Public Health Act 1997 (ACT)
Public Health Act 1997
A1997-69
Republication No 44
Effective: 1 March 2024
Republication date: 1 March 2024
Last amendment made by A2023‑36
(republication for expiry of provisions (pt 7A, relevant dict defs stated in s 123F (2), relevant dict defs stated in s 136A (2)))
About this republication
The republished law
This is a republication of the Public Health Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Public Health Act 1997
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Objectives 3
6 Construction consistent with certain other laws 3
6AOffences against Act—application of Criminal Code etc 5
Part 2 Statutory offices
7 Chief health officer 6
8 Acting chief health officer 6
9 Functions of chief health officer 7
10 Biennial reporting by chief health officer 8
11 Delegation by chief health officer 8
12 Appointment of public health officers 9
12A Functions of public health officers 9
13 Appointment of authorised medical officers 10
14 Functions of authorised medical officers 10
15 Appointment of analysts 10
15A Functions of analysts 11
15AA Analysts and assistants—authority to handle drugs etc 11
15B Non-public servant analysts—appointment subject to conditions 13
15C Non-public servant analysts—procedure for imposition etc of conditions on director‑general’s initiative 13
15D Non-public servant analysts—suspension or cancellation of appointment 14
16 Identity cards 16
17 Protection from liability 16
Part 3 Public health risk activities and public health risk procedures
Division 3.1 General
18 Public health risk activities and procedures—declaration 17
20 Compliance with codes of practice 18
Division 3.2 Licensable public health risk activities
21 Activity licences—offences 19
22 Exemption from licensing requirement—activity accreditation schemes 20
23 Activity accreditation standards—modification 21
24 Alteration of premises and appliances—offence 21
25 Alteration of premises and appliances—approval 22
29 Activity licence—application 22
30 Activity licence—grant or refusal 23
31 Activity licence—form 24
32 Activity licence—duration 25
33 Activity licence—renewal 25
34 Activity licence—variation 25
35 Activity licence—return for endorsement of variation 26
36 Activity licence—application for transfer 27
37 Activity licence—grant or refusal of transfer 27
38 Activity licence—surrender 28
39 Activity licence—suspension and cancellation 29
40 Activity licence—emergency suspension 30
41 Activity licence—automatic suspension 31
42 Activity licence—return of defunct licences 32
42A Licensable public health risk activities—false representation 32
42B Licensable public health risk activities—inspection 33
Division 3.3 Licensable public health risk procedures
42C Procedure licences—offences 33
42D Exemption from licensing requirement—procedure accreditation schemes 34
42E Procedure accreditation standards—modification 35
42F Alteration of appliances—offence 35
42G Alteration of appliances—approval 36
43 Procedure licence—application 36
44 Procedure licence—further information 36
45 Procedure licence—grant or refusal 37
46 Procedure licence—form 37
47 Procedure licence—annual fees 38
48 Procedure licence—suspension and cancellation for failure to pay annual fee 38
49 Procedure licence—variation 39
50 Procedure licence—return for endorsement of variation 40
51 Procedure licence—duration 40
52 Procedure licence—surrender 40
53 Procedure licence—suspension and cancellation 41
54 Procedure licence—emergency suspension 42
55 Procedure licence—automatic suspension 43
56 Procedure licence—return of defunct licences 44
56A Licensable public health risk procedures—false representation 44
56B Procedure licence—inspection 44
Division 3.4 Registration of public health risk activities
56C Registrable public health risk activities—offences 45
56D Activity register 45
56E Registered people register 46
56F Registration—application 46
56G Registration—grant or refusal 47
56H Registration—certificate 47
56J Registration—duration 48
56K Registration—renewal 48
56L Registration—change of information 49
56M Registration—application for approval of transfer 50
56N Registration—grant or refusal of transfer 50
56P Registration—notified suspension and cancellation 51
56Q Registration—automatic suspension (prohibition notice) 52
56R Registration—return of suspended or cancelled certificates 53
56S Registration—surrender 53
56T Registration—false representation 53
56U Registration—inspection 53
Division 3.6 Improvement notices
57 Improvement notice—compliance 54
58 Improvement notice—issue 54
59 Improvement notice—extension of compliance period 55
60 Improvement notice—revocation 56
Division 3.7 Prohibition notices
61 Prohibition notice—issue 56
62 Prohibition notice—extension of compliance period 58
63 Prohibition notice—display 59
64 Prohibition notice—implementation 59
65 Prohibition notice—revocation 60
66 Prohibition orders 61
Part 3A Supply of syringes
Division 3A.1 Supplying syringes to approved people
66A Definitions—div 3A.1 63
66B Courses of instruction 63
66C Distribution of syringes—approval 63
66D Approval—surrender 64
66E Approval—cancellation 65
66F Approval—duration 65
66G Approval—renewal 65
66H Approval—production to police 66
66I Approval—lending to another person 66
66J Approval—no liability for ancillary offences 66
66K Return of approval to chief health officer 67
Division 3A.2 Supplying syringes by vending machine
66L Definitions—div 3A.2 67
66M Application for vending machine approval 68
66N Further information for vending machine approval application 68
66O Decision about vending machine approval application 68
66P Vending machine approval—conditions 69
66Q Vending machine approval—surrender 70
66R Vending machine approval—cancellation 70
66S Vending machine approval—return on surrender or cancellation 70
66T Vending machine approval—no liability for ancillary offences 71
Part 3B Pharmacies
66U Meaning of community pharmacy—pt 3B 72
66V Ownership of pharmacy business 72
66W Standard of premises 75
66X Restriction on pharmacy premises—supermarkets 75
Part 4 Insanitary conditions
67 Offence—insanitary conditions 76
68 Complaints about insanitary conditions 76
69 Abatement notices—issue 76
70 Abatement notice—extension of compliance period 78
71 Abatement notice—implementation 78
72 Abatement notice—revocation 79
73 Abatement orders 80
74 Joint and several responsibility for insanitary conditions 82
Part 5 Inspection and analysis
Division 5.1 Preliminary
75 Definitions for pt 5 84
Division 5.2 Authorised officers’ powers
76 Entry 85
77 Consent to entry 86
78 Powers upon entry 86
79 Power to require name and address 88
80 Search warrants 89
81 Warrants by telephone or other electronic means 90
Division 5.3 Seizure
84 Seizure notices 91
85 Detention of things at place of seizure 92
86 Interference with seized things 93
87 Access to seized records 94
88 Return of seized things 94
89 Court orders for relief against seizure 95
90 Forfeiture 96
91 Cost of destruction or disposal of things forfeited 97
92 Destruction of contaminated items 97
Division 5.4 Analysis
93 Analyst’s power of entry 97
94 Notice of taking of sample 98
97 Time limit for certain prosecutions 98
98 Prohibited use of analysis 99
Part 6 Notifiable conditions and public health hazards
Division 6.1 Preliminary
99 Principles—notifiable conditions 100
100 Notifiable conditions—Ministerial determination 101
101 Notifiable conditions—temporary status 102
Division 6.2 Notification of notifiable conditions
102 Notification by doctors and nurse practitioners 103
102A Doctors and nurse practitioners—failure to notify 104
103 Pathologists 105
104 Hospitals 106
105 Notification by responsible people 106
106 Notification by affected person—notifiable conditions 107
107 Unauthorised assertions 108
108 Authorised notification of contacts 108
109 Use of notified information 110
110 Disclosure of information—person with notifiable condition 110
111 Disclosure of information that identifies doctor etc 111
Division 6.3 Public health hazards
112 Notification of public health hazards 112
113 Public health directions—issue 112
114 Public health directions—notice to doctor or nurse practitioner 114
115 Public health directions—extension of compliance period 115
115A Public health direction—confinement 115
116 Public health direction—implementation 115
117 Public health directions—revocation 117
118 Public health orders 118
Part 6A Public health alerts
118A Public health alerts 120
Part 6B Drinking water and sewage processing
Division 6B.1 Drinking water
118B Definitions for div 6B.1 121
118C Relationship with other provisions of this Act 121
118D Water processing health risk—public warning by utility 121
118E Misleading information about water processing 122
118F Provision of water processing information to chief health officer 123
118G Contaminated drinking water provided by water utility 123
Division 6B.2 Sewage
118H Definitions for div 6B.2 123
118I Relationship with other provisions of this Act 123
118J Sewage processing health risk—public warning by utility 124
118K Misleading information about sewage processing 124
118L Provision of sewage processing information to chief health officer 125
Part 7 Public health emergencies
119 Emergency declarations 126
120 Emergency actions and directions 127
121 Emergency powers 128
122 Compensation 130
123 Reports on emergencies 131
Part 8 Public health investigations
124 Investigations 132
125 Procedure 132
126 Powers 133
127 Reports 133
128 Protection and immunity 133
129 Investigation offences 134
Part 9 Review and appeals
130 Meaning of reviewable decision—pt 9 136
131 Reviewable decision notices 138
131A Applications for review 139
132 Appeals 139
Part 10 Miscellaneous
133 Codes of practice 140
134 Declarations for the Planning Act 2023 141
135 Evidence—costs and expenses 142
135A Evidence—certificates by analysts 143
136 Acts and omissions of representatives 145
137 Determination of fees 146
138 Regulation-making power 146
Dictionary148
Endnotes
1 About the endnotes 157
2 Abbreviation key 157
3 Legislation history 158
4 Amendment history 165
5 Earlier republications 193
Public Health Act 1997
An Act relating to public health, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Public Health Act 1997.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘notified suspension or cancellation, of registration—see section 56P (1).’ means that the expression ‘notified suspension or cancellation’ is defined in section 56P (1).
Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Objectives
This Act must be construed and administered in accordance with the following objectives:
(a)the protection of the public from public health risks including those associated with facilities, equipment, products and activities not adequately controlled by another law of the Territory or a law of the Commonwealth;
(b)through the monitoring of health indicators, to provide the public with information about the health of the population and to design and implement appropriate policies and programs for the maintenance and improvement of the population’s health;
(c)the provision of a rapid response to public health risks;
(d)the exercise of functions under this Act in a professional and responsible way;
(e)the avoidance of any undue infringement of individual liberty and privacy in the exercise of functions under this Act.
Construction consistent with certain other laws
(1)This Act must be construed and administered in a way that is consistent with a health law or an environment law unless the contrary intention appears from this Act or that law.
(2)This Act must be taken to be consistent with a health law or an environment law to the extent that it is capable of operating concurrently with that law.
(3)Without limiting subsection (2)—
(a)a function under the Food Act 2001 may be exercised independently of, in conjunction with, or instead of, a function under this Act; and
(b)a function under this Act may be exercised independently of, in conjunction with, or instead of, a function under the Food Act 2001.
Examples of s (3)
1 The issue of an abatement notice under this Act in relation to unfit food premises instead of an improvement notice under the Food Act 2001.
2 For food handled by a person with a highly contagious serious disease, a public health emergency could be declared under this Act and directions given to isolate affected people and require them to undergo a medical examination and the food could be recalled under the Food Act 2001, pt 4 (Emergency powers).
(4)In this section:
environment law means a law of the Territory that has as 1 of its objects or purposes the protection of the environment.
health law means—
(a)a law of the Territory that has as 1 of its objects or purposes the protection of public health; or
(b)the Food Act 2001; or
(c)the Medicines, Poisons and Therapeutic Goods Act 2008.
6AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 67 (Offence—insanitary conditions)
· s 102A (Doctors and nurse practitioners—failure to notify)
· s 111 (Disclosure of information that identifies doctor etc).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Statutory offices
Chief health officer
(1)The Minister must appoint a person to be the chief health officer.
NoteFor the making of appointments generally, see Legislation Act, pt 19.3.
(2)The chief health officer must be a public servant and a doctor.
(3)An appointment under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4)The Minister may suspend the chief health officer from duty on grounds of misbehaviour or physical or mental incapacity, being grounds the particulars of which are stated in the suspension.
(5)A suspension is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(6)Following the suspension of the chief health officer, the Minister may, in writing, revoke the appointment of the chief health officer if—
(a)after the last day when the suspension could have been disallowed under the Legislation Act 2001, the suspension has not been disallowed; and
(b)the Minister is satisfied that the grounds for suspension stated in the suspension still exist.
Acting chief health officer
(1)The director‑general may appoint a person to act as the chief health officer—
(a)during any vacancy or all vacancies in the position of chief health officer; or
(b)during any period, or all periods, when the chief health officer cannot for any reason exercise the functions of the position.
NoteFor the making of acting appointments generally, see Legislation Act, div 19.3.2.
(2)An acting chief health officer must be a doctor.
(3)The Legislation Act 2001, section 209 (Power of appointment includes power to make acting appointment) does not apply to the position of chief health officer.
Functions of chief health officer
(1)The functions of the chief health officer are as follows:
(a)to develop and implement strategies to promote and protect public health;
(b)to ensure that the following Acts are complied with:
(i)this Act;
(ii)the Food Act 2001;
(iii)the Medicines, Poisons and Therapeutic Goods Act 2008;
(iv)the Radiation Protection Act 2006;
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(c)to advise the Minister about proposed legislative or administrative changes related to public health and the safety and suitability of food for human consumption;
(d)to carry out any other functions decided, in writing, by the Minister for an Act mentioned in paragraph (b).
