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TASMANIA
__________
PUBLIC HEALTH (MISCELLANEOUS
AMENDMENTS) BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CORRECTIONS ACT 1997 AMENDED
3. Principal Act
4. Section 30 amended (Medical tests for HIV, &c.)
5. Sections 31 and 32 repealed
PART 3 - PUBLIC HEALTH ACT 1997 AMENDED
6. Principal Act
7. Section 3 amended (Interpretation)
8. Section 15 amended (Duration of emergency declaration)
9. Section 16 amended (Directions of Director)
10. Sections 16A, 16B and 16C inserted
16A. Warrant may be issued if person fails to comply with
direction under section 16
16B. Person apprehended under warrant to be brought
before magistrate
16C. Orders of magistrate
11. Section 17 amended (Special powers)
12. Sections 17A, 17B and 17C inserted
[Bill 6]-XI
17A. Emergency amendment of guidelines
17B. Notification of taking of actions under section 17A
17C. Defences to certain offences in relation to guidelines
13. Part 3, Division 1: Heading amended
14. Sections 40 and 41 substituted
40. Notifiable diseases and contaminants
15. Section 42 amended (Directions of Director)
16. Sections 43, 44, 45, 46, 47 and 48 substituted
43. Warrant may be issued if person fails to comply with
direction
44. Person apprehended under warrant to be brought
before magistrate as soon as practicable
45. Orders of magistrate
46. Notification of notifiable diseases and contaminants
17. Section 49 amended (Reports and information by Director)
18. Section 50 amended (Medical practitioner to provide
information)
19. Section 52 amended (Investigation into occurrence of disease
and contamination)
20. Section 55 amended (Use of certain materials)
21. Section 56 amended (Burial or removal of body to morgue)
22. Part 3, Division 1A inserted
Division 1A - Supply and use of needles and syringes
56A. Interpretation of Division 1A
56B. Meaning of supply
56C. Organised distributors not to supply needles or
syringes except under permits
56D. Permits
56E. Terms of permits
56F. Conditions of permits
56G. Variation, &c., of terms and conditions of permits
56H. Revocation and renewal of permits
56I. Certificates of relevant qualifications
56J. Service standards
56K. Possession, &c., of needle or syringe does not
constitute offence under certain Acts
56L. Persons with possession of needle or syringe to
avoid risk to life and safety of other persons
23. Section 61 repealed
2
24. Section 62 amended (Prohibition and restriction on publication)
25. Section 67B amended (Smoke-free areas)
26. Section 67I inserted
67I. Designated smoking areas in relation to public
events
27. Section 70 amended (Display of tobacco advertisements, &c.)
28. Section 74C amended (Grant or refusal of licence)
29. Part 6, Division 1: Heading amended
30. Section 127A inserted
127A. Interpretation of Part 6
31. Part 6, Division 1A: Heading inserted
Division 1A - Orders and notices
32. Section 128 amended (Notification of quality of water)
33. Part 6, Division 1B inserted
Division 1B - Water quality management
129A. Water to be managed so as not to be threat to public
health
129B. Guidelines in relation to water quality management
129C. Approval of water quality auditors
129D. Variation of condition of approval as a water quality
auditor
129E. Suspension and cancellation of approval
129F. Duties of water quality auditors
129G. When water quality auditor to be taken to have
conflict of interest
129H. List of auditors to be kept and made available
34. Section 130 amended (Monitoring and review)
35. Section 131 amended (Samples)
36. Part 6, Division 3: Heading amended
37. Section 133 amended (Registration)
38. Section 134 amended (Application for registration)
39. Section 135 amended (Grant or refusal of registration)
40. Section 136 amended (Issue of certificate of registration)
41. Sections 136AA and 136AAB inserted
136AA. Renewal of registration
136AAB. Duration of registration
3
42. Section 136A amended (Use or supply of water)
43. Section 136AB inserted
136AB. Supplier of water from private water source must
give notice to public if water unsafe
44. Section 136B amended (Variation of registration)
45. Section 136C amended (Cancellation of registration)
46. Part 6, Division 4 inserted
Division 4 - Registration of water carriers
136D. Water carriers
136E. Water carriers required to be registered
136F. Application for registration
136G. Grant or refusal of registration
136H. Issue of certificate of registration
136I. Renewal of registration
136J. Duration of registration
136K. Variation of registration
136L. Cancellation of registration
136M. Water carrier must give notice to public if water
unsafe
47. Section 137A amended (Contents of Cervical Screening
Register)
48. Section 147 substituted
147. Disclosure of information
49. Section 148 amended (Requirement for information)
50. Section 149 repealed
51. Section 153 amended (Compensation)
52. Section 154A inserted
154A. Offences against water quality auditors
53. Section 160AA inserted
160AA. Reviews relating to permits to supply needles and
syringes
54. Sections 160B and 160C inserted
160B. Reviews relating to approval of designated smoking
area
160C. Reviews relating to approval of water quality auditor
55. Section 163A amended (Reviews relating to registration as
supplier of water)
56. Section 163B inserted
4
163B. Reviews relating to registration as a water carrier
57. Section 184 amended (Guidelines)
58. Section 187A inserted
187A. Quarantined, &c., persons to be permitted to
communicate with certain persons
59. Section 196 amended (Guidelines and codes of practice)
60. Section 198A inserted
198A. Savings and consequential provisions consequent to
Public Health (Miscellaneous Amendments) Act
2014
61. Schedule 1 amended (Provisions with respect to membership and
meetings of advisory committee)
PART 4 - LEGISLATION REPEALED
62. Legislation repealed
PART 5 - REPEAL OF ACT
63. Repeal of Act
SCHEDULE 1 - LEGISLATION REPEALED
5
6
PUBLIC HEALTH (MISCELLANEOUS
AMENDMENTS) BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
S. G. DONNELLY, Clerk of the House
18 March 2015
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Public Health Act 1997 for various
purposes, to repeal the HIV/AIDS Preventive Measures Act
1993 and to amend the Corrections Act 1997 consequential
on those amendments and that repeal
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Public Health
(Miscellaneous Amendments) Act 2015.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 6] 7
Public Health (Miscellaneous Amendments) Act 2015
Act No. of
s. 3 Part 2 - Corrections Act 1997 Amended
PART 2 - CORRECTIONS ACT 1997 AMENDED
3. Principal Act
In this Part, the Corrections Act 1997* is
referred to as the Principal Act.
4. Section 30 amended (Medical tests for HIV, &c.)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "an
approved counsellor" and substituting "a
medical officer, or a registered nurse,
who is";
(b) by omitting subsection (3).
5. Sections 31 and 32 repealed
Sections 31 and 32 of the Principal Act are
repealed.
*No. 51 of 1997
8
Public Health (Miscellaneous Amendments) Act 2015
Act No. of
Part 3 - Public Health Act 1997 Amended s. 6
PART 3 - PUBLIC HEALTH ACT 1997 AMENDED
6. Principal Act
In this Part, the Public Health Act 1997* is
referred to as the Principal Act.
7. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of certificate of
registration as user or supplier of private
water and substituting the following
definitions:
certificate of registration as a
supplier of private water means
the certificate referred to in
section 136;
certificate of registration as a water
carrier means the certificate
referred to in section 136H;
(b) by inserting the following definition after
the definition of cigarette shipper:
clinical assessment means an
assessment of the health of a
person and includes, but is not
limited to including, the
following:
*No. 86 of 1997
9
Public Health (Miscellaneous Amendments) Act 2015
Act No. of
s. 7 Part 3 - Public Health Act 1997 Amended
(a) any physical or
psychological
examination;
(b) the taking of samples of
any substance or secretion
from the body of a
person;
(c) an assessment of the
health of a person whether
by viewing, listening to,
or corresponding with, the
person or by another
method;
(d) tests to determine the
health of the person;
(e) any other prescribed
method of assessing the
health of a person;
(c) by omitting the definition of
contaminant;
(d) by inserting the following definition after
the definition of council fee:
designated smoking area means an
area that is specified, in an
approval under section 67I that is
in force, to be a designated
smoking area;
10
Public Health (Miscellaneous Amendments) Act 2015
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Part 3 - Public Health Act 1997 Amended s. 7
(e) by inserting ", signs or conditions," after
"symptoms" in paragraph (c) of the
definition of disease;
(f) by inserting "and, while an amendment
to a guideline under section 17A is in
force, means a guideline as so amended"
after "section 184" in the definition of
guidelines;
(g) by omitting the definition of human
pathogenic organism;
(h) by omitting "diagnostic" from the
definition of laboratory;
(i) by omitting the definition of medical
examination;
(j) by omitting "Medicare Australia Act
1973" from the definition of Medicare
Australia and substituting "Human
Services (Medicare) Act 1973";
(k) by inserting the following definition after
the definition of non-tobacco cigarette:
notifiable contaminant means -
(a) an organism, or
substance, that is -
(i) declared in a
notice under
section 40(b) to be
a notifiable
contaminant; or
11
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s. 7 Part 3 - Public Health Act 1997 Amended
(ii) a member of a
class of organisms
or substances,
members of which
are declared in a
notice under
section 40(b) to be
notifiable
contaminants; and
(b) a toxin that is produced
by -
(i) an organism that is
declared in a
notice under
section 40(b) to be
a notifiable
contaminant; or
(ii) a member of a
class of
organisms,
members of which
are declared in a
notice under
section 40(b) to be
notifiable
contaminants;
(l) by omitting the definition of notifiable
disease and substituting the following
definition:
notifiable disease means -
12
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Part 3 - Public Health Act 1997 Amended s. 7
(a) a disease declared under
section 40 to be a
notifiable disease; and
(b) a disease that is a member
of a class of diseases,
members of which are
declared under section 40
to be notifiable diseases;
(m) by omitting "a licensee and" from
paragraph (a) of the definition of
occupier;
(n) by omitting "a licensee and" from
paragraph (b)(ii) of the definition of
occupier;
(o) by omitting the definition of personal
information and substituting the
following definition:
personal information, in relation to a
person, means the person's name,
address and contact details;
(p) by omitting the definition of private
water source and substituting the
following definition:
private water source means a source
of water used to supply water for
human consumption, other than
water infrastructure used by a
regulated entity for that purpose;
13
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Act No. of
s. 8 Part 3 - Public Health Act 1997 Amended
(q) by inserting "but does not include any
part of a smoke-free area that is a
designated smoking area" after
"section 67B(1)" in the definition of
smoke-free area;
(r) by omitting "confectionery or" from the
definition of solid food.
8. Section 15 amended (Duration of emergency
declaration)
Section 15 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", unless it
is sooner revoked under subsection (4),"
after "continues";
(b) by omitting subsection (2) and
substituting the following subsections:
(2) The Director, by any means the
Director considers appropriate,
may declare that the period
during which an emergency
declaration is in force is extended
by a period, of not more than 7
days, specified in the declaration
under this subsection, if the
Director is satisfied that the
situation requires it.
(3) The Director may declare as
many extensions under
14
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Part 3 - Public Health Act 1997 Amended s. 9
subsection (2) as he or she thinks
the situation requires.
(4) The Director must revoke an
emergency declaration as soon as
practicable after he or she is
satisfied that the situation no
longer requires the emergency
declaration to be in force.
