Australian Capital Territory
Public Health Act 1997     No 69
Republication No 5
Effective:  1 November 2002
Republication date: 1 November 2002
Last amendment made by Act 2002 No 40

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

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 November 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 1 November 2002.  
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 www.legislation.act.gov.au):
•	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.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Public Health Act 1997

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	4	Objectives	2
	6	Construction consistent with certain other laws	3
Part 2	Statutory offices
	7	Chief health officer	5
	8	Acting chief health officer	6
	9	Functions of chief health officer	6
	10	Biennial reporting by chief health officer	7
	11	Delegation by chief health officer	8
	12	Appointment of public health officers	8
	12A	Functions of public health officers	8
	13	Appointment of authorised medical officers	9
	14	Functions of authorised medical officers	9
	15	Appointment of analysts	9
	15A	Functions of analysts	10
	15B	Appointed analysts—appointment subject to conditions	10
	15C	Appointed analysts—procedure for imposition etc of conditions on chief executive’s initiative	11
	15D	Appointed analysts—suspension or cancellation of appointment	12
	16	Identity cards	13
	17	Protection from liability	14
Part 3	Public health risk activities and public health risk procedures
Division 3.1	General
	18	Public health risk activities and procedures—declaration	15
	20	Compliance with codes of practice	16
Division 3.2	Licensable public health risk activities
	21	Activity licences—offences	17
	22	Exemption from licensing requirement—activity accreditation schemes	17
	23	Activity accreditation standards—modification	18
	24	Alteration of premises and appliances—offence	19
	25	Alteration of premises and appliances—approval	19
	29	Activity licence—application	20
	30	Activity licence—grant or refusal	21
	32	Activity licence—duration	23
	33	Activity licence—renewal	23
	34	Activity licence—variation	23
	35	Activity licence—return for endorsement of variation	25
	36	Activity licence—application for transfer	25
	37	Activity licence—grant or refusal of transfer	25
	38	Activity licence—surrender	27
	39	Activity licence—suspension and cancellation	27
	40	Activity licence—emergency suspension	28
	41	Activity licence—automatic suspension	29
	42	Activity licence—return of defunct licences	30
	42A	Licensable public health risk activities—false representation	30
	42B	Licensable public health risk activities—inspection	31
Division 3.3	Licensable public health risk procedures
	42C	Procedure licences—offences	31
	42D	Exemption from licensing requirement—procedure accreditation schemes	32
	42E	Procedure accreditation standards—modification	33
	42F	Alteration of appliances—offence	33
	42G	Alteration of appliances—approval	34
	43	Procedure licence—application	34
	44	Procedure licence—further information	35
	45	Procedure licence—grant or refusal	35
	46	Procedure licence—form	35
	47	Procedure licence—annual fees	36
	48	Procedure licence—suspension and cancellation for failure to pay annual fee	36
	49	Procedure licence—variation	37
	50	Procedure licence—return for endorsement of variation	38
	51	Procedure licence—duration	38
	52	Procedure licence—surrender	38
	53	Procedure licence—suspension and cancellation	39
	54	Procedure licence—emergency suspension	40
	55	Procedure licence—automatic suspension	41
	56	Procedure licence—return of defunct licences	41
	56A	Licensable public health risk procedures—false representation	42
	56B	Procedure licence—inspection	42
Division 3.4	Registration of public health risk activities
	56C	Registrable public health risk activities—offences	43
	56D	Activity register	43
	56E	Registered people register	44
	56F	Registration—application	44
	56G	Registration—grant or refusal	45
	56J	Registration—duration	46
	56K	Registration—renewal	46
	56L	Registration—change of information	47
	56M	Registration—application for approval of transfer	48
	56N	Registration—grant or refusal of transfer	48
	56P	Registration—notified suspension and cancellation	49
	56Q	Registration—automatic suspension (prohibition notice)	50
	56R	Registration—return of suspended or cancelled certificates	51
	56S	Registration—surrender	51
	56T	Registration—false representation	51
	56U	Registration—inspection	51
Division 3.5	Registration of specialised systems
	56V	Definitions for div 3.5	52
	56W	Meaning of specialised system	53
	56X	Specialised systems—registrable public health risk activity	53
	56Y	System licences—registration	54
	56Z	System licences—transitional applications	55
	56ZA	System licences—transitional renewals	55
	56ZB	System licences—transitional transfers	55
	56ZC	System licences—transitional suspension	55
	56ZD	Expiry of div 3.5	57
Division 3.6	Improvement notices
	57	Improvement notice—compliance	57
	58	Improvement notice—issue	57
	59	Improvement notice—extension of compliance period	58
	60	Improvement notice—revocation	58
Division 3.7	Prohibition notices
	61	Prohibition notice—issue	59
	62	Prohibition notice—extension of compliance period	61
	63	Prohibition notice—display	61
	64	Prohibition notice—implementation	62
	65	Prohibition notice—revocation	63
	66	Prohibition orders	64
Part 4	Insanitary conditions
	67	Offence—insanitary conditions	66
	68	Complaints about insanitary conditions	66
	69	Abatement notices—issue	66
	70	Abatement notice—extension of compliance period	68
	71	Abatement notice—implementation	68
	72	Abatement notice—revocation	69
	73	Abatement orders	70
	74	Joint and several responsibility for insanitary conditions	72
Part 5	Inspection and analysis
Division 5.1	Preliminary
	75	Interpretation for pt 5	73
Division 5.2	Authorised officers’ powers
	76	Entry	74
	77	Consent to entry	75
	78	Powers upon entry	76
	79	Power to require name and address	77
	80	Search warrants	78
	81	Warrants by telephone or other electronic means	79
	82	Obstruction of authorised officers	80
	83	False information	81
Division 5.3	Seizure
	84	Seizure notices	81
	85	Storage of things seized in situ	82
	86	Interference with seized things	83
	87	Access to seized records	83
	88	Return of seized things	84
	89	Court orders for relief against seizure	84
	90	Forfeiture	86
	91	Cost of destruction or disposal of things forfeited	86
	92	Destruction of contaminated items	87
Division 5.4	Analysis
	93	Analyst’s power of entry	87
	94	Notice of taking of sample	88
	95	Analysis	88
	96	Certificate evidence of analysis	88
	97	Time limit for certain prosecutions	89
	98	Prohibited use of analysis	90
Part 6	Notifiable conditions and public health hazards
Division 6.1	Preliminary
	99	Principles—notifiable conditions	91
	100	Notifiable conditions—Ministerial determination	92
	101	Notifiable conditions—temporary status	93
Division 6.2	Notification of notifiable conditions
	102	Medical practitioners	93
	103	Pathologists	95
	104	Hospitals	96
	105	Notification by responsible persons	96
	106	Notification by affected persons—notifiable conditions	96
	107	Unauthorised assertions	97
	108	Authorised notification of contacts	98
	109	Use of notified information	99
	110	Disclosure of information—persons with notifiable conditions	100
	111	Disclosure of information—medical practitioners, pathologists, hospitals	101
Division 6.3	Public health hazards
	112	Notification of public health hazards	101
	113	Public health directions—issue	102
	114	Public health directions—notice to medical practitioner	104
	115	Public health directions—extension of compliance period	104
	116	Public health direction—implementation	105
	117	Public health directions—revocation	106
	118	Public health orders	107
Part 6A	Public health alerts
	118A	Public health alerts	109
Part 6B	Drinking water and sewage processing
Division 6B.1	Drinking water
	118B	Definitions for div 6B.1	110
	118C	Relationship with other provisions of this Act	110
	118E	Misleading information about water processing	111
	118F	Provision of water processing information to chief health officer	111
	118G	Contaminated drinking water provided by water utility	112
Division 6B.2	Sewage
	118H	Definitions for div 6B.2	112
	118I	Relationship with other provisions of this Act	112
	118K	Misleading information about sewage processing	113
	118L	Provision of sewage processing information to chief health officer	114
Part 7	Public health emergencies
	119	Emergency declarations	115
	120	Emergency actions and directions	116
	121	Emergency powers	117
	122	Compensation	119
	123	Reports on emergencies	119
Part 8	Public health investigations
	124	Investigations	121
	125	Procedure	121
	126	Powers	122
	127	Reports	122
	128	Protection and immunity	122
	129	Investigation offences	123
Part 9	Review and appeals
	130	Decisions reviewable by administrative appeals tribunal	125
	131	Notification of reviewable decisions	126
	132	Appeals	127
Part 10	Miscellaneous
	133	Codes of practice	128
	134	Environmental assessments and inquiries	128
	135	Evidence—records, costs and expenses	128
	136	Conduct of directors, servants and agents	129
	138	Regulation-making power	130
Dictionary
Endnotes
	1	About the endnotes	138
	2	Abbreviation key	138
	3	Legislation history	139
	4	Amendment history	140
	5	Earlier republications	149

Australian Capital Territory
Public Health Act 1997

An Act relating to public health, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Public Health Act 1997.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The 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 2	A 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 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
4	Objectives
This Act shall 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 performance of functions under this Act in a professional and responsible manner;
	(e)	the avoidance of any undue infringement of individual liberty and privacy in the performance of functions under this Act.
6	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; and
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 law of the Territory that has as 1 of its objects or purposes the protection of public health or the Food Act 2001.