(2)The chief health officer may also exercise any other function given to the chief health officer by another Territory law.
Biennial reporting by chief health officer
(1)The chief health officer must prepare a written report every 2 years about public health indicators in the Territory in respect of the following matters:
(a)trends and indicators in health status;
(b)potential public health risks;
(c)morbidity and mortality;
(d)notifiable conditions;
(e)health promotion activities;
(f)harm minimisation activities;
(g)access and equity indicators relevant to health;
(h)social indicators relevant to health;
(i)health services performance against minimum standards of care;
(j)intersectoral activities relevant to health;
(k)any other matter considered appropriate by the chief health officer.
(2)A report must be given to the Minister within 3 months after it is prepared.
(3)The Minister must present a report to the Legislative Assembly within 6 sitting days after the day the Minister receives it.
Delegation by chief health officer
The chief health officer may delegate a function under any of the following Acts to a person:
(a)this Act;
(b)the Drugs of Dependence Act 1989;
(c)the Food Act 2001;
(d)the Medicines, Poisons and Therapeutic Goods Act 2008;
(e)the Radiation Protection Act 2006.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Appointment of public health officers
The director‑general may appoint a person to be a public health officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
12AFunctions of public health officers
(1)The chief health officer may, in writing, authorise a public health officer to be an authorised officer for this Act or a provision of this Act.
(2)The chief health officer may, in writing, authorise a public health officer to be an authorised officer for the Food Act 2001 or a provision of that Act.
NoteFor the Medicines, Poisons and Therapeutic Goods Act 2008, see div 7.1.2 (Medicines and poisons inspectors).
(3)A public health officer may also exercise any other function given to a public health officer by this Act or another Territory law.
Appointment of authorised medical officers
The director‑general may appoint a doctor to be an authorised medical officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Functions of authorised medical officers
(1)The chief health officer may, in writing, authorise an authorised medical officer to be an authorised officer for this Act or a provision of this Act.
(2)An authorised medical officer may also exercise any other function given by this Act or another Territory law.
Appointment of analysts
The director‑general may appoint a person as—
(a)the government analyst; or
(b)an analyst.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
15AFunctions of analysts
(1)The chief health officer may, in writing, authorise an analyst for any of the following Acts or any provision of the following Acts:
(a)this Act;
(b)the Criminal Code;
(c)the Drugs of Dependence Act 1989;
(d)the Food Act 2001;
(e)the Medicines, Poisons and Therapeutic Goods Act 2008.
Note 1Analyst includes the government analyst (see dict).
Note 2For evidentiary certificates by analysts, see s 135A.
Note 3A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)An analyst may also exercise any other function given to the analyst by this Act or another territory law.
15AAAnalysts and assistants—authority to handle drugs etc
(1)For section 15A and within the scope of the person’s employment, each of the following people is authorised to carry out an authorised activity in relation to a prohibited thing:
(a)an analyst;
NoteAnalyst includes the government analyst (see dict).
(b)a person working under the direct supervision of an analyst.
(2)In this section:
authorised activity, in relation to a prohibited thing, means each of the following:
(a)obtaining the thing;
(b)manufacturing the thing;
(c)possessing the thing, whether for use as a reference or otherwise;
(d)if the thing is a controlled plant under the Criminal Code, section 600—cultivating the plant;
(e)giving the thing to a person who is authorised to obtain it;
(f)transporting the thing;
(g)destroying the thing.
cultivates—see the Criminal Code, section 615.
employment includes engagement under a contract for services.
manufacture—see the Criminal Code, section 606.
prohibited thing means—
(a)a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code, section 600; or
(b)a regulated substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008; or
(c)equipment used to manufacture something mentioned in paragraph (a) or (b); or
(d)equipment used to cultivate a controlled plant within the meaning of the Criminal Code, section 600.
15BNon-public servant analysts—appointment subject to conditions
(1)The appointment of a person who is not a public servant as an analyst may be—
(a)made subject to conditions; or
(b)amended by the director‑general to impose a condition to which the appointment is to be subject or to amend or revoke a condition to which the appointment is already subject.
(2)A condition may be imposed, amended or revoked by the director‑general—
(a)on the director‑general’s own initiative or on the application of the person; and
(b)for a stated period or indefinitely.
15CNon-public servant analysts—procedure for imposition etc of conditions on director‑general’s initiative
(1)If the director‑general proposes, on the director‑general’s own initiative, to take action under section 15B (1) (b) (Non-public servant analysts—appointment subject to conditions) to amend the person’s appointment to impose, amend or revoke a condition (the proposed action), the director‑general must give the person a written notice stating—
(a)the proposed action; and
(b)if the proposed action is to impose a condition to which the appointment is to be subject—the proposed condition; and
(c)if the proposed action is to amend a condition to which the appointment is subject—the proposed condition as amended; and
(d)if the proposed action is to impose or amend a condition, the grounds for the proposed action; and
(e)if appropriate, any action that must be taken by the person to avoid or reverse the proposed action; and
(f)the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect); and
(g)that the proposed action takes effect on the date of effect unless the notice is revoked by the director‑general before that date.
(2)The notice may, but need not, provide an opportunity for the person to make representations about why the proposed action should not be taken.
(3)The date of effect must not be earlier than 14 days after the notice is given to the person.
15DNon-public servant analysts—suspension or cancellation of appointment
(1)This section applies to a person who is not a public servant and who is appointed as an analyst.
(2)The director‑general may suspend the person’s appointment for no longer than 1 year, or cancel the person’s appointment, (the proposed action) if satisfied, on reasonable grounds, that—
(a)the person has breached a condition of the person’s appointment; or
(b)the person has otherwise contravened an Act mentioned in section 15A (1) or another territory law under which the person exercises a function; or
(c)the person is not a suitable person to hold the appointment because of misbehaviour or physical or mental incapacity.
NoteThe person’s appointment also ends if the person resigns (see Legislation Act, s 210).
(3)Before suspending or cancelling the appointment, the director‑general must give the person a written notice—
(a)stating the grounds on which the director‑general proposes to take the proposed action; and
(b)stating the facts that, in the director‑general’s opinion, establish the grounds; and
(c)stating the proposed action; and
(d)telling the person that the person may, within 14 days beginning the day after receiving the notice, give a written response to the director‑general about the matters in the notice.
(4)In deciding whether to suspend or cancel the appointment the director‑general must consider any response given to the director‑general under subsection (3) (d).
(5)If the director‑general is satisfied that grounds for taking action under this section have been established, the director‑general may—
(a)if the proposed action was to cancel the appointment—either cancel the appointment or suspend the appointment for a period of not longer than 1 year; or
(b)if the proposed action was to suspend the appointment for a stated period—suspend the appointment for a period of not longer than that period.
(6)The director‑general must give the person written notice of the director‑general’s decision.
(7)The director‑general’s decision takes effect on the day that notice of the director‑general’s decision is given to the person or, if the notice states a later date of effect, that date.
Identity cards
(1)The director‑general must issue to an officer an identity card specifying the officer’s name and office, and on which appears a recent photograph of the officer.
(2)Upon ceasing to occupy, or to act in, an office, a person must not, without reasonable excuse, fail to return the person’s identity card to the director‑general.
Maximum penalty: 1 penalty unit.
(3)In this section:
office means the following offices:
(a)chief health officer;
(b)public health officer;
(c)authorised medical officer;
(d)analyst.
Protection from liability
(1)In this section:
official means—
(a)the Minister; or
(b)the chief health officer; or
(c)an authorised officer; or
(d)anyone else exercising functions under this Act.
(2)An official does not incur civil or criminal liability for an act or omission done honestly and without negligence for this Act.
(3)A civil liability that would, apart from this section, attach to an official attaches instead to the Territory.
Part 3Public health risk activities and public health risk procedures
Division 3.1 General
Public health risk activities and procedures—declaration
(1)The Minister may declare an activity that may result in the transmission of disease, or that may otherwise adversely affect the health of individuals in the context of the wider health of the community, to be a public health risk activity.
Example
The Minister could, under subsection (1), declare as a public health risk activity the operation of a health care facility (including a hospital, day surgery or clinic where surgical procedures may be conducted or medical treatment may be provided).
(2)A declaration under this section may, in relation to a public health risk activity, declare 1 or more procedures in relation to that activity to be public health risk procedures.
(3)A declaration must indicate—
(a)for a declared public health risk activity—whether the activity is licensable, non-licensable or registrable; and
(b)for a declared public health risk procedure—whether the procedure is licensable or non-licensable.
(4)A declaration that an activity is a registrable public health risk activity may indicate that the activity is location-specific.
(5)A registrable public health risk activity that is location-specific is registrable separately—
(a)for each premises where it is carried on; or
(b)if it is carried on at more than 1 location on particular premises—for each such location.
Note 1A licence is required to carry on a public health risk activity or procedure that is declared to be licensable (see s 21 and s 42C), subject to the exemptions in s 22 and s 42D.
Note 2A licence is not required to carry on a public health risk activity or procedure that is declared to be non-licensable.
Note 3A licence is not required to carry on a public health risk activity that is declared to be registrable. However, a person must be registered to carry on a registrable public health risk activity (see s 56C), and a location‑specific registrable activity (see s 18 (4)) may only be carried on at a location that is registered for the activity (see s 56C (2)).
(6)A declaration under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Compliance with codes of practice
(1)A person carrying on a public health risk activity must not, without reasonable excuse, fail to comply with a code of practice in relation to that activity.
Maximum penalty:
(a)for a person who is not a utility—50 penalty units, imprisonment for 6 months or both; or
(b)for a utility—2 000 penalty units, imprisonment for 6 months or both.
(2)A person performing a public health risk procedure must not, without reasonable excuse, fail to comply with a code of practice in relation to that procedure.
Maximum penalty:
(a)for a person who is not a utility—50 penalty units, imprisonment for 6 months or both; or
(b)for a utility—2 000 penalty units, imprisonment for 6 months or both.
Division 3.2 Licensable public health risk activities
Activity licences—offences
(1)A person must not carry on a licensable public health risk activity unless the person—
(a)holds an activity licence for the activity; or
(b)is a defined influential person in relation to the holder of an activity licence for the activity.
Maximum penalty:
(a)for a person who is not a utility—50 penalty units, imprisonment for 6 months or both; or
(b)for a utility—2 000 penalty units, imprisonment for 6 months or both.
(2)A person must not carry on a licensable public health risk activity except in accordance with an activity licence.
Maximum penalty:
(a)for a person who is not a utility—50 penalty units; or
(b)for a utility—2 000 penalty units.
(3)This section does not apply to a person who is exempt under section 22.
Exemption from licensing requirement—activity accreditation schemes
(1)For section 21 (3), a person who carries on a licensable public health risk activity is exempt from the requirement to be licensed if—
(a)the person is accredited under an activity accreditation scheme for the activity; and
(b)the person has not, during the previous year, contravened the activity accreditation standards for the scheme (as modified, if at all, under section 23); and
(c)the person carrying on the activity, or a defined influential person in relation to the person, has not, during the previous year, contravened this Act or a corresponding public health risk law.
(2)The Minister may determine—
(a)activity accreditation schemes for licensable public health risk activities; and
(b)activity accreditation standards for activity accreditation schemes.
(3)A determination may apply, adopt or incorporate an instrument as in force from time to time.
Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
(4)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Activity accreditation standards—modification
(1)A person who carries on a licensable public health risk activity for which there is an activity accreditation scheme may apply to the Minister for a modification of the activity accreditation standards for the scheme as they apply to the person.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(2)The Minister may, by written notice, require the person to provide stated additional information about the application.
(3)If the person complies with this section, the Minister must, by written notice to the person, make the modification of the standards sought by the person unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the licensable public health risk activity
(4)If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal.
Alteration of premises and appliances—offence
(1)A person who carries on a licensable public health risk activity must not, except in accordance with an approval under section 25, make an activity premises alteration or a procedure appliance alteration if the alteration would increase the public health risk associated with the activity.
Maximum penalty: 50 penalty units.
(2)For subsection (1), an activity premises alteration or a procedure appliance alteration is taken to increase the public health risk associated with a public health risk activity if there are reasonable grounds for the person who carries on the activity to believe that the alteration would increase the risk (irrespective of the person’s actual belief).
Alteration of premises and appliances—approval
(1)A person who carries on a licensable public health risk activity may apply to the Minister for approval of an activity premises alteration or procedure appliance alteration.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(2)The Minister may, by written notice, require the person to provide stated additional information about the application.
(3)If the person complies with this section, the Minister must, by written notice to the person, approve the activity premises or procedure appliance alteration unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the licensable public health risk activity.
(4)If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal.
Activity licence—application
(1)A person may apply to the Minister for a licence to carry on a public health risk activity.