(5) The Director is to notify the State
Controller, within the meaning of
the Emergency Management Act
2006, if -
(a) the period of an
emergency declaration is
extended under
subsection (2); or
(b) an emergency declaration
is revoked under
subsection (4).
9. Section 16 amended (Directions of Director)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "After
making an emergency declaration" and
substituting "While an emergency
declaration is in force";
15
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s. 9 Part 3 - Public Health Act 1997 Amended
(b) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) manage a threat to public health
or a likely threat to public health;
or
(c) by omitting from subsection (1)(b)
"segregate" and substituting
"quarantine";
(d) by inserting in subsection (2) "while an
emergency declaration is in force" after
"directions";
(e) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
(a) that any specified person
undergo -
(i) a clinical assessment
specified in the direction;
or
(ii) a clinical assessment,
specified in the direction,
conducted by a person, or
a member of a class of
persons, specified in the
direction;
(f) by inserting the following subsection
after subsection (2):
16
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Part 3 - Public Health Act 1997 Amended s. 9
(2A) A direction given under this
section may specify the manner
in which the direction is to be
complied with.
(g) by omitting from subsection (3) "in
accordance with any relevant guidelines"
and substituting "given under this
section";
(h) by inserting the following subsections
after subsection (3):
(4) A person who carries out a
clinical assessment for the
purpose of a direction given
under subsection (2)(a) must
provide to the Director a written
report in relation to the
assessment as soon as practicable
after the assessment is completed.
Penalty: Fine not exceeding 25
penalty units.
(5) A direction given under this
section ceases to be in force when
the requirements of the direction
have been satisfied.
(6) The Director may revoke a
direction given under this section.
(7) The Director must revoke under
subsection (6) a direction as soon
as practicable after he or she is
satisfied that it is no longer
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s. 10 Part 3 - Public Health Act 1997 Amended
necessary, for the purposes of
managing a threat to public health
or a likely threat to public health,
for the direction to remain in
force.
(8) If a direction given under this
section, or an order under
section 16C(1)(e), requires a
person to be quarantined or
isolated or to stay in a specified
area, the Director, at the required
intervals, must -
(a) consider whether it is
necessary for the person
to continue to be subject
to the direction or order;
and
(b) if necessary so as to
determine whether it is
necessary for the person
to continue to be subject
to the direction or order,
arrange for the clinical
assessment of the person.
(9) The required intervals are
intervals that the Director
considers reasonable, but not less
than once in every successive
period of 7 days.
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Act No. of
Part 3 - Public Health Act 1997 Amended s. 10
10. Sections 16A, 16B and 16C inserted
After section 16 of the Principal Act, the
following sections are inserted in Division 2:
16A. Warrant may be issued if person fails to
comply with direction under section 16
(1) The Director may apply to a magistrate
for the issue under this section of a
warrant in relation to a person, if -
(a) the person has failed to comply
with a direction of the Director
given under section 16; and
(b) in the opinion of the Director, it is
necessary, for the purposes of
managing a threat to public health
or a likely threat to public health,
for the direction to be complied
with.
(2) A magistrate may, on the application of
the Director, issue a warrant -
(a) authorising the apprehension,
by -
(i) a person authorised by the
Director to execute the
warrant; or
(ii) a police officer -
of a person who is specified in
the warrant (the specified
person); and
19
Public Health (Miscellaneous Amendments) Act 2015
Act No. of
s. 10 Part 3 - Public Health Act 1997 Amended
(b) authorising the entry of any
premises by a person referred to
in paragraph (a)(i) or (ii), if the
person believes on reasonable
ground that the specified person
is in the premises; and
(c) authorising the specified person
to be detained, isolated, or
quarantined, until the specified
person may be brought before a
magistrate.
(3) A magistrate may only issue a warrant
under subsection (2) in relation to a
specified person if the magistrate is
satisfied that -
(a) the specified person has failed to
comply with a direction of the
Director given under section 16;
and
(b) in the opinion of the Director, it is
necessary, for the purposes of
managing a threat to public health
or a likely threat to public health,
for the direction to be complied
with.
(4) The Director may apply under
subsection (1) for a warrant by telephone
if the Director is of the opinion that the
situation is an emergency.
20
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Act No. of
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16B. Person apprehended under warrant to be
brought before magistrate
(1) A person who is apprehended under a
warrant issued under section 16A is to be
brought before a magistrate as soon as
practicable.
(2) Despite subsection (1), if a risk to the
health of a person who is apprehended
under a warrant issued under
section 16A, or to the health of other
persons, may occur if the person were to
be brought before a magistrate, that
subsection is taken to be satisfied if -
(a) the person is represented by
another person who is appointed
by the person, or a magistrate or
court, to represent the person in
proceedings under this Part; and
(b) a magistrate or court agrees to the
person not being brought before a
magistrate in accordance with
subsection (1).
16C. Orders of magistrate
(1) A magistrate may take one or more of the
following actions in relation to a person
who is apprehended under a warrant
issued under section 16A and brought
before the magistrate:
21
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s. 10 Part 3 - Public Health Act 1997 Amended
(a) order the person to comply with a
direction of the Director given to
the person under section 16;
(b) by order, vary any direction of
the Director, if the direction as so
varied could have been given by
the Director under section 16;
(c) order the person -
(i) to comply with a
requirement, determined
by the magistrate and
specified in the order, that
the Director could have
imposed on the person in
a direction given under
section 16 or section 42;
and
(ii) to continue to comply
with the requirement
either until the
requirement has been
satisfied or the Director
gives a declaration under
subsection (4) in relation
to the order;
(d) order that a clinical assessment of
the person be carried out;
(e) order that the person be placed
and remain in quarantine, or
isolation, for a period that is to
end when the Director gives a
22
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Part 3 - Public Health Act 1997 Amended s. 10
declaration under subsection (4)
in relation to the order.
(2) A magistrate may only make an order
under subsection (1) if he or she is of the
opinion that it is necessary to do so for
the purposes of managing a threat to
public health or a likely threat to public
health.
(3) A magistrate before whom a person
apprehended under a warrant issued
under section 16A is brought may, by
order, revoke a direction given to the
person under section 16, if the magistrate
is of the opinion that it is not necessary,
for the purposes of managing a threat to
public health or a likely threat to public
health, for the direction to be complied
with.
(4) The Director may, by notice to a person
to whom an order made under
subsection (1)(c) or (e) relates, declare
that the Director is of the opinion that it
is no longer necessary, for the purposes
of managing a threat to public health or a
likely threat to public health, for the
order to continue in force.
(5) An order under this section that requires
a person to comply with a direction given
under section 16 is revoked, or ceases to
be in force, as soon as the direction is
revoked, or ceases to be in force, under
that section.
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s. 11 Part 3 - Public Health Act 1997 Amended
(6) An order under subsection (1)(c) or (e)
ceases to be in force as soon as the
requirement is satisfied or the Director
issues a notice under subsection (4),
whichever occurs first.
(7) A person to whom an order under this
section relates, or the Director, may
appeal to the Supreme Court against the
making of the order.
11. Section 17 amended (Special powers)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
before subsection (1):
(1AA) In this section -
authorised person means a
person who is -
(a) authorised under
subsection (1); or
(b) a member of a class
of persons that is
authorised under
subsection (1).
(b) by inserting in subsection (3)(a) "enable
the direction to be carried out or to" after
"so to".
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Act No. of
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12. Sections 17A, 17B and 17C inserted
After section 17 of the Principal Act, the
following sections are inserted in Division 2:
17A. Emergency amendment of guidelines
(1) The Director, while an emergency
declaration is in force, may amend or
revoke, under this subsection, a
guideline.
(2) The Director may only amend or revoke
under subsection (1) a guideline if he or
she is of the opinion that it is necessary
to do so for the purposes of managing a
threat to public health, or a likely threat
to public health, to which the emergency
declaration relates.
(3) The Director may revoke under this
subsection an amendment, to a guideline,
made under subsection (1).
(4) The Director may only revoke under
subsection (3) an amendment, to a
guideline, made under subsection (1)
while an emergency declaration is in
force, if the revocation occurs before the
end of the period of 30 days after the
emergency declaration ceases to be in
force.
(5) The Director may, if he or she is of the
opinion that a guideline that was revoked
under subsection (1) should continue in
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force, declare the revocation to be of no
effect on and from a specified day.
(6) The Director may only issue a
declaration under subsection (5) in
relation to a revocation of a guideline
that occurred while an emergency
declaration is in force, if the declaration
under subsection (5) is issued before the
end of the period of 30 days after the
emergency declaration ceases to be in
force.
(7) If a declaration is issued under
subsection (5) in relation to a revocation
of a guideline, the revocation ceases to
be in effect on the day specified in the
declaration as the day on which the
revocation is to cease to be of effect.
(8) Section 184(4) and section 196(2) do not,
until the end of the period of 30 days
after an emergency declaration ceases to
be in force, apply in relation to an
amendment of any guideline, or a
revocation of any guideline, made under
subsection (1) while the emergency
declaration was in force.
(9) If section 196(2) applies in relation to an
amendment or revocation made under
subsection (1) of this section while an
emergency declaration is in force,
section 196(2) applies in relation to the
amendment or revocation as if the
reference in that section to the day on
26
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which the amendment or revocation takes
effect were a reference to the first day
after the end of the period of 30 days
after the emergency declaration ceases to
be in force.
(10) Section 184(4) and section 196(2) do not,
despite subsection (8), apply in relation
to -
(a) an amendment made under
subsection (1) that is revoked
under subsection (3); or
(b) a revocation under subsection (3);
or
(c) a revocation under subsection (1)
to which a declaration under
subsection (5) relates; or
(d) a declaration under
subsection (5).
(11) Nothing in this section is to be taken to
prevent the amendment or revocation of
a guideline under section 184.
17B. Notification of taking of actions under
section 17A
(1) The Director, as soon as practicable after
amending or revoking a guideline under
section 17A(1), must take reasonable
steps to ensure that persons who the
Director considers ought to be notified of
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the amendment or revocation are so
notified.
(2) The Director, as soon as practicable after
a revocation under section 17A(3), or a
declaration under section 17A(5), is
made must take reasonable steps to
ensure that persons who the Director
considers ought to be notified of the
revocation or declaration are so notified.
(3) If, for the purposes of subsection (1) or
(2), a notification by electronic message
is sent by or on behalf of the Director to
an electronic address of a person (the
notified person) who has advised -
(a) the Director; or
(b) a person acting on behalf of the
Director -
that electronic messages in relation to
public health matters may be sent to that
address, the notified person is to be taken
to have been notified of the contents of
the message.
(4) Subsection (3) does not limit the means
by which, for the purposes of this
section, a person may be notified of an
amendment, revocation or declaration
under section 17A.
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17C. Defences to certain offences in relation to
guidelines
(1) If an amendment to a guideline is made
under section 17A(1), a person does not
commit an offence under -
(a) section 184(5) by failing to
comply with the guideline; or
(b) another provision of this Act, an
element of which consists of
failing to comply with the
guideline -
if the person is an unnotified person in
respect of the offence.
