Australian Capital Territory Numbered Acts

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 103

103. (1) This section applies where—

        (a)     a pathologist has tested a specimen taken from a person for any purpose;

        (b)     either—

              (i)     the pathologist carried out the test in the Territory; or

              (ii)     the person from whom the specimen was taken is resident in the Territory; and

        (c)     the result of the test indicates that the person has, or may have, a notifiable condition.

(2) Where this section applies, the following persons shall notify the Chief Health Officer that the person whose specimen was tested has or may have a notifiable condition:

        (a)     the pathologist;

        (b)     if the pathologist is employed in a laboratory at a hospital—the person in charge of the laboratory;

        (c)     if the pathologist carried out the test in the course of his or her employment other than at a hospital—the pathologist's employer.

(3) A notification under this section shall be in accordance with
the applicable Code of Practice.

(4) A person shall not, without reasonable excuse, fail to comply with subsection (2).

Penalty for contravention of subsection (4):

        (a)     if the offender is a natural person—5 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—25 penalty units.