Part 2	Statutory offices
    
7	Chief health officer
	(1)	The Minister shall, in writing, appoint a person to be the chief health officer.
	(2)	The chief health officer shall be—
	(a)	a public servant; and
	(b)	a medical practitioner.
	(3)	An appointment under subsection (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(4)	The Minister may, in writing, 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 2001.
	(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.
8	Acting chief health officer
	(1)	The chief executive may, in writing, appoint a person to act as the chief health officer during—
	(a)	a vacancy in the office of chief health officer; or
	(b)	during any period, or during all periods, when the chief health officer is for any reason unable to perform the functions of the office.
	(2)	An acting chief health officer shall be a medical practitioner.
	(3)	A person appointed to act as the chief health officer during a vacancy in the office of chief health officer shall not so act continuously for more than 12 months.
	(4)	Anything done by or in relation to a person purporting to act pursuant to an appointment under subsection (1) is not invalid on the ground that—
	(a)	the appointment was ineffective or had ceased to have effect; or
	(b)	the occasion to act had not arisen or had ceased.
9	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 this Act and the Food Act 2001 are complied with;
	(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 this Act or the Food Act 2001.
	(2)	The chief health officer may also exercise any other function given to the chief health officer by another Territory law.
10	Biennial reporting by chief health officer
	(1)	The chief health officer shall 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)	The first report shall be prepared in relation to the 2 year period expiring on 30 June 1998, and each subsequent report shall be prepared in relation to each succeeding 2 year period.
	(3)	A report shall be submitted to the Minister within 3 months after it is prepared.
	(4)	The Minister shall cause a report to be laid before the Legislative Assembly within 15 sitting days after receiving it.
11	Delegation by chief health officer 
The chief health officer may delegate a function under this Act or the Food Act 2001 to a person.
Note	For the making of delegations and the exercise of a delegated power, see Legislation Act 2001, pt 18.4 (Delegations).
12	Appointment of public health officers
	(1)	There may be 1 or more public health officers.
	(2)	The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of a public health officer.
	(3)	The following persons shall be public health officers:
	(a)	any public servant for the time being performing the duties of the public service office referred to in subsection (2);
	(b)	any other person appointed in writing by the chief executive for the purpose.
12A	Functions 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.
	(3)	A public health officer may also exercise any other function given to a public health officer by this Act or another Territory law.
13	Appointment of authorised medical officers
	(1)	There may be 1 or more authorised medical officers.
	(2)	The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of an authorised medical officer.
	(3)	Only a medical practitioner may perform the functions of an authorised medical officer.
	(4)	Subject to subsection (3), the following persons shall be authorised medical officers:
	(a)	any public servant for the time being performing the duties of the public service office referred to in subsection (2);
	(b)	any other person appointed in writing by the chief executive for the purpose.
14	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.
15	Appointment of analysts
	(1)	There may be 1 or more analysts for this Act.
	(2)	The chief executive must create and maintain 1 or more offices in the pubic service the duties of which include performing the functions of an analyst.
	(3)	The following people are analysts:
	(a)	a public servant for the time being performing the duties of the public service office mentioned in subsection (2);
	(b)	any other person appointed in writing by the chief executive for the purpose.
	(4)	A person may be appointed under this section as an analyst only if the chief executive has certified in writing that the person has satisfactorily completed adequate training to exercise the functions of an analyst under this Act or an authorised analyst under the Food Act 2001.
15A	Functions of analysts
	(1)	The chief health officer may, in writing, authorise an analyst appointed under section 15, or a person mentioned in the Drugs of Dependence Act 1989, section 183 (Analysts) or section 183A (Government analyst), to be an analyst for this Act or a provision of this Act.
	(2)	The chief health officer may, in writing, authorise an analyst appointed under section 15, or a person mentioned in the Drugs of Dependence Act 1989, section 183 or 183A, to be an authorised analyst for the Food Act 2001 or a provision of that Act.
	(3)	An analyst appointed under section 15 may also exercise any other function given to an analyst by this Act or another Territory law.
15B	Appointed analysts—appointment subject to conditions
	(1)	The appointment of a person as an analyst under section 15 (3) (b) may be—
	(a)	made subject to conditions; or
	(b)	amended by the chief executive 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 chief executive—
	(a)	on the chief executive’s own initiative or on the application of the person; and
	(b)	for a stated period or indefinitely.
15C	Appointed analysts—procedure for imposition etc of conditions on chief executive’s initiative
	(1)	If the chief executive proposes, on the chief executive’s own initiative, to take action under section 15B (1) (b) (Appointed analysts—appointment subject to conditions) to amend the person’s appointment to impose, amend or revoke a condition (the proposed action), the chief executive 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 chief executive 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.
15D	Appointed analysts—suspension or cancellation of appointment
	(1)	This section applies to a person appointed as an analyst under section 15 (3) (b) (Analysts).
	(2)	The chief executive 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 breached this Act, the Food Act 2001 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.
Note	The person’s appointment also ends if the person resigns (see Legislation Act 2001, s 210).
	(3)	Before suspending or cancelling the appointment, the chief executive must give the person a written notice—
	(a)	stating the grounds on which the chief executive proposes to take the proposed action; and
	(b)	stating the facts that, in the chief executive’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 chief executive about the matters in the notice.
	(4)	In deciding whether to suspend or cancel the appointment the chief executive must consider any response given to the chief executive under subsection (3) (d).
	(5)	If the chief executive is satisfied that grounds for taking action under this section have been established, the chief executive 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 chief executive must give the person written notice of the chief executive’s decision.
	(7)	The chief executive’s decision takes effect on the day that notice of the chief executive’s decision is given to the person or, if the notice states a later date of effect, that date.
16	Identity cards
	(1)	The chief executive shall 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 shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
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.
17	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 3	Public health risk activities and public health risk procedures
Division 3.1	General
18	Public health risk activities and procedures—declaration
	(1)	The Minister may, in writing, 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 1	A 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 2	A licence is not required to carry on a public health risk activity or procedure that is declared to be non-licensable.
Note 3	A 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.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
20	Compliance with codes of practice
	(1)	A person carrying on a public health risk activity shall 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 shall 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
21	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.
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, with or without modification, any matter contained in an instrument as in force or existing from time to time.
	(4)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
23	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.
Note 1 	A fee may determined under s 137 (Determination of fees) for this section.
Note 2 	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(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.
24	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).
25	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.
Note 1 	A fee may determined under s 137 (Determination of fees) for this section.
Note 2 	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(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.
29	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 shall—
	(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.
Note 1 	A fee may determined under s 137 (Determination of fees) for this section.
Note 2 	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(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.
30	Activity licence—grant or refusal
	(1)	Where an application for an activity licence has been made in accordance with section 29, the Minister shall, 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 shall 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 shall 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.
31	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.
Note  	If a form is approved under s 137A (Approved forms) for a licence, the form must be used.
32	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.
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.
Note  	A fee may determined under s 137 (Determination of fees) for this section.
	(3)	On application under this section, the Minister shall 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.
34	Activity licence—variation
	(1)	On application by the holder of an activity licence, the Minister shall, 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 shall 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 shall, 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.
35	Activity licence—return for endorsement of variation
	(1)	The holder of an activity licence that has been varied shall 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 shall endorse the variation on the licence and return it to the licensee.
36	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.
Note 1	A fee may determined under s 137 (Determination of fees) for this section.
Note 2	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(3)	The Minister may, by written notice, require the proposed transferee to provide specified further information in writing about the application.
37	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 shall, 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 shall 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 shall 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.
38	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.
39	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 shall 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 shall, 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 shall, 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.
40	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 shall—
	(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.
41	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.
42	Activity licence—return of defunct licences
The holder of an activity licence that has been suspended or cancelled shall 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.
42A	Licensable public health risk activities—false representation
	(1)	A person who is not the holder of an activity licence must not represent that he or she 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 he or she 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.
42B	Licensable 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
42C	Procedure 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.
42D	Exemption 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, with or without modification, any matter contained in an instrument as in force or existing from time to time.
	(4)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
42E	Procedure 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.
Note 1	A fee may determined under s 137 (Determination of fees) for this section.
Note 2	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(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.
42F	Alteration 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).
42G	Alteration 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.
Note 1	A fee may determined under s 137 (Determination of fees) for this section.
Note 2	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(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.
43	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.
Note 1	A fee may determined under s 137 (Determination of fees) for this section.
Note 2	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
44	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.
45	Procedure licence—grant or refusal
	(1)	Where an application for a procedure licence has been made in accordance with section 43, the Minister shall, by notice in writing to the applicant—
	(a)	grant the licence; or
	(b)	refuse to grant the licence.
	(2)	The Minister shall not refuse to grant a procedure licence unless he or she is 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 shall 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.
46	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.
Note	If a form is approved under s 137A (Approved forms) for a licence, the form must be used.
47	Procedure licence—annual fees
The holder of a procedure licence shall, 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.
48	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 shall not cancel a licence under subsection (3) unless, at least 1 month before doing so, he or she 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)	A reference in this section to a licence includes a reference to a licence that is under suspension under another section of this Act.
	(6)	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.
49	Procedure licence—variation
	(1)	On application by the holder of a procedure licence, the Minister shall, 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 shall 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 shall, 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.
50	Procedure licence—return for endorsement of variation
	(1)	The holder of a procedure licence that has been varied shall 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 shall endorse the variation on the licence and return it to the licensee.
51	Procedure licence—duration
A procedure licence remains in force, except while it is suspended, until it is surrendered or cancelled.
52	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.
53	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 shall 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 shall, 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 shall, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee of his or her 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.
54	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 shall—
	(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.
55	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.
56	Procedure licence—return of defunct licences
The holder of a procedure licence that has been suspended or cancelled shall 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.
56A	Licensable public health risk procedures—false representation
	(1)	A person who is not the holder of a procedure licence must not represent that he or she 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 he or she is accredited.
Maximum penalty:  30 penalty units.
56B	Procedure 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
56C	Registrable 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.
56D	Activity 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.
56E	Registered 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.
56F	Registration—application
	(1)	A person may apply to the Minister for registration to carry on a registrable public health risk activity.
Note 1	A fee may determined under s 137 (Determination of fees) for this section.
Note 2	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(2)	The Minister may, by written notice, require the applicant to provide stated additional information about the application.
56G	Registration—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.
56H	Registration—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.
Note	If a form is approved under s 137A (Approved forms) for a registration certificate, the form must be used.
56J	Registration—duration
Registration is granted for the period stated in the registration certificate, but may be renewed under section 56K.
56K	Registration—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.
Note	A fee may 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.
56L	Registration—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.
	(2)	The registered location of a location-specific registrable public health risk activity may not be changed by notice under this section.
	(3)	A registered person must give the Minister written notice of a change to the name or address of the owner or manager of the registered premises, or of the owner or manager of equipment associated with the carrying on of the registered activity, within 14 days after the registered person is first given notice of the change or otherwise becomes aware of it.
Maximum penalty:  5 penalty units.
	(4)	If the Minister receives written notice of a change of information in a registration certificate, the Minister must vary the registration certificate accordingly.
	(5)	The variation takes effect on the later of the following days:
	(a)	the day when the change happens;
	(b)	the day when the Minister was given written notice of the change.
56M	Registration—application for approval of transfer
	(1)	A registered person (except a person whose registration is suspended), and a person to whom it is proposed to transfer the registration, may jointly apply for approval of the transfer.
	(2)	The application must be accompanied by the registration certificate.
Note 1	A fee may determined under s 137 (Determination of fees) for this section.
Note 2	If a form is approved under s 137A (Approved forms) for an application, the form must be used.
	(3)	The Minister may, by written notice, require the proposed transferee to provide stated additional information about the application.
56N	Registration—grant or refusal of transfer
	(1)	If—
	(a)	a registered person, and a person to whom it is proposed to transfer the registration, jointly apply to the Minister under section 56M for approval of the transfer of the registration; and
	(b)	they comply with that section;
the Minister must approve the transfer unless subsection (2) or (3) applies.
	(2)	The Minister must refuse to approve the transfer if the proposed transferee, or a defined influential person in relation to the proposed transferee, 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 proposed transferee, or a defined influential person in relation to the proposed transferee, is not likely to recur.
	(3)	The Minister must refuse to approve the transfer if the registration of the proposed transferee, or of a defined influential person in relation to the proposed transferee, 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.
	(4)	The Minister must give written notice of the Minister’s decision on the application to the registered person and the proposed transferee.
	(5)	If the Minister approves the transfer of registration, the transfer takes effect on the day the proposed transferee is given written notice of the decision or, if a later date of effect is stated in the notice, the stated day.
	(6)	If the Minister approves the transfer of registration, the Minister may vary the registration period if the proposed transferee asks for it to be varied.
56P	Registration—notified suspension and cancellation
	(1)	The grounds for the suspension or cancellation under this section (the notified suspension or cancellation) of a registration are as follows:
	(a)	the obtaining of the registration by fraud or misrepresentation;
	(b)	the contravention of this Act or a corresponding public health risk law by the registered person or any defined influential person in relation to the registered person.
	(2)	This section applies if the Minister believes on reasonable grounds that—
	(a)	there is a ground for notified suspension or cancellation of a registration; and
	(b)	it is desirable in the interests of public health to suspend or cancel the registration (the proposed action).
	(3)	The Minister must give written notice to the registered person that—
	(a)	states the proposed action, including any proposed suspension period; and
	(b)	states the ground for the proposed action; and
	(c)	states the facts and circumstances that, in the Minister’s opinion, constitute the ground; and
	(d)	invites the person to make written representations, within a stated period of at least 28 days after the person is given the notice, why the proposed action should not be taken.
	(4)	If, after considering any written representations made by the registered person within the stated period, the Minister is satisfied on reasonable grounds that a ground exists for notified suspension or cancellation of the registration, the Minister may—
	(a)	if the proposed action was to cancel the registration—either cancel the registration or suspend the registration for not longer than 1 year; or
	(b)	if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period.
	(5)	The Minister must tell the registered person in writing of the decision.
	(6)	If the Minister decides to cancel or suspend the registration, the Minister must also tell the person in writing when the cancellation or suspension takes effect.
	(7)	The cancellation or suspension must not take effect earlier than the day when the registered person is told about the decision.
56Q	Registration—automatic suspension (prohibition notice)
	(1)	Registration is automatically suspended if the registered activity is prohibited by a prohibition notice under section 61 (4) (a).
	(2)	The suspension takes effect—
	(a)	at the end of the period (if any) stated in the prohibition notice under section 61 (5) (f); or
	(b)	if no period is specified—when the prohibition notice is given.
	(3)	The suspension ceases when the prohibition notice is revoked.
56R	Registration—return of suspended or cancelled certificates
A person whose registration is suspended or cancelled must not, without reasonable excuse, fail to return the registration certificate to the Minister within 7 days after the date of effect of the suspension or cancellation.
Maximum penalty:  5 penalty units.
56S	Registration—surrender
	(1)	A registered person may surrender registration by returning the registration certificate to the Minister with a signed notice stating that the registration is surrendered.
	(2)	A registered person may surrender registration while the registration is suspended.
56T	Registration—false representation
	(1)	A person other than a registered person must not represent that he or she is a registered person.
Maximum penalty:  30 penalty units.
	(2)	A person whose registration is suspended must not represent that he or she is registered without disclosing that the registration is suspended.
Maximum penalty:  30 penalty units.
56U	Registration—inspection
A registered person must ensure that—
	(a)	the registration certificate is available for inspection by an authorised officer, at any reasonable time, at premises where the registered activity is carried on; and
	(b)	any records associated with the registration or conduct of the registered activity are available for inspection by an authorised officer, at any reasonable time, at premises where the activity is carried on.
Maximum penalty:  5 penalty units.
Division 3.5	Registration of specialised systems
56V	Definitions for div 3.5
In this division:
applicable standard means Australia Standard/New Zealand Standard AS/NZS 3666, as varied from time to time.
commencement day means the day the Public Health (Miscellaneous Provisions) Act 1997, part 2 commences.
registration, in relation to the operation of a specialised system for which a system licence was granted under the unamended Building Act, means registration to carry on the registered public health risk activity of operating a specialised system at premises or locations authorised by the licence.
specialised system—see section 56W.
system licence means a licence to operate a specialised system issued under the unamended Building Act, section 42D.
transitional licensee—see section 56Y (1).
unamended Building Act means the Building Act 1972 as in force from time to time before the commencement day.
56W	Meaning of specialised system
	(1)	In this division:
specialised system means—
	(a)	a water system within the meaning of the applicable standard, in which the temperature of the water at the point of outlet is not lower than 30° C and not higher than 55° C; or
	(b)	a mechanical ventilation system, including—
	(i)	an air-handling system within the meaning of the applicable standard; and
	(ii)	a condenser within the meaning of the applicable standard; and
	(iii)	a cooling tower within the meaning of the applicable standard.
	(2)	However, specialised system does not include any of the following:
	(a)	a swimming pool;
	(b)	a spa pool;
	(c)	a hydrotherapy pool.
56X	Specialised systems—registrable public health risk activity
	(1)	The operation of a specialised system is, on and after the commencement day, taken to have been declared to be a
location-specific registrable public health risk activity.
	(2)	Subsection (1) does not apply to a specialised system that, immediately before the commencement day, was exempt under section 42A (a), or the unamended Building Act, part 3A, division 5, from the operation of that part.
	(3)	On or after the commencement day, the Minister may revoke an exemption under the unamended Building Act, part 3A, division 5, by written notice to the person to whom the exemption was granted if the Minister considers that the revocation is desirable in the interests of public health.
	(4)	The Minister must make an entry in the activities register recording that under this section, on and after the commencement day, the operation of a specialised system is taken to have been declared to be a location-specific registrable public health risk activity.
56Y	System licences—registration
	(1)	If a person (a transitional licensee) held a system licence under the unamended Building Act immediately before the commencement day, the person is, on and after that day, taken to be registered until the day on which the system licence would have otherwise expired under the unamended Building Act.
	(2)	A system licence granted to a transitional licensee has effect under this Act as a registration certificate (even if not all the information required by section 56H to be included in a registration certificate is stated in the licence).
	(3)	On and after the commencement day, a transitional licensee is not required to comply with the conditions (if any) subject to which the licensee’s system licence was granted. 
	(4)	As soon as practicable after the commencement day, the Minister must enter on the registered people register, for each transitional licensee—
	(a)	the information mentioned in section 56H for the licensee; and
	(b)	if the transitional licensee’s system licence was suspended immediately before the commencement day—the date of suspension, a brief indication of the reasons for suspension and the date (if known) when the suspension is to be lifted.
56Z	System licences—transitional applications
If, immediately before the commencement day, an application had been made under the unamended Building Act, section 42C for a system licence but no decision had been made about the application, the application is taken to be an application for registration under section 56F.
56ZA	System licences—transitional renewals
If, immediately before the commencement day, an application had been made under the unamended Building Act, section 42F for the renewal of a system licence but no decision had been made about the application, the application is to taken to have been made under section 56K for a renewal of registration.
56ZB	System licences—transitional transfers
If, immediately before the commencement day, an application had been made under the unamended Building Act, section 42G for the transfer of a system licence but no decision had been made about the application, the application is taken to have been made under section 56M for approval of transfer of registration.
56ZC	System licences—transitional suspension
	(1)	If a system licence was suspended under the unamended Building Act immediately before the commencement day, this division applies to the licence and the licensee as if—
	(a)	the licence were held by the licensee immediately before the commencement day; and
	(b)	the licensee were a transitional licensee.
	(2)	If, before the commencement day, the building controller had, under the unamended Building Act, section 42J (1), given a notice to a transitional licensee requiring the licensee to show cause why the licence should not be suspended, but no decision had been made about the intended suspension—
	(a)	the notice is taken to have been given to the licensee, under section 56P (3) of this Act in relation to the intended suspension of the registration of the licensee, on the date when the notice was given under the unamended Building Act, section 42J (1); and
	(b)	if an extension of the notice period had been granted under the unamended Building Act, section 42J (4)—the 28 day period mentioned in section 56P (4) of this Act is taken to have been extended accordingly; and
	(c)	after the end of 28 days after notice of intended suspension is given, or of the extended period (if any) mentioned in paragraph (b), the Minister may suspend the registration of the transitional licensee, after considering any written response from the licensee, if the Minister is satisfied on reasonable grounds that—
	(i)	there is a ground for suspension of the licence under the unamended Building Act, section 42J (1); and
	(ii)	that ground is mentioned in the notice given under the unamended Building Act, section 42J (1); and
	(iii)	suspension is desirable in the interests of public health.
	(3)	A suspension mentioned in subsection (1) or (2) remains in force under this Act as a suspension of the transitional licensee’s registration—
	(a)	if the suspension is on a ground mentioned in the unamended Building Act, section 42J (1) (a), (b) or (c)—until the Minister gives written notice to the licensee that the Minister has reasonable grounds for believing that the ground for suspension of the licence no longer exists; or
	(b)	in any other case—for the period decided by the Minister having regard to the interests of public health.
	(4)	The Minister must give written notice of a decision made under subsection (3) (b) to the relevant transitional licensee.
56ZD	Expiry of div 3.5
This division expires on 1 July 2005.
Division 3.6	Improvement notices
57	Improvement notice—compliance
A person to whom an improvement notice is issued shall not, without reasonable excuse, fail to comply with the notice.
Maximum penalty:
	(a)	for a person who is not a utility—100 penalty units; or
	(b)	for a utility—2 000 penalty units.
58	Improvement notice—issue
	(1)	This section applies where an authorised officer has reasonable grounds for believing that a person who is carrying on a public health risk activity or performing a public health risk procedure is contravening or likely to contravene this Act.
	(2)	Where this section applies, the authorised officer may issue an improvement notice to the person carrying on the activity or performing the procedure, as the case may be.
	(3)	If the person carrying on a public health risk activity to whom an improvement notice is issued is not in charge of the premises where that activity is carried on, the authorised officer shall give a copy of a notice under subsection (2) to the person in charge of those premises.
	(4)	An improvement notice shall specify the following matters:
	(a)	the contravention that the authorised officer believes is occurring or is likely to occur and the reasons for that belief;
	(b)	a period or periods within which the person to whom the notice is given is required to rectify the matters or activities to which the notice relates.
	(5)	An improvement notice may specify action that the person to whom the notice is given is to take in order to comply with the notice. 
	(6)	An improvement notice continues in force until revoked in accordance with section 60.
59	Improvement notice—extension of compliance period
	(1)	Before the end of a compliance period specified in an improvement notice under section 58 (4) (b), an authorised officer may extend the period.
	(2)	An extension—
	(a)	may be given on the application of the person to whom the improvement notice was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the notice was issued.
	(3)	If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
60	Improvement notice—revocation
	(1)	An authorised officer shall revoke an improvement notice if satisfied, after carrying out an appropriate inspection, that the notice has been complied with.
	(2)	A revocation—
	(a)	may be issued on the application of the person to whom the notice was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the notice was issued.
	(3)	An application for revocation shall—
	(a)	be made in writing; and 
	(b)	be addressed to the authorised officer who issued the notice; and
	(c)	specify the action taken to comply with the notice by the person to whom it was issued; and
	(d)	nominate a date on or after which an inspection may be made.
Note  	A fee may determined under s 137 (Determination of fees) for this section.
	(4)	If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
Division 3.7	Prohibition notices
61	Prohibition notice—issue
	(1)	This section applies where an authorised officer has reasonable grounds for believing that imminent serious risk to public health is being caused by, or is likely to be caused by—
	(a)	the manner in which a public health risk activity is being carried on, or a public health risk procedure is being performed; or
	(b)	the use being made of premises on which a public health risk activity is carried on; or
	(c)	the state or condition of premises on which a public health risk activity is carried on.
	(2)	Where this section applies to a public health risk activity or a public health risk procedure, the authorised officer may issue a prohibition notice to the person carrying on the activity or performing the procedure.
	(3)	If the person carrying on a public health risk activity, or performing a public health risk procedure, to which a prohibition notice relates is not in charge of the premises where that activity or procedure is carried on or performed, the authorised officer shall give a copy of a notice under subsection (2) to the person in charge of those premises.
	(4)	A prohibition notice may prohibit the person to whom it is issued from undertaking, or permitting, any or all of the following actions in relation to a public health risk activity or a public health risk procedure:
	(a)	the carrying on of the activity or the performance of the procedure;
	(b)	the carrying on of the activity or the performance of the procedure except in accordance with specified directions;
	(c)	the use of specified premises for the activity or procedure.
	(5)	Without limiting the generality of subsection (4), a prohibition notice may include any or all of the following directions in relation to a public health risk activity or a public health risk procedure:
	(a)	directions that the activity or procedure, or a specified aspect of the activity or procedure, is only to be carried on or performed in a part of specified premises (or is not to be carried on or performed in a part of such premises);
	(b)	directions that any substance, compound or article is, or is not, to be used in connection with the activity or procedure; 
	(c)	directions that the activity or procedure be carried on or performed in a specified manner;
	(d)	directions for the impounding or isolation of any appliance; 
	(e)	directions for the destruction or disposal, in a manner specified in the notice, of any appliance;
	(f)	directions specifying a period within which the person to whom the notice is given is to comply with any direction.
	(6)	A prohibition notice continues in force until revoked in accordance with section 65.
62	Prohibition notice—extension of compliance period
	(1)	Before the end of a compliance period specified in a prohibition notice under section 61 (5) (f), an authorised officer may extend the period.
	(2)	An extension—
	(a)	may be given on the application of the person to whom the prohibition notice was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the notice was issued.
	(3)	If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
63	Prohibition notice—display
	(1)	A person to whom a prohibition notice has been issued shall cause a copy of that notice to be displayed, and to be kept displayed, so as to be readily visible to persons entering each premises specified in the notice by way of any public entrance to those premises. 
	(2)	A person shall not, without reasonable excuse, contravene subsection (1).
Maximum penalty (subsection (2)):  10 penalty units.
64	Prohibition notice—implementation
	(1)	An authorised officer may, subject to this section, do whatever he or she has reasonable grounds for believing to be necessary to implement a prohibition notice—
	(a)	after the expiration of any compliance period specified under section 61 (5) (f) (as extended, if at all, under section 62); or
	(b)	if no such period is specified—after the expiration of a period the officer has reasonable grounds for considering sufficient for compliance with any positive direction in the notice, and in the interests of public health. 
	(2)	For the purpose of implementing a prohibition notice under subsection (1), an authorised officer may, using such reasonable force and assistance as is necessary— 
	(a)	enter a place to which the notice relates at any reasonable time; or
	(b)	enter a place to which the notice relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry. 
	(3)	An authorised officer who enters a place pursuant to subsection (2) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce his or her identity card, and, unless the authorised officer is the chief health officer, his or her authorisation, to the occupier.
	(4)	Any costs or expenses incurred by the Territory in implementing, or attempting to implement, a prohibition notice under this section are a debt due to the Territory by the person to whom the notice was issued.
65	Prohibition notice—revocation
	(1)	An authorised officer shall revoke a prohibition notice if satisfied, after carrying out an appropriate inspection—
	(a)	that the notice has been complied with; and
	(b)	that adequate measures have been taken to prevent or remove the serious risk to public health that gave rise to the issue of the notice.
	(2)	A revocation—
	(a)	may be issued on the application of the person to whom the notice was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the notice was issued.
	(3)	An application for revocation shall—
	(a)	be made in writing; and
	(b)	be addressed to the authorised officer who issued the notice; and
	(c)	specify the action taken to comply with the notice by the person to whom it was issued; and
	(d)	nominate a date on or after which an inspection may be made.
Note	A fee may determined under s 137 (Determination of fees) for this section.
	(4)	If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
66	Prohibition orders
	(1)	The chief health officer may apply to the Magistrates Court for an order that a person to whom a prohibition notice has been issued comply with the notice.
	(2)	For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged risk to public health.
	(3)	On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, if satisfied that the action or inaction of the person to whom the prohibition notice was issued has given rise to a serious and imminent risk to public health, the court may make any of the following orders in relation to the person:
	(a)	that the person comply with the notice within a period (if any) specified in the order;
	(b)	that in order to prevent or alleviate the relevant public health risk, the person comply with any specified requirement in addition to any specified in the notice within a period (if any) specified in the order;
	(c)	an order that the person pay the Territory an amount equal to no more than—
	(i)	for an individual (other than a utility)—$10 000; or
	(ii)	for a corporation (other than a utility)—$50 000; or
	(iii)	for a utility who is an individual—$200 000; or
	(iv)	for a utility that is a corporation—$1 000 000.
	(d)	an order giving directions about the payment of all or any of the costs and expenses of the application.
	(4)	A person shall comply with an order under subsection (3) (a) or (b).
Maximum penalty:
	(a)	for a person who is not a utility—100 penalty units, imprisonment for 1 year or both; or
	(b)	for a utility—2,000 penalty units, imprisonment for 1 year or both.
	(5)	For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order—
	(a)	after the expiration of any compliance period specified in the order; or
	(b)	if no such period is specified—after the expiration of a period the officer has reasonable grounds for considering sufficient for compliance with any positive direction in the order, and in the interests of public health.
	(6)	Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued.
	(7)	The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied—
	(a)	that the order has been complied with; and
	(b)	that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order.  

