Untitled document

Public Health and Wellbeing Amendment Regulations 2011

S.R. No. 57/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4New regulation 9A inserted

9APersons to whom a prescribed Consultative Council may provide certain information

5Infringements

6Schedule 8 substituted

SCHEDULE 8—Infringements

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 57/2011

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 5 July 2011

Responsible Minister:

DAVID DAVIS
Minister for Health

MATHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2009 to—

(a)prescribe persons to whom prescribed Consultative Councils may provide certain information; and

(b)make technical changes in relation to the prescribing of infringement offences and infringement penalties for the purposes of section 209 of the Public Health and Wellbeing Act 2008.

2Authorising provision

These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008.

3Principal Regulations

In these Regulations, the Public Health and Wellbeing Regulations 2009[1] are called the Principal Regulations.

4New regulation 9A inserted

After regulation 9 of the Principal Regulations insert—

9APersons to whom a prescribed Consultative Council may provide certain information"

For the purposes of section 41(1)(k) of the Act, the following persons are prescribed—

(a)the Australian Institute of Health and Welfare established by section 4 of the Australian Institute of Health and Welfare Act 1987 of the Commonwealth;

(b)the Registrar of Births, Deaths and Marriages employed in accordance with section 5 of the Births, Deaths and Marriages Registration Act 1996.".

5Infringements

(1)In regulation 88(1) of the Principal Regulations, for "the offences set out in column 2 of the Table" substitute "offences against the provisions set out in Column 2 of the Tables".

(2)In regulation 88(2) of the Principal Regulations, for "penalty prescribed in respect of each offence is the amount specified in column 4 of the Table in Schedule 8 opposite the prescribed offence" substitute "infringement penalty prescribed in respect of an infringement offence is the amount specified in Column 4 of a Table in Schedule 8 opposite that infringement offence as".

(3)In regulation 88(3) of the Principal Regulations for "the Table" substitute "a Table".

6Schedule 8 substituted

For Schedule 8 to the Principal Regulations substitute—

"__________________

SCHEDULE 8

INFRINGEMENTS

Regulation 88

Table 1—Infringement Offences in these Regulations

Column 1 Item	Column 2 Infringement offence	Column 3 Short description of infringement offence	Column 4 Infringement penalty
1	R. 17(2)	Proprietor of prescribed accommodation permits a room to be used as bedroom if it has a floor area of less than 7×5 square meters	4 penalty units
2	R. 20(1)	Proprietor of prescribed accommodation fails to provide a continuous and adequate supply of water to toilet, bathing, kitchen, laundry and drinking water facilities	4 penalty units
3	R. 25	Proprietor of prescribed accommodation fails to supply one toilet, bath or shower and wash basin for every 10 persons or fraction of that number of persons occupying the accommodation	4 penalty units
4	R. 27	Proprietor of prescribed accommodation states or causes to be stated in an advertisement, notice or sign that the premises is registered or approved for any class of accommodation other than that set out in the certificate of registration	4 penalty units
5	R. 56(2)	Failure of responsible person to ensure that at least once each month a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting on for heterotrophic colony count	4 penalty units
6	R. 56(3)	Failure of responsible person to ensure that at least once every three months a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting for Legionella	4 penalty units

Table 2—Infringement Offences in the Act

Column 1 Item	Column 2 Infringement offence	Column 3 Short description of infringement offence	Column 4 Infringement penalty
7	S. 67	Failure to register prescribed accommodation with municipal Council	In the case of a body corporate, 10 penalty units In the case of a natural person, 4 penalty units

8	S. 69(1)	Failure to register premises for certain businesses that are not prescribed to be exempt	In the case of a body corporate, 10 penalty units In the case of a natural person, 4 penalty units
Column 1 Item	Column 2 Infringement offence	Column 3 Short description of infringement offence	Column 4 Infringement penalty
9	S. 80	Failure to register cooling tower system in operation	In the case of a body corporate, 24 penalty units In the case of a natural person, 10 penalty units
10	S. 87(2)	Failure to notify Secretary of change of ownership, change of owner's contact details or address in relation to cooling tower system	In the case of a body corporate, 10 penalty units In the case of a natural person, 2 penalty units
11	S. 95	Risk management plan audit conducted by person who is not an approved auditor	4 penalty units
12	S. 99	Unlicensed use of pesticide in the course of business of pest control operator	4 penalty units
13	S. 108	Failure to keep prescribed pest control records	In the case of a body corporate, 4 penalty units In the case of a natural person, 2 penalty units

".

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ENDNOTES

[1] Reg. 3: S.R. No. 178/2009.  Subsequently amended by S.R. No. 79/2010.