(1) A power conferred by this Act to enter premises, or to make an inspection or take other action on premises, may not be exercised unless the person proposing to exercise the power:(a) is in possession of a certificate of authority, and(b) gives reasonable notice to the occupier of the premises of intention to exercise the power, unless the giving of notice would defeat the purpose for which it is intended to exercise the power, and(c) exercises the power at a reasonable time, unless it is being exercised in an emergency, and(d) produces the certificate of authority if required to do so by the occupier of the premises, and(e) uses no more force than is reasonably necessary to effect the entry or make the inspection.(2) A certificate of authority must:(a) state that it is issued under the Public Health Act 1991, and(b) give the name of the person to whom it is issued, and(c) describe the nature of the powers conferred and the source of the powers, and(d) state the date, if any, on which it expires, and(e) describe the kind of premises to which the power extends, and(f) bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.(3) If damage is caused by a person exercising a power to enter premises, a reasonable amount of compensation is recoverable as a debt owed by the employer of the person to the owner of the premises unless the occupier obstructed the exercise of the power.(4) If goods are taken from premises by a person who exercises a power to enter the premises, a person otherwise entitled to possession of the goods is, as far as is practicable, to be allowed access to the goods.(5) This section does not apply to a power conferred by a search warrant issued under the Search Warrants Act 1985.(6) In this section, certificate of authority means a certificate that, to enable a person to exercise a power conferred by this Act, is issued to the person:(a) by the Minister or the Director-General, unless the power is to be exercised on behalf of a local authority, or(b) by a local authority if the power is to be exercised on behalf of the local authority.
(1) In this section, authorised justice has the same meaning as in the Search Warrants Act 1985.(2) A person who has the written authority of the Minister, the Director-General or a local authority to do so may apply to an authorised justice for a search warrant in relation to premises if admission to the premises has been refused, or an attempt to obtain admission has been, or is likely to be, unsuccessful, and:(a) there are reasonable grounds for believing that an offence under this Act or the regulations has been, or is being, committed on the premises, or(b) the search warrant is sought in order to exercise a power to enter or inspect conferred by this Act.(3) An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a person named in the warrant to enter the premises.(4) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.
74 Obstruction or assault of officers and others
(1) A person who intimidates or wilfully obstructs or hinders another person exercising, or attempting to exercise, a function conferred or imposed on the other person by this Act is guilty of an offence.Maximum penalty: 50 penalty units.
(2) A person who assaults an authorised officer in the course of the exercise by the officer of his or her duties under this Act or the regulations is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
(1) A person who discloses information obtained in connection with the administration of this Act is guilty of an offence unless the court is satisfied that there was a lawful excuse for the disclosure.Maximum penalty: 50 penalty units.
(2) The reference in this section to a lawful excuse for the disclosure of information includes a reference to disclosure of the information:(a) with the consent of the person to whom it relates, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of legal proceedings arising out of this Act or of a report of any such legal proceedings, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or(e) in any other prescribed circumstances.
76 Service of notices and other documents
(1) The giving of notice to, or service of a notice or other document on, a person for the purposes of this Act may be effected by delivering it, or a true copy, to the residence of the person.(2) The giving of notice to, or service of a notice or other document on, the owner or occupier of premises in that capacity may be effected for the purposes of this Act:(a) by delivering it to a person on the premises, or(b) if there is no person on the premises to whom it can be delivered—by fixing it to some conspicuous part of the premises.(3) Instead of giving a notice, or serving a notice or other document, as is otherwise provided by this section, it may be served by post.
77 Exclusion of personal liability
(1) A person who exercises a function under this Act in good faith and for the purpose of executing this Act is not to be subjected personally to any action, liability, claim or demand based on the exercise of the function.(2) Without affecting the generality of subsection (1), a person is not to be subjected personally to any legal proceedings, civil or criminal, for sending, giving or serving, in good faith, without negligence and for the purposes of this Act, a certificate, notice or other communication.
(1) If a corporation commits an offence under this Act or the regulations, each person who is a director of the corporation, or who is concerned in the management of the corporation, is to be taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence.(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
(1) Proceedings for an offence under this Act are to be disposed of summarily before a Local Court constituted by a Magistrate sitting alone.(2) This section does not affect the operation of section 10L, 50, 61M or 69.
(1) The regulations may amend Schedule 1:(a) by inserting the name of a medical condition in Category 1, 2, 3, 4 or 5 in the Schedule, or(b) by omitting the name of a medical condition from Category 1, 2, 3, 4 or 5 in the Schedule.(2) The regulations may amend or substitute Schedule 2.(3) The regulations may amend Schedule 3 by inserting or omitting the name of a notifiable disease or a reference by means of which a notifiable disease may be identified.
(1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to any of the following:(a) the prevention, mitigation and eradication of risks to public health,(b) (Repealed)(c) the places at which, and the conditions subject to which, a person may be detained under a public health order,(c1) the closure of public swimming pools and public spas for any period during which they are a risk to public health,(d) the installation, operation, maintenance and inspection of a regulated system within the meaning of Part 4,(e) the functions (including powers of entry and inspection) of local authorities and authorised officers in relation to a regulated system within the meaning of Part 4,(f) the directions that, in relation to a regulated system within the meaning of Part 4, may be given by a local authority or an authorised officer during, or as a result of, an investigation of an occurrence of Legionnaires’ disease,(g) compliance with directions referred to in paragraph (f),(h) the provision of information by the owner or occupier of premises in relation to a regulated system within the meaning of Part 4 which is installed on the premises,(i) the provision and keeping of operation manuals, and maintenance manuals, for a regulated system within the meaning of Part 4,(j) the keeping of records, and the making of reports, in relation to a regulated system within the meaning of Part 4,(k) the preparation rooms, equipment and apparatus in mortuaries, crematories and cemeteries, and any other matter relating to mortuaries, crematories and cemeteries that is for the protection of the health of the public,(l) the inspection of mortuaries, crematories and cemeteries and of premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,(m) the records to be kept in relation to mortuaries, crematories and cemeteries, and the inspection of records (including the making of copies or extracts from such records by or for environmental health officers and the public), equipment and apparatus in mortuaries, crematories and cemeteries or premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,(n) the cases in which, the manner in which, and the conditions under which, cremations of human remains may take place,(o) matters preliminary to, and consequential upon, cremations of human remains,(p) the fees that may be charged for the cremation of human remains, for the preservation or disposal of the ashes and for related services,(q) the registration of cremations and burials and (with any necessary modifications) the application to the registration of cremations of the provisions of any other Act, or of any law, in force in relation to the registration of a burial of the body of a deceased person,(r) the embalming, interment, disposal and exhumation of the bodies of deceased persons,(s) the payment of specified fees in relation to applications made, approvals given, and other matters arising, under this Act.(3) Section 72 (Powers of entry) applies in relation to any entry on, or inspection of or on, premises in accordance with a regulation.(4) A regulation may apply, adopt or incorporate a publication as in force for the time being.(5) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
83 Repeal of Public Health (Amendment) Act 1989 No 86
The Public Health (Amendment) Act 1989 is repealed on the day on which Part 4 of this Act commences.
84 Savings and transitional provisions
Schedule 4 has effect.