Part 4	Insanitary conditions
    
67	Offence—insanitary conditions
A person shall not—
	(a)	cause a condition, state or activity that the person has reasonable grounds for believing to be an insanitary condition; or
	(b)	allow or suffer a condition, state or activity that the person has reasonable grounds for believing to be an insanitary condition to exist on, or to emanate from, a place occupied by that person.
Maximum penalty:  50 penalty units.
68	Complaints about insanitary conditions
	(1)	A person may give a written complaint to an authorised officer alleging the existence of an insanitary condition.
	(2)	An authorised officer shall investigate a complaint given under subsection (1).
	(3)	If, upon investigation, an authorised officer decides not to issue an abatement notice in relation to the alleged insanitary condition, the officer shall give a written notice of that decision to the complainant, informing him or her in addition about any available methods for settling the matter privately. 
69	Abatement notices—issue
	(1)	If an authorised officer has reasonable grounds for believing that an insanitary condition exists, he or she may issue an abatement notice to—
	(a)	the person causing the condition; or
	(b)	if that person cannot be identified—the person who occupies the place at which the condition exists, or from which it emanates.
	(2)	In determining whether to issue an abatement notice in relation to a condition, state or activity, an authorised officer—
	(a)	shall have regard to the number of persons affected, or potentially affected, by the condition, state or activity; and
	(b)	shall have regard to the degree, or potential degree, of public health risk, damage to public health or offensiveness to community health standards resulting from the condition, state or activity; and
	(c)	may have regard to any reasonable precautions that a person causing the relevant condition, state or activity has or has not taken to avoid or minimise the adverse effect, or the potential adverse effect, of the condition, state or activity; and
	(d)	may have regard to any reasonable precautions that a person adversely affected, or potentially adversely affected, by the relevant condition, state or activity has or has not taken to avoid or minimise the effect, or potential effect, of the condition, state or activity on his or her health or on the health of any other person for whose care, support or education the person is responsible.
	(3)	An abatement notice—
	(a)	shall specify the insanitary condition which is required to be abated; and
	(b)	shall specify the period within which the insanitary condition is to be abated; and
	(c)	may specify steps to be taken to prevent the recurrence of the insanitary condition and the period or periods within which they are to be undertaken.
	(4)	An abatement notice continues in force until revoked in accordance with section 72.
70	Abatement notice—extension of compliance period
	(1)	Before the end of a compliance period specified in an abatement notice under section 69 (3) (b) or (c), an authorised officer may extend the period.
	(2)	An extension—
	(a)	may be given on the application of the person to whom the abatement notice was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the notice was issued.
	(3)	If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
71	Abatement notice—implementation
	(1)	An authorised officer may, subject to this section, do whatever he or she has reasonable grounds for believing to be necessary to implement an abatement notice after the expiration of the compliance period specified under section 69 (3) (b) (as extended, if at all, under section 70).
	(2)	An authorised officer shall only implement an abatement notice under subsection (1) if he or she has reasonable grounds for believing that it is necessary to do so to avert an imminent and serious risk to public health.
	(3)	For the purpose of implementing an abatement notice under subsection (1), an authorised officer may, using such reasonable force and assistance as is necessary— 
	(a)	enter a place to which the notice relates at any reasonable time; or
	(b)	enter a place to which the notice relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry. 
	(4)	An authorised officer who enters a place pursuant to subsection (3) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce his or her identity card, and, unless the authorised officer is the chief health officer, his or her authorisation, to the occupier.
	(5)	Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an abatement notice under this section are a debt due to the Territory by the person to whom the notice was issued.
72	Abatement notice—revocation
	(1)	An authorised officer shall revoke an abatement notice if satisfied, after carrying out an appropriate inspection—
	(a)	that the notice has been complied with; and
	(b)	that adequate measures have been taken to prevent the recurrence of the relevant insanitary condition.
	(2)	A revocation—
	(a)	may be issued on the application of the person to whom the notice was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the notice was issued.
	(3) 	An application for revocation shall—
	(a)	be made in writing; and
	(b)	be addressed to the authorised officer who issued the notice; and
	(c)	specify the action taken to comply with the notice by the person to whom it was issued, and any further measures taken to prevent the recurrence of the relevant insanitary condition; and
	(d)	nominate a date on or after which an inspection may be made.
Note	A fee may determined under s 137 (Determination of fees) for this section.
	(4)	If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
73	Abatement orders
	(1)	The chief health officer may apply to the Magistrates Court for an order that a person to whom an abatement notice has been issued—
	(a)	comply with the notice; or
	(b)	if the insanitary condition has been removed, but is likely to recur—undertake specified action to prevent the recurrence of the insanitary condition, or to cease or refrain from undertaking any specified action.
	(2)	For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged insanitary condition.
	(3) 	On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the abatement notice was issued:
	(a)	that the person comply with the notice within a period specified in the order;
	(b)	that in order to prevent the recurrence of the insanitary condition, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period specified in the order;
	(c)	an order that the person pay the Territory an amount equal to no more than—
	(i)	for an individual (other than a utility)—$5 000; or
	(ii)	for a corporation (other than a utility)—$25 000; or
	(iii)	for a utility who is an individual—$100 000; or
	(iv)	for a utility that is a corporation—$500 000.
	(d)	an order giving directions about the payment of all or any of the costs and expenses of the application.
	(4)	A person shall comply with an order under subsection (3) (a) or (b).
Maximum penalty:
	(a)	for a person who is not a utility—100 penalty units; or
	(b)	for a utility—2 000 penalty units.
	(5)	For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, after the expiration of the compliance period specified in the order, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order.
	(6)	Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued.
	(7)	The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied—
	(a)	that the order has been complied with; and
	(b)	that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order.
74	Joint and several responsibility for insanitary conditions
	(1)	This section applies where—
	(a)	an authorised officer has reasonable grounds for believing that an insanitary condition exists; and
	(b)	either—
	(i)	there are reasonable grounds for believing that 2 or more persons have caused the condition; or
	(ii)	if the person or persons causing the condition cannot be identified—2 or more persons occupy the place at which the condition exists, or from which the condition emanates.
	(2)	Each of the persons to whom this section applies—
	(a)	may be issued with an abatement notice in relation to the insanitary condition; and
	(b)	may be the subject of a joint abatement order under section 73 in relation to the insanitary condition; and
	(c)	is jointly and severally liable in relation to any such order; and
	(d)	is jointly and severally liable for any costs or expenses referred to in section 73 (6) in relation to the implementation, or the attempted implementation, of any such order. 

