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Queensland
HEALTH LEGISLATION
AMENDMENT BILL 2001
Queensland
HEALTH LEGISLATION AMENDMENT
BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 2--AMENDMENT OF CHIROPRACTORS REGISTRATION
ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 18
5 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 19
6 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
7 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 20
8 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 20
9 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 3--AMENDMENT OF DENTAL PRACTITIONERS
REGISTRATION ACT 2001
10 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 21
12 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 21
13 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 23
15 Amendment of s 218 (Confidentiality of information) . . . . . . . . . . . . . . . . . 23
16 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2
Health Legislation Amendment Bill 2001
PART 4--AMENDMENT OF DENTAL TECHNICIANS AND
DENTAL PROSTHETISTS REGISTRATION ACT 2001
17 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 24
19 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 24
20 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 26
22 Amendment of s 200 (Confidentiality of information) . . . . . . . . . . . . . . . . . 26
23 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 5--AMENDMENT OF FOOD ACT 1981
24 Act amended in pt 5 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Insertion of new ss 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
2 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3 This Act not affected by Food Production (Safety) Act 2000 . . . . . . 27
27 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Replacement of s 5A (Application of Act to certain food) . . . . . . . . . . . . . . 30
5A Meaning of "food" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5B Meaning of "food standards code" . . . . . . . . . . . . . . . . . . . . . . . . . . 31
5C Meaning of "sell". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
5D Meaning of "unsafe" food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5E Meaning of "unsuitable" food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
29 Replacement of pt 2 (Offences in connection with the sale and
preparation of food). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 2--OFFENCES RELATING TO FOOD
Division 1--Serious offences relating to food
9 Handling of food in unsafe way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
10 Sale of unsafe food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
11 False description of food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
30 Insertion of new pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Other offences relating to food
12 Handling and sale of unsafe food . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Health Legislation Amendment Bill 2001
13 Handling and sale of unsuitable food . . . . . . . . . . . . . . . . . . . . . . . . 35
14 Misleading conduct relating to sale of food. . . . . . . . . . . . . . . . . . . . 35
15 Sale of unfit equipment or packaging or labelling material. . . . . . . . 36
16 Compliance with food standards code . . . . . . . . . . . . . . . . . . . . . . . . 36
17 False descriptions of food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
17A Application of provisions outside jurisdiction. . . . . . . . . . . . . . . . . . 38
31 Insertion of new pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Defences
17B Defence relating to publication of advertisements. . . . . . . . . . . . . . . 38
17C Defence relating to food for export . . . . . . . . . . . . . . . . . . . . . . . . . . 38
17D Defence of due diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
17E Disapplication of Criminal Code, ss 23 and 24 . . . . . . . . . . . . . . . . . 40
17F Defence relating to handling food . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
17G Defence relating to sale of unfit equipment or packaging or
labelling material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
32 Replacement of pt 3 (Labelling requirements) . . . . . . . . . . . . . . . . . . . . . . . 41
PART 3--EMERGENCY POWERS
18 Making of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
19 Nature of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
19A Special provisions relating to recall orders . . . . . . . . . . . . . . . . . . . . 42
19B Way of making orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
19C Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
19D Failure to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
33 Amendment of 26 (Duty of local government) . . . . . . . . . . . . . . . . . . . . . . . 44
34 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
29A When an article etc. must be analysed by an analyst. . . . . . . . . . . . . 45
35 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 5A--APPEALS
40A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
40B Starting an appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
40C Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
40D Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
40E Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Health Legislation Amendment Bill 2001
36 Insertion of new s 40F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
40F Labelling requirement about ingredient in food . . . . . . . . . . . . . . . . 46
37 Amendment of s 41 (Defence in respect of food for export) . . . . . . . . . . . . 47
38 Insertion of new s 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
45A Alternative verdicts for serious food offences . . . . . . . . . . . . . . . . . . 47
39 Amendment of s 50 (Liability for offence by employee) . . . . . . . . . . . . . . . 48
40 Amendment of s 57 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
41 Amendment of schedule (Subject matter for regulations). . . . . . . . . . . . . . . 48
42 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
SCHEDULE 2
CHANGES TO FOOD STANDARDS CODE
43 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
SCHEDULE 3
DICTIONARY
PART 6--AMENDMENT OF HEALTH ACT 1937
44 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
45 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
46 Amendment of s 18A (Chief executive to give notice of proceedings
to boards) ............................................... 51
47 Amendment of s 27A (Prohibition on use of term State analyst) . . . . . . . . . 51
48 Amendment of s 124A (Powers respecting articles capable of causing
bodily harm or discomfort to humans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
49 Omission of s 125 (Prohibition of white phosphorus in matches) . . . . . . . . 52
50 Omission of s 131 (Inorganic salts of hydrocyanic acid) . . . . . . . . . . . . . . . 52
51 Replacement of pt 4, div 10 hdg (Inspection, removal,
sampling, analysis) .................................... 52
52 Omission of ss 132--151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
53 Amendment of s 152 (Regulations about drugs, articles, substances,
appliances etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
54 Renumbering of ss 152 and 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
55 Insertion of new pt 4A, divs 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 4A--MONITORING, INVESTIGATION AND ENFORCEMENT
Division 1--Preliminary
134 Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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Health Legislation Amendment Bill 2001
135 Relationship of this part to pt 2, div 4 . . . . . . . . . . . . . . . . . . . . . . . . 53
136 Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 2--Inspectors
137 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
138 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 55
139 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
140 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 55
141 When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . . 56
142 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
143 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
56 Insertion of new pt 4A, div 3, sdivs 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3--Powers of inspectors
Subdivision 1--Entry of places
144 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Subdivision 2--Procedure for entry
145 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
146 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
147 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
148 Special warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
149 Warrant--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
150 Stopping motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Subdivision 3--Powers after entry
151 General powers after entering place . . . . . . . . . . . . . . . . . . . . . . . . . 62
152 Failure to help inspector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
153 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
57 Insertion of new pt 4A, div 3, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Subdivision 4--Power to seize evidence
153A Seizing evidence at a place that may be entered without
consent or warrant ................................. 64
153B Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
153C Securing seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
153D Tampering with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Health Legislation Amendment Bill 2001
153E Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
153F Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
153G Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
153H Forfeiture on conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
153I Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
153J Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
153K Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
58 Insertion of new pt 4A, div 3, sdiv 5 and div 4 . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 5--Power to obtain information
153L Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 69
153M Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
153N Power to require production of documents . . . . . . . . . . . . . . . . . . . . 70
153O Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
153P Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . . . 71
153Q Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 4--General enforcement matters
153R Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
153S Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
153T Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
153U False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
153V False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
153W Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
153X Impersonation of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
153Y Dealing with certain things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
59 Insertion of new pt 4A, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 5--Analysis of things
153Z Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
153ZA Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 77
153ZB When State analyst ceases to hold office. . . . . . . . . . . . . . . . . . . . . . 78
153ZC Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
153ZD Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
153ZE Certificate must indicate methodology used . . . . . . . . . . . . . . . . . . . 79
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Health Legislation Amendment Bill 2001
60 Insertion of new pt 4A, div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 6--Legal proceedings
Subdivision 1--Application
153ZF Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 2--Evidence
153ZG Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
153ZH Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
153ZI Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 3--Proceedings
153ZJ Summary proceedings for offences against a relevant provision
or this part ........................................ 81
153ZK Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . 82
153ZL Application for order for payment of costs under s 153ZK ... 82
153ZM Responsibility for acts or omissions of representatives . . . . . . . . . . 82
153ZN Executive officers must ensure corporation complies with
relevant provisions and this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
61 Insertion of new pt 4A, divs 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 7--Appeals
153ZO Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
153ZP Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
153ZQ Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
153ZR Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
153ZS Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 8--Miscellaneous
153ZT Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
62 Omission of s 154 (Proceedings by indictment and contracts not to
be affected) ............................................ 85
63 Insertion of new s 154O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
154O Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
64 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 8--TRANSITIONAL PROVISIONS FOR HEALTH
LEGISLATION AMENDMENT ACT 2001
184 Transitional provision for things done etc. before this
section commences ................................... 86
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Health Legislation Amendment Bill 2001
185 Transitional provisions about certain authorities . . . . . . . . . . . . . . . . 87
PART 7--AMENDMENT OF HEALTH PRACTITIONERS
(PROFESSIONAL STANDARDS) ACT 1999
65 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
66 Amendment of s 240 (Decision about whether ground for disciplinary
action established) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
67 Amendment of s 241 (Decision about disciplinary action
relating to registrant) ....................................... 88
68 Amendment of s 243 (Decision about disciplinary action relating to
former registrant). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
69 Replacement of s 288 (Power of health assessment committee about
registrant) ............................................. 89
288 Power of health assessment committee to require registrant to
undergo health assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
288A Appointment of external assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
70 Amendment of s 289 (Failure to comply with requirement of health
assessment committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
71 Insertion of new s 295A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
295A External assessor to prepare report about external assessment . . . . . 91
72 Amendment of s 296 (Health assessment committee to prepare report). . . . 92
73 Amendment of s 307 (Use of assessment report) . . . . . . . . . . . . . . . . . . . . . 92
74 Replacement of s 308 (Board must pay cost of health assessment) . . . . . . . 93
308 Board must pay cost of assessments . . . . . . . . . . . . . . . . . . . . . . . . . 93
75 Amendment of s 381 (Effect of suspension) . . . . . . . . . . . . . . . . . . . . . . . . . 93
76 Amendment of s 392 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
77 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 14--VALIDATION PROVISION
405 Validation of certain tribunal decisions . . . . . . . . . . . . . . . . . . . . . . . 93
78 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
PART 8--AMENDMENT OF MEDICAL PRACTITIONERS
REGISTRATION ACT 2001
79 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
80 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 94
81 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 95
82 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
9
Health Legislation Amendment Bill 2001
83 Amendment of s 72 (Procedural requirements for applications) . . . . . . . . . 96
84 Amendment of s 110 (Procedural requirements for applications) . . . . . . . . 96
85 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
143A Deemed specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
86 Replacement of pt 3, div 10, sdiv 5 hdg and insertion of new s 149A . . . . . 97
Subdivision 5--Changing or removing conditions
149A Changing conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
87 Amendment of s 150 (Removal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
88 Insertion of new s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
150A Amending or replacing certificate of special purpose registration . . 98
89 Amendment of s 176 (Protection for registrants providing information
about crimes to police officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
90 Amendment of s 257 (Confidentiality of information) . . . . . . . . . . . . . . . . . 99
91 Amendment of s 293 (Existing registrations) . . . . . . . . . . . . . . . . . . . . . . . . 100
92 Amendment of s 294 (Removal of conditions imposed under
repealed Act) .......................................... 100
93 Amendment of sch 1 (Decisions for which information notices must be
given) ................................................ 101
94 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 9--AMENDMENT OF MEDICAL RADIATION
TECHNOLOGISTS REGISTRATION ACT 2001
95 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
96 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 101
97 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 102
98 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
99 Amendment of s 74 (Procedural requirements for applications) . . . . . . . . . 103
100 Amendment of s 211 (Confidentiality of information) . . . . . . . . . . . . . . . . . 103
101 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
PART 10--AMENDMENT OF MENTAL HEALTH ACT 2000
102 Act amended in pt 10 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
103 Amendment of s 70 (Giving information about detention) . . . . . . . . . . . . . . 104
104 Amendment of s 118 (Duration of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
105 Amendment of s 129 (Authorising limited community treatment). . . . . . . . 105
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Health Legislation Amendment Bill 2001
106 Replacement of s 139 (Performance of electroconvulsive therapy with
consent or tribunal approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
107 Amendment of s 147 (Director may require reports about mechanical
restraint) ............................................... 106
108 Amendment of s 160 (Director may require reports about seclusions). . . . . 106
109 Amendment of s 169 (Notice of transfer) . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
110 Amendment of s 203 (Decisions on review) . . . . . . . . . . . . . . . . . . . . . . . . . 107
111 Amendment of s 204 (Restrictions on review decisions) . . . . . . . . . . . . . . . 107
112 Amendment of s 205 (Notice of decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 108
113 Amendment of s 211 (Notice of hearing for review) . . . . . . . . . . . . . . . . . . 108
114 Amendment of s 212 (Decision on review). . . . . . . . . . . . . . . . . . . . . . . . . . 108
115 Amendment of s 213 (Notice of decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 109
116 Amendment of s 220 (Patients to whom pt 5 applies) . . . . . . . . . . . . . . . . . 109
117 Amendment of s 223 (Restriction on making notification order) . . . . . . . . . 109
118 Amendment of s 226 (Notice of order or decision to refuse) . . . . . . . . . . . . 109
119 Insertion of new ch 6 pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
PART 5A--NON-CONTACT ORDERS
228A Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
228B Tribunal may make non-contact order . . . . . . . . . . . . . . . . . . . . . . . . 110
228C Restrictions on making non-contact order . . . . . . . . . . . . . . . . . . . . . 111
228D Non-contact order and reasons to be given to particular persons . . . 111
228E Executive officer to file non-contact order. . . . . . . . . . . . . . . . . . . . . 112
228F Variation and revocation of non-contact order. . . . . . . . . . . . . . . . . . 112
228G Offence to contravene requirement of non-contact order . . . . . . . . . 113
120 Amendment of s 232 (Notice of hearing of application). . . . . . . . . . . . . . . . 113
121 Amendment of s 234 (Notice of decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 114
122 Amendment of s 237 (Notice of application of part) . . . . . . . . . . . . . . . . . . 114
123 Insertion of new s 245A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
245A Notice if part no longer applies to forensic patient . . . . . . . . . . . . . . 115
124 Amendment of s 248 (Notice of decision to director). . . . . . . . . . . . . . . . . . 115
125 Amendment of s 252 (Notice of decision to discontinue proceedings) . . . . 115
126 Replacement of s 275 (Mental Health Court may approve limited
community treatment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
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Health Legislation Amendment Bill 2001
275 Mental Health Court may approve limited community treatment . . . 116
127 Amendment of s 284 (Submission and consideration of relevant
material by non-party) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
128 Amendment of s 286 (Notices of decisions and orders) . . . . . . . . . . . . . . . . 117
129 Amendment of s 289 (Mental Health Court may order, approve or
revoke limited community treatment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
130 Replacement of s 301 (Director to refer mental condition of particular
persons to tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
301 Director to refer mental condition of particular persons to tribunal . 118
131 Insertion of new ch 7, pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 8A--NON-CONTACT ORDERS
313A Application of pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
313B Mental Health Court may make non-contact order . . . . . . . . . . . . . . 118
313C Restrictions on making non-contact order . . . . . . . . . . . . . . . . . . . . . 119
313D Non-contact order and reasons to be given to particular persons . . . 120
313E Registrar to file non-contact order . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
313F Variation and revocation of non-contact order. . . . . . . . . . . . . . . . . . 120
313G Offence to contravene requirement of non-contact order . . . . . . . . . 121
132 Insertion of new ch 8, pt 1, div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 1AA--Preliminary
318A Definition of "patient" for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
133 Amendment of s 464 (Submission and consideration of relevant
material by non-party) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
134 Insertion of new s 505A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
505A Appointment of certain health practitioners . . . . . . . . . . . . . . . . . . . 122
135 Amendment of s 555 (Involuntary treatment orders must be made for
particular patients). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
136 Amendment of s 569 (Reviews by Patient Review Tribunal under ss 15
and 21 of repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
137 Replacement of s 572 (Reviews of mental condition of persons to decide
fitness for trial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
572 Reviews of mental condition of persons to decide fitness for trial . . 123
572A Continuing proceedings for persons found fit for trial on review . . . 124
138 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
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Health Legislation Amendment Bill 2001
PART 11--AMENDMENT OF OCCUPATIONAL THERAPISTS
REGISTRATION ACT 2001
139 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
140 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 126
141 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 126
142 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
143 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 128
144 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 128
145 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
PART 12--AMENDMENT OF OPTOMETRISTS REGISTRATION
ACT 2001
146 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
147 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 129
148 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 129
149 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
150 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 131
151 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 131
152 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
PART 13--AMENDMENT OF OSTEOPATHS REGISTRATION
ACT 2001
153 Act amended in pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
154 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 131
155 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 132
156 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
157 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 133
158 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 133
159 Amendment of s 218 (Existing registrations) . . . . . . . . . . . . . . . . . . . . . . . . 134
160 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
PART 14--AMENDMENT OF PHARMACISTS REGISTRATION
ACT 2001
161 Act amended in pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
162 Amendment of s 43 (Procedural requirements for applications) . . . . . . . . . 134
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Health Legislation Amendment Bill 2001
163 Amendment of s 46 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 135
164 Amendment of s 51 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
165 Amendment of s 74 (Procedural requirements for applications) . . . . . . . . . 136
166 Amendment of s 201 (Confidentiality of information) . . . . . . . . . . . . . . . . . 136
167 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
PART 15--AMENDMENT OF PHYSIOTHERAPISTS
REGISTRATION ACT 2001
168 Act amended in pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
169 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 137
170 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 137
171 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
172 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 139
173 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 139
174 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
PART 16--AMENDMENT OF PODIATRISTS REGISTRATION
ACT 2001
175 Act amended in pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
176 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 140
177 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 140
178 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
179 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 142
180 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 142
181 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 17--AMENDMENT OF PRIVATE HEALTH FACILITIES
ACT 1999
182 Act amended in pt 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
183 Amendment of s 13 (Suitability of persons) . . . . . . . . . . . . . . . . . . . . . . . . . 142
184 Amendment of s 80 (Grounds for suspension or cancellation) . . . . . . . . . . . 143
185 Amendment of s 81 (Show cause notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
186 Amendment of s 87 (Appointment and qualifications) . . . . . . . . . . . . . . . . . 143
187 Amendment of s 106 (Tampering with seized things). . . . . . . . . . . . . . . . . . 143
188 Amendment of s 125 (Compliance notices) . . . . . . . . . . . . . . . . . . . . . . . . . 144
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Health Legislation Amendment Bill 2001
189 Amendment of s 142 (Responsibility for acts or omissions
of representatives) ........................................ 144
190 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
143A Authority holder to notify chief executive of certain events . . . . . . . 144
PART 18--AMENDMENT OF PSYCHOLOGISTS
REGISTRATION ACT 2001
191 Act amended in pt 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
192 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 145
193 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 146
194 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
195 Amendment of s 76 (Procedural requirements for applications) . . . . . . . . . 147
196 Amendment of s 212 (Confidentiality of information) . . . . . . . . . . . . . . . . . 147
197 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
PART 19--AMENDMENT OF QUEENSLAND INSTITUTE OF
MEDICAL RESEARCH ACT 1945
198 Act amended in pt 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
199 Replacement of s 1 (Short title and construction) . . . . . . . . . . . . . . . . . . . . . 148
200 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
201 Replacement of s 5 (Membership of Council) . . . . . . . . . . . . . . . . . . . . . . . 149
5 Membership of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
202 Amendment of s 5A (Nominee Council members). . . . . . . . . . . . . . . . . . . . 149
203 Amendment of 7 (Quorum of Council). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
204 Amendment of s 8 (Meetings of Council). . . . . . . . . . . . . . . . . . . . . . . . . . . 150
205 Amendment of s 8C (Term of office of members of Trust). . . . . . . . . . . . . . 150
206 Amendment of s 8F (Meetings of Trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
207 Amendment of s 11A (Appointment of personnel for joint
research projects) ........................................ 151
208 Replacement of s 12 (Power of Council to secure assistance from
Government departments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
12 Council may obtain assistance from departments . . . . . . . . . . . . . . . 151
209 Amendment of s 13A (Budget) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
210 Amendment of s 14 (Gifts, devises and bequests) . . . . . . . . . . . . . . . . . . . . 151
211 Amendment of s 15 (Requirements in respect of property given, devised
or bequeathed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
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Health Legislation Amendment Bill 2001
212 Omission of s 17 (Entities to cooperate in medical science research) . . . . . 152
213 Amendment of s 21 (Governor in Council may make regulations) . . . . . . . 152
214 Insertion of new s 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
22 Transitional provision for Health Legislation Amendment Act 2001 153
PART 20--AMENDMENT OF SPEECH PATHOLOGISTS
REGISTRATION ACT 2001
215 Act amended in pt 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
216 Amendment of s 42 (Procedural requirements for applications) . . . . . . . . . 153
217 Amendment of s 45 (Fitness to practise the profession) . . . . . . . . . . . . . . . . 153
218 Amendment of s 47 (Appointment of appropriately qualified person to
