Public and Environmental Health Act 1987 [Act]

PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987

being

Public and Environmental Health Act 1987 No. 36 of 1987

[Assented to 23 April 1987]¹

as amended by

Statutes Amendment (Water Resources) Act 1991 No. 7 of 1991 [Assented to 28 March 1991]²

Statutes Amendment (Expiation of Offences) Act 1992 No. 71 of 1992 [Assented to 19 November 1992]³

Public and Environmental Health (Review) Amendment Act 1993 No. 9 of 1993 [Assented to 25 March 1993]⁴

Public and Environmental Health (Notification of Diseases) Amendment Act 1996 No. 14 of 1996 [Assented to 24 April 1996]⁵

District Court (Administrative and Disciplinary Division) Amendment Act 2000 No. 4 of 2000 [Assented to 20 April 2000]⁶

South Australian Health Commission (Administrative Arrangements) Amendment Act 2000 No. 34 of 2000 [Assented to 6 July 2000]⁷

¹Came into operation (except ss. 7, 13-29, 39, 44, cl. 2(b), (c) and (f) of Sched. 3, the repeal of the Noxious Trades Act 1943, and the repeal of certain sections of the Health Act 1935) 7 December 1989: Gaz. 7 December 1989, p. 1700; remainder of Act (except the repeal of certain other sections of the Health Act 1935) came into operation 1 July 1991: Gaz. 6 June 1991, p. 1774; repeal of Pt. 9AA of the Health Act 1935 came into operation 10 March 1995: Gaz. 8 December 1994, p. 1943; repeal of remainder of Health Act came into operation 15 May 1995: Gaz. 11 May 1995, p. 2135.

²Came into operation 15 July 1991: Gaz. 11 July 1991, p. 244.

³Came into operation 1 March 1993: Gaz. 18 February 1993, p. 600.

⁴Came into operation 1 July 1993: Gaz. 1 July 1993, p. 196.

⁵Came into operation 1 August 1996: Gaz. 1 August 1996, p. 223.

⁶Schedule 1 (cl. 34) came into operation 1 June 2000: Gaz. 18 May 2000, p. 2554.

⁷Schedule 1 (cl. 13) came into operation 6 July 2000: Gaz. 6 July 2000, p. 5.

NOTE:

×Asterisks indicate repeal or deletion of text.

×Entries appearing in bold type indicate the amendments incorporated since the last reprint.

×For the legislative history of the Act see Appendix 1.

SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.Short title

2.Commencement

3.Interpretation

4.Act to bind the Crown

PART 2

ADMINISTRATION

DIVISION 1—GENERAL

6.Delegation

7.Authorised officers

DIVISION 2—THE PUBLIC AND ENVIRONMENTAL HEALTH COUNCIL

8.The Public and Environmental Health Council

9.Term of office of members

10.Conduct of business

11.Validity of acts of Council and immunity of members

12.Functions of the Council

DIVISION 3—ENFORCEMENT OF PROPER STANDARDS

12A.Powers and duties of relevant authorities

PART 3

PROTECTION OF PUBLIC HEALTH

DIVISION 2—PROVISIONS RELATING TO SANITATION, DRAINAGE, ETC.

15.Prevention of insanitary conditions on premises

16.Offence in relation to insanitary conditions on premises

17.Control of offensive activities

18.Discharge of wastes in a public place

19.Private thoroughfare

20.Provision of adequate sanitation

DIVISION 3—PROTECTION OF WATER SUPPLIES

21.Pollution of water

22.Sources of water supply may be closed

DIVISION 4—ACTION ON DEFAULT, RECOVERY OF COSTS, ETC.

23.Action on default

24.Recovery of costs by one person from another

DIVISION 5—APPEALS

25.Grounds for, and manner of, appeal

26.Constitution of special committee

27.Proceedings of review committee

28.Determination of an appeal

29.Further appeal

PART 4

NOTIFIABLE DISEASES AND THE PREVENTION OF INFECTION

DIVISION 1—NOTIFICATION OF DISEASES

30.Notification

DIVISION 2—EXAMINATION AND TREATMENT OF DISEASES

31.Power of Commission to require a person to undergo an examination

32.Power of Commission, in the interests of public health, to detain persons suffering from diseases

33.Power of Commission to give directions to persons suffering from diseases

34.Right of appeal against a decision of a magistrate

DIVISION 3—CONTROL AND PREVENTION OF INFECTION

35.Reporting to local councils

36.Action to prevent the spread of infection

37.Person infected with disease must prevent transmission to others

PART 5

MISCELLANEOUS

38.Inspections, etc.

39.Councils may appoint officers of health

40.Immunity from liability

41.Power to require information

42.Confidentiality

42A.Provision of certain information

43.Manner of giving notice

43A.Person infested with vermin must prevent transmission to others

44.Reporting

45.Offences

46.Offences by bodies corporate

47.Regulations

SCHEDULE 1

Notifiable Diseases

SCHEDULE 2

Controlled Notifiable Diseases

SCHEDULE 3

Repeal of Certain Acts and Transitional Provisions

APPENDIX 1

LEGISLATIVE HISTORY

APPENDIX 2

DIVISIONAL PENALTIES AND EXPIATION FEES

The Parliament of South Australia enacts as follows:

PART 1

PRELIMINARY

Short title

1. This Act may be cited as the Public and Environmental Health Act 1987.

Commencement

2. (1) This Act will come into operation on a day to be fixed by proclamation.

