Public Health Act (Chapter 226)

Coming into Force01 May 1975
Year1974
Published date01 May 1975
Revision Date01 October 2021
Type of DocumentCurrent Version
Public Health Act (Chapter 226)

[Public Health Act (Chapter 226) consolidated to No 3 of 2020]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 226.

Public Health Act.

Being an Act relating to public health and for related purposes.

PART I.—PRELIMINARY.
1 Interpretation.

In this Act, unless the contrary intention appears—

"child" means a person under the age of 16 years;

"drug" includes—

(a) any article used for or in the composition or preparation of medicine for internal or external consumption or use by man; and

(b) a disinfectant, germicide, antiseptic, preservative, deodorant, anaesthetic, narcotic, soap, cosmetic, dusting powder, essence, unguent and any other toilet article; and

(c) tobacco;

"dwelling" means any house, room, vessel or other structure used by a human being for sleeping in, or in which a human being dwells;

"food" includes—

(a) any article that—

(i) is used for food or drink by man; or

(ii) enters into or is used in the composition or preparation of any such article; and

(b) any infant food, flavoring matter, colouring matter, essence, condiment, spice or confectionery;

"inspector" means an

Inspector of Health;

"Inspector of Health" means an Inspector of Health appointed under Section 8;

"Local Medical Authority" means a Local Medical Authority appointed under the National Health Administration Act 1997;

"the Mining Act" means—

(a) in relation to the former Territory of Papua—the Mining Act 1937 (Adopted) of that Territory; and

(b) in relation to the former Territory of New Guinea—the Mining Act 1928 (Adopted) of that Territory;

"occupier", otherwise than in Parts III, IV, V, VI, VII and VIII, includes—

(a) any person in occupation of premises, without regard to the title under which he occupies; and

(b) where premises are subdivided and let to lodgers or various tenants—the person receiving the rent payable by the lodgers or tenants, whether on his own account or as agent for any person entitled to the rent;

"owner", otherwise than in Parts III, IV, V, VI, VII and VIII, includes—

(a) the person for the time being entitled to receive the rent of the premises in connexion with which the expression is used—

(i) on his own account; or

(ii) as manager for, agent of, or trustee for any other person; and

(b) the person who would be entitled to receive the rent if the premises were let at a rent; and

(c) a lessee or licensee under a lease or licence granted or approved under—

(i) the Land Act; or

(ii) the Mining Act;

"premises", otherwise than in Parts IV, V, VI, VII and VIII, includes—

(a) messuages, buildings, lands and hereditaments of every tenure; and

(b) any vehicle, conveyance or vessel;

"the regulations" means any regulations made under this Act;

"this Act" includes the regulations.

1A Compliance with Constitutional requirements.

This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (Qualified Rights) of the Constitution, namely —

(a) liberty of persons conferred by Section 42; and

(b) the freedom from arbitrary search and entry conferred by Section 44; and

(c) the freedom of assembly and association conferred by Section 47; and

(d) the right to privacy conferred by Section 49; and

(e) the right to freedom of information conferred by Section 51; and

(f) the right to freedom of movement conferred by Section 52; and

(g) the protection from unjust deprivation of property conferred by Section 53,

of the Constitution, is a law that is made for the purpose of giving effect to the public interest in public health, public safety, public order and public welfare, and is reasonably justifiable in a democratic society having a proper respect and regard for the rights and dignity of mankind, taking into account the National Goals and Directive Principles and the Basic Social Obligations because of serious threats to public health and mental health.

2 Application in relation to public buildings.

(1) Premises owned or occupied by the State or by public bodies are subject to this Act in the same manner as if they were owned or occupied privately.

(2) The officer having the use or control of any premises referred to in Subsection (1) is liable for any breach of this Act as if he were the actual owner or occupier of the premises.

(3) Where, by virtue of Subsection (2), an officer is charged with an offence against this Act, it is a defence if he proves that, within the resources made available to him and the authority vested in him, he took all reasonable steps to ensure compliance with this Act.

2 Application in relation to public buildings.

(1) Premises owned or occupied by the State or by public bodies are subject to this Act in the same manner as if they were owned or occupied privately.

(2) The officer having the use or control of any premises referred to in Subsection (1) is liable...

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