Australian Capital Territory Numbered Regulations

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- made under the Public Health Act 1997

    DICTIONARY     (See reg 3)

"abnormal", in relation to test results, means test results that indicate abnormal cell development and appearances in the cervix of the uterus.
"approved form"—see regulation 94.
"authorised officer"—see Public Health Act 1997, subsection 5 (1).
"authorised medical officer"—see Public Health Act 1999, subsection
5 (1).
"building" includes a house or place.
"cancer" means a malignant growth of human tissue that has the potential to invade tissue beyond its site of origin (other than a basal cell carcinoma, or a squamous cell carcinoma, of the skin), and includes leukaemia.
"cancer register"—see regulation 46.
"cervical cancer" means a malignant growth of human tissue in the cervix of the uterus that has the potential to invade tissue beyond its site of origin.
"Cervical Cytology Register"—see regulation 25.
"cervical smear" means cells scraped from the cervix of a woman for the purpose of cytological examination to determine whether she has cervical cancer or a precursor to cervical cancer.
cervical tissue means cervical tissue taken from a woman to determine whether she has cervical cancer.
"chemical toilet" means a toilet in which or connected to which there is a receptacle of watertight material containing a chemical which decontaminates and deodorises all urine and faeces put in it.
"child care centre"—see regulation 7.
"contact", in relation to a disease or condition, means a person who—

        (a)     has been or may have been a source of infection to a person suffering from the disease or condition; or

        (b)     has been or may have been exposed to infection by a person with the disease or condition.

"disallowable instrument"—see "Interpretation Act 1967", dictionary.
doctor—see "Interpretation Act 1967", dictionary.
domestic bird includes fowl, ducks, geese, turkey, guinea fowl and pigeons.
"drug" means any substance used for or in the composition of medicine for internal or external use by a person, and includes anaesthetics, antiseptics, cosmetics, deodorants, disinfectants, dusting powders, essences, germicides, narcotics, preservatives, soaps, unguents, vaccines and toilet articles not listed here.
"equipment" means equipment used for preparing, storing, supplying or transporting drugs, or for keeping drugs free from contamination for the purposes of preparation, supply or transport, and includes the following:

        (a)     storage containers;

    (b)     implements and tools of trade;

    (c)     benches, fittings, appliances and machines;

        (d)     vehicles for transporting drugs.

health practitioner means—

        (a)     a doctor; or

        (b)     a general nurse who is a registered nurse under the Nurses Act 1988.

home-based care is care provided by someone for monetary or other consideration at a home if the provision of care does not amount to a transfer of parental responsibility.
"immunisation"—see regulation 4.
"immunisation record" means a record of immunisation in the approved form.
"insanitary condition"—see Public Health Act 1997", subsection 5 (1)."
label means a label, tag, brand, mark or statement in writing, including pictorial or other descriptive matter.
"laboratory" means a place (within or outside the Territory) at which any of the following examinations are undertaken:

        (a)     pathological (cytology) examinations of cervical smears;

        (b)     pathological (histology) examinations of cervical tissue;

        (c)     any other examinations for the detection of cancer.

"management committee"—see regulation 31.
"medical record"—see regulation 89.
"non-immunised child", for a vaccine preventable disease, means—

        (a)     a child who does not have an immunisation record for the disease; or

        (b)     a child whose immunisation record for the disease indicates that the child is not immunised against the disease.

"occupier"—see Public Health Act 1997, subsection 5 (2).
"package" includes any means by which goods are encased, covered, enclosed, contained or packed.
pathology request form means a pathology request form requesting a pathological (cytology) examination of a cervical smear or a pathological (histology) examination of cervical material.
"person in charge", of a school, means—

        (a)     the principal teacher; or

        (b)     if the school does not have a principal teacher—the person with the most senior administrative responsibility for the school.

"place "means premises or land.
"pre-secondary school" means a child care centre, preschool, kindergarten or primary school.
"premises "includes a vehicle, vessel or aircraft, and a permanent or temporary structure.
"prepare" a drug means to prepare the drug for supply, and includes manufacture, manipulate, handle (including with implements), pack and dispense.
"private hospital"—see regulation 78.
"proprietor", of a private hospital, means the person to whom a certificate of registration of the private hospital is given under these regulations.
"refusal of consent marker", on a pathology request form, means a clearly visible marker that may be placed on the form to indicate that the cervical cancer information about the woman is not to be registered on the cervical cancer register.
"registered nurse"—see Nurses Act 1988, section 3.
registrable information"—see regulation 22.
, for a person, means responsible for the person's care, support or education.
"return to school notice"—see subregulation 13 (5).
"school" includes—

        (a)     a child care centre; and

        (b)     a preschool; and

        (c)     a primary, secondary, technical or private school or a secondary college.

"school health direction"—see subregulation 13 (2).
"septic tank" means a tank or series of tanks for the sedimentation, disintegration or digestion of sewage.
sewerage system means the sewerage system in the Territory.
store "means store drugs for supply.
means supply to the public, or supply by wholesale, and includes—

        (a)     offer for sale; and

        (b)     expose for sale; and

        (c)     barter (or offer or expose for barter); and

        (d)     exchange (or offer or expose for exchange); and

        (e)     supply for value (or offer or expose for supply for value); and

        (f)     supply for free (or offer or expose for supply for free).

"test results", for a woman, means the results of—

        (a)     a pathological (cytology) examination of a cervical smear taken from her; or

        (b)     a histological examination of cervical tissue taken from her.

"toilet" means a structure for receiving human urine or faeces, and includes a flushing toilet, chemical toilet and composting toilet.
"transmissible notifiable condition"—see Public Health Act 1997", subsection 5 (1).
includes attendance and care.
"transport "a drug means transport the drug for preparation, storage or supply.
vaccine preventable disease—see regulation 5.



1 Notified in the Gazette on 14 January 2000.

Penalty units

2 See section 33AA of the Interpretation Act 1967 and section 9 of the Subordinate Laws Act 1989.

© Australian Capital Territory 2003



The Australian Capital Territory Executive makes the following regulations under the Public Health Act 1997.

Dated 13 January 2000.





Public Health Regulations 2000

Subordinate Law 2000 No 1






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