(2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

"the authority" means—

(a)in relation to a local government area—the local council for that area; and

(b)in relation to a part of the State that is not within a local government area—the Minister,

(but where powers are withdrawn from a local council and vested in the Minister or the Minister is, by agreement with a local council, discharging duties of the council, a reference to the authority in relation to those powers or duties is a reference to the Minister rather than that council);

"authorised officer" means a person—

(a)holding an appointment as an authorised officer under Part 2; or

(b)authorised by the Minister to exercise the powers of an authorised officer under this Act;

"building" includes a structure;

"child" means a person under the age of 16 years;

"the Commission" means the South Australian Health Commission;

"controlled notifiable disease" means—

(a)a notifiable disease included in schedule 2; or

(b)a notifiable disease prescribed by regulation to be a controlled notifiable disease;

"controlling authority" means a controlling authority constituted under the Local Government Act 1934;

"the Council" means the Public and Environmental Health Council constituted under Part 2;

"the Department" means the department of the Minister to whom the administration of this Act is committed;

"director" of a body corporate includes any member of the governing body of the body corporate;

"local council" means a council constituted under the Local Government Act 1934;

"medical practitioner" means a legally qualified medical practitioner;

"notifiable disease" means—

(a)a communicable disease included in schedule 1; or

(b)a communicable disease prescribed by regulation to be a notifiable disease;

"occupier", in relation to premises, means a person who has, or is entitled to, possession or control of the premises and includes a person who is in charge of the premises;

"owner", in relation to premises, includes an occupier of the premises;

"place of public assembly" includes a building (in public or private ownership) at which more than 20 persons gather on a regular or irregular basis;

"pollution", in relation to water, connotes a degree of impurity that renders the water unfit for human consumption;

"premises" means—

(a)any land, building or place (including a public place, or a movable building or structure); or

(b)a part of premises;

"public place" includes a place to which the public ordinarily has access;

"refuse" includes rubbish and other forms of waste material;

"vehicle" includes an aircraft or vessel;

"vermin" includes lice, fleas and mites;

"waste control system" means any system that provides for the collection, treatment or disposal of human, commercial or industrial waste through—

(a)a drainage or sewerage system; or

(b)a system of pipes, pumps, appliances, plant or storage or treatment facilities that deals with the waste in solid or liquid form, or in a combination of both; or

(c)a system that incorporates the use of biological, chemical or artificial means, or any combination of such means, to collect, treat or dispose of the waste, or any residues,

and includes any fixture, fitting, appliance, plant or process associated with any such system but does not include any system of a class excluded by regulation from the ambit of this definition;

"water supply" includes any natural or artificial accumulation or source of water.

(2) Premises are in an insanitary condition if—

(a)the condition of the premises gives rise to a risk to health; or

(b)the premises are so filthy or neglected that there is a risk of infestation by rodents or other pests; or

(c)the condition of the premises is such as to cause justified offence to the owner of any land in the vicinity; or

(d)offensive material or odours are emitted from the premises; or

(e)the premises are for some other reason justifiably declared by the authority to be in an insanitary condition.

Note: For definition of divisional penalties (and divisional expiation fees) see Appendix 2.

Act to bind the Crown

4. This Act binds the Crown.

PART 2

ADMINISTRATION

DIVISION 1—GENERAL

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Delegation

6. (a1) The Minister may, by instrument in writing, delegate any of the Minister's powers or functions under this Act.

(1) The Commission or a local council may, by instrument in writing, delegate any of its powers or functions under this Act.

(1a) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

(2) A delegation under this section—

(a)may be absolute or conditional; and

(b)does not derogate from the powers of the delegator to act in a matter; and

(c)is revocable at will.

(3) No delegation may be made to a local council under this section without the concurrence of the local council.

(4) The Minister or the Commission must not revoke a delegation made to a local council under this section without first consulting with the local council.

Authorised officers

7. (1) Authorised officers may be appointed by the Minister or a local council.

(2) Subject to subsection (3), a person is not eligible for appointment as an authorised officer unless the person—

(a)holds qualifications approved by the Minister; or

(b)held, immediately before the commencement of this Act, an appointment as an officer or health surveyor under the Health Act 1935.

(3) Where, in the opinion of the Minister, a local council cannot reasonably be expected to appoint a qualified person as an authorised officer, the local council may, with the consent of the Minister, appoint a person as an authorised officer even though he or she does not comply with subsection (2).

(4) The Minister must not appoint an officer or employee of a local council as an authorised officer unless the local council consents to the appointment.

(5) Every authorised officer must be furnished with a certificate of authority and the certificate must be produced by the authorised officer on demand.

DIVISION 2—THE PUBLIC AND ENVIRONMENTAL HEALTH COUNCIL

The Public and Environmental Health Council

8. (1) The Public and Environmental Health Council is established.

(2) The Council will consist of six members appointed by the Governor, of whom—

(a)one (the presiding member) will be a member of the staff of the Department; and

(b)two will be persons selected by the Minister from a panel of five nominated by the Executive Council of the Local Government Association of South Australia; and

(c)two will be persons nominated by the Minister, being persons who are qualified in, and have extensive experience in, public and environmental health; and

(d)one will be an officer or employee of a local council, selected by the Minister from a panel of three nominated by the Australian Institute of Health Surveyors (South Australian Division).

(3) Where the Minister, by notice in writing, requests a body to make nominations for the purposes of this section, and the body fails to make the nominations within the time allowed in the notice, a person may be appointed to the Council on the Minister's nomination and that member will be taken to have been appointed on the nomination of the body in default.

(4) The Governor may appoint a suitable person to be the deputy of a member of the Council, and the deputy may, in the absence of that member, act as a member of the Council.

(5) The provisions of this section relating to the qualification and nomination of a member extend to a deputy to that member.

Term of office of members

9. (1) Subject to this section, a member of the Council will be appointed for a term of three years.

* * * * * * * * * *

(3) A member of the Council is, on the expiration of a term of office, eligible for reappointment.

(4) The Governor may remove a member of the Council from office if the member—

(a)becomes mentally or physically incapable of carrying out official duties satisfactorily; or

(b)is guilty of neglect of duty or dishonourable conduct.

(5) The office of a member of the Council becomes vacant if the member—

(a)dies; or

(b)completes a term of office and is not reappointed; or

(c)resigns by written notice addressed to the Minister; or

(d)is removed from office by the Governor pursuant to subsection (4).

(6) On the office of a member of the Council becoming vacant, a person must be appointed to that office in accordance with this Act (but a person who is to fill a casual vacancy in the office of a member will only be appointed for the balance of the term of the person's predecessor).

Conduct of business

10. (1) The presiding member will, if present at a meeting of the Council, preside at that meeting and, in the absence of that member, his or her deputy will preside.

(2) If a person is not available to preside at a meeting of the Council in accordance with subsection (1), the members present may elect one of their number to preside at the meeting.

(3) Four members constitute a quorum of the Council.

(4) A decision carried by a majority of the votes cast by the members present at a meeting of the Council is a decision of the Council.

