Notifiable Diseases Act 1981 (NT)

NORTHERN TERRITORY OF AUSTRALIA

NOTIFIABLE DISEASES ACT 1981

As in force at 24 September 2021

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Repeal4 — Transitional5 — InterpretationPart 2 — Notifiable diseases6 — Declaration of notifiable disease7 — Person to seek medical advice8 — Notification by medical practitioner9 — Details of contact10 — Advice by medical practitioner11 — Notice to infected person12 — Appeal from notice13 — Chief Health Officer may ensure direction complied with14 — Notice to attend15 — Bodies16 — Pathology investigationPart 3 — Isolation areas17 — Declaration of isolation area18 — Power of Chief Health Officer in isolation area19 — Powers within isolation area20 — Unauthorized exit from isolation area21 — Compensation22 — Self-induced loss23 — Unauthorized persons24 — Compensation a debt due25 — Recovery from person found guilty26 — Civil remedyPart 3A — Liability of Red Cross Societyetc. in respect of transmittable diseases26A — Interpretation26B — Liability of Red Cross Society26C — Liability of hospitals and medical practitioners etc.26D — Liability where requirements not complied with26E — Liability of blood donor26F — Evidentiary certificatesPart 4 — Miscellaneous matters27 — Registers28 — Application29 — Secrecy to be preserved30 — Disclosures to be protected31 — Delegation32 — Distribution of information33 — Statutory declarations34 — Specific offences35 — Taking bribes36 — Unlawful destruction37 — Averments38 — Offences and penalties38A — Regulatory offences39 — RegulationsPart 5 — Transitional matters for Health Legislation Amendment Act 202140 — Approval of form of declarationSchedule 1 — Ordinances repealedSchedule 2ENDNOTES northern territory of australia

northern territory of australia

As in force at 24 September 2021

NOTIFIABLE DISEASES act 1981

An Act to consolidate and amend the law relating to notifiable, infectious and other diseases, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Notifiable Diseases Act 1981.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3Repeal

• (1)

  The Ordinances listed in Schedule 1 and the Leprosy Amendment Act 1980 are repealed.

• (2)

  The Public Health (Infectious and Notifiable Diseases) Regulations, being Regulations No. 12 of 1960, No. 9 of 1961 and No. 49 of 1978, are repealed.

4Transitional

• (1)

  The area described in Schedule 2 is deemed to be an area declared by the Administrator under section 17 to be an isolation area.

• (2)

  A person who was, immediately prior to the commencement of this Act, a leprosy patient within the meaning of the Leprosy Act 1954 as then in force is deemed to be an infected person upon whom a notice under section 11(1), directing him:

  • (a)

    to remain at the isolation area referred to in subsection (1); and

  • (b)

    to submit himself to the care and control of the Chief Health Officer, until otherwise directed by a medical officer,

  has been duly served.

5Interpretation

• (1)

  In this Act, unless the contrary intention appears:

  animal includes a dead animal and part of an animal.

  authorized person means a person to whom the Chief Health Officer delegates, in relation to a power or function, the exercise of that power or performance of that function under section 31 and who, in the instrument of delegation, is described as an authorized person.

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

  diagnostic procedures means the collection and examination of samples from an infected person or suspect person for pathology investigation and includes radiological examinations.

  goods includes animals, plants and minerals and any other kind of moveable property.

  infected person means a person:

  • (a)

    who is suffering from a notifiable disease;

  • (b)

    who is a carrier of a notifiable disease; or

  • (c)

    from whom a notifiable disease may be contracted.

  isolation area means an area declared under section 17 to be an isolation area.

  medical examination means a physical examination by a medical practitioner and includes the use of diagnostic procedures, where necessary, to establish the presence of a notifiable disease.

  medical officer means an authorised officer, under the Public and Environmental Health Act 2011, who is a medical practitioner or entitled to be registered as a medical practitioner.

  notifiable disease means a disease declared to be a notifiable disease under section 6.

  plant includes a dead plant and part of a plant.

  suspect person means a person who:

  • (a)

    is suspected of being an infected person; or

  • (b)

    has or may have been exposed to an infected person or goods which are known or suspected to be infected or a source of infection.