(2) For the purposes of subsection (1), a
person is an unnotified person in respect
of an offence if -
(a) the person commits the offence
only by failing to comply with a
provision, of a guideline, to
which an amendment under
section 17A(1) relates; and
(b) had the amendment not come into
force, the act, or failure of the
person to act, that constituted in
whole or in part the failure to
comply with the provision of the
guideline would not have
constituted a failure to comply
with the provision; and
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(c) the offence is alleged to have
been committed after the
amendment came into force but
before -
(i) the day on which public
notice of the amendment
of the guideline is given
under section 184(4); or
(ii) the day on which notice
of the revocation of the
amendment is given to the
person under
section 17B(2); and
(d) notice of the amendment was not
given to the person under
section 17B(1).
(3) If a guideline is revoked under
section 17A(1), a person does not
commit an offence under -
(a) section 184(5) by failing to
comply with the guideline; or
(b) another provision, of this Act, an
element of which consists of
failing to comply with a
guideline -
if the person is an unnotified person in
respect of the offence.
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(4) For the purposes of subsection (3), a
person is an unnotified person in respect
of an offence if -
(a) the person only commits the
offence by complying with a
provision, of a guideline, to
which a revocation under
section 17A(1) relates; and
(b) had the revocation not come into
force, the act, or failure of the
person to act, that constituted in
whole or in part the failure to
comply with the provision of the
guideline would not have
constituted a failure to comply
with the provision; and
(c) the offence is alleged to have
been committed after the
revocation came into force but
before -
(i) the day on which public
notice of the revocation of
the guideline is given
under section 184(4); or
(ii) the day on which notice is
given to the person under
section 17B(2) that the
revocation is of no effect;
and
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(d) notice of the revocation was not
given to the person under
section 17B(1).
(5) If an amendment to a guideline made
under section 17A(1) is revoked under
section 17A(3), a person does not
commit an offence under -
(a) section 184(5) by failing to
comply with the guideline; or
(b) another provision, of this Act, an
element of which consists of
failing to comply with the
guideline -
if the person is an unnotified person in
respect of the offence.
(6) For the purposes of subsection (5), a
person is an unnotified person in respect
of an offence if -
(a) the person only commits the
offence by failing to comply with
a provision, of a guideline, to
which an amendment under
section 17A(1) relates; and
(b) had the amendment not been
revoked under section 17A(3),
the act, or failure of the person to
act, that constituted in whole or in
part the failure to comply with the
provision of the guideline would
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not have constituted a failure to
comply with the provision; and
(c) the offence is alleged to have
been committed after the
amendment was revoked under
section 17A(3) but before the end
of the period of 30 days after the
emergency declaration that was in
force when the amendment was
made ceases to be in force; and
(d) notice of the revocation was not
given to the person under
section 17B(2).
(7) If a revocation under section 17A(1) of a
guideline is declared to be of no effect
under section 17A(5), a person does not
commit an offence under -
(a) section 184(5) by failing to
comply with the guideline; or
(b) another provision, of this Act, an
element of which consists of
failing to comply with the
guideline -
if the person is an unnotified person in
respect of the offence.
(8) For the purposes of subsection (7), a
person is an unnotified person in respect
of an offence if -
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(a) the person only commits the
offence by failing to comply with
a provision, of a guideline, to
which a revocation under
section 17A(1) relates; and
(b) had a declaration not been made
under section 17A(5) in relation
to the revocation, the act, or
failure of the person to act, that
constituted in whole or in part the
failure to comply with the
provision of the guideline would
not have constituted a failure to
comply with the provision; and
(c) the offence is alleged to have
been committed after the
declaration was made under
section 17A(5) but before the end
of the period of 30 days after the
emergency declaration, that was
in force when the amendment
was made, ceases to be in force;
and
(d) notice of the declaration under
section 17A(5) was not given to
the person under section 17B(2).
13. Part 3, Division 1: Heading amended
Division 1 of Part 3 of the Principal Act is
amended by omitting "Notifiable diseases" from
the heading to that Division and substituting
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"Notifiable diseases and notifiable
contaminants".
14. Sections 40 and 41 substituted
Sections 40 and 41 of the Principal Act are
repealed and the following section is substituted:
40. Notifiable diseases and contaminants
The Director, by public notice, may
declare -
(a) a disease, whether communicable
or non-communicable, that is
specified in the notice, or all
diseases, whether communicable
or non-communicable, that are
members of a class of diseases
specified in the notice, to be
notifiable diseases; and
(b) an organism, or substance,
specified in the notice, or all
organisms or substances that are
members of a class of organisms
or substances specified in the
notice, to be notifiable
contaminants.
15. Section 42 amended (Directions of Director)
Section 42 of the Principal Act is amended as
follows:
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(a) by inserting in subsection (1) ", or may
have been exposed to," after "has";
(b) by omitting from subsection (1)(d)
"further medical examination, medical
testing," and substituting "clinical
assessment,";
(c) by inserting the following subsection
after subsection (1):
(1A) A direction given under
subsection (1) may specify the
manner in which the direction is
to be complied with.
(d) by inserting in subsection (2) "given"
after "direction";
(e) by inserting the following subsections
after subsection (2):
(3) A direction given under
subsection (1)(d) may require a
person to submit to clinical
assessment, medical treatment, or
counselling, by a person, or a
member of a class of persons,
specified in the direction.
(4) A person who carries out a
clinical assessment for the
purpose of a direction given
under subsection (1) must provide
to the Director a written report in
relation to the assessment as soon
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as practicable after the
assessment is completed.
Penalty: Fine not exceeding 25
penalty units.
(5) A direction given under this
section ceases to be in force when
the requirements of the direction
have been satisfied.
(6) The Director may revoke a
direction given under this section.
(7) The Director must revoke under
subsection (6) a direction as soon
as practicable after he or she is
satisfied that it is no longer
necessary for the purpose of
managing a threat to public
health, or a likely threat to public
health, for the direction to remain
in force.
(8) If a direction given under this
section, or an order under
section 45(1)(e), requires that a
person be quarantined or isolated,
the Director, at the required
intervals, must -
(a) consider whether it is
necessary for the person
to continue to be subject
to the direction or order;
and
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(b) if necessary in order to
determine whether it is
necessary for the person
to continue to be subject
to the direction or order,
arrange for the clinical
assessment of the person.
(9) The required intervals are
intervals that the Director
considers reasonable, but not less
than once in every successive
period of 7 days.
16. Sections 43, 44, 45, 46, 47 and 48 substituted
Sections 43, 44, 45, 46, 47 and 48 of the
Principal Act are repealed and the following
sections are substituted:
43. Warrant may be issued if person fails to
comply with direction
(1) The Director may apply to a magistrate
for the issue under this section of a
warrant in relation to a person, if -
(a) the person has failed to comply
with a direction of the Director
given under section 42; and
(b) in the opinion of the Director, it is
necessary, for the purposes of
managing a threat to public health
or a likely threat to public health,
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that the person comply with the
direction.
(2) A magistrate may, on the application of
the Director, issue a warrant -
(a) authorising the apprehension,
by -
(i) a person authorised by the
Director to execute the
warrant; or
(ii) a police officer -
of a person who is specified in
the warrant (the specified
person); and
(b) authorising the entry of any
premises by a person referred to
in paragraph (a)(i) or (ii), if the
person believes on reasonable
ground that the specified person
is in the premises; and
(c) authorising the specified person
to be detained, isolated, or
quarantined, until the specified
person may be brought before a
magistrate.
(3) A magistrate may only issue a warrant
under subsection (2) in relation to a
specified person if the magistrate is
satisfied that -
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(a) the specified person has failed to
comply with a direction of the
Director given under section 42;
and
(b) in the opinion of the Director, it is
necessary, for the purposes of
managing a threat to public health
or a likely threat to public health,
that the specified person comply
with the direction.
(4) The Director may apply under
subsection (1) for a warrant by telephone
if the Director is of the opinion that the
situation is an emergency.
44. Person apprehended under warrant to be
brought before magistrate as soon as
practicable
(1) A person who is apprehended under a
warrant issued under section 43 is to be
brought before a magistrate as soon as
practicable.
(2) Despite subsection (1), if a risk to the
health of a person who is apprehended
under a warrant issued under section 43,
or to the health of other persons, may
occur if the person were to be brought
before a magistrate, that subsection is
taken to be satisfied if -
(a) the person is represented by
another person who is appointed
by the person, a magistrate or a
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court to represent the person in
proceedings under this Part; and
(b) a magistrate or court agrees to the
person not being brought before a
magistrate in accordance with
subsection (1).
45. Orders of magistrate
(1) A magistrate may take one or more of the
following actions in relation to a person
who is apprehended under a warrant
issued under section 43 and brought
before the magistrate:
(a) order the person to comply with a
direction of the Director given to
the person under section 42;
(b) by order, vary any direction of
the Director, if the direction as so
varied could have been given by
the Director under section 42;
(c) order the person -
(i) to comply with a
requirement, determined
by the magistrate and
specified in the order, that
the Director could have
imposed on the person in
a direction given under
section 16 or section 42;
and
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(ii) to continue to comply
with the requirement
either until the
requirement has been
satisfied or the Director
gives a declaration under
subsection (4) in relation
to the order;
(d) order that a clinical assessment of
the person be carried out;
(e) order that the person be placed
and remain in quarantine, or
isolation, for a period that is to
end when the Director gives a
declaration under subsection (4)
in relation to the order.
(2) A magistrate may only make an order
under subsection (1) if he or she is of the
opinion that it is necessary to do so for
the purposes of managing a threat to
public health or a likely threat to public
health.
(3) A magistrate before whom a person
apprehended under a warrant issued
under section 43 is brought may, by
order, revoke a direction given to the
person under section 42, if the magistrate
is of the opinion that it is not necessary,
for the purposes of managing a threat to
public health or a likely threat to public
health, for the direction to be complied
with.
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(4) The Director may, by notice to the
person to whom an order made under
subsection (1)(c) or (e) relates, declare
that the Director is of the opinion that it
is no longer necessary, for the purposes
of managing a threat to public health or a
likely threat to public health, for the
order to continue in force.
(5) An order under this section that requires
a person to comply with a direction given
under section 42 is revoked, or ceases to
be in force, as soon as the direction is
revoked, or ceases to be in force, under
that section.
(6) An order under subsection (1)(c) or (e)
ceases to be in force as soon as the
requirement is satisfied or the Director
issues a notice under subsection (4).
(7) A person to whom an order under this
section relates, or the Director, may
appeal to the Supreme Court against the
making of the order.
46. Notification of notifiable diseases and
contaminants
(1) The guidelines may require a person,
Agency or public authority to notify the
Director if the person, or a person acting
on behalf of the Agency or public
authority -
(a) becomes aware that any notifiable
disease or notifiable contaminant
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is present, or may have occurred,
in any water or food or any tissue,
substance or secretion of the
human body; or
(b) suspects, or is, under the
guidelines, to suspect, that any
notifiable disease or notifiable
contaminant may be present, or
may have occurred, in any water
or food or any tissue, substance
or secretion of the human body.
(2) Without limiting the matters to which
guidelines for the purposes of this section
may relate, such guidelines may do any
one or more of the following things:
(a) require notification of the
presence or occurrence, or
suspected presence or occurrence,
of any notifiable disease, or
notifiable contaminant, only in
certain circumstances;
(b) set out the information that is
required to be included in a
notification of the presence or
occurrence, or suspected presence
or occurrence, of any notifiable
disease or notifiable contaminant;
(c) specify the persons who are
required to give notification;
(d) require notification to be made in
a particular manner or form.