(2)An application must—
(a)be signed by the applicant; and
(b)specify the public health risk activity; and
(c)specify the premises on or from which the applicant intends to carry on the public health risk activity; and
(d)subject to subsection (3), in the case of existing premises, be accompanied by a sketch plan of the premises showing—
(i)the layout of all fixtures, fittings, appliances and any other equipment installed in the premises; and
(ii)the area, or each area forming part of the premises that will be used for the purposes of the public health risk activity, and the use to which it will be put; and
(e)for premises that, at the date of the application, have not been completed or are being altered—be accompanied by a copy of the relevant plans and specifications.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(3)Subsection (2) (d) does not apply where—
(a)another person named in the application is the holder of an activity licence in relation to a public health risk activity carried on at the premises; and
(b)the applicant intends to carry on the same public health risk activity at those premises; and
(c)the applicant states that there has been no change in any matter required to be shown in a sketch plan by subsection (2) (d) since the latest of the following dates:
(i)the date of the last presentation of a sketch plan of the premises under that paragraph;
(ii)the date of the last approval by the Minister of an alteration of the premises under section 27 (1) (b).
(4)The Minister may, by written notice, require the applicant to provide specified further information in writing about the application.
Activity licence—grant or refusal
(1)Where an application for an activity licence has been made in accordance with section 29, the Minister must, subject to this section, by notice in writing to the applicant—
(a)grant the licence; or
(b)refuse to grant the licence.
(2)An activity licence may be granted subject to specified conditions.
(3)An activity licence must not be granted in respect of premises that, at the date of the application, had not been completely constructed, or were being altered, until the Minister is satisfied that the construction of the premises, or the alterations, have been completed.
(4)For the purposes of making a decision under subsection (1) or (2), the Minister must have regard to the following matters:
(a)the suitability of the premises for the purpose of carrying on the public health risk activity;
(b)the competence and experience of the applicant, and of any defined influential person in relation to the applicant;
(c)the adequacy of the applicant’s equipment for the carrying on or performance in accordance with any applicable code of practice of the public health risk activity or of any associated public health risk procedure;
(d)any previous contravention by the applicant or any defined influential person in relation to the applicant of this Act or a corresponding public health risk law;
(e)the potential public health risks associated with the proposed activity;
(f)any other matters that, in the interests of public health, the Minister believes to be relevant.
Activity licence—form
An activity licence must state the following:
(a)the name of the licensee;
(b)the licensed public health risk activity;
(c)the licensed premises;
(d)the term for which the licence is granted;
(e)any conditions to which the licence is subject.
Activity licence—duration
An activity licence remains in force, except while it is suspended, until it is surrendered or cancelled, for the period specified on the licence, and may be renewed under section 33.
Activity licence—renewal
(1)The holder of an activity licence may, before the expiration of the term of the licence, apply to the Minister for its renewal.
(2)An application for the renewal of an activity licence must be in writing signed by the licensee.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(3)On application under this section, the Minister must renew the licence for a period of the same length as the current term of the licence.
(4)A suspended activity licence may be renewed, but the renewal does not result in the suspension being lifted.
Activity licence—variation
(1)On application by the holder of an activity licence, the Minister must, if satisfied that it is not prejudicial to the interests of public health to do so, by notice in writing to the licensee, vary the licence accordingly.
(2)Where the Minister has reasonable grounds for believing that it is desirable to vary an activity licence in the interests of public health, the Minister must give the licensee a written notice—
(a)stating the reasons why the Minister intends to vary the licence; and
(b)informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice.
(3)After the expiration of the period specified in a notice under subsection (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence by notice in writing to the licensee.
(4)After the expiration of the period specified in a notice under subsection (2) (b), the Minister must, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect.
(5)The variation of a licence takes effect on—
(a)the date on which notice of the variation is given to the licensee; or
(b)such later date as is specified in the notice of variation.
(6)In this section:
licence includes a suspended licence.
vary, in relation to a licence, includes—
(a)vary a licence condition; and
(b)revoke a licence condition; and
(c)impose a licence condition; and
(d)vary the term of the licence.
Activity licence—return for endorsement of variation
(1)The holder of an activity licence that has been varied must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the variation.
Maximum penalty: 5 penalty units.
(2)As soon as practicable after the return of a licence under subsection (1), the Minister must endorse the variation on the licence and return it to the licensee.
Activity licence—application for transfer
(1)The holder of an activity licence (except a licence that is under suspension) and a person to whom it is proposed to transfer the licence may jointly apply for the transfer of the licence.
(2)An application must be—
(a)signed by each joint applicant; and
(b)accompanied by the licence.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(3)The Minister may, by written notice, require the proposed transferee to provide specified further information in writing about the application.
Activity licence—grant or refusal of transfer
(1)Where an application for the transfer of an activity licence has been made in accordance with section 36, the Minister must, subject to this section, by notice in writing to each applicant—
(a)approve the transfer; or
(b)refuse to approve the transfer.
(2)In association with the transfer of a licence, the Minister may vary the term of the licence.
(3)For the purposes of making a decision under subsection (1) or (2), the Minister must have regard to the following matters:
(a)the competence and experience of the proposed transferee and of any defined influential person in relation to the proposed transferee;
(b)the adequacy of the equipment proposed to be used by the proposed transferee for the carrying on or performance in accordance with any applicable code of practice of the public health risk activity or of any associated public health risk procedure;
(c)any previous contravention by the proposed transferee or any defined influential person in relation to the proposed transferee with this Act or a corresponding public health risk law;
(d)any other matters that, in the interests of public health, the Minister believes to be relevant.
(4)The transfer of a licence takes effect on the date of receipt by the transferee of the notice of decision under subsection (1), or on such later date as is specified in the notice.
(5)The Minister must return a licence that is the subject of an application for transfer—
(a)if the application is approved—to the proposed transferee, unless a delay in the transfer’s coming into effect makes it more convenient to return the licence to the existing licensee; or
(b)in any other case—to the existing licensee;
together with the notice of decision.
Activity licence—surrender
(1)The holder of an activity licence may surrender the licence by giving to the Minister—
(a)a signed notice that the licence is being surrendered; and
(b)the licence.
(2)A licence that is under suspension may be surrendered under this section.
Activity licence—suspension and cancellation
(1)The grounds for the suspension or cancellation of an activity licence under this section are as follows:
(a)the obtaining of the licence by fraud or misrepresentation;
(b)the contravention by the licensee or any defined influential person in relation to the licensee of this Act or a corresponding public health risk law;
(c)the lack of competence of the licensee or of any defined influential person in relation to the licensee.
(2)This section applies where the Minister has reasonable grounds for believing that—
(a)there exists a ground for the suspension or the cancellation of an activity licence under this section; and
(b)it is desirable in the interests of public health to suspend or cancel the licence.
(3)Where this section applies, the Minister must give written notice to the licensee—
(a)specifying the ground upon which the Minister intends to suspend or cancel the licence; and
(b)stating the facts and circumstances that, in the Minister’s opinion, constitute that ground; and
(c)informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice.
(4)After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister must, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee—
(a)in the case of a notice of intention to suspend the licence for a specified period—suspend the licence for that period, or for such shorter period as the Minister thinks fit; or
(b)in the case of a notice of intention to cancel the licence—cancel the licence or suspend it for such period as the Minister thinks fit.
(5)After the expiration of 28 days after the date of a notice under subsection (3), the Minister must, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee to that effect.
(6)The suspension or cancellation of a licence takes effect on—
(a)the date on which notice of the suspension or cancellation is given to the licensee; or
(b)such later date as is specified in the notice.
Activity licence—emergency suspension
(1)The grounds for the suspension of an activity licence under this section are as follows:
(a)contravention by the licensee or any defined influential person in relation to the licensee of a condition to which the licence is subject;
(b)subject to section 41, the giving of a prohibition notice to the licensee.
(2)The Minister may, by notice in writing given to the holder of an activity licence, suspend the licence for a period not exceeding 6 months where the Minister has reasonable grounds for believing that—
(a)there exists a ground for the suspension of a licence under this section; and
(b)it is necessary to suspend the licence in order to prevent or remove an imminent serious risk to public health.
(3)A suspension takes effect on the date on which the notice is given to the licensee.
(4)A notice of suspension must—
(a)specify the ground upon which the licence is suspended; and
(b)specify the period of the suspension; and
(c)state the facts and circumstances that, in the Minister’s opinion, constitute that ground.
Activity licence—automatic suspension
(1)An activity licence is suspended by virtue of this subsection where an authorised officer gives the licensee a prohibition notice that contains a prohibition under section 61 (4) (a) in relation to the licensed activity.
(2)A suspension under this section—
(a)takes effect—
(i)at the expiry of the period, or the latest-expiring period, specified in the prohibition notice under section 61 (5) (f); or
(ii)if no such period is specified—when the notice is given; and
(b)ceases when the prohibition notice is revoked.
Activity licence—return of defunct licences
The holder of an activity licence that has been suspended or cancelled must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation.
Maximum penalty: 5 penalty units.
42ALicensable public health risk activities—false representation
(1)A person who is not the holder of an activity licence must not represent that the person holds an activity licence.
Maximum penalty:
(a)for a person who is not a utility—30 penalty units; or
(b)for a utility—2 000 penalty units.
(2)The holder of an activity licence that is suspended must not represent that the licence is held without disclosing that the licence is suspended.
Maximum penalty:
(a)for a person who is not a utility—30 penalty units; or
(b)for a utility—2 000 penalty units.
(3)A person who is not accredited under an activity accreditation scheme must not falsely represent that the person is accredited.
Maximum penalty:
(a)for a person who is not a utility—30 penalty units; or
(b)for a utility—2 000 penalty units.
42BLicensable public health risk activities—inspection
A person who carries on a licensable public health risk activity must ensure that—
(a)if the person holds an activity licence—the licence is available for inspection by an authorised officer, at any reasonable time, at the premises where the activity is carried on; and
(b)all records reasonably relevant to the activity (including records of licensing, conduct, accreditation and approval of activity premises alterations and procedure appliance alterations) are available for inspection by an authorised officer, at any reasonable time, at the premises where the activity is carried on.
Maximum penalty: 5 penalty units.
Division 3.3 Licensable public health risk procedures
42CProcedure licences—offences
(1)A person must not perform a licensable public health risk procedure unless the person holds a procedure licence for the procedure.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person must not perform a licensable public health risk procedure except in accordance with a procedure licence.
Maximum penalty: 50 penalty units.
(3)This section does not apply to a person who is exempt under section 42D.
42DExemption from licensing requirement—procedure accreditation schemes
(1)For section 42C (3), a person who performs a licensable public health risk procedure is exempt from the requirement to be licensed if—
(a)the person is accredited in accordance with a procedure accreditation scheme for the activity; and
(b)the person has not, during the previous year, contravened the procedure accreditation standards for the scheme (as modified, if at all, under section 42E); and
(c)the person has not, during the previous year, contravened this Act or a corresponding public health risk law.
(2)The Minister may determine—
(a)procedure accreditation schemes for licensable public health risk procedures; and
(b)procedure accreditation standards for procedure accreditation schemes.
(3)A determination may apply, adopt or incorporate an instrument as in force from time to time.
Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
(4)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
42EProcedure accreditation standards—modification
(1)A person who performs a licensable public health risk procedure for which there is a procedure accreditation scheme may apply to the Minister for a modification of the procedure accreditation standards for the scheme as they apply to the person.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(2)The Minister may, by written notice, require the person to provide stated additional information about the application.
(3)If the person complies with this section, the Minister must, by written notice to the person, make the modification to the standards sought by the person unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the performance of the licensable public health risk procedure.
(4)If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal.
42FAlteration of appliances—offence
(1)A person who performs a licensable public health risk procedure must not, except in accordance with an approval under section 42G, make a procedure appliance alteration if the alteration would increase the public health risk associated with the procedure.
Maximum penalty: 50 penalty units.
(2)For subsection (1), a procedure appliance alteration is taken to increase the public health risk associated with a public health risk procedure if there are reasonable grounds for the person who performs the procedure to believe that the alteration would increase the risk (irrespective of the person’s actual belief).
42GAlteration of appliances—approval
(1)A person who performs a licensable public health risk procedure may apply to the Minister for approval of a procedure appliance alteration.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(2)The Minister may, by written notice, require the person to provide stated additional information about the application.
(3)If the person complies with this section, the Minister must, by written notice to the person, approve the procedure appliance alteration unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the performance of the licensable public health risk procedure.
(4)If the Minister refuses the application, the Minister must give written notice to the person of the refusal stating the reasons for the refusal.
Procedure licence—application
(1)A person may apply to the Minister for a licence to perform a public health risk procedure.
(2)An application must—
(a)be signed by the applicant; and
(b)state the public health risk procedure.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
Procedure licence—further information
The Minister may, by written notice, require an applicant for a procedure licence to provide specified further information in writing about the application.
Procedure licence—grant or refusal
(1)Where an application for a procedure licence has been made in accordance with section 43, the Minister must, by notice in writing to the applicant—
(a)grant the licence; or
(b)refuse to grant the licence.
(2)The Minister must not refuse to grant a procedure licence unless satisfied, after taking into account the matters referred to in subsection (4), that the applicant is not suitable to hold a procedure licence.
(3)A procedure licence may be granted subject to specified conditions.
