged by, or on behalf of, the person in relation to any one or more of the following matters:

(i) the making of a diagnosis;

(ii) the treatment of the person;

(iii) the determination of the time when the person should have the next cervical cancer test; or

(c) the information is provided for a purpose specified in section 138(a) , (b) , (c) , (d) or (e)(i) , (ii) or (iii) .

Penalty:  Fine not exceeding 100 penalty units.

140.   Objection to inclusion in Cervical Cytology Register

(1)  A person may request that the results or copies of the results of a cervical cancer test carried out on the person –

(a) not be provided to the Director; and

(b) not be held in the Cervical Cytology Register.

(2)  The person who carried out the cervical cancer test, by notice in writing, must notify the person in charge of the laboratory that completed the test that the results or a copy of the results of the test are not to be provided to the Director.

Penalty:  Fine not exceeding 5 penalty units.

141.   Cervical cancer test results

(1)  Within 60 days after the completion of a cervical cancer test, the person in charge of the laboratory that completed the test must provide to the Director the results, or a copy of the results, of the test in an approved form.

Penalty:  Fine not exceeding 5 penalty units and a special penalty of 1 penalty unit for each result not provided.

(2)  Subsection (1) does not apply to a cervical cancer test if a notice under section 140 is received in respect of that test.

142.   Removal of identifying data from Cervical Cytology Register

(1)  A person, by notice in writing, may request the Director to remove any data identifying the person from the Cervical Cytology Register.

(2)  The Director must comply with a request as soon as practicable.

(3)  Data which relates to, but does not identify, a person who made a request under subsection (1) may be retained in the Cervical Cytology Register.

Division 2 - Information registers

143.   General registers

(1)  The Director may establish registers containing information which the Director considers may assist in facilitating, protecting, promoting or maintaining public health.

(2)  The Director may require any person, public authority or Agency to provide information for inclusion in an information register.

Penalty:  Fine not exceeding 100 penalty units.

(3)  The Director may require a council to establish registers containing any information the Director determines.

144.   Registers kept by councils

A council is to keep –

(a) a register of registered regulated systems; and

(b) a register of registered users and suppliers of water from private water sources; and

(c) a register of registered premises used for public health risk activities.

145.   Register of licences

The Director may require a council to keep a register of licences issued by it and in force under this Act.

146.   Keeping of registers

A register under this Part is to be kept –

(a) in an approved form; and

(b) in accordance with any relevant guidelines.

PART 8 - Miscellaneous

Division 1 - Information

147.   Disclosure of information

A person must not disclose any information obtained for the purpose of this Act relating to a person except in accordance with any relevant guidelines and –

(a) with the written consent of the person or parent or guardian of a child or person to whom the information relates; or

(b) to a registered medical practitioner who is directly involved in the treatment of that person; or

(c) to a person apparently in charge of any institution or facility which is involved in the diagnosis or treatment of that person; or

(d) to a person authorised by the Director; or

(e) for the purpose of notifying a notifiable disease; or

(f) for the purpose of an epidemiological study or research authorised by the Director; or

(g) for the purposes of legal proceedings arising out of this Act; or

(h) for a purpose authorised or required by this Act or another Act; or

(i) for the purposes of study or research approved by the Director.

Penalty:  Fine not exceeding 100 penalty units.

148.   Requirement for information

(1)  The Director, any council or an authorised officer may require a person to provide information relating to public health which is reasonably needed for the purposes of this Act.

(2)  A person must comply with a requirement under subsection (1) .

Penalty:  Fine not exceeding 100 penalty units.

149.   Recording information

A person must not record, collect, transmit or store any records, information or forms for the purpose of this Act otherwise than in accordance with this Act and any relevant guidelines.

Penalty:  Fine not exceeding 100 penalty units.

Division 2 - Articles and substances

150.   Dealings with certain articles and substances

(1)  The Director may require that any article, item or substance which is, or is likely to be, a threat to public health –

(a) is not to be manufactured, sold, used or transported; or

(b) is to be dealt with in accordance with any relevant guidelines.