conduct health assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
219 Amendment of s 70 (Procedural requirements for applications) . . . . . . . . . 155
220 Amendment of s 196 (Confidentiality of information) . . . . . . . . . . . . . . . . . 155
221 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
PART 21--AMENDMENT OF TRANSPLANTATION AND
ANATOMY ACT 1979
222 Act amended in pt 21 and sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
223 Insertion of new s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
2 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
224 Amendment of s 22 (Authority to remove tissue where body of
deceased in a hospital). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
225 Amendment of s 24 (Consent by coroner) . . . . . . . . . . . . . . . . . . . . . . . . . . 157
226 Amendment of s 25 (Effect of authority under this part) . . . . . . . . . . . . . . . 158
227 Amendment of s 26 (Authority for post-mortem where body of
deceased in hospital) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
228 Amendment of s 28 (Consent by coroner) . . . . . . . . . . . . . . . . . . . . . . . . . . 159
229 Amendment of s 29 (Effect of authority under this part) . . . . . . . . . . . . . . . 159
230 Amendment of s 31 (Authority for anatomy where body of
deceased in a hospital) ...................................... 160
231 Amendment of s 34 (Consent by coroner) . . . . . . . . . . . . . . . . . . . . . . . . . . 161
232 Amendment of s 35 (Effect of authority under this part) . . . . . . . . . . . . . . . 161
233 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
42A Person who owns a prescribed tissue bank may charge amount to
recover certain costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
234 Amendment of s 48 (Offences in relation to removal of tissue) . . . . . . . . . . 162
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Health Legislation Amendment Bill 2001
235 Insertion of new ss 49A to 49C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
49A Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
49B Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
49C Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
236 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
PART 10--TRANSITIONAL PROVISION FOR HEALTH
LEGISLATION AMENDMENT ACT 2001
53 Dealing with certain bodies and tissue from commencement
of this section ........................................ 164
PART 22--OTHER AMENDMENTS OF ACTS
237 Amendment of Acts in sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 165
AMENDMENT OF FOOD ACT 1981
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 172
AMENDMENT OF MENTAL HEALTH ACT 2000
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 176
AMENDMENT OF TRANSPLANTATION AND ANATOMY ACT
1979
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 178
AMENDMENT OF VARIOUS ACTS
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 178
NURSING ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
TOBACCO AND OTHER SMOKING PRODUCTS (PREVENTION OF
SUPPLY TO CHILDREN) ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
2001
A BILL
FOR
An Act to amend Acts administered by the Minister for Health
s1 18 s4
Health Legislation Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Health Legislation Amendment Act 2001. 4
2 Commencement
Clause 5
The following provisions commence on a day to be fixed by 6
proclamation-- 7
(a) parts 5, 6, 19 and 21; 8
(b) schedules 1 and 3; 9
(c) schedule 4 to the extent it amends the Tobacco and Other 10
Smoking Products (Prevention of Supply to Children) Act 1998. 11
PART 2--AMENDMENT OF CHIROPRACTORS 12
REGISTRATION ACT 2001 13
3 Act amended in pt 2
Clause 14
This part amends the Chiropractors Registration Act 2001. 15
4 Amendment of s 42 (Procedural requirements for applications)
Clause 16
(1) Section 42(2)-- 17
renumber as section 42(4). 18
(2) Section 42-- 19
insert-- 20
`(2) The approved form may require the disclosure of the applicant's 21
criminal history. 22
s5 19 s5
Health Legislation Amendment Bill 2001
`(3) If the approved form requires the disclosure of the applicant's 1
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 2
does not apply to the disclosure.'. 3
5 Amendment of s 45 (Fitness to practise the profession)
Clause 4
(1) Section 45(1)(c) to (e)-- 5
omit, insert-- 6
`(c) the applicant's criminal history;'. 7
(2) Section 45(1)(f) to (h)-- 8
renumber as section 45(1)(d) to (f). 9
(3) Section 45(2)-- 10
omit, insert-- 11
`(2) When having regard to the applicant's criminal history under 12
subsection (1)(c), the board must have particular regard to the following-- 13
(a) any conviction of the applicant for an indictable offence; 14
(b) any conviction of the applicant for an offence against the 15
repealed Act, this Act, the Health Practitioners (Professional 16
Standards) Act 1999 or a corresponding law; 17
(c) any conviction of the applicant for an offence, relating to the 18
practice of the profession-- 19
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 20
(ii) against another law applying, or that applied, in the State, 21
the Commonwealth, another State or a foreign country.'. 22
(4) Section 45(3), `(1)(g)'-- 23
omit, insert-- 24
`(1)(e)'. 25
(5) Section 45(4), `an'-- 26
omit, insert-- 27
`the'. 28
(6) Section 45(6)-- 29
omit, insert-- 30
s6 20 s9
Health Legislation Amendment Bill 2001
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 1
apply to the asking for, or giving of, the report.'. 2
6 Amendment of s 47 (Appointment of appropriately qualified
Clause 3
person to conduct health assessment) 4
(1) Section 47(4) and (5)-- 5
renumber as section 47(6) and (7). 6
(2) Section 47-- 7
insert-- 8
`(4) If the board considers it relevant to the assessment, it may disclose 9
the applicant's criminal history to a person appointed to conduct the 10
assessment. 11
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 12
apply to the disclosure.'. 13
7 Amendment of s 70 (Procedural requirements for applications)
Clause 14
Section 70(2), `must be made'-- 15
omit, insert-- 16
`may only be decided by the board if it is received'. 17
8 Amendment of s 196 (Confidentiality of information)
Clause 18
Section 196(6), definition "information", paragraph (b), `a request under 19
section 45(4)'-- 20
omit, insert-- 21
`this Act'. 22
9 Amendment of sch 4 (Dictionary)
Clause 23
Schedule 4-- 24
insert-- 25
` "criminal history", of a person, means all the following-- 26
s 10 21 s 12
Health Legislation Amendment Bill 2001
(a) every conviction of the person for an offence, in Queensland or 1
elsewhere, and whether before or after the commencement of this 2
Act; 3
(b) every charge made against the person for an offence, in 4
Queensland or elsewhere, and whether before or after the 5
commencement of this Act.'. 6
PART 3--AMENDMENT OF DENTAL PRACTITIONERS 7
REGISTRATION ACT 2001 8
10 Act amended in pt 3
Clause 9
This part amends the Dental Practitioners Registration Act 2001. 10
11 Amendment of s 42 (Procedural requirements for applications)
Clause 11
(1) Section 42(2)-- 12
renumber as section 42(4). 13
(2) Section 42-- 14
insert-- 15
`(2) The approved form may require the disclosure of the applicant's 16
criminal history. 17
`(3) If the approved form requires the disclosure of the applicant's 18
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 19
does not apply to the disclosure.'. 20
12 Amendment of s 45 (Fitness to practise the profession)
Clause 21
(1) Section 45(1)(c) to (e)-- 22
omit, insert-- 23
`(c) the applicant's criminal history;'. 24
(2) Section 45(1)(f) to (h)-- 25
renumber as section 45(1)(d) to (f). 26
s 13 22 s 13
Health Legislation Amendment Bill 2001
(3) Section 45(2)-- 1
omit, insert-- 2
`(2) When having regard to the applicant's criminal history under 3
subsection (1)(c), the board must have particular regard to the following-- 4
(a) any conviction of the applicant for an indictable offence; 5
(b) any conviction of the applicant for an offence against the 6
repealed Act, this Act, the Health Practitioners (Professional 7
Standards) Act 1999 or a corresponding law; 8
(c) any conviction of the applicant for an offence, relating to the 9
practice of the profession-- 10
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 11
(ii) against another law applying, or that applied, in the State, 12
the Commonwealth, another State or a foreign country.'. 13
(4) Section 45(3), `(1)(g)'-- 14
omit, insert-- 15
`(1)(e)'. 16
(5) Section 45(4), `an'-- 17
omit, insert-- 18
`the'. 19
(6) Section 45(6)-- 20
omit, insert-- 21
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 22
apply to the asking for, or giving of, the report.'. 23
13 Amendment of s 47 (Appointment of appropriately qualified
Clause 24
person to conduct health assessment) 25
(1) Section 47(4) and (5)-- 26
renumber as section 47(6) and (7). 27
(2) Section 47-- 28
insert-- 29
s 14 23 s 16
Health Legislation Amendment Bill 2001
`(4) If the board considers it relevant to the assessment, it may disclose 1
the applicant's criminal history to a person appointed to conduct the 2
assessment. 3
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 4
apply to the disclosure.'. 5
14 Amendment of s 70 (Procedural requirements for applications)
Clause 6
Section 70(2), `must be made'-- 7
omit, insert-- 8
`may only be decided by the board if it is received'. 9
15 Amendment of s 218 (Confidentiality of information)
Clause 10
Section 218(6), definition "information", paragraph (b), `a request under 11
section 45(4)'-- 12
omit, insert-- 13
`this Act'. 14
16 Amendment of sch 4 (Dictionary)
Clause 15
Schedule 4-- 16
insert-- 17
` "criminal history", of a person, means all the following-- 18
(a) every conviction of the person for an offence, in Queensland or 19
elsewhere, and whether before or after the commencement of this 20
Act; 21
(b) every charge made against the person for an offence, in 22
Queensland or elsewhere, and whether before or after the 23
commencement of this Act.'. 24
s 17 24 s 19
Health Legislation Amendment Bill 2001
PART 4--AMENDMENT OF DENTAL TECHNICIANS 1
AND DENTAL PROSTHETISTS REGISTRATION 2
ACT 2001 3
17 Act amended in pt 4
Clause 4
This part amends the Dental Technicians and Dental Prosthetists 5
Registration Act 2001. 6
18 Amendment of s 42 (Procedural requirements for applications)
Clause 7
(1) Section 42(2)-- 8
renumber as section 42(4). 9
(2) Section 42-- 10
insert-- 11
`(2) The approved form may require the disclosure of the applicant's 12
criminal history. 13
`(3) If the approved form requires the disclosure of the applicant's 14
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 15
does not apply to the disclosure.'. 16
19 Amendment of s 45 (Fitness to practise the profession)
Clause 17
(1) Section 45(1)(c) to (e)-- 18
omit, insert-- 19
`(c) the applicant's criminal history;'. 20
(2) Section 45(1)(f) to (h)-- 21
renumber as section 45(1)(d) to (f). 22
(3) Section 45(2)-- 23
omit, insert-- 24
`(2) When having regard to the applicant's criminal history under 25
subsection (1)(c), the board must have particular regard to the following-- 26
(a) any conviction of the applicant for an indictable offence; 27
s 20 25 s 20
Health Legislation Amendment Bill 2001
(b) any conviction of the applicant for an offence against the 1
repealed Act, this Act, the Health Practitioners (Professional 2
Standards) Act 1999 or a corresponding law; 3
(c) any conviction of the applicant for an offence, relating to the 4
practice of the profession-- 5
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 6
(ii) against another law applying, or that applied, in the State, 7
the Commonwealth, another State or a foreign country.'. 8
(4) Section 45(3), `(1)(g)'-- 9
omit, insert-- 10
`(1)(e)'. 11
(5) Section 45(4), `an'-- 12
omit, insert-- 13
`the'. 14
(6) Section 45(6)-- 15
omit, insert-- 16
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 17
apply to the asking for, or giving of, the report.'. 18
20 Amendment of s 47 (Appointment of appropriately qualified
Clause 19
person to conduct health assessment) 20
(1) Section 47(4) and (5)-- 21
renumber as section 47(6) and (7). 22
(2) Section 47-- 23
insert-- 24
`(4) If the board considers it relevant to the assessment, it may disclose 25
the applicant's criminal history to a person appointed to conduct the 26
assessment. 27
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 28
apply to the disclosure.'. 29
s 21 26 s 25
Health Legislation Amendment Bill 2001
21 Amendment of s 70 (Procedural requirements for applications)
Clause 1
Section 70(2), `must be made'-- 2
omit, insert-- 3
`may only be decided by the board if it is received'. 4
22 Amendment of s 200 (Confidentiality of information)
Clause 5
Section 200(6), definition "information", paragraph (b), `a request under 6
section 45(4)'-- 7
omit, insert-- 8
`this Act'. 9
23 Amendment of sch 4 (Dictionary)
Clause 10
Schedule 4-- 11
insert-- 12
` "criminal history", of a person, means all the following-- 13
(a) every conviction of the person for an offence, in Queensland or 14
elsewhere, and whether before or after the commencement of this 15
Act; 16
(b) every charge made against the person for an offence, in 17
Queensland or elsewhere, and whether before or after the 18
commencement of this Act.'. 19
PART 5--AMENDMENT OF FOOD ACT 1981 20
24 Act amended in pt 5 and sch 1
Clause 21
This part and schedule 1 amend the Food Act 1981. 22
25 Amendment of title
Clause 23
(1) Title, `preparation'-- 24
s 26 27 s 27
Health Legislation Amendment Bill 2001
omit, insert-- 1
`handling'. 2
(2) Title, `wholesomeness and purity'-- 3
omit, insert-- 4
`safety and suitability'. 5
26 Insertion of new ss 2 and 3
Clause 6
After section 1-- 7
insert-- 8
`2 Objects of Act 9
`The objects of this Act include the following-- 10
(a) ensuring food for sale is safe and suitable for human 11
consumption; 12
(b) preventing misleading conduct relating to the sale of food; 13
(c) applying the food standards code. 14
`3 This Act not affected by Food Production (Safety) Act 2000 15
`The Food Production (Safety) Act 2000 is additional to, and does not 16
limit, this Act.'. 17
27 Amendment of s 5 (Interpretation)
Clause 18
(1) Section 5, heading-- 19
omit, insert-- 20
`5 Definitions'. 21
(2) Section 5, `5. In this Act--'-- 22
omit, insert-- 23
`The dictionary in schedule 3 defines particular words used in this Act.'. 24
(3) Section 5, definitions "analysis", "animal", "appliance", "appropriate 25
designation", "drug", "food", "package", "prepare" and "sell"-- 26
omit. 27
s 27 28 s 27
Health Legislation Amendment Bill 2001
(4) Section 5-- 1
insert-- 2
` "analysis" includes an examination or testing of food or another thing. 3
"animal" includes an amphibian, bird, crustacean, fish, mollusc and 4
reptile. 5
"equipment" means the whole or part of-- 6
(a) any utensil, machinery, instrument, device, apparatus or 7
appliance used, or designed or intended for use, in connection 8
with the handling of food; or 9
(b) any substance, utensil, machinery, instrument, device, apparatus 10
or appliance that is used, or that is designed or intended for use, 11
in cleaning anything mentioned in paragraph (a). 12
"exercised all due diligence" includes took all reasonable precautions. 13
"food" see section 5A. 14
"food business" means a business, enterprise or activity that involves-- 15
(a) the handling of food intended for sale; or 16
(b) the sale of food; 17
regardless of whether the business, enterprise or activity concerned is 18
of a commercial, charitable or community nature and whether it 19
involves the handling or sale of food on one occasion only. 20
"food standards code" see section 5B. 21
"handling"-- 22
(a) of food, includes the making, manufacturing, producing, 23
collecting, extracting, processing, storing, transporting, 24
delivering, preparing, treating, preserving, packing, cooking, 25
thawing, serving and displaying of food; or 26
(b) of an article other than food, includes the manufacturing, 27
collecting, processing, storing, transporting, delivering, 28
preparing, treating, packing, and displaying of the article. 29
"package" includes a container and wrapper in or by which food intended 30
for sale is wholly or partly encased, covered, enclosed, contained or 31
packed and, if food is carried or sold or intended to be carried or sold 32
in more than one package, includes every one of the packages. 33
s 27 29 s 27
Health Legislation Amendment Bill 2001
"recall order" means an order under part 3 requiring the recall or disposal, 1
or both, of food. 2
"sell" see section 5C. 3
"this jurisdiction" means Queensland. 4
"unsafe" see section 5D. 5
"unsuitable" see section 5E. 6
(5) Section 5, definition "advertisement", `or disposal'-- 7
omit. 8
(6) Section 5, definition "article", paragraph (b), `an appliance'-- 9
omit, insert-- 10
`equipment'. 11
(7) Section 5, definition "article", paragraph (e), `conveyance'-- 12
omit, insert-- 13
`transporting'. 14
(8) Section 5, definition "food store", from `or preparation' to 15
`supplying'-- 16
omit, insert-- 17
`or handling'. 18
(9) Section 5, definition "food vehicle", from `or preparation' to 19
`conveying'-- 20
omit, insert-- 21
`or handling'. 22
(10) Section 5, definition "food vending machine", `or supplying'-- 23
omit. 24
(11) Section 5, definition "proprietor", paragraph (c), `an appliance'-- 25
omit, insert-- 26
`equipment'. 27
(12) Section 5, definition "proprietor", paragraph (c), `the appliance'-- 28
omit, insert-- 29
`the equipment'. 30
s 28 30 s 28
Health Legislation Amendment Bill 2001
(13) Section 5, definition "proprietor"-- 1
insert-- 2
`(d) in relation to a food business--means-- 3
(i) the person carrying on the food business; or 4
(ii) if that person can not be identified, the person in charge of 5
the food business.'. 6
(14) Section 5, definition "vehicle", `conveyance'-- 7
omit, insert-- 8
`transportation'. 9
(15) Section 5, definitions, as amended-- 10
relocate to schedule 3 as inserted by this Act. 11
28 Replacement of s 5A (Application of Act to certain food)
Clause 12
Section 5A-- 13
omit, insert-- 14
`5A Meaning of "food" 15
`(1) In this Act, "food" includes-- 16
(a) a substance or thing of a kind used, or represented as being for 17
use, for human consumption (whether it is raw, prepared or partly 18
prepared); and 19
(b) a substance or thing of a kind used, or represented as being for 20
use, as an ingredient or additive in a substance or thing 21
mentioned in paragraph (a); and 22
(c) a substance used in preparing a substance or thing mentioned in 23
paragraph (a) if it comes into direct contact with the substance or 24
thing mentioned in that paragraph, including, for example, a 25
processing aid; and 26
(d) chewing gum or an ingredient or additive in chewing gum, or a 27
substance used in preparing chewing gum; and 28
(e) a substance or thing declared to be a food under a declaration in 29
force under the Australia New Zealand Food Authority Act 1991 30
(Cwlth), section 3B; 31
s 28 31 s 28
Health Legislation Amendment Bill 2001
whether or not the substance, thing or chewing gum is in a condition fit for 1
human consumption. 2
`(2)However, "food" does not include a therapeutic good within the 3
meaning of the Therapeutic Goods Act 1989 (Cwlth). 4
`5B Meaning of "food standards code" 5
`(1) Subject to subsection (2), in this Act, "food standards code" means 6
the Australia New Zealand Food Standards Code as defined in the Australia 7
New Zealand Food Authority Act 1991 (Cwlth). 8
`(2) In applying the food standards code for this Act-- 9
(a) the code applies with the changes stated in schedule 2; and 10
(b) standard 3.2.1 and clause 4 of standard 3.2.2 of the code1 do not 11
apply; and 12
(c) clause 3 of standard 3.2.2 of the code2 does not apply until 1 July 13
2002. 14
`5C Meaning of "sell" 15
`(1) In this Act, "sell" includes-- 16
(a) barter, offer or attempt to sell; and 17
(b) receive for sale; and 18
(c) have in possession for sale; and 19
(d) display for sale; and 20
(e) cause or permit to be sold or offered for sale; and 21
(f) send, forward or deliver for sale; and 22
(g) dispose of in any way for valuable consideration; and 23
(h) dispose of to an agent for sale on consignment; and 24
(i) provide under a contract of service; and 25
1 Food standards code, standard 3.2.1 (Food Safety Programs) and standard 3.2.2
(Food Safety Practices and General Requirements), clause 4 (Notification)
2 Food standards code, standard 3.2.2 (Food Safety Practices and General
Requirements), clause 3 (Food handling-skills and knowledge)
s 28 32 s 28
Health Legislation Amendment Bill 2001
(j) in relation to food, supply the food as a meal or part of a meal to 1
an employee, under a term of an award governing the 2
employment of the employee or a term of the employee's 3
contract of service, for consumption by the employee at the 4
employee's place of work; and 5
(k) dispose of by way of raffle, lottery or other game of chance; and 6
(l) offer as a prize or reward; and 7
(m) give away for the purpose of advertisement or in furtherance of 8
trade or business; and 9
(n) in relation to food, supply the food under a contract (whether or 10
not the contract is made with the consumer of the food), together 11
with accommodation, service or entertainment, in consideration 12
of an inclusive charge for the food supplied and the 13
accommodation, service or entertainment; and 14
(o) in relation to food, give away, from a food business, the food to a 15
person; and 16
(p) sell for the purpose of resale. 17
`(2) For this Act, food or equipment that is displayed for the purpose of 18
being offered as a prize or reward or given away for the purpose of 19
advertisement or in the furtherance of trade or business is taken to have 20
been displayed for sale by the owner of the food or equipment. 21
`5D Meaning of "unsafe" food 22
`(1) For this Act, food is "unsafe" at a particular time if it would be 23
likely to cause physical harm to a person who might later consume it, 24
assuming-- 25
(a) it was, after that particular time and before being consumed by 26
the person, properly subjected to all processes (if any) that are 27
relevant to its reasonable intended use; and 28
(b) nothing happened to it after that particular time and before being 29
consumed by the person that would prevent its being used for its 30
reasonable intended use; and 31
(c) it was consumed by the person according to its reasonable 32
intended use. 33
`(2) However, food is not unsafe merely because its inherent nutritional 34
or chemical properties cause, or its inherent nature causes, adverse 35
s 28 33 s 28
Health Legislation Amendment Bill 2001
reactions only in persons with allergies or sensitivities that are not common 1
to the majority of persons. 2
`(3) In subsection (l)-- 3
"processes" include processes involving storage and preparation. 4
`5E Meaning of "unsuitable" food 5
`(1) For this Act, food is "unsuitable" if it is food that-- 6
(a) is damaged, deteriorated or perished to an extent that affects its 7
reasonable intended use; or 8
(b) contains a damaged, deteriorated or perished substance that 9
affects its reasonable intended use; or 10
(c) is the product of a diseased animal, or an animal that has died 11
other than by slaughter, and has not been declared under an Act 12
to be safe for human consumption; or 13
(d) contains a biological or chemical agent, or other matter or 14
substance, that is foreign to the nature of the food. 15
`(2) However, food is not unsuitable merely because-- 16
(a) it contains an agricultural or veterinary chemical in an amount 17
that does not contravene the food standards code; or 18
(b) it contains a metal or non-metal contaminant (within the meaning 19
of the food standards code) in an amount that does not 20
contravene the permitted level for the contaminant as specified in 21
the food standards code; or 22
(c) it contains a matter or substance that is permitted by the food 23
standards code. 24
`(3) In this section-- 25
"slaughter", of an animal, includes the killing of an animal in the process 26
of capturing, taking or harvesting it for the purposes of preparing it for 27
use as food.'. 28
s 29 34 s 29
Health Legislation Amendment Bill 2001
29 Replacement of pt 2 (Offences in connection with the sale and
Clause 1
preparation of food) 2
Part 2-- 3
omit, insert-- 4
`PART 2--OFFENCES RELATING TO FOOD 5
`Division 1--Serious offences relating to food 6
`9 Handling of food in unsafe way 7
`A person must not handle food intended for sale in a way that the person 8
knows, or reasonably ought to know, will make, or is likely to make, the 9
food unsafe. 10
Maximum penalty--1 350 penalty units or 2 years imprisonment. 11
`10 Sale of unsafe food 12
`A person must not sell food that the person knows, or reasonably ought 13
to know, is unsafe. 14
Maximum penalty--1 350 penalty units or 2 years imprisonment. 15
`11 False description of food 16
`(1) A person must not cause food intended for sale to be falsely 17
described if the person knows, or reasonably ought to know, that a 18
consumer of the food who relies on the description will, or is likely to, 19
suffer physical harm. 20
Maximum penalty--1 350 penalty units or 2 years imprisonment. 21
`(2) A person must not sell food that the person knows, or reasonably 22
ought to know, is falsely described and will, or is likely to, cause physical 23
harm to a consumer of the food who relies on the description. 24
Maximum penalty--1 350 penalty units or 2 years imprisonment.'. 25
s 30 35 s 30
Health Legislation Amendment Bill 2001
30 Insertion of new pt 2, div 2
Clause 1
After section 11, as inserted by this Act-- 2
insert-- 3
`Division 2--Other offences relating to food 4
`12 Handling and sale of unsafe food 5
`(1) A person must not handle food intended for sale in a way that will 6
make, or is likely to make, the food unsafe. 7
Maximum penalty--700 penalty units. 8
`(2) A person must not sell food that is unsafe. 9
Maximum penalty--700 penalty units. 10
`13 Handling and sale of unsuitable food 11
`(1) A person must not handle food intended for sale in a way that will 12
make, or is likely to make, the food unsuitable. 13
Maximum penalty--550 penalty units. 14
`(2) A person must not sell food that is unsuitable. 15
Maximum penalty--550 penalty units. 16
`(3) For the purposes of this section, it is immaterial whether the food 17
concerned is safe. 18
`14 Misleading conduct relating to sale of food 19
`(1) A person must not, in the course of carrying on a food business, 20
engage in conduct that is misleading or deceptive or is likely to mislead or 21
deceive in relation to the advertising, packaging or labelling of food 22
intended for sale or the sale of food. 23
Maximum penalty--700 penalty units. 24
`(2) A person must not, for the purpose of effecting or promoting the sale 25
of food in the course of carrying on a food business, cause the food to be 26
advertised, packaged or labelled in a way that falsely describes the food. 27
Maximum penalty--700 penalty units. 28
s 30 36 s 30
Health Legislation Amendment Bill 2001
`(3) A person must not, in the course of carrying on a food business, sell 1
food that is packaged or labelled in a way that falsely describes the food. 2
Maximum penalty--700 penalty units. 3
`(4) Neither subsection (2) nor (3) limits the generality of subsection (1). 4
`15 Sale of unfit equipment or packaging or labelling material 5
`(1) A person must not sell equipment that, if used for the purposes for 6
which it was designed or intended to be used-- 7
(a) would make or be likely to make food unsafe; or 8
(b) would put other equipment, or would be likely to put other 9
equipment, in a condition that, if the other equipment were used 10
for the purposes for which it was designed or intended to be used, 11
it would make, or be likely to make, food unsafe. 12
Maximum penalty--700 penalty units. 13
`(2) A person must not sell packaging or labelling material that, if used 14
for the purposes for which it was designed or intended to be used, would 15
make or be likely to make food unsafe. 16
Maximum penalty--700 penalty units. 17
`16 Compliance with food standards code 18
`(1) A person must comply with a requirement imposed on the person by 19
a provision of the food standards code in relation to the conduct of a food 20
business or to food intended for sale or food for sale. 21
Maximum penalty--700 penalty units. 22
`(2) A person must not sell food that does not comply with a requirement 23
of the food standards code that relates to the food. 24
Maximum penalty--700 penalty units. 25
`(3) A person must not sell or advertise food that is packaged or labelled 26
in a way that contravenes a provision of the food standards code. 27
Maximum penalty--700 penalty units. 28
`(4) A person must not sell or advertise for sale food in a way that 29
contravenes a provision of the food standards code. 30
Maximum penalty--700 penalty units. 31
s 30 37 s 30
Health Legislation Amendment Bill 2001
`(5) A person does not commit an offence against this section in relation 1
to a contravention of the food standards code, standard A1, clause (1A)3 if 2
the food concerned was packed, before or at the time of sale, in the 3
presence of the purchaser. 4
`17 False descriptions of food 5
`(1) For this part, food that is falsely described includes food to which 6
any 1 or more of the following paragraphs applies-- 7
(a) the food is represented as being of a particular nature or 8
substance for which there is a prescribed standard under the food 9
standards code and the food does not comply with that prescribed 10
standard; 11
(b) the food is represented as being of a particular nature or 12
substance and it contains, or is mixed or diluted with, any 13
substance in a quantity or proportion that significantly 14
diminishes its food value or nutritive properties as compared 15
with food of the represented nature or substance; 16
(c) the food is represented as being of a particular nature or 17
substance and it contains, or is mixed or diluted with, a substance 18
of lower commercial value than food of the represented nature or 19
substance; 20
(d) the food is represented as being of a particular nature or 21
substance and a constituent of the food has been wholly or partly 22
removed so that its properties are diminished as compared with 23
food of the represented nature or substance; 24
(e) a word, statement, device or design used in the packaging or 25
labelling of the food, or in an advertisement for the food, would 26
create a false impression about the nature or substance of the 27
food, or the commercial value of the food, in the mind of a 28
reasonable person; 29
(f) the food is not of the nature or substance represented by the 30
way in which it is packaged, labelled or offered for sale. 31
`(2) Without limiting the application of subsection (1) of this section to 32
section 11(2), food is falsely described for the purposes of section 11(2) if 33
it is supplied in response to a purchaser's request for a particular type of 34
3 Food standards code, standard A1 (Labelling and Advertising)
s 31 38 s 31
Health Legislation Amendment Bill 2001
