Australian Capital Territory Numbered Acts

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PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 27

Ministerial approvals

27. (1) The Minister may, on application by a person who carries on a public health risk activity, issue an approval—

        (a)     for the purposes of paragraph 22 (1) (b)—for the applicant to carry on that activity otherwise than in accordance with the applicable activity accreditation standards; or

        (b)     for the purposes of subsection 26 (1)—for the applicant to structurally alter the premises where that activity is carried on, or to introduce, alter or replace an appliance installed in, or attached to, those premises.

(2) The Minister may, on application by a person who performs a public health risk procedure, issue an approval—

        (a)     for the purposes of paragraph 24 (1) (b)—for the person to perform that procedure otherwise than in accordance with the applicable procedure accreditation standards; or

        (b)     for the purposes of subsection 26 (2)—for the person to introduce, alter or replace any appliance used in connection with the procedure.

(3) An application under subsection (1) or (2)—

        (a)     shall be in a form approved by the Minister and signed by the applicant;

        (b)     where it is proposed to alter premises—shall be accompanied by a copy of the relevant plans and specifications; and

        (c)     shall be accompanied by the determined fee.

(4) The Minister may, by written notice, require an applicant to provide specified further information in writing about the application.

(5) The Minister shall, by notice in writing to the applicant, issue an approval under subsection (1) or (2) unless satisfied that to do so would be likely to lead to a significantly increased risk to public health in the carrying on of the relevant activity, or in the performance of the relevant procedure, as the case may be.

(6) If the Minister refuses an application, he or she shall give written notice to the applicant of the refusal stating the reasons for the refusal.



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