• (2)

  A power of prohibition under this Act shall include a prohibition generally or with limitations as to place and subject-matter and either absolutely or subject to specified conditions or restrictions.

• (3)

  Where a notice or order under this Act may be served on a child, a copy of such notice or order shall be deemed to have been served on that child if a copy of that notice or order was served on a parent or guardian of that child.

• (4)

  Where an obligation under this Act is placed upon a child, the parent or guardian of the child shall be liable for carrying out that obligation or ensuring that the obligation is carried out, unless the contrary intention appears.

Part 2Notifiable diseases 6Declaration of notifiable disease

The Minister may, by notice in the Gazette, declare a disease to be a notifiable disease for the purposes of this Act.

7Person to seek medical advice

A person who has reasonable grounds to believe that he may be an infected person or suspect person shall consult a medical practitioner at the first reasonable opportunity.

8Notification by medical practitioner

• (1)

  The Minister may, by notice in the Gazette, specify:

  • (a)

    a notifiable disease in relation to which information is to be given;

  • (b)

    the information to be given in relation to a notifiable disease; and

  • (c)

    the manner in which information in relation to a notifiable disease is to be given.

• (2)

  If a medical practitioner:

  • (a)

    diagnoses that a person is an infected person; or

  • (b)

    considers that a person is a suspect person, in relation to a notifiable disease specified under subsection (1), the medical practitioner must give to a medical officer the information required under subsection (1) to be given in relation to the disease.

• (3)

  The medical practitioner must give the information in the manner required under subsection (1).

9Details of contact

A person who is:

• (a)

  an infected person shall provide to a medical practitioner, medical officer or authorized person the names and addresses of all persons from whom the notifiable disease may have been contracted; or

• (b)

  a suspect person shall provide to a medical practitioner, medical officer or authorized person the names and addresses of all persons with whom he has been in contact during a period of time specified by the medical practitioner, medical officer or authorized person.

10Advice by medical practitioner

A medical practitioner who diagnoses that a person is an infected person or who considers a person to be a suspect person:

• (a)

  shall advise, where the person is an adult – the person;

• (b)

  shall advise, where the person is a child who has not attained the age of 16 years – the parents or the guardian of the child; or

• (c)

  as he thinks fit, may also advise, where the person is a child who has attained the age of 16 years – the parents or the guardian of the child,

of the nature of the notifiable disease, the measures needed to be taken to prevent the spread of that disease and the treatment, if any, required.

11Notice to infected person

• (1)

  A medical officer may, by notice in writing personally served on an infected person or suspect person, direct the person to carry out measures which the medical officer believes necessary for the treatment of, or to prevent the spread or possible spread of, the relevant notifiable disease.

• (2)

  A person duly served with a notice under subsection (1) shall carry out all measures which he is directed by the notice to carry out.

12Appeal from notice

• (1)

  Where a person is served with a notice under section 11(1), he may appeal to the Local Court against the notice or a direction contained in the notice.

• (2)

  The Local Court, after considering an appeal under subsection (1), may, by order:

  • (a)

    confirm the notice;

  • (b)

    vary a direction contained in the notice; or

  • (c)

    revoke the notice,

  and may make such order as to costs, as it thinks fit.

13Chief Health Officer may ensure direction complied with

• (1)

  Subject to an order under section 12(2), where a person is served with a notice under section 11(1) and the person fails to comply with the notice, the Chief Health Officer may make such order as he thinks fit.

• (2)

  Without limiting the generality of subsection (1), the Chief Health Officer may order, either in writing or orally, that:

  • (a)

    an infected person or suspect person be removed to and detained at a hospital or other place until a medical officer authorizes the release of the person on the grounds that that person is not an infected person or is no longer a suspect person;

  • (b)

    premises in which an infected person or suspect person has resided, worked, attended for educational purposes or has otherwise occupied, shall be closed for a specified period or disinfected, or both;

  • (c)

    bedding, clothing or other articles which have been, or which are believed to have been, exposed to contamination by an infected person or to possible contamination by a suspect person be destroyed or disinfected; or

  • (d)

    a supply of water for human consumption or use which is or is suspected of being contaminated by a notifiable disease be treated to render it fit for human consumption or use.

