Australian Capital Territory Repealed Acts

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This legislation has been repealed.

TUBERCULOSIS ACT 1950 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

def = definition

pres = present

dict = dictionary

prev = previous

disallowed = disallowed by the Legislative

(prev...) = previously

Assembly

pt = part

div = division

r = rule/subrule

exp = expires/expired

renum = renumbered

Gaz = gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Tuberculosis Ordinance 1950 No 6 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Tuberculosis Act 1950 No 6

notified 10 August 1950

commenced 10 August 1950

as amended by

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 (as am by Ord 1967 No 36)

notified 23 December 1966

commenced 23 December 1966

Ordinances Revision (Age of Majority) Ordinance 1974 No 47

notified 24 October 1974

commenced 1 November 1974

Ordinances Revision (Health Commission) Ordinance 1975 No 17

notified 1 July 1975

commenced 1 July 1975

Ordinances Revision Ordinance 1978 No 46

notified 28 December 1978

commenced 28 December 1978

Ordinances Revision (Penalties) Ordinance 1979 No 26

notified 31 August 1979

commenced 31 August 1979

Magistrates Court Ordinance 1985 No 67

notified 19 December 1985

commenced 1 February 1986 (Cwlth Gaz 1986 No G3)

Community and Health Service (Consequential Provisions) Ordinance 1988 No 29

notified 30 June 1988

commenced 2 July 1988

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Health Services (Consequential Provisions) Act 1990 No 63 sch 1

notified 28 December 1990 (Gaz 1990 No S102)

s 1, s 2 commenced 28 December 1990 (s 2 (1))

sch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)

Public Health (Miscellaneous Provisions) Act 1997 No 70 pt 6 and sch 1

notified 9 October 1997 (Gaz 1997 No S300)

ss 1-3 commenced 9 October 1997 (s 2 (1))

pt 6 never commenced and rep by 2000 No 36 s 13

sch 1 commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S185)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3

notified 10 November 1999 (Gaz 1999 No 45)

sch 3 commenced 10 November 1999 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 397

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 397 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 13

notified LR 19 March 2004

s 1, s 2 commenced 19 March 2004 (LA s 75 (1))

pt 13 commenced 27 May 2004 (s 2 and CN2004-9)

Health Professionals Legislation Amendment Act 2004 A2004-39 sch 5 pt 5.22

notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))

sch 5 pt 5.22 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)

Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.10

notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
sch 2 pt 2.10 awaiting commencement (s 2)

Note     default commencement under LA s 79: 14 December 2006

as repealed by

Health Legislation Amendment Act 2006 (No 2) A2006-46 s 4

notified LR 17 November 2006

s 1, s 2 commenced 17 November 2006 (LA s 75 (1))

s 4 commenced 18 November 2006 (s 2 (1))

4     Amendment history

Administration
s 2     om 1978 No 46

Definitions for Act
s 3     def chief health officer ins 1997 No 70 sch 1
    def Commissioner ins 1975 No 17 s 18
    om 1988 No 29 sch
    def Director-General om 1975 No 17 s 18
    def General Manager ins 1988 No 29 sch
    om 1990 No 63 sch 1
    def medical officer of health ins 1990 No 63 sch 1
    om 1997 No 70 sch 1
    def medical practitioner om A2004-39 amdt 5.31
    def Minister om 1978 No 46 sch 2
    def service ins 1988 No 29 sch
    om 1990 No 63 sch 1
    def the court sub 1985 No 67 sch
    am 1999 No 66 sch 3

Offences against Act—application of Criminal Code etc
s 3A     ins A2004-10 s 61

Doctors and authorised nurse practitioners—failure to notify
s 4     am 1975 No 17; 1988 No 29; 1990 No 63 sch 1; 1997 No 70 pt 6; 1998 No 54 sch
    sub A2004-10 s 62
    am A2006-27 amdt 2.15

Action by Director-General upon receipt of notice
s 5     am 1975 No 17
    om 1988 No 29

Declaration requiring examination of lungs
s 6     am 1974 No 47; 1998 No 54 sch
    sub 2001 No 44 amdt 1.4117

Compliance with declaration
s 6A     ins 2001 No 44 amdt 1.4117

Notice requiring individuals to undergo certain examinations
s 7     am 1974 No 47; 1975 No 17; 1988 No 29; 1990 No 63 sch 1; 1997 No 70 pt 6; 1998 No 54 sch

If person cannot attend examination
s 8     am 1975 No 17; 1988 No 29; 1990 No 63 sch 1; 1997 No 70 pt 6
    sub 2001 No 44 amdt 1.4118

Magistrate may order persons suffering from tuberculosis to be removed to institution etc
s 9     am 1974 No 47; 1975 No 17; 1988 No 29; 1990 No 63 sch 1; 1997 No 70 pt 6; 1998 No 54 sch

Appeal against orders of detention
s 10     am 1975 No 17; 1985 No 67; 1988 No 29; 1990 No 63 sch 1; 1997 No 70 pt 6 ; 1999 No 66 sch 3

Offences
s 11     am 1966 No 19 (as am 1967 No 36); 1979 No 26; 1998 No 54

Delegation
s 12     am 1975 No 17
    sub 1988 No 29
    am 1990 No 63 sch 1; 1997 No 70 pt 6

Regulation-making power
s 13     am 1966 No 19 (as am 1967 No 36); 1979 No 26; 1989 No 38; 1998 No 54 sch
    sub 2001 No 44 amdt 1.4119

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

Act 1990 No 63

31 May 1991

2

A2001-44

4 January 2002

3

A2004-10

27 May 2004

4

A2004-39

7 July 2005

6     Uncommenced amendments

The following amendments have not been included in this republication because they were uncommenced at the republication date:

    Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.10

[2.15]     Section 4 (5), definitions of nurse practitioner position and scope of practice

substitute

"nurse practitioner position"—see the Health Act 1993, section 195 (2).

"scope of practice"—see the Health Act 1993, section 195 (2).










© Australian Capital Territory 2006

1950-600.jpg
Australian Capital Territory

A1950-6

Republication No 5

Effective: 19 November 2006

Republication date: 19 November 2006

As repealed by A2006-46 s 4





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Tuberculosis Act 1950 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 19 November 2006.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

1950-600.jpg
Australian Capital Territory

Tuberculosis Act 1950 (repealed)


Endnotes

1950-600.jpg
Australian Capital Territory

Tuberculosis Act 1950 (repealed)




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