Public Health and Wellbeing Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Public Health and Wellbeing Amendment Regulations 2011 S.R. No. 57/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 2 4 New regulation 9A inserted 2 9A Persons to whom a prescribed Consultative Council may provide certain information 2 5 Infringements 2 6 Schedule 8 substituted 3 SCHEDULE 8—Infringements 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 57/2011 Public Health and Wellbeing Act 2008 Public Health and Wellbeing Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 5 July 2011 Responsible Minister: DAVID DAVIS Minister for Health MATHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2009 to— (a) prescribe persons to whom prescribed Consultative Councils may provide certain information; and (b) make technical changes in relation to the prescribing of infringement offences and infringement penalties for the purposes of section 209 of the Public Health and Wellbeing Act 2008. 2 Authorising provision These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008. -- 2 of 7 -- S.R. No. 57/2011 Public Health and Wellbeing Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 3 Principal Regulations In these Regulations, the Public Health and Wellbeing Regulations 20091 are called the Principal Regulations. 4 New regulation 9A inserted After regulation 9 of the Principal Regulations insert— "9A Persons to whom a prescribed Consultative Council may provide certain information For the purposes of section 41(1)(k) of the Act, the following persons are prescribed— (a) the Australian Institute of Health and Welfare established by section 4 of the Australian Institute of Health and Welfare Act 1987 of the Commonwealth; (b) the Registrar of Births, Deaths and Marriages employed in accordance with section 5 of the Births, Deaths and Marriages Registration Act 1996.". 5 Infringements (1) In regulation 88(1) of the Principal Regulations, for "the offences set out in column 2 of the Table" substitute "offences against the provisions set out in Column 2 of the Tables". (2) In regulation 88(2) of the Principal Regulations, for "penalty prescribed in respect of each offence is the amount specified in column 4 of the Table in Schedule 8 opposite the prescribed offence" substitute "infringement penalty prescribed in respect of an infringement offence is the amount specified in Column 4 of a Table in Schedule 8 opposite that infringement offence as". r. 3 -- 3 of 7 -- S.R. No. 57/2011 Public Health and Wellbeing Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (3) In regulation 88(3) of the Principal Regulations for "the Table" substitute "a Table". 6 Schedule 8 substituted For Schedule 8 to the Principal Regulations substitute— "__________________ SCHEDULE 8 INFRINGEMENTS Regulation 88 Table 1—Infringement Offences in these Regulations Column 1 Item Column 2 Infringement offence Column 3 Short description of infringement offence Column 4 Infringement penalty 1 R. 17(2) Proprietor of prescribed accommodation permits a room to be used as bedroom if it has a floor area of less than 7⋅5 square meters 4 penalty units 2 R. 20(1) Proprietor of prescribed accommodation fails to provide a continuous and adequate supply of water to toilet, bathing, kitchen, laundry and drinking water facilities 4 penalty units 3 R. 25 Proprietor of prescribed accommodation fails to supply one toilet, bath or shower and wash basin for every 10 persons or fraction of that number of persons occupying the accommodation 4 penalty units 4 R. 27 Proprietor of prescribed accommodation states or causes to be stated in an advertisement, notice or sign that the premises is registered or approved for any class of accommodation other than that set out in the certificate of registration 4 penalty units r. 6 -- 4 of 7 -- S.R. No. 57/2011 Public Health and Wellbeing Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement offence Column 3 Short description of infringement offence Column 4 Infringement penalty 5 R. 56(2) Failure of responsible person to ensure that at least once each month a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting on for heterotrophic colony count 4 penalty units 6 R. 56(3) Failure of responsible person to ensure that at least once every three months a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting for Legionella 4 penalty units Table 2—Infringement Offences in the Act Column 1 Item Column 2 Infringement offence Column 3 Short description of infringement offence Column 4 Infringement penalty 7 S. 67 Failure to register prescribed accommodation with municipal Council In the case of a body corporate, 10 penalty units In the case of a natural person, 4 penalty units 8 S. 69(1) Failure to register premises for certain businesses that are not prescribed to be exempt In the case of a body corporate, 10 penalty units In the case of a natural person, 4 penalty units r. 6 r. 6 -- 5 of 7 -- S.R. No. 57/2011 Public Health and Wellbeing Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement offence Column 3 Short description of infringement offence Column 4 Infringement penalty 9 S. 80 Failure to register cooling tower system in operation In the case of a body corporate, 24 penalty units In the case of a natural person, 10 penalty units 10 S. 87(2) Failure to notify Secretary of change of ownership, change of owner's contact details or address in relation to cooling tower system In the case of a body corporate, 10 penalty units In the case of a natural person, 2 penalty units 11 S. 95 Risk management plan audit conducted by person who is not an approved auditor 4 penalty units 12 S. 99 Unlicensed use of pesticide in the course of business of pest control operator 4 penalty units 13 S. 108 Failure to keep prescribed pest control records In the case of a body corporate, 4 penalty units In the case of a natural person, 2 penalty units ". ═══════════════ r. 6 -- 6 of 7 -- S.R. No. 57/2011 Public Health and Wellbeing Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 3: S.R. No. 178/2009. Subsequently amended by S.R. No. 79/2010. Endnotes -- 7 of 7 --