food or a food that does not contain a particular ingredient, and the food is 1
not of that type or contains that ingredient. 2
`17A Application of provisions outside jurisdiction 3
`For this part, it does not matter that the food concerned was sold or 4
intended for sale outside this jurisdiction.'. 5
31 Insertion of new pt 2, div 3
Clause 6
After section 17A, as inserted by this Act-- 7
insert-- 8
`Division 3--Defences 9
`17B Defence relating to publication of advertisements 10
`(1) In proceedings for an offence under this part in relation to the 11
publication of an advertisement, it is a defence for a person to prove that-- 12
(a) the person carried on the business of publishing or arranging for 13
the publication of advertisements; and 14
(b) the person published or arranged for the publication of the 15
advertisement concerned in the ordinary course of that business. 16
`(2) Subsection (1) does not apply if the person-- 17
(a) should reasonably have known that the publication of the 18
advertisement was an offence; or 19
(b) is the proprietor of a food business or is otherwise engaged in the 20
conduct of a food business for which the advertisement was 21
published; or 22
(c) had previously been informed in writing by the chief executive 23
that publication of an advertisement of that type would constitute 24
an offence. 25
`17C Defence relating to food for export 26
`(1) In proceedings for an offence under this part involving a 27
contravention of a provision of the food standards code in relation to food, 28
it is a defence for a person to prove that-- 29
s 31 39 s 31
Health Legislation Amendment Bill 2001
(a) the food concerned is to be exported to another country; and 1
(b) the food complies with the laws in force at the time of the alleged 2
offence in the place to which the food is to be exported being 3
laws that deal with the same subject-matter as the provision of 4
the food standards code concerned. 5
`(2) This section does not apply to food that was originally intended for 6
export but was sold in this jurisdiction. 7
`17D Defence of due diligence 8
`(1) In proceedings for an offence under this part, it is a defence for a 9
person to prove that the person exercised all due diligence to prevent the 10
commission of the offence by the person or by another person under the 11
person's control. 12
`(2) Without limiting the ways in which a person may satisfy the 13
requirements of subsection (1), a person satisfies those requirements if it is 14
proved-- 15
(a) that the commission of the offence was due to-- 16
(i) an act or default of another person; or 17
(ii) reliance on information supplied by another person; and 18
(b) that-- 19
(i) the person carried out all checks of the food concerned as 20
were reasonable in all the circumstances; or 21
(ii) it was reasonable in all the circumstances to rely on 22
checks carried out by the person who supplied the food 23
concerned to the person; and 24
(c) that the person did not import the food into this jurisdiction from 25
another country; and 26
(d) if the offence involves the sale of food, that-- 27
(i) the person sold the food in the same condition as when the 28
person purchased it; or 29
(ii) the person sold the food in a different condition to that in 30
which the person purchased it, but that the difference did 31
not result in a contravention of this Act. 32
s 31 40 s 31
Health Legislation Amendment Bill 2001
`(3) Without limiting the ways in which a person may satisfy the 1
requirements of subsection (1) or (2)(b)(i), a person may satisfy those 2
requirements by proving that the person complied with a scheme (for 3
example, a quality assurance program or an industry code of practice) that 4
was-- 5
(a) designed to manage food safety hazards and based on Australian 6
national or international standards, codes or guidelines designed 7
for that purpose; and 8
(b) documented in some way. 9
`(4) In subsection (2)(a)-- 10
"another person" does not include a person who was-- 11
(a) an employee or agent of the defendant; or 12
(b) in the case of a defendant that is a body corporate, a director, 13
employee or agent of the defendant. 14
`17E Disapplication of Criminal Code, ss 23 and 24 15
`(1) The Criminal Code, section 23, does not apply to an offence under 16
this part. 17
`(2) The Criminal Code, section 24, does not apply to an offence under 18
division 2.4 19
`17F Defence relating to handling food 20
`In proceedings for an offence under section 9, 12(1) or 13(1),5 it is a 21
defence for a person to prove that the person caused the food to which the 22
offence relates to be destroyed or otherwise disposed of immediately after 23
the food was handled in the way that was likely to make it unsafe or 24
unsuitable. 25
4 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
5 Sections 9 (Handling of food in unsafe way), 12 (Handling and sale of unsafe food)
and 13 (Handling and sale of unsuitable food)
s 32 41 s 32
Health Legislation Amendment Bill 2001
`17G Defence relating to sale of unfit equipment or packaging or 1
labelling material 2
`In proceedings for an offence under section 15(1) or (2),6 it is a defence 3
for a person to prove that the person reasonably believed that the 4
equipment or material concerned was not intended for use in connection 5
with the handling of food.'. 6
32 Replacement of pt 3 (Labelling requirements)
Clause 7
Part 3-- 8
omit, insert-- 9
`PART 3--EMERGENCY POWERS 10
`18 Making of order 11
`The chief executive may make an order under this part if the chief 12
executive has reasonable grounds to believe that the making of the order is 13
necessary to prevent or reduce the possibility of a serious danger to public 14
health or to mitigate the adverse consequences of a serious danger to public 15
health. 16
`19 Nature of order 17
`(1) An order under this part may do any 1 or more of the following-- 18
(a) require the publication of warnings, in a form approved by the 19
chief executive, that a particular food or type of food is unsafe; 20
(b) prohibit the cultivation, taking, harvesting or obtaining, from a 21
specified area, of a particular food or type of food or other 22
primary produce intended to be used for human consumption; 23
(c) prohibit a particular food or type of food from being advertised 24
or sold; 25
(d) direct that a particular food or type of food consigned or 26
distributed for sale or sold be recalled and specify the way in 27
which, and the period within which, the recall must be 28
conducted; 29
6 Section 15 (Sale of unfit equipment or packaging or labelling material)
s 32 42 s 32
Health Legislation Amendment Bill 2001
(e) direct that a particular food or type of food or other primary 1
produce intended to be used for human consumption be 2
impounded, isolated, destroyed or otherwise disposed of and 3
specify the way in which the impounding, isolation, destruction 4
or disposal must be conducted; 5
(f) prohibit absolutely the carrying on of an activity in relation to a 6
particular food or type of food, or permit the carrying on of the 7
activity only under conditions specified in the order; 8
(g) without limiting paragraph (f), impose conditions relating to the 9
taking and analysis of samples of the food or of water or soil or 10
another thing that is part of the environment in which that 11
activity is carried on in relation to the food; 12
(h) specify methods of analysis (not inconsistent with any methods 13
prescribed by the food standards code) of any samples required 14
to be taken under the order. 15
`(2) An order under this part may be varied or revoked by the chief 16
executive in the same way as the order was made. 17
`19A Special provisions relating to recall orders 18
`(1) A recall order may require the person, or the persons of a class, that 19
is bound by the order to disclose to the public or to a class of persons 20
specified in the order, in a way so specified, any one or more of the 21
following-- 22
(a) the particular food or type of food to be recalled or disposed of; 23
(b) the reasons why the food is considered to be unsafe; 24
(c) the circumstances in which consumption of the food is unsafe; 25
(d) procedures for disposing of the food. 26
`(2) A person who is required by a recall order to conduct a recall of food 27
must give written notice to the chief executive of the completion of the 28
recall as soon as practicable after the completion. 29
`(3) A person who is bound by a recall order is liable for any cost 30
incurred by or on behalf of the chief executive in connection with the recall 31
order and that cost is taken to be a debt due to the chief executive from the 32
person. 33
s 32 43 s 32
Health Legislation Amendment Bill 2001
`(4) In proceedings for the recovery of the debt, a certificate signed by 1
the chief executive stating the amount of any costs and the way in which 2
they were incurred is evidence of the matters certified. 3
`19B Way of making orders 4
`(1) An order under this part-- 5
(a) must be made in writing addressed to the person or persons 6
intended to be bound by it, and served on that person or each of 7
those persons, as the case requires; or 8
(b) must be addressed to several persons, to a class of persons, or to 9
all persons. 10
`(2) Notice of an order addressed as mentioned in subsection (1)(b) 11
setting out the order and the persons to be bound by the order must, as soon 12
as practicable after the order is made, be published in a newspaper that, in 13
the opinion of the chief executive, will be most likely to bring the order to 14
the attention of the persons to be bound by it. 15
`(3) An order under this part, when it takes effect, is binding on the 16
person or persons to whom it is addressed. 17
`(4) An order that is served on a person takes effect when it is served. 18
`(5) An order, notice of which is published under subsection (2), takes 19
effect at the beginning of the first day on which the notice was published. 20
`(6) An order ceases to have effect at the expiration of 90 days after the 21
day on which it takes effect unless it is sooner revoked. 22
`(7) Subsection (6) does not prevent a further order being made in the 23
same terms as an order that has ceased to have effect. 24
`19C Compensation 25
`(1) A person bound by an order under this part who suffers loss because 26
of the making of the order may apply to the chief executive for 27
compensation if the person considers that there were insufficient grounds 28
for the making of the order. 29
`(2) If there were insufficient grounds for the making of the order, the 30
chief executive must pay the compensation to the applicant that is just and 31
reasonable. 32
s 33 44 s 33
Health Legislation Amendment Bill 2001
`(3) The chief executive must give written notice about his or her 1
decision about the payment of compensation under this section to each 2
applicant for the payment of the compensation. 3
`(4) If the chief executive has not decided an application for 4
compensation under this section within 28 days of receiving the 5
application, the chief executive is taken to have decided to refuse to pay 6
any compensation. 7
`(5) If the chief executive refuses an application for compensation or 8
decides an amount of compensation less than that sought by the applicant, 9
the notice must also state the following-- 10
(a) the reasons for the decision; 11
(b) that the applicant may appeal against the decision within 12
28 days; 13
(c) how the applicant may appeal against the decision. 14
`19D Failure to comply with order 15
`A person must not, without reasonable excuse-- 16
(a) carry on an activity in contravention of a prohibition imposed on 17
the person by an order under this part; or 18
(b) neglect or refuse to comply with a direction given by an order 19
under this part; or 20
(c) contravene a condition specified in an order under this part. 21
Maximum penalty--700 penalty units.'. 22
33 Amendment of 26 (Duty of local government)
Clause 23
Section 26(1), `part 4'-- 24
omit, insert-- 25
`section 16(1), in so far as the subsection relates to standards 3.1.1, 3.2.2 26
and 3.2.3 of the food standards code,7 and of part 4'. 27
7 Food standards code, standards 3.1.1 (Interpretation and Application), 3.2.2 (Food
Safety Practices and General Requirements) and 3.2.3 (Food Premises and
Equipment)
s 34 45 s 35
Health Legislation Amendment Bill 2001
34 Insertion of new s 29A
Clause 1
After section 29-- 2
insert-- 3
`29A When an article etc. must be analysed by an analyst 4
`If an authorised officer wishes to have an article, other thing or sample 5
taken under section 28(1)(a)(iii) or (viii) analysed, the officer must have it 6
analysed by an analyst.'. 7
35 Insertion of new pt 5A
Clause 8
After section 40-- 9
insert-- 10
`PART 5A--APPEALS 11
`40A Who may appeal 12
`An applicant for the payment of compensation under section 19C who is 13
dissatisfied with the chief executive's decision to refuse to pay 14
compensation or about the amount of compensation may appeal against the 15
decision. 16
`40B Starting an appeal 17
`(1) An appeal may be started at-- 18
(a) the Magistrates Court nearest the place where the person lives or 19
carries on business; or 20
(b) a Magistrates Court at Brisbane. 21
`(2) The notice of appeal under the Uniform Civil Procedure Rules 1999 22
must be filed with the registrar of the court within 28 days after-- 23
(a) if the person is given notice of the decision under 24
section 19C(5)--the day the person is given the notice; or 25
(b) if paragraph (a) does not apply--the day the person otherwise 26
becomes aware of the decision. 27
`(3) The court may, at any time, extend the time for filing the notice of 28
appeal. 29
s 36 46 s 36
Health Legislation Amendment Bill 2001
`40C Hearing procedures 1
`(1) In hearing the appeal, the court is not bound by the rules of evidence 2
and must comply with natural justice. 3
`(2) The appeal is by way of rehearing, unaffected by the chief 4
executive's decision, on the material before the chief executive and any 5
further evidence allowed by the court. 6
`40D Powers of court on appeal 7
`(1) In deciding the appeal, the court may confirm the chief executive's 8
decision or substitute another decision for the chief executive's decision. 9
`(2) The chief executive must give effect to the court's decision. 10
`40E Appeal to District Court 11
`An appeal lies to the District Court from a decision of a Magistrates 12
Court under section 40D, but only on a question of law.'. 13
36 Insertion of new s 40F
Clause 14
Part 6, before section 41-- 15
insert-- 16
`40F Labelling requirement about ingredient in food 17
`(1) A label on a large package of food must not contain a statement 18
relating to a particular ingredient present in the food in the package unless 19
the label also contains a statement of the proportion by weight in which the 20
ingredient is present. 21
`(2) A person must not sell food that is labelled contrary to 22
subsection (1). 23
`Maximum penalty--40 penalty units. 24
`(3) In this section-- 25
"large package" means a package with a surface area of at least 100 cm2.'. 26
s 37 47 s 38
Health Legislation Amendment Bill 2001
37 Amendment of s 41 (Defence in respect of food for export)
Clause 1
(1) Section 41, heading-- 2
omit, insert-- 3
`41 Defence for s 40F relating to food for export'. 4
(2) Section 41, from `defined' to `section 19'-- 5
omit, insert-- 6
`against section 40F'. 7
(3) Section 41(b), `sale, preparation, packing and'-- 8
omit. 9
38 Insertion of new s 45A
Clause 10
After section 45-- 11
insert-- 12
`45A Alternative verdicts for serious food offences 13
`(1) If, on the trial of a person charged with an offence against section 9,
8
14
the trier of fact is not satisfied that the person committed the offence but is 15
satisfied that the person committed an offence against section 12(1),9 the 16
trier of fact may find the person not guilty of the offence charged but guilty 17
of an offence against section 12(1), and the person is liable to punishment 18
accordingly. 19
`(2) If, on the trial of a person charged with an offence against 20
section 10,10 the trier of fact is not satisfied that the person committed the 21
offence but is satisfied that the person committed an offence against 22
section 12(2), the trier of fact may find the person not guilty of the offence 23
charged but guilty of an offence against section 12(2), and the person is 24
liable to punishment accordingly.'. 25
8 Section 9 (Handling of food in unsafe way)
9 Section 12 (Handling and sale of unsafe food)
10 Section 10 (Sale of unsafe food)
s 39 48 s 42
Health Legislation Amendment Bill 2001
39 Amendment of s 50 (Liability for offence by employee)
Clause 1
(1) Section 50(2)-- 2
omit, insert-- 3
`(2) However, it is a defence in a proceeding against the employer for the 4
offence if it is proved the employer exercised all due diligence to prevent 5
the commission of the offence by the employee.'. 6
(2) Section 50(4), `subsection (2)'-- 7
omit, insert-- 8
`subsection (3)'. 9
40 Amendment of s 57 (Regulations)
Clause 10
Section 57-- 11
insert-- 12
`(5) This section does not authorise the making of a regulation that is 13
inconsistent with the food standards code as applying for this Act.'. 14
41 Amendment of schedule (Subject matter for regulations)
Clause 15
Schedule, `SCHEDULE'-- 16
omit, insert-- 17
`SCHEDULE 1'. 18
42 Insertion of new sch 2
Clause 19
After schedule 1, as renumbered-- 20
insert-- 21
s 42 49 s 42
Health Legislation Amendment Bill 2001
`SCHEDULE 2 1
`CHANGES TO FOOD STANDARDS CODE 2
section 5B(2)(a) 3
1. The editorial notes in the code do not apply.
2. The definition `appropriate enforcement agency' in clause 1 of
standard 3.1.1 is replaced with the following definition--
`appropriate enforcement agency means--
(a) in relation to a food business--the local government in
whose area the food premises of the business are situated; or
(b) in relation to food premises--the local government in
whose area the premises are situated.'.
3. In the definition `food premises' in clause 1 of standard 3.1.1, the
words `, pontoons and any other place declared by the relevant
authority to be premises under the Food Act' are replaced with the
words `and pontoons'.
4. The definition `sell' in clause 1 of standard 3.1.1 is replaced with the
following definition--
`sell has the same meaning as it has in the Act.'.
5. The following definitions are included in clause 1 of standard 3.1.1--
`relevant authority means the chief executive of the Queensland
department of government in which the Act is administered.
`local government means a local government as defined in section 36
of the Acts Interpretation Act 1954 of Queensland.'.
6. The definition `primary food production' in clause 1 of
standard 3.1.1 is replaced with the following definition--
`primary food production means production of primary produce
within the meaning of section 11 of the Food Production (Safety)
Act 2000 of Queensland.'.
7. In clause 2(4)(c) of standard 3.1.1, the words `another Act' are
replaced with the words `an Act'.'.
s 43 50 s 45
Health Legislation Amendment Bill 2001
43 Insertion of new sch 3
Clause 1
After schedule 2, as inserted by this Act-- 2
insert-- 3
`SCHEDULE 3 4
`DICTIONARY 5
section 5'. 6
PART 6--AMENDMENT OF HEALTH ACT 1937 7
44 Act amended in pt 6
Clause 8
This part amends the Health Act 1937. 9
45 Amendment of s 5 (Interpretation)
Clause 10
(1) Section 5(1), definitions "analyst" and "inspector"-- 11
omit. 12
(2) Section 5(1)-- 13
insert-- 14
` "analyse", for part 4A, see section 136. 15
"analyst", other than for a relevant provision or part 4A, means a person 16
appointed under section 27 as a State analyst or a person holding 17
accreditation of a kind prescribed under a regulation. 18
"document certification requirement", for part 4A, see section 136. 19
"document production requirement", for part 4A, see section 136. 20
"endorsement", for part 4A, see section 136. 21
"executive officer", for part 4A, see section 136. 22
"health service employee", for part 4A, see section 136. 23
s 46 51 s 47
Health Legislation Amendment Bill 2001
"inspector"-- 1
(a) for a relevant provision or part 4A--means an inspector 2
appointed under section 137; or 3
(b) otherwise--means an inspector appointed under section 22(1) or 4
27(1) and includes a chief inspector, a medical or engineering 5
inspector, an assistant inspector and an environmental health 6
officer. 7
"offence against a relevant provision", for part 4A, see section 136. 8
"personal particulars requirement", for part 4A, see section 136. 9
"relevant provisions" see section 134. 10
"State analyst", for a relevant provision or part 4A, means a State analyst 11
appointed under section 153Z(1). 12
"thing", for part 4A, see section 136.'. 13
46 Amendment of s 18A (Chief executive to give notice of
Clause 14
proceedings to boards) 15
(1) Section 18A(1)(a), `or a nurse'-- 16
omit, insert-- 17
`, nurse or veterinary surgeon'. 18
(2) Section 18A(1)(c)-- 19
omit. 20
47 Amendment of s 27A (Prohibition on use of term State analyst)
Clause 21
Section 27A, all words after paragraph (b)(ii)-- 22
omit, insert-- 23
`unless the person is appointed as an analyst under section 27(1), or as a 24
State analyst under section 153Z(1) or another law of the State.'. 25
s 48 52 s 53
Health Legislation Amendment Bill 2001
48 Amendment of s 124A (Powers respecting articles capable of
Clause 1
causing bodily harm or discomfort to humans) 2
Section 124A(1), `section 132'-- 3
omit, insert-- 4
`part 4A'. 5
49 Omission of s 125 (Prohibition of white phosphorus in matches)
Clause 6
Section 125-- 7
omit. 8
50 Omission of s 131 (Inorganic salts of hydrocyanic acid)
Clause 9
Sections 131-- 10
omit. 11
51 Replacement of pt 4, div 10 hdg (Inspection, removal,
Clause 12
sampling, analysis) 13
Part 4, division 10, heading-- 14
omit, insert-- 15
`Division 10--Miscellaneous'. 16
52 Omission of ss 132--151
Clause 17
Sections 132 to 151-- 18
omit. 19
53 Amendment of s 152 (Regulations about drugs, articles,
Clause 20
substances, appliances etc.) 21
(1) Section 152(k), (y) and (z)-- 22
omit. 23
(2) Section 152(zi) and heading above the paragraph-- 24
omit. 25
s 54 53 s 55
Health Legislation Amendment Bill 2001
54 Renumbering of ss 152 and 153
Clause 1
Sections 152 and 153-- 2
renumber as sections 132 and 133. 3
55 Insertion of new pt 4A, divs 12
Clause 4
After section 133 (as renumbered)-- 5
insert-- 6
`PART 4A--MONITORING, INVESTIGATION AND 7
ENFORCEMENT 8
`Division 1--Preliminary 9
`134 Application of pt 4A 10
`This part applies for the purposes of the following (the "relevant 11
provisions")-- 12
(a) part 4, divisions 1, 2, 3, 6 and 10;11 13
(b) a regulation made under part 4, division 1, 2, 3, 6 or 10. 14
`135 Relationship of this part to pt 2, div 4 15
`Part 2, division 4 does not limit this part.
12
16
`136 Definitions for pt 4A 17
`In this part-- 18
"analyse" includes measure and test. 19
11 Part 4 (Drugs and other articles), divisions 1 (Preliminary), 2 (Drugs etc.), 3
(Cooking utensils, toys, wearing apparel, matches and the use of lead), 6 (Labelling
of drugs and poisons) and 10 (Miscellaneous)
12 Part 2 (General provisions), division 4 (Appointment of officers under and for the
purposes of the Act)
s 55 54 s 55
Health Legislation Amendment Bill 2001
"conviction", relating to an offence against a relevant provision or this 1
part, means being found guilty of the offence, on a plea of guilty or 2
otherwise, whether or not a conviction is recorded. 3
"document certification requirement" means a document certification 4
requirement under section 153N(5). 5
"document production requirement" means a document production 6
requirement under section 153N(6). 7
"endorsement" means an endorsement as defined under a regulation made 8
under section 132. 9
"executive officer", of a corporation, means a person who is concerned 10
with, or takes part in, the corporation's management, whether or not 11
the person is a director or the person's position is given the name of 12
executive officer. 13
"health service employee" means a person appointed as a health service 14
employee under the Health Services Act 1991, section 24. 15
"offence against a relevant provision", includes an offence under 16
section 17513 relating to a relevant provision. 17
"personal particulars requirement" means a personal particulars 18
requirement under section 153L(5). 19
"thing" includes a sample of, or from, a thing. 20
`Division 2--Inspectors 21
`137 Appointment and qualifications 22
`(1) The chief executive may appoint any of the following persons as an 23
inspector-- 24
(a) an officer of the department; 25
(b) a health service employee; 26
(c) a person prescribed under a regulation. 27
`(2) However, the chief executive may appoint a person as an inspector 28
only if the chief executive is satisfied the person is qualified for 29
appointment because the person has the necessary expertise or experience. 30
13 Section 175 (General penalty)
s 55 55 s 55
Health Legislation Amendment Bill 2001
`138 Appointment conditions and limit on powers 1
`(1) An inspector holds office on any conditions stated in-- 2
(a) the inspector's instrument of appointment; or 3
(b) a signed notice given to the inspector; or 4
(c) a regulation. 5
`(2) The instrument of appointment, a signed notice given to the 6
inspector or a regulation may limit the inspector's powers under this part. 7
`(3) In this section-- 8
"signed notice" means a notice signed by the chief executive. 9
`139 Issue of identity card 10
`(1) The chief executive must issue an identity card to each inspector. 11
`(2) The identity card must-- 12
(a) contain a recent photo of the inspector; and 13
(b) contain a copy of the inspector's signature; and 14
(c) identify the person as an inspector under this part; and 15
(d) state an expiry date for the card. 16
`(3) This section does not prevent the issue of a single identity card to a 17
person for this part and other purposes. 18
`140 Production or display of identity card 19
`(1) In exercising a power under this part in relation to a person, an 20
inspector must-- 21
(a) produce the inspector's identity card for the person's inspection 22
before exercising the power; or 23
(b) have the identity card displayed so it is clearly visible to the 24
person when exercising the power. 25
`(2) However, if it is not practicable to comply with subsection (1), the 26
inspector must produce the identity card for the person's inspection at the 27
first reasonable opportunity. 28
s 55 56 s 55
Health Legislation Amendment Bill 2001
`(3) For subsection (1), an inspector does not exercise a power in relation 1
to a person only because the inspector has entered a place as mentioned in 2
section 144(1)(b) or (2). 3
`141 When inspector ceases to hold office 4
`(1) An inspector ceases to hold office if any of the following happens-- 5
(a) the term of office stated in a condition of office ends; 6
(b) under another condition of office, the inspector ceases to hold 7
office; 8
(c) the inspector's resignation under section 142 takes effect. 9
`(2) Subsection (1) does not limit the ways an inspector may cease to 10
hold office. 11
`(3) In this section-- 12
"condition of office" means a condition on which the inspector holds 13
office. 14
`142 Resignation 15
`(1) An inspector may resign by signed notice given to the chief 16
executive. 17
`(2) However, if holding office as an inspector is a condition of the 18
inspector holding another office, the inspector may not resign as an 19
inspector without resigning from the other office. 20
`143 Return of identity card 21
`A person who ceases to be an inspector must return the person's identity 22
card to the chief executive within 21 days after ceasing to be an inspector 23
unless the person has a reasonable excuse. 24
Maximum penalty--10 penalty units.'. 25
s 56 57 s 56
Health Legislation Amendment Bill 2001
56 Insertion of new pt 4A, div 3, sdivs 13
Clause 1
After section 143, as inserted by this Act-- 2
insert-- 3
`Division 3--Powers of inspectors 4
`Subdivision 1--Entry of places 5
`144 Power to enter places 6
`(1) An inspector may enter a place if-- 7
(a) its occupier consents to the entry; or 8
(b) it is a public place and the entry is made when the place is open 9
to the public; or 10
(c) the entry is authorised by a warrant; or 11
(d) the entry is to account for controlled drugs, restricted drugs or 12
poisons kept at the place by the holder of an endorsement and the 13
place is open for carrying on business or otherwise open for 14
entry. 15
`(2) For the purpose of asking the occupier of a place for consent to 16
enter, an inspector may, without the occupier's consent or a warrant-- 17
(a) enter land around premises at the place to an extent that is 18
reasonable to contact the occupier; or 19
(b) enter part of the place the inspector reasonably considers 20
members of the public ordinarily are allowed to enter when they 21
wish to contact the occupier. 22
`(3) Subsection (4) applies if the holder of an endorsement is an 23
individual who carries on business at a place and also resides at the place. 24
`(4) Subsection (1)(d) does not authorise an inspector to enter a part of 25
the place in which the individual resides. 26
s 56 58 s 56
Health Legislation Amendment Bill 2001
`Subdivision 2--Procedure for entry 1
`145 Consent to entry 2
`(1) This section applies if an inspector intends to ask an occupier of a 3
place to consent to the inspector or another inspector entering the place 4
under section 144(1)(a). 5
`(2) Before asking for the consent, the inspector must tell the occupier-- 6
(a) the purpose of the entry; and 7
(b) that the occupier is not required to consent. 8
`(3) If the consent is given, the inspector may ask the occupier to sign an 9
acknowledgment of the consent. 10
`(4) The acknowledgment must state-- 11
(a) the occupier has been told-- 12
(i) the purpose of the entry; and 13
(ii) that the occupier is not required to consent; and 14
(b) the purpose of the entry; and 15
(c) the occupier gives the inspector consent to enter the place and 16
exercise powers under this division; and 17
(d) the time and date the consent was given. 18
`(5) If the occupier signs an acknowledgment, the inspector must 19
immediately give a copy to the occupier. 20
`(6) If-- 21
(a) an issue arises in a proceeding about whether the occupier 22
consented to the entry; and 23
(b) an acknowledgment complying with subsection (4) for the entry 24
is not produced in evidence; 25
the onus of proof is on the person relying on the lawfulness of the entry to 26
prove the occupier consented. 27
`146 Application for warrant 28
`(1) An inspector may apply to a magistrate for a warrant for a place. 29
s 56 59 s 56
Health Legislation Amendment Bill 2001
`(2) The application must be sworn and state the grounds on which the 1
warrant is sought. 2
`(3) The magistrate may refuse to consider the application until the 3
inspector gives the magistrate all the information the magistrate requires 4
about the application in the way the magistrate requires. 5
6
Example--
7
The magistrate may require additional information supporting the application to be
8
given by statutory declaration.