(5) Each member present at a meeting of the Council is entitled to one vote on a question arising for decision at the meeting and, in the event of an equality of votes, the person presiding is entitled to a second, or casting, vote.

(6) Subject to this Act, the business of the Council may be conducted in such manner as it determines.

Validity of acts of Council and immunity of members

11. (1) An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

(2) No liability attaches to a member of the Council for an act or omission by that member or the Council in good faith in the exercise, performance or discharge, or purported exercise, performance or discharge, of the member's or the Council's powers, functions or duties under this Act.

(3) A liability that would, but for subsection (2), lie against a member of the Council lies against the Crown.

Functions of the Council

12. (1) The functions of the Council are—

(a)to report (on its own initiative or at the request of the Commission or the Minister) to the Commission or the Minister on any matter relating to public or environmental health;

(b)to initiate, carry out or oversee programmes and activities designed to improve or promote public and environmental health;

(c)to promote or, with the approval of the Minister, conduct inquiries into any aspect of public and environmental health;

(d)to keep the operation, administration and enforcement of this Act under review and to recommend to the Minister any legislative or administrative change that appears necessary or appropriate;

(e)to consider and report to the Minister on regulations proposed to be made under this Act;

(f)to carry out any other function or duty assigned to the Council by the Minister or by or under this Act.

(2) The Council may establish such committees and sub‑committees as it thinks fit (which may, but need not consist of, or include, members of the Council) to advise it on any aspect of its functions under this Act.

(3) The Council may, by instrument in writing, delegate any of its powers or functions under this Act.

(4) A delegation under subsection (3)—

(a)may be absolute or conditional; and

(b)does not derogate from the powers of the Council itself; and

(c)is revocable at will.

DIVISION 3—ENFORCEMENT OF PROPER STANDARDS

Powers and duties of relevant authorities

12A. (1) It is the duty of the Minister—

(a)to promote proper standards of public and environmental health in the State generally; and

(b)without derogating from the powers of a local council under this Act (but subject to this section), to take adequate measures to ensure that the provisions of this Act are observed within the State.

(2) Subject to this section, it is the duty of a local council—

(a)to promote proper standards of public and environmental health in its area; and

(b)to take adequate measures to ensure that the provisions of Part 3 are observed in its area; and

(c)to take reasonable steps—

(i)to prevent the occurrence and spread of notifiable diseases within its area; and

(ii)to prevent any infestation or spread of vermin, rodents or other pests within its area.

(3) If, in the opinion of the Council, a local council has failed to discharge its duty under this section, the Council must consult with the local council in relation to the matter.

(4) If, after taking action to comply with subsection (3), the Council considers that the matter remains unresolved, the Council may take such action as appears appropriate.

(5) Without limiting the generality of subsection (4), the Council may, by notice in the Gazette, withdraw powers from a local council and transfer them to the Minister.

(6) Before taking action under subsection (5)—

(a)the Council must, by notice in writing—

(i)inform the local council of its proposed course of action (setting out the grounds on which that action is proposed); and

(ii)invite the local council to make written submissions in relation to the matter; and

(b)if the local council so requests in written submissions to the Council—the Council must discuss the matter with a delegation representing the local council.

(7) The Council must, as soon as is reasonably practicable after publishing a notice under subsection (5), furnish the local council with written reasons for its decision.

(8) The Minister may recover as a debt costs and expenses reasonably incurred in exercising powers transferred under subsection (5) from the local council from which the powers are withdrawn.

(9) The Council may, by subsequent notice in the Gazette, revoke a notice under subsection (5).

(10) The Minister may agree to discharge on behalf of a local council any part of its duty under subsection (2).

(11) An agreement under subsection (10) may be made subject to conditions and limitations.

(12) Where the Minister enters into an agreement under subsection (10), the Minister is, to the extent contemplated by the agreement, vested with the powers of the local council in respect of which the agreement is made.

(13) A breach of duty under this section does not give rise to any civil liability.

PART 3

PROTECTION OF PUBLIC HEALTH

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DIVISION 2—PROVISIONS RELATING TO SANITATION, DRAINAGE, ETC.

Prevention of insanitary conditions on premises

15. (1) If premises are in an insanitary condition, the authority may, by notice in writing, require an owner of the premises or any other person who is apparently responsible for causing the insanitary condition or allowing the insanitary condition to occur—

(a)to take specified action to improve the condition of the premises; or

(b)to desist from a specified activity to which the condition of the premises is apparently attributable.

(2) If residential premises are, by reason of their insanitary condition, unfit for human habitation, the authority may include in a notice under subsection (1), a direction that, after a date specified in the notice, the premises must not be occupied until—

(a)specified action to render the premises fit for human habitation has been taken; and

(b)the authority is satisfied that the premises are fit for human habitation.

(3) A person to whom a notice under subsection (1) is addressed shall not, without reasonable excuse, fail to comply with the notice.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

(4) Where a notice under subsection (1) includes a direction under subsection (2), the authority must have a copy of the notice affixed to a conspicuous part of the premises to which it relates.

(5) A person shall not, knowing that a direction exists under subsection (2), occupy premises in contravention of that direction.

Penalty: Division 6 fine.

Expiation fee: Division 7 fee.

(6) The authority may, by further notice in writing, vary or revoke a notice given under this section.

Offence in relation to insanitary conditions on premises

16. (1) If premises are in an insanitary condition, any person who is responsible for causing the condition or allowing the condition to occur is guilty of an offence.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

(2) It is a defence to a charge for an offence against subsection (1) to prove that there is a reasonable excuse for the condition of the premises.

Control of offensive activities

17. (1) If an activity—

(a)gives rise to a risk to health; or

(b)results in the emission of offensive material or odours,

the authority may, by notice in writing to the person responsible for the activity, require that person to desist from the activity or to observe requirements stipulated in the notice in relation to the carrying on of the activity.

(2) A person who, without reasonable excuse, fails to comply with a notice under subsection (1) is guilty of an offence.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

Discharge of wastes in a public place

18. (1) A person who discharges waste into a public place is guilty of an offence.

Penalty: Division 3 fine.

(2) A person who, without lawful permission, discharges waste into premises of which he or she is not an owner is guilty of an offence.

Penalty: Division 3 fine.

