Public Health Act 1997

The Executive may make regulations for this Act.

The regulations may make provision in relation to any of the following:

cancer reporting;

cemeteries and crematoria;

communicable disease control;

drug preparation and supply;

general sanitation;

private hospitals.

The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties for offences against the regulations of not more than—

for a person who is not a utility—10 penalty units; or

for a utility—400 penalty units.

Dictionary (see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 ambulance service

 contravene

 director‑general (see s 163)

 doctor

 document

 exercise

 function

 nurse practitioner

 public servant

 public trustee and guardian

 reviewable decision notice

 territory law

 territory plan

 territory planning authority.

abatement notice means a notice under section 69.

activity accreditation scheme means an activity accreditation scheme determined under section 22.

activity accreditation standards, for an activity accreditation scheme, means the activity accreditation standards determined under section 22 for the scheme.

activity licence means a licence under section 30.

activity premises alteration, for a licensable public health risk activity, means a structural alteration of premises where the activity is carried on, including a structural alteration of any fixtures or fittings of the premises.

activity register—see section 56D.

analyst means the following appointed under section 15:

the government analyst;

an analyst.

approval, for division 3A.1 (Supply of syringes to approved people)—see section 66A.

approved person means—

for division 3A.1 (Supply of syringes to approved people)—see section 66A; and

for division 3A.2 (Supply of syringes by vending machine)—see section 66L.

authorisation means—

for a public health officer exercising a function under this Act—an authorisation given to the officer under section 12A (1) to exercise the function; and

for an authorised medical officer exercising a function under this Act—an authorisation given to the officer under section 14 (1) to exercise the function.

authorised medical officer means an authorised medical officer under section 13.

authorised officer, in relation to the exercise of a function under this Act, means—

the chief health officer; or

a public health officer authorised under section 12A (1) to exercise the function; or

an authorised medical officer authorised under section 14 (1) to exercise the function.

automatic, suspension of registration—see section 56Q (1).

chief health officer means the chief health officer under section 7.

code of practice means a code of practice determined under section 133.

community pharmacy, for part 3B (Pharmacies)—see section 66U.

connected with an offence, for part 5 (Inspection and analysis)—see section 75 (Definitions for pt 5).

contact means a person who—

has been or may have been a source of infection to a person who has a notifiable condition; or

has been or may have been exposed to infection by a person with a notifiable condition.

contravention, of this Act or a corresponding public health risk law, includes the contravention of a notice, direction or other instrument given under this Act or such a law.

corresponding public health risk law, in relation to a public health risk activity or a public health risk procedure, means a law of a State or another Territory that regulates the performance of the activity or procedure, as the case may be.

counsellor means—

a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student); or

a nurse counsellor; or

a social worker.

course of instruction, for division 3A.1 (Supply of syringes to approved people)—see section 66A.

defined influential person, in relation to a person proposing to carry on, or carrying on, a public health risk activity, means—

if the person is to employ or otherwise engage, or employs or otherwise engages, a manager to carry on the activity, or that part of the activity that involves the performance of public health risk procedures—the manager; and

if the person is a body corporate—a director, secretary, officer or manager of the body; and

if the person is to carry on, or carries on, the activity in partnership with any other person or person—

each other partner; and

if any partner is a body corporate—a director, secretary, officer or manager of the body.

director, in relation to a body corporate, includes a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.

education means pre-primary, primary or secondary education.

EIS—see the Planning Act 2023, section 94 (c).

emergency declaration means a declaration under section 119.

emergency direction means a direction under section 120.

health worker, for division 3A.1 (Supply of syringes to approved people)—see section 66A.

improvement notice means a notice under section 58.

insanitary condition means a condition, state or activity in relation to any of the following that a reasonable person would consider to be, or to be liable to become, a public health risk, damaging to public health or offensive to community health standards:

a building or structure;

land, water or land covered by water;

an animal, including a bird;

refuse;

noise or an emission;

any other matter or thing.

licensable public health risk activity means an activity declared to be a licensable public health risk activity under section 18.

licensable public health risk procedure, for a licensable public health risk activity, means a procedure declared to be a licensable public health risk procedure for the activity under section 18.

location, for a registrable public health risk activity, means the precise location on the premises where the activity is being carried on.

location-specific, for a registrable public health risk activity, means that the activity is indicated under section 18 (4) to be location‑specific.

notifiable condition means a disease or medical condition—

determined by the Minister under section 100 (1) (a); or

declared by the chief health officer under section 101 (1) (a).

notified suspension or cancellation, of registration—see section 56P (1).

occupier—

for this Act (other than part 5)—of a place, includes—

an owner of the place; and

a person in charge of the place; and

a person authorised to be present at the place as an agent of an occupier, owner or person in charge of the place; and

for part 5 (Inspection and analysis)—see section 75.

offence, for part 5 (Inspection and analysis)—see section 75 (Definitions for pt 5).

pathologist includes an assistant, and a technical officer, employed in a pathology laboratory.

patient, in relation to a doctor, means a person being professionally attended by the doctor.

place means premises or land.

premises includes a vehicle, vessel or aircraft, and a permanent or temporary structure.

procedure accreditation scheme means a procedure accreditation scheme determined under section 42D.

procedure accreditation standards, for a procedure accreditation scheme, means the procedure accreditation standards determined under section 42D for the scheme.

procedure appliance alteration means—

for a person carrying on a licensable public health risk activity—the introduction, alteration or replacement of an appliance used for a procedure associated with the activity; or

for a person performing a licensable public health risk procedure—the introduction, alteration or replacement of an appliance used for the procedure.

procedure licence means a licence under section 45.

processing, of drinking water, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).

processing, of sewage, for division 6B.2 (Sewage)—see section 118H (Definitions for div 6B.2).

prohibition notice means a notice under section 61.

public health means—

the health of individuals in the context of the wider health of the community; or

the organised response by society to protect and promote health and prevent illness, injury and disability.

public health direction means a direction under section 113.

public health officer means a public health officer under section 12.

public health risk activity means an activity declared by the Minister to be a public health risk activity under section 18.

public health risk procedure means a procedure declared by the Minister under section 18 to be a public health risk procedure in relation to a public health risk activity.

registered activity means a registrable public health risk activity authorised by a registration certificate.

registered location means the location for carrying on a registered activity as mentioned on the registration certificate for the activity under section 56H (c).

registered people register—see section 56E.

registered person means a person registered under section 56G to carry on a registered activity.

registrable public health risk activity means a public health risk activity declared to be registrable under section 18 (3).

registration means the registration, under section 56G, of a person to carry on a registered activity.

registration certificate means a registration certificate under section 56H.

responsible person, in relation to a person having a notifiable condition, means—

a doctor; or

a nurse practitioner; or

a counsellor who has counselled the person in relation to the condition; or

a person who is responsible for the care, support or education of the person.

reviewable decision, for part 9 (Review and appeals)—see section 130.

sewerage utility, for division 6B.2 (Sewage)—see section 118H (Definitions for div 6B.2).

syringe includes the needle section or the plunger section of a syringe.

transmissible notifiable condition means a notifiable condition—

determined by the Minister to be a transmissible notifiable condition under section 100 (1) (b); or

declared by the chief health officer to be a transmissible notifiable condition under section 101 (1) (b).

utility—see the Utilities Act 2000, dictionary.

vending machine, for division 3A.2 (Supply of syringes by vending machine)—see section 66L.

vending machine approval, for division 3A.2 (Supply of syringes by vending machine)—see section 66L.

water distributor, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).

water supplier, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).

water utility, for division 6B.1 (Drinking water)—see section 118B (Definitions for div 6B.1).