`147 Issue of warrant 9
`(1) The magistrate may issue a warrant only if the magistrate is satisfied 10
there are reasonable grounds for suspecting-- 11
(a) there is a particular thing or activity (the "evidence") that may 12
provide evidence of an offence against a relevant provision or 13
this part; and 14
(b) the evidence is at the place, or may be at the place within the next 15
7 days. 16
`(2) The warrant must state-- 17
(a) that a stated inspector may, with necessary and reasonable help 18
and force-- 19
(i) enter the place and any other place necessary for entry; and 20
(ii) exercise the inspector's powers under this division; and 21
(b) the offence for which the warrant is sought; and 22
(c) the evidence that may be seized under the warrant; and 23
(d) the hours of the day or night when the place may be entered; and 24
(e) the date, within 14 days after the warrant's issue, the warrant 25
ends. 26
`148 Special warrant 27
`(1) An inspector may apply for a warrant (a "special warrant") by 28
phone, fax, radio or another form of communication if the inspector 29
considers it necessary because of-- 30
(a) urgent circumstances; or 31
s 56 60 s 56
Health Legislation Amendment Bill 2001
(b) other special circumstances, including, for example, the 1
inspector's remote location. 2
`(2) Before applying for the warrant, the inspector must prepare an 3
application stating the grounds on which the warrant is sought. 4
`(3) The inspector may apply for the warrant before the application is 5
sworn. 6
`(4) After issuing the warrant, the magistrate must immediately fax a 7
copy to the inspector if it is reasonably practicable to fax the copy. 8
`(5) If it is not reasonably practicable to fax a copy to the inspector-- 9
(a) the magistrate must tell the inspector-- 10
(i) what the terms of the warrant are; and 11
(ii) the date and time the warrant was issued; and 12
(b) the inspector must complete a form of warrant (a "warrant 13
form") and write on it-- 14
(i) the magistrate's name; and 15
(ii) the date and time the magistrate issued the warrant; and 16
(iii) the terms of the warrant. 17
`(6) The facsimile warrant, or the warrant form properly completed by 18
the inspector, authorises the entry and the exercise of the other powers 19
stated in the warrant issued by the magistrate. 20
`(7) The inspector must, at the first reasonable opportunity, send to the 21
magistrate-- 22
(a) the sworn application; and 23
(b) if the inspector completed a warrant form--the completed 24
warrant form. 25
`(8) On receiving the documents, the magistrate must attach them to the 26
warrant. 27
`(9) If-- 28
(a) an issue arises in a proceeding about whether an exercise of a 29
power was authorised by a special warrant; and 30
(b) the warrant is not produced in evidence; 31
s 56 61 s 56
Health Legislation Amendment Bill 2001
the onus of proof is on the person relying on the lawfulness of the exercise 1
of the power to prove a special warrant authorised the exercise of 2
the power. 3
`149 Warrant--procedure before entry 4
`(1) This section applies if an inspector named in a warrant issued under 5
this division for a place is intending to enter the place under the warrant. 6
`(2) Before entering the place, the inspector must do or make a 7
reasonable attempt to do the following-- 8
(a) identify himself or herself to a person present at the place who is 9
an occupier of the place by producing a copy of the inspector's 10
identity card or other document evidencing the appointment; 11
(b) give the person a copy of the warrant or, if the entry is authorised 12
by a facsimile warrant or warrant form mentioned in 13
section 148(6), a copy of the facsimile warrant or warrant form; 14
(c) tell the person the inspector is permitted by the warrant to enter 15
the place; 16
(d) give the person an opportunity to allow the inspector immediate 17
entry to the place without using force. 18
`(3) However, the inspector need not comply with subsection (2) if the 19
inspector believes on reasonable grounds that immediate entry to the place 20
is required to ensure the effective execution of the warrant is not frustrated. 21
`150 Stopping motor vehicles 22
`(1) This section applies if an inspector suspects on reasonable grounds, 23
or is aware, that a thing in or on a motor vehicle may provide evidence of 24
an offence against a relevant provision or this part. 25
`(2) For the purpose of exercising the powers of an inspector under this 26
division, an inspector may-- 27
(a) if the motor vehicle is moving--ask or signal the person in 28
control of the motor vehicle to stop the motor vehicle; and 29
(b) whether or not the motor vehicle is moving--ask or signal the 30
person in control of the motor vehicle to bring the motor vehicle 31
to a convenient place within a reasonable distance to allow the 32
inspector to exercise the inspector's powers under this division. 33
s 56 62 s 56
Health Legislation Amendment Bill 2001
`(3) Despite section 140,14 for the purpose of exercising a power under 1
subsection (2)(a), the inspector must-- 2
(a) have with him or her the inspector's identity card; and 3
(b) produce the identity card for the person's inspection immediately 4
after the motor vehicle is stopped. 5
`(4) The person must comply with the inspector's request or signal, 6
unless the person has a reasonable excuse. 7
Maximum penalty--50 penalty units. 8
`(5) If the motor vehicle is stopped, the inspector may direct the 9
person-- 10
(a) not to move the motor vehicle until the inspector has exercised 11
the inspector's powers under this division; or 12
(b) to move the motor vehicle to, and keep it at, a stated reasonable 13
place to allow the inspector to exercise the inspector's powers 14
under this division. 15
`(6) When giving the direction, the inspector must warn the person it is 16
an offence not to comply with the direction, unless the person has a 17
reasonable excuse. 18
`(7) The person must comply with the inspector's direction, unless the 19
person has a reasonable excuse 20
Maximum penalty--50 penalty units. 21
`(8) In this section-- 22
"motor vehicle" means a vehicle propelled by a motor that forms part of 23
the vehicle, and includes a trailer attached to the vehicle. 24
`Subdivision 3--Powers after entry 25
`151 General powers after entering place 26
`(1) This section applies to an inspector who enters a place. 27
14 Section 140 (Production or display of identity card)
s 56 63 s 56
Health Legislation Amendment Bill 2001
`(2) However, if an inspector enters a place to get the occupier's consent 1
to enter a place, this section applies to the inspector only if the consent is 2
given or the entry is otherwise authorised. 3
`(3) For monitoring or enforcing compliance with a relevant provision or 4
this part, the inspector may-- 5
(a) search any part of the place; or 6
(b) inspect, measure, test, photograph or film any part of the place or 7
anything at the place; or 8
(c) take a thing at the place for analysis; or 9
(d) take an extract from, or copy of, a document at the place; or 10
(e) take into or onto the place any person, equipment and materials 11
the inspector reasonably requires for exercising a power under 12
this division; or 13
(f) require the occupier of the place, or a person at the place, to give 14
the inspector reasonable help to exercise the inspector's powers 15
under paragraphs (a) to (e); or 16
(g) require the occupier of the place, or a person at the place, to give 17
the inspector information to help the inspector find out whether a 18
relevant provision or this part is being complied with. 19
`(4) When making a requirement under subsection (3)(f) or (g), the 20
inspector must warn the person it is an offence not to comply with the 21
requirement unless the person has a reasonable excuse. 22
`152 Failure to help inspector 23
`(1) A person required to give reasonable help under section 151(3)(f) 24
must comply with the requirement, unless the person has a reasonable 25
excuse. 26
Maximum penalty--50 penalty units. 27
`(2) If an individual is required under section 151(3)(f) to give 28
information or produce a document, it is a reasonable excuse for the 29
individual not to comply with the requirement that complying with the 30
requirement might tend to incriminate the individual. 31
s 57 64 s 57
Health Legislation Amendment Bill 2001
`153 Failure to give information 1
`(1) A person of whom a requirement is made under section 151(3)(g) 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
`(2) It is a reasonable excuse for an individual not to comply with the 6
requirement that complying with the requirement might tend to incriminate 7
the individual.'. 8
57 Insertion of new pt 4A, div 3, sdiv 4
Clause 9
After section 153, as inserted by this Act-- 10
insert-- 11
`Subdivision 4--Power to seize evidence 12
`153A Seizing evidence at a place that may be entered without 13
consent or warrant 14
`An inspector who enters a place that may be entered under this division 15
without the consent of the occupier and without a warrant, may seize a 16
thing at the place if the inspector reasonably believes the thing is evidence 17
of an offence against a relevant provision or this part. 18
`153B Seizing evidence at a place that may only be entered with 19
consent or warrant 20
`(1) This section applies if-- 21
(a) an inspector is authorised to enter a place under this division only 22
with the consent of the occupier or a warrant; and 23
(b) the inspector enters the place after obtaining the necessary 24
consent or warrant. 25
`(2) If the inspector enters the place with the occupier's consent, the 26
inspector may seize a thing at the place if-- 27
(a) the inspector reasonably believes the thing is evidence of an 28
offence against a relevant provision or this part; and 29
(b) seizure of the thing is consistent with the purpose of entry as told 30
to the occupier when asking for the occupier's consent. 31
s 57 65 s 57
Health Legislation Amendment Bill 2001
`(3) If the inspector enters the place with a warrant, the inspector may 1
seize the evidence for which the warrant was issued. 2
`(4) The inspector also may seize anything else at the place if the 3
inspector reasonably believes-- 4
(a) the thing is evidence of an offence against a relevant provision or 5
this part; and 6
(b) the seizure is necessary to prevent the thing being-- 7
(i) hidden, lost or destroyed; or 8
(ii) used to continue, or repeat, the offence. 9
`(5) Also, the inspector may seize a thing at the place if the inspector 10
reasonably believes it has just been used in committing an offence against a 11
relevant provision or this part. 12
`153C Securing seized thing 13
`Having seized a thing, an inspector may do 1 or more of the 14
following-- 15
(a) move the thing from the place where it was seized (the "place of 16
seizure"); 17
(b) leave the thing at the place of seizure but take reasonable steps to 18
restrict access to it; 19
20
Examples of restricting access to a thing--
21
1. Sealing a thing and marking it to show access to it is restricted.
2. Sealing the entrance to a room where the seized thing is situated and
22
marking it to show access to it is restricted.
(c) if the thing is equipment--make it inoperable. 23
24
Example of making equipment inoperable--
25
Dismantling equipment or removing a component of equipment without
26
which the equipment is not capable of being used.
`153D Tampering with seized thing 27
`(1) If an inspector restricts access to a seized thing, a person must not 28
tamper, or attempt to tamper, with the thing, or something restricting 29
access to the thing, without an inspector's approval. 30
Maximum penalty--100 penalty units. 31
s 57 66 s 57
Health Legislation Amendment Bill 2001
`(2) If an inspector makes seized equipment inoperable, a person must 1
not tamper, or attempt to tamper, with the equipment, without an 2
inspector's approval. 3
Maximum penalty--100 penalty units. 4
`153E Powers to support seizure 5
`(1) To enable a thing to be seized, an inspector may require the person 6
in control of it-- 7
(a) to take it to a stated reasonable place by a stated reasonable time; 8
and 9
(b) if necessary, to remain in control of it at the stated place for a 10
stated reasonable period. 11
`(2) The requirement-- 12
(a) must be made by notice in the approved form; or 13
(b) if for any reason it is not practicable to give the notice, may be 14
made orally and confirmed by notice in the approved form as 15
soon as practicable. 16
`(3) A further requirement may be made under this section about the 17
thing if it is necessary and reasonable to make the further requirement. 18
`(4) A person of whom a requirement is made under subsection (1) or (3) 19
must comply with the requirement, unless the person has a reasonable 20
excuse. 21
Maximum penalty for subsection (4)--50 penalty units. 22
`153F Receipt for seized thing 23
`(1) As soon as practicable after an inspector seizes a thing, the inspector 24
must give a receipt for it to the person from whom it was seized. 25
`(2) However, if for any reason it is not practicable to comply with 26
subsection (1), the inspector must leave the receipt at the place of seizure in 27
a conspicuous position and in a reasonably secure way. 28
`(3) The receipt must describe generally each thing seized and its 29
condition. 30
s 57 67 s 57
Health Legislation Amendment Bill 2001
`(4) This section does not apply to a thing if it is impracticable or would 1
be unreasonable to give the receipt (given the thing's nature, condition and 2
value). 3
`153G Forfeiture of seized thing 4
`(1) A seized thing is forfeited to the State if the inspector who seized the 5
thing-- 6
(a) can not find its owner, after making reasonable inquiries; or 7
(b) can not return it to its owner, after making reasonable efforts; or 8
(c) reasonably believes it is necessary to keep the thing to prevent it 9
being used to commit an offence against a relevant provision or 10
this part. 11
`(2) In applying subsection (1)-- 12
(a) subsection (1)(a) does not require the inspector to make inquiries 13
if it would be unreasonable to make inquiries to find the 14
owner; and 15
(b) subsection (1)(b) does not require the inspector to make efforts if 16
it would be unreasonable to make efforts to return the thing to its 17
owner. 18
19
Example for paragraph (b)--
20
The owner of the thing has migrated to another country.
`(3) If the inspector makes a decision under subsection (1)(c), resulting 21
in the thing being forfeited to the State, the inspector must immediately 22
give the owner a written notice stating-- 23
(a) the reasons for the decision; and 24
(b) that the owner may appeal against the decision within 28 days; 25
and 26
(c) how the owner may appeal against the decision. 27
`(4) Subsection (3) does not apply if-- 28
(a) the inspector can not find the owner, after making reasonable 29
inquiries; or 30
(b) it is impracticable or would be unreasonable to give the notice. 31
`(5) Regard must be had to a thing's nature, condition and value-- 32
s 57 68 s 57
Health Legislation Amendment Bill 2001
(a) in deciding-- 1
(i) whether it is reasonable to make inquiries or efforts; and 2
(ii) if making inquiries or efforts, what inquiries or efforts, 3
including the period over which they are made, are 4
reasonable; or 5
(b) in deciding whether it would be unreasonable to give the written 6
notice. 7
`153H Forfeiture on conviction 8
`(1) On the conviction of a person for an offence against a relevant 9
provision or this part, the court may order the forfeiture to the State of-- 10
(a) anything used to commit the offence; or 11
(b) anything else the subject of the offence. 12
`(2) The court may make the order-- 13
(a) whether or not the thing has been seized; or 14
(b) if the thing has been seized, whether or not the thing has been 15
returned to its owner. 16
`(3) The court may make any order to enforce the forfeiture it considers 17
appropriate. 18
`(4) This section does not limit the court's powers under the Penalties 19
and Sentences Act 1992 or another law. 20
`153I Dealing with forfeited things etc. 21
`(1) On the forfeiture of a thing to the State, the thing becomes the 22
State's property and may be dealt with by the chief executive as the chief 23
executive considers appropriate. 24
`(2) Without limiting subsection (1), the chief executive may destroy or 25
dispose of the thing. 26
`(3) Despite subsection (1), the chief executive must not deal with the 27
thing in a way that could prejudice the outcome of an appeal, relevant to 28
the thing, of which the chief executive is aware. 29
s 58 69 s 58
Health Legislation Amendment Bill 2001
`153J Return of seized thing 1
`(1) If a seized thing is not forfeited, the inspector must return it to its 2
owner-- 3
(a) at the end of 6 months; or 4
(b) if a proceeding for an offence against a relevant provision or this 5
part involving the thing is started within 6 months, at the end of 6
the proceeding and any appeal from the proceeding. 7
`(2) Despite subsection (1), unless the thing is forfeited, the inspector 8
must immediately return a thing seized as evidence to its owner if the 9
inspector stops being satisfied its continued retention as evidence is 10
necessary. 11
`153K Access to seized thing 12
`(1) Until a seized thing is forfeited or returned, an inspector must allow 13
its owner to inspect it and, if it is a document, to copy it. 14
`(2) Subsection (1) does not apply if it is impracticable or would be 15
unreasonable to allow the inspection or copying.'. 16
58 Insertion of new pt 4A, div 3, sdiv 5 and div 4
Clause 17
After section 153K, as inserted by this Act-- 18
insert-- 19
`Subdivision 5--Power to obtain information 20
`153L Power to require name and address 21
`(1) This section applies if-- 22
(a) an inspector finds a person committing an offence against a 23
relevant provision or this part; or 24
(b) an inspector finds a person in circumstances that lead, or has 25
information about a person that leads, the inspector to reasonably 26
suspect the person has just committed an offence against a 27
relevant provision or this part. 28
`(2) The inspector may require the person to state the person's name and 29
residential address. 30
s 58 70 s 58
Health Legislation Amendment Bill 2001
`(3) When making the requirement, the inspector must warn the person it 1
is an offence to fail to state the person's name or residential address, unless 2
the person has a reasonable excuse. 3
`(4) The inspector may require the person to give evidence of the 4
correctness of the stated name or residential address if the inspector 5
reasonably suspects the stated name or address is false. 6
`(5) A requirement under subsection (2) or (4) is called a "personal 7
particulars requirement". 8
`153M Failure to give name or address 9
`(1) A person of whom a personal particulars requirement is made must 10
comply with the requirement, unless the person has a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
`(2) A person does not commit an offence against subsection (1) if-- 13
(a) the person was required to state the person's name and residential 14
address by an inspector who suspected the person had committed 15
an offence against a relevant provision or this part; and 16
(b) the person is not proved to have committed the offence. 17
`153N Power to require production of documents 18
`(1) An inspector may require a person to make available for inspection 19
by an inspector, or produce to the inspector for inspection, at a reasonable 20
time and place nominated by the inspector-- 21
(a) a document issued to the person under a relevant provision; or 22
(b) a document required to be kept by the person under a relevant 23
provision. 24
`(2) The inspector may keep the document to copy it. 25
`(3) If the inspector copies a document mentioned in subsection (1)(b), 26
or an entry in the document, the inspector may require the person 27
responsible for keeping the document to certify the copy as a true copy of 28
the document or entry. 29
`(4) The inspector must return the document to the person as soon as 30
practicable after copying it. 31
s 58 71 s 58
Health Legislation Amendment Bill 2001
`(5) However, if a requirement (a "document certification 1
requirement") is made of a person under subsection (3), the inspector may 2
keep the document until the person complies with the requirement. 3
`(6) A requirement under subsection (1) is called a "document 4
production requirement". 5
`153O Failure to produce document 6
`(1) A person of whom a document production requirement is made 7
must comply with the requirement, unless the person has a reasonable 8
excuse. 9
Maximum penalty--50 penalty units. 10
`(2) It is not a reasonable excuse for a person not to comply with a 11
document production requirement that complying with the requirement 12
might tend to incriminate the person. 13
`153P Failure to certify copy of document 14
`A person of whom a document certification requirement is made must 15
comply with the requirement, unless the person has a reasonable excuse. 16
Maximum penalty--50 penalty units. 17
`153Q Power to require information 18
`(1) This section applies if an inspector reasonably believes-- 19
(a) an offence against a relevant provision or this part has been 20
committed; and 21
(b) a person may be able to give information about the offence. 22
`(2) The inspector may, by written notice given to the person, require the 23
person to give information about the offence to the inspector at a stated 24
reasonable time and place. 25
`(3) The person must comply with a requirement under subsection (2), 26
unless the person has a reasonable excuse. 27
Maximum penalty--50 penalty units. 28
`(4) It is a reasonable excuse for an individual to fail to give information 29
if giving the information might tend to incriminate the individual. 30
s 58 72 s 58
Health Legislation Amendment Bill 2001
`Division 4--General enforcement matters 1
`153R Compliance notice 2
`(1) This section applies if the chief executive or an inspector reasonably 3
believes-- 4
(a) a person-- 5
(i) is contravening a relevant provision or a provision of this 6
part; or 7
(ii) has contravened a relevant provision or a provision of this 8
part in circumstances that make it likely the contravention 9
will continue or be repeated; and 10
(b) a matter relating to the contravention is reasonably capable of 11
being rectified; and 12
(c) it is appropriate to give the person an opportunity to rectify the 13
matter. 14
`(2) The chief executive or inspector may give the person a notice (a 15