(2)  A person must comply with a requirement.

Penalty:  Fine not exceeding 100 penalty units.

151.   Removal and destruction

(1)  The Director may require a person, public authority or Agency to remove or destroy any articles, items, goods or substances that in the opinion of the Director may cause a threat to public health.

(2)  The removal and destruction of any articles, goods or substances must be carried out in accordance with –

(a) any direction of the Director; or

(b) any relevant guidelines.

Penalty:  Fine not exceeding 100 penalty units.

(3)  The removal or destruction of any articles, goods or substances is at the expense of the person, public authority or Agency required to carry out the removal or destruction.

Division 3 - Costs and compensation

152.   Costs incurred in exercising power

(1)  If a person, public authority or Agency fails to exercise a power or perform a function under this Act when required to do so, the Director or a council may exercise that power or perform that function at the expense of that person or body.

(2)  Any costs or charges incurred by the Director or a council under this section –

(a) is a debt due –

(i) to the Crown, if the Director incurred the costs or charges; and

(ii) to the council, if the council incurred the costs or charges; and

(b) is recoverable in a court of competent jurisdiction.

153.   Compensation

(1)  A person may claim for compensation for damage to any premises, vehicle or article owned by, or in the possession or under the control of, that person if the damage –

(a) was the result of the exercise of a power or performance of a function under this Act; and

(b) was not caused by any action or omission of the person.

(2)  Compensation is payable at an amount the Director considers reasonable.

(3)  Compensation is not payable if the premises, vehicle or article damaged was the cause of, or constituted, a threat to public health.

Division 4 - Offences

154.   Offences against authorised officers

(1)  A person must not –

(a) assault, abuse or threaten an authorised officer, nominated officer or a police officer exercising or attempting to exercise a power or performing a function under this Act; or

(b) hinder, obstruct or delay an authorised officer, nominated officer or a police officer exercising or attempting to exercise a power or performing a function under this Act.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.

(2)  A person must not fail to comply with a requirement of an authorised officer, nominated officer or police officer under this Act.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.

155.   Interfering with or removing seals and samples

(1)  A person must not interfere with, or remove –

(a) any seal or mark made by an authorised officer or nominated officer; or

(b) any sample taken by an authorised officer or nominated officer; or

(c) any thing or document seized by an authorised officer or nominated officer.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must not contaminate any sample taken by an authorised officer or nominated officer.

Penalty:  Fine not exceeding 100 penalty units.

156.   Inciting and encouraging

A person must not incite or encourage another person to commit an offence under this Act.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.

157.   Offences by corporations

If a body corporate is guilty of an offence under this Act, each director of the body corporate is guilty of the offence unless it is proved that the director could not have reasonably prevented the commission of the offence by the body corporate.

158.   Proceedings

(1)  Proceedings for an offence under this Act may only be instituted by –

(a) the Minister or a person authorised by the Minister; or

(b) an authorised officer; or

(c) a nominated officer in relation to proceedings for an offence under Part 4 ; or

(d) a police officer; or

(e) a council.

(2)  Proceedings for an offence under this Act must be instituted within 3 years after the date on which an offence is alleged to have been committed.

(3)  Subsection (2) does not apply to an offence referred to in section 51 .

159.   Cost of proceedings

(1)  A person convicted of an offence is liable for costs relating to –

(a) the examination and analysis of any thing to which the offence relates; and

(b) the seizure and disposal of any thing to which that offence relates; and

(c) the transportation and storage of any thing to which the offence relates.

(2)  Any costs incurred by a council in relation to an offence is payable to the council by the person convicted of the offence.

Division 5 - Appeals

160.   Appeal relating to seizure

(1)  A person may appeal to a magistrate against the seizure of any thing under section 30(1)(f) .

(2)  An appeal is to be made within 14 days after service of a notice under section 30(4) .