(4)For the purposes of making a decision under subsection (1) or (3), the Minister must have regard to the following matters:
(a)the competence and experience of the applicant;
(b)any previous contravention by the applicant of this Act or a corresponding public health risk law;
(c)any other matters that, in the interests of public health, the Minister believes to be relevant.
Procedure licence—form
A procedure licence must state—
(a)the name of the licensee; and
(b)the licensed public health risk procedure; and
(c)any conditions to which the licence is subject.
Procedure licence—annual fees
The holder of a procedure licence must, on or before the anniversary of the grant of the licence, pay to the Minister the fee determined under section 137 (Determination of fees) for this section.
Procedure licence—suspension and cancellation for failure to pay annual fee
(1)Where a fee payable under section 47 is not paid in accordance with that section, the licence is, by virtue of this subsection, suspended.
(2)A suspension under subsection (1)—
(a)takes effect on the day after the relevant anniversary of the grant of the licence; and
(b)ceases when the fee payable under section 47 is paid or the licence is cancelled under subsection (3) of this section, whichever first occurs.
(3)On or after the day notified under subsection (4), the Minister may cancel a licence that has remained suspended by virtue of subsection (2) for a period of not less than 3 months.
(4)The Minister must not cancel a licence under subsection (3) unless, at least 1 month before doing so, the Minister gives the licensee a written notice stating that unless the appropriate fee is paid, the licence may be cancelled on or after a specified day.
(5)Where a licence that is under suspension by virtue of another section of this Act (the other suspension)—
(a)is also under suspension by virtue of subsection (1) (this suspension); and
(b)this suspension ceases by virtue of subsection (2) (b);
the cessation of this suspension does not affect the other suspension.
(6)In this section:
licence includes a licence that is under suspension under another section of this Act.
Procedure licence—variation
(1)On application by the holder of a procedure licence, the Minister must, if satisfied that it is not prejudicial to the interests of public health to do so, vary the licence accordingly by notice in writing given to the licensee.
(2)Where the Minister has reasonable grounds for believing that it is desirable to vary a procedure licence in the interests of public health, the Minister must give the licensee a written notice—
(a)stating the reasons why the Minister intends to vary the licence; and
(b)informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice.
(3)After the expiration of the period specified in a notice under subsection (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence, by notice in writing to the licensee.
(4)After the expiration of the period specified in a notice under subsection (2) (b), the Minister must, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect.
(5)The variation of a licence takes effect on—
(a)the date on which notice of the variation is given to the licensee; or
(b)such later date as is specified in the notice of variation.
(6)In this section:
licence includes a suspended licence.
vary, in relation to a licence, includes—
(a)vary a licence condition; and
(b)revoke a licence condition; and
(c)impose a licence condition.
Procedure licence—return for endorsement of variation
(1)The holder of a procedure licence that has been varied must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the variation.
Maximum penalty: 5 penalty units.
(2)As soon as practicable after the return of a licence under subsection (1), the Minister must endorse the variation on the licence and return it to the licensee.
Procedure licence—duration
A procedure licence remains in force, except while it is suspended, until it is surrendered or cancelled.
Procedure licence—surrender
(1)The holder of a procedure licence may surrender the licence by giving to the Minister—
(a)a signed notice that the licence is being surrendered; and
(b)the licence.
(2)A licence that is under suspension may be surrendered under this section.
Procedure licence—suspension and cancellation
(1)The grounds for the suspension or cancellation of a procedure licence under this section are as follows:
(a)the obtaining of the licence by fraud or misrepresentation;
(b)contravention by the licensee of this Act or of a corresponding public health risk law;
(c)the lack of competence of the licensee.
(2)This section applies where the Minister has reasonable grounds for believing that—
(a)there exists a ground for the suspension or cancellation of a procedure licence under this section; and
(b)it is desirable in the interests of public health to suspend or cancel the licence.
(3)Where this section applies, the Minister must give written notice to the licensee—
(a)specifying the ground upon which the Minister intends to suspend or cancel the licence; and
(b)stating the facts and circumstances that, in the Minister’s opinion, constitute that ground; and
(c)informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice.
(4)After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister must, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee—
(a)in the case of a notice of intention to suspend the licence for a specified period—suspend the licence for that period, or for such shorter period as the Minister thinks fit; or
(b)in the case of a notice of intention to cancel the licence—cancel the licence or suspend it for such period as the Minister thinks fit.
(5)After the expiration of 28 days after the date of a notice under subsection (3), the Minister must, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee of the Minister’s decision not to suspend or cancel the licence.
(6)The suspension or cancellation of a licence takes effect on—
(a)the date on which notice of the suspension or cancellation is given to the licensee; or
(b)such later date as is specified in the notice.
Procedure licence—emergency suspension
(1)The grounds for the suspension of a procedure licence under this section are as follows:
(a)contravention by the licensee of a condition to which the licence is subject;
(b)subject to section 55, the giving of a prohibition notice to the licensee.
(2)The Minister may, by notice in writing given to the holder of a procedure licence, suspend the licence for a period not exceeding 6 months where the Minister has reasonable grounds for believing that—
(a)there exists a ground for the suspension of a licence under this section; and
(b)it is necessary to suspend the licence in order to prevent or remove an imminent serious risk to public health.
(3)A suspension takes effect on the date on which the notice is given to the licensee.
(4)A notice of suspension must—
(a)specify the ground upon which the licence is suspended; and
(b)specify the period of the suspension; and
(c)state the facts and circumstances that, in the Minister’s opinion, constitute that ground.
Procedure licence—automatic suspension
(1)A procedure licence is suspended by virtue of this subsection where an authorised officer gives the licensee a prohibition notice that contains a prohibition under section 61 (4) (a) in relation to the licensed procedure.
(2)A suspension under this section—
(a)takes effect—
(i)at the expiry of the period, or the latest-expiring period, specified in the prohibition notice under section 61 (5) (f); or
(ii)if no such period is specified—when the notice is given; and
(b)ceases when the prohibition notice is revoked.
Procedure licence—return of defunct licences
The holder of a procedure licence that has been suspended or cancelled must not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation.
Maximum penalty: 5 penalty units.
56ALicensable public health risk procedures—false representation
(1)A person who is not the holder of a procedure licence must not represent that the person holds a procedure licence.
Maximum penalty: 30 penalty units.
(2)The holder of a procedure licence that is suspended must not represent that the licence is held without disclosing that the licence is suspended.
Maximum penalty: 30 penalty units.
(3)A person who is not accredited under a procedure accreditation scheme must not falsely represent that the person is accredited.
Maximum penalty: 30 penalty units.
56BProcedure licence—inspection
A person who performs a licensable public health risk procedure must ensure that—
(a)if the person holds a procedure licence—the licence is available for inspection by an authorised officer, at any reasonable time, at the premises where the procedure is performed; and
(b)all records reasonably relevant to the procedure (including records of licensing, conduct, accreditation and approval of procedure appliance alterations) are available for inspection by an authorised officer, at any reasonable time, at the premises where the procedure is performed.
Maximum penalty: 5 penalty units.
Division 3.4 Registration of public health risk activities
56CRegistrable public health risk activities—offences
(1)A person must not carry on a registrable public health risk activity unless the person—
(a)is registered to carry on the activity; or
(b)is a defined influential person in relation to a person who is registered to carry on the activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)If a person is registered to carry on a location-specific public health risk activity, the person must not carry on the activity except at the registered location.
Maximum penalty: 50 penalty units.
56DActivity register
(1)The Minister must keep a register of registrable public health risk activities (the activity register) showing the following information for each activity:
(a)the nature of the activity, and whether the activity is location‑specific;
(b)the date of its declaration under section 18;
(c)if the declaration is varied—the date and nature of the variation;
(d)if the declaration is revoked—the date of revocation.
(2)The register may be kept in electronic form.
(3)The Minister must ensure that the register is available for public inspection (at no cost) during normal business hours on business days.
56ERegistered people register
(1)The Minister must keep a register of registered people (the registered people register) showing the following information for each person:
(a)the information on the person’s registration certificate (as varied, if at all, under this division);
(b)if the registration is transferred—details of the transfer;
(c)if the registration is suspended—the date of suspension, a brief indication of the reasons for suspension and the date of lifting of the suspension (if applicable);
(d)if the registration is cancelled—the date of cancellation and a brief indication of the reasons for cancellation;
(e)if the registration is surrendered—the date of surrender.
(2)The register may be kept in electronic form.
(3)The Minister must ensure that the register is available for public inspection (at no cost) during normal business hours on business days.
56FRegistration—application
(1)A person may apply to the Minister for registration to carry on a registrable public health risk activity.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(2)The Minister may, by written notice, require the applicant to provide stated additional information about the application.
56GRegistration—grant or refusal
(1)If—
(a)a person applies to the Minister under section 56F for registration to carry on a registrable public health risk activity; and
(b)the person complies with that section;
the Minister must register the person by giving the person a registration certificate unless subsection (2) or (3) applies.
(2)The Minister must refuse to register the person if the person, or a defined influential person in relation to the person, has previously contravened this Act or a corresponding public health risk law, unless the Minister is satisfied on reasonable grounds that any similar contravention by the person, or a defined influential person in relation to the person, is not likely to recur.
(3)The Minister must refuse to register the person if the registration of the person, or a defined influential person in relation to the person, to carry on the registrable public health risk activity (whether at the location or locations applied for, or elsewhere) has been cancelled during the previous year, or is under suspension at the time of the application.
56HRegistration—certificate
A registration certificate must include the following information:
(a)the name of the registered person;
(b)the nature of the registered activity (and whether it is location‑specific);
(c)the location for which the activity is registered, including the address of the premises (or each premises), and the precise location on the premises, where the activity is authorised to be carried on;
(d)the period for which registration is granted;
(e)the name and address of the owner of the registered premises (or each registered premises);
(f)the name and address of the manager of the registered premises (or each registered premises);
(g)the name and address of the owner of the equipment associated with the carrying on of the registered activity;
(h)the name and address of the manager of the equipment associated with the carrying on of the registered activity.
56JRegistration—duration
Registration is granted for the period stated in the registration certificate, but may be renewed under section 56K.
56KRegistration—renewal
(1)A registered person may, before the end of the current period of registration, apply to the Minister for renewal of the registration.
(2)The application must be in writing signed by the registered person.
NoteA fee may be determined under s 137 (Determination of fees) for this section.
(3)If the registered person complies with this section, the Minister must renew the registration for a period of the same length as the current period of registration.
(4)If the registration is suspended, it may be renewed, but the renewal does not result in the suspension being lifted.
56LRegistration—change of information
(1)A registered person (other than a person registered to carry on a location-specific registrable public health risk activity) must give the Minister written notice of a change to the registered location of the registered activity (including any additional location) within 14 days after the change.
Maximum penalty: 5 penalty units.
(b)the organised response by society to protect and promote health and prevent illness, injury and disability.
public health direction means a direction under section 113.
public health officer means a public health officer under section 12.
public health risk activity means an activity declared by the Minister to be a public health risk activity under section 18.
public health risk procedure means a procedure declared by the Minister under section 18 to be a public health risk procedure in relation to a public health risk activity.
registered activity means a registrable public health risk activity authorised by a registration certificate.
registered location means the location for carrying on a registered activity as mentioned on the registration certificate for the activity under section 56H (c).
registered people register—see section 56E.
registered person means a person registered under section 56G to carry on a registered activity.
registrable public health risk activity means a public health risk activity declared to be registrable under section 18 (3).
registration means the registration, under section 56G, of a person to carry on a registered activity.
registration certificate means a registration certificate under section 56H.
responsible person, in relation to a person having a notifiable condition, means—
(a)a doctor; or
(b)a nurse practitioner; or
(c)a counsellor who has counselled the person in relation to the condition; or
(d)a person who is responsible for the care, support or education of the person.
reviewable decision, for part 9 (Review and appeals)—see section 130.
sewerage utility, for division 6B.2 (Sewage)—see section 118H (Definitions for div 6B.2).
syringe includes the needle section or the plunger section of a syringe.
transmissible notifiable condition means a notifiable condition—
(a)determined by the Minister to be a transmissible notifiable condition under section 100 (1) (b); or
(b)declared by the chief health officer to be a transmissible notifiable condition under section 101 (1) (b).
utility—see the Utilities Act 2000, dictionary.
vending machine, for division 3A.2 (Supply of syringes by vending machine)—see section 66L.
vending machine approval, for division 3A.2 (Supply of syringes by vending machine)—see section 66L.
water distributor, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).
water supplier, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).