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17. Section 49 amended (Reports and information by
Director)
Section 49 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director is to" and substituting
"Director";
(b) by omitting from subsection (1)(a)
"provide" and substituting "may
provide";
(c) by inserting in subsection (1)(a)
"presence or" after "the";
(d) by omitting from subsection (1)(a)(ii)
"human pathogenic organisms or
contaminants" and substituting
"notifiable contaminant";
(e) by omitting from subsection (1)(b)
"inform" and substituting "is to inform";
(f) by inserting in subsection (1)(b)
"presence or" after "that";
(g) by omitting subsection (2).
18. Section 50 amended (Medical practitioner to
provide information)
Section 50 of the Principal Act is amended as
follows:
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(a) by inserting in subsection (1) ", may
have, or may have been exposed to,"
after "has";
(b) by omitting paragraphs (a), (b) and (c)
from subsection (1) and substituting the
following paragraphs:
(a) give the person -
(i) information about the
transmission and
prevention of that disease;
and
(ii) any information that is
specified in relevant
guidelines as required to
be given by a medical
practitioner to such a
person, including, but not
limited to including,
information relating to the
transmission and
prevention of disease; and
(b) require the person to give to the
medical practitioner the
information that the medical
practitioner is, in accordance with
the requirements of the relevant
guidelines, to attempt to obtain
from the person; and
(c) advise the Director, as soon as
practicable after the response is
received, of the response of a
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person to a requirement imposed
on the person under
paragraph (b).
(c) by omitting subsection (2) and
substituting the following subsection:
(2) It is a defence in any
proceedings -
(a) for an offence under
subsection (1) in relation
to subsection (1)(a), for a
medical practitioner to
prove that the relevant
information had already
been given, to the person
whom the medical
practitioner was
attending, by -
(i) the medical
practitioner while
the medical
practitioner was
attending the
person on a
previous occasion;
or
(ii) a person acting on
behalf of the
medical
practitioner; or
(iii) another medical
practitioner or a
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person acting on
behalf of another
medical
practitioner; or
(b) for an offence under
subsection (1) in relation
to subsection (1)(b), for a
medical practitioner to
prove that -
(i) the medical
practitioner had
attempted to
obtain the relevant
information while
the medical
practitioner was
attending the
person on a
previous occasion;
or
(ii) a person acting on
behalf of the
medical
practitioner had
attempted to
obtain the relevant
information from
the person whom
the medical
practitioner was
attending; or
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(iii) the information
had been obtained
by another
medical
practitioner or a
person acting on
behalf of that
other medical
practitioner; or
(c) for an offence under
subsection (1) in relation
to subsection (1)(c), for a
medical practitioner to
prove that the relevant
information was provided
to the Director by -
(i) a person acting on
behalf of the
medical
practitioner; or
(ii) another medical
practitioner or a
person acting on
behalf of another
medical
practitioner.
19. Section 52 amended (Investigation into occurrence
of disease and contamination)
Section 52 of the Principal Act is amended as
follows:
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(a) by omitting from subsection (1) "any
occurrence" and substituting "the
presence or occurrence, or suspected
presence or occurrence,";
(b) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) any notifiable contaminant.
(c) by omitting from subsection (2) "after"
and substituting "in".
20. Section 55 amended (Use of certain materials)
Section 55 of the Principal Act is amended by
omitting "contaminant, human pathogenic
organism" and substituting "notifiable
contaminant".
21. Section 56 amended (Burial or removal of body to
morgue)
Section 56(1) of the Principal Act is amended by
inserting "or the Director" after "of health".
22. Part 3, Division 1A inserted
After section 56 of the Principal Act, the
following Division is inserted in Part 3:
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Division 1A - Supply and use of needles and syringes
56A. Interpretation of Division 1A
In this Division -
certificate means a certificate of
attainment of a relevant
qualification that is issued under
section 56I and is valid under that
section;
certified person, in relation to a
permit, means a person who is the
holder of a certificate and who is
an employee of, or a person
acting on behalf of, the holder of
the permit;
community organisation means a
body of persons, whether
incorporated or unincorporated,
who provide services, in relation
to health or welfare, whether or
not for fee or reward, and
includes a needle and syringe
service;
dispensing machine means a machine
by which needles or syringes may
be dispensed;
government entity means the Crown
or a body established by or under
a law of the State;
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needle and syringe service means a
body of persons, whether
incorporated or unincorporated,
whose primary functions include
the offering of needles or
syringes to members of the
public, whether or not for fee or
reward;
organised distributor means -
(a) a body corporate; and
(b) a partner in a partnership
within the meaning of the
Partnership Act 1891; and
(c) a pharmacist, or a
pharmacy business,
within the meaning of the
Pharmacy Control Act
2001; and
(d) a council; and
(e) a community
organisation; and
(f) a government entity; and
(g) any other prescribed
person or body of
persons;
permit means a permit issued and in
force under this Division;
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permitted premises, in relation to a
permit, means premises specified
under section 56E(1) in a term of
the permit as premises from
which needles and syringes may
be supplied under the permit.
56B. Meaning of supply
(1) Except in sections 56K and 56L, a
reference in this Division to the supply of
a needle or syringe does not include a
reference to the supply of a needle or
syringe -
(a) for lawful medical treatment
purposes or veterinary treatment
purposes; or
(b) to or by a wholesaler of needles
or syringes; or
(c) to a person for the purpose of
enabling the disposal of the
needle or syringe; or
(d) to a member of a class of persons
prescribed for the purposes of this
section.
(2) For the purposes of this Division, apart
from subsection (1) and section 56L(2),
the supply to a person of a needle or
syringe -
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(a) at premises of an organised
distributor, including by way of a
dispensing machine at premises
of an organised distributor; or
(b) by post, or personal delivery, by a
certified person acting on behalf
of an organised distributor -
is to be taken to be a supply to the person
by the organised distributor.
(3) For the purposes of this Division, other
than subsection (1), the supply of a
needle or syringe by a person, to another
person, by post is to be taken to be a
supply to the other person by a certified
person if the supply is carried out at the
direction of a certified person.
56C. Organised distributors not to supply needles
or syringes except under permits
An organised distributor must not supply
a needle or syringe to a person unless the
organised distributor holds a permit.
Penalty: Fine not exceeding 100 penalty
units.
56D. Permits
(1) An organised distributor may, in an
approved form, apply to the Director for
a permit.
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(2) The Director may issue a permit to an
organised distributor that has made an
application under subsection (1).
(3) The Director may only issue a permit to
an organised distributor if the Director is
satisfied -
(a) that it is in the interests of public
health for needles or syringes to
be able to be supplied -
(i) by the organised
distributor; and
(ii) at the premises that are to
be the permitted premises;
and
(b) that needles or syringes will only
be supplied under the permit at
the permitted premises; and
(c) that needles or syringes will only
be supplied under the permit -
(i) by a certified person in
relation to the permit; or
(ii) by a dispensing machine;
and
(d) that the organised distributor has
not committed an offence under
this Division and the Director is
not of the opinion that, in all the
circumstances, the organised
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distributor ought to be
disqualified from holding a
permit.
(4) If the Director intends to specify on a
permit a term referred to in
section 56E(3), the Director may issue
the permit despite subsection (3)(b), but
only if he or she is satisfied that -
(a) it is in the interests of public
health for needles or syringes to
be able to be supplied -
(i) at the permitted premises;
or
(ii) by post, or personal
delivery, by a certified
person in relation to the
permit; and
(b) needles or syringes will not be
supplied by the organised
distributor to a person other
than -
(i) at the premises that are to
be the permitted premises;
or
(ii) by post, or personal
delivery, by a certified
person in relation to the
permit.
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(5) The Director may refuse to issue a permit
to an organised distributor if the Director
is satisfied that the organised distributor
has contravened or failed to comply with
a condition of a permit.
(6) A permit remains in force -
(a) for the period of not more than 3
years specified in the permit; or
(b) until it is revoked; or
(c) if the permit is renewed, for the
period specified in the notice of
renewal issued under
section 56H(3).
(7) Despite subsection (6), if an application
for renewal of a permit is made under
section 56H(2) before the permit expires,
the permit remains in force until it is
revoked or renewed or notice of a refusal
to renew the permit is given under
section 56H(3).
(8) A permit may not be transferred to
another organised distributor or a person.
56E. Terms of permits
(1) The Director must specify on a permit
that it is a term of the permit that the
supply, at the premises specified on the
permit, by the organised distributor that
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holds the permit, of needles or syringes is
authorised under the permit.
(2) The Director may specify on a permit
that it is a term of the permit that the
supply of needles and syringes by way of
a dispensing machine, situated at the
permitted premises, is authorised under
the permit.
(3) The Director may specify on a permit
that it is a term of the permit that the
supply of needles and syringes by post,
or personal delivery, by a certified person
in relation to the permit is authorised
under the permit.
56F. Conditions of permits
(1) It is a condition of a permit that a needle
or syringe must not be supplied, by the
organised distributor that holds the
permit, except as authorised by the terms
specified on the permit in accordance
with section 56E.
(2) It is a condition of a permit that a needle
or syringe must not be supplied to a
person, by the organised distributor that
holds the permit, unless -
(a) the person supplying the needle
or syringe is a certified person in
relation to the permit; or
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(b) the supply is made by way of a
dispensing machine, such a
supply is authorised in
accordance with a term specified
on the permit in accordance with
section 56E(2) and a certified
person in relation to the permit
will be responsible for the day-to-
day operation of the machine.
(3) It is a condition of a permit that the
holder of the permit must comply with a
requirement of the Director under
subsection (4).
(4) The Director, by notice in writing to the
holder of a permit, may require the
holder of the permit to provide to the
Director, at the time, or times, specified
in the notice, information specified in the
notice.
(5) It is a condition of a permit that the
organised distributor that holds the
permit must ensure that the service
standards approved under section 56J are
complied with in relation to the supply of
a needle or syringe by the organised
distributor.
(6) The Director may specify on a permit
conditions, in addition to the other
conditions referred to in this section, to
which the permit is subject, including,
but not limited to including, conditions in
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relation to supply by post or personal
delivery or by a dispensing machine.
56G. Variation, &c., of terms and conditions of
permits
(1) A holder of a permit may apply to the
Director -
(a) for the variation or revocation of
a condition specified on the
permit under section 56F(6); or
(b) for the variation of a term
specified on the permit under
section 56E; or
(c) for the revocation of a term
specified on the permit under
section 56E(2) or (3); or
(d) for a term to be specified on the
permit under section 56E(2) or
(3).
(2) The Director, by notice in writing to the
holder of a permit, may -
(a) vary or revoke a condition
specified on the permit in
accordance with section 56F(6);
or
(b) vary a term specified on the
permit under section 56E; or
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(c) revoke a term specified on the
permit under section 56E(2) or
(3); or
(d) specify a term on the permit
under section 56E(2) or (3).
(3) The Director may, under subsection (2),
only vary, revoke or specify a term or
condition if the Director is satisfied that
it is in the interests of public health to do
so.