"compliance notice") requiring the person to rectify the matter. 16
`(3) The compliance notice must state-- 17
(a) that the chief executive or inspector believes the person-- 18
(i) is contravening a relevant provision or a provision of this 19
part; or 20
(ii) has contravened a relevant provision or a provision of this 21
part in circumstances that make it likely that the 22
contravention will continue or be repeated; and 23
(b) the provision the chief executive or inspector believes is being, or 24
has been, contravened; and 25
(c) briefly, how it is believed the provision is being, or has been 26
contravened; and 27
(d) the matter relating to the contravention that the chief executive or 28
inspector believes is reasonably capable of being rectified; and 29
(e) the reasonable steps the person must take to rectify the matter; 30
and 31
(f) that the person must take the steps within a stated reasonable 32
period of not less than 21 days; and 33
s 58 73 s 58
Health Legislation Amendment Bill 2001
(g) that it is an offence to fail to comply with the compliance notice 1
unless the person has a reasonable excuse. 2
`(4) The person must comply with the compliance notice, unless the 3
person has a reasonable excuse. 4
Maximum penalty--100 penalty units. 5
`(5) The person can not be prosecuted for contravention of the provision 6
unless the person-- 7
(a) fails to comply with the compliance notice within the stated 8
period; and 9
(b) does not have a reasonable excuse for failing to comply with the 10
notice. 11
`153S Notice of damage 12
`(1) This section applies if-- 13
(a) an inspector damages property when exercising or purporting to 14
exercise a power; or 15
(b) a person (the "other person") acting under the direction or 16
authority of an inspector damages property. 17
`(2) The inspector must immediately give notice of particulars of the 18
damage to the person who appears to the inspector to be the owner of the 19
property. 20
`(3) If the inspector believes the damage was caused by a latent defect in 21
the property or circumstances beyond the inspector's or other person's 22
control, the inspector may state the belief in the notice. 23
`(4) If, for any reason, it is impracticable to comply with subsection (2), 24
the inspector must leave the notice in a conspicuous position and in a 25
reasonably secure way where the damage happened. 26
`(5) This section does not apply to damage the inspector reasonably 27
believes is trivial. 28
`(6) In this section-- 29
"owner", of property, includes the person in possession or control of it. 30
s 58 74 s 58
Health Legislation Amendment Bill 2001
`153T Compensation 1
`(1) A person may claim compensation from the State if the person 2
incurs loss or expense because of the exercise or purported exercise of a 3
power under any of the following subdivisions of division 315-- 4
(a) subdivision 1 (Entry of places) 5
(b) subdivision 3 (Powers after entry) 6
(c) subdivision 4 (Power to seize evidence) 7
`(2) Without limiting subsection (1), compensation may be claimed for 8
loss or expense incurred in complying with a requirement made of the 9
person under the subdivision. 10
`(3) Compensation may be claimed and ordered to be paid in a 11
proceeding-- 12
(a) brought in a court with jurisdiction for the recovery of the 13
amount of compensation claimed; or 14
(b) for an offence against a relevant provision or this part brought 15
against the person claiming compensation. 16
`(4) A court may order compensation to be paid only if it is satisfied it is 17
just to make the order in the circumstances of the particular case. 18
`153U False or misleading statements 19
`(1) A person must not state anything to an inspector the person knows is 20
false or misleading in a material particular. 21
Maximum penalty--50 penalty units. 22
`(2) In a proceeding for an offence against subsection (1), it is enough 23
for a charge to state that the statement was, without specifying which, 24
`false or misleading'. 25
`153V False or misleading documents 26
`(1) A person must not give an inspector a document containing 27
information the person knows is false or misleading in a material 28
particular. 29
15 Division 3 (Powers of inspectors)
s 58 75 s 58
Health Legislation Amendment Bill 2001
Maximum penalty--50 penalty units. 1
`(2) Subsection (1) does not apply to a person if the person, when giving 2
the document-- 3
(a) tells the inspector, to the best of the person's ability, how it is 4
false or misleading; and 5
(b) if the person has, or can reasonably obtain, the correct 6
information, gives the correct information. 7
`(3) In a proceeding for an offence against subsection (1), it is enough 8
for a charge to state that the statement was, without specifying which, 9
`false or misleading'. 10
`153W Obstructing inspector 11
`(1) A person must not obstruct an inspector in the exercise of a power, 12
unless the person has a reasonable excuse. 13
Maximum penalty--100 penalty units. 14
`(2) If a person has obstructed an inspector and the inspector decides to 15
proceed with the exercise of the power, the inspector must warn the person 16
that-- 17
(a) it is an offence to obstruct the inspector, unless the person has a 18
reasonable excuse; and 19
(b) the inspector considers the person's conduct is an obstruction. 20
`(3) In this section-- 21
"obstruct" includes hinder and attempt to obstruct or hinder. 22
`153X Impersonation of inspector 23
`A person must not pretend to be an inspector. 24
Maximum penalty--50 penalty units. 25
s 58 76 s 58
Health Legislation Amendment Bill 2001
`153Y Dealing with certain things 1
`(1) If an inspector takes a thing under section 151(3)(c),16 or seizes a 2
thing under section 153A or 153B17 for analysis by a State analyst, the 3
inspector must-- 4
(a) divide the thing into 3 separate parts and-- 5
(i) seal or fasten each part in a way that will, so far as is 6
practicable, prevent a person tampering with the part; and 7
(ii) attach a label containing the label details to each part; and 8
(b) leave 1 part with the owner of the thing or the person from whom 9
the thing was obtained; and 10
(c) deal with 1 of the remaining parts under section 153ZD; and 11
(d) keep the other remaining part for future comparison. 12
`(2) Subsection (3) applies if a thing is in more than 1 package and the 13
inspector reasonably believes that, because of the size of the packages, 14
dividing 1 package of the thing for analysis into 3 separate parts would-- 15
(a) affect the composition or quality of the thing in a way that would 16
make the separate parts unsuitable for accurate analysis; or 17
(b) make the parts insufficient for accurate analysis; or 18
(c) make the thing in any other way unsuitable for analysis. 19
`(3) If the inspector reasonably believes the packages contain the same 20
substance, the inspector may-- 21
(a) mix 2 or more of the packages and deal with the mixture under 22
subsection (1); or 23
(b) use more than 1 of the packages to make up each part mentioned 24
in subsection (1). 25
`(4) Subsections (1) to (3) do not apply to a thing to the extent that, 26
because of its nature, it is impossible or impractical to deal with it in the 27
way mentioned in the subsections. 28
`(5) In this section-- 29
16 Section 151 (General powers after entering place)
17 Sections 153A (Seizing evidence at a place that may be entered without consent or
warrant) and 153B (Seizing evidence at a place that may only be entered with
consent or warrant)
s 59 77 s 59
Health Legislation Amendment Bill 2001
"label details" means-- 1
(a) an identification number; and 2
(b) a description of the thing; and 3
(c) the date it was taken or seized; and 4
(d) the place where it was taken or seized; and 5
(e) the inspector's signature.'. 6
59 Insertion of new pt 4A, div 5
Clause 7
After section 153Y, as inserted by this Act-- 8
insert-- 9
`Division 5--Analysis of things 10
`153Z Appointment and qualifications 11
`(1) The chief executive may appoint any of the following persons as a 12
State analyst-- 13
(a) an officer of the department; 14
(b) a health service employee; 15
(c) a person prescribed under a regulation. 16
`(2) However, the chief executive may appoint a person as a State analyst 17
only if the chief executive is satisfied the person is qualified for 18
appointment because the person has the necessary expertise or experience. 19
`153ZA Appointment conditions and limit on powers 20
`(1) A State analyst holds office on any conditions stated in-- 21
(a) the State analyst's instrument of appointment; or 22
(b) a signed notice given to the State analyst; or 23
(c) a regulation. 24
`(2) The instrument of appointment, a signed notice given to the State 25
analyst or a regulation may limit the State analyst's powers under this part. 26
s 59 78 s 59
Health Legislation Amendment Bill 2001
`(3) In this section-- 1
"signed notice" means a notice signed by the chief executive. 2
`153ZB When State analyst ceases to hold office 3
`(1) A State analyst ceases to hold office if any of the following 4
happens-- 5
(a) the term of office stated in a condition of office ends; 6
(b) under another condition of office, the State analyst ceases to hold 7
office; 8
(c) the State analyst's resignation under section 153ZC takes effect. 9
`(2) Subsection (1) does not limit the ways a State analyst may cease to 10
hold office. 11
`(3) In this section-- 12
"condition of office" means a condition on which the State analyst holds 13
office. 14
`153ZC Resignation 15
`(1) A State analyst may resign by signed notice given to the chief 16
executive. 17
`(2) However, if holding office as a State analyst is a condition of the 18
State analyst holding another office, the State analyst may not resign as a 19
State analyst without resigning from the other office. 20
`153ZD Analysis 21
`(1) If an inspector who takes a thing at a place under section 151(3)(c)18, 22
or seizes a thing under section 153A or 153B for analysis, is not a State 23
analyst, the inspector must, as soon as practicable, give it to a State analyst 24
for analysis. 25
`(2) The State analyst must, as soon as practicable, complete a certificate 26
of analysis for the thing and give the certificate to the inspector. 27
18 Section 151 (General powers after entering place)
s 60 79 s 60
Health Legislation Amendment Bill 2001
`(3) If an inspector who takes a thing as mentioned in subsection (1) is a 1
State analyst, the inspector must, as soon as practicable, complete a 2
certificate of analysis for the thing. 3
`(4) For dealing with a part of a thing mentioned in section 153Y(1)(c), 4
subsections(1) and (3) apply as if a reference to a thing were a reference to 5
a part. 6
`153ZE Certificate must indicate methodology used 7
`The certificate of analysis must include information about the 8
methodology used to conduct the analysis.'. 9
60 Insertion of new pt 4A, div 6
Clause 10
After section 153ZE, as inserted by this Act-- 11
insert-- 12
`Division 6--Legal proceedings 13
`Subdivision 1--Application 14
`153ZF Application of division 15
`This division applies to a proceeding under a relevant provision or this 16
part. 17
`Subdivision 2--Evidence 18
`153ZG Appointments and authority 19
`It is not necessary to prove-- 20
(a) the chief executive's appointment; or 21
(b) the appointment of an inspector or State analyst; or 22
(c) the authority of the chief executive, an inspector or State analyst 23
to do anything under this part. 24
s 60 80 s 60
Health Legislation Amendment Bill 2001
`153ZH Signatures 1
`A signature purporting to be the signature of the chief executive, an 2
inspector or State analyst is evidence of the signature it purports to be. 3
`153ZI Evidentiary aids 4
`(1) A certificate purporting to be signed by the chief executive stating 5
any of the following matters is evidence of the matter-- 6
(a) a stated document is an appointment, endorsement or notice 7
made, given, issued or kept under a relevant provision or 8
this part; 9
(b) a stated document is a document given to the chief executive 10
under a relevant provision; 11
(c) a stated document is a copy of a thing mentioned in paragraph (a) 12
or (b); 13
(d) on a stated day, or during a stated period, a stated person was or 14
was not the holder of an endorsement; 15
(e) on a stated day, or during a stated period, an endorsement-- 16
(i) was or was not in force; or 17
(ii) was or was not subject to a stated condition; 18
(f) on a stated day, an endorsement was suspended or cancelled; 19
(g) on a stated day, or during a stated period, an appointment as an 20
inspector or State analyst was, or was not, in force for a stated 21
person; 22
(h) on a stated day, a stated person was given a stated notice under 23
this part; 24
(i) on a stated day, a stated requirement was made under a relevant 25
provision or this part of a stated person. 26
`(2) A statement in a complaint for an offence against a relevant 27
provision or this part that the matter of the complaint came to the 28
knowledge of the complainant on a stated day is evidence of the matter 29
stated. 30
s 60 81 s 60
Health Legislation Amendment Bill 2001
`(3) A certificate purporting to be that of a State analyst in relation to a 1
thing taken by an inspector at a place under section 151(3)(c),19 or seized 2
under section 153A or 153B,20 stating any of the following matters is 3
evidence of the matters-- 4
(a) the analyst's qualifications; 5
(b) the analyst took, or received from a stated person, the thing; 6
(c) the thing was analysed at a stated place on a stated day or during 7
a stated period; 8
(d) the methodology used to analyse the thing; 9
(e) the results of the analysis. 10
`(4) In a proceeding in which the chief executive applies under 11
section 153ZK to recover costs incurred by the chief executive, a 12
certificate by the chief executive stating that stated costs were incurred and 13
the way in which, and purpose for which, they were incurred is evidence of 14
the matters stated. 15
`Subdivision 3--Proceedings 16
`153ZJ Summary proceedings for offences against a relevant provision 17
or this part 18
`(1) A proceeding for an offence against a relevant provision or this part 19
is to be taken in a summary way under the Justices Act 1886. 20
`(2) The proceeding must start-- 21
(a) within 1 year after the commission of the offence; or 22
(b) within 6 months after the offence comes to the complainant's 23
knowledge, but within 2 years after the commission of the 24
offence. 25
19 Section 151 (General powers after entering place)
20 Section 153A (Seizing evidence at a place that may be entered without consent or
warrant) or 153B (Seizing evidence at a place that may only be entered with consent
or warrant)
s 60 82 s 60
Health Legislation Amendment Bill 2001
`153ZK Recovery of costs of investigation 1
`(1) This section applies if-- 2
(a) a court convicts a person of an offence against a relevant 3
provision or this part; and 4
(b) the chief executive applies to the court for an order against the 5
person for the payment of the costs the chief executive has 6
incurred in taking a thing, conducting an analysis or doing 7
something else during the investigation of the offence; and 8
(c) the court finds the chief executive has reasonably incurred 9
the costs. 10
`(2) The court may order the person to pay the chief executive an amount 11
equal to the costs if it is satisfied it would be just to make the order in the 12
circumstances of the particular case. 13
`(3) This section does not limit the court's powers under the Penalties 14
and Sentences Act 1992 or another law. 15
`153ZL Application for order for payment of costs under s 153ZK 16
`(1) An application to a court under section 153ZK is, and any order 17
made by the court on the application is, a judgment in the court's civil 18
jurisdiction. 19
`(2) Any issue on the application is to be decided on the balance of 20
probabilities. 21
`153ZM Responsibility for acts or omissions of representatives 22
`(1) This section applies in a proceeding for an offence against a relevant 23
provision or this part. 24
`(2) If it is relevant to prove a person's state of mind about a particular 25
act or omission, it is enough to show-- 26
(a) the act was done or omitted to be done by a representative of the 27
person within the scope of the representative's actual or apparent 28
authority; and 29
(b) the representative had the state of mind. 30
`(3) An act done or omitted to be done for a person by a representative of 31
the person within the scope of the representative's actual or apparent 32
s 60 83 s 60
Health Legislation Amendment Bill 2001
authority is taken to have been done or omitted to be done also by the 1
person, unless the person proves the person could not, by the exercise of 2
reasonable diligence, have prevented the act or omission. 3
`(4) In this section-- 4
"representative" means-- 5
(a) for a corporation--an executive officer, employee or agent of the 6
corporation; or 7
(b) for an individual--an employee or agent of the individual. 8
"state of mind", of a person, includes-- 9
(a) the person's knowledge, intention, opinion, belief or purpose; 10
and 11
(b) the person's reasons for the intention, opinion, belief or purpose. 12
`153ZN Executive officers must ensure corporation complies with 13
relevant provisions and this part 14
`(1) The executive officers of a corporation must ensure the corporation 15
complies with the relevant provisions and this part. 16
`(2) If a corporation commits an offence against a relevant provision or a 17
provision of this part, each of the corporation's executive officers also 18
commits an offence, namely, the offence of failing to ensure the 19
corporation complies with the provision. 20
Maximum penalty--the penalty for the contravention of the provision by 21
an individual. 22
`(3) Evidence that the corporation has been convicted of an offence 23
against a relevant provision or a provision of this part is evidence that each 24
of the executive officers committed the offence of failing to ensure the 25
corporation complies with the provision. 26
`(4) However, it is a defence for an executive officer to prove-- 27
(a) if the officer was in a position to influence the conduct of the 28
corporation in relation to the offence--the officer exercised 29
reasonable diligence to ensure the corporation complied with the 30
provision; or 31
(b) the officer was not in a position to influence the conduct of the 32
corporation in relation to the offence.'. 33
s 61 84 s 61
Health Legislation Amendment Bill 2001
61 Insertion of new pt 4A, divs 7 and 8
Clause 1
After section 153ZN, as inserted by this Act-- 2
insert-- 3
`Division 7--Appeals 4
`153ZO Who may appeal 5
`An owner of a thing forfeited to the State under section 153G(1)(c) who 6
is dissatisfied with the decision resulting in the forfeiture may appeal 7
against the decision. 8
`153ZP Starting an appeal 9
`(1) An appeal may be started at-- 10
(a) the Magistrates Court nearest the place where the person lives or 11
carries on business; or 12
(b) a Magistrates Court at Brisbane. 13
`(2) The notice of appeal under the Uniform Civil Procedure Rules 1999 14
must be filed with the registrar of the court within 28 days after-- 15
(a) if the person is given notice of the decision under 16
section 153G(3)--the day the person is given the notice; or 17
(b) if paragraph (a) does not apply--the day the person otherwise 18
becomes aware of the forfeiture. 19
`(3) The court may, at any time, extend the time for filing the notice of 20
appeal. 21
`153ZQ Hearing procedures 22
`(1) In hearing the appeal, the court is not bound by the rules of evidence 23
and must comply with natural justice. 24
`(2) The appeal is by way of rehearing, unaffected by the inspector's 25
decision, on the material before the inspector and any further evidence 26
allowed by the court. 27
s 62 85 s 63
Health Legislation Amendment Bill 2001
`153ZR Powers of court on appeal 1
`(1) In deciding the appeal, the court may confirm the inspector's 2
decision or substitute another decision for the inspector's decision. 3
`(2) The chief executive or inspector must give effect to the court's 4
decision. 5
`153ZS Appeal to District Court 6
`An appeal lies to the District Court from a decision of a Magistrates 7
Court under section 153ZR, but only on a question of law. 8
`Division 8--Miscellaneous 9
`153ZT Protecting officials from liability 10
`(1) An official is not civilly liable for an act done, or omission made, 11
honestly and without negligence under a relevant provision or this part. 12
`(2) If subsection (1) prevents a civil liability attaching to an official, the 13
liability attaches instead to the State. 14
`(3) In this section-- 15
"official" means-- 16
(a) the chief executive; or 17
(b) an inspector or State analyst; or 18
(c) a person acting under the direction of an inspector.'. 19
62 Omission of s 154 (Proceedings by indictment and contracts not to
Clause 20
be affected) 21
Section 154-- 22
omit. 23
63 Insertion of new s 154O
Clause 24
Part 6, before section 155-- 25
insert-- 26
s 64 86 s 64
Health Legislation Amendment Bill 2001
`154O Application of pt 6 1
`Except for sections 175, 178(f) and 180(1) and (2)(f),21 this part does 2
not apply to part 4A22 or a relevant provision.'. 3
64 Insertion of new pt 8
Clause 4
After section 183-- 5
insert-- 6
`PART 8--TRANSITIONAL PROVISIONS FOR 7
HEALTH LEGISLATION AMENDMENT ACT 2001 8
`184 Transitional provision for things done etc. before this 9
section commences 10
`(1) Subsection (2) applies in relation to anything done, omitted or 11
started under, or in relation to, a section 184 provision before the 12
commencement. 13
`(2) The pre-amended Act continues to apply as if the Health Legislation 14
Amendment Act 2001 had not been passed. 15
`(3) Subsections (1) and (2) do not limit the Acts Interpretation Act 1954, 16
section 20.23 17
`(4) Without limiting subsections (1) to (3), a proceeding for an offence 18
against a section 184 provision committed before the commencement may 19
be started or continued, and the pre-amended Act applies in relation to the 20
proceeding, as if the Health Legislation Amendment Act 2001 had not been 21
passed. 22
`(5) In this section-- 23
"commencement" means the commencement of this section. 24
"pre-amended Act" means this Act as in force before the commencement. 25
"relevant provision" means a relevant provision as in force before the 26
commencement. 27
21 Sections 175 (General penalty), 178 (Evidence), and 180 (Regulation making
power)
