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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
A BILL FOR
An Act to make provision for the supply of safe drinking water; to amend
the Food
Act 2001; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Application of
Act
Part 2—Registration of drinking water
providers
5Drinking water providers
to be registered
6Duration of registration
7Person ceasing to supply
drinking water
8Conditions of registration
9Suspension of
registration
10Appeals
11List of registered drinking water
providers and provision of information
Part 3—Risk
management plans
12Drinking water providers
to prepare, implement and review risk management plans
13Risk
management plan
14Related matters
Part 4—Auditing
and inspections
Division 1—Auditors
and inspectors
15Approval of auditors and inspectors
16Term of
approval
17Conditions
18Conflict of interest to be
avoided
19List of approved auditors and inspectors to be
maintained
Division 2—Audits
and inspections
20Scheme for audits and
inspections
21Audits and inspections
22Reporting
requirements
23Assistance to facilitate an audit or
inspection
Part 5—Quality
of water and provision of reports
Division 1—Quality
of water
24Drinking water must be
safe
25Testing requirements
Division 2—Provision of
reports
26Officer to report known or suspected
contamination
27Water quality monitoring information to be
made publicly available
Part 6—Approval
of laboratories
28Approval of laboratories
29Recognised
laboratories
30Term of approval
31Conditions
32List of
approved laboratories to be maintained
Part 7—Administration
and enforcement
Division 1—Interpretation
33Interpretation
Division 2—Authorised
officers
34Appointment of authorised officers
35Certificates of
authority
36Powers of authorised officers
37Seizure
orders
Division 3—Notices
and emergencies
38Notices
39Action or non-compliance with a
notice
40Action in emergency situations
41Specific power
to require information
42Appeals
Part 8—Miscellaneous
43Delegations
44Service of notices or other
documents
45Disclosure of certain confidential
information
46Protection from liability
47False
information
48Offences by bodies corporate
49Offences
50Agreement and consultation with local
government sector
51Annual report by Minister
52Annual reports
by enforcement agencies
53Regulations
Schedule 1—Consequential amendments
and transitional provisions
Part 1—Consequential
amendments
1Amendment provisions
Part 2—Amendment of
Food Act 2001
2Substitution of
section 11
11Application of Act to drinking
water
Part 3—Transitional
provisions
3Transitional provisions—initial period of
operation of Act
4Other provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Safe Drinking Water
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
approved auditor means a person approved as an auditor under
Part 4
Division 1;
approved auditor/inspector means, as the case requires, an
approved auditor or an approved inspector;
approved inspector means a person approved as an inspector
under
Part 4
Division 1;
approved laboratory means a laboratory approved under
Part 6;
authorised officer means a person appointed as an authorised
officer under
Part 7;
Chief Executive means the Chief Executive of the Department
and includes a person for the time being acting in that position;
council means—
(a) a council under the Local
Government Act 1999; or
(b) a body established by a council or councils under the Local
Government Act 1999;
Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
District Court means the Administrative and Disciplinary
Division of the District Court;
domestic partner means a person who is a domestic partner
within the meaning of the
Family
Relationships Act 1975, whether declared as such under that Act or
not;
drinking water means water that is intended for human
consumption or for purposes connected with human consumption (such as the
washing, preparation or cooking of food or the making of ice intended for human
consumption, or for the preservation of unpackaged food), whether or not the
water is used for other purposes, but does not include water that has been
packaged in a bottle, cask or other container;
drinking water provider means—
(a) a person who supplies drinking water to members of the
public—
(i) by means of a reticulated water system; or
(ii) after the water has been extracted from, or has formed part of, a
body constituting a water resource (without being supplied by means of a
reticulated water system); or
(iii) after the water has been collected or stored by means of a tank or
other form of infrastructure or works for the collection or storage of water
(without being supplied by means of a reticulated water system); or
(iv) after obtaining water in circumstances described in a preceding
subparagraph and then supplying the water in bulk; or
(b) any other person, or person of a class, brought within the ambit of
this definition by the regulations,
but does not include a person, or person of a class, excluded from the
ambit of this definition by the regulations;
enforcement agency means an enforcement agency under
Part 7;
reticulated water system means a network for the provision of
water to 2 or more locations, other than a network, or a network of a class,
excluded from the ambit of this definition by the regulations;
risk management plan—see
Part 3;
spouse—a person is a spouse of another if they are
legally married;
vehicle includes an aircraft, vessel, trailer, train or
rolling stock;
water resource has the same meaning as in the Natural
Resources Management Act 2004.
(2) For the purposes
of this Act (but subject to
subsection (3)), a
person will be taken not to be a drinking water provider if—
(a) the person supplies drinking water that has been directly obtained
from another drinking water provider; and
(b) the other drinking water provider is registered under this Act;
and
(c) the person has not altered the water, or has not altered the water to
any material degree, from the water supplied by the other drinking water
provider; and
(d) the person satisfies the requirements (if any) prescribed by the
regulations for the purposes of this subsection.
(3)
Subsection (2)
does not apply to a person within a class of persons excluded from the ambit of
that subsection by the regulations.
(4) For the purposes
of determining whether or not a person is a drinking water provider, it is
immaterial that the water to be supplied to the public has, after being
collected or obtained, been subject to any process or treatment.
(5) For the purposes of this Act, water is supplied in bulk
if—
(a) the water is supplied through the use of a vehicle; and
(b) the amount of water being supplied exceeds a volume prescribed by the
regulations for the purposes of this subsection.
(6) For the purposes of this Act, the collection of water includes the
recovery or harvesting of water.
(7) For the purposes of this Act, drinking water is unsafe if the
water—
(a) causes, or is likely to cause, harm to a person who consumes the
water; or
(b) is the means by which an illness has been, or is likely to be,
transmitted; or
(c) contains any pathogen, substance, chemical or blue-green algal toxin,
whether alone or in combination, at levels that may pose a risk to human health
(subject to any tolerance, condition or circumstance determined or agreed by the
Minister or the Chief Executive for the purposes of this provision);
or
(d) is not otherwise, or may not otherwise be, reasonably fit for human
consumption.
(8) For the purposes
of this Act, a person is an associate of another
if—
(a) they are partners; or
(b) 1 is a spouse, domestic partner, parent or child of another;
or
(c) they are both trustees or beneficiaries of the same trust, or 1 is a
trustee and the other is a beneficiary of the same trust; or
(d) 1 is a body corporate or other entity (whether inside or outside
Australia) and the other is a director or member of the governing body of the
body corporate or other entity; or
(e) 1 is a body corporate or other entity (whether inside or outside
Australia) and the other is a person who has a legal or equitable interest in 5%
or more of the share capital of the body corporate or other entity; or
(f) a relationship of a prescribed kind exists between them; or
(g) a chain of relationships can be traced between them under any 1 or
more of the above paragraphs.
