Division 1 General inspections and inquiries
(cf 1991 Act, s 70)
(1) The Director-General may inspect a public authority’s documents in relation to public health and, for that purpose, may direct the public authority:(a) to make any such document available for inspection, or(b) in the case of a document that is not in writing but is capable of being reduced to writing, to produce, and make available for inspection, a written copy of the document.(2) The Director-General may make copies of, or take extracts from, any documents made available under this section.
106 Inquiries by Director-General
(cf 1991 Act, s 71)
(1) The Director-General may inquire into:(a) any matter relating to public health, or(b) any matter that, under this Act, authorises an order or direction by, or that requires the approval or consent of, the Minister, the Director-General or the Chief Health Officer, or(c) any alleged offence under this Act or the regulations.(2) The Director-General may authorise a person in writing to exercise the functions specified by the authority for the purposes of assisting the inquiry.(3) The person’s authority may authorise the person to exercise any of the functions of an authorised officer under this Part that are specified in the authority.(4) For the purposes of an inquiry, the Director-General may obtain, use and disclose any information obtained by the Director-General under this Act, if the Director-General is of the opinion that it is reasonably necessary to do so for the purposes of the inquiry or for the purposes of protecting the health of the public.(5) This section has effect despite any law.
107 Inspection of, and extracts from, births, deaths and marriages registers
(cf 1991 Act, s 64)
(1) A public health officer or an officer of the Department authorised by the Director-General may, at any reasonable time, request access to the Register kept under the Births, Deaths and Marriages Registration Act 1995.(2) The Registrar of Births, Deaths and Marriages is to make such arrangements as are necessary for the supply of information from the Register if required by a public health officer or any such officer of the Department.
108 Powers of authorised officers to enter premises
(1) For the purposes of this Act, an authorised officer:(a) may enter and inspect any premises, either alone or together with such other persons as the authorised officer considers necessary, and(b) may inspect any documents that are on the premises and, for that purpose, may direct the occupier of the premises:(i) to make available for inspection any documents that are in the possession, or under the control, of the occupier, or(ii) in the case of a document that is not in writing but is capable of being reduced to writing, to produce, and make available for inspection, a written copy of the document, and(c) may make copies of, or take extracts from, any such documents, and(d) may, for the purpose of analysis, take samples of any substance found on the premises, and(e) may examine and inspect any apparatus or equipment on any premises, and(f) may take such photographs, films and audio, video and other recordings as the authorised officer considers necessary, and(g) may, for the purpose of collecting evidence of a contravention of this Act or the regulations, take samples of any substance or take possession of any thing that the authorised officer believes may constitute such evidence.(2) An authorised officer may not exercise a power conferred by subsection (1) unless the authorised officer:(a) is in possession of a search warrant or a certificate of authority that identifies him or her as an authorised officer, and(b) produces the warrant or certificate of authority if required to do so by the occupier of the premises, and(c) 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(d) exercises the power at a reasonable time, unless it is being exercised in an emergency.(3) A certificate of authority is to be issued by the person who appoints the authorised officer and must:(a) state that it is issued under the Public Health Act 2010, 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.(4) This section does not authorise entry into any part of premises that is used solely for residential purposes, except:(a) with the consent of the occupier of the premises, or(b) under the authority of a search warrant.(5) An authorised officer who enters any premises in pursuance of this section may do so without paying any admission fee.
(1) An authorised officer may apply to an authorised warrants officer for a search warrant if the authorised officer suspects that a provision of this Act or the regulations has been or is being contravened on premises.(2) An authorised warrants officer 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 the authorised officer named in the warrant and such other person (if any) as is named in the warrant:(a) to enter the premises concerned, and(b) to search the premises for evidence of a contravention of this Act or the regulations.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a police officer:(a) may accompany an authorised officer executing a search warrant issued under this section, and(b) may take all reasonable steps to assist the authorised officer in the exercise of the person’s functions under this section.(5) In this section, authorised warrants officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
Division 2 Power to demand information
110 Power of authorised officers to require answers
(1) An authorised officer may, by notice in writing, direct a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters about which he or she requires information in connection with the exercise of his or her functions:(a) to answer questions in relation to those matters, and(b) if a meeting with the authorised officer is reasonably necessary to enable questions in relation to those matters to be properly asked and answered, to meet with the authorised officer to answer such questions.(2) The Director-General or authority that appointed an authorised officer may, by notice in writing, direct a corporation to nominate, in writing and within a specified time, a director or officer of the corporation to represent the corporation for the purpose of answering any such questions.(3) Answers given by the nominated person bind the corporation.(4) The place and time at which a person may be required to attend under subsection (1) (b) is to be:(a) a place or time nominated by the person, or(b) if the place and time so nominated is unreasonable in the circumstances or if the person fails to nominate a place and time, a place and time nominated by the authorised officer.(5) An authorised officer may record any questions and answers under this section if the person to be questioned has been informed that the record is to be made.(6) A record may be made by any method, including sound or video recording.(7) A copy of any such record must be provided to the person who is questioned as soon as practicable after the record is made.
