Public Health Amendment Act 2000 (TAS)

Public Health Amendment Act 2000

An Act to amend the Public Health Act 1997

[Royal Assent 13 December 2000]

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

1Short titleThis Act may be cited as the Public Health Amendment Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Public Health Act 1997 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of air-handling system and substituting the following definition: air-handling system means a system that directs air in a positive and controlled manner to and from specific enclosures by means of air-handling plant, ducts, plenums, air-distribution devices or control devices; (b) by inserting the following definition after the definition of approved : approved form means a form that – (a) is approved by the Director; or (b) contains information approved by the Director; (c) by omitting "undertaken by any means to determine" from the definition of cervical cancer test and substituting "or procedure which may indicate"; (d) by inserting the following definition after the definition of contaminant : cooling tower means – (a) a device that lowers the temperature of water by evaporative cooling in which atmospheric air is in contact with falling water thereby exchanging heat; or (b) a device referred to in paragraph (a) that incorporates a water-refrigerant exchanger or water-water heat exchanger; (e) by omitting the definition of evaporative cooling system ; (f) by omitting the definition of hot-water system ; (g) by inserting the following definition after the definition of nominated officer : non-tobacco cigarette means a rolled cylinder of a substance, other than tobacco, produced by a commercial process that is intended for smoking; (h) by omitting the definition of private water source and substituting the following definition: private water source means any water used or supplied for human consumption, other than water supplied by a council or other public authority established for the purpose of supplying water; (i) by inserting the following definition after the definition of public notice : public office means the place at which a council carries on its administrative activities; (j) by omitting the definition of regulated system and substituting the following definition: regulated system means – (a) an air-handling system; or (b) a cooling tower; or (c) a warm-water system; or (d) a humidifying system; or (e) any other system or process that may involve a risk of legionnaire’s disease (legionellosis) required to be registered under section 113 ; (k) by inserting the following definition after the definition of vehicle : warm-water system means a system that stores water between 30oC – 50oC; (l) by omitting "taken." from paragraph (h) of the definition of water and substituting "taken; and"; (m) by inserting the following paragraph after paragraph (h) in the definition of water : (i) any water used in a regulated system; (n) by inserting the following definition after the definition of water : wharf includes any structure that extends beyond the low-water mark. 5Section 10 amended (Health officers) Section 10(1) of the Principal Act is amended by omitting "required" and substituting "approved". 6Section 11 amended (Appointment of officers)Section 11 of the Principal Act is amended as follows: (a) by omitting "approved" from subsection (1)(a); (b) by omitting from subsection (2)(a) "registered as" and substituting "registered". 7Section 30 amended (Entry, inspection and seizure) Section 30(1) of the Principal Act is amended by omitting "or a person authorised by and acting on behalf of a council". 8Section 30A insertedAfter section 30 of the Principal Act , the following section is inserted in Division 5: 30APowers of certain nominated officers The Director may authorise a nominated officer to exercise any specified power referred to in Division 5 of Part 2 for the purpose of Part 4 as if the officer were an authorised officer. 9Section 31 amended (Certificate of authority) Section 31 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or a nominated officer authorised under section 30A " after "officer"; (b) by inserting in subsection (2)(b) "or nominated officer authorised under section 30A " after "officer". 10Section 48 amended (Notification of disease and contaminant) Section 48 of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (1) ; (b) by inserting the following subsection after subsection (1) : (1A)  A person must comply with a requirement under subsection (1) .

Penalty:  Fine not exceeding 50 penalty units.

11Section 58 amended (Immunisation record at schools) Section 58 of the Principal Act is amended as follows: (a) by inserting the following subparagraph after subparagraph (iii) in subsection (1)(a) : (iv) has not been immunised against that disease because tests indicate that the child has a natural immunity to that disease; or (b) by omitting from subsection (2) "the relevant" and substituting "any relevant". 12Section 59 amended (Immunisation certificate) Section 59(b) of the Principal Act is amended by inserting "or a person of an approved class of person" after "person". 13Section 64 amended (Sale to children) Section 64(5) of the Principal Act is amended by omitting "credible". 14Section 64A insertedAfter section 64 of the Principal Act , the following section is inserted in Division 1: 64ASale of non-tobacco cigarettes to children A person must not sell, lend, give or supply or offer to sell, lend, give or supply any non-tobacco cigarette to, or for the use of, a child.

Penalty:  Fine not exceeding 50 penalty units.

15Section 70 amended (Display of tobacco products and advertisements) Section 70(1) of the Principal Act is amended by omitting "a tobacco advertisement for any direct or indirect benefit" and substituting ", publish or broadcast a tobacco advertisement". 16Section 74F amended (Renewal of tobacco seller's licence) Section 74F of the Principal Act is amended as follows: (a) by omitting subsection (4) and substituting the following subsection: (4)  If an application to renew a tobacco seller’s licence is lodged and not determined before the licence expires, the period of the licence is extended until the application is determined. (b) by omitting subsection (6) ; (c) by inserting in subsection (7) ", except section 74E ," after "Division"; (d) by inserting the following subsections after subsection (7) : (8)  A licence renewed under this section is subject to any conditions the Director determines. (9)  A licence renewed under this section takes effect from the expiry of the previous licence and remains in force, unless extended pursuant to subsection (4) , until whichever of the following occurs first: (a) the date specified in the renewed licence; (b) the expiry of 12 months from the expiry of the previous licence. 17Section 75 amended (Licence to operate place of assembly) Section 75 of the Principal Act is amended by inserting "and in respect of a place or class of place specified in a notice under section 75A " after "licence". 18Section 75A insertedAfter section 75 of the Principal Act , the following section is inserted in Division 1: 75ASpecified places requiring licences The Director, by public notice, may specify a place or a class of place as a place or class of place in respect of which a place of assembly licence is required. 19Section 81 amended (Renewal of licence) Section 81 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the licence ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew a place of assembly licence is lodged and not determined before the licence expires, the period of the licence is extended until the application is determined. (c) by omitting from subsection (7) " sections 78 , 79 and 80 " and substituting " sections 78 and 79 "; (d) by inserting the following subsections after subsection (7) : (8)  A licence renewed under this section is subject to any conditions the council determines. (9)  A licence renewed under this section takes effect from the expiry of the previous licence and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed licence; (b) the expiry of 12 months from the expiry of the previous licence. 20Section 82 amended (Variation of licence) Section 82(1) of the Principal Act is amended by inserting "adding," after "omitting,". 21Section 92 amended (Rectification notice) Section 92(6) of the Principal Act is amended by omitting "dangerous" and substituting "prejudicial". 22Section 101 amended (Renewal of registration of premises) Section 101 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the registration ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew the registration of premises is lodged and not determined before the registration expires, the period of the registration is extended until the application is determined. (c) by omitting from subsection (7) " Sections 98 , 99 and 100 " and substituting " Sections 98 and 99 "; (d) by inserting the following subsections after subsection (7) : (8)  Registration renewed under this section is subject to any conditions the council determines. (9)  Registration renewed under this section takes effect from the expiry of the previous registration and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed certificate of registration; (b) the expiry of 12 months from the expiry of the previous registration. 23Section 102 amended (Variation of registration of premises) Section 102(1) of the Principal Act is amended by inserting "adding," after "omitting,". 24Section 110 amended (Renewal of licence) Section 110 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the licence ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew a licence to carry out a public health risk activity is lodged and not determined before the licence expires, the period of the licence is extended until the application is determined. (c) by omitting from subsection (7) " Sections 107 , 108 and 109 " and substituting " Sections 107 and 109 "; (d) by inserting the following subsections after subsection (7) : (8)  A licence renewed under this section is subject to any conditions the council determines. (9)  A licence renewed under this section takes effect from the expiry of the previous licence and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed licence; (b) the expiry of 12 months from the expiry of the previous licence. 25Section 111 amended (Variation of licence) Section 111(1) of the Principal Act is amended by inserting "adding," after "omitting,". 26Section 113 substituted Section 113 of the Principal Act is repealed and the following section is substituted: 113Registration of regulated system The Director, by public notice, may require a regulated system or a class of regulated system to be registered. 27Section 121 amended (Renewal of registration) Section 121 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the registration ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew the registration of a regulated system is lodged and not determined before the registration expires, the period of the registration is extended until the application is determined. (c) by omitting from subsection (7) " Sections 116 , 117 , 118 , 119 and 120 " and substituting " Sections 116 , 117 , 118 and 119 "; (d) by inserting the following subsections after subsection (7) : (8)  Registration renewed under this section is subject to any conditions the council determines. (9)  Registration renewed under this section takes effect from the expiry of the previous registration and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed certificate of registration; (b) the expiry of 12 months from the expiry of the previous registration. 28Section 122 amended (Variation of registration) Section 122(1) of the Principal Act is amended by inserting "adding," after "omitting,". 29Section 133 amended (Registration) Section 133 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "any purpose relating to the provision of service or goods to the public" and substituting "human consumption for commercial purposes or for human consumption in any place that is used for health, educational, imprisonment or detention purposes"; (b) by omitting from subsection (2) "for purposes other than public purposes" and substituting "from a private water source and is not required to be registered under subsection (1) ". 30Sections 135 and 136 substitutedSections 135 and 136 of the Principal Act are repealed and the following sections are substituted: 135Grant or refusal of registration (1)  A council may – (a) grant an application for registration as a user or supplier of water from a private water source subject to any conditions; or (b) refuse to grant the application. (2)  In determining an application, the council is to consider the protection of public health. (3)  The council, by notice in writing served on the applicant, must notify – (a) the granting of the application; or (b) the refusal to grant the application. 136Issue of certificate of registration If a council grants an application under section 135 , it is to – (a) issue a certificate of registration in an approved form; and (b) endorse the certificate with any conditions; and (c) specify on the certificate – (i) the name and address of the person to whom it is issued; and (ii) the water to which it relates; and (iii) the date of issue of the certificate. 136AUse or supply of water A person required to be registered under section 133(1) as a user or supplier of water from a private water source must ensure that the water is used or supplied – (a) in accordance with – (i) any condition of the registration; and (ii) any relevant guidelines; and (b) in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 50 penalty units.

