Public Health (Infringement Notices) Regulations 2008 (TAS)

Public Health (Infringement Notices) Regulations 2008

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Public Health Act 1997 .31 March 2008

W. J. E. COX

Governor

By His Excellency’s Command,

LARA GIDDINGS

Minister for Health and Human Services

1Short titleThese regulations may be cited as the Public Health (Infringement Notices) Regulations 2008 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Infringement notice offencesFor section 169 of the Public Health Act 1997  – (a) an offence against a provision of that Act specified in column 1 (and generally described in column 2) of Schedule 1 is a prescribed offence and the penalty specified in column 3 of that Schedule in respect of that offence is the applicable penalty; and (b) an offence against a provision of the Public Health (General) Regulations 2005 specified in column 1 (and generally described in column 2) of Schedule 2 is a prescribed offence and the penalty specified in column 3 of that Schedule in respect of that offence is the applicable penalty. 4Legislation rescindedThe legislation specified in Schedule 3 is rescinded. Schedule 1Infringement Notice Offences under Public Health Act 1997

Regulation 3(a)

Column 1	Column 2	Column 3
Provision	General description of offence	Penalty (Penalty units)
Section 36(3)	Failing to comply with requirement of council or authorised officer	1
Section 41(2)	Failing to comply with requirement to undergo medical examination	1
Section 52(3)	Failing to comply with direction relating to investigation or inquiry	2
Section 53(3)	Failing to comply with order to take action to stop, limit or prevent spread of notifiable disease	1
Section 64(4)	Failing to display notice in conspicuous position where tobacco product is sold	1
Section 64(6)	Failing to provide employees information about sale and supply of tobacco products to children	1
Section 65	Failing to ensure tobacco product vending machine cannot be operated by member of public without assistance	2
Section 67C(1)	Smoking in smoke-free area	2
Section 67C(4)	Failing or refusing to comply with requirement of nominated officer under section 67C(3)	1
Section 67D(1)	Occupier of smoke-free area in which person smokes	1
Section 67E(1)	Failing to display sign in smoke-free area as required	2
Section 67F	Failing to ensure smoke-free area of outdoor dining area is not of inferior amenity to outdoor dining area in which smoking is permitted	1
Section 67G	Failing to develop and implement procedures to minimise risk to health of persons required to work in personal living area that is not smoke-free area	1
Section 67H(1)	Smoking inside vehicle being used in course of employment with other people inside it	1
Section 67H(2)	Smoking inside vehicle with child inside it	1
Section 70(1)	Displaying, publishing or broadcasting tobacco advertisement in, or within audio-visual range of, public place	2
Section 70(3)(a)	Displaying more than one packet of each product line of tobacco or tobacco product at any premises	2
Section 70(3)(b)	Displaying tobacco or tobacco product within 75cm from confectionery unless distance cannot be practicably maintained or Director grants exemption	2
Section 71	Failing to ensure tobacco vending machine does not display advertising or wording other than type or class specified in guidelines	1
Section 72A(1)	Displaying tobacco or tobacco product within 75cm of product designed or marketed for use of children	2
Section 72A(2)	Displaying packet of tobacco or tobacco product except in sales unit	2
Section 72A(3)	Failing to ensure sales unit complies with requirements	2
Section 72A(4)	Failing to ensure tobacco or tobacco products display not properly confined	2
Section 72A(5)	Displaying tobacco or tobacco product in more than one sales unit per premises	2
Section 72A(7)	Displaying tobacco or tobacco product with unauthorised enhancement	2
Section 72A(8)	Displaying cigarette cartons or shippers in public place	2
Section 73	Failing to ensure tobacco or tobacco product packaged or labelled in accordance with guidelines	1
Section 74A	Selling tobacco or tobacco product without licence or not on behalf of holder of licence	2
Section 74I	Failing to sell tobacco or tobacco products in accordance with licence conditions, guidelines, regulations and Part 4 of Act	2
Section 74K(1)	Failing to notify of acquisition of additional premises as required	1
Section 74L(1)	Selling tobacco or tobacco product from premises not specified in tobacco seller’s licence	1
Section 74L(2)	Failing to display tobacco seller’s licence or copy at required places	1
Section 75	Operating, &c., place of assembly without licence	2
Section 79	Operating, &c., place of assembly otherwise than in required manner	1
Section 84(1)	Allowing overcrowding of place of assembly	2
Section 87(7)	Requiring occupier to comply with closure order or pay cost of work	2
Section 90	Letting, occupying or inhabiting premises in contravention of closure order	2
Section 92(3)	Failing to comply with rectification notice	1
Section 95(2)	Failing to register premises where public health risk activity is carried out	2
Section 99	Operating registered premises otherwise than in required manner	1
Section 104(2)	Failing to comply with requirement to obtain licence to carry out public health risk activity	2
Section 109	Carrying out public health risk activity otherwise than in required manner	1
Section 117(1)	Operating and maintaining registered regulated system otherwise than in required manner	2
Section 117(3)	Failing to operate or maintain registered regulated system in accordance with directions or guidelines	2
Section 118(3)	Failing to comply with direction relating to registered regulated system	2
Section 119(2)	Failing to comply with notice relating to registered regulated system	2
Section 127	Failing to comply with guidelines relating to safeguards for public use of premises	1
Section 133(1)	Failing to register private water source for public use	1
Section 148(3)	Failing to comply with requirement to provide information relating to public health	2
Section 149	Failing to record, collect, transmit or store information as required	2
Section 150(2)	Failing to comply with requirement relating to article, item or substance posing threat to public health	2
Section 151(2)	Failing to remove or destroy article, goods or substances as required	2
Section 184(5)	Failing to comply with Director’s guidelines	1
Section 186	Failing to provide facilities and assistance to Director, &c., as required	1

Schedule 2Offences under Public Health (General) Regulations 2005

Regulation 3(b)

Column 1	Column 2	Column 3
Provision	General description of offence	Penalty (Penalty units)
Regulation 6(1)	Occupier permitting or providing prohibited things in approved smoking area	1
Regulation 6(2)	Occupier failing to keep certain doors and windows closed	1

Schedule 3Legislation rescinded

Regulation 4

Public Health (Infringement Notices) Regulations 1998 (No. 74 of 1998)

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

Notified in the Gazette on 1 April 2008

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe certain offences under the Public Health Act 1997 and Public Health (General) Regulations 2005 as offences for which infringement notices may be issued; and (b) prescribe the penalties for those infringement notice offences; and (c) rescind the Public Health (Infringement Notices) Regulations 1998 .