(9) For the purposes of
subsection (8), a
beneficiary of a trust includes an object of a discretionary
trust.
(1) This Act does not
apply in relation to—
(a) any water collected or recovered at domestic premises of a prescribed
class for use at those premises; or
(b) rainwater collected at any place of a prescribed kind for use at that
place if a notice relating to the use of the water is provided in accordance
with the regulations; or
(c) rainwater supplied as an optional alternative to water obtained from a
registered drinking water provider if the person, in supplying the water,
complies with the requirements (if any) prescribed by the regulations for the
purposes of this paragraph; or
(d) rainwater, or water recovered from a bore, well or a source prescribed
by the regulations, supplied at a park, reserve or other place constituting open
space that is available for public recreational purposes where it is reasonable
to expect that members of the public would not usually expect to rely on the
provision of water for human consumption at that place; or
(e) water supplied, collected or recovered in any other circumstance
prescribed by the regulations.
(2) Without limiting
subsection (1),
the Minister may, by notice in the Gazette, confer exemptions from this Act or
specified provisions of this Act, on specified persons or persons of a specified
class.
(3) An exemption under
subsection (2) may
be granted by the Minister on such conditions as the Minister thinks
fit.
(4) The Minister may, at any time, by further notice in the
Gazette—
(a) vary or revoke an exemption; or
(b) vary or revoke a condition of an exemption.
(5) The condition of an exemption may be varied by the addition or
substitution of 1 or more conditions.
(6) A person who contravenes or fails to comply with a condition imposed
under this section is guilty of an offence.
Maximum penalty: $25 000.
Expiation fee: $750.
Part 2—Registration
of drinking water providers
5—Drinking
water providers to be registered
(1) A person must not
supply drinking water as a drinking water provider unless the person is
registered under this Act.
Maximum penalty: $25 000.
Expiation fee: $750.
(2) An application for registration under this Act—
(a) must be made to the Minister; and
(b) must be made in a manner and form determined by the
Minister.
(3) An applicant for registration must furnish the Minister with such
information as the Minister may require.
(4) On due application under this section, the Minister must register the
applicant as a drinking water provider.
The registration of a drinking water provider will remain in force until
such time as—
(a) it is cancelled or suspended under this Act; or
(b) the drinking water provider dies or, in the case of a body corporate,
is dissolved.
7—Person
ceasing to supply drinking water
(1) A person
registered under this Act must, within the prescribed period after ceasing to be
engaged in the supply of drinking water, notify the Minister of that fact in a
manner and form determined by the Minister.
Maximum penalty: $2 500.
Expiation fee: $125.
(2) If the Minister—
(a) receives a notification in accordance with
subsection (1);
or
(b) is otherwise satisfied that a registered drinking water provider has
ceased to be engaged in the supply of drinking water,
the Minister may cancel the registration.
(1) The registration of a person as a drinking water provider under this
Act will be subject to any condition—
(a) imposed by the Minister in relation to the registration; or
(b) prescribed by the regulations.
(2) The Minister may, if the Minister considers it appropriate to do so,
by notice in writing to a registered drinking water provider, vary a condition
of the registration.
(3) A person who holds a registration may, on application to the Minister
in a manner and form determined by the Minister, request the variation of a
condition to which the registration is subject and the Minister may, as the
Minister thinks fit—
(a) grant the variation; or
(b) refuse to grant the variation.
(4) The condition of a registration may be varied by the addition,
substitution or deletion of 1 or more conditions.
(5) A registered drinking water provider must not contravene or fail to
comply with a condition of registration.
Maximum penalty: $25 000.
Expiation fee: $750.
(1) The Minister may suspend the registration of a person as a drinking
water provider if proper cause exists under this section.
(2) There is proper
cause for suspending a registration if—
(a) the person has contravened or failed to comply with a condition of
registration; or
(b) the person has failed to comply with a requirement relating to a risk
management plan under
Part 3 (including
as to the implementation of, or compliance with, the requirements set out in a
risk management plan); or
(c) the person has failed to ensure that an audit or inspection is
conducted in accordance with a requirement under
Part 4
Division 2; or
(d) the person has breached, or failed to comply with, a requirement under
Part 5
Division 1; or
(e) the person has failed to comply with a notice under
Part 7
Division 3; or
(f) the person has failed to furnish a report or other form of information
of a class prescribed by the regulations for the purposes of this
section.
(3) The Minister may,
after taking into account the grounds set out in
subsection (2),
notify a drinking water provider that the Minister considers that the person's
registration should be suspended.
(4) A notice under
subsection (3)
must set out the grounds on which the Minister is acting under this
section.
(5) The drinking
water provider may, within 14 days after receiving the notice, lodge
with the Minister a written objection (setting out the grounds of
objection).
(6) On the receipt of an objection under
subsection (5),
the Minister must give the drinking water provider a reasonable opportunity to
make submissions to the Minister in relation to the matter and must then decide
whether or not, in the circumstances of the case, it is appropriate to proceed
with the suspension.
(7) If a drinking water provider does not make an objection under
subsection (5) or,
on an objection, the Minister decides to proceed despite the objection, the
Minister may, by written notice served on the drinking water provider, suspend
the registration.
(8) A suspension of registration may be of indefinite duration or for a
period specified in the notice.
(9) A suspension takes effect when notice of the suspension is served on
the drinking water provider or at such later date (if any) specified in the
notice.
(10) A person whose registration has been suspended may make application
to the Minister for the cancellation of the suspension.
(1) An appeal lies to the District Court against—
(a) a condition imposed by the Minister in relation to a registration
under this Part; or
(b) a variation of a condition of registration made by the Minister on the
Minister's own initiative; or
(c) a decision of the Minister to refuse to grant an application to vary a
condition of registration; or
(d) a decision of the Minister to suspend a registration under this
Part.
(2) An appeal must be instituted within 28 days of the date of the
decision appealed against but the District Court may, if satisfied that it is
just and reasonable in the circumstances to do so, extend the period (whether or
not it has already expired).
11—List
of registered drinking water providers and provision of
information
(1) The Minister is to prepare and maintain a register of drinking water
providers registered under this Part.
(2) The register is to be made publicly available and is to be revised
from time to time as required.
(3) The Minister must, on registering a drinking water provider under this
Part, furnish notice of the registration to the council for the area where the
drinking water provider is, or will be, located.
12—Drinking
water providers to prepare, implement and review risk management
plans
(1) A drinking water
provider must—
(a) prepare a risk
management plan in relation to the supply of drinking water to the public;
and
(b) keep the plan under continuous review with a view to updating and
improving it; and
(c) revise any aspect of the plan that is found, on review, to need
revision.