(4) The Director may, under subsection (2),
only vary a term, specified under
section 56E(1) on a permit, so as to
change the reference from one premises
to another or so as to specify on the
permit additional permitted premises.
56H. Revocation and renewal of permits
(1) The Director, by notice to the holder of a
permit, may revoke the permit, if the
Director -
(a) is no longer satisfied, in relation
to the permit, as to the matters
referred to in section 56D(3) and,
if applicable, the matters referred
to in section 56D(4); or
(b) is of the opinion that the holder of
the permit has contravened or
failed to comply with a condition
of the permit.
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(2) The holder of a permit may apply to the
Director on the approved form for the
renewal of the permit.
(3) The Director may, by notice to the holder
of the permit to which an application
under subsection (2) relates -
(a) renew the permit for the period of
not more than 3 years specified in
the notice, if he or she is satisfied,
in relation to the permit, as to the
matters referred to in
section 56D(3) and, if applicable,
the matters referred to in
section 56D(4); or
(b) refuse to renew the permit, if he
or she is not satisfied, in relation
to the permit, as to the matters
referred to in section 56D(3) and,
if applicable, the matters referred
to in section 56D(4).
56I. Certificates of relevant qualifications
(1) The Director may approve one or more
courses of training as to the manner in
which needles and syringes are to be
supplied.
(2) The Director may only approve a course
under subsection (1) if he or she is
satisfied that the course is likely to train
participants in the course to supply
needles and syringes in a manner that is
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likely to enable the safe supply, or use, or
both, of needles and syringes.
(3) The Director may issue to a person a
certificate of attainment of a relevant
qualification if the person has
successfully completed a course of
training approved under subsection (1).
(4) A certificate is valid for a period of 3
years unless it is cancelled earlier under
subsection (5).
(5) The Director, by notice to a person to
whom a certificate has been issued, may
cancel the certificate, if the Director is
satisfied that -
(a) the training to which the
certificate relates was inadequate
or is no longer adequate; or
(b) the person is not a suitable person
to be authorised to supply needles
or syringes; or
(c) the person has not supplied
needles or syringes in accordance
with the training to which the
certificate relates.
56J. Service standards
(1) The Director may approve service
standards in relation to the supply of
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needles and syringes by an organised
distributor.
(2) The following matters may be specified
in service standards approved under
subsection (1):
(a) the information that must be
supplied to a person to whom a
needle or syringe is supplied;
(b) the manner or form in which a
needle or syringe is to be
supplied;
(c) the hours during which a needle
or syringe may be supplied;
(d) any other matter that the Director
thinks fit in respect of the supply
of needles or syringes.
56K. Possession, &c., of needle or syringe does not
constitute offence under certain Acts
(1) A person who is in possession of a
needle or syringe, water for injection or
an alcohol swab does not, by reason only
of that possession, commit, and is not to
be taken, by reason only of that
possession, to have committed, any
crime, or any offence, under the Misuse
of Drugs Act 2001 or the Poisons Act
1971.
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(2) A person who is in possession of any
trace element of a substance that is
contained in a needle or syringe does not,
by reason only of that possession,
commit, and is not to be taken, by reason
only of that possession, to have
committed, any crime, or any offence,
under the Misuse of Drugs Act 2001 or
the Poisons Act 1971.
(3) A person who supplies a needle, or
syringe, to another person so that the
other person may dispose of the needle or
syringe does not, by reason only of that
supply, commit, and is not to be taken,
by reason only of that supply, to have
committed, any crime, or any offence,
under the Misuse of Drugs Act 2001 or
the Poisons Act 1971.
(4) A person who supplies -
(a) an unused needle or unused
syringe; or
(b) other equipment associated with
the use of an unused needle or an
unused syringe; or
(c) information -
under a permit does not, by reason only
of that supply, commit, aid, abet or
instigate, and is not to be taken, by
reason only of that supply, to have
committed, aided, abetted or instigated,
any crime, or any offence, under the
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Misuse of Drugs Act 2001 or the Poisons
Act 1971 or Chapters II or XXXV of the
Criminal Code.
(5) A person who supplies -
(a) an unused needle or unused
syringe; or
(b) other equipment associated with
the use of an unused needle or an
unused syringe; or
(c) information -
that was supplied under a permit does
not, by reason only of that supply,
commit, aid, abet or instigate, and is not
to be taken, by reason only of that
supply, to have committed, aided, abetted
or instigated, any crime, or any offence,
under the Misuse of Drugs Act 2001 or
the Poisons Act 1971 or Chapters II or
XXXV of the Criminal Code.
(6) In this section -
trace element of a substance means
any element, of the substance,
that remains in a syringe or
needle in such a quantity as to be
unlikely to be usable for the
purpose of injecting the
substance.
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56L. Persons with possession of needle or syringe
to avoid risk to life and safety of other
persons
(1) A person who is in possession of a
needle or syringe must take all
reasonable care and precautions to avoid
risk to the life, safety or health of another
person that may be caused by the needle
or syringe.
Penalty: Fine not exceeding 10 penalty
units.
(2) A person who -
(a) abandons, discards or disposes of
a needle or syringe; or
(b) supplies to another person a
needle or syringe to dispose of -
must take all reasonable care and
precautions to avoid risk to the life,
safety or health of another person that
may be caused by the abandonment,
discarding or disposal of the needle or
syringe or the supply by the person of the
needle to the other person.
Penalty: Fine not exceeding 10 penalty
units.
23. Section 61 repealed
Section 61 of the Principal Act is repealed.
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24. Section 62 amended (Prohibition and restriction on
publication)
Section 62 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", or on the
application of a person under
subsection (2)," after "motion";
(b) by inserting in subsection (1) ", or a
witness in respect of the proceedings,"
after "to the proceedings";
(c) by omitting from subsection (2) "or a
party to" and substituting ", or a party to
or witness in respect of,";
(d) by omitting subsection (3) and
substituting the following subsections:
(3) In any proceedings relating to a
notifiable disease, a court, of its
own motion or on the application
of a person under subsection (4),
may make an order closing the
court if satisfied that it is in the
public interest to do so.
(4) The Director, or a party to, or
witness in respect of, any
proceedings may apply to a court
for an order referred to in
subsection (3).
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25. Section 67B amended (Smoke-free areas)
Section 67B of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from
subsection (1) and substituting the
following paragraph:
(c) any area, including, but not
limited to including, a public
street, that is not within private
premises and is designated by the
occupier of the area as a smoke-
free area;
(b) by inserting the following subsection
after subsection (2):
(2A) For the purposes of
subsection (1)(c), private
premises are -
(a) if no multiple-use
building is situated on the
premises - premises on
which is situated a
building that is used
exclusively for domestic
purposes; or
(b) if a multiple-use building
is situated on the premises
- so much of the premises
as is used exclusively for
domestic purposes -
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but does not include any part of
the premises that consists of
common property within the
meaning of the Strata Titles Act
1998.
26. Section 67I inserted
After section 67H of the Principal Act, the
following section is inserted in Division 1A:
67I. Designated smoking areas in relation to
public events
(1) A person who intends to conduct a public
event may apply to the Director to have
the Director approve as a designated
smoking area a part of an area that has
been declared to be a smoke-free area in
connection with -
(a) the public event; or
(b) a class of public events of which
the public event is a member.
(2) The Director may, after receiving an
application under subsection (1) from a
person, issue an approval to the person in
respect of a public event.
(3) The Director may only issue an approval
under subsection (2) in respect of a
public event if the area specified in the
approval to be a designated smoking
area -
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(a) is within an area that has been
declared to be a smoke-free area
in connection with -
(i) the public event; or
(ii) a class of public events of
which the public event is
a member; and
(b) is not an enclosed area.
(4) An approval in respect of a public event
is to -
(a) specify the person to whom the
approval has been issued; and
(b) specify the public event or events
to which the approval relates; and
(c) specify the area, within a smoke-
free area, that is the designated
smoking area to which the
approval relates; and
(d) specify the conditions in relation
to the approval that the Director
thinks fit.
(5) A person to whom an approval is issued
under subsection (2) must take all
reasonable steps to ensure that the
conditions imposed on the approval are
complied with.
Penalty: In relation to -
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(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) an individual, a fine not
exceeding 50 penalty
units.
(6) The Director may, by notice to the
person to whom an approval has been
issued -
(a) revoke the approval; or
(b) vary, revoke or add to any
condition of the approval.
27. Section 70 amended (Display of tobacco
advertisements, &c.)
Section 70(2) of the Principal Act is amended by
omitting paragraph (b) and substituting the
following paragraph:
(b) a tobacco advertisement -
(i) on a packet containing a tobacco
product, if the packet forms part
of the packaging and labelling of
the tobacco product in accordance
with any relevant guidelines for
the purposes of section 73; or
(ii) that is in accordance with any
relevant guidelines; or
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28. Section 74C amended (Grant or refusal of licence)
Section 74C of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The Director must not grant an
application for a tobacco seller's licence
if the licence is to be used primarily for
the purpose of supplying tobacco to
persons attending a public event.
29. Part 6, Division 1: Heading amended
Division 1 of Part 6 of the Principal Act is
amended by omitting "Orders and notices" from
the heading to that Division and substituting
"Interpretation".
30. Section 127A inserted
Before section 128 of the Principal Act, the
following section is inserted in Division 1:
127A. Interpretation of Part 6
(1) In this Part -
approval means an approval, granted
under section 129C, that is in
force;
water carrier means a person who
carries on the undertaking of a
water carrier as referred to in
section 136D(2);
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water quality auditor means a person
to whom an approval relates;
water quality management plan
means a plan prepared for the
purposes of complying with a
requirement of a guideline
referred to in section 129B(1).
(2) For the purposes of this Act, an Agency,
public authority or person is only to be
taken to supply water that is obtained
from a private water source if the
Agency, public authority or person -
(a) supplies the water for human
consumption; or
(b) ought reasonably be expected to
know that the water so supplied is
intended by the person to whom it
is supplied to be used for human
consumption.
31. Part 6, Division 1A: Heading inserted
Part 6 of the Principal Act is amended by
inserting the following heading before section
128:
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Division 1A - Orders and notices
32. Section 128 amended (Notification of quality of
water)
Section 128 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) An Agency or a public authority
(other than a council) that, in the
course of carrying out its
functions, becomes aware that the
quality of water is a threat to
public health or is likely to
become a threat to public health,
must, in the manner and form
specified in the guidelines, give
to the council in whose municipal
area the water is situated the
information required by the
guidelines to be given to the
council.
Penalty: Fine not exceeding 100
penalty units.
(1A) A person (other than a regulated
entity) who -
(a) manages or is in control
of water, other than a
private water source; and
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(b) becomes aware that the
quality of the water is a
threat to public health or
is likely to become a
threat to public health -
must, in the manner and form
specified in the guidelines, give
to the council in whose municipal
area the water is situated the
information required by the
guidelines to be given to a
council.
Penalty: Fine not exceeding 100
penalty units.
(1B) A person, other than a water
carrier, who -
(a) supplies, intends to
supply, or has supplied,
water that is obtained
from a private water
source; and
(b) becomes aware that the
quality of the water is a
threat to public health or
is likely to become a
threat to public health -
must, in the manner and form
specified in the guidelines, give
to the council in respect of the
municipal area in which the water
is situated the information
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required by the guidelines to be
given to the council.
