Australian Capital Territory Numbered Acts

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PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997)


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Public Health Act 1997.  
   2.      Commencement  
   3.      Repeal of Public Health Act 1928  
   4.      Objectives  
   5.      Interpretation  
   6.      Construction consistent with certain other laws  

   PART II--STATUTORY OFFICES CHIEF HEALTH OFFICER

   7.      (1) The Minister shall, by instrument, appoint a person to be the Chief Health Officer.  
   8.      Acting Chief Health Officer  
   9.      Functions of Chief Health Officer  
   10.     Biennial reporting by Chief Health Officer  
   11.     Delegation by Chief Health Officer  
   12.     Public Health Officers  
   13.     Authorised Medical Officers  
   14.     Functions of Public Health Officers and Authorised Medical Officers  
   15.     (1) There may be 1 or more Analysts for the purposes of this Act.  
   16.     Identity cards  
   17.     Protection from liability  

   PART III--PUBLIC HEALTH RISK ACTIVITIES ANDPUBLIC HEALTH RISK PROCEDURES

   18.     (1) The Minister may, by instrument, 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.  
   19.     Differential fees  
   20.     Compliance with Codes of Practice  
   21.     Activity licences—offences  
   22.     Exemption—activity accreditation schemes  
   23.     Procedure licences—offences  
   24.     Exemption—procedure accreditation schemes  
   25.     False representations  
   26.     Alteration of premises and appliances  
   27.     Ministerial approvals  
   28.     Inspection  
   29.     (1) A person may apply to the Minister for a licence to carry on a public health risk activity.  
   30.     Activity licence—grant or refusal  
   31.     Activity licence—form  
   32.     Activity licence—duration  
   33.     Activity licence—renewal  
   34.     Activity licence—variation  
   35.     Activity licence—return for endorsement of variation  
   36.     Activity licence—application for transfer  
   37.     Activity licence—grant or refusal of transfer  
   38.     Activity licence—surrender  
   39.     Activity licence—suspension and cancellation  
   40.     Activity licence—emergency suspension  
   41.     Activity licence—automatic suspension  
   42.     Activity licence—return of defunct licences  
   43.     (1) A person may apply to the Minister for a licence to perform a public health risk procedure.  
   44.     Procedure licence—further information  
   45.     Procedure licence—grant or refusal  
   46.     Procedure licence—form  
   47.     Procedure licence—annual fees  
   48.     Procedure licence—suspension and cancellation for failure to pay annual fee  
   49.     Procedure licence—variation  
   50.     Procedure licence—return for endorsement of variation  
   51.     Procedure licence—duration  
   52.     Procedure licence—surrender  
   53.     Procedure licence—suspension and cancellation  
   54.     Procedure licence—emergency suspension  
   55.     Procedure licence—automatic suspension  
   56.     Procedure licence—return of defunct licences  
   57.     A person to whom an improvement notice is issued shall not, without reasonable excuse, fail to comply with the notice.  
   58.     Improvement notice—issue  
   59.     Improvement notice—extension of compliance period  
   60.     Improvement notice—revocation  
   61.     (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—  
   62.     Prohibition notice—extension of compliance period  
   63.     Prohibition notice—display  
   64.     Prohibition notice—implementation  
   65.     Prohibition notice—revocation  
   66.     Prohibition orders  

   PART IV--INSANITARY CONDITIONS OFFENCE--INSANITARY CONDITIONS

   67.     A person shall not—  
   68.     Complaints about insanitary conditions  
   69.     Abatement notices—issue  
   70.     Abatement notice—extension of compliance period  
   71.     Abatement notice—implementation  
   72.     Abatement notice—revocation  
   73.     Abatement orders  
   74.     Joint and several responsibility for insanitary conditions  

   PART V--INSPECTION AND ANALYSIS

   75.     (1) For the purposes of this Part, a thing is connected with a particular offence if—  
   76.     Entry  
   77.     Consent to entry  
   78.     Powers upon entry  
   79.     Power to require name and address  
   80.     Search warrants  
   81.     Warrants by telephone or other electronic means  
   82.     Obstruction of authorised officers  
   83.     False information  
   84.     (1) An authorised officer who seizes anything under this Part shall, as soon as practicable, give a seizure notice to—  
   85.     Storage of things seized in situ  
   86.     Interference with seized things  
   87.     Access to seized records  
   88.     Return of seized things  
   89.     Court orders for relief against seizure  
   90.     Forfeiture  
   91.     Cost of destruction or disposal of things forfeited  
   92.     Destruction of contaminated items  
   93.     (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.  
   94.     Notice of taking of sample  
   95.     Analysis  
   96.     Certificate evidence of analysis  
   97.     Time limit for certain prosecutions  
   98.     Prohibited use of analysis  

   PART VI--NOTIFIABLE CONDITIONS AND PUBLIC HEALTH HAZARDS

   99.     This Part shall be construed and administered in accordance with the following principles:  
   100.    Notifiable conditions—Ministerial determination  
   101.    Notifiable conditions—temporary status  
   102.    Medical practitioners  
   103.    Pathologists  
   104.    Hospitals  
   105.    Notification by responsible persons  
   106.    Notification by affected persons—notifiable conditions  
   107.    Unauthorised assertions  
   108.    Authorised notification of contacts  
   109.    Use of notified information  
   110.    Disclosure of information—persons with notifiable conditions  
   111.    Disclosure of information—medical practitioners, pathologists, hospitals  
   112.    Notification of public health hazards  
   113.    Public health directions—issue  
   114.    Public health directions—notice to medical practitioner  
   115.    Public health directions—extension of compliance period  
   116.    Public health direction—implementation  
   117.    Public health directions—revocation  
   118.    Public health orders  

   PART VII--PUBLIC HEALTH EMERGENCIES EMERGENCY DECLARATIONS

   119.    (1) The Minister may, in writing, declare a public health emergency if satisfied that it is justified in the circumstances.  
   120.    Emergency actions and directions  
   121.    Emergency powers  
   122.    Compensation  
   123.    Reports on emergencies  

   PART VIII--PUBLIC HEALTH INVESTIGATIONS

   124.    Investigations  
   125.    Procedure  
   126.    Powers  
   127.    Reports  
   128.    Protection and immunity  
   129.    Investigation offences  

   PART IX--REVIEW AND APPEALS REVIEW OF DECISIONS

   130.    Application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions of the Minister:  
   131.    Notification of decisions  
   132.    Appeals  

   PART X--MISCELLANEOUS CODES OF PRACTICE

   133.    (1) The Minister may, by instrument, determine Codes of Practice setting out minimum standards or guidelines for the purposes of this Act.  
   134.    Environmental Assessments and Inquiries  
   135.    Evidence—records, costs and expenses  
   136.    Conduct of directors, servants and agents  
   137.    Determination of fees  
   138.    Regulations  


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