22 Part 4A (Monitoring, investigation and enforcement)
23 Acts Interpretation Act 1954, section 20 (Saving or operation of repealed Act etc.)
s 64 87 s 64
Health Legislation Amendment Bill 2001
"repealed provision" means any of sections 132 to 151 of the 1
pre-amended Act. 2
"section 184 provision" means a relevant provision or a repealed 3
provision. 4
`185 Transitional provisions about certain authorities 5
`(1) Subsection (2) applies if, immediately before the commencement, a 6
person's authority under section D2 of the repealed regulation to take an 7
old action in relation to all dangerous drugs and restricted drugs was 8
cancelled under section D3 of that regulation. 9
`(2) To remove any doubt, it is declared that starting on the 10
commencement, the person's authority under the new regulation to take a 11
new action in relation to all controlled drugs and restricted drugs is taken to 12
be cancelled by a decision of the chief executive properly made under 13
chapter 1, part 5, division 424 of the new regulation, and subject to 14
subsection (5), continues to be cancelled. 15
`(3) Subsection (4) applies if, immediately before the commencement, a 16
person's authority under section D2 of the repealed regulation to take an 17
old action in relation to a particular substance that was a dangerous drug or 18
restricted drug under that regulation was cancelled under section D3 of that 19
regulation. 20
`(4) To remove any doubt, it is declared that starting on the 21
commencement, the person's authority under the new regulation to take a 22
new action in relation to the substance is taken to be cancelled by a 23
decision of the chief executive properly made under chapter 1, part 5, 24
division 4 of the new regulation, and subject to subsection (5), continues to 25
be cancelled. 26
`(5) Subsections (2) and (4) do not prevent the chief executive repealing, 27
under section 26A of the new regulation, the decision of the chief 28
executive. 29
`(6) In this section-- 30
"commencement" means the commencement of the new regulation. 31
"new action" means administer, dispense, issue, obtain, possess, including 32
possess at a particular place, prescribe, sell or supply. 33
24 Health (Drugs and Poisons) Regulation 1996, chapter 1 (Introduction), part 5
(Endorsements), division 4 (Suspension or cancellation of endorsement)
s 65 88 s 68
Health Legislation Amendment Bill 2001
"new regulation" means the Health (Drugs and Poisons) Regulation 1996. 1
"old action" means administer, buy, dispense, obtain, possess, including 2
possess on particular premises or at a particular place, prescribe, 3
procure or offer to procure, sell, or supply or offer to supply. 4
"repealed regulation" means the Poisons Regulation 1973.'. 5
PART 7--AMENDMENT OF HEALTH PRACTITIONERS 6
(PROFESSIONAL STANDARDS) ACT 1999 7
65 Act amended in pt 7
Clause 8
This part amends the Health Practitioners (Professional Standards) Act 9
1999. 10
66 Amendment of s 240 (Decision about whether ground for
Clause 11
disciplinary action established) 12
Section 240(3)(c), after `assessment'-- 13
insert-- 14
`or external assessment'. 15
67 Amendment of s 241 (Decision about disciplinary action
Clause 16
relating to registrant) 17
Section 241(2)(j)(ii), `person'-- 18
omit, insert-- 19
`registrant'. 20
68 Amendment of s 243 (Decision about disciplinary action relating
Clause 21
to former registrant) 22
(1) Section 243(2)(b)-- 23
omit, insert-- 24
`(b) 1 or more of the following-- 25
s 69 89 s 69
Health Legislation Amendment Bill 2001
(i) to order the person to pay a fine of an amount not more than 1
the equivalent of 1 333 penalty units; 2
(ii) conditions under which the person may re-apply for 3
registration in the relevant profession; 4
(iii) conditions that must be imposed on any future registration 5
of the person in the relevant profession; 6
(iv) to order the person to do anything else the tribunal 7
reasonably considers appropriate; 8
(v) to order the person to refrain from doing anything the 9
tribunal reasonably considers inappropriate; 10
(vi) to indicate another form of disciplinary action mentioned in 11
section 241(2) would have been taken if the person were 12
registered.'. 13
(2) Section 243(3), `subsection (2)(b)(ii)'-- 14
omit, insert-- 15
`subsection (2)(b)(vi)'. 16
69 Replacement of s 288 (Power of health assessment committee
Clause 17
about registrant) 18
Section 288-- 19
omit, insert-- 20
`288 Power of health assessment committee to require registrant to 21
undergo health assessments 22
`(1) A health assessment committee may, by written notice given to a 23
registrant, require the registrant to do 1 or both of the following-- 24
(a) attend before the committee to undergo a health assessment; 25
(b) as part of the health assessment conducted by the committee, 26
undergo a health assessment (an "external assessment") by an 27
appropriately qualified person other than a member of the 28
committee (an "external assessor"). 29
`(2) The notice must state-- 30
(a) a reasonable time and place for the registrant to undergo the 31
health assessment or external assessment; and 32
s 70 90 s 70
Health Legislation Amendment Bill 2001
(b) for an external assessment-- 1
(i) the reasons for the assessment; and 2
(ii) the name and qualifications of the external assessor; and 3
(c) advice to the registrant of the terms of section 289(1). 4
`(3) If the registrant is required to attend before the health assessment 5
committee, the registrant may be accompanied by a lawyer or another 6
person but the lawyer or other person is not entitled to address the 7
committee on the registrant's behalf. 8
`(4) The registrant must not fail, without reasonable excuse-- 9
(a) to attend as required by the notice; and 10
(b) to continue to attend as required by the health assessment 11
committee until excused from further attendance; and 12
(c) to cooperate with the committee or external assessor in the 13
conduct of a health assessment or external assessment. 14
`(5) In this section-- 15
"appropriately qualified", for an external assessor, includes having the 16
qualifications, experience, skills or knowledge appropriate to conduct 17
the external assessment. 18
`288A Appointment of external assessor 19
`(1) This section applies if a health assessment committee decides to 20
require the registrant to undergo an external assessment. 21
`(2) The committee may appoint 1 or more external assessors to conduct 22
the assessment. 23
`(3) Before appointing a person as an external assessor, the committee 24
must be satisfied the person does not have a personal or professional 25
connection with the registrant that may prejudice the way in which the 26
person conducts the assessment.'. 27
70 Amendment of s 289 (Failure to comply with requirement of
Clause 28
health assessment committee) 29
Section 289(1), `288(4)-- 30
s 71 91 s 71
Health Legislation Amendment Bill 2001
omit, insert-- 1
`288(5)'. 2
71 Insertion of new s 295A
Clause 3
After section 295-- 4
insert-- 5
`295A External assessor to prepare report about external assessment 6
`(1) An external assessor who conducts an external assessment must, as 7
soon as practicable after conducting the assessment, prepare a report about 8
the assessment (an "external assessment report"). 9
`(2) The external assessment report must include-- 10
(a) the external assessor's findings about whether the registrant is 11
impaired; and 12
(b) if the external assessor finds the registrant is impaired-- 13
(i) the nature and extent of the registrant's impairment; and 14
(ii) the external assessor's recommendations about any action 15
that needs to be taken to protect the wellbeing of vulnerable 16
persons including, for example, the imposition of conditions 17
on the registrant's registration. 18
`(3) Also, if more than 1 external assessor conducted the external 19
assessment and the findings or recommendations are not unanimous, the 20
external assessment report must include-- 21
(a) the different views of the assessors; and 22
(b) the basis for each view. 23
`(4) The external assessor must give the external assessment report to the 24
health assessment committee.'. 25
s 72 92 s 73
Health Legislation Amendment Bill 2001
72 Amendment of s 296 (Health assessment committee to prepare
Clause 1
report) 2
(1) Section 296(1)-- 3
omit, insert-- 4
`(1) The health assessment committee must prepare a report about its 5
assessment of the registrant (an "assessment report") after conducting its 6
assessment and considering the following-- 7
(a) any external assessment report about the registrant; 8
(b) any submission made by the registrant under section 287(1); 9
(c) any health assessment report given by the registrant to the 10
committee under section 287(2).'. 11
(2) Section 296(2)(b)(ii), after `protect'-- 12
insert-- 13
`the wellbeing of'. 14
(3) Section 296(2)-- 15
insert-- 16
`(c) any external assessment report about the registrant.'. 17
73 Amendment of s 307 (Use of assessment report)
Clause 18
(1) Section 307(1), `prepared under section 296(1)'-- 19
omit. 20
(2) Section 307(3), `which'-- 21
omit, insert-- 22
`whom'. 23
(3) Section 307(4), definition "assessment report"-- 24
omit, insert-- 25
` "assessment report" means the following and includes a copy of the 26
report, or a part of the report or copy-- 27
(a) an assessment report prepared under section 296(1); 28
(b) an external assessment report.'. 29
s 74 93 s 77
Health Legislation Amendment Bill 2001
74 Replacement of s 308 (Board must pay cost of health assessment)
Clause 1
Section 308-- 2
omit, insert-- 3
`308 Board must pay cost of assessments 4
`If a board establishes a health assessment committee, the board must 5
pay the costs of-- 6
(a) the health assessment conducted by the committee; and 7
(b) an external assessment required by the committee.'. 8
75 Amendment of s 381 (Effect of suspension)
Clause 9
Section 381-- 10
insert-- 11
`(1A) Despite subsection (1), action relating to the registrant may be 12
taken under this Act and for that purpose the registrant continues to be a 13
registrant under the relevant health practitioner registration Act.'. 14
76 Amendment of s 392 (Confidentiality)
Clause 15
Section 392(5), definition "relevant person"-- 16
insert-- 17
`(ja) an external assessor; or'. 18
77 Insertion of new pt 14
Clause 19
After part 13-- 20
insert-- 21
`PART 14--VALIDATION PROVISION 22
`405 Validation of certain tribunal decisions 23
`(1) This section applies if, before the commencement of this section-- 24
(a) the tribunal made a decision under section 241 in relation to a 25
person; and 26
s 78 94 s 80
Health Legislation Amendment Bill 2001
(b) at the time the decision was made the person was taken under 1
section 381(1) not to be registered under the relevant health 2
practitioner registration Act. 3
`(2) The tribunal's decision is taken to have been validly made, and to 4
continue to have effect, to the same extent as if section 381(1A) were in 5
force at all relevant times.'. 6
78 Amendment of schedule (Dictionary)
Clause 7
Schedule-- 8
insert-- 9
` "external assessment" see section 288(1)(b). 10
"external assessment report" see section 295A(1). 11
"external assessor" see section 288(1)(b).'. 12
PART 8--AMENDMENT OF MEDICAL 13
PRACTITIONERS REGISTRATION ACT 2001 14
79 Act amended in pt 8
Clause 15
This part amends the Medical Practitioners Registration Act 2001. 16
80 Amendment of s 42 (Procedural requirements for applications)
Clause 17
(1) Section 42(2)-- 18
renumber as section 42(4). 19
(2) Section 42-- 20
insert-- 21
`(2) The approved form may require the disclosure of the applicant's 22
criminal history. 23
`(3) If the approved form requires the disclosure of the applicant's 24
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 25
does not apply to the disclosure.'. 26
s 81 95 s 82
Health Legislation Amendment Bill 2001
81 Amendment of s 45 (Fitness to practise the profession)
Clause 1
(1) Section 45(1)(c) to (e)-- 2
omit, insert-- 3
`(c) the applicant's criminal history;'. 4
(2) Section 45(1)(f) to (h)-- 5
renumber as section 45(1)(d) to (f). 6
(3) Section 45(2)-- 7
omit, insert-- 8
`(2) When having regard to the applicant's criminal history under 9
subsection (1)(c), the board must have particular regard to the following-- 10
(a) any conviction of the applicant for an indictable offence; 11
(b) any conviction of the applicant for an offence against the 12
repealed Act, this Act, the Health Practitioners (Professional 13
Standards) Act 1999 or a corresponding law; 14
(c) any conviction of the applicant for an offence, relating to the 15
practice of the profession-- 16
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 17
(ii) against another law applying, or that applied, in the State, 18
the Commonwealth, another State or a foreign country.'. 19
(4) Section 45(3), `an'-- 20
omit, insert-- 21
`the'. 22
(5) Section 45(5)-- 23
omit, insert-- 24
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 25
apply to the asking for, or giving of, the report.'. 26
82 Amendment of s 47 (Appointment of appropriately qualified
Clause 27
person to conduct health assessment) 28
(1) Section 47(4) and (5)-- 29
renumber as section 47(6) and (7). 30
s 83 96 s 85
Health Legislation Amendment Bill 2001
(2) Section 47-- 1
insert-- 2
`(4) If the board considers it relevant to the assessment, it may disclose 3
the applicant's criminal history to a person appointed to conduct the 4
assessment. 5
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 6
apply to the disclosure.'. 7
83 Amendment of s 72 (Procedural requirements for applications)
Clause 8
Section 72(2), `must be made'-- 9
omit, insert-- 10
`may only be decided by the board if it is received'. 11
84 Amendment of s 110 (Procedural requirements for applications)
Clause 12
(1) Section 110(2)-- 13
renumber as section 110(4). 14
(2) Section 110-- 15
insert-- 16
`(2) For an applicant who is not a general registrant, the approved form 17
may require the disclosure of the applicant's criminal history. 18
`(3) If the approved form requires the disclosure of the applicant's 19
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 20
does not apply to the disclosure.'. 21
85 Insertion of new s 143A
Clause 22
Part 3, division 10, subdivision 2-- 23
insert-- 24
`143A Deemed specialist registration 25
`(1) This section applies to a registrant who is registered, under 26
section 135, to practise the profession in a specialty in an area of need. 27
s 86 97 s 86
Health Legislation Amendment Bill 2001
`(2) While the registrant is registered to practise the profession in a 1
specialty in an area of need, the registrant is taken to also be a specialist 2
registrant in the specialty. 3
`(3) The registrant's deemed specialist registration under subsection (2) 4
is taken to be subject to any conditions of the registrant's special purpose 5
registration under section 135. 6
`(4) Part 3, division 925 does not apply to the registrant while the 7
registrant is taken, under subsection (2), to be a specialist registrant. 8
`(5) Also, part 3, division 1126 does not apply to the registrant's deemed 9
specialist registration under subsection (2).'. 10
86 Replacement of pt 3, div 10, sdiv 5 hdg and insertion of new
Clause 11
s 149A 12
Part 3, division 10, subdivision 5, heading-- 13
omit, insert-- 14
`Subdivision 5--Changing or removing conditions 15
`149A Changing conditions 16
`(1) This section applies if the board reasonably believes the conditions 17
imposed on a special purpose registration under this Act need to be 18
changed for the registrant to competently and safely undertake the activity 19
the subject of the registration. 20
`(2) The board must give the registrant a notice (a "show cause notice") 21
stating-- 22
(a) the board's proposal to change the conditions; and 23
(b) the ground for the proposed change; and 24
(c) an outline of the facts and circumstances forming the basis for 25
the ground; and 26
(d) an invitation to the registrant to show within a stated period (the 27
"show cause period") why the conditions should not be 28
changed. 29
25 Part 3 (Registration), division 9 (Specialist registration)
26 Part 3 (Registration), division 11 (General provisions about registrations)
s 87 98 s 88
Health Legislation Amendment Bill 2001
`(3) The show cause period must be a period ending not less than 21 days 1
after the show cause notice is given to the registrant. 2
`(4) The registrant may make written submissions about the show cause 3
notice to the board in the show cause period. 4
`(5) The board must consider any submissions made under subsection 5
(4) and decide whether or not to change the conditions in the way stated in 6
the notice. 7
`(6) The board must give the registrant notice of its decision as soon as 8
practicable after it is made. 9
`(7) If the board decides to change the conditions, it must as soon as 10
practicable give the registrant an information notice about the decision. 11
`(8) The change takes effect when the information notice is given to the 12
registrant and does not depend on the certificate of special purpose 13
registration being amended to record the change or a replacement 14
certificate of special purpose registration being issued.'. 15
87 Amendment of s 150 (Removal)
Clause 16
(1) Section 150(4) and (5)-- 17
omit. 18
(2) Section 150(6)-- 19
renumber as section 150(4). 20
88 Insertion of new s 150A
Clause 21
After section 150-- 22
insert-- 23
`150A Amending or replacing certificate of special purpose 24
registration 25
`(1) This section applies if-- 26
(a) a special purpose registrant receives an information notice, under 27
section 149A(7), about a decision to change the conditions of the 28
registration; or 29
s 89 99 s 90
Health Legislation Amendment Bill 2001
(b) a special purpose registrant receives a notice, under 1
section 150(3), about a decision to remove the conditions of the 2
registration. 3
`(2) The registrant must return the certificate of special purpose 4
registration to the board within 14 days after receiving the notice, unless 5
the registrant has a reasonable excuse. 6
Maximum penalty--10 penalty units. 7
`(3) On receiving the certificate, the board must-- 8
(a) amend the certificate in an appropriate way and return the 9
amended certificate to the registrant; or 10
(b) issue another certificate of special purpose registration to the 11
registrant to replace the certificate returned to the board.'. 12
89 Amendment of s 176 (Protection for registrants providing
Clause 13
information about crimes to police officers) 14
(1) Section 176, heading, `crimes'-- 15
omit, insert-- 16
`indictable offences'. 17
(2) Section 176(1), `a crime'-- 18
omit, insert-- 19
`an indictable offence'. 20
(3) Section 176(2), `the crime'-- 21
omit, insert-- 22
`the indictable offence'. 23
(4) Section 176(4)-- 24
omit. 25
90 Amendment of s 257 (Confidentiality of information)
Clause 26
Section 257(6), definition "information", paragraph (b), `a request under 27
section 45(3)'-- 28
omit, insert-- 29
`this Act'. 30
s 91 100 s 92
Health Legislation Amendment Bill 2001
91 Amendment of s 293 (Existing registrations)
Clause 1
(1) Section 293(10) to (12) 2
renumber as section 293(12) to (14). 3
(2) Section 293-- 4
insert-- 5
`(10) Subsection (11) applies to a person who, immediately before the 6
commencement-- 7
(a) was registered under section 17C(1)(d) of the repealed Act; and 8
(b) was, or was purported to be, registered under section 18 of the 9
repealed Act in a specialty. 10
`(11) Despite subsection (2), the person is not taken to have specialist 11
registration in the specialty under this section.'. 12
(3) Section 293(13), as renumbered, `Subsection (12)'-- 13
omit, insert-- 14
`Subsection (14)'. 15
(4) Section 293(13), as renumbered, `subsection (10)'-- 16
omit, insert-- 17
`subsection (12)'. 18
92 Amendment of s 294 (Removal of conditions imposed under
Clause 19
repealed Act) 20
(1) Section 294, heading, `Removal of'-- 21
omit, insert-- 22
`Changing or removing'. 23
(2) Section 294(2), `Section 150 applies'-- 24
omit, insert-- 25
`Sections 149A and 150 apply'. 26
s 93 101 s 96
Health Legislation Amendment Bill 2001
93 Amendment of sch 1 (Decisions for which information notices
Clause 1
must be given) 2
Schedule 1-- 3
insert-- 4
`149A Deciding to change
conditions of a
special purpose
registration'.
94 Amendment of sch 3 (Dictionary)
Clause 5
Schedule 3-- 6
insert-- 7
` "criminal history", of a person, means all the following-- 8
(a) every conviction of the person for an offence, in Queensland or 9
elsewhere, and whether before or after the commencement of this 10
Act; 11
(b) every charge made against the person for an offence, in 12
Queensland or elsewhere, and whether before or after the 13
commencement of this Act.'. 14
PART 9--AMENDMENT OF MEDICAL RADIATION 15
TECHNOLOGISTS REGISTRATION ACT 2001 16
95 Act amended in pt 9
Clause 17
This part amends the Medical Radiation Technologists Registration 18
Act 2001. 19
96 Amendment of s 42 (Procedural requirements for applications)
Clause 20
(1) Section 42(2)-- 21
renumber as section 42(4). 22
s 97 102 s 97
Health Legislation Amendment Bill 2001
(2) Section 42-- 1
insert-- 2
`(2) The approved form may require the disclosure of the applicant's 3
criminal history. 4
`(3) If the approved form requires the disclosure of the applicant's 5
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 6
does not apply to the disclosure.'. 7
97 Amendment of s 45 (Fitness to practise the profession)
Clause 8
(1) Section 45(1)(c) to (e)-- 9
omit, insert-- 10
`(c) the applicant's criminal history;'. 11
(2) Section 45(1)(f) to (i)-- 12
renumber as section 45(1)(d) to (g). 13
(3) Section 45(2)-- 14
omit, insert-- 15
`(2) When having regard to the applicant's criminal history under 16
subsection (1)(c), the board must have particular regard to the following-- 17
(a) any conviction of the applicant for an indictable offence; 18
(b) any conviction of the applicant for an offence against this Act, 19
the Health Practitioners (Professional Standards) Act 1999 or a 20
corresponding law; 21
(c) any conviction of the applicant for an offence, relating to the 22
practice of the profession-- 23
(i) against the Radiation Safety Act 1999, the Health Act 1937 24
or the Fair Trading Act 1989; or 25
(ii) against another law applying, or that applied, in the State, 26
the Commonwealth, another State or a foreign country.'. 27
(4) Section 45(3), `(1)(h)'-- 28
omit, insert-- 29
`(1)(f)'. 30
s 98 103 s 100
Health Legislation Amendment Bill 2001
(5) Section 45(4), `an'-- 1
omit, insert-- 2
`the'. 3
(6) Section 45(6)-- 4
omit, insert-- 5
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 6
apply to the asking for, or giving of, the report.'. 7
98 Amendment of s 47 (Appointment of appropriately qualified
Clause 8
person to conduct health assessment) 9
(1) Section 47(4) and (5)-- 10
renumber as section 47(6) and (7). 11
(2) Section 47-- 12
insert-- 13
`(4) If the board considers it relevant to the assessment, it may disclose 14
the applicant's criminal history to a person appointed to conduct the 15
assessment. 16
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 17
apply to the disclosure.'. 18
99 Amendment of s 74 (Procedural requirements for applications)
Clause 19
Section 74(2), `must be made'-- 20
omit, insert-- 21
`may only be decided by the board if it is received'. 22
100 Amendment of s 211 (Confidentiality of information)
Clause 23
Section 211(6), definition "information", paragraph (b), `a request under 24
section 45(4)'-- 25
omit, insert-- 26
`this Act'. 27
s 101 104 s 103
Health Legislation Amendment Bill 2001
101 Amendment of sch 3 (Dictionary)
Clause 1
Schedule 3-- 2
insert-- 3
` "criminal history", of a person, means all the following-- 4
(a) every conviction of the person for an offence, in Queensland or 5
elsewhere, and whether before or after the commencement of this 6
Act; 7
(b) every charge made against the person for an offence, in 8
Queensland or elsewhere, and whether before or after the 9
commencement of this Act.'. 10
PART 10--AMENDMENT OF MENTAL HEALTH 11
ACT 2000 12
102 Act amended in pt 10 and sch 2
Clause 13
This part and schedule 2 amend the Mental Health Act 2000. 14
103 Amendment of s 70 (Giving information about detention)
Clause 15
(1) Section 70(1), after `On'-- 16
insert-- 17
`the person'. 18
(2) Section 70(1)(c)-- 19
omit, insert-- 20
`(c) give written notice to the tribunal of the patient's detention as a 21
classified patient if-- 22
(i) the health service is a high security unit and the patient is a 23
young patient; or 24
(ii) an involuntary treatment order or forensic order is in force 25
for the patient.' 26
s 104 105 s 106
Health Legislation Amendment Bill 2001
104 Amendment of s 118 (Duration of order)
Clause 1
Section 118-- 2
insert-- 3
`(3) If the administrator of the patient's treating health service is satisfied 4
the order has ended under subsection (2), the administrator must give 5
written notice that the order has ended to-- 6
(a) the patient; and 7
(b) the patient's allied person; and 8
(c) the tribunal; and 9
(d) if, immediately before the order ended, chapter 7, part 2,27 10
applied to the patient--the director.'. 11
105 Amendment of s 129 (Authorising limited community treatment)
Clause 12
Section 129(3), all words before paragraph (a)-- 13
omit, insert-- 14
`(3) The director must not give an approval under subsection (2)(b) 15
unless the director is satisfied there is not an unacceptable risk the patient 16
would, if the treatment were undertaken in the community--'. 17
106 Replacement of s 139 (Performance of electroconvulsive therapy
Clause 18
with consent or tribunal approval) 19
Section 139, not including the note appearing at the end of the section-- 20
omit, insert-- 21
`139 Performance of electroconvulsive therapy with consent or 22
tribunal approval 23
`(1) A doctor may perform electroconvulsive therapy on a person at an 24
authorised mental health service if-- 25
(a) the person has given informed consent to the treatment; or 26
(b) the tribunal has approved the use of the treatment on the person. 27
27 Chapter 7 (Examinations, references and orders for persons charged with offences),
part 2 (Procedures for particular involuntary patients charged with offences)
s 107 106 s 108
Health Legislation Amendment Bill 2001
`(2) However, a doctor must not, under subsection (1)(b), perform 1
electroconvulsive therapy on a person who is not an involuntary patient if 2
the doctor knows the person objects to the therapy. 3
`(3) In this section-- 4
"object", for a person, means-- 5
(a) the person indicates the person does not wish to have 6
electroconvulsive therapy; or 7
(b) the person previously indicated, in similar circumstances, the 8
person did not then wish to have electroconvulsive therapy and 9
since then the person has not indicated otherwise. 10
11
Example--
12
An indication may be given in an enduring power of attorney or advance health
13
directive or in another way, including, for example, orally or by conduct.'.
107 Amendment of s 147 (Director may require reports about
Clause 14
mechanical restraint) 15
(1) Section 147, `report in the approved form'-- 16
omit, insert-- 17
`written report'. 18
(2) Section 147-- 19
insert-- 20
`(2) The report must include the information required by the director.'. 21
108 Amendment of s 160 (Director may require reports about
Clause 22
seclusions) 23
(1) Section 160, `report in the approved form'-- 24
omit, insert-- 25
`written report'. 26
(2) Section 160-- 27
insert-- 28
`(2) The report must include the information required by the director.'. 29
s 109 107 s 111
Health Legislation Amendment Bill 2001
109 Amendment of s 169 (Notice of transfer)
Clause 1
Section 169-- 2
insert-- 3
`(2) Subsection (1) does not apply if the patient is a patient detained for 4
assessment.'. 5
110 Amendment of s 203 (Decisions on review)
Clause 6
(1) Section 203(3) to (5)-- 7
renumber as section 203(5) to (7). 8
(2) Section 203-- 9
insert-- 10
`(3) Without limiting subsection (2)(a) or (b), an order under the 11
paragraph may be made subject to a condition that the patient must not 12
contact a stated person. 13
14
Examples of persons a patient must not contact--
15
1. A victim of an offence alleged to have been committed by the patient.
16
2. The spouse or a relative or dependent of the patient.
`(4) In deciding whether to make an order under subsection (2)(a) or (b), 17
the tribunal must consider whether the order should be subject to a 18
condition mentioned in subsection (3).'. 19
111 Amendment of s 204 (Restrictions on review decisions)
Clause 20
(1) Section 204(1)-- 21
omit, insert-- 22
`(1) The tribunal must not do either of the following unless it is satisfied 23
the patient does not represent an unacceptable risk to the safety of the 24
patient or others, having regard to the patient's mental illness or intellectual 25
disability-- 26
(a) revoke the forensic order for the patient; 27
(b) order or approve limited community treatment for the patient.'. 28
(2) Section 204(4), all words before paragraph (a)-- 29
omit, insert-- 30
s 112 108 s 114
Health Legislation Amendment Bill 2001
`(4) The tribunal must not order or approve limited community treatment 1
for a patient mentioned in subsection (3) unless it is satisfied there is not an 2
unacceptable risk the patient would, if the treatment were undertaken in the 3
community--'. 4
112 Amendment of s 205 (Notice of decision)
Clause 5
(1) Section 205(1)(b), (c) and (d)-- 6
renumber as section 205(1)(c), (d) and (e). 7
(2) Section 205(1)-- 8
insert-- 9
`(b) the patient's allied person;'. 10
(3) Section 205(1)(e), as renumbered, `to (c)'-- 11
omit, insert-- 12
`to (d)'. 13
113 Amendment of s 211 (Notice of hearing for review)
Clause 14
Section 211(1)-- 15
insert-- 16
`(e) if the review is to be carried out on application of a person not 17
mentioned in paragraphs (a) to (d)--the applicant.'. 18
114 Amendment of s 212 (Decision on review)
Clause 19
(1) Section 212(2)-- 20
omit, insert-- 21
`(2) If, on the last review required to be conducted under 22
section 209(1)(a) or any subsequent review, the tribunal decides the person 23
is unfit for trial, the tribunal must also decide whether the person is likely to 24
be fit for trial in a reasonable time. 25
`(3) If the tribunal decides the person is unlikely to be fit for trial in a 26
reasonable time, it must give a written report to the Attorney-General about 27
the person's mental condition.'. 28
s 115 109 s 118
Health Legislation Amendment Bill 2001
115 Amendment of s 213 (Notice of decision)
Clause 1
Section 213(1)(d)-- 2
omit, insert-- 3
`(d) if the person is a forensic patient--the patient's allied person; 4
(e) if the review was carried out on application of a person not 5
mentioned in paragraphs (a) to (d)--the applicant.'. 6
116 Amendment of s 220 (Patients to whom pt 5 applies)
Clause 7
(1) Section 220(b), after `mind'-- 8
insert-- 9
, or unfitness for trial of a permanent nature, for the patient'. 10
(2) Section 220, note, `and diminished responsibility, see section 267'-- 11
omit, insert-- 12
`, diminished responsibility and fitness for trial, see sections 267, 270 and 271'. 13
117 Amendment of s 223 (Restriction on making notification order)
Clause 14
(1) Section 223(2), example 1-- 15
omit, insert-- 16
17
1. A victim of an offence alleged to have been committed by the patient or, if the
18
victim has died as a result of the offence, a relative of the victim.
19
1A. A person who was with a victim of an offence when the offence was alleged to
20
have been committed by the patient.'.
(2) Section 223(2), examples 1A to 3-- 21
renumber as examples 2 to 4. 22
118 Amendment of s 226 (Notice of order or decision to refuse)
Clause 23
Section 226(3)-- 24
insert-- 25
`(e) the patient's allied person.'. 26
s 119 110 s 119
Health Legislation Amendment Bill 2001
119 Insertion of new ch 6 pt 5A
Clause 1
After section 228-- 2
insert-- 3
`PART 5A--NON-CONTACT ORDERS 4
`228A Application of pt 5A 5
`This part applies if, on a review of the mental condition of a person 6
charged with a personal offence, the tribunal decides to revoke a forensic 7
order made for the person. 8
`228B Tribunal may make non-contact order 9
`(1) Despite being satisfied the person does not represent an 10
unacceptable risk to the safety of others, the tribunal may make a 11
non-contact order against the person requiring any 1 or more of the 12
following-- 13
(a) the person not contact the victim of the alleged offence or, if the 14
victim has died as a result of the alleged offence, a relative of the 15
victim, for a stated time; 16
(b) the person not contact someone who was with the victim when 17
the alleged offence was committed (an "associate"), for a stated 18
time; 19
(c) the person not go to a stated place, or within a stated distance of a 20
stated place, for a stated time. 21
`(2) The time stated in the order must be a period starting when it is 22
made and ending no later than 2 years after it is made. 23
`(3) The order must state a Magistrates Court in which a copy of the 24
order is to be filed. 25
`(4) A non-contact order that relates to a victim of the alleged offence or 26
relative or associate mentioned in subsection (1)(a) or (b), is made in 27
favour of that person. 28
`(5) The tribunal's decision to make a non-contact order against the 29
person must be made as part of a review but is separate from, and not 30
material to, the decision to revoke the forensic order for the person. 31
s 119 111 s 119
Health Legislation Amendment Bill 2001
`228C Restrictions on making non-contact order 1
`(1) The tribunal may make a non-contact order against the person only 2
in favour of another person for whom a notification order is in force 3
relating to the first person. 4
`(2) The tribunal must not make a non-contact order against the person 5
unless it is satisfied it is appropriate in all the circumstances. 6
`(3) In deciding whether it is appropriate to make a non-contact order 7
against the person, the tribunal must consider-- 8
(a) the views of the following persons-- 9
(i) the victim of the alleged offence or, if the victim has died as 10
a result of the alleged offence, a relative of the victim, in 11
whose favour the tribunal is considering making the order; 12
(ii) the associate in whose favour the tribunal is considering 13
making the order; 14
(iii) the person; and 15
(b) the viability of making the order in circumstances in which 16
contact between the person and the victim, associate or relative 17
may be unavoidable; and 18
19
Example of unavoidable contact under paragraph (b)--
20
Contact may be unavoidable if the person and the victim both live in a
21
small remote community.