(2) The Chief
Executive may publish a standard risk management plan that may apply in relation
to a specified class of drinking water providers.
(3) If a standard
risk management plan is in place under
subsection (2), a
drinking water provider who falls within the specified class may, subject to any
requirement published by the Chief Executive in connection with the risk
management plan and in a manner and form determined by the Chief Executive,
adopt the standard risk management plan rather than preparing a separate plan
under
subsection (1)(a).
(1) A risk management plan in relation to the supply of water is a
document—
(a) that contains a detailed description of the system of supply;
and
(b) that—
(i) identifies the risks to the quality of the water and the risks that
may be posed by the quality of the water; and
(ii) assesses those risks; and
(iii) sets out the steps to be taken to manage those risks (including the
development and implementation of preventative strategies); and
(c) that sets out—
(i) monitoring and testing requirements associated with the quality of the
water (a monitoring program); and
(ii) incident identification, notification and response procedures (an
incident identification and notification protocol); and
(d) that sets out maintenance schedules; and
(e) that contains any other matter required by the regulations.
(2) A risk management plan must—
(a) be consistent with any standard, guideline or code specified by the
regulations; and
(b) comply with any other requirement prescribed by the
regulations.
Maximum penalty: $25 000.
Expiation fee: $750.
(1) A drinking water
provider must not supply drinking water to the public unless or
until—
(a) the drinking water provider has prepared or adopted a risk management
plan under this Part; and
(b) the Minister has
approved—
(i) the monitoring program; and
(ii) the incident identification and notification protocol,
under the drinking water provider's risk management plan.
Maximum penalty: $25 000.
Expiation fee: $750.
(2) For the purposes of
subsection (1)(b),
a drinking water provider must furnish to the Minister in a manner and form
determined by the Minister a copy of his or her monitoring program and incident
identification and notification protocol.
(3) The Minister may
on the receipt of a program and protocol submitted for the purposes of this
section—
(a) approve the program and protocol without alteration; or
(b) require alterations to the program or protocol (or both) after
consultation with the relevant drinking water provider.
(4) A drinking water provider required to make an alteration under
subsection (3) may
appeal to the District Court against the requirement.
(5) An appeal must be instituted within 28 days after the date of the
imposition of the requirement but the District Court may, if satisfied that it
is just and reasonable in the circumstances to do so, extend the period (whether
or not it has already expired).
(6) A drinking water provider who has adopted a risk management plan under
section 12(3)
will, subject to any requirements determined by the Minister, be taken to have
an approval under
subsection (1)(b).
(7) A drinking water provider must implement his or her risk management
plan and comply with the requirements set out in the plan.
Maximum penalty: $25 000.
Expiation fee: $750.
Part 4—Auditing
and inspections
Division 1—Auditors
and inspectors
15—Approval
of auditors and inspectors
(1) The Chief Executive may approve a natural person to
be—
(a) an auditor for the purposes of this Act; or
(b) an inspector for the purposes of this Act.
(2) The Chief Executive must, before granting an approval to a person
under this section, be satisfied that the person is competent to carry out the
functions of an auditor or inspector (as the case requires) having regard
to—
(a) the person's technical skills and experience; and
(b) any guidelines relating to competency criteria determined by the Chief
Executive for the purposes of this Part.
(3) A natural person may make an application, in a manner and form
determined by the Chief Executive, to the Chief Executive for an approval under
this Part.
(4) An application must be accompanied by the fee prescribed by the
regulations.
(5) An applicant for approval must furnish the Chief Executive with such
information as the Chief Executive may require.
(6) The Chief Executive may, after considering an application for
approval—
(a) grant the application, with or without conditions; or
(b) refuse the application.
(7) If the Chief Executive grants an application for approval, the Chief
Executive must issue the applicant with a written approval that sets out any
conditions to which the approval is subject.
(8) Without limiting any other provision, a condition of an approval may
limit the kinds of audits or inspections that may be carried out under the
approval.
(9) An approved auditor will be taken to be an approved inspector for the
purposes of this Act.
(10) If the Chief Executive refuses an application for approval, the Chief
Executive must give notice of the refusal in writing to the applicant setting
out the reasons for the refusal.
Except during any period of suspension, an approval under this Part remains
in force for the period specified in the approval unless sooner
cancelled.
(1) The Chief Executive may, if the Chief Executive considers it
appropriate to do so, by notice in writing to an approved auditor/inspector,
vary a condition of the approval.
(2) A person who holds an approval may, on application to the Chief
Executive in a manner and form determined by the Chief Executive, request a
variation of a condition to which the approval is subject and the Chief
Executive may, as the Chief Executive thinks fit—
(a) grant the variation; or
(b) refuse to grant the variation.
(3) The condition of an approval may be varied by the addition,
substitution or deletion of 1 or more conditions.
(4) An approved auditor/inspector must not contravene or fail to comply
with a condition of approval.
Maximum penalty: $25 000.
Expiation fee: $750.
(5) If an approved auditor/inspector contravenes or fails to comply with a
condition of approval, the Chief Executive may notify the auditor or inspector
that the Chief Executive considers that the approval should be
suspended.
(6) The approved
auditor/inspector may, within 14 days after receiving the notice, lodge
with the Chief Executive a written objection (setting out the grounds of
objection).
(7) On the receipt of an objection under
subsection (6),
the Chief Executive must give the auditor or inspector a reasonable opportunity
to make submissions to the Chief Executive in relation to the matter and must
then decide whether or not, in the circumstances of the case, it is appropriate
to proceed with the suspension.
(8) If an approved auditor/inspector does not make an objection under
subsection (6) or,
on an objection, the Chief Executive decides to proceed despite the objection,
the Chief Executive may, by written notice served on the auditor or inspector,
suspend the approval.
(9) A suspension of approval may be of indefinite duration or for a period
specified in the notice.
(10) A suspension takes effect when notice of the suspension is served on
the auditor or inspector or at such later date (if any) specified in the
notice.
(11) A person whose approval has been suspended may make application to
the Chief Executive for the cancellation of the suspension.
18—Conflict
of interest to be avoided
A person must not act as an auditor or inspector in relation to a risk
management plan—
(a) that the person has written or assisted in preparing; or
(b) that has been prepared by a drinking water provider who is an
associate of the person; or
(c) if the person has a direct or indirect pecuniary or personal interest
in the supply of the relevant drinking water.
Maximum penalty: $25 000.
Expiation fee: $750.
19—List
of approved auditors and inspectors to be maintained
(1) The Chief Executive is to prepare and maintain a list of approved
auditors and a list of approved inspectors.
(2) A list is to be made publicly available and is to be revised from time
to time as required.
Division 2—Audits
and inspections
20—Scheme
for audits and inspections
(1) The Chief
Executive will, by notice in the Gazette—
(a) determine that specified classes of drinking water providers will be
subject to audits under this Division, being audits every year or every
2 years, according to the determination;
(b) determine that specified classes of drinking water providers will be
subject to inspections under this Division, being inspections every year or
every 2 years, according to the determination.
(2) The Chief
Executive may, by subsequent notice in the Gazette, vary a notice under
subsection (1), or
substitute a new notice for a notice under
subsection (1).
(3) The criteria to be applied by the Chief Executive for the purposes of
subsections (1)
and
(2) will relate to the
size and complexity of operations carried out by drinking water providers, and
may relate to such other matters as the Chief Executive thinks fit.
(4) A drinking water
provider must ensure that an audit or inspection is carried out by an approved
auditor or an approved inspector (as the case requires) in accordance with a
determination of the Chief Executive under this section.
Maximum penalty: $25 000.
Expiation fee: $750.
(5) Without limiting
a preceding subsection, a drinking water provider must ensure that an audit or
inspection is carried out by an approved auditor or inspector (as the case
requires) in accordance with the criteria applying under
subsection (1)
before the drinking water provider begins to supply drinking water to the
public.
Maximum penalty: $25 000.
Expiation fee: $750.
(1) An auditor or inspector has the following duties:
(a) to determine whether the drinking water provider has complied with the
requirements of
Part 3 relating to
risk management plans during the audit or inspection period;
(b) to carry out any follow up audits or inspections, if necessary, to
check to see if action has been taken to remedy any deficiencies of any risk
management plan identified by the auditor or inspector;
(c) to report in accordance with the requirements of this
Division;
(d) to undertake any other functions prescribed by the regulations in
relation to audits or inspections.
(2) In conducting an audit or inspection, the auditor or inspector
must—
(a) inspect all documents that are specified by the regulations for the
purposes of this section in relation to audits or inspections; and
(b) comply with any other requirements prescribed by the regulations for
the purposes of this section in relation to audits or inspections.
(1) An auditor or
inspector must report in writing to the Chief Executive the results of any audit
or inspection carried out under this Division.
Maximum penalty: $5 000.
(2) A report under
subsection (1)
must—
(a) be in the prescribed form; and
(b) report on the matters indicated by the regulations; and
(c) take account of any action taken before the submission of the report
to remedy any deficiency identified by the auditor or inspector.
(3) A report must be furnished to the Chief Executive within the period
prescribed by the regulations.
(4) In addition, an
auditor or inspector who, as a result of an audit or inspection, believes that
water supplied, or to be supplied, for drinking water purposes may be unsafe
must immediately report his or her belief to the Chief Executive in a manner and
form determined by the Chief Executive.
Maximum penalty: $5 000.
(5) An auditor or inspector who makes a report under
subsection (4)
must provide the Chief Executive with such information as the Chief Executive
may require in connection with, or as a result of, a report under
subsection (4).
(6) A copy of a report provided to the Chief Executive under
subsection (1) or
(4) must be given to
the relevant drinking water provider.
23—Assistance
to facilitate an audit or inspection
(1) A drinking water provider must comply with any reasonable request or
requirement of an auditor or inspector in or in connection with the conduct of
an audit or inspection under this Division.
Maximum penalty: $5 000.
(2) A person must not, without reasonable excuse, resist, obstruct or
attempt to obstruct, an auditor or inspector in the exercise of a function under
this Division.
Maximum penalty: $5 000.
(3) A person must not, in connection with the conduct of an audit or
inspection, provide any information or produce any document that the person
knows is false or misleading in a material particular.
Maximum penalty: $25 000.
Part 5—Quality
of water and provision of reports
24—Drinking
water must be safe
(1) A drinking water provider must not supply drinking water to the public
that the drinking water provider knows to be unsafe.
Maximum penalty:
(a) if the offender is a body corporate—$500 000;
(b) if the offender is a natural person—$100 000 or
imprisonment for 4 years.
(2) A drinking water provider must not supply drinking water to the public
that the drinking water provider ought reasonably to know is unsafe.
Maximum penalty:
(a) if the offender is a body corporate—$375 000;
(b) if the offender is a natural person—$75 000.
(3) A drinking water provider must not supply drinking water to the public
that is unsafe.
Maximum penalty:
(a) if the offender is a body corporate—$250 000;
(b) if the offender is a natural person—$50 000.
Expiation fee: $1 000.
(1) A drinking water
provider must ensure that drinking water supplied by the drinking water provider
is collected and tested in accordance with—
(a) the requirements specified in any regulations made for the purposes of
this section; or
(b) the requirements
set out in a notice served on the drinking water provider by the Chief
Executive.
Maximum penalty: $25 000.
Expiation fee: $750.
(2) The Chief Executive may issue a notice under
subsection (1)(b)
if—
(a) the Chief Executive has reasonable grounds to believe that there is a
risk to the public; or
(b) the Chief Executive considers that testing is required under this
section on some other reasonable basis.
(3) Any testing required for the purposes of
subsection (1)—
(a) must, if the regulations or Chief Executive so require, be carried out
at an approved laboratory; and
(b) must be carried out in accordance with the requirements specified in
any regulations made for the purposes of this section, or in a notice furnished
by the Chief Executive.
(4) The results of any testing required under
subsection (1)
must be furnished to the Chief Executive in a manner and form determined by the
Chief Executive within the period specified by the regulations or, in a case
where
subsection (1)(b)
applies, by the Chief Executive.
(5) Nothing in this section limits any requirements for testing under a
risk management plan.
Division 2—Provision
of reports
26—Officer
to report known or suspected contamination
(1) This section applies if an officer of a drinking water provider
believes or suspects, on reasonable grounds, that water supplied, or to be
supplied, for drinking water purposes is unsafe.
(2) On forming that
belief or suspicion, the officer must immediately report his or her belief or
suspicion to the Chief Executive in a manner and form determined by the Chief
Executive.
Maximum penalty: $25 000.
Expiation fee: $500.
(3) An officer who makes a report under
subsection (2)
must provide the Chief Executive with such information as the Chief Executive
may require in connection with, or as a result of, a report under
subsection (2).
(4) In this section—
officer, in relation to a drinking water provider,
means—
(a) a person who is
concerned, or takes part, in the management of the affairs of the drinking water
provider; or
(b) without limiting
paragraph (a), a
person who holds an office as an executive within the staffing structures of the
drinking water provider.
27—Water
quality monitoring information to be made publicly
available
(1) A drinking water provider must make available for inspection by the
public the results of any monitoring program that the drinking water provider
conducts on drinking water for the purposes of the drinking water provider's
risk management plan.
Maximum penalty: $10 000.
Expiation fee: $210.
(2) The results must be made available within the period prescribed by the
regulations.
(3) A drinking water provider must not publish any information in
purported compliance with this section that the drinking water provider knows is
false or misleading in a material detail without including with the information
details of the defect in the information.
Maximum penalty: $10 000.
Part 6—Approval
of laboratories
(1) The Chief Executive may approve laboratories for the purposes of this
Act.
(2) A person providing or intending to provide services for the purposes
of this Act at a laboratory may make application, in a manner and form
determined by the Chief Executive, for an approval under this Part.
(3) An applicant for approval must furnish the Chief Executive with such
information as the Chief Executive may require.
(4) The Chief Executive may, after considering an application for
approval—
(a) grant the application, with or without conditions; or
(b) refuse the application.
(5) If the Chief Executive grants an application for approval, the Chief
Executive must issue the applicant with a written approval that sets out any
conditions to which the approval is subject.
(6) If the Chief Executive refuses an application for approval, the Chief
Executive must give notice of the refusal in writing to the applicant setting
out the reasons for the refusal.
(1) A laboratory that
falls within a class (if any) prescribed by the regulations for the purposes of
this section will be taken to be an approved laboratory under this Part without
the need for any application.
(2) An approval under
subsection (1)
will be subject to any conditions prescribed by the regulations.
Except during any period of suspension, an approval granted under this Part
remains in force for the period specified in the approval unless sooner
cancelled.
(1) The Chief Executive may, if the Chief Executive considers it
appropriate to do so, by notice in writing to an approved laboratory, vary a
condition of the approval.
(2) A person who holds an approval may, on application to the Chief
Executive in a manner and form determined by the Chief Executive, request a
variation of a condition to which the approval is subject and the Chief
Executive may, as the Chief Executive thinks fit—
(a) grant the variation; or
(b) refuse to grant the variation.
(3) The condition of an approval may be varied by the addition,
substitution or deletion of 1 or more conditions.
(4) An approved laboratory must not contravene or fail to comply with a
condition of approval.
Maximum penalty: $10 000.
Expiation fee: $210.
(5) If an approved laboratory contravenes or fails to comply with a
condition of approval, the Chief Executive may notify the person in charge of
the laboratory that the Chief Executive considers that the approval should be
suspended.
(6) The person in
charge of the laboratory may, within 14 days after receiving the notice,
lodge with the Chief Executive a written objection (setting out the grounds of
objection).
(7) On the receipt of an objection under
subsection (6),
the Chief Executive must give the person in charge of the laboratory a
reasonable opportunity to make submissions to the Chief Executive in relation to
the matter and must then decide whether or not, in the circumstances of the
case, it is appropriate to proceed with the suspension.
(8) If the person in charge of the laboratory does not make an objection
under
subsection (6) or,
on an objection, the Chief Executive decides to proceed despite the objection,
the Chief Executive may, by written notice served on the person in charge of the
laboratory, suspend the approval.
(9) A suspension of approval may be of indefinite duration or for a period
specified in the notice.
(10) A suspension takes effect when notice of the suspension is served on
the person in charge of the laboratory or at such later date (if any) specified
in the notice.
(11) The person in charge of a laboratory whose approval has been
suspended may make application to the Chief Executive for the cancellation of
the suspension.
(12) This section extends to a laboratory under
section 29.
32—List
of approved laboratories to be maintained
(1) The Chief Executive is to prepare and maintain a list of approved
laboratories.
(2) The list is to be made publicly available and is to be revised from
time to time as required.
Part 7—Administration
and enforcement
In this Part—
enforcement agency means—
(a) the Minister; or
(b) a council under the Local
Government Act 1999; or
(c) a body established by a council or councils under the Local
Government Act 1999 and brought within the ambit of this definition
by the regulations.
Division 2—Authorised
officers
34—Appointment
of authorised officers
(1) An enforcement agency may appoint a person to be an authorised officer
for the purposes of this Act, but only if the enforcement agency considers the
person has appropriate qualifications or experience to exercise the functions of
an authorised officer.
(2) Each enforcement agency is to prepare and maintain a list of
authorised officers appointed by it.
(1) An enforcement agency is to provide each authorised officer appointed
by it with a certificate of authority as an authorised officer.
(2) The powers of an authorised officer may be limited by the authorised
officer's certificate of authority.
(3) An authorised officer must, at the request of a person in relation to
whom the officer intends to exercise any powers under this Act, produce for the
inspection of the person his or her certificate of authority.
(4) An authorised officer appointed under this Act must, on ceasing to be
an authorised officer for any reason, surrender his or her certificate of
authority to the enforcement agency that made the appointment.
Maximum penalty: $5 000.
36—Powers
of authorised officers
(1) An authorised
officer may, for any purpose connected with the administration or operation of
this Act or with the performance, exercise or discharge of a function, power or
duty under this Act—
(a) at any reasonable time, enter or inspect any premises or vehicle;
and
(b) during the course of the inspection of any premises or
vehicle—
(i) ask questions of any person found in the premises or vehicle;
and
(ii) inspect any article or substance found in the premises or vehicle;
and
(iii) take and remove samples of any substance or other thing found in the
premises or vehicle; and
(iv) require any person to produce any plans, specifications, books,
papers or documents; and
(v) examine, copy and take extracts from any plans, specifications, books,
papers or documents; and
(vi) take photographs, films or video recordings; and
(vii) take measurements, make notes and carry out tests; and
(viii) seize and retain, or issue a seizure order in respect of, anything
that may constitute evidence of the commission of an offence against this Act;
and
(c) require any person to answer any question that may be relevant to the
administration or enforcement of this Act.
(2) In the exercise of powers under this Act, an authorised officer may be
accompanied by such assistants as may be necessary or desirable in the
circumstances.
(3) An authorised
officer may use force to enter any premises or vehicle—
(a) on the authority
of a warrant issued by a magistrate; or
(b) if the officer believes, on reasonable grounds, that the circumstances
require immediate action to be taken.
(4) A magistrate must not issue a warrant under
subsection (3)
unless satisfied—
(a) that there are reasonable grounds to suspect that an offence against
this Act has been, is being, or is about to be, committed; or
(b) that the warrant is reasonably required in the
circumstances.
(5) If an authorised officer is inspecting premises or a vehicle under
this section, the person in charge of the premises or vehicle must provide such
assistance as the authorised officer reasonably requires to facilitate the
inspection.
(6) A person who—
(a) hinders or obstructs an authorised officer, or a person assisting an
authorised officer, in the exercise of a power under this section; or
(b) having been asked a question under this section, does not answer the
question to the best of his or her knowledge, information and belief;
or
(c) being the person in charge of premises or a vehicle subject to an
inspection and having been required to provide reasonable assistance to
facilitate the inspection, refuses or fails to provide such
assistance,
is guilty of an offence.