• (3)

  The Chief Health Officer may take whatever steps are necessary to give effect to an order under subsection (2).

14Notice to attend

The Chief Health Officer may, by notice in the Gazette, require:

• (a)

  a specified person; or

• (b)

  persons who are members of a specified class of persons,

to attend at specified times and places for medical examinations and to answer such questions to determine whether that person or any of those persons of that specified class of persons is an infected person or suspect person.

15Bodies

• (1)

  If a medical practitioner considers that a deceased person was, at the time of his death, an infected person or suspect person, the medical practitioner shall notify a medical officer of that fact by the fastest practicable form of communication.

• (2)

  A medical officer may give such order as he thinks fit in relation to the disposal of the body of a deceased person who, at the time of his death, was an infected person or suspect person.

• (3)

  A person in charge of the body of a deceased person who, at the time of his death, was an infected person or suspect person shall comply with an order of a medical officer in relation to the treatment and disposal of that body.

16Pathology investigation

• (1)

  The Minister may, by notice in the Gazette, specify:

  • (a)

    a notifiable disease in relation to which information is to be given;

  • (b)

    the information to be given in relation to a notifiable disease; and

  • (c)

    the manner in which information in relation to a notifiable disease is to be given.

• (2)

  If a laboratory receives results from a pathology investigation that indicate that a person is an infected person in relation to a disease specified under subsection (1), the person in charge of the laboratory must give to the Chief Health Officer the information required under subsection (1) to be given in relation to the disease.

• (3)

  The person in charge of the laboratory must give the information in the manner required under subsection (1).

Part 3Isolation areas 17Declaration of isolation area

• (1)

  The Administrator or Minister may, by notice in the Gazette, declare an area to be an isolation area.

• (2)

  A declaration under subsection (1) made by the Minister is effective only:

  • (a)

    until the expiration of such period, not exceeding 2 years, as is specified in the declaration; or

  • (b)

    until a like or inconsistent declaration under that subsection relating to the area becomes effective;

  whichever first occurs.

18Power of Chief Health Officer in isolation area

• (1)

  In relation to an isolation area, the Chief Health Officer may, by order:

  • (a)

    prohibit the movement of a person or persons who are members of a specified class of persons;

  • (b)

    prohibit the movement of goods;

  • (c)

    require a person or persons who are members of a specified class of persons to report at specified times and places and submit to medical examinations, to answer questions and to submit to such medical treatment as the Chief Health Officer thinks fit; and

  • (d)

    authorize the destruction, disposal or treatment of goods, a building, structure, water supply, drainage and sewerage system or other thing within the isolation area known or suspected to be infected or a source of infection.

• (2)

  Action necessary to give effect to an order under subsection (1), may be taken by:

  • (a)

    a medical officer;

  • (b)

    a member of the Police Force; or

  • (c)

    an authorized person.

  19Powers within isolation area
• (1)

  A medical officer or authorized person may ask such questions of:

  • (a)

    a person who is or was located within; or

  • (b)

    a person whom the medical officer or authorized person believes to have been located within,

  an isolation area either while a declaration made under section 17 is or was in force, or within 14 days prior to the date of that declaration, as are necessary for him to ascertain:

  • (c)

    the identity of the person;

  • (d)

    whether or not the person has been within the isolation area;

  • (e)

    whether the person is an infected person or a suspect person;

  • (f)

    the identity of a person with whom the person may have come in contact before, within or since leaving the isolation area; and

  • (g)

    the details of goods with which the person has had contact and their whereabouts.

• (2)

  A person who is questioned under subsection (1) shall truly answer to the best of his knowledge all questions put to him.

• (3)

  It is not a defence to a prosecution under this section that a person did not know that:

  • (a)

    he was entering, leaving or located in an isolation area;

  • (b)

    the person asking questions under subsection (1) was a medical officer or authorized person; or

  • (c)

    he was required to truly answer to the best of his knowledge all questions put to him.

  20Unauthorized exit from isolation area
• (1)

  A person who has or is suspected of having left an isolation area in contravention of an order under section 18 may be arrested without warrant.

