Australian Capital Territory Numbered Acts

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PUBLIC HEALTH (MISCELLANEOUS PROVISIONS) ACT 1997 (NO. 70 OF 1997) - SCHEDULE 4

    SCHEDULE 4     Subsection 44 (2)        

REFERENCES TO INFECTIOUS AND CONTAGIOUS DISEASES
(AMENDMENTS OF REGULATIONS )

Children's Services Regulations

Regulation 2 (definitions of “infectious disease” and “notifiable disease”)—

Omit the definitions.

Paragraph 7 (2) (b)—

Omit “is suffering from”, substitute “has”.

Paragraph 7 (2) (e)—

Omit “being suffered”.

Paragraph 7 (2) (f)—

Omit the paragraph, substitute the following paragraph:

    “(f)     if the child has a transmissible notifiable condition within the meaning of the Public Health Act 1997 —the name of the condition.”.

Motor Omnibus Regulations

Paragraph 55 (1) (a)—

Omit the paragraph, substitute the following paragraph:

    “(a)     a person who has a transmissible notifiable condition within the meaning of the Public Health Act 1997 ;”.

Regulation 79—

Repeal the regulation, substitute the following regulation:

Passengers with transmissible conditions

“79. A person shall not ride in or upon an omnibus if the person—

        (a)     has a transmissible notifiable condition within the meaning of the Public Health Act 1997 ; or

        (b)     has so recently had such a condition as to be likely to transmit the condition to other persons riding in or upon the omnibus.”.

Motor Omnibus Services Regulations

Paragraph 13 (1) (a)—

Omit the paragraph, substitute the following paragraph:

    “(a)     a person who has a transmissible notifiable condition within the meaning of the Public Health Act 1997 ;”.

Regulation 32—

Repeal the regulation, substitute the following regulation:

Passengers with transmissible conditions

“32. A person shall not ride in or upon an omnibus if the person—

        (a)     has a transmissible notifiable condition within the meaning of the Public Health Act 1997 ; or

        (b)     has so recently had such a condition as to be likely to transmit the condition to other persons riding in or upon the omnibus.

Penalty: 1 penalty unit.”.

Public Health (Barbers' Shops) Regulations

Regulation 4—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 .”.

Heading to Part VI—

Omit “ DISEASES ”, substitute “ TRANSMISSIBLE NOTIFIABLE CONDITIONS ”.

Regulation 18—

Omit “is suffering from a contagious disease or a contagious rash or eruption”, substitute “has a transmissible notifiable condition or a contagious skin condition”.

Regulation 19—

Omit “suffering from a contagious disease or a contagious skin rash or eruption”, substitute “who has a transmissible notifiable condition or a contagious skin condition”.

Public Health (Boarding-houses) Regulations

Subregulation 3 (1)—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 .”.

Heading to Part IV—

Omit “ MISCELLANEOUS ”, substitute “ TRANSMISSIBLE NOTIFIABLE CONDITIONS ”.

Subregulation 17 (1)—

Omit “is suffering or is suspected to be suffering from an infectious disease” substitute “has or is suspected to have a transmissible notifiable condition”.

Paragraph 17 (2) (a)—

Omit “suffering or suspected to be suffering from an infectious disease”, substitute “who has or is suspected to have a transmissible notifiable condition”.

Public Health (Dairy) Regulations

Subregulation 4 (1) (definition of “infectious disease”)—

Omit the definition.

Subregulation 4 (1)—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 ;”.

Subparagraph 51 (1) (b) (iii)—

Omit “suffering from an infectious disease”, substitute “who has a transmissible notifiable condition”.

Paragraph 63 (1) (b)—

Omit “suffering from an infectious disease”, substitute “who has a transmissible notifiable condition”.

Paragraph 64 (a)—

Omit the paragraph, substitute the following paragraph:

    “(a)     who has a transmissible notifiable condition or a skin condition; or”.

Regulation 65—

    (a)     Omit “suffering from an infectious disease”, substitute “who has a transmissible notifiable condition”.

    (b)     Omit “the disease from which the person is suffering”, substitute “the condition that the person has”.

Regulation 66—

Omit “infectious disease”, substitute “a transmissible notifiable condition”.

Subregulation 67 (1)—

Omit “is suffering from an infectious disease or is capable of communicating an infectious disease”, substitute “has a transmissible notifiable condition or is capable of transmitting such a condition”.

Subregulation 67 (2)—

Omit “in its opinion a specified person is suffering from, or is, or may be, capable of communicating, an infectious disease”, substitute “in his or her opinion a specified person has, or may be capable of transmitting, a transmissible notifiable condition”.

Regulation 68—

Omit “an infectious disease”, substitute “a transmissible notifiable condition”.

Regulation 70—

Omit “is a carrier of an infectious disease, or is suffering from”, substitute “is capable of transmitting a transmissible notifiable condition, or has”.

Paragraph 71 (b)—

Omit the paragraph, substitute the following paragraph:

    “(b)     a person employed or residing on premises, being a dairy, factory or milk shop, has, or is believed by a Public Health Officer to have, a transmissible notifiable condition; or”.

Public Health (Infectious and
Notifiable Diseases) Regulations

Regulation 1—

Repeal the regulation, substitute the following regulation:

Citation

“1. These Regulations may be cited as the Public Health (Immunisation and School Disease Control) Regulations.”.

Subregulation 3 (1) (definition of “Contact”)—

Omit the definition, substitute the following definition:

“ ‘contact' means a person who is a contact within the meaning of the Public Health Act 1997 ;”.

