New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 134

134 Regulations

(cf 1991 Act, s 82)

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

Note : Section 100 requires a code of conduct prescribed by the regulations under that section to have undergone public consultation before the regulation is made.

(2) In particular, the regulations may make provision for or with respect to any of the following--

(a) the prevention, mitigation and eradication of risks to public health,

(b) the places at which, and the conditions subject to which, a person may be detained under a public health order,

(c) regulating public health standards for public swimming pools and spa pools and premises where skin penetration procedures are carried out, including standards for cleanliness, hygiene and infection control,

(d) the closure of public swimming pools and spa pools for any period during which they are a risk to public health,

(e) the installation, operation, maintenance and inspection of a regulated system,

(f) the functions (including powers of entry and inspection) of local government authorities and authorised officers in relation to a regulated system,

(g) the directions that, in relation to a regulated system, may be given by a local government authority or an authorised officer during, or as a result of, an investigation of an occurrence of Legionnaires' disease,

(h) compliance with directions referred to in paragraph (g),

(i) the provision of information by the owner or occupier of premises in relation to a regulated system which is installed on the premises,

(j) the provision and keeping of operation manuals, and maintenance manuals, for a regulated system,

(k) the keeping of records, and the making of reports, in relation to a regulated system,

(l) the provision of information by the owner or occupier of premises at which a public swimming pool or spa pool is situated,

(m) the provision of information by persons who carry out skin penetration procedures,

(n) the cases in which, the manner in which, and the conditions under which, cremations of human remains may take place,

(o) matters preliminary to, and consequential on, cremations of human remains,

(p) other public health matters relating to the disposal and handling of human remains,

(q) the registration of cremations and burials and (with any necessary modifications) the application to the registration of cremations of the provisions of any other Act, or of any law, in force in relation to the registration of a burial of the body of a deceased person,

(r) the embalming, interment, disposal and exhumation of the bodies of deceased persons,

(s) the preparation rooms, equipment and apparatus in mortuaries, crematories and cemeteries, and any other matter relating to mortuaries, crematories and cemeteries that is for the protection of the health of the public,

(t) the inspection of mortuaries, crematories and cemeteries and of premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,

(u) the records to be kept in relation to mortuaries, crematories and cemeteries, and the inspection of records (including the making of copies or extracts from such records by or for authorised officers and the public), equipment and apparatus in mortuaries, crematories and cemeteries or premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,

(v) the fees that may be charged for the cremation of human remains, for the preservation or disposal of the ashes and for related services,

(w) the payment of specified fees in relation to applications made, approvals given, improvement notices and prohibitions orders given, and other matters arising, under this Act (including in relation to the exercise of functions by local government authorities and authorised officers).

(2A) The regulations may provide for the Secretary to exempt, with or without conditions, a person or class of persons from a provision of the regulations about a matter specified in subsection (2)(n)-(v).

(3) A regulation may apply, adopt or incorporate a publication as in force for the time being.

(4) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.