136BVariation of registration (1)  A council, on its own volition or on application, may vary the registration of a person as a user or supplier of water from a private water source by omitting, adding, substituting or amending any condition of the registration. (2)  Before varying the registration, the council is to consider the protection of public health. (3)  The council, by notice in writing served on the holder of the certificate of registration, is to notify any variation of the registration. (4)  The variation of the registration takes effect – (a) if an appeal is not made under section 163A(1)(c) , 30 days after service of the notice; or (b) if an appeal is made under section 163A(1)(c) and a magistrate makes an order under section 167(1)(a) , on the day the order is made. 136CCancellation of registration (1)  A council may cancel the registration of a person as a user or supplier of water from a private water source if – (a) a condition of the registration has not been complied with; or (b) the water source poses, or is likely to pose, a threat to public health. (2)  The council, by notice in writing served on the holder of the certificate of registration, is to notify the cancellation of the registration. (3)  The cancellation of the registration under subsection (1)(a) takes effect – (a) if an appeal is not made under section 163A(1)(d) , 14 days after service of the notice; or (b) if an appeal is made under section 163A(1)(d) and a magistrate makes an order under section 167(1)(a) , on the day the order is made. 31Section 143 amended (General registers) Section 143 of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (2) ; (b) by inserting the following subsection after subsection (2) : (2A)  A person must comply with a requirement under subsection (2) .

Penalty:  Fine not exceeding 100 penalty units.

32Section 148 amended (Requirement for information) Section 148 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections: (2)  The Director may require a person to provide information that the Director considers is relevant to public health. (3)  A person must comply with a requirement under this section.

Penalty:  Fine not exceeding 100 penalty units.

33Section 150 amended (Dealings with certain articles and substances) Section 150(1) of the Principal Act is amended by omitting "which is, or is likely to be," and substituting "that in the opinion of the Director may cause". 34Section 152 amended (Costs incurred in exercising power) Section 152(1) of the Principal Act is amended by inserting "or fails to comply with a direction or requirement of the Director" after "a function". 35Section 158 amended (Proceedings) Section 158 of the Principal Act is amended by omitting subsection (3) . 36Section 163A insertedAfter section 163 of the Principal Act , the following section is inserted in Division 5: 163AAppeals relating to registration as user or supplier of water (1)  A person may appeal to a magistrate against the council’s decision to – (a) grant or refuse to grant an application for registration as a user or supplier of water from a private water source; or (b) impose any condition on that registration; or (c) vary that registration; or (d) cancel that registration. (2)  An appeal is to be made within 14 days after service of a notice under – (a) section 135(3) ; or (b) section 136B(3) ; or (c) section 136C(2) . 37Section 172 amended (Extension of acceptance period) Section 172 of the Principal Act is amended by omitting "relevant council clerk" and substituting "the general manager of the relevant council". 38Section 173 amended (Payment) Section 173 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "relevant council clerk" and substituting "the general manager of the relevant council"; (b) by omitting from subsection (2) "relevant council clerk" and substituting "the general manager of the relevant council"; (c) by omitting from subsection (3) "relevant council clerk" and substituting "the general manager of the relevant council". 39Section 184 amended (Guidelines) Section 184 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "and any matter in respect of which a regulation may be made" after "Act"; (b) by inserting the following subsection after subsection (5) : (6)  Guidelines are not statutory rules for the purpose of the Rules Publication Act 1953 . 40Section 187 amended (Exemptions) Section 187(2) of the Principal Act is amended by inserting ", activity or premises" after "matter". 41Section 188 amended (Immunity from liability) Section 188 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or any nominated officer" after "authority"; (b) by inserting in subsection (2) "or a public authority" after "Crown". 42Section 194A insertedAfter section 194 of the Principal Act , the following section is inserted in Division 8: 194AEvidence relating to tobacco product An allegation in a complaint in proceedings for an offence under Part 4 that a product is a tobacco product is evidence of that fact. 43Substitution of "public office" for "general manager"Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "general manager" on the number of occurrences specified in Column 2 of that Schedule and substituting "public office". 44Validation of action by certain officersAny action carried out or decision made by a person before 1 January 2000 in the purported exercise of a power or purported performance of a function as an environmental health officer or a medical officer of health under the Public Health Act 1997 was validly carried out or made as if that person had been validly appointed as such an officer under that Act. Schedule 1Substitution of "public office" for "general manager"

Section 43

Column 1

Provision amended

Column 2

Number of occurrences

Section 76(2)(b)

1

Section 96(2)(b)

1

Section 105(2)(b)

1

Section 114(2)(b)

1

Section 134(2)(b)

1

[Second reading presentation speech made in:

House of Assembly on 19 OCTOBER 2000

Legislative Council on 22 NOVEMBER 2000]