161.   Appeal relating to place of assembly licence

(1)  A person may appeal to the Appeal Tribunal against a council's decision to –

(a) grant or refuse to grant an application for a place of assembly licence; or

(b) grant or refuse to grant an application for the renewal of a place of assembly licence; or

(c) impose any condition on a place of assembly licence; or

(d) vary a place of assembly licence; or

(e) cancel a place of assembly licence.

(2)  An appeal is to be made within 14 days after service of a notice under –

(a) section 77(3) ; or

(b) section 81(6) ; or

(c) section 82(3) ; or

(d) section 83(2) .

162.   Appeal relating to registration

(1)  A person may appeal to the Appeal Tribunal against the council's decision to –

(a) grant or refuse to grant an application for the registration of premises to carry out a public health risk activity; or

(b) grant or refuse to grant an application for the renewal of the registration of those premises; or

(c) impose any condition on the registration of those premises; or

(d) vary the registration of those premises; or

(e) cancel the registration of those premises.

(2)  An appeal is to be made within 14 days after service of a notice under –

(a) section 97(3) ; or

(b) section 101(6) ; or

(c) section 102(3) ; or

(d) section 103(2) .

163.   Appeals relating to public health risk activity licence

(1)  A person may appeal to a magistrate against the council's decision to –

(a) grant or refuse to grant an application for a licence to carry out a public health risk activity; or

(b) grant or refuse to grant an application for the renewal of that licence; or

(c) impose any condition on the licence; or

(d) vary that licence; or

(e) cancel that licence.

(2)  An appeal is to be made within 14 days after service of a notice under –

(a) section 106(3) ; or

(b) section 110(6) or

(c) section 111(3) ;or

(d) section 112(2) .

164.   Appeals relating to regulated systems

(1)  A person may appeal to a magistrate against the council's decision to –

(a) grant or refuse to grant an application for the registration of a regulated system; or

(b) grant or refuse to grant an application for the renewal of that registration; or

(c) impose any condition on the registration; or

(d) vary that registration; or

(e) cancel that registration.

(2)  An appeal is to be made within 14 days after service of a notice under –

(a) section 115(3) ; or

(b) section 121(6) ; or

(c) section 122(3) ; or

(d) section 123(2) .

165.   Appeal against orders

(1)  A person may appeal to a magistrate against the decision of the Director or a council to make an order under this Act.

(2)  An appeal is to be made within 14 days after the day on whichever of the following is the earlier:

(a) the order is made;

(b) the order is served.

166.   Appeal against notices

(1)  A person may appeal to a magistrate against the decision of the Director or a council to issue a notice under this Act.

(2)  An appeal is to be made within 14 days after the day on which the notice is issued.

167.   Determination of appeal

(1)  On hearing an appeal against a decision, a magistrate may make any of the following orders:

(a) an order confirming the decision;

(b) an order revoking the decision;

(c) an order substituting the decision with another decision.

(2)  On hearing an appeal against the seizure of any thing, a magistrate may make any of the following orders:

(a) an order confirming the seizure;

(b) an order revoking the seizure and requiring the thing to be returned to its owner.

168.   Appeal to Supreme Court

A person may appeal to the Supreme Court against an order of a magistrate under section 167 .

Division 6 - Infringement notices

169.   Service of infringement notice

(1)  An authorised officer or a council may serve an infringement notice on a person if of the opinion that the person has committed a prescribed offence.

(2)  A nominated officer may serve an infringement notice on a person if of the opinion that the person has committed an offence under Part 4 .

(3)  An infringement notice –

(a) is not to relate to 4 or more offences; and

(b) is not to be served on a person under the age of 16 years.

170.   Form of infringement notice

(1)  An infringement notice is to –

(a) be in an approved form; and

(b) specify –

(i) the offence to which it relates; and

(ii) the prescribed penalty for that offence; and

(iii) the total amount payable; and

(iv) the place at which the penalty is to be paid; and

(v) any other prescribed details.