• (2)

  A person referred to in subsection (1) who is arrested shall:

  • (a)

    be placed in isolation if practicable; and

  • (b)

    submit to such medical examination and such medical treatment as the Chief Health Officer thinks fit.

• (3)

  Goods removed from an isolation area in contravention of an order under section 18 shall be forfeited to the Crown and may be seized, treated, destroyed or disposed of as the Chief Health Officer thinks fit.

21Compensation

• (1)

  Subject to section 22, if a person suffers:

  • (a)

    a loss; or

  • (b)

    damage to his property,

  as the result of an order of the Chief Health Officer under this Act or purported to be under this Act, the person shall be compensated by the Crown for such loss or damage directly caused by that order.

• (2)

  If the Chief Health Officer and a person entitled under this section or section 23(2) to be compensated cannot agree on an amount of compensation, the person may apply to the Local Court to determine an amount of compensation.

• (3)

  Where a person applies to the Local Court under subsection (2), the Court shall hear and determine the matter in such manner and may make such order as to costs, as it thinks fit.

22Self-induced loss

A person shall not be entitled to compensation under section 21 if the relevant loss or damage arose from his failure:

• (a)

  to comply with an order under section 18; or

• (b)

  to take reasonable precautions to prevent the need for action under section 18.

23Unauthorized persons

• (1)

  For the purposes of this Act, a person who is not but holds himself out as:

  • (a)

    the Chief Health Officer;

  • (b)

    a medical officer;

  • (c)

    a medical practitioner;

  • (d)

    a member of the Police Force; or

  • (e)

    an authorized person,

  is guilty of an offence.

  Maximum penalty:          Imprisonment for 2 years.

• (2)

  If a person consents to an act or omission by an offender under subsection (1) and such consent:

  • (a)

    results in the person suffering a loss or his property being damaged or destroyed; and

  • (b)

    was given in the reasonable belief that the offender was authorized or empowered to cause such loss or damage,

  that person shall be compensated by the Crown for such loss or damage directly caused by the act or omission of the offender.

24Compensation a debt due

Compensation payable under this Act by the Crown is a debt due by the Crown.

25Recovery from person found guilty

• (1)

  Where a person is found guilty of an offence under section 23(1) and compensation is paid under section 23(2) in respect of the loss or damage from the act or omission constituting the offence, a court may, at any time on the application of the Crown, make an order that the person found guilty of the offence under section 23(1) refund to the Crown the whole or a part of the amount of compensation paid by the Crown under section 23(2) together with the whole or a part of any costs awarded in respect of the application for compensation.

• (2)

  An order made under subsection (1) may be for the payment by the person found guilty of a lump sum or of periodical payments during a specified period, or both.

26Civil remedy

An order made for the payment of compensation under this Act shall not affect the civil right of a person to compensation or damages in respect of his loss or damage.

Part 3ALiability of Red Cross Society 26AInterpretation

• (1)

  In this Part:

  approved means approved by the Chief Health Officer.

  donor means a blood donor.

  Society means the society incorporated by Royal Charter under the name of the Australian Red Cross Society.

  specified action means an action at law brought by or on behalf of:

  • (a)

    a person who claims to have contracted a transmittable disease:

    • (i)

      by reason of having been administered blood supplied by the Society or a blood product derived from blood supplied by the Society;

    • (ii)

      by reason of having been involved in the taking, testing, handling, producing, supplying, or administering to a patient of blood supplied by the Society or a blood product derived from blood supplied by the Society; or

    • (iii)

      from a person who contracted a transmittable disease in a circumstance specified in subparagraph (i) or (ii); or

  • (b)

    a dependant of a person who dies as a result of having contracted a transmittable disease in a circumstance specified in paragraph (a);

  transmittable disease means any of the following diseases:

  • (a)

    the disease known as Acquired Immune Deficiency Syndrome in any of its forms or stages;

  • (b)

    hepatitis B;

  • (c)

    hepatitis C;

  • (d)

    any disease resulting from infection by the Human T cell Lymphoma virus 1 or 2;

  • (e)

    syphilis;

  • (f)

    hepatitis G;

  • (g)

    New Variant Creutzfeldt Jakob Disease;

  • (h)

    a prescribed disease.