water utility, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Public Health Act 1997 A1997‑69
notified 9 October 1997 (Gaz 1997 No S300)
s 1, s 2 commenced 9 October 1997 (s 2 (1))remainder 9 April 1998 (s 2 (3))
as amended by
Public Health Amendment Act 2000 A2000‑36
notified 20 July 2000 (Gaz 2000 No 29)
s 1, s 2 commenced 20 July 2000 (IA s 10B)remainder commenced 20 July 2000 (s 2)
Utilities (Consequential Provisions) Act 2000 A2000‑66 sch 1 pt 13
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)pt 13 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 310
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 310 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Food Act 2001 A2001‑66 sch 2 pt 2.3
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)sch 2 pt 2.3 commenced 10 March 2002 (s 2 and LA s 79)
Legislation Amendment Act 2002 A2002‑11 sch 2 pt 2.38
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)sch 2 pt 2.38 commenced 28 May 2002 (s 2 (1))
Civil Law (Wrongs) Act 2002 A2002‑40 div 3.2.10
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))div 3.2.10 commenced 1 November 2002 (s 2 (2) and CN2002-13)
Statute Law Amendment Act 2002 (No 2) A2002‑49 pt 3.16
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))pt 3.16 commenced 31 December 2002 (s 2 (2))
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.18
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.18 commenced 19 December 2003 (s 2)Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 9
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 9 commenced 27 May 2004 (s 2 and CN2004-9)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.74
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.74 commenced 9 April 2004 (s 2 (1))Emergencies Act 2004 A2004-28 sch 3 pt 3.16
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
sch 3 pt 3.16 commenced 1 July 2004 (s 2 (1) and CN2004-11)Health Professionals Legislation Amendment Act 2004 A2004-39 sch 1 pt 1.8
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 1 pt 1.8 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)Human Rights Commission Legislation Amendment Act 2005 A2005‑41 sch 1 pt 1.11 (as am by A2006‑3 amdt 1.3)
notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))sch 1 pt 1.11 commenced 1 November 2006 (s 2 (3) (as am by A2006‑3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006‑3 s 4) and CN2006-21)
Human Rights Commission Legislation Amendment Act 2006 A2006‑3 amdt 1.3
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.3 commenced 23 February 2006 (s 2)NoteThis Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41
Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.7
notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
sch 2 pt 2.7 commenced 14 December 2006 (s 2 and LA s 79)Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.15
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.15 commenced 18 November 2006 (s 2 (1))Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.25
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.25 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.20, amdt 2.25, amdt 2.29, amdt 2.30, amdt 2.32, amdt 2.33, amdt 2.34, amdt 2.36, amdt 2.37
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.20, amdt 2.25, amdt 2.29, amdt 2.30, amdt 2.32, amdt 2.33, amdt 2.34, amdt 2.36, amdt 2.37 commenced 14 February 2009 (s 2 and LA s 79)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.42
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.42 commenced 14 February 2009 (s 2 (5) and see A2008‑26, s 2 and LA s 79)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.61
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.61 commenced 22 September 2009 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.17
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))sch 2 pt 2.17 commenced 1 July 2010 (s 2 (1) (a))
Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.10
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))sch 3 pt 3.10 commenced 3 June 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.126
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.126 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.31
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.31 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)Statute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.4, sch 3 pt 3.16
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 1 pt 1.4, sch 3 pt 3.16 commenced 25 November 2013 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.54
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.54 commenced 14 October 2015 (s 2)Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.33
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))sch 1 pt 1.33 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Public Health Amendment Act 2016 A2016-54
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))remainder commenced 26 August 2016 (s 2)
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.30
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.30 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2018 A2018-42 sch 1 pt 1.5
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 1 pt 1.5 commenced 22 November 2018 (s 2 (1))Statute Law Amendment Act 2019 A2019-42 sch 1 pt 1.5
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 1 pt 1.5 commenced 14 November 2019 (s 2 (1))Public Health (Emergencies) Amendment Act 2020 A2020-10 (as am by A2020‑14 amdt 1.118)
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))sch 1 commenced 29 September 2023 (s 2 (2), (3) (as am by A2020‑14 amdt 1.118))
remainder commenced 8 April 2020 (s 2 (1))COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.24
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
s 3 taken to have commenced 30 March 2020 (s 2 (3))
sch 1 pt 1.24 commenced 14 May 2020 (s 2 (1))NoteThis Act only amends the Public Health (Emergencies) Amendment Act 2020 A2020-10.
Public Health Amendment Act 2020 A2020-24
notified LR 24 June 2020
s 1, s 2 taken to have commenced 16 March 2020 (LA s 75 (2))
remainder taken to have commenced 16 March 2020 (s 2)Public Health Amendment Act 2020 (No 2) A2020-35
notified LR 5 August 2020
s 1, s 2 commenced 5 August 2020 (LA s 75 (1))
remainder commenced 6 August 2020 (s 2)Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.47
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.47 commenced 23 June 2021 (s 2 (1))Public Health Amendment Act 2021 A2021-31
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
remainder commenced 11 December 2021 (s 2)Public Health Amendment Act 2022 A2022-9
notified LR 17 June 2022
s 1, s 2 commenced 17 June 2022 (LA s 75 (1))
ss 7-11 commenced 18 June 2022 (s 2 (2) (a))
remainder commenced 24 June 2022 (s 2 (1))Radiation Protection Amendment Act 2022 A2022-12 sch 1
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 1 commenced 10 September 2022 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.33
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.33 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.52
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))sch 1 pt 1.52 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Amendment history
Long title
long titleam A2001‑66 amdt 2.5
Name of Act
s 1sub A2000‑36 amdt 1.1
Dictionary
s 2sub A2000‑36 amdt 1.1
Objectives
s 4am A2002‑49 amdt 3.153; A2013‑44 amdt 3.159
Notes
s 3sub A2000‑36 amdt 1.1
Interpretation
s 5am A2000‑36 amdt 1.2
om A2000‑36 amdt 1.2
Construction consistent with certain other laws
s 6sub A2001‑66 amdt 2.6
am A2008‑26 amdt 2.129
Offences against Act—application of Criminal Code etc
s 6Ains A2004‑10 s 29
am A2016‑54 s 4; A2018‑42 amdt 1.16
Chief health officer
s 7am A2001‑44 amdts 1.3357-1.3364; A2002‑49 amdt 3.154; A2013‑44 amdt 3.122
Acting chief health officer
s 8sub A2002‑49 amdt 3.155
am A2011‑22 amdt 1.365
Functions of chief health officer
s 9sub A2001‑66 amdt 2.7
am A2008‑26 amdt 2.130; A2022-12 amdt 1.1
Biennial reporting by chief health officer
s 10am A2002‑49 amdt 3.156, amdt 3.157; A2013‑44 amdt 3.159
Delegation by chief health officer
s 11sub A2001‑66 amdt 2.8
am A2002‑49 amdt 3.158
sub A2008‑26 amdt 2.131
am A2022-12 amdt 1.2
Appointment of public health officers
s 12 hdgsub A2001‑66 amdt 2.9; A2002‑49 amdt 3.159
s 12am A2011‑22 amdt 1.365; A2013‑44 amdt 3.123
Functions of public health officers
s 12Ains A2001‑66 amdt 2.10
am A2008‑26 amdt 2.132
Appointment of authorised medical officers
s 13 hdgsub A2001‑66 amdt 2.11
s 13sub A2002‑49 amdt 3.160
am A2011‑22 amdt 1.365; A2013‑44 amdt 3.123
Functions of authorised medical officers
s 14sub A2001‑66 amdt 2.12
Appointment of analysts
s 15 hdgsub A2002‑49 amdt 3.161
s 15sub A2001‑66 amdt 2.12
am A2002‑49 amdt 3.161; ss renum R6 LA (see A2002‑49 amdt 3.162)
sub A2008‑26 amdt 2.133
am A2011‑22 amdt 1.365; A2013‑44 amdt 3.124
Functions of analysts
s 15Ains A2001‑66 amdt 2.12
sub A2008‑26 amdt 2.133
Analysts and assistants—authority to handle drugs etc
s 15AAins A2008‑26 amdt 2.133
Non-public servant analysts—appointment subject to conditions
s 15B hdgsub A2002‑49 amdt 3.163
s 15Bins A2001‑66 amdt 2.12
am A2002‑49 amdt 3.164; A2008‑26 amdt 2.134; A2011‑22 amdt 1.362, amdt 1.365
Non-public servant analysts—procedure for imposition etc of conditions on director‑general’s initiative
s 15C hdgsub A2002‑49 amdt 3.165
am A2011‑22 amdt 1.362
s 15Cins A2001‑66 amdt 2.12
am A2011‑22 amdt 1.362, amdt 1.365
Non-public servant analysts—suspension or cancellation of appointment
s 15D hdgsub A2002‑49 amdt 3.166
s 15Dins A2001‑66 amdt 2.12
am A2002‑49 amdt 3.167; A2008‑26 amdt 2.135, amdt 2.136; A2011‑22 amdt 1.362, amdt 1.365
Identity cards
s 16am A2011‑22 amdt 1.365; A2013‑44 amdt 3.159; A2021-12 amdt 3.107
Protection from liability
s 17sub A2001‑66 amdt 2.13
am A2022‑9 s 4
(1) (ca) exp 24 December 2023 (s 118ZV (1) (a))
General
div 3.1 hdg(prev pt 3 div 1 hdg) sub A2000‑36 amdt 1.3
Public health risk activities and procedures—declaration
s 18am A2000‑36 s 4; A2001‑44 amdts 1.3365-1.3367; A2013‑44 amdt 3.125
Differential fees
s 19am A2000‑36 amdt 1.4
om A2001‑44 amdt 1.3368
Compliance with codes of practice
s 20am A2000‑36 amdt 1.5; A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.159
Licensable public health risk activities
div 3.2 hdg(prev pt 3 div 2 hdg) om A2000‑36 amdt 1.7
ins A2000‑36 amdt 1.6
Activity licences—offences
s 21sub A2000‑36 amdt 1.6
am A2000‑66 sch 1 pt 13
Exemption from licensing requirement—activity accreditation schemes
s 22sub A2000‑36 amdt 1.6
am A2001‑44 amdt 1.3369; A2002‑49 amdt 3.168; A2013‑44 amdt 3.126, amdt 3.127
Activity accreditation standards—modification
s 23sub A2000‑36 amdt 1.6
am A2001‑44 amdts 1.3370-1.3372; A2021-12 amdt 3.108
Alteration of premises and appliances—offence
s 24sub A2000‑36 amdt 1.6
Alteration of premises and appliances—approval
s 25sub A2000‑36 amdt 1.6
am A2001‑44 amdts 1.3373-1.3375; A2021-12 amdt 3.108
Alteration of premises and appliances
s 26om A2000‑36 amdt 1.6
Ministerial approvals
s 27om A2000‑36 amdt 1.6
Inspection
s 28om A2000‑36 amdt 1.6
Activity licence—application
s 29am A2001‑44 amdt 1.3376, amdt 1.3377; A2013‑44 amdt 3.159; A2021-12 amdt 3.108
Activity licence—grant or refusal
s 30am A2013‑44 amdt 3.159
Activity licence—form
s 31sub A2001‑44 amdt 1.3378
am A2021-12 amdt 3.108
Activity licence—renewal
s 33am A2000‑36 amdt 1.8; A2001‑44 amdt 1.3379; A2013‑44 amdt 3.159
Activity licence—variation
s 34am A2013‑44 amdt 3.159
Activity licence—return for endorsement of variation
s 35am A2013‑44 amdt 3.159
Activity licence—application for transfer
s 36am A2001‑44 amdt 1.3380; A2021-12 amdt 3.108
Activity licence—grant or refusal of transfer
s 37am A2013‑44 amdt 3.159
Activity licence—suspension and cancellation
s 39am A2013‑44 amdt 3.159
Activity licence—emergency suspension
s 40am A2013‑44 amdt 3.159
Activity licence—return of defunct licences
s 42am A2013‑44 amdt 3.159
Licensable public health risk activities—false representation
s 42Ains A2000‑36 amdt 1.9
am A2000‑66 sch 1 pt 13; A2021-12 amdt 3.155
Licensable public health risk activities—inspection
s 42Bins A2000‑36 amdt 1.9
Licensable public health risk procedures
div 3.3 hdg(prev pt 3 div 3 hdg) sub A2000‑36 amdt 1.9
Procedure licences—offences
s 42Cins A2000‑36 amdt 1.9