Part 5	Inspection and analysis
Division 5.1	Preliminary
75	Interpretation for pt 5
	(1)	For the purposes of this part, a thing is connected with a particular offence if—
	(a)	the offence has been committed with respect to it; or
	(b)	it will afford evidence of the commission of the offence; or
	(c)	it was used, or is intended to be used, for the purpose of committing the offence.
	(2)	A reference in this part to an offence is to be read as including a reference to—
	(a)	an offence that there are reasonable grounds for believing is being or has been committed; and
	(b)	a contravention of this Act by or on behalf of the Territory that there are reasonable grounds for believing is being or has been committed. 
	(3)	Where an authorised officer enters a place in accordance with this part, a reference to the occupier of the place includes a reference to a person the authorised officer has reasonable grounds for believing to be an occupier of the place within the meaning of the definition of occupier in the dictionary.
Division 5.2	Authorised officers’ powers
76	Entry
	(1)	Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, he or she may, using such reasonable force and assistance as is necessary—
	(a)	if the officer has reasonable grounds for believing a public health risk activity to be carried on, or a public health risk procedure to be performed, at any place—
	(i)	enter the place at any reasonable time; or
	(ii)	enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81;
	(b)	in the case of any other place, except a place used, or used in part, for residential purposes—
	(i)	enter the place at any reasonable time; or
	(ii)	enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81; or
	(c)	in the case of a place used, or used in part, for residential purposes, except a place referred to in paragraph (a)—enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81.
	(2)	Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, he or she may, using such reasonable force and assistance as is necessary—
	(a)	enter any place at any reasonable time if the officer has reasonable grounds for believing that entry is necessary to deal with a serious public health risk; or
	(b)	enter any place at any time if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require immediate entry to the place without the authority of a warrant.
	(3)	An authorised officer who enters a place pursuant to subsection (1) or (2) is not entitled to remain at the place if, on request by the occupier, the authorised officer does not produce his or her identity card, and, unless the authorised officer is the chief health officer, his or her authorisation, to the occupier.
77	Consent to entry
	(1)	Before obtaining the consent of a person for the purposes of section 76 (1), an authorised officer shall—
	(a)	produce his or her identity card; and
	(b)	produce his or her authorisation, unless the authorised officer is the chief health officer; and
	(c)	inform that person that he or she may refuse to give consent.
	(2)	Where an authorised officer obtains the consent of a person for the purposes of section 76 (1), the authorised officer shall ask the person to sign a written acknowledgment—
	(a)	of the fact that the person has been informed that he or she may refuse to give consent; and 
	(b)	of the fact that the person has voluntarily given consent; and
	(c)	of the day on which, and the time at which, that consent was given.
	(3)	Where it is material in any proceedings for a court to be satisfied of the voluntary consent of a person for the purposes of section 76 (1) and an acknowledgment, in accordance with subsection (2) of this section, signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not voluntarily give such consent.
78	Powers upon entry
Subject to this Act, where an authorised officer enters any place in accordance with this Act, he or she may, if he or she considers it to be necessary or desirable for the purposes of this Act—
	(a)	inspect, examine, take measurements in relation to, or conduct tests concerning, the place or any system of work, plant, substance or thing at the place; and
	(b)	inspect and test, or remove for testing, any container, equipment or appliance at the place; and
	(c)	inspect and test, or remove for testing, any material or substance; and
	(d)	open or require a person to open any container or package, and examine the container or package; and
	(e)	take photographs or make video or sound recordings or films; and
	(f)	seize anything (including records, documents, packaging material, labels or labelling material and material used in connection with advertising) that the authorised officer has reasonable grounds for believing to be connected with an offence against this Act; and
	(g)	require the occupier to make available to the authorised officer any record, document, labelling or advertising material; and
	(h)	where information required for the purposes of the inspection is stored on computer or other electronic equipment—require the occupier to produce the information in a visible or audible form; and
	(i)	inspect, make copies of and take extracts from any record, document or information, being information referred to in paragraph (h); and
	(j)	require the occupier to provide information or answer questions reasonably related to the effect of the use of the place on public health; and
	(k)	require the occupier to render such assistance to the authorised officer as is necessary and reasonable to enable the authorised officer to exercise his or her powers under this section; and
	(l)	stop, detain and inspect any vehicle, vessel or aircraft that the authorised officer has reasonable grounds for believing to have in or upon it anything connected with an offence against this Act.
79	Power to require name and address
	(1)	An authorised officer may require a person to state the person’s name and address where the officer—
	(a)	finds a person committing an offence against this Act; or
	(b)	has reasonable grounds for believing that a person has committed an offence against this Act.
	(2)	In exercising a power under subsection (1), an authorised officer shall—
	(a)	inform the person of the reasons for the requirement; and
	(b)	as soon as practicable thereafter, record those reasons.
	(3)	A person is not required to comply with a requirement under subsection (2) if, on request by the person, the authorised officer does not produce his or her identity card and, unless the authorised officer is the chief health officer, his or her authorisation.
	(4)	Subject to this section, a person shall not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Maximum penalty (subsection (4)):  5 penalty units.
80	Search warrants
	(1)	Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, at any place, a thing of a particular kind connected with a particular offence against this Act and the information sets out those grounds, the magistrate may issue a search warrant authorising an authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(a)	to enter the place; and
	(b)	to search the place for things of that kind; and
	(c)	to exercise any of the powers referred to in section 78 in relation to such a thing.
	(2)	A magistrate shall not issue a warrant under subsection (1) unless—
	(a)	the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(3)	A warrant shall—
	(a)	state the purpose for which it is issued; and
	(b)	specify the nature of the offence in relation to which the entry, search and exercise of the powers under section 78 are authorised; and
	(c)	specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and
	(d)	include a description of the kinds of things in relation to which the powers under section 78 may be exercised; and
	(e)	specify a day, not being later than 1 month after the date of issue of the warrant, on which the warrant is to cease to have effect.
81	Warrants by telephone or other electronic means
	(1)	An authorised officer may make an application to a magistrate for a warrant by telephone, telex, fax or other electronic means—
	(a)	in an urgent case; or
	(b)	if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
	(2)	The magistrate may require communication by voice to the extent that is practicable in the circumstances.
	(3)	An application under this section shall include all information required to be provided in an application for a warrant under section 80, but the application may, if necessary, be made before the information is sworn.
	(4)	If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate required, is satisfied that—
	(a)	a warrant in the terms of the application should be issued urgently; or
	(b)	the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;
the magistrate may complete and sign the same form of warrant that would be issued under section 80.
	(5)	If the magistrate decides to issue the warrant, the magistrate shall inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
	(6)	The applicant shall then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed.
	(7)	The applicant shall, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.
	(8)	The magistrate shall attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.
	(9)	If—
	(a)	it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and
	(b)	the form of warrant signed by the magistrate is not produced in evidence;
the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.
82	Obstruction of authorised officers
	(1)	A person shall not, without reasonable excuse, hinder or obstruct an authorised officer in the performance of the officer’s functions for the purposes of this Act.
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 shall not, without reasonable excuse, contravene a requirement made of him or her by an authorised officer in the exercise of the officer’s powers under section 78.
Maximum penalty:
	(a)	for a person who is not a utility—50 penalty units; or
	(b)	for a utility—2 000 penalty units.
Note	The Legislation Act 2001, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
83	False information
A person shall not knowingly or recklessly provide information that is false in a material particular to an authorised officer pursuant to a requirement under section 78 or section 79 (1).
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 5.3	Seizure
84	Seizure notices
	(1)	An authorised officer who seizes anything under this part shall, as soon as practicable, give a seizure notice to—
	(a)	the owner of the thing seized; or
	(b)	if the owner is not present or readily available—the person who had possession, custody or control of the thing immediately before its seizure.
	(2)	A seizure notice shall specify—
	(a)	the thing seized, including the relevant quantity (if applicable); and
	(b)	the date and place of seizure; and
	(c)	the location of the thing seized; and
	(d)	the reasons for the seizure; and
	(e)	the procedure provided for by this Act for obtaining relief against the seizure; and
	(f)	the name, address and telephone number of an authorised officer who may be contacted in relation to the seizure.
85	Storage of things seized in situ
	(1)	Anything seized by an authorised officer under this part may, at the option of the officer, be detained at the place where it was found and for that purpose it may—
	(a)	be placed in a room, compartment, cabinet or an enclosed area; and
	(b)	be secured against interference; and
	(c)	be identified in a manner that makes it clear that the thing has been seized for the purposes of this Act.
	(2)	Where, in accordance with subsection (1), a thing has been detained at a place, the authorised officer responsible shall, as soon as practicable, give the occupier of the place a notice in writing specifying—
	(a)	the thing detained, including the relevant quantity (if applicable); and
	(b)	the manner and circumstances in which the thing has been detained; and
	(c)	the expected period of such detention; and
	(d)	the liability of the occupier in respect of an offence under section 86 (2); and
	(e)	the name, address and telephone number of an authorised officer who may be contacted in relation to the detention.
86	Interference with seized things
	(1)	Where an authorised officer has seized a thing under this part and detained it at a place pursuant to section 85, a person shall not, without the permission of the officer, remove, break, open or interfere with the thing.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the place where the offence was committed is guilty of an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	It is a defence to a prosecution for breach of subsection (2) if the defendant establishes that he or she—
	(a)	had taken all reasonable steps to prevent the breach of subsection (1); or
	(b)	had reasonable grounds for believing that another person had taken, or would take, all reasonable steps to prevent that breach.
87	Access to seized records
Where a record or document is seized under this part, the authorised officer shall permit the person otherwise entitled to possession of it, or his or her agent, to inspect, make copies of or take extracts from the record or document.
88	Return of seized things
	(1)	This section applies where, after a thing has been seized under this part—
	(a)	at the expiration of the period of 3 months after the seizure of the thing, no proceedings have been commenced in relation to any alleged offence against this Act in respect of the thing; or
	(b)	if such proceedings were commenced within that period—the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or
	(c)	the Minister becomes satisfied at any time that no contravention of this Act has been committed in respect of the thing.
	(2)	Where this section applies, and the thing seized has not been destroyed or disposed of in a manner that would prevent its being dealt with under this subsection, the Minister shall cause the thing to be delivered to—
	(a)	the person from whom it was seized; or
	(b)	any other person the Minister believes to be entitled to it.
	(3)	Where anything is delivered under subsection (2) after being forfeited to the Territory under section 90, the forfeiture is not to be taken to have affected any proprietary or any other interests in the thing existing before the forfeiture.
89	Court orders for relief against seizure
	(1)	A person claiming to be entitled to anything seized under this part may apply to a court of competent jurisdiction for an order disallowing the seizure within 10 days after the seizure.
	(2)	An application under subsection (1) shall be made in accordance with the relevant rules of court and shall not be heard unless the applicant has served a copy of the application on the authorised officer responsible for the relevant seizure.
	(3)	The authorised officer responsible for the relevant seizure is entitled to appear as respondent at the hearing of an application.
	(4)	If, on the hearing of an application, it appears to the court that the thing seized is required to be produced in evidence in any pending proceedings in connection with an offence against this Act, the court may, on the application of the respondent, or on its own motion, adjourn the hearing until the conclusion of those proceedings.
	(5)	On the hearing of an application, the court may make an order disallowing the seizure—
	(a)	if—
	(i)	it is proved that the applicant would, but for the seizure, be entitled to the return of the thing seized; and
	(ii)	it is not proved beyond reasonable doubt that an offence was being or had been, at the time of the seizure, committed, being an offence with which the thing is connected; or
	(b)	if there are exceptional circumstances justifying the making of an order disallowing the seizure.
	(6)	If the court makes an order disallowing a seizure, the court may make any or all of the following ancillary orders: 
	(a)	an order directing the respondent to cause the thing to be delivered to the applicant or to such other person as appears to the court to be entitled to it;
	(b)	if the thing cannot for any reason be so delivered or the thing has in consequence of the seizure depreciated in value—an order directing the Territory to pay to the applicant just and reasonable compensation;
	(c)	if the applicant has sustained financial loss by reason of the seizure—an order directing the Territory to pay the applicant just and reasonable compensation;
	(d)	an order giving directions about the payment of all or any of the costs and expenses of the application. 
90	Forfeiture
	(1)	This section applies where—
	(a)	anything seized under this part has not been dealt with in accordance with section 88 (2); and
	(b)	an application for disallowance of the seizure under section 89 (1)—
	(i)	has not been made within 10 days after seizure; or
	(ii)	has been made within that period, but the application has been refused or has been withdrawn before a decision in respect of the application had been made.
	(2)	Where this section applies to a thing—
	(a)	the thing is forfeited to the Territory; and
	(b)	the thing may be destroyed, sold or otherwise disposed of in accordance with the Minister’s general or specific direction.
91	Cost of destruction or disposal of things forfeited
	(1)	This section applies where—
	(a)	a person is convicted of an offence against this Act in respect of anything forfeited to the Territory under this part; and
	(b)	that person was the owner of the thing immediately before it was forfeited.
	(2)	Where this section applies, any cost incurred by or on behalf of the Territory in connection with the lawful destruction or disposal of the thing is a debt due to the Territory by that person.
	(3)	Where a debt under subsection (2) is due by 2 or more persons, the liability of those persons is joint and several.
92	Destruction of contaminated items
An authorised officer may, notwithstanding any provision to the contrary in this part, cause a thing that has been seized under this part to be destroyed if the officer has reasonable grounds for believing that the thing is so contaminated, or the condition of the thing is such, that its continued use would give rise to a serious public health risk.
Division 5.4	Analysis
93	Analyst’s power of entry
	(1)	An analyst may accompany an authorised officer who has entered a place under this Act in order to conduct such tests as are necessary to determine whether a contravention of this Act has occurred.
	(2)	A person shall not, without reasonable excuse, obstruct or hinder an analyst in the exercise of his or her powers under subsection (1).
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.
	(3)	An analyst who enters a place under subsection (1) is not authorised to remain at the place if, on request by the occupier, the analyst does not produce his or her identity card.
94	Notice of taking of sample
Where an authorised officer takes a sample under this part with the intention that it be submitted for analysis, the officer shall, before or as soon as practicable after taking the sample, give notice of his or her intention to have the sample analysed to—
	(a)	the owner of the matter comprised in the sample; or
	(b)	if the owner is not present or readily available—
	(i)	if the sample is associated with the carrying on of a public health risk activity, or the performance of a public health risk procedure—the person carrying on the activity, or performing the procedure, or another person acting with the authority of either of those persons; or
	(ii)	the person from whom the sample was taken or the occupier of the place from which the sample was taken.
95	Analysis
Where a sample is submitted to an analyst for analysis for the purposes of this Act, the analyst shall—
	(a)	analyse the sample, or supervise the analysis of the sample by another person acting under his or her direction; and
	(b)	furnish the person who submitted the sample for analysis with a certificate under section 96 (1).
96	Certificate evidence of analysis
	(1)	An analyst may make a certificate stating the following matters in relation to a sample taken or seized under this part:
	(a)	that the analyst signing the certificate holds office under this Act;
	(b)	when and from whom the sample was received;
	(c)	which (if any) labels or other means of identifying the sample accompanied it when it was received;
	(d)	the results of the analysis.
	(2)	In any proceedings for an offence against this Act, a certificate under subsection (1) purporting to be signed by an analyst is evidence of the matters stated in the certificate and of the facts on which they are based.
	(3)	Subsection (2) only applies if a copy of the certificate was served on the defendant in the proceedings, or on the defendant’s legal representative on the record of those proceedings, not later than 14 days, or such shorter period as the court orders, before the commencement of the proceedings.
	(4)	For the purposes of subsection (1), a certificate that purports to be signed by an analyst shall, unless the contrary is proved, be taken to have been signed by the analyst who purports to have signed it.
	(5)	Where the certificate of an analyst is admitted in evidence in a proceeding, the defendant may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he or she had given evidence of the matters stated in the certificate.
	(6)	Subsection (5) does not entitle a person to require the analyst to be called as a witness for the prosecution unless—
	(a)	the prosecutor has been given at least 4 days notice of the person’s intention to require the analyst to be called; or
	(b)	the court, by order, allows the analyst to be so called.
97	Time limit for certain prosecutions
Where a sample has been taken under this part for the purpose of analysis, no prosecution for an offence against this Act in relation to which the sample is evidence may be commenced after the expiration of the period of 6 months after the sample was taken.
98	Prohibited use of analysis
A person shall not use for trade or advertising purposes the results of an analysis made for the purposes of this Act.
Maximum penalty:
	(a)	for a person who is not a utility—50 penalty units; or
	(b)	for a utility—2 000 penalty units.