Subregulation 3 (1) (definitions of “HIV”, “House”, “infectious disease”, “notifiable disease”, “Occupier”, “Owner” and “pathologist”)—

Omit the definitions.

Subregulation 3 (1) (definitions of “Authorised Medical Officer” and “Public Health Officer” inserted by Schedule 2 to this Act)—

Omit the definitions.

Subregulations 3 (2) and (3)—

Omit the subregulations.

Regulations 4 to 14 (inclusive)—

Repeal the regulations.

Paragraph 14C (a)—

Omit “is suffering from”, substitute “has”.

Paragraph 14D (1) (d)—

Omit “suffering from”, substitute “who has”.

Regulation 15—

Omit “is suffering from an infectious disease”, substitute “has a transmissible notifiable condition”.

Paragraph 15A (a)—

Omit “is suffering from”, substitute “has”.

Paragraph 15A (b)—

Omit “is infected with”, substitute “has”.

Paragraphs 16 (1) (a) and (2) (a)—

Omit “is suffering from”, substitute “has”.

Regulation 17—

Repeal the regulation.

Regulation 18—

Omit “is suffering from an infectious disease,”, substitute “has a transmissible notifiable condition”.

Regulations 19 to 22 (inclusive)—

Repeal the regulations.

Schedules 1, 3 and 4—

Repeal the Schedules.

Public Health (Laundries,
Dry Cleaning Establishments and Dye Works) Regulations

Regulation 3 (definition of “infectious disease”)—

Omit the definition.

Regulation 3—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 .”.

Paragraphs 8 (1) (b), (2) (b), (3) (b) and (4) (b)—

Omit “to be suffering from an infectious disease”, substitute “to have a transmissible notifiable condition”.

Public Health (Meat) Regulations

Regulation 2 (definition of “Infectious disease”)—

Omit the definition.

Regulation 2—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 ;”.

Regulation 16—

Omit “is suffering from any infectious disease, or has”, substitute “has a transmissible notifiable condition or”.

Public Health (Private Hospitals) Regulations

Regulation 3 (definition of “infectious disease”)—

Omit the definition.

Regulation 3—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 .”.

Paragraph 12 (1) (a)—

Omit “suffering from an infectious disease”, substitute “who has a transmissible notifiable condition”.

Paragraph 12 (2) (b)—

Omit “disease”, substitute “condition”.

Subregulation 12 (2)—

    (a)     Omit “an infectious disease” (first occurring), substitute “a transmissible notifiable condition”.

    (b)     Omit “to be suffering from an infectious disease”, substitute “to have that condition”.

Regulation 13—

    (a)     Omit “to be suffering from an infectious disease”, substitute “to have a transmissible notifiable condition”.

    (b)     Omit “to be suffering from” (last occurring), substitute “to have”.

    (c)     Omit “the disease”, substitute “the condition or disease”.

Paragraph 16 (1) (b)—

Omit “to be suffering from”, substitute “to have”.

Subregulation 16 (2)—

Omit “suffering from”, substitute “who has”.

Public Health (Sale of Food and Drugs) Regulations

Regulation 3 (definition of “Infectious disease”)—

Omit the definition.

Regulation 3—

Insert the following definition:

“ ‘transmissible notifiable condition' has the same meaning as in the Public Health Act 1997 .”.

Regulation 20—

Omit “is”.

Paragraph 20 (a)—

Omit “suffering from any infectious disease”, substitute “has a transmissible notifiable condition”.

Paragraph 20 (b)—

Before “wearing” insert “is”.

Subregulation 21 (1)—

Omit “suffering from any infectious or contagious disease”, substitute “having a transmissible notifiable condition”.

Subregulation 21 (2)—

Omit “is liable to convey the germs of disease”, substitute “may be capable of transmitting a transmissible notifiable condition”.

Regulation 70—

Omit “infectious disease”, substitute “a transmissible notifiable condition”.

Regulation 71—

Omit “suffering from any infectious disease”, substitute “who has a transmissible notifiable condition”.

Regulation 77—

Omit “suffering from any infectious disease, skin affection, pulmonary tuberculosis, chronic cough, open sore, or sexually transmitted disease,”, substitute “who has a transmissible notifiable condition or skin condition,”.

Regulation 92—

    (a)     Omit “Any person having an infectious disease”, substitute “A person who has a transmissible notifiable condition, a skin condition or an open sore”.

    (b)     Omit “disease” (last occurring), substitute “condition”.

Remand Centres Regulations

Subregulation 9 (3)—

Omit “is found to be suffering from an infectious or contagious disease, or to be”, substitute “has a transmissible notifiable condition within the meaning of the Public Health Act 1997 or is”.

Taxi and Private Hire Car Regulations

Paragraph 11 (2) (a)—

Omit “is”.

Subparagraph 11 (2) (a) (i)—

Omit “suffering from an infectious or contagious disease or illness”, substitute “has a transmissible notifiable condition within the meaning of the Public Health Act 1997 ”.

Subparagraph 11 (2) (a) (ii)—

Before “drunk” insert “is”.

Paragraph 46 (a)—

Omit the paragraph, substitute the following paragraphs:

    “(a)     ride in or upon a taxi or private hire car while he or she has a transmissible notifiable condition within the meaning of the Public Health Act 1997 ;

        (aa)     ride in or upon a taxi after having so recently had such a condition as to be likely to transmit the condition to the driver or other passengers;

        (ab)     ride in or upon a taxi if he or she is a contact within the meaning of the Public Health Act 1997 ;”.



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