Maximum penalty: $25 000.
(7) It is not an excuse for a person to refuse or fail to furnish
information under this section on the ground that to do so might tend to
incriminate the person or make the person liable to a penalty.
(8) However, if compliance with a requirement to furnish information might
tend to incriminate a person or make a person liable to a penalty,
then—
(a) in the case of a person who is required to produce, or provide a copy
of, a document or information—the fact of production, or provision of, the
document or the information (as distinct from the contents of the documents or
the information); or
(b) in any other case—any answer given in compliance with the
requirement,
is not admissible in evidence against the person for an offence or for the
imposition of a penalty (other than proceedings in respect of the provision of
information that is false or misleading).
(1) A seizure order issued by an authorised officer under this
Division—
(a) must be in the form of a written notice served on the owner or person
in control of the thing to which the order relates; and
(b) may be varied or revoked by further such written notice.
(2) If a seizure order is issued under this Division, a person who removes
or interferes with the thing to which the order relates without the approval of
an enforcement agency before an order is made under
subsection (3)(b)
in respect of the thing or the seizure order is discharged under
subsection (3)(c)
is guilty of an offence.
Maximum penalty: $25 000.
(3) If a thing has
been seized or made subject to a seizure order under this Division, the
following provisions apply:
(a) the thing must,
if it has been seized, be held pending proceedings for an offence against this
Act related to the thing seized, unless an enforcement agency—
(i) on application,
authorises its release to the person from whom it was seized or any person who
had a right to possession of it at the time of its seizure subject to such
conditions as the enforcement agency thinks fit, including conditions as to the
giving of security for satisfaction of an order under
paragraph (b)(i)(B);
or
(ii) orders that it
be forfeited to the enforcement agency;
(b) if proceedings
for an offence against this Act related to the thing are instituted within the
prescribed time of its seizure or the issuing of the seizure order and the
person charged is found guilty of the offence, the court must consider the
question of forfeiture and may—
(i) if the thing
seized has not been forfeited by order of an enforcement agency under
paragraph (a)(ii)—
(A) order that it be forfeited to an enforcement agency; or
(B) if it has been
released pursuant to
paragraph (a)(i),
order that it be forfeited to an enforcement agency or order that the person to
whom it was released pay an amount equal to its market value at the time of its
seizure, as the court thinks fit; or
(C) make no order for forfeiture; or
(ii) if the thing
seized has been forfeited by order of an enforcement agency under
paragraph (a)(ii)—
(A) confirm the order for forfeiture; or
(B) quash the order for forfeiture,
as the court considers appropriate in the circumstances;
(i) the thing has not been released pursuant to
paragraph (a)(i);
and
(ii) proceedings for an offence against this Act related to the
thing—
(A) are not instituted within the prescribed time after its seizure or the
issuing of the seizure order; or
(B) are so instituted and the person charged is not found guilty of the
offence; or
(C) are so instituted and the person charged is found guilty of the
offence but either no order for forfeiture is made under
paragraph (b)(i)
or an order is made under
paragraph (b)(ii)
quashing the order for forfeiture,
the person from whom the thing was seized or any person who had a right to
possession of it at the time of its seizure is entitled to recover, by action in
any court of competent jurisdiction—
(iii) if the thing seized has not been forfeited by order under
paragraph (a)(ii)—the
thing itself, or, if it has deteriorated or been destroyed, compensation of an
amount equal to its market value at the time of its seizure; or
(iv) if the thing seized has been forfeited by order under
paragraph (a)(ii)—compensation
of an amount equal to its market value at the time of its seizure or, if it has
been sold, the amount realised by its sale,
and any seizure order is discharged;
(d) if the thing seized is forfeited under this section, it may be
disposed of by sale, destruction or otherwise as an enforcement agency
directs.
(4) In this section—
prescribed time means the period of 6 months, or such
longer period as a magistrate may allow.
Division 3—Notices
and emergencies
(1) An enforcement agency may issue a notice under this section for the
purpose of—
(a) securing compliance with a requirement imposed by or under this Act;
or
(b) averting, eliminating or minimising a risk, or a perceived risk, to
the public in relation to drinking water.
(2) A notice under
this section—
(a) subject to
subsection (3),
must be in the form of a written notice served on the person to whom it is
issued; and
(b) must specify the person to whom it is issued (whether by name or by a
description sufficient to identify the person); and
(c) must state the purpose for which the notice is issued and give notice
of the requirement or the risk to which it relates; and
(d) may impose any
requirement reasonably required for the purpose for which the notice is issued
including 1 or more of the following:
(i) a requirement that the person discontinue, or not commence, a
specified activity indefinitely or for a specified period or until further
notice from an enforcement agency;
(ii) a requirement that the person not carry on a specified activity
except subject to specified conditions;
(iii) a requirement that the person take specified action in a specified
way, and within a specified period or at specified times or in specified
circumstances;
(iv) a requirement that the person take action to prevent, eliminate,
minimise or control any specified risk to the public, or to control any
specified activity;
(v) a requirement that the person comply with any specified standard,
guideline or code prepared or published by a body or authority referred to in
the notice;
(vi) a requirement that the person undertake specified tests or
monitoring;
(vii) a requirement that the person furnish to a body or authority
referred to in the notice specified results or reports;
(viii) a requirement that the person prepare, in accordance with specified
requirements and to the satisfaction of the enforcement agency, a plan of action
to secure compliance with a relevant requirement or to prevent, eliminate,
minimise or control any specified risk to the public; and
(e) must state that the person may, within 14 days, appeal to the
District Court against the notice.
(3) An authorised
officer may, if of the opinion that urgent action is required, issue an
emergency notice imposing a requirement of a kind referred to in
subsection (2)(d)
as reasonably required in the circumstances.
(4) An emergency notice may be issued orally but, in that event, the
person to whom the notice is issued must be advised forthwith of the person's
right to appeal to the District Court against the notice.
(5) If an emergency notice is issued by an authorised officer, the notice
will cease to have effect on the expiration of 72 hours from the time of
issuing unless confirmed by a notice issued by an enforcement agency and served
on the relevant person.
(6) An enforcement agency may, by written notice served on a person to
whom a notice under this section has been issued by the enforcement agency, vary
or revoke the notice.
(7) A person to whom a notice is issued under this section must not,
without reasonable excuse, fail to comply with the notice.
Maximum penalty: $25 000.
(8) A person must not hinder or obstruct a person complying with a notice
under this section.
Maximum penalty: $25 000.
39—Action
or non-compliance with a notice
(1) If the
requirements of a notice under this Division are not complied with, an
enforcement agency may take any action required by the notice.
