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Papua New Guinea Sessional Legislation |
PAPUA NEW GUINEA
PUBLIC HEALTH (AMENDMENT) ACT 2020
No. 3 of 2020.
Certified on: 09 APR 2020
ARRANGEMENT OF SECTIONS.
1. New Section 1A.
"1A. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.".
2. New Section 11A.
"11A. EXERCISE OF POWERS.".
3. Bribery, obstruction, etc., (Amendment of Section 12).
4. Urgent report of certain diseases (Amendment of Section 16).
5. Report by medical practitioners and medical assistants (Amendment of Section 17).
6. Reports by officers in charge of certain institutions (Amendment of Section 18).
7. Reports by employers (Amendment of Section 19).
8. Reports by Government officers (Amendment of Section 20).
9. Advice to schools (Amendment of Section 21).
10. Advice to householders (Amendment of Section 22).
11. Removal and confinement of infected persons (Amendment of Section 26).
12. Restrictions on movement, etc., of infected persons and things (Amendment of Section 28).
13. Recently infected persons (Amendment of Section 29).
14. Disinfection of conveyances, etc., (Amendment of Section 30).
15. Vacation of infected building (Amendment of Section 31).
16. Letting of infected building (Amendment of Section 32).
17. Disposal of infected matter (Amendment of Section 33).
18. Isolation of infected areas (Amendment of Section 36).
19. Compulsory hospitalization of infected persons (Amendment of Section 46).
20. Disobedience of orders (Amendment of Section 47).
21. Regulations (Amendment of Section 141).
AN ACT
entitled
Public Health (Amendment) Act 2020,
Being an Act to amend the Public Health Act (Chapter 226),
MADE by the National Parliament to come into operation upon certification.
The Principal Act is amended by inserting a new section after Section 1 as follows:
"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.".
The Principal Act is amended by inserting a new section after Section 11 as follows:
"11A. EXERCISE OF POWERS.
A person exercising the powers under this Act, must exercise such powers in a manner to ensure that the direction or directions made, actions taken and measures imposed under this Act -
- (a) are necessary for achieving the objectives of this Act; and
- (b) are the least restrictive as possible; and
- (e) are the least intrusive and invasive as possible; and
- (d) take into full account the human rights of the persons affected by such direction or directions, actions, or measures.".
Section 12 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K5,000.00 or imprisonment for a term not exceeding three years, or both." .
Section 16 of the Principal Act is amended by -
(a) deleting the word "or", appearing after the words "yellow fever" and inserting a comma in its stead; and
(b) inserting the words "or any other infectious disease declared under Section 15" immediately after the words·'small-pox"; and
(c) repealing the penalty provision and replacing it with the following:
- "Penalty: A fine not exceeding K10,000.00 or imprisonment for a term not exceeding three years, or both.".
Section 17 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K10,000.00.".
Section 18 of the Principal Act is amended in Subsection (2) by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K10,000.00.".
Section 19 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K10,000.00.".
Section 20 of the Principal Act is amended in Subsection (1) by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K1,000.00.".
Section 21 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding Kl,000.00.".
Section 22 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K10,000.00.".
Section 26 of the Principal Act is amended in Subsection (2) by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K10,000.00.".
Section 28 of the Principal Act is amended in Subsection (1) by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K10,000.00 or imprisonment for a term not exceeding three years, or both.".
Section 29 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K5,000.00.".
Section 30 of the Principal Act is amended in Subsection (1) by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K5,000.00.".
Section 31 of the Principal Act is amended in Subsection (1) by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K5,000.00.".
Section 32 of the Principal Act is amended -
(a) in Subsection (1) by repealing the penalty provision and replacing it with the following:
- "Penalty: A fine not exceeding K5,000.00."; and
(b) in Subsection (2) by repealing the penalty provision and replacing it with the following:
- "Penalty: A fine not exceeding K10,000.00 or imprisonment for a term not exceeding three years, or both.".
Section 33 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K1,000.00.".
Section 36 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K1,000.00.".
Section 46 of the Principal Act is amended in Paragraph (a) by inserting the words "or any other infectious disease declared under Section 15" immediately after the words "(including phthisis, bony tuberculosis and military tuberculosis)".
Section 47 of the Principal Act is amended by repealing the penalty provision and replacing it with the following:
"Penalty: A fine not exceeding K5,000.00.".
Section 141 of the Principal Act is amended in Paragraph (s) by repealing Subparagraph (iii) and replacing it with the following:
"(iii) of fines not exceeding K10,000.00 or imprisonment for terms not exceeding three years for offences against any other provision of the regulations." .
I hereby certify that the above is a fair print of the Public Health (Amendment) Act 2020 which has been made by the National Parliament.
Acting Clerk of the National Parliament.
09 APR 2020
I hereby certify that the Public Health (Amendment) Act 2020 was made by the National Parliament on 2 April 2020, by an absolute majority vote as required under the Constitution.
Speaker of the National Parliament
09 APR 2020
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URL: http://www.paclii.org/pg/legis/num_act/pha2020206
