Australian Capital Territory Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997)
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY SHORT TITLE
1. This Act may be cited as the Public Health Act 1997.
2. Commencement
3. Repeal of Public Health Act 1928
4. Objectives
5. Interpretation
6. Construction consistent with certain other laws
PART II--STATUTORY OFFICES CHIEF HEALTH OFFICER
7. (1) The Minister shall, by instrument, appoint a person to be the Chief Health Officer.
8. Acting Chief Health Officer
9. Functions of Chief Health Officer
10. Biennial reporting by Chief Health Officer
11. Delegation by Chief Health Officer
12. Public Health Officers
13. Authorised Medical Officers
14. Functions of Public Health Officers and Authorised Medical Officers
15. (1) There may be 1 or more Analysts for the purposes of this Act.
16. Identity cards
17. Protection from liability
PART III--PUBLIC HEALTH RISK ACTIVITIES ANDPUBLIC HEALTH RISK PROCEDURES
18. (1) The Minister may, by instrument, declare an activity that may result in the transmission of disease, or that may otherwise adversely affect the health of individuals in the context of the wider health of the community, to be a public health risk activity.
19. Differential fees
20. Compliance with Codes of Practice
21. Activity licences—offences
22. Exemption—activity accreditation schemes
23. Procedure licences—offences
24. Exemption—procedure accreditation schemes
25. False representations
26. Alteration of premises and appliances
27. Ministerial approvals
28. Inspection
29. (1) A person may apply to the Minister for a licence to carry on a public health risk activity.
30. Activity licence—grant or refusal
31. Activity licence—form
32. Activity licence—duration
33. Activity licence—renewal
34. Activity licence—variation
35. Activity licence—return for endorsement of variation
36. Activity licence—application for transfer
37. Activity licence—grant or refusal of transfer
38. Activity licence—surrender
39. Activity licence—suspension and cancellation
40. Activity licence—emergency suspension
41. Activity licence—automatic suspension
42. Activity licence—return of defunct licences
43. (1) A person may apply to the Minister for a licence to perform a public health risk procedure.
44. Procedure licence—further information
45. Procedure licence—grant or refusal
46. Procedure licence—form
47. Procedure licence—annual fees
48. Procedure licence—suspension and cancellation for failure to pay annual fee
49. Procedure licence—variation
50. Procedure licence—return for endorsement of variation
51. Procedure licence—duration
52. Procedure licence—surrender
53. Procedure licence—suspension and cancellation
54. Procedure licence—emergency suspension
55. Procedure licence—automatic suspension
56. Procedure licence—return of defunct licences
57. A person to whom an improvement notice is issued shall not, without reasonable excuse, fail to comply with the notice.
58. Improvement notice—issue
59. Improvement notice—extension of compliance period
60. Improvement notice—revocation
61. (1) This section applies where an authorised officer has reasonable grounds for believing that imminent serious risk to public health is being caused by, or is likely to be caused by—
62. Prohibition notice—extension of compliance period
63. Prohibition notice—display
64. Prohibition notice—implementation
65. Prohibition notice—revocation
66. Prohibition orders
PART IV--INSANITARY CONDITIONS OFFENCE--INSANITARY CONDITIONS
67. A person shall not—
68. Complaints about insanitary conditions
69. Abatement notices—issue
70. Abatement notice—extension of compliance period
71. Abatement notice—implementation
72. Abatement notice—revocation
73. Abatement orders
74. Joint and several responsibility for insanitary conditions
PART V--INSPECTION AND ANALYSIS
75. (1) For the purposes of this Part, a thing is connected with a particular offence if—
76. Entry
77. Consent to entry
78. Powers upon entry
79. Power to require name and address
80. Search warrants
81. Warrants by telephone or other electronic means
82. Obstruction of authorised officers
83. False information
84. (1) An authorised officer who seizes anything under this Part shall, as soon as practicable, give a seizure notice to—
85. Storage of things seized in situ
86. Interference with seized things
87. Access to seized records
88. Return of seized things
89. Court orders for relief against seizure
90. Forfeiture
91. Cost of destruction or disposal of things forfeited
92. Destruction of contaminated items
93. (1) An Analyst may accompany an authorised officer who has entered a place under this Act in order to conduct such tests as are necessary to determine whether a contravention of this Act has occurred.
94. Notice of taking of sample
95. Analysis
96. Certificate evidence of analysis
97. Time limit for certain prosecutions
98. Prohibited use of analysis
PART VI--NOTIFIABLE CONDITIONS AND PUBLIC HEALTH HAZARDS
99. This Part shall be construed and administered in accordance with the following principles:
100. Notifiable conditions—Ministerial determination
101. Notifiable conditions—temporary status
102. Medical practitioners
103. Pathologists
104. Hospitals
105. Notification by responsible persons
106. Notification by affected persons—notifiable conditions
107. Unauthorised assertions
108. Authorised notification of contacts
109. Use of notified information
110. Disclosure of information—persons with notifiable conditions
111. Disclosure of information—medical practitioners, pathologists, hospitals
112. Notification of public health hazards
113. Public health directions—issue
114. Public health directions—notice to medical practitioner
115. Public health directions—extension of compliance period
116. Public health direction—implementation
117. Public health directions—revocation
118. Public health orders
PART VII--PUBLIC HEALTH EMERGENCIES EMERGENCY DECLARATIONS
119. (1) The Minister may, in writing, declare a public health emergency if satisfied that it is justified in the circumstances.
120. Emergency actions and directions
121. Emergency powers
122. Compensation
123. Reports on emergencies
PART VIII--PUBLIC HEALTH INVESTIGATIONS
124. Investigations
125. Procedure
126. Powers
127. Reports
128. Protection and immunity
129. Investigation offences
PART IX--REVIEW AND APPEALS REVIEW OF DECISIONS
130. Application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions of the Minister:
131. Notification of decisions
132. Appeals
PART X--MISCELLANEOUS CODES OF PRACTICE
133. (1) The Minister may, by instrument, determine Codes of Practice setting out minimum standards or guidelines for the purposes of this Act.
134. Environmental Assessments and Inquiries
135. Evidence—records, costs and expenses
136. Conduct of directors, servants and agents
137. Determination of fees
138. Regulations
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback