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PUBLIC HEALTH ACT 2005 - SECT 427
Approved inspection program
(1) The chief executive or a chief executive officer may approve a program (an
"approved inspection program" ) under which authorised persons may enter
places to monitor compliance with a regulation made under section 61 .
(2)
The chief executive may approve a program only if— (a) the regulation under
section 61 is to be administered and enforced by the State only; or
(b) the
regulation under section 61 is to be administered and enforced by local
governments only and the chief executive— (i) has agreed to do the thing in
the administration or enforcement of this Act under section 14 ; or
(ii) is
acting under section 15 in relation to the regulation.
(3) A chief executive
officer of a local government may approve a program for the local
government’s area only if— (a) the regulation under section 61 is to be
administered and enforced by local governments only; or
(b) if the regulation
under section 61 is to be administered and enforced by the State only, the
local government has agreed to do a thing in the administration or enforcement
of this Act under section 14 .
(4) An approved inspection program must be a
selective inspection program or systematic inspection program.
(5) A
selective inspection program provides for the selection, in accordance with
the chief executive’s or chief executive officer’s approval, of places in
an area to be entered and inspected under the approval.
(6) A systematic
inspection program provides for all places, or all places of a particular
type, in an area, to be entered and inspected under the approval.
(7) An
approved inspection program must state the following— (a) the purpose of the
program;
(b) when the program starts;
(c) for a selective inspection
program, objective criteria for selecting places to be entered and inspected;
(d) for a systematic inspection program, if a type of place is to be entered
and inspected, a description of the type;
(e) the period of not more than 3
months, or another period of not more than 6 months prescribed under a
regulation, over which the program is to be carried out.
(8) The only entry
that may be made under an approved inspection program is by an authorised
person under section 389 .
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