Public Health (Exemption) Order 2000

Public Health (Exemption) Order 2000

I make the following order under section 187 of the Public Health Act 1997 .

Dr. Mark Jacobs

Director of Public Health

1.   Short title

This order may be cited as the Public Health (Exemption) Order 2000 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order –

Act means the Public Health Act 1997 ;

public event means any performance, exhibition, spectacle, circus, festival, food festival, pageant, regatta, sports event, dance, publicly advertised lecture or other similar entertainment for the public.

(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were by-laws.

4.   Exemptions from section 75

(1)  A person is exempt from section 75 of the Act in relation to any activity referred to in that section in respect of a public place.

(2)  Subclause (1) does not apply to a public place that –

(a) is a public swimming pool or public spa; or

(b) is a public hall, cinema or theatre; or

(c) is a place of worship that –

(i) accommodates more than 150 people; or

(ii) is being used for a public event; or

(d) is an outdoor sporting facility that –

(i) accommodates more than 300 spectators; and

(ii) contains an enclosed area or seating area; or

(e) is a gymnasium or indoor sporting facility that accommodates more than 150 spectators; or

(f) is a school or premises used for educational purposes that is being used for a public event; or

(g) is registered under section 56 of the Food Act 1998 that is primarily being used for a public event; or

(h) is the subject of a liquor licence under the Liquor and Accommodation Act 1990 and is primarily being used for a public event; or

(i) is an unlicensed club which is the subject of a special permit authorising the sale of liquor under the Liquor and Accommodation Act 1990 and is primarily being used for a public event; or

(j) contains a temporary structure that is being used for a public event; or

(k) is an outdoor market not operated –

(i) by a council; or

(ii) under the Local Government Act 1993 .

5.   Exemption for certain other places

A person who uses a place as a place of assembly with the permission of any person who has been granted a place of assembly licence for general purposes in respect of that place is exempt from section 75 of the Act if the person uses the place as a place of assembly in accordance with any condition of the licence.

6.   Exemption from guidelines

A person exempt from section 75 of the Act under clause 4 is exempt from complying with any guidelines issued under the Act applicable to any public place referred to in that clause.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 May 2000

This order is administered in the Department of Health and Human Services.