(3) The authority may, by notice in writing, require the owner to take specified action (immediately or within a period specified in the notice)—

(a)to prevent the discharge or potential discharge of waste from those premises into a public place or other premises; or

(b)to remove waste discharged by the owner into a public place or other premises.

(4) A person to whom a notice under subsection (3) is addressed shall not, without reasonable excuse, fail to comply with the notice.

Penalty: Division 3 fine.

Expiation fee: Division 6 fee.

(5) The authority may, by further notice in writing, vary or revoke a notice given under this section.

Private thoroughfare

19. (1) The owner of a private thoroughfare shall keep the thoroughfare clean and free of refuse.

Penalty: Division 6 fine.

Expiation fee: Division 7 fee.

(2) Where the owner of a private thoroughfare fails to comply with subsection (1), the authority may, by notice in writing, require the owner to take specified action to remedy the default within such time as the authority allows in the notice.

(3) A person to whom a notice under subsection (2) is addressed shall not, without reasonable excuse, fail to comply with the notice.

Penalty: Division 6 fine.

Expiation fee: Division 7 fee.

(4) The authority may, by further notice in writing, vary or revoke a notice given under this section.

(5) In this section—

"private thoroughfare" means a private street, road, lane, footway, alley, court or thoroughfare that the public is allowed to use.

Provision of adequate sanitation

20. (1) Where the authority is of the opinion that premises have inadequate facilities for sanitation or personal hygiene, the authority may, by notice in writing, require an owner of the premises to take such action as the authority thinks necessary, and specifies in the notice, to provide adequate facilities within such time, and in such manner, as is specified in the notice.

(2) A person to whom a notice under subsection (1) is addressed shall not, without reasonable excuse, fail to comply with the notice.

Penalty: Division 6 fine.

Expiation fee: Division 7 fee.

(3) The authority may, by further notice in writing, vary or revoke a notice given under this section.

(4) The owner of a building that is used as a place of public assembly shall keep the building clean and properly ventilated.

Penalty: Division 6 fine.

Expiation fee: Division 7 fee.

DIVISION 3—PROTECTION OF WATER SUPPLIES

Pollution of water

21. (1) A person who pollutes a water supply is guilty of an offence.

Penalty: Division 1 fine.

(2) If the authority is of the opinion that a water supply may become polluted in consequence of a particular activity, the authority may, by notice in writing addressed to the person responsible for the activity, require the person—

(a)to take specified action to prevent pollution of the water supply within such time as the authority specifies in the notice; or

(b)to desist from the activity.

(3) A person to whom a notice under subsection (2) is addressed shall not, without reasonable excuse, fail to comply with the notice.

Penalty: Division 1 fine.

(4) The authority may, by further notice in writing, vary or revoke a notice given under this section.

(5) This section does not apply to, or in relation to—

(a)the pollution of water supply that is authorised by or under the Water Resources Act 1990;

(b)a person in relation to the pollution of a water supply if that person is exempted by or under the Water Resources Act 1990 from the operation of Division 2 of Part 5 of that Act in relation to the pollution of that water supply;

(c)the pollution of a water supply if the pollution does not constitute an offence under the Water Resources Act 1990 because of a regulation under that Act declaring that the Act, or a particular provision of the Act, does not apply to, or in relation to, the water supply.

Sources of water supply may be closed

22. (1) If the authority is of the opinion that a water supply is polluted and that action is necessary under this subsection to prevent human consumption of the water, it may, by notice published in the Gazette, restrict or prohibit the taking of water from that water supply, or the use of water taken from that water supply, for human consumption.

(2) A person, knowing that a notice has been given under subsection (1), shall not, without reasonable excuse, contravene the notice.

Penalty: Division 4 fine.

(3) The authority may, by further notice in the Gazette, vary or revoke a notice given under this section.

DIVISION 4—ACTION ON DEFAULT, RECOVERY OF COSTS, ETC.

Action on default

23. (1) Where the requirements of a notice under this Part are not complied with, the authority may cause the requirements to be carried out.

(2) A person authorised to do so by the authority may enter premises at any reasonable time for the purposes of carrying out the requirements of a notice, but shall not break into the premises unless authorised to do so by warrant of a justice.

(3) A justice may issue a warrant under subsection (2) if satisfied, by affidavit or other sworn evidence, that the warrant is reasonably required in the circumstances of the case.

(4) The authority may recover the costs and expenses reasonably incurred in exercising the powers under subsection (1) from the person who failed to comply with the notice, as a debt.

(5) Any costs and expenses reasonably incurred in exercising powers under subsection (1) in respect of land will be a charge against the land and may be recovered as if they were rates in arrear.

Recovery of costs by one person from another

24. Where—

(a)a person is required by a notice under this Part to take any action; and

(b)the circumstances out of which the requirement arose are attributable to the act or default of another,

the person may recover the amount of the costs and expenses reasonably incurred in complying with the notice from that other person as a debt.

DIVISION 5—APPEALS

Grounds for, and manner of, appeal

25. (1) A person may appeal against a requirement imposed under this Part.

(2) An appeal under this section lies to the Council and must be instituted by a written notice of appeal setting out, in detail, the grounds of appeal.

(3) An appeal must be instituted within 14 days of the requirement being imposed under this Part unless the Council, in its discretion, allows an extension of time for instituting the appeal.

(4) Subject to a determination by the Council to the contrary in relation to a particular appeal, where an appeal has been instituted, the requirement appealed against is suspended until the appeal has been determined or withdrawn.

(5) An appeal under this section is to be conducted as a full review of the matter to which the appeal relates.

(6) An appeal under this section must be dealt with as expeditiously as possible.

Constitution of special committee

26. (1) An appeal will be heard and determined by a review committee, constituted by the Council, consisting of—

(a)the member of the staff of the Department appointed to the Council (who will preside); and

(b)one of the members of the Council who were appointed on the nomination of the Local Government Association of South Australia; and

(c)either one of the members of the Council who were appointed on the nomination of the Minister on account of their qualifications and experience in public and environmental health or the member of the Council appointed on the nomination of the Australian Institute of Health Surveyors (South Australian Division).

(2) A decision in which two members of a review committee concur is a decision of the Council and takes effect without further action by the Council.

Proceedings of review committee

27. (1) For the purposes of dealing with an appeal, a review committee may adopt such procedures as it thinks appropriate.

