Non-essential business activity and undertaking closure direction

QUEENSLAND UPDATE: Non-essential business, activity and undertaking Closure Direction (No. 4)

Non-essential business, activity and undertaking Closure Direction (No. 4) 1 April 2020

On 31 March 2020, the Chief Health Officer of QLD published the 4th iteration of the Non-essential business, activity and undertaking Closure Direction pursuant to her powers under s 362B of the Public Health Act 2005 (Qld).

The directive places a significant bar on the activities of persons and businesses alike. Heavy penalties apply to those persons who do not observe and conduct themselves in accordance with this Public Health Direction.

For the purposes of this Public Health Direction Non-essential business, activity, or undertaking means a business, activity, undertaking, premises or place listed in Column 1 unless the exception listed in Column 2 applies:

Business, activity, undertaking, premises or place Exceptions
Food and drink
Cafes, restaurants, fast-food outlets, food courts (together retail food services) o    Takeaway service and home delivery can remain   operational. All takeaway services must comply with the conditions provided   in paragraph 9 below.

– Retail food services at an airport that are   reasonably necessary for the normal business of the airport, with social   distancing observed.

–  Provision of food or drink by or on behalf of   an employer to employees or contractors that is reasonably necessary for the   employer’s normal operations, with social distancing observed.

o    Workplace canteens can provide takeaway, with   social distancing observed.

–  Provision of food or drink by a school, university, educational institution or childcare facility that is reasonably   necessary for the normal business of the facility, with social distancing   observed.

o    Provision of food or drink at a hospital, prison, military facility, disability facility, resources sector facility   including a canteen or mess hall or aged care facility that is reasonably   necessary for the normal business of the facility, with social distancing observed.

o    Services providing food or drink to the   homeless, with social distancing observed.

o    Hotel room service or similar services for   hotel guests.

Retail
Auction houses
Real estate auctions and open house inspections Private appointments for inspection.
Outdoor and indoor markets Food markets and farmers markets may continue to operate
Weapons, ammunition and propellants
Licensed armourers and licensed dealers as defined under the Weapons Act 1990

The holder of a licence as defined under the Explosives Act 1999 licenced to sell ammunition under the Explosives Regulation 2017.

These businesses are not permitted to sell or supply weapons, ammunition or propellant powders online or through the internet unless one of the exceptions in Column 2 applies.

For the purposes of this direction, ammunition means small arms ammunition for firearms

Example – cartridges used in firearms or propellant powders used for small arms ammunition.

A licensed armourer, licensed dealer or authority holder may store, manufacture, modify, repair, acquire or supply weapons or ammunition to, for or on behalf of:

o    Commonwealth, State or Territory military or   police organisations; or

o    the holder of a security licence (organisation) or a security licence (guard) issued under the Weapons Act 1990; or

o    international military, defence or security   organisations; or

o    the following persons who require or use a   weapon for occupational purposes relating to primary production, animal   welfare, nature conservation or pest management:

–  a   primary producer, as defined under subsection 995-1(1) of the Income Tax Assessment Act 1997 (Cth), able to produce a Queensland firearms licence bearing one or more of the   following condition codes – PPA, PP2, PP3, PP4, PP5, PP6, PPH; or

–  a   commercial pest controller or feral animal controller who is:

–  authorised   to undertake vertebrate pest (vermin) control on rural land; and

–  able   to produce a Queensland Firearms licence bearing one or more of the following   condition codes – FCA, FC2, FA3, FA4, FA5, FA6, FAH; or

–  the   holder of a lethal damage mitigation permit under the Nature Conservation Act 1992; or

–  a   veterinary surgeon, as defined under the Veterinary   Surgeons Act 1936 for animal welfare purposes; or

–  an   authorised biosecurity officer for animal welfare purposes; or

–  wildlife   rangers using weapons for activities including pest control and crocodile   management under exemption no. 71003924; or

–  a   shark control contractor authorised under the Queensland Fisheries Act 1994; or

–  a   person with a valid current macropod harvesting licence under the Nature Conservation Act 1992.

May continue to operate the part of the business that does not store, manufacture, modify, repair, acquire or supply weapons or ammunition.

Example – a business that sells weapons and fishing gear may continue to sell fishing gear.