111 Requirement to provide information and documents
(1) An authorised officer may, by notice in writing, direct a person to furnish to the authorised officer such information or documents as the authorised officer requires in connection with the exercise of the authorised officer’s functions.(2) A notice under this section must specify the manner in which, and the time by which, the information or documents to which the notice relates must be furnished.(3) A notice under this section may only require a person to furnish existing documents that are in the person’s possession or that are within the person’s power to obtain lawfully.(4) The person to whom a document is furnished under this section may take copies of it.(5) If any document required to be furnished under this section is in electronic, mechanical or other form, the notice requires the document to be furnished in written form, unless the notice otherwise provides.
112 Power of authorised officers to direct name and address to be provided
An authorised officer may direct a person whom the authorised officer suspects to have contravened or to be contravening any provision of this Act or the regulations, or who is apparently in charge of premises where such a contravention is occurring or evidently has occurred, to state his or her full name and residential address and (if the person is not the occupier of the premises) the name of the occupier of the premises.
113 Offence not to comply with direction
(1) A person must not, without reasonable excuse, fail to comply with a direction under this Part.Maximum penalty: 50 penalty units.
(2) A person who furnishes any information in purported compliance with a direction under this Part, knowing that the information is false or misleading in a material respect, is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
114 Provisions relating to requirements to furnish documents, information or answer questions
(1) A person is not guilty of an offence of failing to comply with a direction under this Part to furnish documents or information, or to answer a question, unless the person was warned on that occasion that a failure to comply is an offence.(2) A person is not excused from a direction under this Part to furnish documents or information, or to answer a question, on the ground that the document, information or answer might incriminate the person or make the person liable to a penalty.(3) However, any information furnished or answer given by a natural person in compliance with a direction under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 113 (2)) if:(a) the person objected at the time to doing so on the ground that it might incriminate the person, or(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.(4) Any document furnished by a person in compliance with a direction under this Part is not inadmissible in evidence against the person in criminal proceedings by reason only that the document incriminates the person.(5) Further information obtained as a result of a document or information furnished, or of an answer given, in compliance with a direction under this Part is not inadmissible by reason only:(a) that the document or information had to be furnished or the answer had to be given, or(b) that the document or information furnished or answer given incriminates the person.(6) This section extends to a request under this Part to state a person’s name and address.
115 Offence to impersonate authorised officer
A person who impersonates an authorised officer is guilty of an offence.Maximum penalty: 100 penalty units.
116 Offence to obstruct or assault persons exercising their functions
(cf 1991 Act, ss 10F (2) and 74)
(1) A person who intimidates or wilfully obstructs or hinders another person exercising, or attempting to exercise, a function under this Act or the regulations is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(2) A person who assaults an authorised officer exercising, or attempting to exercise, a function under this Act or the regulations is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(1) Proceedings for an offence under a provision of this Act or the regulations may be disposed of in a summary manner before the Local Court or before the Supreme Court in its summary jurisdiction.(2) Subject to subsection (3), proceedings for an offence under such a provision may be commenced at any time within 12 months after the offence was allegedly committed.(3) Proceedings for an offence under a provision of Division 5 of Part 3 or section 83 or 84 may be commenced at any time within 2 years after the date on which the offence was allegedly committed.(4) The maximum monetary penalty that may be imposed by the Local Court for an offence under a provision referred to in subsection (1) is 100 penalty units or the maximum monetary penalty elsewhere provided in the provision concerned, whichever is the lesser.
(1) An authorised officer may serve a penalty notice on a person if it appears to the authorised officer that the person has committed an offence against a provision of this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice under this section is declared to be a penalty notice for the purposes of the Fines Act 1996.(4) A penalty notice may be served personally or by post.(5) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(6) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(7) The regulations:(a) may prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) may prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) may prescribe different amounts of penalties for different offences or classes of offences.(8) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(9) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(cf 1991 Act, s 78)
(1) If a corporation commits an offence under a provision of 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) Subsection (1) does not apply in respect of an offence under a provision of this Act or the regulations that is declared by the regulations to be an excluded provision for the purposes of this section.(3) A person may be proceeded against and convicted under such a provision whether or not the corporation has been proceeded against or convicted under that provision.(4) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under such a provision.
(1) A person who is guilty of an offence because the person fails to comply with a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time):(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and(b) is guilty of a continuing offence for each day the contravention continues.(2) This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.(3) This section does not apply to the extent that a requirement of a notice is revoked.