(2) A party is entitled to appear personally or, with leave of the committee, by representative, in proceedings before a review committee.

(3) A review committee may proceed to determine an appeal in the absence of a party if the party has had notice of the time and place of the proceedings and fails to appear.

(4) In any proceedings before a review committee, the review committee is not bound by the rules of evidence but may inform itself upon any matter relating to the proceedings in such manner as it thinks fit.

Determination of an appeal

28. Upon hearing an appeal, a review committee may—

(a)revoke the requirement appealed against and, where appropriate, discharge any notice given to the appellant;

(b)substitute any requirement or notice that could have been made or given in the first instance;

(c)dismiss the appeal;

(d)refer the matter back to the authority for re‑consideration;

(e)make an order for costs;

(f)make any ancillary order that the committee thinks fit.

Further appeal

29. (1) A right of appeal exists to the Administrative and Disciplinary Division of the District Court against a decision of the Council under this Division.

(1a) An appeal must be instituted within 14 days of the decision of the Council.

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PART 4

NOTIFIABLE DISEASES AND THE PREVENTION OF INFECTION

DIVISION 1—NOTIFICATION OF DISEASES

Notification

30. (1) Where a medical practitioner or person of a class prescribed by regulation suspects that a person is suffering from or has died from a notifiable disease, the medical practitioner or person of a prescribed class—

(a)shall as soon as practicable and, in any event, within three days of forming that suspicion, report the case to the Department; and

(b)shall furnish the Department with such further information as the Department may require.

Penalty: Division 7 fine.

Expiation fee: Division 8 fee.

(2) A report under subsection (1)—

(a)must be made in a manner and form determined by the Department; and

(b)must be accompanied by the required information.

(3) On the receipt of a report under subsection (1) that relates to a person in a local government area, the Department must, where there is an immediate threat to public health in the area, immediately communicate the contents of the report to the local council for the area.

(4) A medical practitioner (other than a person of a class prescribed by regulation) who suspects that a person is suffering from a notifiable disease is not required to make a report under subsection (1) with respect to that case if the practitioner knows or reasonably believes that a report has already been made to the Department by another medical practitioner who is or who has been responsible for the treatment of that person.

(5) A medical practitioner or person of a class prescribed by regulation who makes a report to the Department in accordance with this section is, subject to any prescribed exception, entitled to be paid the prescribed fee.

(6) No civil liability arises from a statement made honestly and without malice in a report under this section.

* * * * * * * * * *

DIVISION 2—EXAMINATION AND TREATMENT OF DISEASES

Power of Commission to require a person to undergo an examination

31. (1) Where the Commission has reasonable grounds to suspect that a person is or may be suffering from a controlled notifiable disease, the Commission may, by notice in writing addressed to the person, require the person to present himself or herself for examination by a medical practitioner at such time and place as is specified in the notice.

(2) If a person who has been served with a notice under subsection (1) fails to comply with the notice, a magistrate may issue a warrant for the apprehension and examination of that person.

(3) Reasonable force may be exercised in the execution of a warrant under subsection (2).

(4) A person apprehended in pursuance of a warrant may be detained for a period not exceeding 48 hours for the purpose of examination.

(5) Where—

(a)a person is examined pursuant to this section; and

(b)the examination discloses that the person is not suffering from a controlled notifiable disease,

the person is entitled to reasonable compensation from the Commission for costs and expenses directly incurred by the person in attending for the examination.

(6) Compensation payable under subsection (5) may be recovered as a debt.

Power of Commission, in the interests of public health, to detain persons suffering from diseases

32. (1) Where—

(a)a medical practitioner has certified that a person is suffering from a controlled notifiable disease; and

(b)the Commission is of the opinion that in the interests of public health the person should be kept at a suitable place of quarantine,

a magistrate may, on the application of the Commission, issue a warrant for the detention of the person at a suitable place of quarantine.

(2) An application for a warrant under subsection (1) may, in an emergency, be made by telephone.

(3) A person held in detention under subsection (1) must be given a notice setting out the reason for his or her detention and such other information as may be prescribed.

(4) A person may not be held in detention under subsection (1) for more than 72 hours unless—

(a)the Commission applies to a magistrate for an extension of the period of detention; and

(b)the magistrate, after considering any representations made by or on behalf of the person under detention, extends the period of detention.

(5) Subject to subsection (6), a person must not be detained under this section for more than six months.

(6) A person may be detained for more than six months on the authorisation of a Supreme Court judge.

(7) A person who is being detained pursuant to the decision of a magistrate under subsection (4) or the authorisation of a Supreme Court judge under subsection (6) must be examined by a medical practitioner at intervals not exceeding—

(a)four weeks; or

(b)such shorter period or periods as the magistrate or judge may determine having regard to the nature of the particular notifiable disease and the extent of the infection.

(8) An examination under subsection (7) is not to proceed if the person objects to being examined.

Power of Commission to give directions to persons suffering from diseases

33. (1) Where—

(a)a medical practitioner has certified that a person is suffering from a controlled notifiable disease; and

(b)the Commission is of the opinion that the person should take or refrain from certain action to prevent the risk of infection spreading to others,

the Commission may, by notice in writing, give appropriate directions to the person.

(2) The directions that may be given to a person under subsection (1) include—

(a)a direction that the person reside at a specified place;

(b)a direction that the person place himself or herself under the supervision of a member of the staff of the Department or a medical practitioner nominated by the Commission and obey the reasonable directions of that person;

(c)a direction that the person submit himself or herself to examination by a medical practitioner at such intervals as the Commission may require;

(d)a direction that the person refrain from performing specified work or any work other than specified work;

(e)such other directions as to the person's conduct or supervision that the Commission considers should apply in order to prevent the spread of infection.

(3) A person to whom a direction is given under this section may apply to a magistrate for a review of the direction.

(4) On a review under subsection (3), the magistrate may—

(a)confirm, vary or quash the direction;

(b)make any further or other direction.

(5) A person who, without reasonable excuse, contravenes or fails to comply with a direction under this section is guilty of an offence.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

(6) If a person fails to comply with a direction under this section, a magistrate may issue a warrant for the apprehension of that person.