Exemption from licensing requirement—procedure accreditation schemes
s 42Dins A2000‑36 amdt 1.9
am A2001‑44 amdt 1.3381; A2002‑49 amdt 3.169; A2013‑44 amdt 3.128, amdt 3.129
Procedure accreditation standards—modification
s 42Eins A2000‑36 amdt 1.9
am A2001‑44 amdts 1.3382-1.3384; A2021-12 amdt 3.108
Alteration of appliances—offence
s 42Fins A2000‑36 amdt 1.9
Alteration of appliances—approval
s 42Gins A2000‑36 amdt 1.9
am A2001‑44 amdts 1.3385-1.3387; A2021-12 amdt 3.108
Procedure licence—application
s 43am A2001‑44 amdt 1.3388; A2021-12 amdt 3.108
Procedure licence—grant or refusal
s 45am A2013‑44 amdt 3.159; A2021-12 amdt 3.109
Procedure licence—form
s 46sub A2001‑44 amdt 1.3389
am A2021-12 amdt 3.110
Procedure licence—annual fees
s 47am A2001‑44 amdt 1.3390; A2013‑44 amdt 3.159
Procedure licence—suspension and cancellation for failure to pay annual fee
s 48am A2001‑44 amdt 1.3391; A2002‑49 amdt 3.170, amdt 3.171; ss renum R6 LA (see A2002‑49 amdt 3.172); A2013‑44 amdt 3.159; A2021-12 amdt 3.111
Procedure licence—variation
s 49am A2013‑44 amdt 3.159
Procedure licence—return for endorsement of variation
s 50am A2013‑44 amdt 3.159
Procedure licence—suspension and cancellation
s 53am A2013‑44 amdt 3.159; A2021-12 amdt 3.112
Procedure licence—emergency suspension
s 54am A2013‑44 amdt 3.159
Procedure licence—return of defunct licences
s 56am A2013‑44 amdt 3.159
Licensable public health risk procedures—false representation
s 56Ains A2000‑36 amdt 1.10
am A2021-12 amdt 3.155
Procedure licence—inspection
s 56Bins A2000‑36 amdt 1.10
Registration of public health risk activities
div 3.4 hdgins A2000‑36 s 5
Registrable public health risk activities—offences
s 56Cins A2000‑36 s 5
Activity register
s 56Dins A2000‑36 s 5
Registered people register
s 56Eins A2000‑36 s 5
Registration—application
s 56Fins A2000‑36 s 5
am A2001‑44 amdts 1.3392-1.3394; A2021-12 amdt 3.113
Registration—grant or refusal
s 56Gins A2000‑36 s 5
Registration—certificate
s 56Hins A2000‑36 s 5
am A2001‑44 amdts 1.3395-1.3397; A2021-12 amdt 3.113
Registration—duration
s 56Jins A2000‑36 s 5
Registration—renewal
s 56Kins A2000‑36 s 5
am A2001‑44 amdt 1.3398
Registration—change of information
s 56Lins A2000‑36 s 5
Registration—application for approval of transfer
s 56Mins A2000‑36 s 5
am A2001‑44 amdt 1.3399; A2021-12 amdt 3.113
Registration—grant or refusal of transfer
s 56Nins A2000‑36 s 5
Registration—notified suspension and cancellation
s 56Pins A2000‑36 s 5
Registration—automatic suspension (prohibition notice)
s 56Qins A2000‑36 s 5
Registration—return of suspended or cancelled certificates
s 56Rins A2000‑36 s 5
Registration—surrender
s 56Sins A2000‑36 s 5
Registration—false representation
s 56Tins A2000‑36 s 5
am A2021-12 amdt 3.155
Registration—inspection
s 56Uins A2000‑36 s 5
Registration of specialised systems
div 3.5 hdgins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
Definitions for div 3.5
s 56Vins A2000‑36 s 5
def commencement day sub A2002‑49 amdt 3.173
exp 1 July 2005 (s 56ZD)
Meaning of specialised system
s 56Wins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
Specialised systems—registrable public health risk activity
s 56Xins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
System licences—registration
s 56Yins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
System licences—transitional applications
s 56Zins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
System licences—transitional renewals
s 56ZAins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
System licences—transitional transfers
s 56ZBins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
System licences—transitional suspension
s 56ZCins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
Expiry of div 3.5
s 56ZDins A2000‑36 s 5
exp 1 July 2005 (s 56ZD)
Improvement notices
div 3.6 hdg(prev pt 3 div 4 hdg)
sub A2000‑36 amdt 1.11
Improvement notice—compliance
s 57am A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.159
Improvement notice—issue
s 58am A2002‑49 amdt 3.174; A2013‑44 amdt 3.159
Improvement notice—extension of compliance period
s 59am A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Improvement notice—revocation
s 60am A2001‑44 amdt 1.3400; A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Prohibition notices
div 3.7 hdg(prev pt 3 div 5 hdg)
ins A2000‑36 amdt 1.11
Prohibition notice—issue
s 61am A2002‑49 amdt 3.175; A2013‑44 amdt 3.130, amdt 3.159
Prohibition notice—extension of compliance period
s 62am A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Prohibition notice—display
s 63am A2013‑44 amdt 3.159; A2021-12 amdt 3.114
Prohibition notice—implementation
s 64am A2013‑44 amdt 3.131; A2021-12 amdt 3.115, amdt 3.156
Prohibition notice—revocation
s 65am A2001‑44 amdt 1.3401; A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Prohibition orders
s 66am A2000‑36 amdt 1.12; A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.132, amdt 3.159
Supply of syringes
pt 3A hdgins A2008‑26 amdt 2.137
Supplying syringes to approved people
div 3A.1 hdg ins A2008‑26 amdt 2.137
Definitions—div 3A.1
s 66Ains A2008‑26 amdt 2.137
def approval ins A2008‑26 amdt 2.137
def approved person ins A2008‑26 amdt 2.137
def course of instruction ins A2008‑26 amdt 2.137
def health worker ins A2008‑26 amdt 2.137
Courses of instruction
s 66Bins A2008‑26 amdt 2.137
Distribution of syringes—approval
s 66Creloc from Drugs of Dependence Act 1989 s 86 by A2008‑26 amdt 2.25
am A2013‑44 amdt 3.159; A2021-12 amdt 3.116, amdt 3.117
Approval—surrender
s 66Dreloc from Drugs of Dependence Act 1989 s 87 by A2008‑26 amdt 2.25
Approval—cancellation
s 66Ereloc from Drugs of Dependence Act 1989 s 88 by A2008‑26 amdt 2.29
Approval—duration
s 66Freloc from Drugs of Dependence Act 1989 s 89 by A2008‑26 amdt 2.29
am A2013‑44 amdt 3.133
Approval—renewal
s 66Greloc from Drugs of Dependence Act 1989 s 90 by A2008‑26 amdt 2.30
am A2013‑44 amdt 3.159
Approval—production to police
s 66Hreloc from Drugs of Dependence Act 1989 s 91 by A2008‑26 amdt 2.30
am A2013‑44 amdt 3.159
Approval—lending to another person
s 66Ireloc from Drugs of Dependence Act 1989 s 92 by A2008‑26 amdt 2.30
am A2013‑44 amdt 3.159
Approval—no liability for ancillary offences
s 66Jreloc from Drugs of Dependence Act 1989 s 93 by A2008‑26 amdt 2.32
am A2013‑44 amdt 3.134, amdt 3.135; A2021-12 amdt 3.118
Return of approval to chief health officer
s 66Kreloc from Drugs of Dependence Act 1989 s 94 by A2008‑26 amdt 2.33
am A2013‑44 amdt 3.159
Supplying syringes by vending machine
div 3A.2 hdg ins A2008‑26 amdt 2.137
Definitions—div 3A.2
s 66Lins A2008‑26 amdt 2.137
def approved person ins A2008‑26 amdt 2.137
def vending machine ins A2008‑26 amdt 2.137
def vending machine approval ins A2008‑26 amdt 2.137
Application for vending machine approval
s 66Mreloc from Drugs of Dependence Act 1989 s 94B by A2008‑26 amdt 2.34
am A2021-12 amdt 3.119
Further information for vending machine approval application
s 66Nreloc from Drugs of Dependence Act 1989 s 94C by A2008‑26 amdt 2.34
Decision about vending machine approval application
s 66Oreloc from Drugs of Dependence Act 1989 s 94D by A2008‑26 amdt 2.34
Vending machine approval—conditions
s 66Preloc from Drugs of Dependence Act 1989 s 94E by A2008‑26 amdt 2.34
Vending machine approval—surrender
s 66Qreloc from Drugs of Dependence Act 1989 s 94F by A2008‑26 amdt 2.34
am A2021-12 amdt 3.120
Vending machine approval—cancellation
s 66Rreloc from Drugs of Dependence Act 1989 s 94G by A2008‑26 amdt 2.36
Vending machine approval—return on surrender or cancellation
s 66Sreloc from Drugs of Dependence Act 1989 s 94H by A2008‑26 amdt 2.37
Vending machine approval—no liability for ancillary offences
s 66Treloc from Drugs of Dependence Act 1989 s 94I by A2008‑26 amdt 2.37
Transitional—syringe approvals under Drugs of Dependence Act
div 3A.3 hdg ins A2008‑26 amdt 2.137
exp 14 February 2011 (s 66X)
Pharmacies
pt 3B hdgins A2013‑44 amdt 1.32
Meaning of community pharmacy—pt 3B
s 66Uorig s 66U
ins A2008‑26 amdt 2.137
exp 14 February 2011 (s 66X)
def commencement day ins A2008‑26 amdt 2.137
exp 14 February 2011 (s 66X)
def Drugs of Dependence Act ins A2008‑26 amdt 2.137
exp 14 February 2011 (s 66X)
pres s 66U
reloc from Health Act 1993 s 128 by A2013‑44 amdt 1.18
Ownership of pharmacy business
s 66Vorig s 66V
ins A2008‑26 amdt 2.137
exp 14 February 2011 (s 66X (LA s 88 declaration applies))
pres s 66V
reloc from Public Health Regulation 2000 s 62 by A2013‑44 amdt 1.37
am A2016‑13 amdt 1.115
Standard of premises
s 66Worig s 66W
ins A2008‑26 amdt 2.137
sub A2008‑36 amdt 1.576
exp 14 February 2011 (s 66X (LA s 88 declaration applies))
pres s 66W
reloc from Health Act 1993 s 128B by A2013‑44 amdt 1.22
ss renum R25 LA
Restriction on pharmacy premises—supermarkets
s 66Xorig s 66X
ins A2008‑26 amdt 2.137
exp 14 February 2011 (s 66X)
pres s 66X
reloc from Health Act 1993 s 129 by A2013‑44 amdt 1.22
am A2023-36 amdt 1.312
Offence—insanitary conditions
s 67am A2013‑44 amdt 3.159
sub A2016‑54 s 5
Complaints about insanitary conditions
s 68am A2013‑44 amdt 3.159; A2021-12 amdt 3.121
Abatement notices—issue
s 69am A2002‑49 amdt 3.176; A2013‑44 amdt 3.159; A2021-12 amdt 3.122, amdt 3.123, amdt 3.156
Abatement notice—extension of compliance period
s 70am A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Abatement notice—implementation
s 71am A2013‑44 amdt 3.159; A2021-12 amdt 3.124, amdt 3.156
Abatement notice—revocation
s 72am A2001‑44 amdt 1.3402; A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Abatement orders
s 73am A2000‑36 amdt 1.13; A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.136, amdt 3.159; A2016‑54 s 6, s 7; ss renum R28 LA
Joint and several responsibility for insanitary conditions
s 74am A2021-12 amdts 3.125-3.127
Preliminary
div 5.1 hdg(prev pt 5 div 1 hdg) renum R2 LA
Definitions for pt 5
s 75sub A2002‑49 amdt 3.177
Authorised officers’ powers
div 5.2 hdg(prev pt 5 div 2 hdg) renum R2 LA
Entry
s 76am A2006‑46 amdt 2.37; A2021-12 amdt 3.128, amdt 3.156
Consent to entry
s 77am A2013‑44 amdt 3.159; A2021-12 amdt 3.129, amdt 3.130, amdt 3.155
Powers upon entry
s 78am A2004‑15 amdt 2.151; A2021-12 amdt 3.131, amdt 3.132
Power to require name and address
s 79am A2004‑15 amdt 2.152; A2013‑44 amdt 3.159; A2021-12 amdt 3.133
Search warrants
s 80am A2013‑44 amdt 3.159
Warrants by telephone or other electronic means
s 81am A2013‑44 amdt 3.159; A2018‑33 amdt 1.58
Obstruction of authorised officers
s 82am A2000‑66 sch 1 pt 13; A2002‑11 amdt 2.78, amdt 2.79; A2002‑49 amdt 3.178
om A2004‑15 amdt 2.153
False information
s 83am A2000‑66 sch 1 pt 13
om A2004‑15 amdt 2.153
Seizure
div 5.3 hdg(prev pt 5 div 3 hdg) renum R2 LA
Seizure notices
s 84am A2013‑44 amdt 3.159
Detention of things at place of seizure
s 85 hdgsub A2002‑49 amdt 3.179
s 85am A2013‑44 amdt 3.159
Interference with seized things
s 86am A2002‑49 amdt 3.180; A2013‑44 amdt 3.159; A2021-12 amdt 3.134
Access to seized records
s 87am A2013‑44 amdt 3.159; A2021-12 amdt 3.135
Return of seized things
s 88am A2013‑44 amdt 3.159
Court orders for relief against seizure
s 89am A2013‑44 amdt 3.137, amdt 3.138, amdt 3.159;
A2021-12amdt 3.136
Cost of destruction or disposal of things forfeited
s 91am A2021-12 amdt 3.137
Destruction of contaminated items
s 92am A2013‑44 amdt 3.139
Analysis
div 5.4 hdg(prev pt 5 div 4 hdg) renum R2 LA
Analyst’s power of entry
s 93am A2000‑66 sch 1 pt 13; A2008‑26 amdt 2.138; A2013‑44 amdt 3.159; A2021-12 amdt 3.138
Notice of taking of sample
s 94am A2013‑44 amdt 3.159; A2021-12 amdt 3.139, amdt 3.140
Analysis
s 95om A2008‑26 amdt 2.139
Certificate evidence of analysis
s 96om A2008‑26 amdt 2.139
Prohibited use of analysis
s 98am A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.159
Preliminary
div 6.1 hdg(prev pt 6 div 1 hdg) renum R2 LA
Principles—notifiable conditions
s 99am A2013‑44 amdt 3.159
Notifiable conditions—Ministerial determination
s 100am A2001‑44 amdt 1.3403, amdt 1.3404; A2002‑49 amdt 3.181; A2006‑46 amdt 2.38; ss renum R14 LA; A2013‑44 amdts 3.140-3.142
Notifiable conditions—temporary status
s 101am A2001‑44 amdt 1.3405, amdt 1.3406; A2003‑56 amdt 3.172; A2006‑46 amdt 2.39; ss renum R14 LA; A2013‑44 amdt 3.143
Notification of notifiable conditions
div 6.2 hdg(prev pt 6 div 2 hdg) renum R2 LA
Notification by doctors and nurse practitioners
