Australian Capital Territory Numbered Acts

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.  
   3.      The following Acts are repealed:  
   4.      This Act shall be construed and administered in accordance with the following objectives:  

   PART II--STATUTORY OFFICES CHIEF HEALTH OFFICER

   9.      The functions of the Chief Health Officer are as follows:  
   11.     The Chief Health Officer may, by instrument, delegate any of his or her powers under this Act to any person, or to any person within a class specified in the instrument.  
   15.     (1) There may be 1 or more Analysts for the purposes of this Act.  
   17.     No action or suit lies against a person in relation to an act done or omitted to be done in good faith in the performance of a function under this Act.  

   PART III--PUBLIC HEALTH RISK ACTIVITIES ANDPUBLIC HEALTH RISK PROCEDURES

   19.     In a determination of fees for the purposes of any provision of this Part under section 130, the Minister may—  
   28.     A person who carries on a public health risk activity or performs a public health risk procedure shall ensure that, at any reasonable time upon request by an authorised officer—  
   31.     An activity licence—  
   32.     An activity licence remains in force, except while it is suspended, until it is surrendered or cancelled, for the period specified on the licence, and may be renewed under section 33.  
   38.     (1) The holder of an activity licence may surrender the licence by giving to the Minister—  
   42.     The holder of an activity licence that has been suspended or cancelled shall not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation.  
   44.     The Minister may, by written notice, require an applicant for a procedure licence to provide specified further information in writing about the application.  
   46.     A procedure licence—  
   47.     The holder of a procedure licence shall, on or before the anniversary of the grant of the licence, pay to the Minister the determined fee.  
   51.     A procedure licence remains in force, except while it is suspended, until it is surrendered or cancelled.  
   52.     (1) The holder of a procedure licence may surrender the licence by giving to the Minister—  
   56.     The holder of a procedure licence that has been suspended or cancelled shall not, without reasonable excuse, fail to return the licence to the Minister within 7 days after the date of effect of the suspension or cancellation.  
   57.     A person to whom an improvement notice is issued shall not, without reasonable excuse, fail to comply with the notice.  
   63.     (1) A person to whom a prohibition notice has been issued shall cause a copy of that notice to be displayed, and to be kept displayed, so as to be readily visible to persons entering each premises specified in the notice by way of any public entrance to those premises.  

   PART IV--INSANITARY CONDITIONS OFFENCE--INSANITARY CONDITIONS

   67.     A person shall not—  

   PART V--INSPECTION AND ANALYSIS

   78.     Subject to this Act, where an authorised officer enters any place in accordance with this Act, he or she may, if he or she considers it to be necessary or desirable for the purposes of this Act—  
   83.     A person shall not knowingly or recklessly provide information that is false in a material particular to an authorised officer pursuant to a requirement under section 78 or subsection 79 (1).  
   84.     (1) An authorised officer who seizes anything under this Part shall, as soon as practicable, give a seizure notice to—  
   87.     Where a record or document is seized under this Part, the authorised officer shall permit the person otherwise entitled to possession of it, or his or her agent, to inspect, make copies of or take extracts from the record or document.  
   90.     (1) This section applies where—  
   92.     An authorised officer may, notwithstanding any provision to the contrary in this Part, cause a thing that has been seized under this Part to be destroyed if the officer has reasonable grounds for believing that the thing is so contaminated, or the condition of the thing is such, that its continued use would give rise to a serious public health risk.  
   94.     Where an authorised officer takes a sample under this Part with the intention that it be submitted for analysis, the officer shall, before or as soon as practicable after taking the sample, give notice of his or her intention to have the sample analysed to—  
   95.     Where a sample is submitted to an Analyst for analysis for the purposes of this Act, the Analyst shall—  
   97.     Where a sample has been taken under this Part for the purpose of analysis, no prosecution for an offence against this Act in relation to which the sample is evidence may be commenced after the expiration of the period of 6 months after the sample was taken.  
   98.     A person shall not use for trade or advertising purposes the results of an analysis made for the purposes of this Act.  

   PART VI--NOTIFIABLE CONDITIONS AND PUBLIC HEALTH HAZARDS

   99.     This Part shall be construed and administered in accordance with the following principles:  
   110.    (1) A person shall not, without good reason, disclose information notified under this Division in such a manner that the person to whom the notification relates who has, or who may have, the relevant notifiable condition is reasonably able to be identified, unless—  
   111.    A person shall not, without good reason, disclose information notified under this Division in such a manner that a medical practitioner, pathologist, responsible person, pathology laboratory or hospital to whom or to which the notification relates is reasonably able to be identified, unless the medical practitioner, pathologist or responsible person, or the person in charge of the laboratory or hospital, as the case may be, consents in writing to the disclosure.  
   114.    Where a public health direction is issued by the Chief Health Officer in relation to a person for reasons including the Chief Health Officer's belief that the person has a disease or a notifiable condition, the Chief Health Officer shall give written notice of the direction to any medical practitioner professionally attending the person at the time of the direction.  

   PART VII--PUBLIC HEALTH EMERGENCIES EMERGENCY DECLARATIONS

   PART VIII--PUBLIC HEALTH INVESTIGATIONS

   126.    For the purposes of an investigation, the Chief Health Officer may, subject to any applicable Code of Practice—  

   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:  
   132.    An appeal as of right lies to the Supreme Court in relation to any of the following orders of the Magistrates Court:  

   PART X--MISCELLANEOUS CODES OF PRACTICE

   134.    For the purposes of section 231 of the Land (Planning and Environment) Act 1991, the Minister may—  
   135.    (1) Where—  
   137.    The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.