(2) Action to be taken by an enforcement agency under
subsection (1) may
be taken on the enforcement agency's behalf by an authorised officer, or another
person authorised by the enforcement agency for the purpose.
(3) A person taking action under this section may enter any relevant land
at any reasonable time.
(4) The reasonable costs and expenses incurred by an enforcement agency in
taking action under this section may be recovered by the enforcement agency from
the person who failed to comply with the requirements of the notice as a debt in
a court of competent jurisdiction.
(5) If an amount is recoverable from a person by an enforcement agency
under this section, the enforcement agency may, by notice in writing to the
person, fix a period, being not less than 28 days from the date of the
notice, within which the amount must be paid by the person, and, if the amount
is not paid by the person within that period, the person is liable to pay
interest charged at the prescribed rate per annum on the amount
unpaid.
40—Action
in emergency situations
(1) If an authorised officer believes, on reasonable
grounds—
(a) that a situation is creating, or likely to create, a risk to the
public in relation to drinking water; and
(b) that immediate action is required,
the authorised officer may, after giving such notice (if any) as may be
reasonable in the circumstances, take action or cause action to be taken as
necessary to avert, control or eliminate the risk.
(2) In the exercise
of powers under this section, an authorised officer has, in addition to any
other powers of an authorised officer under this Act, power to—
(a) enter and take possession of any premises or vehicle (taking such
action as is reasonably necessary for the purpose); and
(b) seize, retain, move or destroy or otherwise dispose of any substance
or thing.
(3) The action taken under
subsection (2) may
include the use of force to enter any premises or vehicle without a warrant if
the authorised officer believes, on reasonable grounds, that the circumstances
require such a step to be taken.
(4) Action may be taken under this section whether or not a notice has
been given to a person in relation to the risk under a preceding
section.
(5) The reasonable costs and expenses incurred by an authorised officer in
taking action under this section may be recovered by an enforcement agency as a
debt in a court of competent jurisdiction.
41—Specific
power to require information
(1) Without limiting
any other provision of this Act, an enforcement agency may, by notice in writing
under this section, require a person to furnish such information relating to the
quality or supply of drinking water, or any other matter associated with the
administration or operation of this Act, as the enforcement agency thinks
fit.
(2) A person who fails to comply with a requirement under
subsection (1) is
guilty of an offence.
Maximum penalty: $25 000.
Expiation fee: $750.
(3) It is not an excuse for a person to refuse or fail to furnish
information under this section on the ground that to do so might tend to
incriminate the person or make the person liable to a penalty.
(4) However, if compliance with a requirement to furnish information might
tend to incriminate a person or make a person liable to a penalty,
then—
(a) in the case of a person who is required to produce, or provide a copy
of, a document or information—the fact of production, or provision of, the
document or the information (as distinct from the contents of the documents or
the information); or
(b) in any other case—any answer given in compliance with the
requirement,
is not admissible in evidence against the person for an offence or for the
imposition of a penalty (other than proceedings in respect of the provision of
information that is false or misleading).
(1) A person who has been issued with a notice under this Division may
appeal to the District Court against the notice.
(2) An appeal must be instituted within 14 days after the notice is
served on the person but the District Court may, if satisfied that it is just
and reasonable in the circumstances to do so, extend the period (whether or not
it has already expired).
(3) An enforcement agency is entitled to be a party to proceedings under
this section.
(1) A relevant authority may delegate a power or function vested or
conferred under this Act—
(a) to a particular person or body; or
(b) to the person for the time being occupying a particular office or
position.
(2) A power or function delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the delegator to act in a matter;
and
(c) is revocable at will by the delegator.
(4) In any legal proceedings an apparently genuine certificate,
purportedly given by the relevant authority, containing particulars of a
delegation under this section, will, in the absence of proof to the contrary, be
accepted as proof that the delegation was made in accordance with the
particulars.
(5) In this section—
relevant authority means—
(a) the Minister; or
(b) the Chief Executive; or
(c) an enforcement agency.
44—Service
of notices or other documents
(1) Subject to this
section, if this Act requires or authorises a notice or other document to be
served on, or given to, a person, the notice or document may—
(a) be served on, or given to, the person or an agent of the person;
or
(b) be left for the person at his or her place of residence or business
with someone apparently over the age of 16 years; or
(c) be sent by post to the person or an agent of the person at his or her
last known address; or
(d) be sent to the person by fax; or
(e) be served or given in some other manner prescribed by the
regulations.
(2) Without limiting
subsection (1), a
notice, order or document to be served on or given to a company or registered
body within the meaning of the Corporations Act 2001 of the
Commonwealth may be served or given in accordance with that Act.
45—Disclosure
of certain confidential information
(1) A person who has, in connection with the administration or execution
of this Act, obtained information relating to manufacturing secrets or
commercial secrets or working processes must not disclose that information
unless the disclosure is made—
(a) with the consent of the person from whom the information was obtained;
or
(b) in connection with the administration or operation of this Act;
or
(c) for the purposes of any legal proceedings arising out of this Act or
of any report of any such proceedings; or
(d) in accordance with a requirement imposed by or under this Act or any
other law; or
(e) to a person administering or enforcing a law of another jurisdiction
that corresponds to this Act or any other law prescribed by the regulations;
or
(f) to a person administering or enforcing the Food
Act 2001 or an Act of another jurisdiction that corresponds to that
Act; or
(g) to a law enforcement authority; or
(h) with other lawful excuse.
Maximum penalty: $50 000.
(2) A person is not guilty of an offence under this section if the
information was publicly available at the time the disclosure concerned was
made.
No liability attaches to the Crown, the Minister, the Chief Executive, an
enforcement agency, an authorised officer or any other authority or person
engaged in the administration of this Act for an honest act or omission in the
exercise or discharge, or purported exercise or discharge, of a power, function
or duty under this Act.
A person must not, in connection with a requirement or direction under this
Act, provide any information or produce any document that the person knows is
false or misleading in a material particular (whether by reason of the inclusion
or omission of any particular).
Maximum penalty: $25 000.
48—Offences
by bodies corporate
(1) If a body corporate contravenes, whether by act or omission, any
provision of this Act or the regulations, each person who is a member of the
governing body of the body corporate or who is concerned in the management of
the body corporate is taken to have contravened the same provision if the person
knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to this section whether or not the body corporate has been proceeded
against or been convicted under that provision.
(3) Nothing in this section affects any liability imposed on a body
corporate for an offence committed by the body corporate under this Act or the
regulations.
(1) Proceedings for
an offence against this Act may only be commenced by—
(a) the Minister; or
(b) the Director of Public Prosecutions; or
(c) an authorised officer; or
(d) a member of the staff of the Department; or
(e) the chief executive officer of a council; or
(f) a police officer; or
(g) a person acting
on the written authority of the Minister.