(2)  An infringement notice is to state that the person on whom it is served may disregard the notice but that on doing so he or she may be prosecuted for the offence to which the notice relates.

171.   Acceptance of infringement notice

A person may accept an infringement notice by –

(a) paying the total amount payable within 21 days after being served with the notice; or

(b) lodging at the place specified in the notice within 21 days after being served with the notice a written undertaking to pay the amount payable.

172.   Extension of acceptance period

If an infringement notice is not accepted before the period referred to in section 171 expires, a clerk of petty sessions or relevant council clerk may allow a further period of 14 days commencing on that expiry for the acceptance of that notice.

173.   Payment

(1)  If a person undertakes under section 171(b) to pay any amount payable under an infringement notice, a clerk of petty sessions or relevant council clerk may determine the period, not exceeding 63 days from the day on which the notice was served, within which the amount must be paid.

(2)  A person may make representations to a clerk of petty sessions or relevant council clerk in relation to the ability to pay the amount.

(3)  A clerk of petty sessions or relevant council clerk is to take the person's representations into account before determining the period within which the amount is to be paid.

(4)  If a person fails to pay any amount in accordance with an undertaking, the same proceedings may be taken against the person in respect of the amount remaining outstanding as if it were a penalty imposed on the person on summary conviction.

174.   Payments to council or Consolidated Fund

Any payments made in respect of an infringement notice –

(a) are payable to a council if the notice was served by the council; or

(b) in any other case, are payable into the Consolidated Fund.

175.   Effect of acceptance

(1)  The acceptance of an infringement notice is not an admission of liability in any civil proceedings.

(2)  Proceedings against a person for an offence to which an infringement notice relates that has not been withdrawn must not be brought –

(a) if the person accepts the infringement notice; or

(b) within –

(i) 28 days after the notice was served, if the person has not been allowed an additional period under section 172 ; or

(ii) 42 days after the notice was served, if the person has been allowed an additional period under section 172 .

176.   Withdrawal of infringement notice

(1)  The Director or a council or any person authorised by either of them or any authorised officer or nominated officer may withdraw an infringement notice served on a person if of the opinion that –

(a) the infringement notice should not have been served; or

(b) the person should be proceeded against for the offence to which the notice relates.

(2)  An infringement notice may be withdrawn whether or not it has been accepted.

(3)  An infringement notice is to be withdrawn –

(a) by serving on a person a notice stating that the infringement notice has been withdrawn; and

(b) within 108 days after service of the infringement notice.

(4)  A clerk of petty sessions or relevant council clerk must repay to a person any amount paid by that person in respect of an infringement notice that is withdrawn.

177.   Certain evidence not admissible

Evidence of the service, acceptance or withdrawal of an infringement notice is not admissible in any proceedings for the offence to which the notice relates.

Division 7 - Regulations and guidelines

178.   General provisions

(1)  The Governor may make regulations for the purpose of this Act.

(2)  Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.

(3)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(4)  The regulations may –

(a) authorise any matter to be determined, applied or regulated by a specified person, a public authority or an Agency; and

(b) confer a power or impose a duty on a specified person or class of person.

(5)  The regulations may adopt or incorporate the whole or part of any standard, rule, code, specification or guidelines, with or without modification, issued, prescribed, made or published by any person or body before or after the regulations take effect.

179.   Regulations of savings or transitional nature

(1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.

(2)  A provision referred to in subsection (1) may, if the regulations so provide, take effect from the commencement of this Act or a later day.

180.   Regulations relating to places

The Governor may make regulations relating to any premises, place or area to which the public has access.

181.   Regulations relating to registered premises

The Governor may make regulations relating to –

(a) the health and safety of persons in registered premises; and

(b) the operation and maintenance of registered premises.

182.   Regulations relating to fees and charges

(1)  The Governor may make regulations prescribing fees and charges in relation to –

(a) any matter under this Act; and

(b) any services provided under this Act.