Beauty and personal care services
Hairdressers and barber shops Can remain operational with no more than one person per 4 square metres, with social distancing observed to the extent possible.
Beauty therapy, tanning, waxing and nail salons, and tattoo parlours
Spas and massage parlours Health services provided by health practitioners registered under the Health Practitioner Regulation National Law, with social distancing observed to the extent possible.
Entertainment venues
Registered and licensed clubs, licensed premises in hotels Bottle shops and off license premises attached to venues may continue to operate, with social distancing observed.

Limited to 2 people for outdoor sporting-based activities, with social distancing observed.

Example – golf and tennis

Cinemas, nightclubs
Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public such as TAB agencies and retail outlets
Strip clubs, brothels and sex on premises venues
Concert venues, theatres, arenas, auditoriums, stadiums Live streaming of a performance by no more than 2 people is permissible, with social distancing observed.
Theme parks, amusement parks and amusement arcades
Play centres (indoor and outdoor)
Leisure and recreation
Community and recreation centres Facilities may remain open for the purpose of hosting essential voluntary or public services, such as food banks or homeless services, with social distancing observed.
Boot camps, personal training Limited to 2 people including the personal trainer, with social distancing observed.
Indoor sporting centres, including gyms, health clubs, fitness centres, yoga, barre and spin facilities, saunas, bathhouses and wellness centres
Social sporting-based activities Limited to 2 people, with social distancing observed.
Swimming pools including public pools and pools in shared facilities such as hotels and apartments A swimming pool located in a private residential dwelling for the use of the occupants of the dwelling such as a backyard pool.
Public playgrounds, skate parks, BMX tracks and outside gyms, including static exercise equipment in Council parks.
Public barbeques (such as barbeques in public spaces or shared facilities)
Residential facilities
Hostels, bed and breakfasts, backpackers and boarding houses May continue to operate for permanent residents, temporary residents and workers of the facility, with social distancing observed.

Example – a backpacker may be a temporary resident at a hostel

Limited to 2 people in common areas such as lounge rooms and shared facilities, with no more than one person per 4 square metres.

Limited to 2 people in outdoor areas, that is part of the facility, or near the facility, with social distancing observed.

Outdoor recreation
Caravan and camping parks Where people live permanently in caravan parks or are staying in caravan parks as interim abodes where their primary residence is not available, they may continue to do so, with social distancing observed. This includes the use of cabins within caravan parks.

May continue to operate for essential workers such as health practitioners or other persons providing essential services for example, emergency services or infrastructure projects, with social distancing observed.

Campgrounds
Zoos and wildlife centres For the purpose of maintenance and care for the animals.
Non-residential institutions
Galleries, museums, national and state institutions and historic sites
Libraries, community centres, and youth centres Community hubs in remote communities may continue to operate if they are essential for distributing health or medical information or education to the community, with social distancing observed.
Local government non-essential facilities and services (such as libraries and pools)
Community facilities (such as community halls, clubs, RSLs, PCYCs) Community hubs in remote communities may continue to operate if they are essential for distributing health or medical information or education to the community, with social distancing observed.

Community facilities may continue to operate if they provide formal out of school hours care, with social distancing observed.

Places of worship, weddings and funerals Weddings with a maximum attendance of 5 people being the celebrant, couple and two witnesses with no more than one person per 4 square metres.

Funerals attended by a maximum of 10 people with no more than one person per 4 square metres, except if an exemption is granted on compassionate grounds by the Chief Health Officer.

Takeaway food and drink
Additional requirements for the provision of takeaway are as follows:
• social distancing, including keeping 1.5 metres between people must be accommodated, implemented and monitored by employees or contractors of the retail food service provider;
• gathering for the purposes of ordering or collecting must not exceed one person per 4 square metres;
• the retail food service provider may only operate to the extent they are not promoting or facilitating persons consuming takeaway food or drink on or adjacent to their premises.
The suggested approach for food and drink establishments is to remove all the chairs and have a clear method for directing people through the establishment in a way that promotes proper spacing and avoids crowding in collection areas.

Penalties for failure

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.
Section 362D of the Public Health Act 2005 provides:
Failure to comply with public health directions
A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.

We are here to help

If you suspect that your business may be affected by this Public Health Directive, please speak with us to discuss how you may pivot your business in such a way that it can continue to operate while complying with the directions.

We can assist you with contacting the proper authorities, obtaining permits for business activity and licencing for compliance.

Stay up to date with the various changes to legislation and public directions by following Rostron Carlyle Rojas Lawyers on Linkedin or joining our mailing list.

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