Australian Capital Territory
Public Health (Fees) Determination 2016 (No 1)

Disallowable instrument DI2016-285
made under the
Public Health Act 1997, s 137 (Determination of fees)

1	Name of instrument
This instrument is the Public Health (Fees) Determination 2016 (No 1).

2	Commencement 
This instrument commences on 1 January 2017.

3	Determination of fees
I determine the fees for the Public Health Act specified in Schedules 1 to 5. The fee payable in respect of each matter listed in column 2 of a schedule is the amount listed for that item in column 4.

4	Payment of fees
A fee listed in a schedule is payable to the Territory by the person identified in column 3 of a schedule.

The fees are exempt from Goods and Services Tax under Division 81 of A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

5	Refunding of fees 
Column 5 of the schedules specifies what amount, if any, of a fee identified in column 4 is non‑refundable.  

A non‑refundable amount is included to cover the costs associated with the processing and administration of an application. 

6	Licence and registration terms
The amounts listed in column 4 are based on a 1 year licence or registration.  

Subject to some limitations, licences and registrations can also be issued for longer terms, up to a maximum duration of three years.  Where a longer term is granted, the applicable fee in column 4 is multiplied to correspond with the term of the licence or registration.  

For example, the fee payable for a two year licence is twice the fee specified in column 4.  

7	Definitions 
	The following terms apply to the Schedules: 	

charity means a charity endorsed under subdivision 50-B of the Income Tax Assessment Act 1997 (Commonwealth)

community pharmacy means a community pharmacy as defined by the Medicines, Poisons and Therapeutic Goods Act 2008

dentist means a dentist as defined by the Legislation Act 2001

medical practitioner means a medical practitioner as defined by the Legislation Act 2001. 
8	Revocation 
This instrument revokes DI2015-293 on 1 January 2017.

Meegan Fitzharris MLA
Minister for Health

1 December 2016
SCHEDULE 1

LICENSABLE PUBLIC HEALTH RISK ACTIVITY – INFECTION CONTROL - FEES

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
29	Application for licensable public health risk activity of infection control	Owner of the licensed premises to which the application relates	$179 per premises	$54	
		Owner of the licensed premises to which the application relates and is a medical practitioner who: 
(i)	has been accredited against the Royal Australian College of General Practitioners Standards for Accreditation by an accreditation authority authorised by the Commonwealth Department of Health and Ageing; and
(ii)	holds an accreditation certificate that is current the day the licence takes effect.	Nil	Not Applicable	
		Owner of the licensed premises to which the application for licence relates who is a charity	Nil	Not Applicable	

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable 
	Non-refundable portion of fee	
33	Renewal of licensable public risk activity licence for infection control	Owner of the licensed premises to which the renewal of the licence relates	$179 per premises	$54	
		Owner of the licensed premises to which the renewal of the licence relates and is a medical practitioner who:
(i)	has been accredited against the Royal Australian College of General Practitioners Standards for Accreditation by an accreditation authority authorised by the Commonwealth Department of Health and Ageing; and
(ii)	holds an accreditation certificate that is current the day the licence takes effect.	Nil	Not Applicable	
		Owner of the licensed premises to which the renewal of licence relates who is a charity 	Nil	Not Applicable	

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
36	Transfer of public health risk activity licence for infection control	Proposed owner of the premises to which the licence is being transferred	$73 per premises	$54	
		Proposed owner of the premises to which the licence is being transferred and is a medical practitioner who:
(i)	has been accredited against the Royal Australian College of General Practitioners Standards for Accreditation by an accreditation authority authorised by the Commonwealth Department of Health and Ageing; and
(ii)	holds an accreditation certificate that is current the day the licence takes effect.	Nil	Not Applicable	
		Proposed owner of the premises to which the licence is being transferred who is a charity 	Nil	Not Applicable	

SCHEDULE 2

LICENSABLE PUBLIC HEALTH RISK ACTIVITY – HEALTH CARE FACILITIES - FEES

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
29	Application for licensable public health risk activity for the operation of a health care facility	Occupier of the premises to which the application relates	$599 per premises that has less than 200 beds and is accredited
	$108	
			$1,197 per premises that has more than, or equal to, 200 beds and is accredited
	$216	
			$896 per premises that is not accredited
	$216	
			$239 per premises operated by a sole dentist	$108	
33	Renewal of licensable public risk activity licence for the operation of a health care facility	Occupier of the licensed premises to which the renewal of the licence relates	$599 per premises that has less than 200 beds and is accredited
	$108	
			$1,197 per premises that has more than, or equal to, 200 beds and is accredited
	$216	
			$896 per premises that is not accredited
	$216	
			$239 per premises operated by a sole dentist	$108	