(c) the person's criminal history within the meaning of the Criminal 22
Law (Rehabilitation of Offenders) Act 1986; and 23
(d) the terms of any other order relating to the person and the victim, 24
associate or relative. 25
26
Examples of another order under paragraph (d)--
27
An order under the Family Law Act 1975 (Cwlth) or Domestic Violence
28
(Family Protection) Act 1989.
`228D Non-contact order and reasons to be given to particular persons 29
`If the tribunal decides to make a non-contact order against the person, 30
the tribunal must-- 31
(a) give a copy of the order to each interested person for the order 32
and the commissioner of the police service; and 33
s 119 112 s 119
Health Legislation Amendment Bill 2001
(b) give each interested person written reasons for the decision; and 1
(c) give the person against whom the order is made a written notice 2
stating-- 3
(i) the person may, within 28 days after receiving the notice, 4
appeal to the Mental Health Court against the decision; and 5
(ii) how to appeal. 6
`228E Executive officer to file non-contact order 7
`The executive officer must file a copy of the non-contact order, together 8
with the tribunal's reasons for making the order, in the Magistrates Court 9
stated in it. 10
`228F Variation and revocation of non-contact order 11
`(1) An interested person for the non-contact order or a person acting on 12
behalf of the person against whom the order is made may, at any time, 13
apply to a Magistrates Court for an order to vary or revoke the order. 14
`(2) The application must-- 15
(a) be in the form approved by the chief executive for justice; and 16
(b) state fully the grounds of the application and the facts relied on; 17
and 18
(c) be filed in the court. 19
`(3) Within 7 days after the application is filed, the registrar of the court 20
must give a copy of the application to-- 21
(a) if the application is made by an interested person--the other 22
interested persons; or 23
(b) if paragraph (a) does not apply--the interested persons. 24
`(4) The registrar of the court must give 7 days written notice of the 25
hearing of the application to the applicant and the persons given a copy of 26
the application under subsection (3). 27
`(5) Each of the persons given notice of the hearing under subsection (4) 28
is entitled to be heard at the hearing of the application. 29
s 120 113 s 120
Health Legislation Amendment Bill 2001
`(6) The court may make an order varying or revoking the non-contact 1
order only if satisfied there has been a material change in the circumstances 2
of an interested person that justifies the variation or revocation. 3
4
Example of a material change in the victim's circumstances--
5
Because of the relocation of the victim's workplace, the victim starts working in the
6
building where the person against whom the order is made works.
`(7) In deciding whether to vary or revoke the non-contact order, the 7
court must consider the reasons for the decision to make the order. 8
`(8) The registrar of the court must give a copy of the order varying or 9
revoking the non-contact order to the following persons-- 10
(a) the interested persons for the non-contact order and any other 11
person to whom a varying order relates; 12
(b) the commissioner of the police service. 13
`228G Offence to contravene requirement of non-contact order 14
`(1) The person against whom a non-contact order is made must not 15
contravene a requirement of the order. 16
Maximum penalty--40 penalty units or 1 year's imprisonment. 17
`(2) A Magistrates Court that convicts a person of an offence against 18
subsection (1) may, in addition to or instead of sentencing the person for 19
the offence, make an order varying the non-contact order. 20
`(3) If a court acts under subsection (2), the registrar of the court must 21
give a copy of the court's order to the following persons-- 22
(a) the interested persons for the non-contact order and any other 23
person to whom the varying order relates; 24
(b) the commissioner of the police service.'. 25
120 Amendment of s 232 (Notice of hearing of application)
Clause 26
(1) Section 232(2)(a) to (g)-- 27
omit, insert-- 28
(a) the person the subject of the application; 29
(b) if the person is an involuntary patient--the patient's allied 30
person; 31
s 121 114 s 122
Health Legislation Amendment Bill 2001
(c) if the person is a minor--a parent of the minor or the minor's 1
guardian; 2
(d) if the tribunal reasonably believes the person has a personal 3
attorney--the attorney; 4
(e) if the tribunal reasonably believes the person has a personal 5
guardian--the guardian; 6
(f) the administrator of the authorised mental health service 7
identified in the application as the service in which the 8
electroconvulsive therapy is to be administered; 9
(g) the applicant.'. 10
121 Amendment of s 234 (Notice of decision)
Clause 11
(1) Section 234(1)(b)-- 12
omit, insert-- 13
`(b) for an application for approval to administer electroconvulsive 14
therapy-- 15
(i) the administrator of the authorised mental health service 16
identified in the application as the service in which the 17
electroconvulsive therapy is to be administered; and 18
(ii) if the person the subject of the application is an involuntary 19
patient, the person's allied person.'. 20
(2) Section 234(4), `patient'-- 21
omit, insert-- 22
`person the subject of the application'. 23
122 Amendment of s 237 (Notice of application of part)
Clause 24
Section 237(2)(c)-- 25
omit, insert-- 26
`(c) if the patient is a forensic patient--the tribunal.'. 27
s 123 115 s 126
Health Legislation Amendment Bill 2001
123 Insertion of new s 245A
Clause 1
Chapter 7, part 2, after section 245-- 2
insert-- 3
`245A Notice if part no longer applies to forensic patient 4
`If the director becomes aware that this part no longer applies to a 5
forensic patient because the patient is not charged with a simple or 6
indictable offence, the director must give written notice of the fact to the 7
tribunal.'. 8
124 Amendment of s 248 (Notice of decision to director)
Clause 9
(1) Section 248, heading, after `director'-- 10
insert-- 11
`and tribunal'. 12
(2) Section 248, after `to the director'-- 13
insert-- 14
`and tribunal'. 15
125 Amendment of s 252 (Notice of decision to discontinue
Clause 16
proceedings) 17
Section 252(b)-- 18
omit, insert-- 19
`(b) the patient; and 20
(c) the patient's allied person; and 21
(d) if the patient is a child, the chief executive for families.'. 22
126 Replacement of s 275 (Mental Health Court may approve limited
Clause 23
community treatment) 24
Section 275-- 25
omit, insert-- 26
s 127 116 s 127
Health Legislation Amendment Bill 2001
`275 Mental Health Court may approve limited community treatment 1
`(1) The Mental Health Court may, under the order, approve limited 2
community treatment for the patient. 3
`(2) However, the Mental Health Court must not approve limited 4
community treatment unless it is satisfied the patient does not represent an 5
unacceptable risk to the safety of the patient or others, having regard to the 6
patient's mental illness or intellectual disability.'. 7
127 Amendment of s 284 (Submission and consideration of relevant
Clause 8
material by non-party) 9
(1) Section 284(1), example-- 10
omit, insert-- 11
`Example of relevant material-- 12
13
A statement by the victim of an offence that is not otherwise before the court about--
14
(a) the mental condition of the alleged offender when the offence was committed;
15
or
16
(b) the risk the victim believes the alleged offender represents to the victim or the
17
victim's family.'.
(2) Section 284-- 18
insert-- 19
`(1A) Also, for a decision about the making of a non-contact order in 20
favour of a person mentioned in section 313C(2), the court must receive in 21
evidence material giving the person's views as required under the section. 22
(3) Section 284(2), example-- 23
omit. 24
(4) Section 284-- 25
insert-- 26
`(2A) For subsection (2), the director of public prosecutions must submit 27
the material mentioned in the subsection.'. 28
(5) Section 284(1A) to (3)-- 29
renumber as section 284(2) to (5). 30
s 128 117 s 129
Health Legislation Amendment Bill 2001
128 Amendment of s 286 (Notices of decisions and orders)
Clause 1
(1) Section 286(2)-- 2
omit. 3
(2) Section 286(3)-- 4
renumber as section 286(2). 5
129 Amendment of s 289 (Mental Health Court may order, approve or
Clause 6
revoke limited community treatment) 7
(1) Section 289(4)-- 8
renumber as section 289(6). 9
(2) Section 289(2) and (3)-- 10
omit, insert-- 11
`(2) Without limiting subsection (1)(a) or (b), an order under the 12
paragraph may be made subject to a condition that the patient must not 13
contact a stated person. 14
15
Examples of persons a patient must not contact--
16
1. A victim of an offence alleged to have been committed by the patient.
17
2. The spouse or a relative or dependent of the patient.
`(3) In deciding whether to make an order under subsection (1)(a) or (b), 18
the court must consider whether the order should be subject to a condition 19
mentioned in subsection (2). 20
`(4) However, the court must not order or approve limited community 21
treatment unless it is satisfied the patient does not represent an 22
unacceptable risk to the safety of the patient or others, having regard to the 23
patient's mental illness or intellectual disability. 24
`(5) Also, the court must not order or approve limited community 25
treatment for a patient mentioned in section 288(1)(c) unless it is satisfied 26
there is not an unacceptable risk the patient would, if the treatment were 27
undertaken in the community-- 28
(a) not return to the authorised mental health service when 29
required; or 30
(b) commit an offence; or 31
(c) endanger the safety or welfare of the patient or others.'. 32
s 130 118 s 131
Health Legislation Amendment Bill 2001
130 Replacement of s 301 (Director to refer mental condition of
Clause 1
particular persons to tribunal) 2
Section 301-- 3
omit, insert-- 4
`301 Director to refer mental condition of particular persons to 5
tribunal 6
`(1) Immediately after receiving the registrar's notice, the director must 7
refer the matter of the person's mental condition to the tribunal. 8
`(2) However, this section does not apply to a person for whom a court 9
has made a custody order following a section 647 finding.'. 10
131 Insertion of new ch 7, pt 8A
Clause 11
After section 313-- 12
insert-- 13
`PART 8A--NON-CONTACT ORDERS 14
`313A Application of pt 8A 15
`This part applies if, on a reference, the Mental Health Court-- 16
(a) decides a person charged with a personal offence-- 17
(i) was of unsound mind when the alleged offence was 18
committed; or 19
(ii) is unfit for trial for the alleged offence and the unfitness for 20
trial is of a permanent nature; and 21
(b) does not make a forensic order for the person. 22
23
Note--
24
The court must have regard to the matters mentioned in section 288(3) in deciding
25
whether to make a forensic order for the person.
`313B Mental Health Court may make non-contact order 26
`(1) The Mental Health Court may make a non-contact order against the 27
person requiring any 1 or more of the following-- 28
s 131 119 s 131
Health Legislation Amendment Bill 2001
(a) the person not contact the victim of the alleged offence or, if the 1
victim has died as a result of the alleged offence, a relative of the 2
victim, for a stated time; 3
(b) the person not contact someone who was with the victim when 4
the alleged offence was committed (an "associate"), for a stated 5
time; 6
(c) the person not go to a stated place, or within a stated distance of a 7
stated place, for a stated time. 8
`(2) The time stated in the order must be a period starting when it is 9
made and ending no later than 2 years after it is made. 10
`(3) The order must state a Magistrates Court in which a copy of the 11
order is to be filed. 12
`(4) A non-contact order that relates to a victim of the alleged offence or 13
relative or associate mentioned in subsection (1)(a) or (b), is made in 14
favour of that person. 15
`(5) The court's decision to make a non-contact order against the person 16
must be made as part of the reference but is separate from, and not material 17
to, the decision whether to make a forensic order for the person. 18
`313C Restrictions on making non-contact order 19
`(1) The Mental Health Court must not make a non-contact order against 20
the person unless it is satisfied it is appropriate in all the circumstances. 21
`(2) In deciding whether it is appropriate to make a non-contact order 22
against the person, the court must consider-- 23
(a) the views of the following persons-- 24
(i) the victim of the alleged offence or, if the victim has died as 25
a result of the alleged offence, a relative of the victim, in 26
whose favour the court is considering making the order; 27
(ii) the associate in whose favour the court is considering 28
making the order; 29
(iii) the person; and 30
(b) the viability of making the order in circumstances in which 31
contact between the person and the victim, associate or relative 32
may be unavoidable; and 33
s 131 120 s 131
Health Legislation Amendment Bill 2001
1
Example of unavoidable contact under paragraph (b)--
2
Contact may be unavoidable if the person and the victim both live in a
3
small remote community.
(c) the person's criminal history within the meaning of the Criminal 4
Law (Rehabilitation of Offenders) Act 1986; and 5
(d) the terms of any other order relating to the person and the victim, 6
associate or relative. 7
8
Examples of another order under paragraph (d)--
9
An order under the Family Law Act 1975 (Cwlth) or Domestic Violence
10
(Family Protection) Act 1989.
`313D Non-contact order and reasons to be given to particular persons 11
`If the Mental Health Court decides to make a non-contact order against 12
the person, the registrar of the court must give-- 13
(a) a copy of the order, and written reasons for making the order, to 14
the interested persons for the order; and 15
(b) a copy of the order to the commissioner of the police service. 16
`313E Registrar to file non-contact order 17
`The registrar must file a copy of the non-contact order, together with the 18
Mental Health Court's reasons for making the order, in the Magistrates 19
Court stated in it. 20
`313F Variation and revocation of non-contact order 21
`(1) An interested person for the non-contact order or a person acting on 22
behalf of the person against whom the order is made may, at any time, 23
apply to a Magistrates Court for an order to vary or revoke the order. 24
`(2) The application must-- 25
(a) be in the form approved by the chief executive for justice; and 26
(b) state fully the grounds of the application and the facts relied on; 27
and 28
(c) be filed in the court. 29
`(3) Within 7 days after the application is filed, the registrar of the court 30
must give a copy of the application to-- 31
s 131 121 s 131
Health Legislation Amendment Bill 2001
(a) if the application is made by an interested person--the other 1
interested persons; or 2
(b) if paragraph (a) does not apply--the interested persons. 3
`(4) The registrar of the court must give 7 days written notice of the 4
hearing of the application to the applicant and the persons given a copy of 5
the application under subsection (3). 6
`(5) Each of the persons given notice of the hearing under subsection (4) 7
is entitled to be heard at the hearing of the application. 8
`(6) The court may make an order varying or revoking the non-contact 9
order only if satisfied there has been a material change in the circumstances 10
of an interested person that justifies the variation or revocation. 11
12
Example of a material change in the victim's circumstances--
13
Because of the relocation of the victim's workplace, the victim starts working in the
14
building where the person against whom the order is made works.
`(7) In deciding whether to vary or revoke the non-contact order, the 15
court must consider the reasons for making the order. 16
`(8) The registrar of the court must give a copy of the order varying or 17
revoking the non-contact order to the following persons-- 18
(a) the interested persons for the non-contact order and any other 19
person to whom a varying order relates; 20
(b) the commissioner of the police service. 21
`313G Offence to contravene requirement of non-contact order 22
`(1) The person against whom a non-contact order is made must not 23
contravene a requirement of the order. 24
Maximum penalty--40 penalty units or 1 year's imprisonment. 25
`(2) A Magistrates Court that convicts a person of an offence against 26
subsection (1) may, in addition to or instead of sentencing the person for 27
the offence, make an order varying the non-contact order. 28
`(3) If a court acts under subsection (2), the registrar of the court must 29
give a copy of the court's order to the following persons-- 30
(a) the interested persons for the non-contact order and any other 31
person to whom the varying order relates; 32
(b) the commissioner of the police service.'. 33
s 132 122 s 134
Health Legislation Amendment Bill 2001
132 Insertion of new ch 8, pt 1, div 1AA
Clause 1
(1) Before chapter 8, part 1, division 1-- 2
insert-- 3
`Division 1AA--Preliminary 4
`318A Definition of "patient" for pt 1 5
`In this part-- 6
"patient" includes a person who, immediately before the making of a 7
decision appealed against, was an involuntary patient.'. 8
(2) Chapter 8, part 1, divisions 1AA to 3-- 9
renumber as chapter 8, part 1, divisions 1 to 4. 10
133 Amendment of s 464 (Submission and consideration of relevant
Clause 11
material by non-party) 12
(1) Section 464-- 13
insert-- 14
`(1A) Also, for a decision about the making of a non-contact order in 15
favour of a person mentioned in section 228C(3), the tribunal must take 16
into account material giving the person's views as required under the 17
section. 18
(2) Section 464(1A) to (3)-- 19
renumber as section 464(2) to (4). 20
134 Insertion of new s 505A
Clause 21
After section 505-- 22
insert-- 23
`505A Appointment of certain health practitioners 24
`(1) The administrator of an authorised mental health service may, by 25
written instrument, appoint a person to be a health practitioner. 26
`(2) However, a person may be appointed to be a health practitioner only 27
if, in the administrator's opinion, the person has the necessary training, 28
s 135 123 s 137
Health Legislation Amendment Bill 2001
qualifications and expertise in the provision of mental health services to be 1
a health practitioner. 2
`(3) An appointment made under this section may limit the exercise of 3
the powers the person has as a health practitioner under this Act.'. 4
135 Amendment of s 555 (Involuntary treatment orders must be made
Clause 5
for particular patients) 6
(1) Section 555(4) to (6)-- 7
renumber as section 555(5) to (7). 8
(2) Section 555-- 9
insert-- 10
`(4) Subsections (5) and (6) apply to the patient if the old order is taken, 11
under this part, to have been made or confirmed by a psychiatrist.'. 12
136 Amendment of s 569 (Reviews by Patient Review Tribunal under
Clause 13
ss 15 and 21 of repealed Act) 14
(1) Section 569(1), `, 21(6)'-- 15
omit. 16
(2) Section 569(2) and (3)-- 17
renumber as section 569(3) and (4). 18
(3) Section 569-- 19
insert-- 20
`(2) However, for section 187(4) of this Act the application is taken to be 21
an application to which section 187(4)(a) does not apply.'. 22
137 Replacement of s 572 (Reviews of mental condition of persons to
Clause 23
decide fitness for trial) 24
Section 572-- 25
omit, insert-- 26
`572 Reviews of mental condition of persons to decide fitness for trial 27
`(1) This section applies if-- 28
s 137 124 s 137
Health Legislation Amendment Bill 2001
(a) under section 34(1) or (4) of the repealed Act, a Patient Review 1
Tribunal has found a person to be not fit for trial; and 2
(b) immediately before the commencement day, proceedings against 3
the person have not been discontinued. 4
`(2) The finding is taken to be a review decision of the Mental Health 5
Review Tribunal under-- 6
(a) section 212(1)--for a finding under section 34(1)(b) of the 7
repealed Act; or 8
(b) section 212(2)--for a finding under section 34(1)(c) or (4) of the 9
repealed Act. 10
`(3) For section 209(1), reviews by a Patient Review Tribunal of the 11
mental condition of the person in relation to the person's fitness for trial are 12
taken to be reviews by the Mental Health Review Tribunal of the person's 13
mental condition. 14
`(4) If the Governor in Council has, under section 34(3)(b) of the 15
repealed Act, deferred the question mentioned in the section, the deferral is 16
taken to be a deferral and order under section 214(2)(b). 17
`(5) Section 213 does not apply to the review decision. 18
`(6) For section 214, the Attorney-General is taken to have received 19
notice of the review decision on the commencement day. 20
`572A Continuing proceedings for persons found fit for trial on review 21
`(1) This section applies if-- 22
(a) under section 34(1) or (4) of the repealed Act, a Patient Review 23
Tribunal has found a person to be fit for trial; and 24
(b) immediately before the commencement day, an order that 25
proceedings against the person be continued has not been made. 26
`(2) The finding is taken to be a decision of the Mental Health Review 27
Tribunal made under section 212(1) on the commencement day. 28
`(3) However, section 213 and 218(1)(a) do not apply to the decision.'. 29
s 138 125 s 138
Health Legislation Amendment Bill 2001
138 Amendment of sch 2 (Dictionary)
Clause 1
(1) Schedule 2-- 2
insert-- 3
` "associate" for-- 4
(a) chapter 6, part 5A--see section 228B(1)(b); or 5
(b) chapter 7, part 8A--see section 313B(1)(b). 6
"contact" a person, for chapter 6, part 5A or chapter 7, part 8A, means-- 7
(a) intentionally initiate contact with the person in any way, 8
including for example, by phone, mail, fax, email or other 9
technology; or 10
(b) intentionally follow, loiter near, watch or approach the person; or 11
(c) intentionally loiter near, watch, approach or enter a place where 12
the person lives, works or visits. 13
"interested person", for a non-contact order, means any of the following 14
persons named in the order-- 15
(a) a person in whose favour the order is made; 16
(b) the person against whom the order is made. 17
"non-contact order" means an order in force under chapter 6, part 5A or 18
chapter 7, part 8A, and includes an order of a Magistrates Court 19
varying a non-contact order. 20
"personal offence" means an indictable offence committed, or alleged to 21
have been committed, against the person of someone. 22
"victim", of an alleged offence, means the person against whom the 23
alleged offence is alleged to have been committed.'. 24
(2) Schedule 2, definition "justice of the peace (qualified)"-- 25
omit, insert-- 26
` "justice of the peace" means a justice of the peace (magistrates court) or 27
a justice of the peace (qualified) under the Justices of the Peace and 28
Commissioners for Declarations Act 1991.'. 29
(3) Schedule 2, definition "health practitioner", paragraph (b)-- 30
omit, insert-- 31
`(b) a person appointed under section 505A(1).'. 32
s 139 126 s 141
Health Legislation Amendment Bill 2001
(4) Schedule 2, definition "patient", from `for chapter 10' to 1
`means--'-- 2
omit, insert-- 3
`for chapter 8, part 1--see section 318A; or 4
(b) for chapter 10, part 3--see section 351; or 5
(c) for chapter 14, part 2--see section 510; or 6
(d) for chapter 14, part 6--see section 531; or 7
(e) elsewhere--means--'. 8
PART 11--AMENDMENT OF OCCUPATIONAL 9
THERAPISTS REGISTRATION ACT 2001 10
139 Act amended in pt 11
Clause 11
This part amends the Occupational Therapists Registration Act 2001. 12
140 Amendment of s 42 (Procedural requirements for applications)
Clause 13
(1) Section 42(2)-- 14
renumber as section 42(4). 15
(2) Section 42-- 16
insert-- 17
`(2) The approved form may require the disclosure of the applicant's 18
criminal history. 19
`(3) If the approved form requires the disclosure of the applicant's 20
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 21
does not apply to the disclosure.'. 22
141 Amendment of s 45 (Fitness to practise the profession)
Clause 23
(1) Section 45(1)(c) to (e)-- 24
omit, insert-- 25
s 142 127 s 142
Health Legislation Amendment Bill 2001
`(c) the applicant's criminal history;'. 1
(2) Section 45(1)(f) to (h)-- 2
renumber as section 45(1)(d) to (f). 3
(3) Section 45(2)-- 4
omit, insert-- 5
`(2) When having regard to the applicant's criminal history under 6
subsection (1)(c), the board must have particular regard to the following-- 7
(a) any conviction of the applicant for an indictable offence; 8
(b) any conviction of the applicant for an offence against the 9
repealed Act, this Act, the Health Practitioners (Professional 10
Standards) Act 1999 or a corresponding law; 11
(c) any conviction of the applicant for an offence, relating to the 12
practice of the profession-- 13
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 14
(ii) against another law applying, or that applied, in the State, 15
the Commonwealth, another State or a foreign country.'. 16
(4) Section 45(3), `(1)(g)'-- 17
omit, insert-- 18
`(1)(e)'. 19
(5) Section 45(4), `an'-- 20
omit, insert-- 21
`the'. 22
(6) Section 45(6)-- 23
omit, insert-- 24
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 25
apply to the asking for, or giving of, the report.'. 26
142 Amendment of s 47 (Appointment of appropriately qualified
Clause 27
person to conduct health assessment) 28
(1) Section 47(4) and (5)-- 29
renumber as section 47(6) and (7). 30
s 143 128 s 145
Health Legislation Amendment Bill 2001
(2) Section 47-- 1
insert-- 2
`(4) If the board considers it relevant to the assessment, it may disclose 3
the applicant's criminal history to a person appointed to conduct the 4
assessment. 5
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 6
apply to the disclosure.'. 7