Part 6	Notifiable conditions and public health hazards
Division 6.1	Preliminary
99	Principles—notifiable conditions
This part shall be construed and administered in accordance with the following principles:
	(a)	the investigation of notifiable conditions, and any actions taken as a consequence, shall be carried out in order to minimise the adverse public health effects of such conditions;
	(b)	a person who engages in activities that are known to carry a potential risk of exposure to a transmissible notifiable condition, and any person responsible for the care, support or education of such a person, has the following responsibilities:
	(i)	to take all reasonable precautions to avoid the contracting of the condition by the person who engages in such activities;
	(ii)	if there are reasonable grounds for believing that the person who engages in such activities has been exposed to the condition—to ascertain whether the condition has been contracted, and what precautions should reasonably be taken to avoid exposing others to the condition;
	(iii)	if there are reasonable grounds for believing that the person who engages in such activities has contracted, or is likely to have contracted the condition—to comply with preventative measures or treatment that will minimise the risk to others of exposure to the condition;
	(iv)	if there are reasonable grounds for believing that the person who engages in such activities has contracted, or is likely to have contracted the condition—to take reasonable measures to ensure that others are not unknowingly placed at risk through any action or inaction of the person or any person responsible for the care, support or education of the person;
	(c)	a person who has, or may have, a notifiable condition, or who engages in activities that are known to carry a potential risk of exposure to a notifiable condition, shall be accorded the following rights, to the extent that their exercise does not conflict with the requirements of this part and does not infringe unduly on the wellbeing of others:
	(i)	the right to privacy;
	(ii)	the right to receive all reasonably available information about the medical and social consequences of the condition and any proposed treatment.
100	Notifiable conditions—Ministerial determination
	(1)	The Minister may, in writing, determine—
	(a)	a disease or medical condition to be a notifiable condition; and
	(b)	a disease referred to in paragraph (a) to be a transmissible notifiable condition.
	(2)	A determination under subsection (1) may apply, adopt or incorporate any matter contained in an instrument or other writing as in force or existing from time to time.
	(3)	A determination under subsection (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
101	Notifiable conditions—temporary status
	(1)	The chief health officer may, if he or she considers it to be necessary or desirable in the interests of public health, in writing declare—
	(a)	a disease or medical condition to be a notifiable condition; and
	(b)	a disease referred to in paragraph (a) of this subsection, or section 100 (1) (a), to be a transmissible notifiable condition.
	(2)	A declaration under subsection (1)—
	(a)	comes into force on the day on which it is made, or on a later date specified in the declaration; and
	(b)	remains in force for a period specified in the notice of not longer than 6 months.
	(3)	A declaration under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Division 6.2	Notification of notifiable conditions
102	Medical practitioners
	(1)	If a medical practitioner has reasonable grounds for believing that his or her patient has or may have a notifiable condition, the practitioner shall—
	(a)	give the patient information about—
	(i)	the transmission of the condition and how to prevent the transmission of the condition to others; and
	(ii)	any other matter determined in writing by the chief health officer; and
	(b)	advise the patient of his or her rights under section 99 (c); and
	(c)	make reasonable arrangements for the patient to receive counselling in accordance with any applicable code of practice, if the person agrees; and
	(d)	request the patient to give the practitioner information for the purpose of complying with subsection (4).
	(2)	Subsection (1) does not apply if the medical practitioner establishes that he or she had reasonable grounds for believing that the patient had been given the information referred to in subsection (1) (a) by another medical practitioner.
	(3)	Failure to comply with subsection (1) by a medical practitioner—
	(a)	is to be taken to be unsatisfactory professional conduct for the purposes of the Medical Practitioners Act 1930, part 4; and
	(b)	is a ground for a patient of the practitioner’s to make a complaint to the commissioner for health complaints under the Health Complaints Act 1993, section 22 (1).
	(4)	A medical practitioner shall, as soon as practicable, notify the chief health officer of any of his or her patients who the practitioner has reasonable grounds for believing to have a notifiable condition.
Maximum penalty:  5 penalty units.
	(5)	A medical practitioner shall, as soon as practicable, notify the chief health officer of any deceased person who was a patient of the practitioner’s immediately before death, or who was examined by the practitioner after death, if the practitioner has reasonable grounds for believing that the person had, or may have had, a notifiable condition at the time of death.
Maximum penalty:  5 penalty units.
	(6)	A notification under subsection (4) or (5) shall be in accordance with the applicable code of practice.
	(7)	It is a defence to a prosecution for an offence against subsection (4) or (5) if the medical practitioner concerned establishes that he or she had reasonable grounds for believing that the chief health officer had already been notified about the patient’s notifiable condition.
103	Pathologists
	(1)	This section applies where—
	(a)	a pathologist has tested a specimen taken from a person for any purpose; and
	(b)	either—
	(i)	the pathologist carried out the test in the Territory; or
	(ii)	the person from whom the specimen was taken is resident in the Territory; and
	(c)	the result of the test indicates that the person has, or may have, a notifiable condition.
	(2)	Where this section applies, the following persons shall notify the chief health officer that the person whose specimen was tested has or may have a notifiable condition:
	(a)	the pathologist;
	(b)	if the pathologist is employed in a laboratory at a hospital—the person in charge of the laboratory;
	(c)	if the pathologist carried out the test in the course of his or her employment other than at a hospital—the pathologist’s employer.
	(3)	A notification under this section shall be in accordance with the applicable code of practice.
	(4)	A person shall not, without reasonable excuse, fail to comply with subsection (2).
Maximum penalty (subsection (4)):  5 penalty units, imprisonment for 6 months or both.
104	Hospitals
	(1)	The person in charge of a hospital shall notify the chief health officer of any in-patient at the hospital who has or may have a notifiable condition.
Maximum penalty:  25 penalty units.
	(2)	A notification under this section shall be in accordance with the applicable code of practice.
105	Notification by responsible persons
	(1)	A counsellor shall notify the chief health officer of any person whom the counsellor has counselled who the counsellor has reasonable grounds for believing has, or may have, a notifiable condition.
Maximum penalty:  25 penalty units.
	(2)	A person shall notify the chief health officer of any person for whose care, support or education the person is responsible who the firstmentioned person has reasonable grounds for believing has, or may have, a notifiable condition.
Maximum penalty:  25 penalty units.
	(3)	A notification under this section shall be in accordance with the applicable code of practice.
106	Notification by affected persons—notifiable conditions
	(1)	This section applies where an authorised officer has reasonable grounds for believing that a person has a notifiable condition.
	(2)	Where this section applies, an authorised officer may request the person concerned to provide any or all of the following information to the officer:
	(a)	the person’s name and address;
	(b)	information about circumstances under which the person may have acquired, or been exposed to, the condition;
	(c)	in the case of a transmissible notifiable condition—
	(i)	information about circumstances under which the person may have transmitted the condition; and
	(ii)	the name and address, or the name and whereabouts, of any person the authorised officer has reasonable grounds for believing to be a contact of the person’s.
	(3)	Before requesting information from a person under subsection (2), an authorised officer shall inform the person of the reason for the request.
	(4)	Upon request by a person who is the subject of a request by an authorised officer under subsection (2), the authorised officer shall produce his or her identity card and, unless the authorised officer is the chief health officer, his or her authorisation.
	(5)	A person shall comply with a request made by an authorised officer under subsection (2), unless—
	(a)	the authorised officer fails to comply with this section; or
	(b)	the person has any other reasonable excuse for failing to comply with the request.  
Maximum penalty:  5 penalty units.
	(6)	As soon as possible after making a request under subsection (2), an authorised officer shall make a written record of the grounds for his or her belief that the person concerned has a notifiable condition.
107	Unauthorised assertions
	(1)	A person shall not make an assertion to a contact of a third person that the third person has a transmissible notifiable condition without the consent of the third person, unless authorised to do so under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	This section applies in relation to a person asserted to have a transmissible notifiable condition irrespective of the truth of the assertion.
	(3)	In this section:
contact, in relation to a person asserted to have a transmissible notifiable condition, means a person who would be a contact of the other person if the other person had that condition.
108	Authorised notification of contacts
	(1)	This section applies where—
	(a)	a responsible person requests a person with a transmissible notifiable condition—
	(i)	to inform a contact of the contact’s potential exposure to the notifiable condition; or
	(ii)	to give permission to the responsible person to do so; and
	(b)	the person with the condition refuses that request.
	(2)	Where this section applies, the responsible person may inform the chief health officer of the contact’s potential exposure to that condition.
	(3)	Upon being informed under subsection (2), the chief health officer may take reasonable steps to ensure that the contact is informed of his or her potential exposure to the transmissible notifiable condition, having regard to—
	(a)	the degree of risk of the contact’s having contracted, or contracting, the condition; and
	(b)	the possibility of causing undue anxiety to the person with the condition or to the contact; and
	(c)	any other relevant circumstances.
	(4)	The steps that the chief health officer may take under subsection (3) to ensure that a contact is informed of his or her potential exposure to a transmissible notifiable condition include giving written authority to inform the contact to—
	(a)	a medical practitioner; or
	(b)	a counsellor whom the chief health officer has reasonable grounds for considering to be suitably qualified and experienced for the purpose.
	(5)	If a responsible person is authorised under this section to notify the chief health officer or a contact about the contact’s potential exposure to a transmissible notifiable condition, that authority operates notwithstanding any duty of confidentiality the responsible person may owe to the person with the condition.
	(6)	In this section:
contact, in relation to a person with a transmissible notifiable condition, means a person who a responsible person in relation to the person has reasonable grounds for believing to be a contact of the person’s.
109	Use of notified information
	(1)	Information acquired by the Territory as a result of notification under this division may be used for the following purposes:
	(a)	the prevention and control of notifiable conditions in the Territory and elsewhere;
	(b)	the prevention and control of risks to public health generally in the Territory and elsewhere;
	(c)	research related to public health in the Territory and elsewhere.
	(2)	Information shall only be used under subsection (1) in accordance with the principles set out in section 99 and the objectives set out in section 4.
110	Disclosure of information—persons with notifiable conditions
	(1)	A person shall not, without good reason, disclose information notified under this division in such a manner that the person to whom the notification relates who has, or who may have, the relevant notifiable condition is reasonably able to be identified, unless—
	(a)	the disclosure is for the purposes of this Act or another law of the Territory, the Commonwealth, a State or another Territory, or is authorised under a code of practice; or
	(b)	the person to whom the notification relates consents in writing to such disclosure.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	Upon a person’s written request, the chief health officer shall disclose to the person any information notified under this division that relates to that person alone.
111	Disclosure of information—medical practitioners, pathologists, hospitals
A person shall not, without good reason, disclose information notified under this division in such a manner that a medical practitioner, pathologist, responsible person, pathology laboratory or hospital to whom or to which the notification relates is reasonably able to be identified, unless the medical practitioner, pathologist or responsible person, or the person in charge of the laboratory or hospital, as the case may be, consents in writing to the disclosure.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
Division 6.3	Public health hazards
112	Notification of public health hazards
	(1)	A person shall not, without reasonable excuse, fail to notify the chief health officer of the presence or occurrence, at a place occupied by the person, in any food, water or air or elsewhere in the environment, of any substance or matter that the person has reasonable grounds for believing to constitute a significant public health hazard.   
Maximum penalty:  5 penalty units.
	(2)	In this section:
substance or matter includes—
	(a)	a contaminant; and
	(b)	an organism that causes, or that may cause, a notifiable condition; and
	(c)	any other human pathogenic organism.
113	Public health directions—issue
	(1)	Where the chief health officer has reasonable grounds for believing that it is necessary to prevent or alleviate a significant public health hazard, he or she may issue any or all of the following directions to a person for that purpose:
	(a)	a direction requiring a person to refrain from behaviour, or an activity, that significantly contributes, or that could so contribute, to the hazard;
	(b)	a direction requiring a person to cease performing work of a particular kind, or to cease working at a particular place, while such work significantly contributes, or could so contribute, to the hazard;
	(c)	a direction requiring a person who has a transmissible notifiable condition to undergo a medical examination;
	(d)	a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to undergo specified counselling;
	(e)	a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to be confined to a particular place for a specified period, being the least restrictive confinement appropriate to the person’s medical condition;
	(f)	a direction requiring a person not to enter, or not to remain in, a particular place for a specified period;
	(g)	a direction requiring a person to cease using a particular piece of equipment;
	(h)	a direction requiring a person to clean and decontaminate a particular place;
	(i)	a direction requiring a person to undertake, or to refrain from undertaking, any other action, where the chief health officer has reasonable grounds for believing the requirement to be necessary for the purposes of preventing or alleviating the hazard;
	(j)	a direction requiring a person to take whatever action is necessary to ensure that another person or persons for whose care, support or education the person is responsible complies with a specified requirement or requirements referred to elsewhere in this subsection.
	(2)	In subsection (1), a reference to a person who has a transmissible notifiable condition, or to a contact of such a person, is to be taken to be a reference to a person who the chief health officer has reasonable grounds for believing to have such a condition, or to be such a contact.
	(3)	A direction under subsection (1)—
	(a)	shall be in writing signed by the chief health officer; and
	(b)	may include conditions about the period within which, or the manner in which, the direction is to be complied with; and
	(c)	shall state the public health hazard to be prevented or alleviated, and any other reason for issuing the direction; and
	(d)	shall include a statement to the effect that failure to comply with the direction might result in either or both of the following:
	(i)	action being taken by an authorised officer to implement the direction;
	(ii)	a court order being made to enforce the direction.
	(4)	In making a decision under subsection (1), the chief health officer shall have regard to the following matters:
	(a)	the number of persons potentially affected by the public health hazard;
	(b)	the degree to which the public health hazard would affect individuals and the community;
	(c)	the availability of other control measures.
	(5)	The chief health officer shall undertake the minimum action necessary under subsection (1) to prevent or alleviate the relevant public health hazard.
114	Public health directions—notice to medical practitioner
Where a public health direction is issued by the chief health officer in relation to a person for reasons including the chief health officer’s belief that the person has a disease or a notifiable condition, the chief health officer shall give written notice of the direction to any medical practitioner professionally attending the person at the time of the direction.
115	Public health directions—extension of compliance period
	(1)	Before the end of a compliance period specified in a public health direction under section 113 (3) (b), an authorised officer may extend the period.
	(2)	An extension—
	(a)	may be given on the application of the person to whom the public health direction was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the direction was issued.
	(3)	If an authorised officer refuses an application for an extension, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
116	Public health direction—implementation
	(1)	An authorised officer may, subject to this section, do whatever he or she has reasonable grounds for believing to be necessary to implement a public health notice—
	(a)	after the expiration of any compliance period specified under section 113 (3) (b) (as extended, if at all, under section 115); or
	(b)	if no such period is specified—after the expiration of a period the officer has reasonable grounds for considering to be sufficient for compliance with any positive direction in the notice, and in the interests of public health. 
	(2)	An authorised officer shall only implement a public health direction under subsection (1) if he or she has reasonable grounds for believing that it is necessary to do so to avert an imminent and serious risk to public health.
	(3)	For the purpose of implementing a public health direction under subsection (1), an authorised officer may, using such reasonable force and assistance as is necessary— 
	(a)	enter a place to which the notice relates at any reasonable time; or
	(b)	enter a place to which the notice relates at any time, if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require such immediate entry. 
	(4)	An authorised officer who enters a place pursuant to subsection (3) is not entitled to remain there if, on request by the occupier, the authorised officer does not produce his or her identity card, and, unless the authorised officer is the chief health officer, his or her authorisation, to the occupier.
	(5)	Any costs or expenses incurred by the Territory in implementing, or attempting to implement, a public health direction under this section are a debt due to the Territory by the person to whom the direction was issued.
117	Public health directions—revocation
	(1)	An authorised officer shall revoke a public health direction if satisfied, after carrying out an appropriate inspection—
	(a)	that the direction has been complied with; and
	(b)	that adequate measures have been taken to prevent or alleviate the relevant public health hazard.
	(2)	A revocation—
	(a)	may be issued on the application of the person to whom the direction was issued, or on the motion of the authorised officer; and
	(b)	shall be in writing given to the person to whom the direction was issued.
	(3)	An application for revocation shall—
	(a)	be made in writing; and
	(b)	be addressed to the authorised officer who issued the direction; and
	(c)	specify the action taken to comply with the direction by the person to whom it was issued, and any further measures taken to prevent or alleviate the relevant public health hazard; and
	(d)	nominate a date on or after which an inspection may be made.
Note 	A fee may determined under s 137 (Determination of fees) for this section.
	(4)	If an authorised officer refuses an application for revocation, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.
118	Public health orders
	(1)	The chief health officer may apply to the Magistrates Court for an order that a person to whom a public health direction has been issued comply with the direction.
	(2)	For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged public health hazard.
	(3)	On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the public health direction was issued:
	(a)	that the person comply with the direction within a period (if any) specified in the order;
	(b)	that in order to prevent or alleviate the relevant public health hazard, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period (if any) specified in the order;
	(c)	an order that the person pay the Territory an amount equal to no more than—
	(i)	for a person (other than a utility)—$5 000; or
	(ii)	for a corporation (other than a utility)—$25 000; or
	(iii)	for a utility who is an individual—$100 000; or
	(iv)	for a utility that is a corporation—$500 000.
	(d)	an order giving directions about the payment of all or any of the costs and expenses of the application.
	(4)	A person shall comply with an order under subsection (3) (a) or (b).
Maximum penalty:
	(a)	for a person who is not a utility—100 penalty units; or
	(b)	for a utility—2 000 penalty units.
	(5)	For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order—
	(a)	after the expiration of any compliance period specified in the order; or
	(b)	if no such period is specified—after the expiration of a period the officer has reasonable grounds for considering sufficient for compliance with any positive direction in the order, and in the interests of public health.
	(6)	Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued.
	(7)	The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied—
	(a)	that the order has been complied with; and
	(b)	that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order.  