• (2)

  For the purposes of sections 26B and 26C, the specified requirements in relation to taking blood from a donor are that:

  • (a)

    before taking the blood, the Society obtains from the donor a declaration in the form approved under subsection (3); and

  • (b)

    before supplying the blood to be administered to a person or to be used in the preparation of blood products to be administered to a person, a sample of the blood is tested, using approved equipment and in accordance with an approved method, for the presence of any pathogen capable of causing the relevant transmittable disease and the Society ascertains that the result of the test is negative.

• (3)

  The Chief Health Officer may approve the form of a declaration for subsection (2).

• (4)

  The Chief Health Officer must publish the approved form of a declaration on the Agency’s website.

26BLiability of Red Cross Society

In a specified action against:

• (a)

  the Society;

• (b)

  an officer or employee of, or person working whether with or without payment or reimbursement for, the Society; or

• (c)

  any other person or body who takes blood from a donor on behalf of the Society,

it is a defence that the Society complied with the specified requirements, or caused the specified requirements to be complied with, in taking the relevant blood and in testing, processing, and handling that blood and blood products derived from that blood.

26CLiability of hospitals and medical practitioners etc.

In a specified action against:

• (a)

  a hospital or other body at whose premises blood supplied by the Society or a blood product derived from blood supplied by the Society is administered to a patient; or

• (b)

  a medical practitioner, or a person acting on behalf of a medical practitioner, who administered to a patient or authorized the administration to a patient of blood supplied by the Society or a blood product derived from blood supplied by the Society,

it is a defence that:

• (c)

  at the time the blood or blood product was administered there was attached to the container in which the blood or blood product was contained a certificate purporting to be signed by the person in charge of the laboratory at which a sample of the blood was tested, stating that a sample of the blood or, in the case of the blood product, a sample of each unit of blood from which the blood product was derived, was tested, using approved equipment and in accordance with an approved method, for the presence of any pathogen capable of causing the relevant transmittable disease and the result of the test was negative; or

• (d)

  the Society complied with the specified requirements or caused them to be complied with in respect of the taking of the relevant blood and the testing, processing, and handling of that blood or of blood products derived from it.

26DLiability where requirements not complied with

• (1)

  The defence afforded by section 26B does not apply if, after the Society has supplied blood to be administered to a person or to be used in the preparation of a blood product to be administered to a person, the Society has reasonable grounds for believing that that blood or blood product is likely to contain any pathogen capable of causing the relevant transmittable disease and:

  • (a)

    the Society does not take all reasonable steps to ascertain whether the blood or blood product has been administered to a person; or

  • (b)

    having taken those steps and having reason to believe that that blood or blood product has not been so administered, the Society does not take all reasonable steps to ensure that the blood or blood product is not administered to a person.

• (2)

  The defence afforded by section 26C does not apply if, at any time up to and including the time at which the blood or blood product was administered, the hospital or other body at the premises of which the blood or blood product was administered:

  • (a)

    had been informed that that blood or blood product was likely to contain any pathogen capable of causing the relevant transmittable disease; and

  • (b)

    did not take all reasonable steps to ensure that the blood or blood product was not administered to a person.

• (3)

  The defence afforded by section 26C does not apply to or in relation to a medical practitioner or person acting on behalf of a medical practitioner if, at the time the blood or blood product was administered, the medical practitioner or other person had been informed that that blood or blood product was likely to contain any pathogen capable of causing the relevant transmittable disease.

26ELiability of blood donor

• (1)

  A person who, in a declaration referred to in section 26A(2)(a), makes a statement that is false in a material particular is guilty of an offence.

  Maximum penalty:          85 penalty units or imprisonment for 2 years.

• (2)

  No proceedings, civil or criminal, other than proceedings under subsection (1), lie against a donor of blood by reason only of a person having contracted a transmittable disease from the administration to the person of blood given by, or of a blood product derived partly from blood given by, that donor.

• (3)

  Subsection (2) does not apply to or in relation to a blood donor who has been found guilty of an offence against subsection (1).

