Health Act 1913

No. 15, 1913

Compilation No. 3

Compilation date:    10 March 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

HEALTH ACT 1913

TABLE OF PROVISIONS

 1. Short title

PART 3A – SKIN PENETRATION

21A. Powers of entry

21B. Obstruction or assault of officer and others

21C. Skin penetration procedures on children

PART 4  —  ADMINISTRATION

 23. Appointment of health inspector

 24.  Powers of inspector

PART 5  —  REGULATIONS

 25. Administrator may make Regulations

Health Act 1913

Short title

 1. This Act may be cited as the Health Act 1913.

PART 3A  –  SKIN PENETRATION

Powers of entry

 21A. (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 Health Act 1913; 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) 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 by the Minister.

Obstruction or assault of officers and others

 21B. (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.

 (2) A person who assaults an health inspector in the course of the exercise by the inspector of his or her duties under this Act or the regulations is guilty of an offence.

  Penalty: 20 penalty units.

Skin penetration procedures on children

 21C. A person must not carry out a skin penetration procedure on a child under the age of 18 years without the written consent of the parent or guardian of the child.

Penalty: 100 penalty units.

PART 4  —  ADMINISTRATION

Appointment of health inspector

 23. The Minister may, by instrument in writing under his hand, appoint a person to be a health inspector.

Powers of inspector

 24. (1) In this section, “health inspector” means —

(a) the Minister; or

(c) a person appointed under section 23.

  (2) For the purpose of enforcing the Regulations, a health inspector may, at any reasonable time, enter on and inspect any land or premises and do all or any of the following things :

(a) inspect anything on the land or premises;

(b) take samples of water; and

. . . .

(d) request a person to produce for inspection any certificate required by the Regulations to be held by that person.

  (3) A health inspector shall, before entering on land or premises under subsection 24(2) —

(a) identify himself to the occupier of the land or premises; and

(b) in the case of a health inspector who is not the Minister - produce to the occupier his instrument of appointment as a health inspector.

unless, at the relevant time, the land is, or the premises are, unoccupied or the occupier is absent.

  (4) Where a health inspector has reasonable grounds for believing, and does in fact believe —

(a) that an article, being an implement, towel, cloth or receptacle (other than a fixture) that is being used, or appears to have been used or to be for use, in connection with the business of a hairdressing establishment, affords evidence;

(b) that examination and testing of an article referred to in paragraph 24(4)(a) is likely to provide evidence; or

(c) that examination, testing and analysing of a sample taken from any liquid or substance that is being used, or appears to have been used or to be for use, in connection with the business of a hairdressing establishment is likely to provide evidence,

concerning the commission of an offence against the regulations, the health inspector may remove the article from the establishment or may take samples, for examination, testing and analysing, of the liquid or substance, as the case may be.

  (4A) Where a health inspector removes an article from a hairdressing establishment under subsection 24(4), he shall cause the article to be returned to the occupier of the establishment —

(a) if, before the expiration of 14 days after its removal, it is found that the article will not be required for use in connection with a prosecution for an offence against the Regulations - as soon as practicable after it is so found; or

(b) in any other case - within 14 days after its removal unless a prosecution for an offence against the Regulations has been instituted before the expiration of that period and the article is required for use in connection with the prosecution.

  (5) A person who —

(a) hinders or obstructs a health inspector in the exercise of his powers in accordance with this section; or

(b) being in possession of a certificate required by the Regulations to be held by him, fails without reasonable excuse to produce it on the request of a health inspector given in accordance with this section,

is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $50.

PART 5  —  REGULATIONS

Administrator may make Regulations

 25. (1) The Administrator may make Regulations, not inconsistent with this Act, making provision for or in relation to all or any of the following matters :

(a) the prevention of disease;

(b) the maintenance of health;

(c) the registration and control of hairdressers and hairdressing establishments;

(ca) the registration and control of skin penetration procedures and premises;

(d) sanitation;

(e) drainage;

(f) the construction of wells, the prevention of pollution of water and the maintenance of the purity of water supplies;

(g) the disposal of garbage, refuse and night-soil;

(h) the housing of birds and animals and the conditions subject to which they may be kept;

(i) the destruction of animals and birds found to be diseased;

(j) the control and destruction of vermin;

(k) the abatement of nuisances that are, or are likely to be, injurious or prejudicial to health;

(l) the disposal of dead animals and birds; and

(m) the fees payable in respect of services provided, approval granted, and registration effected, under the Regulations.

  (2) The Regulations may provide that persons authorised by the Minister may enter on land or premises, together with their workmen and equipment, and perform work and do acts necessary for compliance with the Regulations.

  (3) The Regulations may provide for a fine not exceeding 5 penalty units for a contravention or breach of the Regulations.

  (4) The Regulations may provide for the payment by the Administration of compensation for damage resulting from an exercise of his powers under the Regulations.

NOTES

The Health Act 1913 as shown in this consolidation comprises Act No. 15 of 1913 and amendments as indicated in the Tables below.

Table of Amendments