s 102 hdgsub A2018‑42 amdt 1.17
s 102sub A2004‑10 s 30
am A2004‑39 amdt 1.36, amdt 1.37; A2005‑41 amdt 1.121, amdt 1.122; A2010‑10 amdt 2.110; A2013‑44 amdt 3.144; A2018‑42 amdt 1.18, amdt 1.24; A2021-12 amdt 3.141
Doctors and nurse practitioners—failure to notify
s 102A hdgsub A2018‑42 amdt 1.19
s 102Ains A2004‑10 s 30
am A2018‑42 amdt 1.24; A2021-12 amdt 3.141
Pathologists
s 103am A2013‑44 amdt 3.159; A2021-12 amdt 3.142, amdt 3.143
Hospitals
s 104am A2013‑44 amdt 3.159
Notification by responsible people
S 105 hdgam R6 LA
s 105am A2002‑49 amdt 3.182; A2013‑44 amdt 3.159
Notification by affected person—notifiable conditions
s 106 hdgsub A2021-12 amdt 3.144
s 106am A2013‑44 amdts 3.145-3.147, amdt 3.159; A2021-12 amdt 3.145
Unauthorised assertions
s 107am A2013‑44 amdt 3.159
Authorised notification of contacts
s 108am A2004‑10 s 31; A2013‑44 amdts 3.148-3.150; A2018‑42 amdt 1.24; A2021-12 amdt 3.146
Use of notified information
s 109am A2013‑44 amdt 3.159
Disclosure of information—person with notifiable condition
s 110 hdgsub A2021-12 amdt 3.147
s 110am A2013‑44 amdt 3.159
Disclosure of information that identifies doctor etc
s 111sub A2004‑10 s 32
am A2018‑42 amdt 1.24
Public health hazards
div 6.3 hdg(prev pt 6 div 3 hdg) renum R2 LA
Notification of public health hazards
s 112am A2013‑44 amdt 3.159
Public health directions—issue
s 113am A2013‑44 amdt 3.151, amdt 3.152, amdt 3.159;
A2021-12amdts 3.148-3.150
Public health directions—notice to doctor or nurse practitioner
s 114 hdgam A2018‑42 amdt 1.24
s 114sub A2004‑10 s 33
am A2018‑42 amdt 1.24
Public health directions—extension of compliance period
s 115am A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Public health direction—confinement
s 115Ains A2006‑46 amdt 2.40
Public health direction—implementation
s 116am A2002‑49 amdt 3.183; A2013‑44 amdt 3.159; A2021-12 amdt 3.151, amdt 3.156
Public health directions—revocation
s 117am A2001‑44 amdt 1.3407; A2013‑44 amdt 3.159; A2021-12 amdt 3.156
Public health orders
s 118am A2000‑36 amdt 1.14; A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.159
Public health alerts
pt 6A hdgins A2000‑66 sch 1 pt 13
Public health alerts
s 118Ains A2000‑66 sch 1 pt 13
sub A2001‑44 amdt 1.3408
Drinking water and sewage processing
pt 6B hdgins A2000‑66 sch 1 pt 13
Drinking water
div 6B.1 hdg(prev pt 6B div 1 hdg) ins A2000‑66 sch 1 pt 13
renum R2 LA
Definitions for div 6B.1
s 118Bins A2000‑66 sch 1 pt 13
Relationship with other provisions of this Act
s 118Cins A2000‑66 sch 1 pt 13
Water processing health risk—public warning by utility
s 118Dins A2000‑66 sch 1 pt 13
sub A2001‑44 amdt 1.3409
am A2009‑20 amdt 3.167; A2015‑33 amdt 1.191
Misleading information about water processing
s 118Eins A2000‑66 sch 1 pt 13
Provision of water processing information to chief health officer
s 118Fins A2000‑66 sch 1 pt 13
Contaminated drinking water provided by water utility
s 118Gins A2000‑66 sch 1 pt 13
Sewage
div 6B.2 hdg(prev pt 6B div 2 hdg) ins A2000‑66 sch 1 pt 13
renum R2 LA
Definitions for div 6B.2
s 118Hins A2000‑66 sch 1 pt 13
Relationship with other provisions of this Act
s 118Iins A2000‑66 sch 1 pt 13
Sewage processing health risk—public warning by utility
s 118Jins A2000‑66 sch 1 pt 13
sub A2001‑44 amdt 1.3410
am A2009‑20 amdt 3.167; A2015‑33 amdt 1.192
Misleading information about sewage processing
s 118Kins A2000‑66 sch 1 pt 13
Provision of sewage processing information to chief health officer
s 118Lins A2000‑66 sch 1 pt 13
Public health measures—COVID‑19
pt 6C hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Preliminary
div 6C.1 hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Objects—pt 6C
s 118Mins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Definitions—pt 6C
s 118Nins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def chief health officer direction ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def chief health officer exemption guideline ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def Ministerial direction ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def Ministerial exemption guideline ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def segregation or isolation direction ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def vaccination direction ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def vaccination exemption guideline ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
COVID-19 management declaration
div 6C.2 hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
COVID-19 management declaration—general
s 118Oins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
COVID-19 management declaration—duration
s 118Pins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
COVID-19 management declaration—consultation and public notice
s 118Qins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Ministerial directions
div 6C.3 hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Ministerial directions—general
s 118Rins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Ministerial directions—duration
s 118Sins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Ministerial directions—consultation and public notice
s 118Tins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Chief health officer directions
div 6C.4 hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Chief health officer directions—general
s 118Uins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Chief health officer directions—additional matters for segregation or isolation directions
s 118Vins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Chief health officer directions—duration
s 118Wins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Chief health officer directions—review
s 118Xins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Chief health officer directions—consultation and public notice
s 118Yins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Vaccination directions
div 6C.5 hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Vaccination directions—general
s 118Zins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Vaccination directions—duration
s 118ZAins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Vaccination directions—consultation and public notice
s 118ZBins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions
div 6C.6 hdgins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Preliminary
sdiv 6C.6.1 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Definitions—div 6C.6
s 118ZCins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def affected person ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def externally reviewable decision ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def external reviewer ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def internally reviewable decision ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def relevant decision-maker ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
def standing exemption ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—Ministerial and chief health officer directions
sdiv 6C.6.2 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Standing exemption
s 118ZDins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—application
s 118ZEins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—decision
s 118ZFins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—Ministerial and chief health officer direction—internal review
sdiv 6C.6.3 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Internal review—application
s 118ZGins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Internal review—decision
s 118ZHins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—Ministerial and chief health officer directions—external review
sdiv 6C.6.4 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
External reviewer
s 118ZIins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
External review—application
s 118ZJins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
External review—decision
s 118ZKins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—vaccination directions—internal review
sdiv 6C.6.5 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Internal review—vaccination direction—application
s 118ZLins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Internal review—vaccination direction—decision
s 118ZMins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemption guidelines
sdiv 6C.6.6 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—Ministerial directions—guidelines
s 118ZNins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—chief health officer directions—guidelines
s 118ZOins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Exemptions—vaccination directions—guidelines
s 118ZPins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Miscellaneous
div 6C.7 hdg ins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Offence—failure to comply with direction
s 118ZQins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Directions—cautioning requirements
s 118ZRins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Compensation—pt 6C
s 118ZSins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Consideration of Ministerial and chief health officer directions by standing committee of Assembly
s 118ZTins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Oversight functions unaffected
s 118ZUins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Expiry—pt 6C
s 118ZVins A2022‑9 s 5
exp 24 December 2023 (s 118ZV (1) (b))
Emergency declarations
s 119am A2001‑44 amdt 1.3411; A2009‑20 amdt 1.167; A2013‑44 amdt 3.153, amdt 3.159; A2015‑33 amdt 1.193; A2020‑10 s 4, s 5; A2022‑9 s 6, s 7; A2020‑10 amdt 1.1, amdt 1.2
Emergency actions and directions
s 120am A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.154, amdt 3.159; A2020‑10 ss 6-10; ss renum R32; A2021-12 amdt 3.152, amdt 3.153; A2021-31 s 4, s 5; A2022‑9 s 8, s 9
(4A), (9) exp 29 September 2023 (s 120D)
COVID-19 directions—notification requirement
s 120Ains A2021-31 s 6
exp 29 September 2023 (s 120D)
COVID-19 directions—offence
s 120Bins A2021-31 s 6
exp 29 September 2023 (s 120D)
COVID-19 directions—cautioning requirements
s 120Cins A2021-31 s 6
exp 29 September 2023 (s 120D)
COVID-19 directions—expiry
s 120Dins A2021-31 s 6
am A2022‑9 s 10, s 11
exp 29 September 2023 (s 120D)
Emergency powers
s 121am A2003‑56 amdt 3.173, amdt 3.174; A2004‑28 amdt 3.52, amdt 3.53; A2008‑26 amdt 2.140, amdt 2.141; A2022‑14 amdt 3.193, amdt 3.194
Compensation
s 122am A2002‑40 amdt 3.34; A2002‑49 amdt 3.184, amdt 3.185; A2020‑10 s 11; A2020‑24 s 4, s 5; A2022‑9 s 12, s 13
Reports on emergencies
s 123am A2002‑49 amdt 3.186; A2013‑44 amdt 3.159
Check-in information—COVID-19
pt 7A hdgins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Definitions—pt 7A
s 123Ains A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def authorised collector ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def Check In CBR app ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def check-in information ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def contact tracing ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def court ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def COVID-19 public health direction ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def permitted purpose ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def statistical or summary information ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
def use ins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Collection of check-in information
s 123Bins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Use of check-in information
s 123Cins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Check-in information not admissible in court
s 123Dins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Protecting and destroying check-in information
s 123Eins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Expiry—pt 7A
s 123Fins A2022‑9 s 14
exp 29 February 2024 (s 123F (1) (b))
Investigations
s 124am A2002‑49 amdt 3.187; A2007‑25 amdt 1.155; A2013‑44 amdt 3.159; A2023-36 amdt 1.313
Procedure
s 125am A2013‑44 amdt 3.159
Reports
s 127am A2002‑49 amdt 3.188; A2013‑44 amdt 3.159
Protection and immunity
s 128am A2002‑49 amdt 3.189
Investigation offences