Penalty: Fine not exceeding 100
penalty units.
(1C) A water carrier who -
(a) supplies, intends to
supply, or has supplied,
water; and
(b) becomes aware that the
quality of the water is a
threat to public health or
is likely to become a
threat to public health -
must, in the manner and form
specified in the guidelines, give
to the council in respect of the
municipal area in which the water
carrier is required under
section 136E to be registered the
information required by the
guidelines to be given to the
council.
Penalty: Fine not exceeding 100
penalty units.
(1D) A council that is of the opinion
that the quality of water is a
threat to public health or is likely
to become a threat to public
health must give to the Director,
in the manner and form specified
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in the guidelines, the information
required by the guidelines to be
given to the Director.
Penalty: Fine not exceeding 100
penalty units.
(1E) A regulated entity that becomes
aware that the quality of water
that it manages or controls is a
threat to public health or is likely
to become a threat to public
health must give to the Director,
in the manner and form specified
in the guidelines, the information
required by the guidelines to be
given to the Director.
Penalty: Fine not exceeding 100
penalty units.
(b) by omitting from subsection (2) "under
subsection (1)" and substituting "this
section";
(c) by omitting subsections (3) and (4) and
substituting the following subsections:
(3) If a council receives a report from
an environmental health officer
that the quality of water is a
threat to public health or is likely
to become a threat to public
health, the council must take any
action, to prevent the threat, that
is specified in any relevant
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guidelines and is necessary and
practicable.
(4) If a regulated entity receives a
report from an environmental
health officer or the Director, or
itself identifies, that the quality of
water that the regulated entity is
managing or is in control of is a
threat to public health or is likely
to become a threat to public
health, the regulated entity must
take any action, to prevent the
threat, that is specified in any
relevant guidelines and is
necessary and practicable.
(5) Action that the relevant
guidelines may specify for the
purposes of subsection (3) or (4)
includes, but is not limited to
including, any actions for any of
the following purposes:
(a) restricting or preventing
the use of the water;
(b) restricting or preventing
the use of any food
product in which the
water has been used;
(c) rendering the water safe;
(d) giving warnings and
information to the public
about the safe use of the
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water or risk of using the
water.
33. Part 6, Division 1B inserted
After section 129 of the Principal Act, the
following Division is inserted in Part 6:
Division 1B - Water quality management
129A. Water to be managed so as not to be threat
to public health
An Agency, public authority, regulated
entity, or other person, that is managing
or in control of water must manage the
water in a manner that does not pose a
threat to public health.
Penalty: Fine not exceeding 100 penalty
units.
129B. Guidelines in relation to water quality
management
(1) The guidelines may -
(a) require a person managing or in
control of water that is intended
for human consumption to
prepare, in relation to the water, a
plan (a water quality
management plan) to promote
and maintain the quality of the
water; and
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(b) specify the matters that are to be
included in a water quality
management plan; and
(c) require a person to review, and
provide reports in respect of, the
operation of a water quality
management plan; and
(d) require a person to take steps to
ensure that a water quality
management plan is
implemented; and
(e) specify that the Director may
require a person to vary the
provisions of a water quality
management plan.
(2) A water quality management plan may, if
permitted by the guidelines, relate to one
or more sources, or bodies, of water that
is intended for human consumption.
(3) The guidelines may require a person
managing or in control of water that is
intended for human consumption -
(a) to prepare and implement plans to
ensure that the requirements of
this Act, or of any water quality
management plan, in relation to
the water are met; and
(b) to provide to the Director the
reports, in relation to the
management or control of the
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water or the implementation of a
water quality management plan,
that the Director requires.
(4) The guidelines may -
(a) require a person to ensure that a
water quality auditor audits -
(i) a water quality
management plan; and
(ii) the management and
control of each of the
sources of the water to
which such a plan relates
or the bodies of the water
that contain the water to
which such a plan relates;
and
(b) specify the matters to which such
an audit is to relate and that are to
be contained in any reports in
relation to such audits; and
(c) require a water quality auditor to
provide to the Director reports in
relation to audits conducted by
the auditor.
129C. Approval of water quality auditors
(1) A natural person may apply to the
Director for approval as a water quality
auditor.
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(2) An application is to be -
(a) in the approved form; and
(b) accompanied by the prescribed
fee, if any.
(3) The Director may refuse to consider an
application by a person unless the person
has provided to the Director the
information the Director requires in order
for the application to be determined.
(4) The Director may, after considering an
application by a person -
(a) grant an approval to the person in
writing, either on conditions
specified in the approval or
without conditions; or
(b) refuse to grant an approval to a
person.
(5) The Director may only grant an approval
to a person if -
(a) the Director is satisfied that the
person is competent to carry out
the duties of a water quality
auditor, having regard to -
(i) the person's technical
skills and experience; and
(ii) the approved competency
criteria, if any; and
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(b) the Director is not aware of any
grounds on which, if the person
held the approval, the approval
could be suspended or cancelled
under section 129E.
(6) Without limiting the conditions on which
an approval may be granted to a person,
an approval may be granted on condition
that the person does not conduct an audit
in relation to a person specified in the
approval.
(7) If the Director refuses to grant an
approval to a person, the Director must
give to the person notice of the refusal
and of the reasons for the refusal.
(8) Unless the approval is cancelled under
section 129E, an approval remains in
force for 12 months from the date on
which it is granted.
(9) An approval is not to be taken to be in
force at any time during a period for
which the approval is suspended.
129D. Variation of condition of approval as a water
quality auditor
(1) The Director, by notice in writing served
on a person who holds an approval, may
vary the conditions of the approval.
(2) The variation of the conditions of an
approval takes effect -
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(a) if an application for review of the
decision to vary the conditions is
not made under section 160C -
28 days after the notice of the
variation is served under
subsection (1); or
(b) if an application for review of the
decision to vary the conditions is
made under section 160C and the
Magistrates Court
(Administrative Appeals
Division) makes a decision
affirming the decision under
review - on the day the decision
was affirmed.
129E. Suspension and cancellation of approval
(1) The Director, by notice served on a water
quality auditor who holds an approval,
may suspend or cancel the approval, if
the Director is satisfied that -
(a) the water quality auditor has
contravened any provision of this
Act or the relevant guidelines; or
(b) the water quality auditor has
contravened a condition of the
approval; or
(c) the water quality auditor has not
carried out an audit, or prepared a
report, for the purposes of the
guidelines -
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(i) competently; or
(ii) in accordance with the
provisions of the relevant
guidelines; or
(d) the water quality auditor had a
conflict of interest in relation to
another person at the time at
which the water quality auditor
carried out, in relation to the
other person, an audit or report
for the purposes of the relevant
guidelines; or
(e) the approval ought to be
cancelled for any other reason.
(2) The cancellation of an approval under
subsection (1) takes effect -
(a) if an application for review of the
decision to cancel the approval is
not made under section 160C -
28 days after the notice of the
cancellation is served under
subsection (1); or
(b) if an application for review of the
decision to cancel the approval is
made under section 160C and the
Magistrates Court
(Administrative Appeals
Division) makes a decision
affirming the decision under
review - on the day the decision
was affirmed.
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(3) The Director, at the request of a water
quality auditor, may, by notice served on
the person, cancel the water quality
auditor's approval.
129F. Duties of water quality auditors
(1) A water quality auditor must notify the
Director as soon as practicable after
becoming aware that the auditor has, or
may have, a conflict of interest in
relation to a person at the time of
conducting an audit, or preparing a
report, for the purposes of the relevant
guidelines, in relation to the person.
(2) A water quality auditor must notify the
Director as soon as practicable, but in
any case within 24 hours, after becoming
aware that water, in relation to which the
auditor is conducting or has conducted an
audit, is a threat to public health or is
likely to become a threat to public health.
129G. When water quality auditor to be taken to
have conflict of interest
(1) For the purposes of this Act, a water
quality auditor has a conflict of interest
in relation to another person if the
auditor -
(a) has, directly or indirectly, a
material personal interest in
relation to the other person; or
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(b) has, under the relevant guidelines,
a conflict of interest in relation to
the person.
(2) For the purposes of this Act, a water
quality auditor does not have a conflict of
interest in relation to another person by
reason only that the auditor is paid, under
a contract or arrangement with the
person, to carry out a duty of the auditor
under this Part or the guidelines.
(3) In this section -
material personal interest in relation
to the other person includes, in
relation to a water quality
auditor -
(a) a pecuniary or non-pecuniary
interest, of the auditor, in the
other person; and
(b) an interest, in the other person, of
a relative of the auditor; and
(c) the holding of another office by
the auditor, where there arises, or
may arise, a conflict between his
or her duties in that office and his
or her duties, in relation to the
person, as an auditor.
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129H. List of auditors to be kept and made
available
(1) The Director is to establish and maintain
a list of water quality auditors and their
contact details.
(2) The list of water quality auditors is to be
made available to the public free of
charge.
34. Section 130 amended (Monitoring and review)
Section 130(2) of the Principal Act is amended
by inserting ", in accordance with any relevant
guidelines," after "monitor".
35. Section 131 amended (Samples)
Section 131(2) of the Principal Act is amended
by inserting ", in accordance with any relevant
guidelines," after "take".
36. Part 6, Division 3: Heading amended
Division 3 of Part 6 of the Principal Act is
amended by omitting "Registration of user or
supplier of private water" from the heading to
that Division and substituting "Registration of
suppliers of water from private water sources".
37. Section 133 amended (Registration)
Section 133 of the Principal Act is amended as
follows:
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(a) by omitting subsection (1) and
substituting the following subsection:
(1) An Agency, public authority or
person must not -
(a) for commercial purposes,
supply water that is
obtained from a private
water source; or
(b) supply to any place that is
used for health,
educational,
imprisonment or detention
purposes, water that is
obtained from a private
water source -
unless the Agency, authority or
person is registered under this
Division as a supplier of water
from a private water source.
Penalty: Fine not exceeding 50
penalty units.
(b) by omitting from subsection (2) "uses
or";
(c) by inserting the following subsections
after subsection (2):
(3) For the purposes of
subsection (1), a person (the
supplier) is not to be taken to
supply water for commercial
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purposes to another person by
reason only that the supplier
supplies water to premises that
are residential premises to which
relates -
(a) a residential tenancy
agreement, within the
meaning of the
Residential Tenancy Act
1997 between the supplier
and the other person; or
(b) a contract, to lease the
premises, entered into by
the supplier and the other
person.
(4) Subsection (1) does not apply in
relation to the supply, as part of
the carrying on of a food
business, within the meaning of
the Food Act 2003, that is
registered as a food business
under that Act, of water from a
private water source.
38. Section 134 amended (Application for registration)
Section 134 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "user
or";
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(b) by inserting the following subsection
after subsection (2):
(3) For the purposes of this section,
the relevant council in relation to
a person applying to be registered
as a supplier of water from a
private water source is the
council in respect of the
municipal area in which the water
is situated.