(7) A person apprehended in pursuance of a warrant must be brought as soon as practicable before the magistrate who may—

(a)add to, or vary, the directions; or

(b)issue a warrant for the detention of the person under this Part in a place of quarantine.

Right of appeal against a decision of a magistrate

34. (1) A right of appeal exists to the Supreme Court (constituted of a single judge) against a decision of a magistrate under this Division.

(2) On an appeal, the Supreme Court may—

(a)vary or quash the magistrate's decision;

(b)make any order that the justice of the case may require.

DIVISION 3—CONTROL AND PREVENTION OF INFECTION

Reporting to local councils

35. The Department—

(a)shall, on a monthly basis, provide each local council with a report on the occurrence of notifiable diseases in its area and any problems caused by such diseases that may exist in the area; and

(b)shall inform a local council of the occurrence of any notifiable disease in its area that constitutes, or may constitute, a threat to public health.

Action to prevent the spread of infection

36. (1) Where there is danger to public health from the possible spread of a notifiable disease, the Commission or an authorised officer authorised by the Commission for the purposes of this section may give directions and take such action as may be appropriate to avert that danger.

(2) Without limiting the generality of subsection (1), the Commission or authorised officer may—

(a)direct that any premises, vehicle or article be cleansed or disinfected;

(b)direct the destruction of any article, substance or food;

(c)seize any vehicle, article, substance or food;

(d)impose areas of quarantine or close premises;

(e)restrict movement into and out of any place or premises;

(f)take such other action as may be prescribed.

(3) A person who is given a direction under subsection (1) or (2) shall not, without reasonable excuse, fail to comply with the direction.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

(4) For the purpose of exercising a power under subsection (1) or (2), an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

(5) Where a person fails to take action in accordance with a direction, the Commission or an authorised officer may take that action or cause it to be taken.

(6) The Commission may recover as a debt costs and expenses reasonably incurred in exercising powers under subsection (5) from the person who failed to take the required action.

(7) For the purpose of exercising any power under this section, a person authorised to do so by the Commission may enter premises at any reasonable time, but shall not break into the premises unless authorised to do so by warrant of a justice.

(8) A justice may issue a warrant under subsection (7) if satisfied, by affidavit or other sworn evidence, that the warrant is reasonably required in the circumstances of the case.

(9) Where the Commission informs a local council of the occurrence of a notifiable disease in its area that constitutes a threat to public health, the local council must take such action as is reasonably open to the local council to assist in preventing the spread of that disease.

Person infected with disease must prevent transmission to others

37. (1) A person infected with a controlled notifiable disease shall take all reasonable measures to prevent transmission of the disease to others.

Penalty: Division 3 fine.

* * * * * * * * * *

PART 5

MISCELLANEOUS

Inspections, etc.

38. (1) An authorised officer may, for purposes connected with the exercise, performance or discharge of any power, function or duty under this Act—

(a)at any reasonable time, enter or inspect any premises or vehicle; and

(b)during the course of the inspection of any premises or vehicle—

(i)ask questions of any person found in the premises or vehicle; and

(ii)inspect any article or substance found in the premises or vehicle; and

(iii)take and remove samples of any substance found in the premises or vehicle; and

(iv)require any person to produce any plans, specifications, books, papers or documents; and

(v)examine, copy and take extracts from any plans, specifications, books, papers or documents; and

(vi)take photographs, films or video recordings; and

(vii)take measurements, make notes and carry out tests; and

(viii)remove any article that may constitute evidence of the commission of an offence against this Act; and

(c)require any person to answer any question that may be relevant to—

(i)ascertaining whether the person is suffering from a notifiable disease; or

(ii)the administration or enforcement of this Act.

(2) In the exercise of powers under subsection (1), an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

(2a) An authorised officer may use force to enter any premises or vehicle—

(a)on the authority of a warrant issued by a magistrate; or

(b)if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

(2b) A magistrate must not issue a warrant under subsection (2a) unless satisfied, on information given on oath—

(a)that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or

(b)that the warrant is reasonably required in the circumstances.

(3) Where an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle shall provide such assistance as the authorised officer reasonably requires to facilitate the inspection.

(4) A person who—

(a)hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or

(b)having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or

(c)being the person in charge of premises or a vehicle subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,

is guilty of an offence.

Penalty: Division 6 fine.

(5) A person is not required to answer a question under this section if the answer would tend to incriminate him or her.

Councils may appoint officers of health

39. A local council may appoint a person to act as the officer of health for its area.

Immunity from liability

40. (1) No personal liability attaches to—

(a)an authorised officer or a person assisting an authorised officer in the exercise or purported exercise of a power under this Act; or

(b)a member of the staff of the Department or any other person authorised by the Minister or the Commission to act under this Act,

for an act or omission on his or her part in good faith in the exercise, performance or discharge, or purported exercise, performance or discharge, of any power, function or duty conferred or imposed by this Act.

(2) A liability that would, but for subsection (1), lie against a person on whom an immunity is conferred by that subsection lies instead against the Crown.

Power to require information

41. (1) The Minister, the Commission or a local council may require a person to furnish such information relating to public or environmental health as may be reasonably required for the purposes of this Act.

(2) Subject to subsection (3), a person who fails to comply with a requirement under subsection (1) is guilty of an offence.

Penalty: Division 6 fine.

Expiation fee: Division 7 fee.

(3) A person is not required to furnish information under subsection (1) if the information would tend to incriminate him or her.

(4) A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics.

Confidentiality

42. Where a person, in the course of official duties, obtains—

(a)medical information relating to another; or

(b)information the disclosure of which would involve the disclosure of information relating to the personal affairs of another,

the person shall not intentionally disclose that information unless—

(c)the disclosure is made in the course of official duties; or

(d)the disclosure is made with the consent of the other person; or

(e)the disclosure is required by a court or tribunal constituted by law.

Penalty: Division 6 fine.

Provision of certain information

42A. (1) This section applies to a person employed or engaged by the State for the purpose of—

(a)monitoring public health in the State; or

(b)investigating public health problems within the State; or

(c)assessing and improving the quality of public health in the State.

(2) The Governor may, by instrument in writing, authorise a person to whom this section applies to have access to confidential information relating to the performance of any function referred to in subsection (1).