(2)  Regulations made under this section may prescribe a fee or charge by specifying –

(a) a set amount; or

(b) any other method of calculation.

(3)  Any fees and charges paid under regulations made under this section relating to any function or power of a council are to be paid to the council.

183.   Prescribed offences and penalties

(1)  The Governor may make regulations prescribing –

(a) offences for the purposes of infringement notices; and

(b) the penalty applicable to those offences.

(2)  Offences under regulations made under this Act may be prescribed for the purpose of subsection (1) .

184.   Guidelines

(1)  The Director may issue guidelines relating to any matter under this Act.

(2)  The guidelines may adopt or incorporate the whole or part of any standard, rule, code, specification or guidelines, with or without modification, issued, prescribed, made or published by any person or body before or after the guidelines take effect.

(3)  The Director may amend or revoke any guidelines.

(4)  The Director, by public notice, must notify –

(a) the issue, amendment or revocation of any guidelines; and

(b) the subject matter of the guidelines; and

(c) the place at which a copy of the guidelines may be obtained; and

(d) the cost, if any, of obtaining the guidelines.

(5)  Any Agency, public authority or person must comply with the guidelines.

Penalty:  Fine not exceeding 50 penalty units.

Division 8 - Miscellaneous matters

185.   Council fees

(1)  A council, by resolution, may impose fees relating to applications made to it under Part 5 or Part 6 .

(2)  Any fee imposed under subsection (1) is to be in accordance with any relevant guidelines.

186.   Assistance

Any person, public authority or Agency must provide reasonable facilities and assistance to the Director, any authorised officer, nominated officer and council exercising any power or performing any function under this Act.

Penalty:  Fine not exceeding 50 penalty units.

187.   Exemptions

(1)  The Director, by order, may exempt any Agency, public authority, person or class of person from any provision of this Act.

(2)  The Director, by order, may exempt any matter from any provision of this Act.

188.   Immunity from liability

(1)  Any employee of any Agency or public authority is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power, or in the performance or purported performance of a function, under this Act.

(2)  Subsection (1) does not preclude the Crown from incurring any liability that a person referred to in subsection (1) would, but for that subsection, incur.

189.   Forfeiture

A court, in addition to imposing a penalty for an offence under this Act, may order that any article, vehicle or other thing by means of which, or in relation to which, the offence was committed be forfeited to the Crown or a council.

190.   Sale or disposal of forfeited things

(1)  A council or authorised officer may sell, destroy or otherwise dispose of any thing forfeited if –

(a) an application is not made under subsection (2) ; or

(b) an application is made under subsection (2) and the application is refused.

(2)  A person who owned anything forfeited, or who had any legal or equitable interest in anything forfeited immediately before the forfeiture, may apply to the council or authorised officer to buy it within 30 days after the forfeiture.

(3)  The council or authorised officer may –

(a) grant an application under this section; or

(b) refuse to grant the application.

(4)  If the application is granted, the council or authorised officer is to sell the forfeited thing to the applicant for an amount equal to its estimated market value.

(5)  Any proceeds of a sale or disposal of a thing forfeited by a council are payable to the council.

(6)  Any proceeds of a sale or disposal of a thing forfeited by an authorised officer are payable to the Consolidated Fund.

191.   Return of and access to seized things

(1)  The owner of any thing seized under this Act may apply to the council which or authorised officer who seized the thing for –

(a) the return of that thing; or

(b) access to that thing.

(2)  An application for the return of any thing seized is to be made within 48 hours after it was seized.

(3)  The council or authorised officer may –

(a) grant an application under this section; or

(b) refuse to grant it.

192.   Sale or disposal of seized things

(1)  A council or authorised officer may sell or otherwise dispose of any thing seized under this Act if –

(a) an appeal is not made under section 160 ; or

(b) an appeal is made under section 160 and an order is made under section 167(2)(a) ; or

(c) it poses an immediate threat to public health.

