Northern Territory Numbered Acts

PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 (NO 7 OF 2011)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Definitions  
   5.      Precautionary principle  
   6.      Act binds Crown  
   7.      Application of Criminal Code  

   PART 2--PUBLIC HEALTH RISK ACTIVITIES

           Division 1--General matters

   8.      Application of Part  
   9.      Declaration of public health risk activities  

           Division 2--Registration of businesses carrying out declared activities

   10.     Business required to be registered  
   11.     Application for registration  
   12.     Grant or refusal of registration  
   13.     Conditions of registration  
   14.     Compliance with conditions by proprietor  
   15.     Compliance with conditions by mobile operator  
   16.     Term of registration  
   17.     Renewal of registration  
   18.     Display of registration notice  
   19.     Registration non-transferable  
   20.     Variation of conditions of registration  
   21.     Cancellation of registration  
   22.     Applying for registration after cancellation  
   23.     Changes relating to registered business to be notified  
   24.     CHO to be notified of sale or disposal of business  

   PART 3--PUBLIC HEALTH NUISANCES

   25.     Public health nuisance and its source  
   26.     Causing or permitting public health nuisance  
   27.     Complaint about public health nuisance  
   28.     Investigation of complaint  

   PART 4--PUBLIC HEALTH NOTICES AND ORDERS

           Division 1--Public health notices

   29.     Issue of public health notice  
   30.     Compliance with public health notice  
   31.     Duration of public health notice  

           Division 2--Public health orders

   32.     Issue of public health order  
   33.     Duration of public health order  
   34.     Compliance with public health order  
   35.     Display of public health order  
   36.     Enforcement of public health order  

           Division 3--Extension and cancellation

   37.     Extension of period for compliance with public health notice or order  
   38.     Cancellation of public health notice or order  

   PART 5--SPECIAL POWERS

           Division 1--Conduct of inquiries

   39.     Establishment of inquiry  
   40.     Procedure of inquiry  
   41.     Powers of inquirer  
   42.     Report of inquiry  
   43.     Directions by inquirer  
   44.     Misleading information and documents  
   45.     Contempt of inquiry  
   46.     Protection and immunity from liability  

           Division 2--Emergency powers

   47.     Application of Division  
   48.     Declaration of public health emergency  
   49.     Content of declaration  
   50.     Duration of declaration  
   51.     Notification or extension of declaration  
   52.     CHO's emergency powers  
   53.     Appointment and powers of authorised officer during public health emergency  
   54.     Record of action taken during public health emergency  
   55.     Report on public health emergency  
   56.     Contravention of emergency declaration or direction  
   57.     Limitation on stay of operation of emergency powers  

           Division 3--Powers relating to things that threaten public health

   58.     Dealings with certain things  
   59.     Removal and destruction of things  

           Division 4--Power to take action

   60.     Action taken if direction, public health notice or order contravened  
   61.     Action if public health nuisance exists  
   62.     CHO may authorise entry and work  

           Division 5--Health information

   63.     CHO may obtain health information  
   64.     Use of health information  
   65.     Register of health information  

   PART 6--ADMINISTRATION

           Division 1--Chief Health Officer

   66.     Establishment of office  
   67.     Appointment of CHO  
   68.     Powers and functions  
   69.     Delegation  

           Division 2--Enforcement agencies

   70.     Appointment of enforcement agency  
   71.     Delegation to agency  
   72.     Powers and functions  
   73.     Fees and charges  
   74.     Appointment of authorised officers  
   75.     Failure by enforcement agency to act  

           Division 3--Authorised officers

   76.     Who is authorised officer  
   77.     Qualifications for appointment  
   78.     Identity card  
   79.     Functions and powers  

           Division 4--Powers of entry, inspection, seizure

   80.     Entry, inspection and seizure  
   81.     Warrants  
   82.     Obtaining warrant by telephone or other electronic method  
   83.     Entering Aboriginal land  
   84.     Requirement to provide information  
   85.     Requirement to produce documents or things  
   86.     Failing to comply with requirement of authorised officer  
   87.     Obstructing and threatening authorised officer  
   88.     False representation  

           Division 5--Seizure and forfeiture of things

              Subdivision 1--Seizure

   89.     Detention of thing seized  
   90.     Notification of seizure of thing  
   91.     Return of thing seized  

              Subdivision 2--Order disallowing seizure

   92.     Application for order disallowing seizure  
   93.     CHO entitled to answer application  
   94.     Order disallowing seizure of seized thing  
   95.     Ancillary orders  
   96.     Adjournment pending hearing of other proceedings  

              Subdivision 3--Forfeiture

   97.     Forfeiture of seized thing  
   98.     Destruction or disposal of forfeited thing  
   99.     Return of forfeited thing  
   100.    Compensation to be paid in certain circumstances  

   PART 7--GUIDELINES AND STANDARDS

   101.    Guidelines  
   102.    Standards  
   103.    Inspection and purchase of copies of guidelines, standards and related documents  

   PART 8--REVIEWS AND APPEALS

   104.    Reviewable decisions and affected persons  
   105.    Review by CHO  
   106.    Appeal against decision on review  
   107.    Appeal against decision relating to emergency declaration  
   108.    Conduct of appeal  
   109.    Operation and implementation of decision pending review or appeal  

   PART 9--GENERAL OFFENCES AND PROCEDURAL MATTERS

           Division 1--General offences

   110.    Contravention of exemption  
   111.    Bribery  
   112.    Confidentiality of information  
   113.    Misleading information and documents  

           Division 2--Criminal liability for offences

   114.    Definitions  
   115.    Liability of representative  
   116.    Conduct of representative  
   117.    Criminal liability of partner in partnership  
   118.    Criminal liability of manager of unincorporated association  
   119.    Criminal liability of executive officer of body corporate  

           Division 3--Legal proceedings

   120.    Who may start proceedings under Act  
   121.    When proceedings under Act started  
   122.    Offender liable for certain costs  
   123.    Publication of names of offenders and other information  

   PART 10--MISCELLANEOUS MATTERS

   124.    Approved forms  
   125.    Administering Agency registers  
   126.    Information in Administering Agency registers  
   127.    Inspection of Administering Agency registers  
   128.    Enforcement agency registers  
   129.    Exemption from application of Act  
   130.    Powers of police officers  
   131.    Protection from liability  
   132.    Acquisition on just terms  
   133.    Regulations  

   PART 11--REPEALS AND TRANSITIONAL MATTERS

           Division 1--Repeal of Acts

   134.    Acts repealed  

           Division 2--Transitional matters for Public and Environmental Health Act 2011

   135.    Definitions  
   136.    Registration of business carrying out declared activity  
   137.    Appointments  
   138.    Notices under section 7C  
   139.    Regulations and other instruments  

   PART 12--CONSEQUENTIAL AMENDMENTS

   140.    Acts amended  
   141.    Public Health (Barbers' Shops) Regulations amended  
   142.    Public Health (General Sanitation, Mosquito Prevention, Rat Exclusion and Prevention) Regulations amended  
   143.    Public Health (Night-soil, Garbage, Cesspits, Wells and Water) Regulations amended  
   144.    Public Health (Noxious Trades) Regulations amended  
   145.    Public Health (Nuisance Prevention) Regulations amended  
   146.    Public Health (Shops, Boarding-houses, Hostels and Hotels) Regulations amended  
   147.    Other regulations amended  
   148.    Expiry of Part  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4