(3) Confidential information may be disclosed to a person authorised under subsection (2), and to any person providing technical, administrative or secretarial assistance to that person, without breach of any law or any principle of professional ethics.

(4) A person must not disclose confidential information obtained directly or indirectly pursuant to this section unless—

(a)the disclosure is made in the course of official duties; or

(b)the disclosure is made with the consent of the person to whom the information relates; or

(c)the disclosure is required by a court or tribunal constituted by law.

Penalty: Division 6 fine.

(5) In this section—

"confidential information" means—

(a)medical information; or

(b)information relating to a person's personal affairs.

Manner of giving notice

43. A notice required or authorised by this Act may be given or served—

(a)personally; or

(b)by post; or

(c)if the notice relates to premises and is to be served on an owner of those premises—by affixing the notice to a conspicuous part of the premises.

Person infested with vermin must prevent transmission to others

43A. (1) A person infested with vermin must take all reasonable measure to prevent transmission of the vermin to others.

Penalty: Division 9 fine.

(2) If a child is infested with vermin, a parent of the child must take all reasonable measures to prevent transmission of the vermin to others.

Penalty: Division 9 fine.

Reporting

44. (1) Every local council shall, on or before the thirtieth day of September in each year, submit to the Council a report on the work of the local council under this Act during the financial year ending on the thirtieth day of June in that year, and the report must include, in respect of that financial year—

(a)a report on the standard of public and environmental health in the local council's area;

(b)details of the measures that the local council has taken under Part 3.

(2) The Council shall, on or before the thirtieth day of October in each year, submit to the Minister—

(a)a report on the work of the Council under this Act during the financial year ending on the thirtieth day of June in that year; and

(b)a copy of each report of a local council submitted to the Council under subsection (1).

(3) The Department shall, on or before the thirty‑first day of December in each year, submit to the Minister a report on the operation of this Act during the financial year ending on the thirtieth day of June in that year, and the report must include, in respect of that financial year a report on the standard of public and environmental health in the State generally.

(4) The Minister shall within 12 sitting days after the receipt of the two reports under subsection (3), cause a copy of each report to be laid before each House of Parliament.

Offences

45. (1) Subject to subsection (1a), an offence against this Act is a summary offence.

(1a) An offence against this Act for which the maximum penalty prescribed by this Act is a division 1 fine is a minor indictable offence.

(2) Proceedings for an offence against this Act cannot be commenced except upon the complaint of—

(a)an authorised officer; or

(b)a member of the staff of the Department; or

(c)the chief executive officer of a local council; or

(d)a member of the police force; or

(e)a person acting on the written authority of the Minister.

(2a) An apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of an authorisation under subsection (2)(e).

(3) Proceedings for an offence against this Act must be commenced within one year after the date on which the offence is alleged to have been committed.

(4) Where a person is convicted of an offence against this Act and after that conviction the act or omission of the person that constituted the offence continues, that person is guilty of a separate and further offence in respect of each day during which the act or omission continues.

Penalty: Division 10 fine for each separate and further offence.

Offences by bodies corporate

46. Where a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless it is proved that the director could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.

Regulations

47. (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.

(2) Without limiting the generality of subsection (1), those regulations may—

(a)provide for the removal or destruction of any object or substance that creates a risk to public health;

(b)prohibit, restrict or regulate the manufacture, possession or use of substances that may create a risk to public health;

(c)prohibit or restrict the construction of premises that may create a risk to public health;

(d)prohibit or regulate the keeping of animals of a particular class;

(e)authorise or require the taking of specified measures to prevent the occurrence or spread of any notifiable disease;

(f)require the furnishing of reports to the Commission relating to notifiable diseases;

(g)regulate the construction, installation, maintenance and operation, and provide for the inspection, of swimming pools, spa pools, waterslides, wave pools or any other similar structure designed for human use;

(h)prescribe standards that must be observed in relation to the installation and operation of waste control systems;

(ha)regulate the construction, installation, maintenance, alteration and operation of waste control systems;

(hb)provide for the inspection and testing of waste control systems;

(hc)require the provision of technical reports or other forms of information in relation to any waste control system, or any proposed waste control system;

(i)provide for the provision of returns and information to the Minister, the Commission or the Council by prescribed persons or persons of prescribed classes;

(j)on the recommendation of the Council, prescribe guidelines to assist local councils in the administration of this Act;

(k)prescribe fees and expenses in connection with any matter arising under this Act, which may be of varying amounts according to factors prescribed in the regulations or determined by the Minister from time to time and published in the Gazette;

(ka)provide for the payment and recovery of prescribed fees and expenses;

(kb)empower or require the Minister or local council to refund, reduce or remit any fee payable under this Act;

(l)prescribe forms for the purposes of this Act;

(la)regulate the requirements and prescribe information that must be provided in connection with any application made for the purposes of this Act;

(m)exempt, either absolutely or subject to prescribed conditions or limitations—

(i)persons or classes of persons;

(ii)areas of the State,

from this Act or specified provisions of this Act;

(n)prescribe penalties not exceeding a division 6 fine for breach of any regulation.

(3) Regulations made under subsection (2)(d) in relation to the keeping of animals may provide for—

(a)the nature and condition of land or buildings in which the animals may be kept;

(b)the inspection of any place where the animals are kept;

(c)the maximum number of animals that may be kept per unit area;

(d)the storage of animal food;

(e)the control of vermin;

(f)the disposal of wastes.

(4) A regulation may not be made under subsection (2)(d) unless the Governor is satisfied—

(a)that the regulation is reasonably necessary to prevent the transmission of disease from the animals to humans or to prevent insanitary conditions; and

(b)that there has been reasonable consultation with the persons who would be directly affected by the regulation, or with their representatives.

(5) The regulations may adopt, wholly or partially and with or without modification—

(a)a code or standard relating to matters in respect of which regulations may be made under this Act; or

(b)an amendment to such a code or standard.

(6) Any regulations adopting a code or standard, or an amendment to a code or standard, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.

(7) The regulations or a code or standard adopted by the regulations may—

(a)refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and

(b)be of general or limited application; and

(c)make different provision according to the persons, things or circumstances to which they are expressed to apply; and

(d)provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commission or a local council.

(8) Where—

(a)a code or standard is adopted by the regulations; or

(b)the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,

then—

(c)a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

(d)in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and

(e)the code, standard or other document has effect as if it were a regulation made under this Act.