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
36	Transfer of public health risk activity licence for the operation of a health care facility	Proposed occupier of the licensed premises and to which the licence is being transferred	$73 per premises	$54	

SCHEDULE 3

LICENSABLE PUBLIC HEALTH RISK ACTIVITY – OPERATION OF A DRINKING WATER UTILITY - FEES

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
29	Application for licensable public health risk activity for the operation of a drinking water utility providing greater than one (1) gigalitre of drinking water	Owner or manager of the drinking water utility to which the licence application relates	$74,289	$2,266	
33	Renewal of licensable public risk activity licence for the operation of a drinking water utility providing greater than one (1) gigalitre of drinking water	Owner or manager of the drinking water utility to which the renewal of the licence relates	$74,289	$2,266	
29	Application for licensable public health risk activity for the operation of a drinking water utility providing twenty (20) megalitres or less of drinking water	Owner or manager of the drinking water utility to which the licence application relates	$742	$130	
33	Renewal of licensable public risk activity licence for the operation of a drinking water utility providing twenty (20) megalitres or less of drinking water	Owner or manager of the drinking water utility to which the renewal of the licence relates	$742	$130	

SCHEDULE 4

REGISTRABLE PUBLIC HEALTH RISK ACTIVITY – COOLING TOWERS AND WARM WATER STORAGE SYSTEM - FEES

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
56F	Application for registrable public health risk activity of cooling towers and warm water storage systems	Owner or manager of the cooling tower or warm water storage system to which the registration application relates	$300 per cooling tower or warm water storage system	$162	
		Owner or manager of the cooling tower or warm water storage system to which the registration application relates that is a charity	Nil	Not Applicable	
56K	Renewal of registrable public risk activity of cooling towers and warm water storage systems	Owner or manager of the cooling tower or warm water storage system to which the registration renewal relates	$300 per cooling tower or warm water storage system	$162	
		Owner or manager of the cooling tower or warm water storage system to which the registration renewal relates that is a charity	Nil	Not Applicable	
56M	Transfer of public health risk activity registration for cooling towers or warm water storage systems	Owner or manager of the cooling tower or water storage system to which the registration is being transferred	$73 per cooling tower or warm water storage system	$54	
		Owner or manager of the cooling tower or water storage system to which the registration is being transferred who is a charity	Nil	Not Applicable	

SCHEDULE 5

LICENSABLE PUBLIC HEALTH RISK ACTIVITY – COMMUNITY PHARMACY - FEES

Column 1	Column 2	Column 3	Column 4	Column 5	
Section	Description of matter for which fee is payable	Payable By	Fee Payable	Non-refundable portion of fee	
29	Application for licensable public health risk activity for the operation of a community pharmacy	Owner of the licensed premises to which the application relates	$578 per premises	$162	
33	Renewal of licensable public health risk activity licence for the operation of a community pharmacy	Occupier of the licensed premises to which the renewal of the licence relates	$578 per premises	$162	
36	Transfer of public health risk activity licence for the operation of a community pharmacy	Proposed occupier of the premises to which the licence is being transferred	$346 per premises	$108	

The fees determined are based on a 1 year licence or registration.  Subject to some limitations, licences and registrations can also be issued for longer terms, up to a maximum duration of three years.  Where a longer term is granted, the determined fee is multiplied to correspond with the term of the licence or registration.  For example, the fee payable for a two year licence is twice the fee specified in column 4.  For a three year registration, the fee in column 4 is multiplied by three.

For every licence or registration for which a fee is payable, there is a non‑refundable amount that has been included to cover the costs associated with the processing and administration of the application. Such costs are incurred by the regulator irrespective of whether a licence or registration is granted or refused.  The non-refundable portion of the fee is not affected by the term of the licence or registration.  Accordingly, the fee to be paid for a three year licence will have the same non-refundable amount as a one year licence.