approved auditor means an auditor certified by the Secretary under section 94; approved form means a form approved by the Secretary; S. 3(1) def. of authorised officer amended by No. 29/2011 s. 3(Sch. 1 item 75.1). authorised officer means a person appointed— a Council to be an environmental health officer under section 29; or the Secretary to be an authorised officer under section 30; or to section 31, by a Council under section 224(1) of the Local Government Act 1989 to be an authorised officer for the purposes of this Act; s. 3 beauty therapy means a procedure, not including any surgical or medical procedure, intended to maintain, alter or enhance a person's appearance, including by— or body treatment; of cosmetics; or pedicure; or mending of artificial nails; including by electrolysis or hot or cold wax—
registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); registered premises means premises registered under section 69; s. 3 registration holder means the holder of a registration issued, transferred or renewed under Division 4 of Part 6; regulations means regulations made under this Act; risk management plan means a risk management plan prepared in accordance with section 91; risk management plan audit means an audit, carried out in accordance with section 93, of a risk management plan that was prepared under section 91; risk management requirements includes requirements made under this Act or the regulations that relate to— preparation, content, review and audit of a risk management plan; construction, installation, operation, maintenance, repair, service and testing of a cooling tower system;
relation to a person or class of persons specified in the instrument of delegation; or relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by subsection (2) in the same way as they apply to a delegation. (5) The Secretary by instrument may delegate the power conferred on the Secretary by section 50 to a person who is— executive within the meaning of section 4(1) of the Public Administration Act 2004; or prescribed senior officer. S. 19A inserted by No. 29/2010 s. 5. 19A Delegation by Secretary body corporate s. 19A The Secretary body corporate may, by instrument, delegate to any employee or class of employees employed under Part 3 of the Public Administration Act 2004, any power, duty or function of the Secretary body corporate under this Act (other than this power of delegation) or any other Act, or under the regulations made under this Act or any other Act. S. 19B inserted by No. 29/2010 s. 5. 19B Committee of management s. 19B
disclosure of information in this Act or the regulations; and to the extent of any inconsistency with a provision of a kind referred to in paragraph (a). 55 Disclosure of information to specified persons A person is authorised to disclose information to the Secretary, the Chief Health Officer or an authorised officer of the Department if the person reasonably believes that the disclosure is necessary to assist the Secretary, the Chief Health Officer or the authorised officer to exercise a power, or perform a duty or function, under this Act or the regulations. Note See section 227. 56 Secretary may disclose information in certain circumstances to a relevant body (1) If this section applies, the Secretary may disclose any information held by the Secretary under, or for the purposes of, this Act or the regulations to a relevant body. (2) This section applies if the disclosure of the information to the relevant body— required or allowed under an agreement between the Secretary and the relevant body, notice of which agreement is published in the Government Gazette; and
60 penalty units. (5) The Secretary may, after giving a person an opportunity to be heard, revoke that person's certification as an approved auditor if the Secretary is satisfied that— certification was granted on the basis of fraud, misrepresentation or the concealment of facts; or person is not a suitable person to be an approved auditor; or person has failed to comply with any requirement imposed by this Act or the regulations on approved auditors; or person has unsatisfactorily carried out 2 or more risk management plan audits; or other ground which is prescribed for the purposes of this section applies. 95 Only approved auditors may conduct audits s. 95 A person must not conduct a risk management plan audit unless he or she is an approved auditor. 60 penalty units. 96 Offence to impersonate approved auditor A person who is not an approved auditor must not— or take the title "approved auditor" in relation to the conduct of a risk management plan audit; or
158 Provision and storage of condoms s. 158 (1) A brothel proprietor must provide, in the brothel, a free supply of condoms and water based lubricant that is— accessible by sex workers and clients; and a sufficient quantity and amount for sex workers and clients. 60 penalty units. (2) A brothel proprietor must— unused condoms in conditions which will not lead to a deterioration of their quality; and of unused condoms at expiry date. 60 penalty units. (3) A brothel proprietor must take reasonable steps to ensure that used condoms are kept in sealed containers prior to their removal from the brothel. 60 penalty 159 Use of condoms (1) A brothel proprietor must take reasonable steps to ensure that a client and a sex worker use condoms in any encounter in a brothel between a client and
any other thing that is reasonably necessary for the purpose of the authorised officer performing or exercising his or her functions or powers under this Act or the regulations. (2) In doing any thing referred to in subsection (1), an authorised officer may be assisted by any person. 176 Power to direct persons to produce documents, operate equipment or answer questions s. 176 (1) An authorised officer who enters any premises under section 169 may direct a person at the premises to— a document or part of a document located at the premises that is in the person's possession or control; equipment to access information from that equipment; any questions put by the authorised officer. (2) A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units.
commencement day means the day on which section 6 of the Health and Human Services Legislation Amendment Act 2010 comes into operation; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights all rights, powers, privileges and immunities, whether actual, contingent or prospective; Secretary to the Department of Human Services body corporate means the body corporate referred to in section 16, as in force before the commencement day. S. 246B inserted by No. 29/2010 s. 6. 246B Action by Registrar of Titles s. 246B On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of section 246A. S. 246C inserted by No. 29/2010 s. 6.
s. 247 Pt 12 Div. 5 (Heading and s. 293) repealed by No. 46/2008 s. 293. * * * * * __________________ Sch. amended by No. 13/2010 s. 51(Sch. item 44.5). SCHEDULE Sch. TABLE 1 Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 The Society, a health service or an employee, agent or voluntary worker of the Society or a health service. The Society or health service— (a) before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and After the Society or health service supplied blood, the Society or health service had reasonable grounds for believing that the blood was likely to contain HIV, Hepatitis C or a
2 A health service or another body at whose premises— (a) blood supplied by the Society or a health service; or (b) a product derived from blood supplied by the Society or a health service— is administered or supplied to a person. Either— (a) when the blood or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating— (i) in the case of blood, that a sample of the blood; and (ii) in the case of a product, that a sample of each unit of blood from which the blood product was derived— was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be) and that the result of the test was negative; or If, at any time up to and including the time at which the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used— (a) had been informed that the blood or blood product was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be); and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person.
pharmacist who administered or supplied to a person— (a) supplied by the Society or a health service; (b) or a blood product derived from blood so supplied. blood or blood product was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be); and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person. Sch. TABLE 2 Sch. Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 A health service, Either— The health service or person had
registered medical practitioner or a person dealing with tissue. (a) in the case of tissue (other than semen) taken from a living person— (i) the donor completed a statement which is in the approved form and published in the Government Gazette before the tissue was taken; and (ii) a sample of the donor's blood was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be); and (iii) the result of the test was negative; or (b) in the case of tissue (other than semen) taken from the body of a dead person — (i) a sample of the blood of the dead person was tested in a manner which reasonable grounds for believing that the tissue or semen was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be) and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with HIV, Hepatitis C or a prescribed disease (as the case may be).