APPENDIX 1

LEGISLATIVE HISTORY

(entries in bold type indicate amendments incorporated since the last reprint)

Section 3(1):definition of "the authority" amended by 34, 2000, Sched. 1 cl. 13(a)

definition of "authorised officer" amended by 34, 2000, Sched. 1 cl. 13(b)

definition of "child" inserted by 9, 1993, s. 3(a)

definition of "the Department" inserted by 34, 2000, Sched. 1 cl. 13(c)

definition of "notifiable disease" substituted by 9, 1993, s. 3(b)

definition of "vermin" inserted by 9, 1993, s. 3(c)

definition of "waste control system" inserted by 9, 1993, s. 3(c)

Section 5:repealed by 34, 2000, Sched. 1 cl. 13(d)

Section 6(a1):inserted by 34, 2000, Sched. 1 cl. 13(e)

Section 6(1):substituted by 9, 1993, s. 4(a)

Section 6(1a):inserted by 9, 1993, s. 4(a)

Section 6(2):amended by 9, 1993, s. 4(b); 34, 2000, Sched. 1 cl. 13(f)

Section 6(4):amended by 34, 2000, Sched. 1 cl. 13(g)

Section 7(1) - (4):amended by 34, 2000, Sched. 1 cl. 13(h)

Section 8(2):amended by 34, 2000, Sched. 1 cl. 13(i), (j)

Section 9(2):repealed by 34, 2000, Sched. 1 cl. 13(k)

Division 3 of Part 2 comprising s. 12A and heading inserted by 9, 1993, s. 5

Section 12A(1):amended by 34, 2000, Sched. 1 cl. 13(l)

Section 12A(5):amended by 34, 2000, Sched. 1 cl. 13(m)

Section 12A(8):amended by 34, 2000, Sched. 1 cl. 13(n)

Section 12A(10):amended by 34, 2000, Sched. 1 cl. 13(o)

Section 12A(12):amended by 34, 2000, Sched. 1 cl. 13(p)

Division 1 of Part 3 comprising ss. 13, 14 and heading repealed by 9, 1993, s. 6

Section 15(3) and (5):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 16(1):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 17(2):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 18(1) and (2):amended by 9, 1993, s. 18

Section 18(4):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 19(1) and (3):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 20(2) and (4):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 21(1) and (3):amended by 9, 1993, s. 18

Section 21(5):inserted by 7, 1991, s. 6(a)

Section 22(1):substituted by 7, 1991, s. 6(b)

Section 22(2):amended by 9, 1993, s. 18

Section 26(1):amended by 34, 2000, Sched. 1 cl. 13(q), (r)

Section 29(1):amended by 4, 2000, s. 9(1) (Sched. 1 cl. 34(a))

Section 29(1a):inserted by 9, 1993, s. 7; amended by 4, 2000, s. 9(1) (Sched. 1 cl. 34(b))

Section 29(2):repealed by 4, 2000, s. 9(1) (Sched. 1 cl. 34(c))

Section 30(1):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18; 14, 1996, s. 3(a), (b); 34, 2000, Sched. 1 cl. 13(s)

Section 30(2) and (3):amended by 34, 2000, Sched. 1 cl. 13(s)

Section 30(4):substituted by 14, 1996, s. 3(c); amended by 34, 2000, Sched. 1 cl. 13(s)

Section 30(5):amended by 14, 1996, s. 3(d); 34, 2000, Sched. 1 cl. 13(s)

Section 30(7):repealed by 14, 1996, s. 3(e)

Section 33(2):amended by 34, 2000, Sched. 1 cl. 13(t)

Section 33(5):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 35:amended by 34, 2000, Sched. 1 cl. 13(u)

Section 36(1):amended by 9, 1993, s. 8(a)

Section 36(3):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 36(9):amended by 9, 1993, s. 8(b)

Section 37(1):amended by 9, 1993, s. 18

Section 37(2) - (4):repealed by 9, 1993, s. 9

Section 38(1):amended by 9, 1993, s. 10(a)

Section 38(2a) and (2b):inserted by 9, 1993, s. 10(b)

Section 38(4):amended by 9, 1993, s. 18

Section 40(1):amended by 34, 2000, Sched. 1 cl. 13(v)

Section 41(1):substituted by 34, 2000, Sched. 1 cl. 13(w)

Section 41(2):amended by 71, 1992, s. 3(1) (Sched.); 9, 1993, s. 18

Section 41(4):inserted by 9, 1993, s. 11

Section 42:amended by 9, 1993, s. 18

Section 42A:inserted by 9, 1993, s. 12

Section 43A:inserted by 9, 1993, s. 13

Section 44(2):amended by 34, 2000, Sched. 1 cl. 13(x)

Section 44(3):amended by 34, 2000, Sched. 1 cl. 13(y)‑(za)

Section 45(1):substituted by 9, 1993, s. 14(a)

Section 45(1a):inserted by 9, 1993, s. 14(a)

Section 45(2):amended by 34, 2000, Sched. 1 cl. 13(zb)

Section 45(2a):inserted by 9, 1993, s. 14(b)

Section 45(4):amended by 9, 1993, s. 18

Section 47(2):amended by 9, 1993, ss. 15(a)-(e), 18; 34, 2000, Sched. 1 cl. 13(zc), (zd)

Section 47(5) and (6):substituted by 9, 1993, s. 15(f)

Section 47(7):inserted by 9, 1993, s. 15(f); amended by 34, 2000, Sched. 1 cl. 13(ze)

Section 47(8):inserted by 9, 1993, s. 15(f)

Schedule 1:substituted by 9, 1993, s. 16

Schedule 2:substituted by 9, 1993, s. 17

APPENDIX 2

DIVISIONAL PENALTIES AND EXPIATION FEES

At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division MaximumMaximumExpiation

imprisonment fine fee

115 years$60 000 —

210 years$40 000 —

3 7 years$30 000 —

4 4 years$15 000 —

5 2 years $8 000 —

6 1 year $4 000$300

7 6 months $2 000$200

8 3 months $1 000$150

9 - $500$100

10 - $200 $75

11 - $100 $50

12 - $50 $25

Note: This appendix is provided for convenience of reference only.