s 129am A2000‑66 sch 1 pt 13; A2013‑44 amdt 3.159
Meaning of reviewable decision—pt 9
s 130am A2000‑36 s 6; A2001‑66 amdt 2.14; A2002‑49 amdts 3.190-3.192
sub A2008‑26 amdt 2.142; A2008‑36 amdt 1.577
Reviewable decision notices
s 131am A2000‑36 s 7; A2001‑66 amdts 2.15-2.17
sub A2008‑26 amdt 2.142; A2008‑36 amdt 1.577
Applications for review
s 131Ains A2008‑36 amdt 1.577
Codes of practice
s 133am A2001‑44 amdt 1.3412, amdt 1.3413; A2002‑49 amdt 3.193; A2013‑44 amdts 3.155-3.157; A2016‑54 s 8; ss renum R28 LA
Declarations for the Planning Act 2023
s 134sub A2007‑25 amdt 1.156
am A2010‑18 amdt 3.11
sub A2023-36 amdt 1.314
Evidence—costs and expenses
s 135 hdgsub A2011‑48 amdt 1.48
s 135am A2002‑49 amdt 3.194; A2011‑48 amdt 1.48
Evidence—certificates by analysts
s 135Ains A2008‑26 amdt 2.143
Acts and omissions of representatives
s 136sub A2002‑49 amdt 3.195
Expiry—certain definitions
s 136Ains A2022‑9 s 15
om R44 LA
Determination of fees
s 137am A2000‑36 amdt 1.15, amdt 1.16
sub A2001‑44 amdt 1.3414
am A2013‑44 amdt 3.158; A2020‑35 s 4; ss renum R33 LA
Approved forms
s 137Ains A2001‑44 amdt 1.3414
am A2013‑44 amdt 3.158
om A2021-12 amdt 3.154
Regulation-making power
s 138sub A2000‑36 s 8
(4)-(6) exp R1 (LRA s 15 (1) (o) (iv))
am A2000‑66 sch 1 pt 13; A2001‑44 amdt 1.3415, amdt 1.3416; A2019‑42 amdt 1.41; pars renum R31 LA
References to health care professional in DI2001-187
s 139ins A2004‑39 amdt 1.38
exp 9 January 2009 (s 139 (3))
Modification of Act
pt 11 hdgins A2004‑39 amdt 1.38
exp 9 January 2009 (s 143)
Application of pt 11
s 140ins A2004‑39 amdt 1.38
exp 9 January 2009 (s 143)
Section 102 (5) (a)
s 141ins A2004‑39 amdt 1.38
exp 9 January 2009 (s 143)
Dictionary, definition of counsellor, paragraph (a)
s 142ins A2004‑39 amdt 1.38
exp 9 January 2009 (s 143)
Expiry of pt 11
s 143ins A2004‑39 amdt 1.38
exp 9 January 2009 (s 143)
Dictionary
dictins A2000‑36 s 9
am A2002‑49 amdt 3.196; A2004‑28 amdt 3.54; A2008‑26 amdt 2.144; A2008‑36 amdt 1.578; A2009‑20 amdt 3.168; A2011‑22 amdt 1.363, amdt 1.364; A2015‑33 amdt 1.194; A2016‑13 amdt 1.116; A2018‑42 amdt 1.20; A2023-36 amdt 1.315
def abatement notice reloc from s 5 A2000‑36 amdt 1.2
def activity accreditation scheme ins A2000‑36 s 9
def activity accreditation standards ins A2000‑36 s 9
def activity licence reloc from s 5 A2000‑36 amdt 1.2
def activity premises alteration ins A2000‑36 s 9
def activity register ins A2000‑36 s 9
def affected person ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def analyst reloc from s 5 A2000‑36 amdt 1.2
sub A2008‑26 amdt 2.145
def approval ins A2008‑26 amdt 2.146
def approved person ins A2008‑26 amdt 2.146
def authorisation reloc from s 5 A2000‑36 amdt 1.2
sub A2002‑49 amdt 3.197
def authorised collector ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def authorised medical officer reloc from s 5 A2000‑36 amdt 1.2
def authorised nurse practitioner ins A2004‑10 s 34
om A2018‑42 amdt 1.21
def authorised officer reloc from s 5 A2000‑36 amdt 1.2
sub A2002‑49 amdt 3.198
def automatic ins A2000‑36 s 9
def Check In CBR app ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def check-in information ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def chief health officer reloc from s 5 A2000‑36 amdt 1.2
def chief health officer direction ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def chief health officer exemption guideline ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def code of practice reloc from s 5 A2000‑36 amdt 1.2
def community pharmacy ins A2013‑44 amdt 1.33
def connected ins A2002‑49 amdt 3.199
def contact reloc from s 5 A2000‑36 amdt 1.2
def contact tracing ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def contravention ins A2000‑36 s 9
def corresponding public health risk law reloc from s 5 A2000‑36 amdt 1.2
def counsellor reloc from s 5 A2000‑36 amdt 1.2
am A2004‑39 amdt 1.39; A2010‑10 amdt 2.111
def course of instruction ins A2008‑26 amdt 2.146
def court ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def COVID-19 ins A2022‑9 s 16
exp 29 February 2024 (s 136A (1) (c))
def COVID-19 emergency declaration ins A2022‑9 s 16
exp 29 February 2024 (s 136A (1) (c))
def COVID-19 management declaration ins A2022‑9 s 16
exp 29 February 2024 (s 136A (1) (c))
def COVID-19 public health direction ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def defined influential person reloc from s 5 A2000‑36 amdt 1.2
def determined fee reloc from s 5 A2000‑36 amdt 1.2
om R2 LA
def director reloc from s 5 A2000‑36 amdt 1.2
def education reloc from s 5 A2000‑36 amdt 1.2
def EIS ins A2007‑25 amdt 1.157
sub A2023-36 amdt 1.316
def emergency declaration reloc from s 5 A2000‑36 amdt 1.2
def emergency direction reloc from s 5 A2000‑36 amdt 1.2
def environmental impact statement ins A2007‑25 amdt 1.158
om A2023-36 amdt 1.317
def externally reviewable decision ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def external reviewer ins A2022‑9 s 16
om R43 LA
def functions reloc from s 5 A2000‑36 amdt 1.2
om R2 LA
def health worker ins A2008‑26 amdt 2.146
def improvement notice reloc from s 5 A2000‑36 amdt 1.2
def insanitary condition reloc from s 5 A2000‑36 amdt 1.2
def internally reviewable decision ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def licensable public health risk activity ins A2000‑36 s 9
def licensable public health risk procedure ins A2000‑36 s 9
def location ins A2000‑36 s 9
def location-specific ins A2000‑36 s 9
def medical practitioner reloc from s 5 A2000‑36 amdt 1.2
om R6 LA
def Ministerial direction ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def Ministerial exemption guideline ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def notifiable condition reloc from s 5 A2000‑36 amdt 1.2
def notified suspension or cancellation ins A2000‑36 s 9
def nurse practitioner position ins A2004‑10 s 34
sub A2006‑27 amdt 2.10
om A2018‑42 amdt 1.21
def occupier ins A2000‑36 s 9
sub A2003‑56 amdt 3.175
def occupier ins A2002‑49 amdt 3.200
sub A2003‑56 amdt 3.175
def offence ins A2002‑49 amdt 3.200
def pathologist reloc from s 5 A2000‑36 amdt 1.2
def patient reloc from s 5 A2000‑36 amdt 1.2
sub A2008‑26 amdt 2.147
def permitted purpose ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def place reloc from s 5 A2000‑36 amdt 1.2
def premises reloc from s 5 A2000‑36 amdt 1.2
def procedure accreditation scheme ins A2000‑36 s 9
def procedure accreditation standards ins A2000‑36 s 9
def procedure appliance alteration ins A2000‑36 s 9
def procedure licence reloc from s 5 A2000‑36 amdt 1.2
def processing ins A2002‑49 amdt 3.200
def processing ins A2002‑49 amdt 3.200
def prohibition notice reloc from s 5 A2000‑36 amdt 1.2
def public health reloc from s 5 A2000‑36 amdt 1.2
def public health direction reloc from s 5 A2000‑36 amdt 1.2
def public health officer reloc from s 5 A2000‑36 amdt 1.2
def public health risk activity reloc from s 5 A2000‑36 amdt 1.2
def public health risk procedure reloc from s 5 A2000‑36 amdt 1.2
def registered activity ins A2000‑36 s 9
def registered location ins A2000‑36 s 9
def registered person ins A2000‑36 s 9
def registered people register ins A2000‑36 s 9
def registrable public health risk activity ins A2000‑36 s 9
def registration ins A2000‑36 s 9
def registration certificate ins A2000‑36 s 9
def relevant decision-maker ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def responsible person reloc from s 5 A2000‑36 amdt 1.2
sub A2004‑10 s 35
am A2018‑42 amdt 1.22
def reviewable decision ins A2008‑36 amdt 1.579
def segregation or isolation direction ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def sewerage utility ins A2002‑49 amdt 3.200
def scope of practice ins A2004‑10 s 36
sub A2006‑27 amdt 2.11
om A2018‑42 amdt 1.23
def standing exemption ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def statistical or summary information ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def syringe ins A2008‑26 amdt 2.148
def this Act om A2001‑44 amdt 1.3417
def transmissible notifiable condition reloc from s 5 A2000‑36 amdt 1.2
def use ins A2022‑9 s 16
exp 29 February 2024 (s 123F (1) (b))
def utility ins A2000‑66 sch 1 pt 13
def vaccination direction ins A2022‑9 s 16
exp 24 December 2023 (s 118ZV (1) (c) and (2))
def vaccination exemption guideline ins A2022‑9 s 16
om R43 LA
def vending machine ins A2008‑26 amdt 2.148
def vending machine approval ins A2008‑26 amdt 2.148
def water distributor ins A2002‑49 amdt 3.200
def water supplier ins A2002‑49 amdt 3.200
def water utility ins A2002‑49 amdt 3.200
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
21 Sept 202020 July 2000–
20 July 2000A2000-36 amendments by A2000-36 R1 (RI)
21 Sept 202021 July 2000–
31 Dec 2000A2000-36 expiry of provision (s 138 (4)-(6))
reissue of printed version
R1A
21 Sept 20201 Jan 2001–
11 Sept 2001A2000-66 amendments by A2000-66 R2
19 Oct 200112 Sept 2001–
9 Mar 2002A2001-66 amendments by A2001-44 R3
10 Mar 200210 Mar 2002–
27 May 2002A2001-66 amendments by A2001-66 R4
29 May 200228 May 2002–
31 Oct 2002A2002-11 amendments by A2002-11 R5
1 Nov 20021 Nov 2002–
30 Dec 2002A2002-40 amendments by A2002-40 R6*
31 Dec 200231 Dec 2002–
18 Dec 2003A2002-49 amendments by A2002-49 R7
19 Dec 200319 Dec 2003–
8 Apr 2004A2003-56 amendments by A2003-56 R8
9 Apr 20049 Apr 2004–
26 May 2004A2004-15 amendments by A2004-15 R9
27 May 200427 May 2004–
30 June 2004A2004-15 amendments by A2004-10 R10
1 July 20041 July 2004–
1 July 2005A2004-28 amendments by A2004-28 R11
2 July 20052 July 2005–
6 July 2005A2004-39 commenced expiry R12
7 July 20057 July 2005–
31 Oct 2006A2004-39 amendments by A2004-39 R13
1 Nov 20061 Nov 2006–
17 Nov 2006A2006-27 amendments by A2005-41 as amended by A2006-3 R14
18 Nov 200618 Nov 2006–
13 Dec 2006A2006-46 amendments by A2006-46 R15
14 Dec 200614 Dec 2006–
30 Mar 2008A2006-46 amendments by A2006-27 R16
31 Mar 200831 Mar 2008–
9 Jan 2009A2007-25 amendments by A2007-25 R17
10 Jan 200910 Jan 2009–
13 Feb 2009A2008-36 commenced expiry R18*
14 Feb 200914 Feb 2009–
21 Sept 2009A2008-36 amendments by A2008-26 and A2008-36 R19
22 Sept 200922 Sept 2009–
2 June 2010A2009-20 amendments by A2009-20 R20
3 June 20103 June 2010–
30 June 2010A2010-18 amendments by A2010-18 R21
1 July 20101 July 2010–
14 Feb 2011A2010-18 amendments by A2010-10 R22
15 Feb 201115 Feb 2011–
30 June 2011A2010-18 expiry of transitional provisions (div 3A.3) R23
1 July 20111 July 2011–
29 Feb 2012A2011-22 amendments by A2011-22 R24
1 Mar 20121 Mar 2012–
24 Nov 2013A2011-48 amendments by A2011-48 R25
25 Nov 201325 Nov 2013–
13 Oct 2015A2013‑44 relocation of provisions from Health Act 1993 and Public Health Regulation 2000 and other amendments by A2013‑44 R26
14 Oct 201514 Oct 2015–
31 Mar 2016A2015‑33 amendments by A2015‑33 R27
1 Apr 20161 Apr 2016–
25 Aug 2016A2016‑13 amendments by A2016‑13 R28
26 Aug 201626 Aug 2016–
22 Oct 2018A2016‑54 amendments by A2016‑54 R29
23 Oct 201823 Oct 2018–
21 Nov 2018A2018‑33 amendments by A2018‑33 R30
22 Nov 201822 Nov 2018–
13 Nov 2019A2018‑42 amendments by A2018‑42 R31
14 Nov 201914 Nov 2019–
15 Mar 2020A2019‑42 amendments by A2019‑42 R31A
24 June 202016 Mar 2020–
7 Apr 2020A2020‑24 retrospective amendments by A2020‑24 R32
8 Apr 20208 Apr 2020–
5 Aug 2020A2020‑10 amendments by A2020‑10
does not include retrospective amendments by A2020‑24 (see reissued republication)R32 (RI)
24 June 20208 Apr 2020–
5 Aug 2020A2020‑10 reissued for retrospective amendments by A2020‑24 R33
6 Aug 20206 Aug 2020–
22 June 2021A2020‑35 amendments by A2020‑35 R34
23 June 202123 June 2021–
10 Dec 2021A2021‑12 amendments by A2021‑12 R35
11 Dec 202111 Dec 2021–
17 June 2022A2021‑31 amendments by A2021‑31 R36
18 June 202218 June 2022–
23 June 2022A2022‑9 amendments by A2022‑9 R37
24 June 202224 June 2022–
23 Aug 2022A2022‑9 amendments by A2022‑9 R38
24 Aug 202224 Aug 2022–
9 Sept 2022A2022‑14 amendments by A2022‑14 R39
10 Sept 202210 Sept 2022–
28 Sept 2023A2022‑14 amendments by A2022‑12 R40
29 Sept 202329 Sept 2023–
29 Sept 2023A2022‑14 amendments by A2020‑10 R41
30 Sept 202330 Sept 2023–
26 Nov 2023A2022‑14 expiry of provisions (s 120 (4A), (9), ss 120A-120D) R42
27 Nov 202327 Nov 2023–
24 Dec 2023A2023‑36 amendments by A2023‑36 R43
25 Dec 202325 Dec 2023–
29 Feb 2024A2023‑36 expiry of provisions (s 17 (1) (ca), pt 6C, relevant dict defs stated in s 118ZV (2))
0
0
0