Health Act 1913 (NI)

NORFOLK ISLAND

Health Act 1913

No. 15, 1913

Compilation No. 4

Compilation date: 13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

NORFOLK ISLAND

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

NORFOLK ISLAND

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.