(2)  Any proceeds of the sale or disposal of a thing seized by a council are payable to the council.

(3)  Any proceeds of the sale or disposal of a thing seized by an authorised officer are payable into the Consolidated Fund.

193.   False and misleading statements

A person, in making an application, giving any information or advice or producing any record under this Act, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is false or misleading.

Penalty:  Fine not exceeding 50 penalty units.

194.   Evidence

In any proceedings for an offence under this Act, a copy of any information, report, record, register, certificate or other document kept under this Act and certified as a correct copy by an authorised officer or public authority is evidence of the facts contained in it.

195.   Fees and penalties

Any fees and penalties received under this Act relating to any matter in respect of which a council has exercised a power or performed a function is payable to that council.

196.   Guidelines and codes of practice

(1)  A guideline issued or code of practice formulated by the Director takes effect on the day on which it is issued or formulated.

(2)  The Minister must cause a guideline or code of practice referred to in subsection (1) to be laid before each House of Parliament within 5 sitting days of the day on which it takes effect.

(3)  Either House of Parliament may disallow a guideline or code of practice referred to in subsection (1) by resolution of that House passed within 15 sitting days after the guideline or code of practice is laid before it.

(4)  A guideline or code of practice may be confirmed by a resolution of both Houses of Parliament passed before the expiration of 15 sitting days after the guideline or code of practice is laid before it.

(5)  If at the expiration of 15 sitting days after a guideline or code of practice is laid before either House of Parliament, no notice has been given of a motion to disallow the guideline or code of practice or, if such notice has been given, the notice has been withdrawn or the motion has been negatived, the guideline or code of practice is taken to have been confirmed.

197.   Repeals and rescissions

(1)  The enactments and provisions of enactments specified in Schedule 2 are repealed.

(2)  A provision of the Public Health Act 1962 is repealed to the extent and from the day fixed by proclamation in respect of that provision.

(3)  Any statutory rule made under any enactment or provision of an enactment specified in Schedule 2 is rescinded or revoked.

198.   Savings and transitional

Schedule 3 has effect with respect to savings and transitional provisions.

199.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Community and Health Services; and

(b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.

SCHEDULE 1 - Provisions with respect to membership and meetings of advisory committee

Section 37(4)

1.   Interpretation

In this Schedule,

member means a member of the Advisory Committee.

2.   Term of office

A member is to be appointed for a period, not exceeding 3 years, specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid any remuneration and travelling and subsistence allowances the Minister determines.

5.   Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Advisory Committee without the permission of the Advisory Committee; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(d) is convicted of an offence against this Act.

(3) The Minister may remove a member from office if satisfied that the member –

(a) is unable to perform adequately or competently the duties of office; or

(b) is no longer qualified to be a member.

6.   Filling of vacancies

(1) If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

(2) If a member is unable for any reason to perform the duties of office, the Minister may appoint a suitable person to act in the office of that member for any period the Minister determines.

7.   Presumptions

In any proceedings by or against the Advisory Committee, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Advisory Committee; or

(b) any resolution of the Advisory Committee; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Advisory Committee.

8.   Convening of meetings

(1) A meeting of the Advisory Committee may be convened by the chairperson or by any 2 members.

(2) A notice of any meeting is to be given to the Director at least 2 days before it is to be held.

9.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Advisory Committee is 4 members.

(2) Any duly convened meeting of the Advisory Committee at which a quorum is present is competent to transact any business of the Advisory Committee.

(3) A question arising at a meeting of the Advisory Committee is to be determined by a majority of votes of the members present and voting.

(4) The Advisory Committee may permit members to participate in a meeting by –

(a) telephone; or

(b) television conference; or

(c) any other means of communication it approves.

10.   Chairperson

(1) The chairperson of the Advisory Committee is to preside at the meetings of the Advisory Committee.

(2) If the chairperson of the Advisory Committee is not present at a meeting of the Advisory Committee, a member elected by the members present is to preside at that meeting.

