Australian Capital Territory Repealed Acts

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This legislation has been repealed.

SKIN PENETRATION PROCEDURES ACT 1994


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Skin Penetration Procedures Act 1994.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      (1) In this Act, unless the contrary intention appears—“appliance” means the whole or part of any utensil, machinery, instrument, device, apparatus or article used, or intended to be used, in or in connection with—  
   4.      In this Act, “prescribed business” means—  

   PART II--ADMINISTRATION

   5.      (1) There shall be 1 or more authorised officers for the purposes of this Act.  
   6.      (1) The Chief Executive shall issue to each person who is an authorised officer by virtue of paragraph 5 (3) (a) an identity card that specifies the name and appointment of the person and on which appears a recent photograph of the person.  

   PART III--CODES OF PRACTICE

   7.      (1) The Minister may determine a code of practice dealing with any matter—  
   8.      A code of practice is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.  
   9.      (1) The Minister shall publish in the Gazette and in a daily newspaper printed and published in the Territory a notice of each determination under subsection 7 (1)—  
   10.     A person shall not, without reasonable excuse, for fee or reward or as an employee, perform a skin penetration procedure, except in accordance with an applicable code of practice.  

   PART IV--LICENCES

   12.     (1) A person shall not, except in accordance with a business licence under this Part, carry on a prescribed business.  
   13.     (1) Subject to this section, a person who does not hold an operator's licence under this Part shall not perform a skin penetration procedure for fee or reward or as an employee.  
   14.     (1) Application may be made to the Minister for a business licence.  
   15.     (1) Application may be made to the Minister for an operator's licence.  
   16.     The Minister may, by written notice, require an applicant for a licence to provide in writing such further information relating to the application as is specified in the notice.  
   17.     (1) Where an application for a licence has been made in accordance with section 14, the Minister shall, subject to section 18, by notice in writing given to the applicant—  
   18.     A business licence shall not be granted in respect of premises that, at the date of the application, have not been completed or are being altered until the Minister is satisfied that the premises or alterations, as the case requires, have been completed.  
   19.     (1) Where an application for a licence has been made in accordance with section 15, the Minister shall, by notice in writing given to the applicant—  
   20.     (1) The holder of a business licence shall ensure that the licence is available for inspection at the premises specified on the licence upon request by an authorised officer at any reasonable time.  
   21.     (1) Subject to subsection (2), a licence remains in force until it is cancelled.  
   22.     (1) A licensee may surrender a licence by giving to the Minister—  
   23.     (1) A licensee shall, on or before the anniversary of the grant of the licence, pay to the Minister the determined fee.  
   24.     (1) A holder of a business licence shall not, without the approval of the Minister—  
   25.     (1) On application by a licensee, the Minister shall, if satisfied that it is not prejudicial to the interests of public health to do so, vary the licence accordingly.  
   26.     (1) For the purposes of this section, a licence may be suspended or cancelled on any of the following grounds:  
   27.     (1) A licence may be suspended on any of the following grounds:  
   28.     (1) Where an authorised officer gives to a licensee a prohibition notice that contains a direction under paragraph 51 (1) (f) or (2) (a), the licensee's licence is, by virtue of this subsection, suspended.  
   29.     (1) A person whose licence has been varied, 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 variation, suspension or cancellation, as the case requires.  
   30.     A person who is not a licensee shall not falsely represent that he or she holds a licence.  
   31.     A licensee whose licence is under suspension shall not represent that he or she holds a licence without disclosing that the licence is under suspension.  

   PART V--INSPECTION

   32.     (1) In this Part—“identity card” includes, in the case of a person who is an authorised officer by virtue of paragraph 5 (3) (b), an identity card issued under the Public Health Act 1928.  
   33.     (1) An authorised officer who believes on reasonable grounds that it is necessary to do so for the purposes of this Act may, with the consent of the occupier, enter prescribed premises with such assistance as is reasonable.  
   34.     (1) Before obtaining the consent of a person for the purposes of subsection 33 (1), an authorised officer shall—  
   35.     Subject to this Part, where an authorised officer enters any premises in accordance with this Part, he or she may—  
   36.     (1) A person shall not, without reasonable excuse—  
   37.     A person shall not knowingly provide false information to an authorised officer in relation to an offence against this Act or the regulations.  
   38.     An authorised officer who seizes anything under paragraph 35 (e) shall, within 24 hours, give—  
   39.     (1) Anything seized by an authorised officer in accordance with this Part may, at the option of the authorised officer, be detained on the premises where it was found and for that purpose it may—  
   40.     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.  
   41.     (1) This section applies where a thing has been seized under this Part and—  
   42.     (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.  
   43.     The authorised officer on whom an application under section 42 has been served is entitled to appear as respondent at the hearing of an application made under subsection 42 (1).  
   44.     On the hearing of an application made under section 42, the court shall make an order disallowing the relevant seizure—  
   45.     (1) In the event that the court makes an order disallowing the seizure of a thing, it shall also make 1 or both of the following orders, namely:  
   46.     If, on the hearing of an application made under section 42, it appears to the court that the thing that is the subject of the application is required to be produced in evidence in proceedings in connection with an offence against this Act or the regulations, the court may, on the application of the respondent or on its own motion, adjourn the hearing until the conclusion of those proceedings.  
   47.     Where—  
   48.     (1) Where—  
   49.     (1) Where an authorised officer has seized a thing under this Part and detained it on premises pursuant to section 39, a person who, without the permission of an authorised officer, removes, breaks, opens or interferes with the thing is guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for 6 months, or both.  

   PART VI--IMPROVEMENT AND PROHIBITION NOTICES

   50.     (1) Where an authorised officer believes on reasonable grounds that a person who holds a business licence is contravening or likely to contravene—  
   51.     (1) Where an authorised officer believes on reasonable grounds that—  
   52.     (1) An authorised officer shall, on his or her own motion or on application by the licensee, revoke an improvement notice or a prohibition notice, if satisfied after carrying out an inspection in relation to the matters in respect of which the relevant notice was issued—  
   53.     A person to whom—  

   PART VII--REVIEW OF DECISIONS

   54.     (1) An application may be made to the Tribunal for review of a decision of the Minister—  

   PART VIII--MISCELLANEOUS

   55.     The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act and the regulations.  
   56.     Where—  
   57.     (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—  
   58.     Where a company is convicted of an offence against this Act or the regulations, the penalty that a court may impose in respect of the offence is a fine not exceeding 5 times the maximum fine that, but for this section, the court could impose as a penalty for the offence.  
   59.     (1) The Executive may make regulations for the purposes of this Act.  


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