26FEvidentiary certificates

For the purposes of this Part, a certificate purporting to be signed by the person in charge of the laboratory at which a sample of blood was tested and stating that:

• (a)

  the blood sample was tested using approved equipment and in accordance with an approved method; and

• (b)

  the results specified in the certificate were obtained,

is evidence of the matters so stated and of the facts on which they are based.

Part 4Miscellaneous matters 27Registers

The Chief Health Officer may keep such registers:

• (a)

  of persons who are or were infected persons or suspect persons; and

• (b)

  in such form,

as he thinks fit.

28Application

Where an order or direction made or given under, or a provision of, this Act is inconsistent with the Emergency Management Act 2013 or an order or direction made or given under that Act, that Act or order or direction made or given under that Act shall prevail to the extent of that inconsistency.

29Secrecy to be preserved

• (1)

  An employee within the meaning of the Public Sector Employment and Management Act 1993 or other person, who acts or assists in the administration of this Act or who is present in a room or at a place where a matter under this Act concerning another person is being discussed, shall preserve and aid in preserving secrecy concerning all matters and things which come to his knowledge whilst so acting, assisting or being present, except so far as his duties under this Act require or except in answer to a question he is bound to answer.

  Maximum penalty:          Imprisonment for 2 years.

• (2)

  In this section, this Act includes the Ordinances and Regulations repealed by section 3.

30Disclosures to be protected

Subject to section 21, no action, claim or demand lies, or shall be commenced or allowed, by or in favour of a person against another person or the Crown, in respect of an act, matter or thing done by that other person in good faith in the exercise or purported exercise of a power or performance or purported performance of a function under this Act, for the purpose of giving effect to the provisions or objects of this Act, or for discharging an obligation placed upon that other person or the Crown by this Act.

31Delegation

• (1)

  The Chief Health Officer may, by instrument in writing, either generally or in relation to a particular matter or class of matters, delegate to a person specified in the instrument of delegation all or any of his powers or functions under this Act, other than this power of delegation.

• (2)

  A power or function delegated in accordance with subsection (1) shall be exercised or performed by the delegate in accordance with the instrument of delegation.

• (3)

  A delegation under this section is revocable at will by the Chief Health Officer and does not prevent the exercise of a power or the performance of a function by him.

• (4)

  When delegating a power or a function under subsection (1) to a person, the Chief Health Officer may describe the person as an authorized person and the person so described is an authorized person for the purposes of the exercise of that power or performance of that function.

32Distribution of information

The Chief Health Officer may, as he thinks fit, disseminate information relating to the cause, nature and effects of a notifiable disease.

33Statutory declarations

• (1)

  A question referred to in section 19 may be written or oral and the medical officer or authorized person may require the answers to be given in writing or orally.

• (2)

  A medical officer or authorized person may, if he thinks fit, require a person to verify by a declaration an answer to a question asked under section 19.

34Specific offences

A person who:

• (a)

  gives, offers, promises to give or procure to be given a bribe, recompense or reward to a medical practitioner, medical officer or authorized person, to induce him to neglect his duty;

• (b)

  makes a collusive agreement with a medical practitioner, medical officer or authorized officer to neglect his duty;

• (c)

  by threats, demands or promises, attempts to improperly influence a medical practitioner, medical officer or authorized person in the performance of his duty; or

• (d)

  assaults or by force molests, hinders, obstructs or intimidates a medical practitioner, medical officer or authorized person in the performance of his duty,

is guilty of an offence.

Maximum penalty:          8 penalty units or imprisonment for 6 months.

35Taking bribes

A medical practitioner, medical officer or authorized person who:

• (a)

  accepts a bribe, recompense or reward for or on account of a neglect to perform his duty; or

• (b)

  makes a collusive agreement with a person to neglect his duty,

is guilty of an offence.

Maximum penalty:          Imprisonment for 3 years.

36Unlawful destruction

A medical officer or authorized person shall not unlawfully destroy or damage goods.

37Averments

In proceedings for an offence against this Act:

• (a)

  an averment of the prosecutor, contained in a complaint or information, that at a specified time an area was an isolation area;

• (b)

  a certificate from a medical officer that a person was an infected person or suspect person; or

• (c)

  a certificate from a person conducting a pathology investigation which states that a sample from a person or animal establishes that a notifiable disease is present or confirms a diagnosis of a medical practitioner,

is prima facie evidence of the matter so averred or certified, as the case may be.