Part 6A	Public health alerts
    
118A	Public health alerts
	(1)	This section applies if the chief health officer considers it necessary to take action under this section—
	(a)	to protect the public from a public health risk; or
	(b)	to provide a rapid response to a public health risk.
	(2)	The chief health officer may prepare a written notice (the public health alert) about the risk and precautions that may be taken by the public to deal with the risk.
	(3)	The public health alert is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The chief health officer may also publish the public health alert in other ways.

Part 6B	Drinking water and sewage processing
Division 6B.1	Drinking water
118B	Definitions for div 6B.1
In this division:
processing, of drinking water, means collecting, treating, distributing or supplying drinking water.
water distributor—see the Utilities Act 2000, dictionary.
water supplier—see the Utilities Act 2000, dictionary.
water utility means a water distributor or a water supplier.
118C	Relationship with other provisions of this Act
This part does not prevent the application of any other provision of this Act as it relates to the processing of drinking water by a water utility.
118D	Water processing health risk—public warning by utility
	(1)	This section applies if a water utility has reasonable grounds for believing that an imminent serious risk to public health is likely to arise because of the processing of drinking water by it.
	(2)	The water utility must—
	(a)	tell the chief health officer as soon as possible about the risk; and
	(b)	prepare a written notice (the public risk notice) alerting the public to the risk; and
	(c)	notify the public risk notice under the Legislation Act 2001.
Maximum penalty:  2 000 penalty units.
	(3)	The public risk notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The water utility must also—
	(a)	 publish the public risk notice in a daily newspaper published and circulating in the ACT; and
	(b)	take all other reasonable measures to alert the public to the risk.
Maximum penalty:  2 000 penalty units.
118E	Misleading information about water processing
	(1)	If the chief health officer has reasonable grounds for believing that a water utility has published misleading information to the public or to a section of the public about the processing of drinking water by the utility, the chief health officer may, by written notice to the utility, direct the utility to correct the information in the manner stated in the direction.
	(2)	The direction may include a requirement that the utility publish the correction in a stated manner, in a statåd medium (or media) and within a stated period.
	(3)	The utility must comply with the direction.
Maximum penalty:  2 000 penalty units.
118F	Provision of water processing information to chief health officer
	(1)	For this Act, the chief health officer may, by written notice to a water utility, require the utility to give the chief health officer information, within the period stated in the notice, about the processing of drinking water by the utility.
	(2)	The utility must comply with the requirement.
Maximum penalty:  500 penalty units.
118G	Contaminated drinking water provided by water utility
	(1)	A water utility must not, without lawful authority, knowingly or recklessly contaminate water used, or for use, as drinking water by people or animals.
Maximum penalty:  2 000 penalty units.
	(2)	A water utility that contravenes subsection (1) commits a separate offence for each day during any part of which the contamination continues.
Division 6B.2	Sewage
118H	Definitions for div 6B.2
	In this division:
processing, of sewage, means conveying sewage from premises or collecting, treating or disposing of sewage.
sewerage utility—see the Utilities Act 2000, dictionary.
118I	Relationship with other provisions of this Act
This part does not prevent the application of any other provision of this Act as it relates to the processing of sewage by a sewerage utility.
118J	Sewage processing health risk—public warning by utility
	(1)	This section applies if a sewerage utility has reasonable grounds for believing that an imminent serious risk to public health is likely to arise because of the processing of sewage by it.
	(2)	The sewerage utility must—
	(a)	tell the chief health officer as soon as possible about the risk; and
	(b)	prepare a written notice (the public risk notice) alerting the public to the risk; and
	(c)	notify the public risk notice under the Legislation Act 2001.
Maximum penalty:  2 000 penalty units.
	(3)	The public risk notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The sewerage utility must also—
	(a)	publish the public risk notice in a daily newspaper published and circulating in the ACT; and
	(b)	take all other reasonable measures to alert the public to the risk.
Maximum penalty:  2 000 penalty units.
118K	Misleading information about sewage processing
	(1)	If the chief health officer has reasonable grounds for believing that a sewerage utility has published misleading information to the public or to a section of the public about the processing of sewage by the utility, the chief health officer may, by written notice to the utility, direct the utility to correct the information, in the manner stated in the direction.
	(2)	The direction may include a requirement that the utility publish the correction in a stated manner, in a stated medium (or media) and within a stated period.
	(3)	The utility must comply with the direction.
Maximum penalty:  2 000 penalty units.
118L	Provision of sewage processing information to chief health officer
	(1)	For this Act, the chief health officer may, by written notice to a sewerage utility, require the utility to give the chief health officer information, within the period stated in the notice, about the processing of sewage by the utility.
	(2)	The utility must comply with the requirement.
Maximum penalty:  500 penalty units.

Part 7	Public health emergencies
    
119	Emergency declarations
	(1)	The Minister may, in writing, declare a public health emergency if satisfied that it is justified in the circumstances.
	(2)	An emergency declaration shall specify—
	(a)	the nature of the emergency; and
	(b)	any area to which it relates; and
	(c)	the period during which the declaration is to remain in force.
	(3)	An emergency declaration comes into force on the day on which it is made and remains in force for—
	(a)	the period, not exceeding 5 days, specified in the declaration; or
	(b)	any extended (or further extended) period under subsection (4).
	(4)	The Minister may, in writing, extend or further extend the period during which an emergency declaration is to remain in force by a period of up to 2 days.
	(5)	A declaration under subsection (1) and an extension under subsection (4) are notifiable instruments.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(6)	The Minister must publish an emergency declaration, and any extension of the period of a declaration, in a daily newspaper published and circulating in the ACT as soon as practicable after it is made.
120	Emergency actions and directions
	(1)	While an emergency declaration is in force, the chief health officer may take any action, or give any direction (orally or in writing), he or she considers to be necessary or desirable to alleviate the emergency specified in the declaration, including actions or directions in relation to any of the following:
	(a)	the reduction, removal or destruction of any threat to public health;
	(b)	the segregation or isolation of any persons in an area;
	(c)	the evacuation of any persons from an area;
	(d)	the prevention or permission of access to an area;
	(e)	the control of the movement of any vehicle.
	(2)	For the purposes of subsection (1), the directions the chief health officer may give to a person include any or all of the following:
	(a)	that the person undergo a medical examination, either of a general nature or of a particular type, as specified in the direction, within a specified time;
	(b)	that the person immediately or within a specified time move away from or to a specified area, or remain in a specified area for a specified time, while the emergency remains in force;
	(c)	that the person immediately or within a specified time surrender any substance or thing in the person’s possession or control to an authorised person within the meaning of section 121;
	(d)	that the person immediately or within a specified time destroy, or modify in a specified manner, a thing or substance in the person’s possession or control;
	(e)	that the person take any other specified action, or cease undertaking any specified action, if the chief health officer considers such action or cessation to be necessary or desirable.
	(3)	A person shall not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty:
	(a)	for a person who is not a utility—50 penalty units; or
	(b)	for a utility—2 000 penalty units.
	(4)	The chief health officer shall make a signed written record of all action taken, and of each direction issued, for the purposes of subsection (1).
	(5)	In the prosecution of a person under subsection (3) for the failure of the person to comply with a direction, a record of the direction made by the chief health officer under subsection (4) is evidence that the direction was given, of the matters referred to in the record and of the facts on which those matters were based.
121	Emergency powers
	(1)	While an emergency declaration is in force, an authorised person may, for the purposes of section 120, using such reasonable force and assistance as is necessary—
	(a)	enter, using such reasonable force and assistance as is necessary, any place to—
	(i)	save any person’s life; or
	(ii)	prevent injury to any person; or
	(iii)	rescue any endangered person; or
	(b)	prevent access to any place; or
	(c)	close to pedestrian or vehicular traffic any roadway, path or any other thoroughfare; or
	(d)	remove from a place any person obstructing the authorised person in the exercise of a power under this section.
	(2)	The chief health officer may, by writing, authorise a person, or a person of a specified class, for the purposes of this section.
	(3)	An authorised person who enters a place pursuant to subsection (1) is not entitled to remain in that place if, on request by the occupier, the person does not produce—
	(a)	in the case of the chief health officer—his or her identity card; or
	(b)	in the case of a public health officer—his or her identity card and authorisation under section 14 (2); or
	(c)	in the case of an ambulance officer—proof of identification of a kind approved for general purposes by the chief executive of the administrative unit in which the officer is employed; or
	(d)	in the case of a police officer—proof of identification of a kind approved for general purposes by the commissioner of police; or
	(e)	in the case of a person authorised under subsection (2) of this section—the authorisation, or, in the case of a class authorisation, a copy of the authorisation. 
	(4)	In this section:
authorised person means—
	(a)	the chief health officer; or
	(b)	a public health officer authorised for the purpose under section 14 (2); or
	(c)	an ambulance officer employed in the public service; or
	(d)	a police officer; or
	(e)	a person authorised under subsection (2) of this section.
122	Compensation
	(1)	An eligible person may apply to the Minister for compensation in relation to any loss or damage suffered by a person as a result of anything done in the performance of a function under this division, being a function performed while an emergency declaration was in force.
	(2)	Compensation is payable by the Territory to an eligible person in an amount the Minister considers appropriate, having regard to the loss or damage suffered by the person.
	(3)	Compensation is not payable to an eligible person—
	(a)	in relation to any loss or damage suffered because of the action or inaction of the person who suffered the loss or damage; or
	(b)	in relation to any loss or damage that caused or contributed to the public health emergency.
	(4)	In this section:
eligible person, in relation to loss or damage mentioned in subsection (1), means—
	(a)	the person who suffered the loss or damage; or
	(b)	if the damage suffered by a person mentioned in paragraph (a) results in the person’s death—a member of the dead person’s family who has suffered loss or damage because of the death.
member, of a dead person’s family—see the Civil Law (Wrongs) Act 2002, section 20.
123	Reports on emergencies
	(1)	As soon as practicable after an emergency declaration ceases to be in force, the chief health officer shall prepare a written report about the emergency in respect of the following matters:
	(a)	particulars of the events giving rise to the emergency;
	(b)	particulars of action taken to deal with the emergency;
	(c)	directions given in the course of the emergency under section 120 (1);
	(d)	any other matter considered appropriate by the chief health officer.
	(3)	A report shall be submitted to the Minister within 3 months after it is prepared.
	(4)	The Minister shall cause a report to be laid before the Legislative Assembly within 15 sitting days after receiving it.

