Western Australian Current Acts Western Australian Current Acts (1) The Governor may
make regulations prescribing all matters that are required or permitted by
this Act to be prescribed, or are necessary or convenient to be prescribed for
achieving the objects and giving effect to the purposes of this Act.
(2) Without limiting
subsection (1), the regulations may provide for, authorise, prescribe,
require, prohibit, restrict or otherwise regulate all or any of the following
matters —
(a)
measures to prevent, control or abate public health risks, including public
health risks arising from or relating to notifiable infectious diseases or
notifiable infectious disease-related conditions;
(b)
public health planning;
(c) the
analysis or testing of samples obtained or taken under this Act, including
—
(i)
the persons who may analyse or test samples; and
(ii)
the places where samples may be analysed or tested; and
(iii)
the reporting of the results of the analysis or testing
of samples;
(d)
needle and syringe programmes, including conditions and requirements relating
to the approval and conduct of those programmes;
(e) the
procedure to be followed at, or in connection with, an inquiry conducted under
section 228;
(f) the
seizure or forfeiture of items under this Act;
(g) the
designation of authorised officers;
(h)
applications under this Act;
(i)
fees and charges payable under this Act and the recovery
of those fees and charges.
(3) Without limiting
subsection (1), the regulations may —
(a)
without limiting section 34(1), declare that doing, or omitting to do, a
specified thing, or a thing within a specified class of things —
(i)
constitutes a breach of the general public health duty;
or
(ii)
does not constitute a breach of the general public health
duty;
(b)
specify or provide for guidelines for complying with the general public health
duty;
(c)
declare a specified activity, or an activity within a specified class of
activities, to be a public health risk activity or not to be a public health
risk activity;
(d)
declare a specified public health risk, or a public health risk within a
specified class of public health risks —
(i)
to be a material public health risk or a serious public
health risk; or
(ii)
not to be a material public health risk or a serious
public health risk;
(e)
require things to be done in relation to the prevention, assessment or
management of public health risks;
(f)
without limiting paragraph (e), require the preparation, implementation and
monitoring of, and reporting on, risk management plans in relation to public
health risks;
(g)
regulate or prohibit the manufacture, transport, storage, supply, use or
disposal of anything that is a public health risk;
(h)
without limiting paragraph (g), provide that any activity or thing, or the
supply of any goods or services, is required to meet a specified standard, or
comply with specified conditions, to prevent a public health risk;
(i)
regulate or prohibit the advertising of —
(i)
any public health risk activity; or
(ii)
the supply or use of anything that is a public health
risk;
(j)
require specified information to be provided to an appropriate enforcement
agency by a specified person in relation to —
(i)
any public health risk activity carried on or proposed to
be carried on; or
(ii)
the supply or use of anything that is a public health
risk;
(k)
specify the criteria and parameters that are to be applied in monitoring
compliance with this Act;
(l)
provide that a failure to comply with the regulations constitutes grounds for
the issue of an improvement notice or enforcement order.
(4) Without limiting
subsection (1), the regulations may —
(a)
provide for offences against the regulations and prescribe penalties —
(i)
for an individual — not exceeding a fine of $50
000;
(ii)
for a body corporate — not exceeding a fine of $200
000;
(b)
prescribe daily penalties for offences against the regulations —
(i)
for an individual — not exceeding a fine of $10
000;
(ii)
for a body corporate — not exceeding a fine of $50
000.