South Australian Current Acts South Australian Current Acts68—Notification of contaminant
(a) a
laboratory service; or
(b) a
person of a class prescribed by the regulations,
detects or isolates a notifiable contaminant in a circumstance prescribed by
the regulations for the purposes of this subsection, the responsible person
must as soon as practicable (and in any event within 24 hours) report the
detection or isolation to the Chief Public Health Officer.
Maximum penalty: $25 000.
Expiation fee: $750.
(2)
Subsection (1) does not apply—
(a) if
the notifiable contaminant is detected or isolated in the course of a test
carried out only for—
(i)
educational purposes; or
(ii)
the purposes of academic research,
unless the test and the circumstances of the particular case indicate the
existence of a material risk to public health; or
(i)
specified by the Chief Public Health Officer; or
(ii)
prescribed by regulation.
(3) For the purposes
of subsection (2)(a), a material risk to public health exists if the
health of 1 or more persons has been, or might reasonably be expected to be,
harmed, but does not include a case where the harm, or risk of harm, is
trivial or negligible.
(4) If a person is, in
prescribed circumstances, informed at any time by a responsible person for a
laboratory service (including a laboratory service outside the State)
that—
(a)
tests have been carried out by that laboratory in prescribed circumstances;
and
(b) the
test conducted by the laboratory has detected or isolated a notifiable
contaminant,
the person must as soon as practicable (and in any event within 24 hours)
report the detection or isolation to the Chief Public Health Officer.
Maximum penalty: $15 000.
Expiation fee: $500.
(5)
Subsection (4) does not apply in any circumstance specified by the
Chief Public Health Officer.
(6) A report under
subsection (1) or (4) must be—
(a) made
in a manner and form determined by the Chief Public Health Officer; and
(b)
accompanied by the information required by the Chief Public Health Officer to
be furnished in connection with the provision of the report.
(7) Following receipt
of a report made under this section, the Chief Public Health Officer may from
time to time—
(a)
require additional information from—
(i)
the person who provided the report;
(ii)
any other person who the Chief Public Health Officer
reasonably believes could furnish the Chief Public Health Officer with
information relevant to monitoring or controlling the notifiable containment;
(b)
require a person who provided the report to undertake, or cause to be
undertaken, testing (or further testing) specified by the Chief Public Health
Officer and to provide a further report or information to the Chief Public
Health Officer.
(8) A person must not,
without reasonable excuse, fail to comply with a requirement imposed on the
person under subsection (7).
Maximum penalty: $15 000.
Expiation fee: $500.
(9) No civil liability
arises from a statement made honestly and without malice in, or in connection
with, a report under this section.
(10) A person who
furnishes information under this section cannot, by virtue of doing so, be
held to have breached any law or any principle of professional ethics.
(11) Any notification
given by a person in compliance with this section is not admissible in
evidence against the person for an offence or for the imposition of a penalty
(other than proceedings in respect of the making of a false or misleading
statement).
(12) A regulation
under this section must be made on the recommendation of the
Chief Public Health Officer.
(13) A
Chief Public Health Officer must not make a recommendation under
subsection (12) unless or until the Chief Public Health Officer has taken
reasonable steps to consult with representatives, within any industry directly
affected by the regulation, considered relevant by the Chief Public Health
Officer in relation to the proposal to make the relevant regulations under
this section.
(14) A document held
or produced for the purposes of this section that relates to a particular
person is not subject to access under the Freedom of Information
Act 1991 .
(15) In this
section—
"laboratory service" means a service which performs tests or analyses for the
purpose of isolating or detecting contaminants in various substances;
"responsible person" means—
(a) in
relation to a laboratory service—the person responsible for the day to
day operation of the laboratory service;
(b) in
the case of a person of a class prescribed by the regulations—a person
identified under the regulations.