123 Public health regulatory offences

Public health regulatory offences comprise offences against regulations intended to protect or improve the health or safety of the community.

Sanitation and disease offences includes regulatory offences relating to food preparation, waste disposal, construction, management of an institution, or other regulations to reduce the risk of disease. 

• Breach regulatory requirements for reporting and containing reportable illnesses
• Careless or reckless disposal of a syringe
• Food safety offences or causing illness through mishandling of food or food preparation
• Unsafe management of a public institution or building 
• Other sanitation or disease offences

• Mishandling of hazardous substances – coded to 1234 Hazardous substances offences
• Offences created during a declared state of emergency – coded under 1291 Emergency regulation offences
• Workplace health and safety offences – coded to 1292 Occupational safety offences

This group includes regulatory offences relating to the production, sale, purchase, transport, or consumption of alcohol. 

• Drink or possess alcohol in an alcohol-free zone
• Exceed the limit for possession of alcohol in a restricted area
• Fail to label alcohol products adequately or correctly
• Produce, sell, or purchase alcohol in contravention of licence conditions or without a licence
• Sell or supply alcohol to a minor or other person prohibited from purchasing alcohol
• Other regulatory alcohol offences

• Causing serious injury while driving under the influence of alcohol – coded to 0450 Driving causing serious injury
• Death caused by a driver under the influence of alcohol – coded to 0132 Driving causing death
• Drink spiking – coded to 0491 Drug or poison a person
• Driving while under the influence of alcohol – coded to 1311 Drink-driving
• Regulatory offences related to use of kava – coded to 1239 Public health regulatory offences, nec
• Unlawful international import or export of alcohol – coded to 1711 Import and export offences

This group includes regulatory offences relating to the production, sale, purchase, transport, or consumption of tobacco, nicotine, and products used for smoking, vaping, or similar. 

Method of consumption includes use of cigarettes, herbal cigarettes, e-cigarettes, vapes, cigars, pipes, hookah, or e-hookah. Nicotine products include smokeless tobacco, such as chewing tobacco or snuff. It also includes smoking-cessation aids such as nicotine patches, lozenges, sprays, inhalers, or gums, if regulations apply to these products. 

• Produce, sell, or purchase tobacco, nicotine, or related products in contravention of licence conditions or without a licence
• Sell or supply tobacco, nicotine, or related products, to a minor or other person prohibited from these products
• Smoke or vape in a non-smoking area
• Unlawful cultivation of tobacco
• Unlawful production, sale, purchase, transport, possession, or use of e-cigarettes, herbal cigarettes, or related products 
• Other regulatory tobacco, nicotine, or related offences

• Unlawful international import or export of tobacco, nicotine, or related products – coded to 1711 Import and export offences

Hazardous substances offences involve the failure to protect the health and safety of the community through the unsafe use, handling, preparation, storage, labelling, transport, or disposal of poisonous or hazardous substances. This excludes pollution offences, misuse of explosives, and drug offences.

Hazardous substances may be poisonous, toxic, flammable, corrosive, radioactive, infectious, or otherwise hazardous to human health.

• Breach inhalant abuse regulations, such as unlawful sale of aerosol spray
• Breach regulation relating to the sale of hazardous substances
• Fail to label hazardous substance
• Mishandling or mismanagement of hazardous substances
• Mishandling of radioactive substances
• Regulatory offences relating to substances that can be used as inhalants, excluding pharmaceuticals
• Unsafe handling, preparation, storage, transport, or disposal of a hazardous substance
• Unsafe use of hazardous substance, other than explosives or drugs
• Other hazardous substances offences

• Cause environmental pollution through unsafe disposal of a hazardous substance – coded to the relevant groups in 161 Environmental pollution
• Environmental biosecurity offences – coded to 1691 Plant and animal quarantine offences
• Illicit drug offences – coded to the relevant groups in 09 Drug offences
• Mishandling or mismanagement of medications – coded to 1235 Pharmaceutical offences
• Unlawful use of regulated explosives (such as fireworks, firecrackers, or flares), where no further harm or damage occurs – coded to 1043 Misuse of regulated weapons or explosives

Pharmaceutical offences involve the failure to protect the safety of the community through the unsafe use, handling, preparation, storage, labelling, or disposal of drugs that may be legally purchased, other than alcohol or tobacco. 

This includes all pharmaceuticals, whether prescribed or available without a prescription. It excludes substances considered under legislation to be food or natural health products, such as dietary supplements, energy drinks, and traditional or herbal remedies that do not contain prohibited or controlled drugs. 

The legal status of different products may vary by jurisdiction.

• Fail to keep register for drugs of addiction
• Unsafe handling, labelling, preparation, storage, or disposal of pharmaceuticals
• Other pharmaceutical offences

• Offences relating to substances classified as food, such as dietary supplements – coded to 1239 Public health regulatory offences, nec
• Regulatory offences relating to alcohol – coded to 1232 Alcohol offences
• Regulatory offences relating to non-pharmaceutical substances that can be used as inhalants, such as petrol – coded to 1234 Hazardous substances offences
• Unlawful trafficking, dealing, purchase, sale, or use of prescription drugs – coded to the relevant groups within 09 Drug offences
• Use of forgery or deception to obtain prescription drugs – coded to 0819 Obtain benefit by deception, nec

Betting or gambling offences relate to the operation of illegal betting or gaming, or breaches of rules or regulations that apply to legal betting or gaming operations. 

• Breach betting or gaming regulations, such as those applying to casinos
• Illegal betting, gaming, gambling, or bookmaking operations
• Illegal operation of a casino
• Starting price (“SP”) bookmaking
• Other betting or gambling offences

• Handling funds from illegal gambling – coded to 0740 Receive or handle proceeds of crime
• Unlawfully harm or kill an animal in the racing industry – coded to 1630 Animal cruelty

This group includes other public health regulatory offences not elsewhere classified.

• Fail to erect construction warning signs for the public
• Fail to erect public safety barriers
• Fail to label packaged food or drinks adequately or correctly, excluding alcoholic drinks
• Fail to notify the public of intended blasting
• Regulatory offences related to use of kava
• Other public health regulatory offences not elsewhere classified

• Acts that cause immediate harm or danger to an individual person, such as throwing rocks at cars – coded to 0499 Harm or endanger persons, nec
• Biosecurity or animal quarantine regulatory offences – coded to 1691 Plant and animal quarantine offences
• Fire safety regulatory offences – coded to 1629 Other environmental management offences, nec
• Pollution offences – coded to the relevant groups within 161 Environmental pollution
• Unlawful use of fireworks, firecrackers, or flares – coded to 1043 Misuse of regulated weapons or explosives
• Use false claims to sell or encourage use of illegal or untested health remedies – coded to 0821 Fraudulent trade practices