Part 8	Public health investigations
    
124	Investigations
	(1)	Subject to subsection (4), the chief health officer may hold an investigation in respect of—
	(a)	any matter concerning public health; or
	(b)	the administration of this Act.
	(2)	The chief health officer shall hold an investigation under subsection (1) if directed to do so by the Minister.
	(3)	The Minister shall cause a copy of a direction under subsection (2) to be tabled in the Legislative Assembly within 15 sitting days after it is made.
	(4)	The chief health officer shall not hold an investigation under subsection (1) in relation to a matter which is capable of forming the subject of a preliminary assessment, an assessment or an inquiry under the Land (Planning and Environment) Act 1991, part 6.
125	Procedure
	(1)	An investigation shall be conducted with as little formality and technicality as a proper consideration of the matter permits.
	(2)	An investigation need not involve a hearing (whether public or private).
	(3)	An investigation shall be conducted in accordance with any applicable code of practice.
	(4)	For the purposes of an investigation, the chief health officer—
	(a)	is not bound by the rules of evidence; and
	(b)	shall observe the rules of natural justice.
	(5)	A person appearing for the purposes of an investigation may be represented by any other person, subject to any applicable code of practice.
126	Powers
For the purposes of an investigation, the chief health officer may, subject to any applicable code of practice—
	(a)	require a person to appear and give evidence; or
	(b)	require a person to answer any relevant question; or
	(c)	take evidence on oath or by affirmation; or
	(d)	require a person to take an oath or to make an affirmation; or
	(e)	take statements and receive affidavits; or
	(f)	require the production of any relevant document; or
	(g)	exercise any other power the chief health officer considers to be necessary for the purpose.
127	Reports
	(1)	The chief health officer shall give the Minister a written report of the findings of an investigation as soon as practicable after its conclusion.
	(2)	The Minister shall cause a copy of the report to be laid before the Legislative Assembly within 15 sitting days after its receipt.
128	Protection and immunity
	(1)	In performing any function under this division, the chief health officer has the same protection and immunity as a judge of the Supreme Court.
	(2)	A person giving evidence for the purposes of an investigation has the same protection as a witness in a proceeding in the Supreme Court.
	(3)	Evidence given for the purposes of an investigation (whether orally or in writing), or any record of proceedings of an investigation, is not admissible in civil or criminal proceedings in any court, except proceedings for an offence against section 129.
129	Investigation offences
	(1)	For the purposes of an investigation, a person shall not, without reasonable excuse, fail to—
	(a)	appear or give evidence if required; or
	(b)	answer a question if required; or
	(c)	produce a document if required; or
	(d)	take an oath or make an affirmation if required.
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 appearing at an investigation shall not knowingly or recklessly give evidence that is false or misleading in a material particular.
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.
	(3)	A person shall not hinder, obstruct or delay the conduct of an investigation.
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.

Part 9	Review and appeals
    
130	Decisions reviewable by administrative appeals tribunal
	(1)	A person appointed as an analyst under section 15 (3) (b) (Appointment of analysts) may apply to the administrative appeals tribunal for review of any of the following decisions made by the chief executive in relation to the appointment:
	(a)	the conditions imposed on the appointment under section 15B (1) (a) (Appointed analysts—appointment subject to conditions);
	(b)	the amendment of the appointment under section 15B (1) (b) to impose a condition, or to amend or revoke a condition, to which the appointment is subject;
	(c)	the suspension or cancellation of the appointment under section 15D (Appointed analysts—suspension or cancellation of appointment).
	(2)	A person may apply to the administrative appeals tribunal for review of any of the following decisions made by the Minister:
	(a)	refusal to grant an activity licence under section 30 (1);
	(b)	refusal to vary an activity licence under section 34 (1);
	(c)	refusal to approve the transfer of an activity licence under section 37 (1);
	(d)	refusal to grant a procedure licence under section 45 (1);
	(e)	refusal to vary a procedure licence under section 49 (1);
	(f)	refusal to register an applicant for registration under section 56G;
	(g)	refusal to approve the transfer of registration under section 56N;
	(h)	refusal to vary the registration period in association with the transfer of registration under section 56N (6);
	(i)	suspending the registration of a registered person under section 56P (4);
	(j)	cancelling the registration of a registered person under section 56P (4) (a).
131	Notification of reviewable decisions
	(1)	A person who makes a decision mentioned in section 130 (1) must give notice of the decision to the analyst in relation to whom the decision is made.
	(2)	A person who makes a decision mentioned in section 130 (2) must give notice of the decision to—
	(a)	in the case of a decision referred to in section 130 (2) (a)—to the applicant for the activity licence; or
	(b)	in the case of a decision referred to in section 130 (2) (b)—to the holder of the activity licence; or
	(c)	in the case of a decision referred to in section 130 (2) (c)—to the holder of the activity licence and the proposed transferee; or
	(d)	in the case of a decision referred to in section 130 (2) (d)—to the applicant for the procedure licence; or
	(e)	in the case of a decision referred to in section 130 (2) (e)—to the holder of the procedure licence; or
	(f)	for a decision mentioned in section 130 (2) (f)—to the applicant for registration; or
	(g)	for a decision mentioned in section 130 (2) (g)—to the registered person and the proposed transferee; or
	(h)	for a decision mentioned in section 130 (2) (h)—to the transferee; or
	(i)	for a decision mentioned in section 130 (2) (i) or (j)—to the registered person.
	(3)	A notice under subsection (1) or (2) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
132	Appeals
An appeal as of right lies to the Supreme Court in relation to any of the following orders of the Magistrates Court:
	(a)	a prohibition order under section 66 (3);
	(b)	an order under section 66 (7) dismissing an application for the revocation of a prohibition order;
	(c)	an abatement order under section 73 (3);
	(d)	an order under section 73 (7) dismissing an application for the revocation of an abatement order;
	(e)	a public health order under section 118 (3);
	(f)	an order under section 118 (7) dismissing an application for the revocation of a public health order.

Part 10	Miscellaneous
    
133	Codes of practice
	(1)	The Minister may, in writing, determine codes of practice setting out minimum standards or guidelines for the purposes of this Act.
	(2)	A determination under subsection (1) may apply, adopt or incorporate any matter contained in an instrument or other writing as in force or existing from time to time.
	(3)	A code of practice determined under subsection (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
134	Environmental assessments and inquiries
For the purposes of the Land (Planning and Environment) Act 1991, section 231, the Minister may—
	(a)	direct that an assessment be made under division 6.3 of that Act; or
	(b)	establish a panel to conduct an inquiry under division 6.4 of that Act;
about any aspect of a proposed development under that Act, part 6 that the Minister considers would be likely to have a significant effect on public health.
135	Evidence—records, costs and expenses
	(1)	Where—
	(a)	an authorised officer, in the performance of his or her functions for the purposes of this Act, makes or causes to be made a copy of a document or part of a document; and
	(b)	certifies that the copy is a true copy of that document or part;
then, in any proceedings under this Act, the copy is admissible in evidence for all purposes for which the document or part could have been so admitted unless the court is satisfied that the certificate of the authorised officer is not accurate.
	(2)	In any proceedings for the recovery by the Territory of a debt under this Act, a certificate signed by the Minister stating the amount of any costs or expenses and the manner in which they were incurred is evidence of the matters stated and of the facts on which they are based.
136	Conduct of directors, servants and agents
	(1)	Where, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—
(a)	that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
(b)	that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
	(2)	A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to—
(a)	the knowledge, intention, opinion, belief or purpose of the body or person; and
(b)	the body’s or person’s reasons for the intention, opinion, belief or purpose.
	(3)	Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
	(4)	Where—
(a)	a natural person is convicted of an offence against this Act; and
(b)	the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
	(5)	A reference in this section to engaging in conduct shall be read as including a reference to failing or refusing to engage in conduct.
137	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note 	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
137A	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
138	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision with respect to any of the following:
	(a)	cancer reporting;
	(b)	cemeteries and crematoria;
	(c)	cervical cytology;
	(d)	communicable disease control;
	(e)	drug preparation and supply;
	(f)	general sanitation;
	(g)	private hospitals.
	(3)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties for offences against the regulations of not more than—
	(a)	for a person who is not a utility—10 penalty units; or
	(b)	for a utility—400 penalty units.

Dictionary
(See s 2)
abatement notice means a notice under section 69.
activity accreditation scheme means an activity accreditation scheme determined under section 22.
activity accreditation standards, for an activity accreditation scheme, means the activity accreditation standards determined under section 22 for the scheme.
activity licence means a licence under section 30.
activity premises alteration, for a licensable public health risk activity, means a structural alteration of premises where the activity is carried on, including a structural alteration of any fixtures or fittings of the premises.
activity register—see section 56D.
analyst means an analyst under section 15.
authorisation, in relation to a public health officer or an authorised medical officer performing a function under this Act, means an authorisation under section 14 (2) issued to that officer in relation to that function.
authorised medical officer means an authorised medical officer under section 13.
authorised officer, in relation to the performance of a function for the purposes of this Act, means—
	(a)	the chief health officer; or
	(b)	a public health officer or an authorised medical officer who has been issued with an authorisation to perform that function.
automatic, suspension of registration—see section 56Q (1).
chief health officer means the chief health officer under section 7.
code of practice means a code of practice determined under section 133.
contact means a person who—
	(a)	has been or may have been a source of infection to a person who has a notifiable condition; or
	(b)	has been or may have been exposed to infection by a person with a notifiable condition.
contravention, of this Act or a corresponding public health risk law, includes the contravention of a notice, direction or other instrument given under this Act or such a law.
corresponding public health risk law, in relation to a public health risk activity or a public health risk procedure, means a law of a State or another Territory that regulates the performance of the activity or procedure, as the case may be.
counsellor means—
	(a)	a registered psychologist within the meaning of the Psychologists Act 1994; or
	(b)	a nurse counsellor; or
	(c)	a social worker.
defined influential person, in relation to a person proposing to carry on, or carrying on, a public health risk activity, means—
	(a)	if the person is to employ or otherwise engage, or employs or otherwise engages, a manager to carry on the activity, or that part of the activity that involves the performance of public health risk procedures—the manager; and
	(b)	if the person is a body corporate—a director, secretary, officer or manager of the body; and
	(c)	if the person is to carry on, or carries on, the activity in partnership with any other person or person—
	(i)	each other partner; and
	(ii)	if any partner is a body corporate—a director, secretary, officer or manager of the body.
director, in relation to a body corporate, includes a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.
education means pre-primary, primary or secondary education.
emergency declaration means a declaration under section 119.
emergency direction means a direction under section 120.
improvement notice means a notice under section 58.
insanitary condition means a condition, state or activity in relation to any of the following that a reasonable person would consider to be, or to be liable to become, a public health risk, damaging to public health or offensive to community health standards:
	(a)	a building or structure;
	(b)	land, water or land covered by water;
	(c)	an animal, including a bird;
	(d)	refuse;
	(e)	noise or an emission;
	(f)	any other matter or thing.
licensable public health risk activity means an activity declared to be a licensable public health risk activity under section 18.
licensable public health risk procedure, for a licensable public health risk activity, means a procedure declared to be a licensable public health risk procedure for the activity under section 18.
location, for a registrable public health risk activity, means the precise location on the premises where the activity is being carried on.
location-specific, for a registrable public health risk activity, means that the activity is indicated under section 18 (4) to be location-specific.
medical practitioner means a registered medical practitioner under the Medical Practitioners Act 1930.
notifiable condition means a disease or medical condition—
	(a)	determined by the Minister under section 100 (1) (a); or
	(b)	declared by the chief health officer under section 101 (1) (a).
notified suspension or cancellation, of registration—see section 56P (1).
occupier, of a place, includes—
	(a)	an owner of the place; and
	(b)	a person in charge of the place; and
	(c)	a person authorised to be present at the place as an agent of an occupier, owner or person in charge of the place.
pathologist includes an assistant, and a technical officer, employed in a pathology laboratory.
patient, in relation to a medical practitioner, means a person being professionally attended by the practitioner.
place means premises or land.
premises includes a vehicle, vessel or aircraft, and a permanent or temporary structure.
procedure accreditation scheme means a procedure accreditation scheme determined under section 42D.
procedure accreditation standards, for a procedure accreditation scheme, means the procedure accreditation standards determined under section 42D for the scheme.
procedure appliance alteration means—
	(a)	for a person carrying on a licensable public health risk activity—the introduction, alteration or replacement of an appliance used for a procedure associated with the activity; or
	(b)	for a person performing a licensable public health risk procedure—the introduction, alteration or replacement of an appliance used for the procedure.
procedure licence means a licence under section 45.
prohibition notice means a notice under section 61.
public health means—
	(a)	the health of individuals in the context of the wider health of the community; or
	(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 medical practitioner; or
	(b)	a counsellor who has counselled the person in relation to that condition; or
	(c)	a person who is responsible for the care, support or education of the person. 
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.