11.   Attendance of Director

(1) The Director or an authorised person may attend any meeting of the Advisory Committee.

(2) The Director or authorised person does not have any voting rights at any meeting of the Advisory Committee.

(3) The presence of the Director or authorised person at a meeting of the Advisory Committee does not affect the quorum required for the meeting.

12.   Disclosure of interest

(1) A member must not participate at any meeting of the Advisory Committee in any discussion relating to a matter in respect of which the member has an interest.

(2) A member is to disclose any interest in a matter before any discussion on that matter commences.

(3) On disclosing an interest, the member is to leave the meeting.

(4) The Advisory Committee may allow a member to remain at a meeting if –

(a) the member is required to make up a quorum; or

(b) it considers that the interest is too remote to influence the discussion or vote at the meeting.

13.   General procedure

Subject to this Schedule, the procedures for the calling of, and for the conduct of business at, meetings of the Advisory Committee are –

(a) as determined by the Minister; or

(b) if there are no determinations by the Minister, as determined by the Advisory Committee.

14.   Validity of proceedings

(1) An act or proceeding of the Advisory Committee is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Advisory Committee.

(2) An act or proceeding of the Advisory Committee is valid even if –

(a) the appointment of a member of the Advisory Committee was defective; or

(b) a person appointed as a member of the Advisory Committee was disqualified from acting as, or incapable of being, such a member.

SCHEDULE 2 - Repeals

Section 197(1)

1.   The following are repealed:

(a) section 197 of the Local Government (Building and Miscellaneous Provisions) Act 1993;

(b) Public Health Amendment Act 1996;

(c) Public Health Amendment (Cervical Cytology) Act 1993;

(d) Notification of Births Act 1966;

(e) Tobacco Products (Labelling) Act 1987.

SCHEDULE 3 - Savings and transitional

Section 198

1.   Interpretation

In this Schedule –

commencement day means the day on which this Act commences;

repealed Act means the Public Health Act 1962 ;

repealed regulations means regulations made under the repealed Act.

2.   Director of Public Health

The person who, immediately before the commencement day, was the Director of Health under the repealed Act is, on that day, taken to be the Director of Health appointed under section 6 .

3.   Health officers

A person who, immediately before the commencement day, was a health officer under the repealed Act is, on that day an authorised officer under this Act.

4.   Notice requiring disinfection of premises

A notice made under section 26 of the repealed Act and not complied with immediately before the commencement day may, on and from that day, be dealt with under that Act.

5.   Compensation

Any entitlement to compensation under section 24 of the repealed Act existing immediately before the commencement day may, on and from that day, be dealt with under that Act.

6.   Cervical Cytology Register

The Cervical Cytology Register compiled and maintained under the repealed Act before the commencement day is, on that day, the Cervical Cytology Register maintained under this Act.

7.   Information

Any information kept or provided under the repealed Act before the commencement day is, on that day, information kept or provided for the purpose of this Act.

8.   Place of assembly

(1) A place in respect of which an approval is in force under the repealed Act immediately before the commencement day is, on that day, a place of assembly in respect of which a licence is in force under Division 1 of Part 5 .

(2) Subclause (1) applies until 30 September immediately following the commencement day.

9.   Place of public entertainment

(1) Any premises licensed under the repealed Act immediately before the commencement day as a place of public entertainment are, on that day, premises in respect of which a licence is in force under Division 1 of Part 5 .

(2) Subclause (1) applies until 1 October immediately following the commencement day.

10.   Skin penetration establishment

(1) Any premises registered under the repealed Act immediately before the commencement day as an establishment in which a process of skin penetration is carried on are, on that day, premises registered under Division 3 of Part 5 .

(2) Subclause (1) applies until 1 April immediately following the commencement day.

[Second reading presentation speech made in:

House of Assembly on 10 DECEMBER 1997

Legislative Council on 11 DECEMBER 1997]