38Offences and penalties

• (1)

  A person shall not contravene or fail to comply with a provision of, or an order under, this Act or the Regulations.

• (2)

  A person who contravenes or fails to comply with a provision of, or an order under, this Act or the Regulations for which a penalty is not provided by a provision of this Act or the Regulations other than this section, is punishable upon being found guilty by a fine not exceeding 8 penalty units or imprisonment for 6 months.

• (3)

  A prosecution for an offence against a provision of, or an order under, this Act or the Regulations shall not be commenced unless approved by the Chief Health Officer.

38ARegulatory offences

An offence of contravening or failing to comply with the provisions of, or an order under, section 11(2), 15(3) or 19(2) is a regulatory offence.

39Regulations

• (1)

  The Administrator may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and for prescribing penalties not exceeding 8 penalty units or imprisonment for 6 months for a breach of a regulation.

• (2)

  Without limiting the generality of subsection (1), the Administrator may prescribe procedures and forms:

  • (a)

    for an appeal to the Local Court against a notice under section 11(1) or a direction contained in the notice; and

  • (b)

    for an application to the Local Court to determine an amount of compensation under section 21(2).

  Part 5Transitional matters for Health Legislation Amendment Act 2021    

40Approval of form of declaration

• (1)

  An approval given under section 26A(3) that was in effect immediately before the commencement of Part 2 of the amending Act continues to have effect as if it were given by the Chief Health Officer under the section as amended by the amending Act.

• (2)

  In this section:

  amending Act means the Health Legislation Amendment Act 2021.

   

Schedule 1Ordinances repealed

section 3

Number and year	Short title
No.   4, 1923	Venereal Diseases Ordinance 1923
No.   5, 1928	Venereal Diseases Ordinance 1928
No.   6, 1928	Endemic Diseases Ordinance 1928
No.   7, 1933	Venereal Diseases Ordinance 1933
No.   2, 1951	Tuberculosis Ordinance 1950
No. 11, 1954	Leprosy Ordinance 1954
No. 11, 1957	Leprosy Ordinance 1957
No. 12, 1957	Endemic Diseases Ordinance 1957
No. 35, 1957	Venereal Diseases Ordinance 1957
No. 14, 1964	Endemic Diseases Ordinance 1964
No. 25, 1964	Tuberculosis Ordinance 1964
No. 25, 1976	Venereal Diseases Ordinance 1976

Schedule 2

section 4

ALL THAT piece of land near East Arm in the Hundred of Bagot County of Palmerston Northern Territory of Australia containing an area of 91.51 hectares more or less being Hundred of Bagot Portion 1787 and being more particularly delineated on survey plan A 1006 lodged with the Surveyor-General, Darwin.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Notifiable Diseases Act 1981 (Act No. 34, 1981)
Assent date	30 March 1981
Commenced	1 July 1981 (Gaz S7, 26 June 1981)
Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)
Assent date	28 November 1983
Commenced	1 January 1984 (s 2 s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5)
Notifiable Diseases Amendment Act 1985 (Act No. 46, 1985)
Assent date	19 September 1985
Commenced	30 October 1985 (Gaz G43, 30 October 1985, p 10)
Statute Law Revision Act 1985 (Act No. 49, 1985)
Assent date	1 October 1985
Commenced	1 October 1985
Local Court (ConsequentialAmendments)Act 1989 (Act No. 14, 1989)
Assent date	5 June 1989
Commenced	s 6: 5 June 1989; rem: 1 January 1991 (s 2, s 2 Small Claims Amendment Act 1988 (Act No. 43, 1988), Gaz G17, 3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989) and Gaz G49, 12 December 1990, p 2)
Statute Law Revision Act 1989 (Act No. 60, 1989)
Assent date	2 October 1989
Commenced	2 October 1989
Local Court (Consequential Amendments) Act 1990 (Act No. 31, 1990)
Assent date	11 June 1990
Commenced	s 5: 11 June 1990; rem: 1 January 1991 (s 2, s 2 Small Claims Amendment Act 1988 (Act No. 43, 1988), Gaz G17, 3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989) and Gaz G49, 12 December 1990, p 2)
Sentencing (ConsequentialAmendments) Act 1996 (Act No. 17, 1996)
Assent date	19 April 1996
Commenced	s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
Statute Law Revision Act 1997 (Act No. 17, 1997)
Assent date	11 April 1997
Commenced	1 May 1997 (Gaz G17, 30 April 1997, p 2)
Notifiable Diseases Amendment Act 1998 (Act No. 82, 1998)
Assent date	7 December 1998
Commenced	7 April 1999 (Gaz G13, 7 April 1999, p 4)
Public and Environmental Health Act 2011 (Act No. 7, 2011)
Assent date	16 March 2011
Commenced	1 July 2011 (Gaz S28, 3 June 2011)
Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011)
Assent date	31 August 2011
Commenced	21 September 2011 (Gaz G38, 21 September 2011, p 4)
Emergency Management Act 2013 (Act No. 27, 2013)
Assent date	8 November 2013
Commenced	27 November 2013 (Gaz S63, 27 November 2013)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date	6 April 2016
Commenced	1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)
Health Legislation Amendment Act 2021 (Act No. 20, 2021)
Assent date	23 September 2021
Commenced	24 September 2021 (s 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 5, 28 and 29.