Endnotes
1	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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Public Health Act 1997 No 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 No 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 No 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 No 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 No 66 pt 2.3
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 2.3 commenced 10 March 2002 (s 2 and LA s 79)
Legislation Amendment Act 2002 No 11 pt 2.38
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.38 commenced 28 May 2002 (s 2 (1))
Civil Law (Wrongs) Act 2002 No 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)
4	Amendment history
Title
title	am 2001 No 66 amdt 2.5
Name of Act
s 1	sub 2000 No 36 amdt 1.1
Dictionary
s 2	sub 2000 No 36 amdt 1.1
Notes
s 3	sub 2000 No 36 amdt 1.1
Interpretation
s 5	am 2000 No 36 amdt 1.2
	om 2000 No 36 amdt 1.2
Construction consistent with certain other laws
s 6	sub 2001 No 66 amdt 2.6
Chief health officer
s 7	am 2001 No 44 amdts 1.3357-1.3364
Functions of chief health officer
s 9	sub 2001 No 66 amdt 2.7
Delegation by chief health officer
s 11	sub 2001 No 66 amdt 2.8
Appointment of public health officers
s 12 hdg	sub 2001 No 66 amdt 2.9
Functions of public health officers
s 12A	ins 2001 No 66 amdt 2.10
Appointment of authorised medical officers
s 13 hdg	sub 2001 No 66 amdt 2.11
Functions of authorised medical officers
s 14	sub 2001 No 66 amdt 2.12
Appointment of analysts
s 15	sub 2001 No 66 amdt 2.12
Functions of analysts
s 15A	ins 2001 No 66 amdt 2.12
Appointed analysts—appointment subject to conditions
s 15B	ins 2001 No 66 amdt 2.12
Appointed analysts—procedure for imposition etc of conditions on chief executive’s initiative
s 15C	ins 2001 No 66 amdt 2.12
Appointed analysts—suspension or cancellation of appointment
s 15D	ins 2001 No 66 amdt 2.12
Protection from liability
s 17	sub 2001 No 66 amdt 2.13
General
div 3.1 hdg	(prev pt 3 div 1 hdg) sub 2000 No 36 amdt 1.3
Public health risk activities and procedures—declaration
s 18	am 2000 No 36 s 4; 2001 No 44 amdts 1.3365-1.3367
Differential fees
s 19	am 2000 No 36 amdt 1.4
	om 2001 No 44 amdt 1.3368
Compliance with codes of practice
s 20	am 2000 No 36 amdt 1.5; 2000 No 66 sch 1 pt 13
Licensable public health risk activities
div 3.2 hdg	(prev pt 3 div 2 hdg) om 2000 No 36 amdt 1.7
	ins 2000 No 36 amdt 1.6
Activity licences—offences
s 21	sub 2000 No 36 amdt 1.6
	am 2000 No 66 sch 1 pt 13
Exemption from licensing requirement—activity accreditation schemes
s 22	sub 2000 No 36 amdt 1.6
	am 2001 No 44 amdt 1.3369
Activity accreditation standards—modification
s 23	sub 2000 No 36 amdt 1.6
	am 2001 No 44 amdts 1.3370-1.3372
Alteration of premises and appliances—offence
s 24	sub 2000 No 36 amdt 1.6
Alteration of premises and appliances—approval
s 25	sub 2000 No 36 amdt 1.6
	am 2001 No 44 amdts 1.3373-1.3375
Alteration of premises and appliances
s 26	om 2000 No 36 amdt 1.6
Ministerial approvals
s 27	om 2000 No 36 amdt 1.6
Inspection
s 28	om 2000 No 36 amdt 1.6
Activity licence—application
s 29	am 2001 No 44 amdt 1.3376, amdt 1.3377
Activity licence—form
s 31	sub 2001 No 44 amdt 1.3378
Activity licence—renewal
s 33	am 2000 No 36 amdt 1.8; 2001 No 44 amdt 1.3379
Activity licence—application for transfer
s 36	am 2001 No 44 amdt 1.3380
Licensable public health risk activities—false representation
s 42A	ins 2000 No 36 amdt 1.9
	am 2000 No 66 sch 1 pt 13
Licensable public health risk activities—inspection
s 42B	ins 2000 No 36 amdt 1.9
Licensable public health risk procedures
div 3.3 hdg	(prev pt 3 div 3 hdg) sub 2000 No 36 amdt 1.9
Procedure licences—offences
s 42C	ins 2000 No 36 amdt 1.9
Exemption from licensing requirement—procedure accreditation schemes
s 42D	ins 2000 No 36 amdt 1.9
	am 2001 No 44 amdt 1.3381
Procedure accreditation standards—modification
s 42E	ins 2000 No 36 amdt 1.9
	am 2001 No 44 amdts 1.3382-1.3384
Alteration of appliances—offence
s 42F	ins 2000 No 36 amdt 1.9
Alteration of appliances—approval
s 42G	ins 2000 No 36 amdt 1.9
	am 2001 No 44 amdts 1.3385-1.3387
Procedure licence—application
s 43	am 2001 No 44 amdt 1.3388
Procedure licence—form
s 46	sub 2001 No 44 amdt 1.3389
Procedure licence—annual fees
s 47	am 2001 No 44 amdt 1.3390
Procedure licence—suspension and cancellation for failure to pay annual fee
s 48	am 2001 No 44 amdt 1.3391
Licensable public health risk procedures—false representation
s 56A	ins 2000 No 36 amdt 1.10
Procedure licence—inspection
s 56B	ins 2000 No 36 amdt 1.10
Registration of public health risk activities
div 3.4 hdg	ins 2000 No 36 s 5
Registrable public health risk activities—offences
s 56C	ins 2000 No 36 s 5
Activity register
s 56D	ins 2000 No 36 s 5
Registered people register
s 56E	ins 2000 No 36 s 5
Registration—application
s 56F	ins 2000 No 36 s 5
	am 2001 No 44 amdts 1.3392-1.3394
Registration—grant or refusal
s 56G	ins 2000 No 36 s 5
Registration—certificate
s 56H	ins 2000 No 36 s 5
	am 2001 No 44 amdts 1.3395-1.3397
Registration—duration
s 56J	ins 2000 No 36 s 5
Registration—renewal
s 56K	ins 2000 No 36 s 5
	am 2001 No 44 amdt 1.3398
Registration—change of information
s 56L	ins 2000 No 36 s 5
Registration—application for approval of transfer
s 56M	ins 2000 No 36 s 5
	am 2001 No 44 amdt 1.3399
Registration—grant or refusal of transfer
s 56N	ins 2000 No 36 s 5
Registration—notified suspension and cancellation
s 56P	ins 2000 No 36 s 5
Registration—automatic suspension (prohibition notice)
s 56Q	ins 2000 No 36 s 5
Registration—return of suspended or cancelled certificates
s 56R	ins 2000 No 36 s 5
Registration—surrender
s 56S	ins 2000 No 36 s 5
Registration—false representation
s 56T	ins 2000 No 36 s 5
Registration—inspection
s 56U	ins 2000 No 36 s 5
Registration of specialised systems
div 3.5 hdg	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
Definitions for div 3.5
s 56V	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
Meaning of specialised system
s 56W	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
Specialised systems—registrable public health risk activity
s 56X	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
System licences—registration
s 56Y	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
System licences—transitional applications
s 56Z	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
System licences—transitional renewals
s 56ZA	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
System licences—transitional transfers
s 56ZB	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
System licences—transitional suspension
s 56ZC	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
Expiry of div 3.5
s 56ZD	ins 2000 No 36 s 5
	exp 1 July 2005 (s 56ZD)
Improvement notices
div 3.6 hdg	(prev pt 3 div 4 hdg)
	sub 2000 No 36 amdt 1.11
Improvement notice—compliance
s 57	am 2000 No 66 sch 1 pt 13
Improvement notice—revocation
s 60	am 2001 No 44 amdt 1.3400
Prohibition notices
div 3.7 hdg	(prev pt 3 div 5 hdg)
	ins 2000 No 36 amdt 1.11
Prohibition notice—revocation
s 65	am 2001 No 44 amdt 1.3401
Prohibition orders
s 66	am 2000 No 36 amdt 1.12; 2000 No 66 sch 1 pt 13
Abatement notice—revocation
s 72	am 2001 No 44 amdt 1.3402
Abatement orders
s 73	am 2000 No 36 amdt 1.13; 2000 No 66 sch 1 pt 13
Preliminary
div 5.1 hdg	(prev pt 5 div 1 hdg) renum R2 LA
Authorised officers’ powers
div 5.2 hdg	(prev pt 5 div 2 hdg) renum R2 LA
Obstruction of authorised officers
s 82	am 2000 No 66 sch 1 pt 13; 2002 No 11 amdt 2.78, amdt 2.79
False information
s 83	am 2000 No 66 sch 1 pt 13
Seizure
div 5.3 hdg	(prev pt 5 div 3 hdg) renum R2 LA
Analysis
div 5.4 hdg	(prev pt 5 div 4 hdg) renum R2 LA
Analyst’s power of entry
s 93	am 2000 No 66 sch 1 pt 13
Prohibited use of analysis
s 98	am 2000 No 66 sch 1 pt 13
Preliminary
div 6.1 hdg	(prev pt 6 div 1 hdg) renum R2 LA
Notifiable conditions—Ministerial determination
s 100	am 2001 No 44 amdt 1.3403, amdt 1.3404
Notifiable conditions—temporary status
s 101	am 2001 No 44 amdt 1.3405, amdt 1.3406
Notification of notifiable conditions
div 6.2 hdg	(prev pt 6 div 2 hdg) renum R2 LA
Public health hazards
div 6.3 hdg	(prev pt 6 div 3 hdg) renum R2 LA
Public health directions—revocation
s 117	am 2001 No 44 amdt 1.3407
Public health orders
s 118	am 2000 No 36 amdt 1.14; 2000 No 66 sch 1 pt 13
Public health alerts
pt 6A hdg	ins 2000 No 66 sch 1 pt 13
Public health alerts
s 118A	ins 2000 No 66 sch 1 pt 13
	sub 2001 No 44 amdt 1.3408
Drinking water and sewage processing
pt 6B hdg	ins 2000 No 66 sch 1 pt 13
Drinking water
div 6B.1 hdg	(prev pt 6B div 1 hdg) ins 2000 No 66 sch 1 pt 13
	renum R2 LA
Definitions for div 6B.1
s 118B	ins 2000 No 66 sch 1 pt 13
Relationship with other provisions of this Act
s 118C	ins 2000 No 66 sch 1 pt 13
Water processing health risk—public warning by utility
s 118D	ins 2000 No 66 sch 1 pt 13
	sub 2001 No 44 amdt 1.3409
Misleading information about water processing
s 118E	ins 2000 No 66 sch 1 pt 13
Provision of water processing information to chief health officer
s 118F	ins 2000 No 66 sch 1 pt 13
Contaminated drinking water provided by water utility
s 118G	ins 2000 No 66 sch 1 pt 13
Sewage
div 6B.2 hdg	(prev pt 6B div 2 hdg) ins 2000 No 66 sch 1 pt 13
	renum R2 LA
Definitions for div 6B.2
s 118H	ins 2000 No 66 sch 1 pt 13
Relationship with other provisions of this Act
s 118I	ins 2000 No 66 sch 1 pt 13
Sewage processing health risk—public warning by utility
s 118J	ins 2000 No 66 sch 1 pt 13
	sub 2001 No 44 amdt 1.3410
Misleading information about sewage processing
s 118K	ins 2000 No 66 sch 1 pt 13
Provision of sewage processing information to chief health officer
s 118L	ins 2000 No 66 sch 1 pt 13
Emergency declarations
s 119	am 2001 No 4 amdt 1.3411
Emergency actions and directions
s 120	am 2000 No 66 sch 1 pt 13
Compensation
s 122	am 2002 No 40 amdt 3.34
Investigation offences
s 129	am 2000 No 66 sch 1 pt 13
Decisions reviewable by administrative appeals tribunal
s 130	am 2000 No 36 s 6; 2001 No 66 amdt 2.14
Notification of reviewable decisions
s 131	am 2000 No 36 s 7; 2001 No 66 amdts 2.15-2.17
Codes of practice
s 133	am 2001 No 4 amdt 1.3412, amdt 1.3413
Determination of fees
s 137	am 2000 No 36 amdt 1.15, amdt 1.16
	sub 2001 No 44 amdt 1.3414
Approved forms
s 137A	ins 2001 No 44 amdt 1.3414
Regulation-making power
s 138	sub 2000 No 36 s 8
	(4)-(6) exp R1 (LR s 15 (1) (o) (iv))
	am 2000 No 66 sch 1 pt 13; 2001 No 44 amdt 1.3415, amdt 1.3416
Dictionary
dict	ins 2000 No 36 s 9
	2000 No 66 sch 1 pt 13
	def abatement notice reloc from s 5 2000 No 36 amdt 1.2
	def activity licence reloc from s 5 2000 No 36 amdt 1.2
	def analyst reloc from s 5 2000 No 36 amdt 1.2
	def authorisation reloc from s 5 2000 No 36 amdt 1.2
	def authorised medical officer reloc from s 5 2000 No 36 amdt 1.2
	def authorised officer reloc from s 5 2000 No 36 amdt 1.2
	def chief health officer reloc from s 5 2000 No 36 amdt 1.2
	def code of practice reloc from s 5 2000 No 36 amdt 1.2
	def contact reloc from s 5 2000 No 36 amdt 1.2
	def corresponding public health risk law reloc from s 5 2000 No 36 amdt 1.2
	def counsellor reloc from s 5 2000 No 36 amdt 1.2
	def defined influential person reloc from s 5 2000 No 36 amdt 1.2
	def determined fee reloc from s 5 2000 No 36 amdt 1.2
	om R2 LA
	def director reloc from s 5 2000 No 36 amdt 1.2
	def education reloc from s 5 2000 No 36 amdt 1.2
	def emergency declaration reloc from s 5 2000 No 36 amdt 1.2
	def emergency direction reloc from s 5 2000 No 36 amdt 1.2
	def functions reloc from s 5 2000 No 36 amdt 1.2
	om R2 LA
	def improvement notice reloc from s 5 2000 No 36 amdt 1.2
	def insanitary condition reloc from s 5 2000 No 36 amdt 1.2
	def medical practitioner reloc from s 5 2000 No 36 amdt 1.2
	def notifiable condition reloc from s 5 2000 No 36 amdt 1.2
	def pathologist reloc from s 5 2000 No 36 amdt 1.2
	def patient reloc from s 5 2000 No 36 amdt 1.2
	def place reloc from s 5 2000 No 36 amdt 1.2
	def premises reloc from s 5 2000 No 36 amdt 1.2
	def procedure licence reloc from s 5 2000 No 36 amdt 1.2
	def prohibition notice reloc from s 5 2000 No 36 amdt 1.2
	def public health reloc from s 5 2000 No 36 amdt 1.2
	def public health direction reloc from s 5 2000 No 36 amdt 1.2
	def public health officer reloc from s 5 2000 No 36 amdt 1.2
	def public health risk activity reloc from s 5 2000 No 36 amdt 1.2
	def public health risk procedure reloc from s 5 2000 No 36 amdt 1.2
	def responsible person reloc from s 5 2000 No 36 amdt 1.2
	def this Act om 2001 No 44 amdt 1.3417
	def transmissible notifiable condition reloc from s 5 2000 No 36 amdt 1.2
	def utility ins 2000 No 66 sch 1 pt 13
5	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.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 2000 No 36	23 October 2000	
2	Act 2001 No 44	12 September 2001	
3	Act 2001 No 66	10 March 2002	
4	Act 2002 No 11	29 May 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002