39. Section 135 amended (Grant or refusal of
registration)
Section 135 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) grant an application for
registration as a supplier of water
from a private water source
without conditions or on the
conditions the council thinks fit;
or
(b) by omitting subsection (2) and
substituting the following subsection:
(2) In determining an application, the
council is to have regard to -
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(a) public health and any
relevant guidelines; and
(b) whether the applicant is
likely to comply with the
Act and any relevant
guidelines; and
(c) if the applicant has
previously been registered
as a supplier of water
from a private water
source - the extent to
which the applicant has
complied with the Act,
any relevant guidelines,
and any conditions of
such registration.
(c) by inserting in subsection (3) "the
applicant of" after "notify".
40. Section 136 amended (Issue of certificate of
registration)
Section 136 of the Principal Act is amended as
follows:
(a) by inserting "or section 136AA" after
"section 135";
(b) by omitting paragraphs (a) and (b) and
substituting the following paragraphs:
(a) issue in an approved form a
certificate of registration as a
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supplier of water from a private
water source; and
(b) endorse the certificate with the
conditions, if any, on which the
application is granted; and
(c) by omitting from paragraph (c)(iii) "of
issue of the certificate." and substituting
"on which the registration is granted and
the period for which, subject to this Act,
the registration remains in force.".
41. Sections 136AA and 136AAB inserted
After section 136 of the Principal Act, the
following sections are inserted in Division 3:
136AA. Renewal of registration
(1) A person may apply to the relevant
council to renew the registration of the
person as a supplier of water from a
private water source.
(2) An application is to be -
(a) in the approved form; and
(b) lodged at the public office of the
council; and
(c) accompanied by the applicable
council fee.
(3) A council may -
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(a) grant an application for renewal
of registration as a supplier of
water from a private water source
and register the applicant without
conditions or on the conditions
the council thinks fit; or
(b) refuse to grant an application for
renewal of registration as a
supplier of water from a private
water source.
(4) In determining an application, a council
is to have regard to -
(a) public health and any relevant
guidelines; and
(b) whether the applicant is likely to
comply with the Act and any
relevant guidelines; and
(c) the extent to which the applicant
has complied with the Act, any
relevant guidelines, and any
conditions of registration as a
supplier of water from a private
water source.
(5) The council, by notice in writing served
on an applicant for renewal of
registration, must notify -
(a) the granting of the application; or
(b) the refusal to grant the
application.
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136AAB. Duration of registration
(1) The registration of a person as a supplier
of water from a private water source
remains in force for 12 months, or a
shorter period specified by the council
and specified on the certificate of
registration, from the date on which the
application for registration, or for
renewal of registration, is granted.
(2) However, if an application to renew the
registration of a person as a supplier of
water from a private water source is
lodged and not determined before the
registration expires, the period of the
registration is extended until the
application is determined.
42. Section 136A amended (Use or supply of water)
Section 136A of the Principal Act is amended as
follows:
(a) by omitting "user or";
(b) by omitting "used or".
43. Section 136AB inserted
After section 136A of the Principal Act, the
following section is inserted in Division 3:
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136AB. Supplier of water from private water source
must give notice to public if water unsafe
A person required to be registered under
section 133(1) as a supplier of water
from a private water source must, if the
person becomes aware that the quality of
the water that the person has supplied or
is intending to supply is a threat to public
health or is likely to become a threat to
public health, take any necessary and
practicable action in accordance with any
relevant guidelines to prevent the threat
by -
(a) restricting or preventing the use
of the water; or
(b) rendering the water safe; or
(c) giving warnings and information
to the public about the safe use of
the water or risk of using the
water.
44. Section 136B amended (Variation of registration)
Section 136B of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A council, on its own volition or
on application by a person who is
registered as a supplier of water
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from a private water source, may
vary the registration by omitting,
adding, substituting or amending
any condition of the registration.
(b) by inserting in subsection (2) "and any
relevant guidelines" after "health";
(c) by inserting in subsection (4)(a) "of the
decision to vary the registration" after
"review";
(d) by inserting in subsection (4)(b) "of the
decision to vary the registration" after "a
review".
45. Section 136C amended (Cancellation of
registration)
Section 136C of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "user
or";
(b) by inserting in subsection (1)(a) ", or a
provision of the Act, or the guidelines,
that applies to a supplier of water from a
private water source," after
"registration";
(c) by inserting in subsection (3)(a) "of the
decision to cancel the registration" after
"review";
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(d) by inserting in subsection (3)(b) "of the
decision to cancel the registration" after
"a review".
46. Part 6, Division 4 inserted
After section 136C of the Principal Act, the
following Division is inserted in Part 6:
Division 4 - Registration of water carriers
136D. Water carriers
(1) In this section -
water tank means a receptacle that is
designed, or used, for the carriage
of liquids in bulk.
(2) For the purposes of this Act, a person
carries on the undertaking of a water
carrier if the person carries on an
undertaking that -
(a) supplies, whether or not for fee or
reward, water that is intended for
human consumption; and
(b) supplies such water by
transporting it in a water tank that
is situated in or on, or is attached
to, a vehicle.
(3) A person does not carry on the
undertaking of a water carrier by reason
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only of being the driver of a vehicle that
carries water.
136E. Water carriers required to be registered
(1) A person must not carry on the
undertaking of a water carrier unless the
person is registered with the council in
respect of the municipal area in which
will be stored the majority of vehicles by
which water is to be supplied in the
course of carrying out the undertaking.
Penalty: Fine not exceeding 50 penalty
units.
(2) A person who is required under this
section to be registered as a water
carrier -
(a) must comply with the conditions,
if any, of the registration and with
any relevant guidelines; and
(b) must supply water, as part of the
undertaking of being a water
carrier, in a manner that does not
pose a threat to public health.
Penalty: Fine not exceeding 50 penalty
units.
136F. Application for registration
(1) A person may apply to a council to be
registered as a water carrier.
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(2) An application is to be -
(a) in the approved form; and
(b) lodged at the public office of the
council; and
(c) accompanied by the applicable
council fee.
136G. Grant or refusal of registration
(1) A council may -
(a) grant an application for
registration as a water carrier and
register the applicant without
conditions or on the conditions
the council thinks fit; or
(b) refuse to grant an application for
registration as a water carrier.
(2) In determining an application, a council
is to have regard to -
(a) public health and any relevant
guidelines; and
(b) whether the applicant is likely to
comply with the Act and any
relevant guidelines; and
(c) if the applicant has previously
been registered as a water
carrier - the extent to which the
applicant has complied with the
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Act, any relevant guidelines, and
any conditions of such
registration.
(3) The council, by notice in writing served
on an applicant for registration, must
notify the applicant of -
(a) the granting of the application; or
(b) the refusal to grant the
application.
136H. Issue of certificate of registration
If a council grants an application under
section 136G or section 136I it is to -
(a) issue in an approved form a
certificate of registration as a
water carrier; and
(b) endorse the certificate with the
conditions, if any, on which the
application is granted; and
(c) specify on the certificate -
(i) the name and address of
the person to whom it is
issued; and
(ii) the date on which the
registration is granted and
the period for which,
subject to this Act, the
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registration remains in
force; and
(iii) the equipment, and the
vehicle registration
number of the vehicles, to
be used by the person in
carrying on the
undertaking of a water
carrier.
136I. Renewal of registration
(1) A person may apply to the relevant
council to renew the registration of the
person as a water carrier.
(2) An application is to be -
(a) in the approved form; and
(b) lodged at the public office of the
council; and
(c) accompanied by the applicable
council fee.
(3) A council may -
(a) grant an application for renewal
of registration as a water carrier
and register the applicant without
conditions or on the conditions
the council thinks fit; or
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(b) refuse to grant an application for
renewal of registration as a water
carrier.
(4) In determining an application, a council
is to have regard to -
(a) public health and any relevant
guidelines; and
(b) whether the applicant is likely to
comply with the Act and any
relevant guidelines; and
(c) the extent to which the applicant
has complied with the Act, any
relevant guidelines, and any
conditions of registration as a
water carrier.
(5) The council, by notice in writing served
on an applicant for renewal of
registration, must notify -
(a) the granting of the application; or
(b) the refusal to grant the
application.
136J. Duration of registration
(1) The registration of a person as a water
carrier remains in force for the period of
12 months, or a shorter period specified
by the council and specified on the
certificate of registration, from the date
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on which the application for registration,
or for renewal of registration, is granted.
(2) However, if an application to renew the
registration of a person as a water carrier
is lodged and not determined before the
registration expires, the period of the
registration is extended until the
application is determined.
136K. Variation of registration
(1) A council, on its own volition or on
application by a person who is registered
as a water carrier, may vary the
registration of the person as a water
carrier by omitting, adding, substituting
or amending any condition of the
registration.
(2) Before varying the registration, the
council is to consider the protection of
public health and any relevant guidelines.
(3) The council, by notice served on the
holder of the certificate of registration as
a water carrier, is to notify any variation
of the registration.
(4) The variation of the registration takes
effect -
(a) if an application for review of the
decision to vary the registration is
not made under section 163B -
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28 days after service of the
notice; or
(b) if an application for review of the
decision to vary the registration is
made under section 163B and the
Magistrates Court
(Administrative Appeals
Division) makes a decision
affirming the decision under
review - on the day the decision
was affirmed.
136L. Cancellation of registration
(1) A council may cancel the registration of
a person as a water carrier if -
(a) a condition of the registration, or
a provision of the Act, or of the
guidelines, that applies to a water
carrier, has not been complied
with; or
(b) the water source, or the supply of
water by the water carrier, is a
threat to public health or a likely
threat to public health.
(2) The council, by notice in writing served
on the holder of a certificate of
registration as a water carrier, is to notify
the cancellation of the registration.
(3) The cancellation of the registration takes
effect -
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(a) if an application for review of the
decision to cancel the registration
is not made under section 163B -
28 days after service of the
notice; or
(b) if an application for review of the
decision to cancel the registration
is made under section 163B and
the Magistrates Court
(Administrative Appeals
Division) makes a decision
affirming the decision under
review - on the day the decision
was affirmed.
136M. Water carrier must give notice to public if
water unsafe
(1) A person required to be registered under
section 136E as a water carrier must, if
the person becomes aware that the
quality of the water in relation to which
the person is registered as a water carrier
is a threat to public health or is likely to
become a threat to public health, take any
action, to prevent the threat, that is
specified in any relevant guidelines and
is necessary and practicable.
(2) Action that the relevant guidelines may
specify for the purposes of subsection (1)
includes, but is not limited to including,
any actions for any of the following
purposes:
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(a) restricting or preventing the use
of the water;
(b) rendering the water safe;
(c) giving warnings and information
to the public about the safe use of
the water or risk of using the
water.
47. Section 137A amended (Contents of Cervical
Screening Register)
Section 137A of the Principal Act is amended by
inserting after paragraph (a) the following
paragraphs:
(ab) a number, or other sign, assigned to the
person so as to identify the person;
(ac) information as to whether or not the
person is an Aboriginal or Torres Strait
Islander, or both;
48. Section 147 substituted
Section 147 of the Principal Act is repealed and
the following section is substituted:
147. Disclosure of information
(1) A person must not disclose to another
person any information, relating to a
natural person, that is information -
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(a) that has been obtained by a
person for the purposes of this
Act or relates to the
administration of this Act; and
(b) from which the identity of the
natural person is apparent or
reasonably ascertainable -
unless the disclosure of the information
is permitted under subsection (2).