• 4

  LIST OF AMENDMENTS

pt 1 hdg             amd No. 20, 2021, s 7

s 4                     amd No. 17, 1997, s 17

s 5                     amd No. 17, 1997, s 17; No. 82, 1998, s 4; No. 7, 2011, s 140

pt II hdg             amd No. 20, 2021, s 7

s 8                     amd No. 17, 1997, s 17

sub No. 82, 1999, s 5

s 12                   amd No. 14, 1989, s 7

ss 13 – 14          amd No. 17, 1997, s 17

s 16                   amd No. 17, 1997, s 17

sub No. 82, 1999, s 6

pt III hdg            amd No. 20, 2021, s 7

s 17                   amd No. 20, 2021, s 4

s 18                   amd No. 17, 1997, s 17

s 20                   amd No. 17, 1997, s 17

s 21                   amd No. 31, 1990, s 7; No. 17, 1997, s 17

s 23                   amd No. 17, 1997, s 17; No. 28, 2011, s 4

s 25                   amd No. 17, 1996, s 6

pt IIIA hdg          ins No. 46, 1985, s 4

amd No. 82, 1998, s 7; No. 20, 2021, s 7

s 26A                 ins No. 46, 1985, s 4

amd No. 17, 1997, s 17; No. 82, 1998, s 8; No. 20, 2021, s 5

s 26B                 ins No. 46, 1985, s 4

s 26C                 ins No. 46, 1985, s 4

amd No. 82, 1998, s 9; No. 20, 2021, s 7

s 26D                 ins No. 46, 1985, s 4

amd No. 82, 1998, s 10

s 26E                 ins No. 46, 1985, s 4

amd No. 82, 1998, s 11; No. 28, 2011, s 4

s 26F                 ins No. 46, 1985, s 4

pt IV hdg            amd No. 20, 2021, s 7

s 27                   amd No. 17, 1997, s 17

s 28                   amd No. 60, 1989, s 6; No. 27, 2013, s 128

s 29                   amd No. 49, 1985, s 4; No. 28, 2011, s 4

ss 31 – 32          amd No. 17, 1997, s 17

s 33                   amd No. 60, 1989, s 6

ss 34 – 35          amd No. 28, 2011, s 4

s 38                   amd No. 17, 1996, s 6; No. 17, 1997, s 17; No. 28, 2011, s 4

s 38A                 ins No. 68, 1983, s 22

s 39                   amd No. 46, 1985, s 5; No. 82, 1998, s 12; No. 28, 2011, s 4; No. 8, 2016, s 45

pt 5 hdg             ins No. 20, 2021, s 6

s 40                   ins No. 20, 2021, s 6

sch 3                 amd No. 46, 1985, s 6

rep No. 82, 1998, s 13

sch 4 – 5            rep No. 82, 1998, s 13

sch 6                 ins No. 46, 1985, s 7

rep No. 82, 1998, s 13