(2) An apparently genuine document purporting to be under the hand of the
Minister and to authorise the commencement of proceedings under this Act must be
accepted in legal proceedings, in the absence of proof to the contrary, as proof
of an authorisation under
subsection (1)(g).
50—Agreement
and consultation with local government sector
(1) The Minister must
take reasonable steps to consult with the LGA from time to time in relation to
the administration and enforcement of this Act.
(2) If the Minister and
the LGA enter into an agreement with respect to the exercise of functions under
this Act by councils, then the Minister must prepare a report on the matter and
cause copies of the report to be laid before both Houses of
Parliament.
(3) A report under
subsection (2) must
be accompanied by a copy of any relevant written agreement between the Minister
and the LGA.
(4) The Minister must
consult with the LGA before a regulation that confers any function on councils
is made under this Act.
(5) The annual report of the Minister under this Act must include a
specific report on—
(a) the outcome of any consultation undertaken under
subsection (1)
or
(4); and
(b) the operation of any agreement referred to in
subsection (2).
(1) The Minister must,
on or before 30 September in each year, prepare a report on the operation
of this Act for the financial year ending on the preceding
30 June.
(2) The Minister must, within 6 sitting days after completing a
report under
subsection (1),
cause copies of the report to be laid before both Houses of
Parliament.
52—Annual
reports by enforcement agencies
(1) An enforcement
agency (other than the Minister) must, on or before 30 September in each
year, furnish to the Minister a report on the activities of the enforcement
agency under this Act during the financial year ending on the preceding
30 June.
(2) The Minister must, within 6 sitting days after receiving a report
under
subsection (1),
cause copies of the report to be laid before both Houses of
Parliament.
(1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) Without limiting
the generality of
subsection (1),
those regulations may—
(a) require the furnishing of reports, returns, documents or other forms
of information relevant to the registration scheme under this Act to the
Minister;
(b) require the furnishing of reports, returns, documents or other forms
of information relevant to quality or supply of drinking water, or to any other
process or other matter associated with the supply of drinking water, to the
Chief Executive or other prescribed person or body;
(c) require the keeping of records, statistics and other forms of
information—
(i) by any person or body that supplies drinking water; or
(ii) by any person or body that performs a function under or pursuant to
this Act,
(and the provision of reports based on that information);
(d) require that prescribed classes of systems or processes associated
with the supply of drinking water must be managed, maintained or undertaken by
persons with prescribed qualifications or experience, or who satisfy other
competency requirements;
(e) prescribe standards and other requirements that must be observed or
applied in relation to the quality or supply of drinking water;
(f) make provision with respect to the monitoring of drinking water
quality, or any component or characteristic of drinking water, including with
respect to the method, collection and analysis of samples;
(g) provide for the making of announcements or the provision of advice to
the public in prescribed circumstances;
(h) prescribe guidelines to assist in the administration of this
Act;
(i) make provision with respect to any auditing, inspections or testing
under this Act;
(j) prescribe fees and charges in connection with any matter arising under
this Act, including fees or charges for or in connection with the exercise,
performance or discharge of any power, function or duty of an enforcement agency
or an authorised officer under this Act, which may be of varying amounts
according to factors prescribed in the regulations or determined by the Minister
from time to time and published in the Gazette;
(k) provide for the payment and recovery of prescribed fees and
charges;
(l) prescribe penalties, not exceeding $25 000, for a breach of any
regulation;
(m) fix expiation fees, not exceeding $750, for an alleged breach of any
regulation.
(3) The regulations may adopt, wholly or partially and with or without
modification—
(a) a standard, guideline or code relating to matters in respect of which
regulations may be made under this Act; or
(b) an amendment to such a standard, guideline or code.
(4) Any regulations adopting a standard, guideline or code, or an
amendment to a standard, guideline or code, may contain such incidental,
supplementary and transitional provisions as appear to the Governor to be
necessary.
(5) The regulations or a standard, guideline or code adopted by the
regulations may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a standard or other document prepared or published by a prescribed
body or person, either as in force at the time the regulations are made or as in
force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Chief
Executive or a council.
(6) If—
(a) a standard, guideline or code is adopted by the regulations;
or
(b) the regulations, or a standard, guideline or code adopted by the
regulations, refers to a standard or other document prepared or published by a
prescribed body,
then—
(c) a copy of the standard, guideline, code or other document must be kept
available for inspection by members of the public, without charge and during
normal office hours, at an office or offices specified in the regulations;
and
(d) in any legal proceedings, evidence of the contents of the standard,
guideline, code or other document may be given by production of a document
purporting to be certified by or on behalf of the Minister as a true copy of the
standard, guideline, code or other document; and
(e) the standard, guideline, code or other document has effect as if it
were a regulation made under this Act.
Schedule 1—Consequential
amendments and transitional provisions
Part 1—Consequential
amendments
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Food
Act 2001
Section 11—delete the section and substitute:
11—Application of Act to drinking
water
(1) This Act does not apply to or in respect of drinking water unless the
drinking water has been packaged in a bottle, cask or other container.
(2) In this section—
drinking water means water that is intended for human
consumption or for purposes connected with human consumption (such as the
washing, preparation or cooking of food or the making of ice intended for human
consumption, or for the preservation of unpackaged food), whether or not the
water is used for other purposes.
Part 3—Transitional
provisions
3—Transitional
provisions—initial period of operation of Act
(1) In this clause—
transitional registration date means the day falling on the
expiration of the period of 3 months from the day on which this clause
comes into operation;
transitional RMP date means the day falling on the expiration
of the period of 12 months from the day on which this clause comes into
operation.
(2) A person who
supplies drinking water as a drinking water provider on the commencement of this
Act is not required—
(a) to be registered
under
section 5 until
the transitional registration date; or
(b) to comply with
section 20(5);
or
(c) to have a risk management plan under
Part 3 until the
transitional RMP date.
(3) A person who
supplies drinking water as a drinking water provider at any time after the
commencement of this Act but before the transitional registration date is not
required—
(a) to be registered
under
section 5 until
the transitional registration date; or
(b) to comply with
section 20(5);
or
(c) to have a risk management plan under
Part 3 until the
transitional RMP date.
(4) A person who comes within the ambit of
section 5(1)
on or after the transitional registration date but before the transitional RMP
date is not required to have a risk management plan under
Part 3
until the transitional RMP date.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under
subclause (1) may,
if the regulation so provides, take effect from the commencement of this Act or
from a later day.
(3) To the extent to which a provision takes effect under
subclause (2) from
a day earlier than the day of the regulation's publication in the Gazette, the
provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.