Penalty: Fine not exceeding 100 penalty
units.
(2) The disclosure of information by a
person is permitted if the disclosure -
(a) is authorised under
subsection (3); and
(b) except if the disclosure is for the
purposes of subsection (3)(g), (i)
or (j), is in accordance with
relevant guidelines, if any, in
relation to such a disclosure.
(3) A disclosure to a person of information
relating to another person (a relevant
person) that is information from which
the identity of the other person is
apparent or reasonably ascertainable is
authorised if -
(a) the relevant person gives his or
her written consent to the
disclosure or, where he or she is a
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child, or a person with a guardian,
who is incapable of giving
consent, a parent or guardian of
the relevant person gives written
consent to the disclosure; or
(b) the disclosure is disclosure to a
person involved in the diagnosis,
clinical assessment, treatment or
counselling of the relevant
person; or
(c) the disclosure is disclosure to a
person apparently in charge of
any institution or facility which is
involved in the clinical
assessment, treatment or
counselling of the relevant
person; or
(d) the disclosure is disclosure to a
person authorised by the Director;
or
(e) the disclosure is for the purpose
of -
(i) the management,
detection, notification,
treatment or prevention of
the spread of a notifiable
disease or notifiable
contaminant; or
(ii) managing a threat to
public health or a likely
threat to public health; or
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(f) the disclosure is for the purpose
of an approved epidemiological
study, approved study or
approved research; or
(g) the disclosure is for the purposes
of legal proceedings arising out
of this Act; or
(h) the disclosure is for the purposes
of, or occurs in the course of, an
inquiry, or investigation, under
this Act; or
(i) the disclosure is for a purpose
authorised, or is required, by this
Act or another Act; or
(j) the disclosure is for the purposes
of ensuring compliance with, and
enforcing, this Act.
(4) A person must not disclose to a person
any information -
(a) that has been obtained by a
person for the purposes of this
Act or that relates to the
administration of this Act; and
(b) from which the identity of a
business or premises is apparent
or reasonably ascertainable -
unless the person is permitted to do so
under subsection (5).
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Penalty: Fine not exceeding 100 penalty
units.
(5) The disclosure of information by a
person is permitted if the disclosure -
(a) is authorised under
subsection (6); and
(b) except if subsection (6)(d), (g) or
(h) applies, is in accordance with
relevant guidelines, if any, in
relation to such a disclosure.
(6) A disclosure to a person of information
from which the identity of a business or
premises is apparent or reasonably
ascertainable is authorised if -
(a) the owner of the business, or the
occupier of the premises, gives
his or her written consent to the
disclosure; or
(b) the disclosure is disclosure to a
person authorised by the Director;
or
(c) the disclosure is for the purposes
of, or occurs in the course of, an
inquiry, or investigation, under
this Act; or
(d) the disclosure is for a purpose
authorised, or is required, by this
Act or another Act; or
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(e) the disclosure is for the purpose
of -
(i) the management,
diagnosis, detection,
notification, treatment or
prevention of the spread
of a notifiable disease or
notifiable contaminant; or
(ii) managing a threat to
public health or a likely
threat to public health; or
(f) the disclosure is for the purpose
of an approved epidemiological
study, approved study or
approved research; or
(g) the disclosure is for the purposes
of legal proceedings arising out
of this Act; or
(h) the disclosure is for the purposes
of ensuring compliance with, and
enforcing, this Act.
(7) For the purposes of this section, a child
or person is incapable of giving consent
if the child or person is unable to
understand the implications of giving
consent to the disclosure of information
in relation to himself or herself.
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49. Section 148 amended (Requirement for
information)
Section 148 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) A court that finds a person guilty of
failing to comply under subsection (3)
with a requirement to provide
information may order the person to
provide the information to the Director.
50. Section 149 repealed
Section 149 of the Principal Act is repealed.
51. Section 153 amended (Compensation)
Section 153(3) of the Principal Act is amended
by inserting "or a likely threat to public health"
after "health".
52. Section 154A inserted
After section 154 of the Principal Act, the
following section is inserted in Division 4:
154A. Offences against water quality auditors
A person must not -
(a) assault, abuse or threaten a person
conducting an audit, or preparing
a report, required by guidelines
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for the purposes of section 129B;
or
(b) hinder, obstruct or delay a person
conducting an audit, or preparing
a report, required by guidelines
for the purposes of section 129B.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 6 months, or both.
53. Section 160AA inserted
After section 160 of the Principal Act, the
following section is inserted in Division 5:
160AA. Reviews relating to permits to supply needles
and syringes
(1) A person may apply to the Magistrates
Court for a review of a decision of the
Director -
(a) under section 56D to refuse to
issue a permit to the person; or
(b) under section 56F(6) to impose a
condition on a permit issued to
the person under section 56D; or
(c) under section 56E(2) or (3) to
refuse to specify a term on a
permit issued to the person under
section 56D; or
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(d) under section 56G(2) to vary, or
refuse to vary, a condition
imposed under section 56F(6) on
a permit issued to the person
under section 56D; or
(e) under section 56G(2) to vary, to
refuse to vary, or to revoke, a
term specified under
section 56E(2) or (3) on a permit
issued to the person under
section 56D; or
(f) under section 56G(2) to vary, or
to refuse to vary, in accordance
with section 56G(4), a term
specified under section 56E(1) on
a permit issued to the person
under section 56D; or
(g) to revoke, or to refuse to renew,
under section 56H a permit issued
to the person under section 56D.
(2) A person may apply to the Magistrates
Court for a review of a decision of the
Director or a person -
(a) to refuse to issue a certificate
under section 56I(3); or
(b) to cancel a certificate under
section 56I(5).
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54. Sections 160B and 160C inserted
After section 160A of the Principal Act, the
following sections are inserted in Division 5:
160B. Reviews relating to approval of designated
smoking area
A person may apply to the Magistrates
Court (Administrative Appeals Division)
for a review of the Director's decision
to -
(a) grant or refuse to grant an
application for an approval of a
designated smoking area; or
(b) impose any condition on that
approval; or
(c) vary a condition of that approval;
or
(d) suspend or revoke that approval.
160C. Reviews relating to approval of water
quality auditor
A person may apply to the Magistrates
Court (Administrative Appeals Division)
for a review of the Director's decision
to -
(a) grant or refuse to grant an
application for approval as a
water quality auditor; or
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(b) impose any condition on that
approval; or
(c) vary a condition of that approval;
or
(d) suspend or cancel that approval.
55. Section 163A amended (Reviews relating to
registration as supplier of water)
Section 163A of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or renewal
of registration" after "registration";
(b) by omitting from paragraph (a) "user or";
(c) by inserting in paragraph (b) "or renewal
of registration" after "registration".
56. Section 163B inserted
After section 163A of the Principal Act, the
following section is inserted in Division 5:
163B. Reviews relating to registration as a water
carrier
A person may apply to the Magistrates
Court (Administrative Appeals Division)
for a review of a council's decision to -
(a) grant or refuse to grant an
application for registration, or
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renewal of registration, as a water
carrier; or
(b) impose any condition on that
registration or renewal of
registration; or
(c) vary that registration; or
(d) cancel that registration.
57. Section 184 amended (Guidelines)
Section 184 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) The power of the Director under
subsection (1) to issue guidelines is not
limited to the power to make guidelines
for the purposes of a provision that
expressly refers to guidelines.
58. Section 187A inserted
After section 187 of the Principal Act, the
following section is inserted in Division 8:
187A. Quarantined, &c., persons to be permitted to
communicate with certain persons
(1) The Secretary of the Department must
ensure that a person who is quarantined,
placed in isolation, or required to stay in
a particular place, under a direction or
order given in accordance with this Act -
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(a) is given reasonable opportunities
to contact and confer with an
Australian legal practitioner, or a
medical practitioner, of the
person's own choosing; and
(b) receives any communications
made to the person by an
Australian legal practitioner or a
medical practitioner.
(2) For the purposes of subsection (1), the
Secretary of the Department may limit
contact, conferral and communication to
or by a person who has a notifiable
disease to such means as are necessary to
ensure that the notifiable disease is not
transmitted by the person to another
person.
59. Section 196 amended (Guidelines and codes of
practice)
Section 196 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or a day
specified in the guideline or code of
practice as the day on which it is to take
effect" after "or formulated";
(b) by inserting the following subsection
after subsection (1):
(1A) An amendment or revocation, of
a guideline or a code of practice,
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that is made by the Director takes
effect on the day on which it is
made or a day specified in the
guideline or code of practice as
the day on which it is to take
effect.
(c) by omitting from subsection (2) "referred
to in subsection (1)" and substituting ",
or an amendment of a guideline or code
of practice,";
(d) by omitting from subsection (3) "referred
to in subsection (1)" and substituting ",
or an amendment of a guideline or code
of practice";
(e) by inserting in subsection (3) ", or the
amendment," after "the guideline or code
of practice";
(f) by inserting in subsection (4) ", or an
amendment of a guideline or code of
practice," after "A guideline or code of
practice";
(g) by inserting in subsection (4) ", or the
amendment," after "the guideline or code
of practice";
(h) by inserting in subsection (5) ", or an
amendment of a guideline or code of
practice," after "a guideline or code of
practice";
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(i) by inserting in subsection (5) ", or
amendment," after "disallow the
guideline or code of practice";
(j) by inserting in subsection (5) ", or the
amendment," after "negatived, the
guideline or code of practice".
60. Section 198A inserted
After section 198 of the Principal Act, the
following section is inserted in Division 8:
198A. Savings and consequential provisions
consequent to Public Health (Miscellaneous
Amendments) Act 2014
(1) The registration, as a supplier of water
from a private water source, of an
Agency, public authority or person,
which registration is in force
immediately before the day on which the
amendments to section 133 effected by
the amendment Act come into force,
continues in force, as if the registration
had been granted under this Act as in
force after that day, until the end of the
12-month period from the day the
registration is granted.
(2) A person who, immediately before the
amendment day, is the holder of a permit
in force under the HIV/AIDS Preventive
Measures Act 1993 is to be taken, on and
from the amendment day, to be the
holder of a certificate issued under
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section 56I of this Act on the day on
which the permit was issued.
(3) Nothing in this section is to be taken to
prevent the revocation, expiry or
amendment under this Part of a
certificate that is taken under this section
to be issued to a person under
section 56I.
(4) In this section -
amendment Act means the Public
Health (Miscellaneous
Amendments) Act 2014;
amendment day means the day on
which section 56C commences.
61. Schedule 1 amended (Provisions with respect to
membership and meetings of advisory committee)
Clause 11(1) of Schedule 1 to the Principal Act
is amended by omitting "an authorised person"
and substituting "a person authorised by the
Director".
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PART 4 - LEGISLATION REPEALED
62. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
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PART 5 - REPEAL OF ACT
63. Repeal of Act
This Act is repealed on the three hundred and
sixty-fifth day from the day on which all of the
provisions of this Act commence.
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SCHEDULE 1 - LEGISLATION REPEALED
Section 62
HIV/AIDS Preventive Measures Act 1993 (No. 25 of 1993)
126 Government Printer, Tasmania