Superseded - Non-essential business, activity and undertaking Closure Direction (No.2)

This direction has been superseded by the Superseded - Restrictions on Businesses, Activities and Undertakings Direction

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)
Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 19 May 2020.

Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

1. This Public Health Direction replaces the Public Health Direction referred to as the Non-essential business, activity and undertaking Closure Direction made on 25 March 2020.
2. This Public Health Direction should be read in conjunction with, and in addition to, the Public Health Direction titled Mass Gatherings Direction (No 2) made on 21 March 2020. All business or undertakings that continue to operate must comply with the Mass Gatherings Directions (No 2).

Citation

3. This Public Health Direction may be referred to as the Non-essential business, activity and undertaking Closure Direction (No 2).

Revocation

4. The Non-essential business, activity and undertaking Closure Direction made on 25 March 2020 is revoked from the time of publication of this direction.

PART 1 – DIRECTION – NON-ESSENTIAL BUSINESS, ACTIVITY, OR UNDERTAKING

5. These directions apply from the time of publication until the end of the declared public health emergency, unless they are revoked or replaced.
6. A person who owns, controls or operates a non-essential business, activity, or undertaking in the State of Queensland, including operating at a private residence, must not operate the business, activity or undertaking during the period specified in paragraph 5, subject to the exceptions set out in Column 2 of the Definitions table at paragraph 7.

Definitions

For the purposes of this Public Health Direction:

7. A 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:

   Column 1 Business, activity, undertaking, premises or place	Column 2 Exceptions
   Food and drink
   Cafes, restaurants, fast-food outlets, food courts (together retail food services)	Takeaway service and home delivery can remain operational. All takeaway services must comply with the conditions provided in paragraph 8 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. 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. Provision of food or drink at a hospital, prison, military facility, disability facility or aged care facility that is reasonably necessary for the normal business of the facility, with social distancing observed. Services providing food or drink to the homeless, with social distancing observed. 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
   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. Golf clubs may continue to operate for outdoor sporting-based activities, with social distancing observed.
   Cinemas, nightclubs
   Casinos, gaming or gambling venues
   Strip clubs, brothels and sex on premises venues
   Concert venues, theatres, arenas, auditoriums, stadiums	Live streaming of a performance by a small group 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 groups of no more than 10 people for outdoor events, 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 groups of no more than 10 people for outdoor events, with social distancing observed.
   Swimming pools	A swimming pool located in a private dwelling for the use of the occupants of the dwelling.
   Residential facilities
   Hostels, bed and breakfasts, and boarding houses	May continue to operate for residents and workers.
   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.
   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.
   Places of worship, weddings and funerals	Weddings with a maximum attendance of no more than 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 no more than 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.

8. Additional requirements for the provision of takeaway are as follows:
   1. 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;
   2. gathering for the purposes of ordering or collecting must not exceed one person per 4 square metres;
   3. 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.
      
      Example: tables and chairs should be removed and all reasonable steps taken by the retail food service to direct persons away from gathering to consume takeaway food or drink on or adjacent to, the relevant premise.

PART 2 – PENALTIES

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.

Dr Jeannette Young
Chief Health Officer

26 March 2020

Published on the Queensland Health website 26 March 2020, 9.46pm