143 Amendment of s 70 (Procedural requirements for applications)
Clause 8
Section 70(2), `must be made'-- 9
omit, insert-- 10
`may only be decided by the board if it is received'. 11
144 Amendment of s 196 (Confidentiality of information)
Clause 12
Section 196(6), definition "information", paragraph (b), `a request under 13
section 45(4)'-- 14
omit, insert-- 15
`this Act'. 16
145 Amendment of sch 3 (Dictionary)
Clause 17
Schedule 3-- 18
insert-- 19
` "criminal history", of a person, means all the following-- 20
(a) every conviction of the person for an offence, in Queensland or 21
elsewhere, and whether before or after the commencement of this 22
Act; 23
(b) every charge made against the person for an offence, in 24
Queensland or elsewhere, and whether before or after the 25
commencement of this Act.'. 26
s 146 129 s 148
Health Legislation Amendment Bill 2001
PART 12--AMENDMENT OF OPTOMETRISTS 1
REGISTRATION ACT 2001 2
146 Act amended in pt 12
Clause 3
This part amends the Optometrists Registration Act 2001. 4
147 Amendment of s 42 (Procedural requirements for applications)
Clause 5
(1) Section 42(2)-- 6
renumber as section 42(4). 7
(2) Section 42-- 8
insert-- 9
`(2) The approved form may require the disclosure of the applicant's 10
criminal history. 11
`(3) If the approved form requires the disclosure of the applicant's 12
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 13
does not apply to the disclosure.'. 14
148 Amendment of s 45 (Fitness to practise the profession)
Clause 15
(1) Section 45(1)(c) to (e)-- 16
omit, insert-- 17
`(c) the applicant's criminal history;'. 18
(2) Section 45(1)(f) to (h)-- 19
renumber as section 45(1)(d) to (f). 20
(3) Section 45(2)-- 21
omit, insert-- 22
`(2) When having regard to the applicant's criminal history under 23
subsection (1)(c), the board must have particular regard to the following-- 24
(a) any conviction of the applicant for an indictable offence; 25
(b) any conviction of the applicant for an offence against the 26
repealed Act, this Act, the Health Practitioners (Professional 27
Standards) Act 1999 or a corresponding law; 28
s 149 130 s 149
Health Legislation Amendment Bill 2001
(c) any conviction of the applicant for an offence, relating to the 1
practice of the profession-- 2
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 3
(ii) against another law applying, or that applied, in the State, 4
the Commonwealth, another State or a foreign country.'. 5
(4) Section 45(3), `(1)(g)'-- 6
omit, insert-- 7
`(1)(e)'. 8
(5) Section 45(4), `an'-- 9
omit, insert-- 10
`the'. 11
(6) Section 45(6)-- 12
omit, insert-- 13
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 14
apply to the asking for, or giving of, the report.'. 15
149 Amendment of s 47 (Appointment of appropriately qualified
Clause 16
person to conduct health assessment) 17
(1) Section 47(4) and (5)-- 18
renumber as section 47(6) and (7). 19
(2) Section 47-- 20
insert-- 21
`(4) If the board considers it relevant to the assessment, it may disclose 22
the applicant's criminal history to a person appointed to conduct the 23
assessment. 24
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 25
apply to the disclosure.'. 26
s 150 131 s 154
Health Legislation Amendment Bill 2001
150 Amendment of s 70 (Procedural requirements for applications)
Clause 1
Section 70(2), `must be made'-- 2
omit, insert-- 3
`may only be decided by the board if it is received'. 4
151 Amendment of s 196 (Confidentiality of information)
Clause 5
Section 196(6), definition "information", paragraph (b), `a request under 6
section 45(4)'-- 7
omit, insert-- 8
`this Act'. 9
152 Amendment of sch 4 (Dictionary)
Clause 10
Schedule 4-- 11
insert-- 12
` "criminal history", of a person, means all the following-- 13
(a) every conviction of the person for an offence, in Queensland or 14
elsewhere, and whether before or after the commencement of this 15
Act; 16
(b) every charge made against the person for an offence, in 17
Queensland or elsewhere, and whether before or after the 18
commencement of this Act.'. 19
PART 13--AMENDMENT OF OSTEOPATHS 20
REGISTRATION ACT 2001 21
153 Act amended in pt 13
Clause 22
This part amends the Osteopaths Registration Act 2001. 23
154 Amendment of s 42 (Procedural requirements for applications)
Clause 24
(1) Section 42(2)-- 25
s 155 132 s 155
Health Legislation Amendment Bill 2001
renumber as section 42(4). 1
(2) Section 42-- 2
insert-- 3
`(2) The approved form may require the disclosure of the applicant's 4
criminal history. 5
`(3) If the approved form requires the disclosure of the applicant's 6
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 7
does not apply to the disclosure.'. 8
155 Amendment of s 45 (Fitness to practise the profession)
Clause 9
(1) Section 45(1)(c) to (e)-- 10
omit, insert-- 11
`(c) the applicant's criminal history;'. 12
(2) Section 45(1)(f) to (h)-- 13
renumber as section 45(1)(d) to (f). 14
(3) Section 45(2)-- 15
omit, insert-- 16
`(2) When having regard to the applicant's criminal history under 17
subsection (1)(c), the board must have particular regard to the following-- 18
(a) any conviction of the applicant for an indictable offence; 19
(b) any conviction of the applicant for an offence against the 20
repealed Act, this Act, the Health Practitioners (Professional 21
Standards) Act 1999 or a corresponding law; 22
(c) any conviction of the applicant for an offence, relating to the 23
practice of the profession-- 24
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 25
(ii) against another law applying, or that applied, in the State, 26
the Commonwealth, another State or a foreign country.'. 27
(4) Section 45(3), `(1)(g)'-- 28
omit, insert-- 29
`(1)(e)'. 30
(5) Section 45(4), `an'-- 31
s 156 133 s 158
Health Legislation Amendment Bill 2001
omit, insert-- 1
`the'. 2
(6) Section 45(6)-- 3
omit, insert-- 4
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 5
apply to the asking for, or giving of, the report.'. 6
156 Amendment of s 47 (Appointment of appropriately qualified
Clause 7
person to conduct health assessment) 8
(1) Section 47(4) and (5)-- 9
renumber as section 47(6) and (7). 10
(2) Section 47-- 11
insert-- 12
`(4) If the board considers it relevant to the assessment, it may disclose 13
the applicant's criminal history to a person appointed to conduct the 14
assessment. 15
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 16
apply to the disclosure.'. 17
157 Amendment of s 70 (Procedural requirements for applications)
Clause 18
Section 70(2), `must be made'-- 19
omit, insert-- 20
`may only be decided by the board if it is received'. 21
158 Amendment of s 196 (Confidentiality of information)
Clause 22
Section 196(6), definition "information", paragraph (b), `a request under 23
section 45(4)'-- 24
omit, insert-- 25
`this Act'. 26
s 159 134 s 162
Health Legislation Amendment Bill 2001
159 Amendment of s 218 (Existing registrations)
Clause 1
Section 218(2) and (3), `Subsection (5)'-- 2
omit, insert-- 3
`Subsection (4)'. 4
160 Amendment of sch 2 (Dictionary)
Clause 5
Schedule 2-- 6
insert-- 7
` "criminal history", of a person, means all the following-- 8
(a) every conviction of the person for an offence, in Queensland or 9
elsewhere, and whether before or after the commencement of this 10
Act; 11
(b) every charge made against the person for an offence, in 12
Queensland or elsewhere, and whether before or after the 13
commencement of this Act.'. 14
PART 14--AMENDMENT OF PHARMACISTS 15
REGISTRATION ACT 2001 16
161 Act amended in pt 14
Clause 17
This part amends the Pharmacists Registration Act 2001. 18
162 Amendment of s 43 (Procedural requirements for applications)
Clause 19
(1) Section 43(2)-- 20
renumber as section 43(4). 21
(2) Section 43-- 22
insert-- 23
`(2) The approved form may require the disclosure of the applicant's 24
criminal history. 25
s 163 135 s 163
Health Legislation Amendment Bill 2001
`(3) If the approved form requires the disclosure of the applicant's 1
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 2
does not apply to the disclosure.'. 3
163 Amendment of s 46 (Fitness to practise the profession)
Clause 4
(1) Section 46(1)(c) to (e)-- 5
omit, insert-- 6
`(c) the applicant's criminal history;'. 7
(2) Section 46(1)(f) to (h)-- 8
renumber as section 46(1)(d) to (f). 9
(3) Section 46(2)-- 10
omit, insert-- 11
`(2) When having regard to the applicant's criminal history under 12
subsection (1)(c), the board must have particular regard to the following-- 13
(a) any conviction of the applicant for an indictable offence; 14
(b) any conviction of the applicant for an offence against the 15
repealed Act, this Act, the Health Practitioners (Professional 16
Standards) Act 1999 or a corresponding law; 17
(c) any conviction of the applicant for an offence, relating to the 18
practice of the profession-- 19
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 20
(ii) against another law applying, or that applied, in the State, 21
the Commonwealth, another State or a foreign country.'. 22
(4) Section 46(3), `(1)(g)'-- 23
omit, insert-- 24
`(1)(e)'. 25
(5) Section 46(4), `an'-- 26
omit, insert-- 27
`the'. 28
(6) Section 46(6)-- 29
omit, insert-- 30
s 164 136 s 167
Health Legislation Amendment Bill 2001
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 1
apply to the asking for, or giving of, the report.'. 2
164 Amendment of s 51 (Appointment of appropriately qualified
Clause 3
person to conduct health assessment) 4
(1) Section 51(4) and (5)-- 5
renumber as section 51(6) and (7). 6
(2) Section 51-- 7
insert-- 8
`(4) If the board considers it relevant to the assessment, it may disclose 9
the applicant's criminal history to a person appointed to conduct the 10
assessment. 11
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 12
apply to the disclosure.'. 13
165 Amendment of s 74 (Procedural requirements for applications)
Clause 14
Section 74(2), `must be made'-- 15
omit, insert-- 16
`may only be decided by the board if it is received'. 17
166 Amendment of s 201 (Confidentiality of information)
Clause 18
Section 201(6), definition "information", paragraph (b), `a request under 19
section 46(4)'-- 20
omit, insert-- 21
`this Act'. 22
167 Amendment of sch 4 (Dictionary)
Clause 23
Schedule 4-- 24
insert-- 25
` "criminal history", of a person, means all the following-- 26
s 168 137 s 170
Health Legislation Amendment Bill 2001
(a) every conviction of the person for an offence, in Queensland or 1
elsewhere, and whether before or after the commencement of this 2
Act; 3
(b) every charge made against the person for an offence, in 4
Queensland or elsewhere, and whether before or after the 5
commencement of this Act.'. 6
PART 15--AMENDMENT OF PHYSIOTHERAPISTS 7
REGISTRATION ACT 2001 8
168 Act amended in pt 15
Clause 9
This part amends the Physiotherapists Registration Act 2001. 10
169 Amendment of s 42 (Procedural requirements for applications)
Clause 11
(1) Section 42(2)-- 12
renumber as section 42(4). 13
(2) Section 42-- 14
insert-- 15
`(2) The approved form may require the disclosure of the applicant's 16
criminal history. 17
`(3) If the approved form requires the disclosure of the applicant's 18
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 19
does not apply to the disclosure.'. 20
170 Amendment of s 45 (Fitness to practise the profession)
Clause 21
(1) Section 45(1)(c) to (e)-- 22
omit, insert-- 23
`(c) the applicant's criminal history;'. 24
(2) Section 45(1)(f) to (h)-- 25
renumber as section 45(1)(d) to (f). 26
s 171 138 s 171
Health Legislation Amendment Bill 2001
(3) Section 45(2)-- 1
omit, insert-- 2
`(2) When having regard to the applicant's criminal history under 3
subsection (1)(c), the board must have particular regard to the following-- 4
(a) any conviction of the applicant for an indictable offence; 5
(b) any conviction of the applicant for an offence against the 6
repealed Act, this Act, the Health Practitioners (Professional 7
Standards) Act 1999 or a corresponding law; 8
(c) any conviction of the applicant for an offence, relating to the 9
practice of the profession-- 10
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 11
(ii) against another law applying, or that applied, in the State, 12
the Commonwealth, another State or a foreign country.'. 13
(4) Section 45(3), `(1)(g)'-- 14
omit, insert-- 15
`(1)(e)'. 16
(5) Section 45(4), `an'-- 17
omit, insert-- 18
`the'. 19
(6) Section 45(6)-- 20
omit, insert-- 21
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 22
apply to the asking for, or giving of, the report.'. 23
171 Amendment of s 47 (Appointment of appropriately qualified
Clause 24
person to conduct health assessment) 25
(1) Section 47(4) and (5)-- 26
renumber as section 47(6) and (7). 27
(2) Section 47-- 28
insert-- 29
s 172 139 s 174
Health Legislation Amendment Bill 2001
`(4) If the board considers it relevant to the assessment, it may disclose 1
the applicant's criminal history to a person appointed to conduct the 2
assessment. 3
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 4
apply to the disclosure.'. 5
172 Amendment of s 70 (Procedural requirements for applications)
Clause 6
Section 70(2), `must be made'-- 7
omit, insert-- 8
`may only be decided by the board if it is received'. 9
173 Amendment of s 196 (Confidentiality of information)
Clause 10
Section 196(6), definition "information", paragraph (b), `a request under 11
section 45(4)'-- 12
omit, insert-- 13
`this Act'. 14
174 Amendment of sch 4 (Dictionary)
Clause 15
Schedule 4-- 16
insert-- 17
` "criminal history", of a person, means all the following-- 18
(a) every conviction of the person for an offence, in Queensland or 19
elsewhere, and whether before or after the commencement of this 20
Act; 21
(b) every charge made against the person for an offence, in 22
Queensland or elsewhere, and whether before or after the 23
commencement of this Act.'. 24
s 175 140 s 177
Health Legislation Amendment Bill 2001
PART 16--AMENDMENT OF PODIATRISTS 1
REGISTRATION ACT 2001 2
175 Act amended in pt 16
Clause 3
This part amends the Podiatrists Registration Act 2001. 4
176 Amendment of s 42 (Procedural requirements for applications)
Clause 5
(1) Section 42(2)-- 6
renumber as section 42(4). 7
(2) Section 42-- 8
insert-- 9
`(2) The approved form may require the disclosure of the applicant's 10
criminal history. 11
`(3) If the approved form requires the disclosure of the applicant's 12
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 13
does not apply to the disclosure.'. 14
177 Amendment of s 45 (Fitness to practise the profession)
Clause 15
(1) Section 45(1)(c) to (e)-- 16
omit, insert-- 17
`(c) the applicant's criminal history;'. 18
(2) Section 45(1)(f) to (h)-- 19
renumber as section 45(1)(d) to (f). 20
(3) Section 45(2)-- 21
omit, insert-- 22
`(2) When having regard to the applicant's criminal history under 23
subsection (1)(c), the board must have particular regard to the following-- 24
(a) any conviction of the applicant for an indictable offence; 25
(b) any conviction of the applicant for an offence against the 26
repealed Act, this Act, the Health Practitioners (Professional 27
Standards) Act 1999 or a corresponding law; 28
s 178 141 s 178
Health Legislation Amendment Bill 2001
(c) any conviction of the applicant for an offence, relating to the 1
practice of the profession-- 2
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 3
(ii) against another law applying, or that applied, in the State, 4
the Commonwealth, another State or a foreign country.'. 5
(4) Section 45(3), `(1)(g)'-- 6
omit, insert-- 7
`(1)(e)'. 8
(5) Section 45(4), `an'-- 9
omit, insert-- 10
`the'. 11
(6) Section 45(6)-- 12
omit, insert-- 13
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 14
apply to the asking for, or giving of, the report.'. 15
178 Amendment of s 47 (Appointment of appropriately qualified
Clause 16
person to conduct health assessment) 17
(1) Section 47(4) and (5)-- 18
renumber as section 47(6) and (7). 19
(2) Section 47-- 20
insert-- 21
`(4) If the board considers it relevant to the assessment, it may disclose 22
the applicant's criminal history to a person appointed to conduct the 23
assessment. 24
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 25
apply to the disclosure.'. 26
s 179 142 s 183
Health Legislation Amendment Bill 2001
179 Amendment of s 70 (Procedural requirements for applications)
Clause 1
Section 70(2), `must be made'-- 2
omit, insert-- 3
`may only be decided by the board if it is received'. 4
180 Amendment of s 196 (Confidentiality of information)
Clause 5
Section 196(6), definition "information", paragraph (b), `a request under 6
section 45(4)'-- 7
omit, insert-- 8
`this Act'. 9
181 Amendment of sch 4 (Dictionary)
Clause 10
Schedule 4-- 11
insert-- 12
` "criminal history", of a person, means all the following-- 13
(a) every conviction of the person for an offence, in Queensland or 14
elsewhere, and whether before or after the commencement of this 15
Act; 16
(b) every charge made against the person for an offence, in 17
Queensland or elsewhere, and whether before or after the 18
commencement of this Act.'. 19
PART 17--AMENDMENT OF PRIVATE HEALTH 20
FACILITIES ACT 1999 21
182 Act amended in pt 17
Clause 22
This part amends the Private Health Facilities Act 1999. 23
183 Amendment of s 13 (Suitability of persons)
Clause 24
Section 13(2)(e) and (f)-- 25
s 184 143 s 187
Health Legislation Amendment Bill 2001
omit, insert-- 1
`(e) whether the person held any of the following that was suspended 2
or cancelled-- 3
(i) an authority; 4
(ii) a licence under the repealed division; 5
(iii) the equivalent of an authority under a corresponding law; 6
(f) if the person is a corporation, whether any of the corporation's 7
executive officers held any of the following that was suspended 8
or cancelled-- 9
(i) an authority; 10
(ii) a licence under the repealed division; 11
(iii) the equivalent of an authority under a corresponding law;'. 12
184 Amendment of s 80 (Grounds for suspension or cancellation)
Clause 13
Section 80(3)(c), before `has otherwise taken'-- 14
insert-- 15
`as a debtor,'. 16
185 Amendment of s 81 (Show cause notice)
Clause 17
Section 81(2)(d), `stating'-- 18
omit. 19
186 Amendment of s 87 (Appointment and qualifications)
Clause 20
Section 87(1), `, other than a police officer,'-- 21
omit. 22
187 Amendment of s 106 (Tampering with seized things)
Clause 23
Section 106(2), penalty, `for subsection (2)'-- 24
omit. 25
s 188 144 s 190
Health Legislation Amendment Bill 2001
188 Amendment of s 125 (Compliance notices)
Clause 1
Section 125(2), after `chief health officer'-- 2
insert-- 3
`or authorised person'. 4
189 Amendment of s 142 (Responsibility for acts or omissions
Clause 5
of representatives) 6
Section 142(4), definition "state of mind", `of a person'-- 7
omit, insert-- 8
`, of a person,'. 9
190 Insertion of new s 143A
Clause 10
Part 11-- 11
insert-- 12
`143A Authority holder to notify chief executive of certain events 13
`(1) An authority holder must give the chief executive notice, in the 14
approved form, of the happening of any of the following events within 15
21 days of becoming aware of the event happening-- 16
(a) the authority holder, or an associate of the authority holder, is 17
affected by bankruptcy action, or control action under the 18
Corporations Act; 19
(b) any of the following persons is convicted of an indictable offence 20
or an offence against a corresponding law-- 21
(i) the authority holder; 22
(ii) an associate of the authority holder; 23
(iii) if the authority holder is a corporation, an executive officer 24
of the authority holder; 25
(c) the equivalent of an authority under a corresponding law, held by 26
the authority holder or an associate of the authority holder, is 27
suspended or cancelled; 28
(d) if the authority holder is an individual who jointly holds the 29
authority with 1 or more other individuals, the other individual or 30
any of the other individuals dies. 31
s 191 145 s 192
Health Legislation Amendment Bill 2001
Maximum penalty--50 penalty units. 1
`(2) For subsection (1)(a), an authority holder or an associate of an 2
authority holder is affected by bankruptcy action if the authority holder or 3
associate-- 4
(a) is bankrupt; or 5
(b) has compounded with creditors; or 6
(c) as a debtor, has otherwise taken, or applied to take, advantage of 7
any law about bankruptcy. 8
`(3) For subsection (1)(a), an authority holder or an associate of an 9
authority holder is affected by control action under the Corporations Act if 10
the authority holder or associate-- 11
(a) has executed a deed of company arrangement under that Act; or 12
(b) is the subject of a winding-up (whether voluntarily or under a 13
court order) under that Act; or 14
(c) is the subject of an appointment of an administrator, liquidator, 15
receiver or receiver and manager under that Act.'. 16
PART 18--AMENDMENT OF PSYCHOLOGISTS 17
REGISTRATION ACT 2001 18
191 Act amended in pt 18
Clause 19
This part amends the Psychologists Registration Act 2001. 20
192 Amendment of s 42 (Procedural requirements for applications)
Clause 21
(1) Section 42(2)-- 22
renumber as section 42(4). 23
(2) Section 42-- 24
insert-- 25
`(2) The approved form may require the disclosure of the applicant's 26
criminal history. 27
s 193 146 s 193
Health Legislation Amendment Bill 2001
`(3) If the approved form requires the disclosure of the applicant's 1
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 2
does not apply to the disclosure.'. 3
193 Amendment of s 45 (Fitness to practise the profession)
Clause 4
(1) Section 45(1)(c) to (e)-- 5
omit, insert-- 6
`(c) the applicant's criminal history;'. 7
(2) Section 45(1)(f) to (h)-- 8
renumber as section 45(1)(d) to (f). 9
(3) Section 45(2)-- 10
omit, insert-- 11
`(2) When having regard to the applicant's criminal history under 12
subsection (1)(c), the board must have particular regard to the following-- 13
(a) any conviction of the applicant for an indictable offence; 14
(b) any conviction of the applicant for an offence against the 15
repealed Act, this Act, the Health Practitioners (Professional 16
Standards) Act 1999 or a corresponding law; 17
(c) any conviction of the applicant for an offence, relating to the 18
practice of the profession-- 19
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 20
(ii) against another law applying, or that applied, in the State, 21
the Commonwealth, another State or a foreign country.'. 22
(4) Section 45(3), `(1)(g)'-- 23
omit, insert-- 24
`(1)(e)'. 25
(5) Section 45(4), `an'-- 26
omit, insert-- 27
`the'. 28
(6) Section 45(6)-- 29
omit, insert-- 30
s 194 147 s 197
Health Legislation Amendment Bill 2001
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 1
apply to the asking for, or giving of, the report.'. 2
194 Amendment of s 47 (Appointment of appropriately qualified
Clause 3
person to conduct health assessment) 4
(1) Section 47(4) and (5)-- 5
renumber as section 47(6) and (7). 6
(2) Section 47-- 7
insert-- 8
`(4) If the board considers it relevant to the assessment, it may disclose 9
the applicant's criminal history to a person appointed to conduct the 10
assessment. 11
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 12
apply to the disclosure.'. 13
195 Amendment of s 76 (Procedural requirements for applications)
Clause 14
Section 76(2), `must be made'-- 15
omit, insert-- 16
`may only be decided by the board if it is received'. 17
196 Amendment of s 212 (Confidentiality of information)
Clause 18
Section 212(6), definition "information", paragraph (b), `a request under 19
section 45(4)'-- 20
omit, insert-- 21
`this Act'. 22
197 Amendment of sch 3 (Dictionary)
Clause 23
Schedule 3-- 24
insert-- 25
` "criminal history", of a person, means all the following-- 26
s 198 148 s 200
Health Legislation Amendment Bill 2001
(a) every conviction of the person for an offence, in Queensland or 1
elsewhere, and whether before or after the commencement of this 2
Act; 3
(b) every charge made against the person for an offence, in 4
Queensland or elsewhere, and whether before or after the 5
commencement of this Act.'. 6
PART 19--AMENDMENT OF QUEENSLAND 7
INSTITUTE OF MEDICAL RESEARCH ACT 1945 8
198 Act amended in pt 19
Clause 9
This part amends the Queensland Institute of Medical Research 10
Act 1945. 11
199 Replacement of s 1 (Short title and construction)
Clause 12
Section 1-- 13
omit, insert-- 14
`1 Short title 15
`This Act may be cited as the Queensland Institute of Medical Research 16
Act 1945.'. 17
200 Amendment of s 2 (Interpretation)
Clause 18
(1) Section 2, heading-- 19
omit, insert-- 20
`2 Definitions'. 21
(2) Section 2, definition "Director", from `, but' to `Associate 22
Director'-- 23
omit. 24
(3) Section 2, definition "National Health and Medical Research 25
Council", from `of the Commonwealth'-- 26
omit, insert-- 27
s 201 149 s 202
Health Legislation Amendment Bill 2001
`established under the National Health and Medical Research Council 1
Act 1992 (Cwlth).'. 2
201 Replacement of s 5 (Membership of Council)
Clause 3
Section 5-- 4
omit, insert-- 5
`5 Membership of Council 6
`The Council consists of the following members appointed by the 7
Governor in Council-- 8
(a) the chief health officer (an "official member"); 9
(b) the chairperson of the Trust (also an "official member"); 10
(c) 2 nominees of the National Health and Medical Research 11
Council, at least 1 of whom has expertise in health research; 12
(d) 1 nominee of the senate of The University of Queensland; 13
(e) 1 person with expertise in health research; 14
(f) 1 medical practitioner with expertise in health research; 15
(g) 1 person with expertise in health ethics; 16
(h) 1 lawyer; 17
(i) 2 persons with expertise in financial management, business or 18
public administration.'. 19
202 Amendment of s 5A (Nominee Council members)
Clause 20
(1) Section 5A(1)-- 21
omit, insert-- 22
`(1) This section applies if an entity is to nominate a person for 23
membership of the Council under section 5(c) or (d).'. 24
(2) Section 5A(2), (3) and (6), `or body'-- 25
omit. 26
s 203 150 s 205
Health Legislation Amendment Bill 2001
203 Amendment of 7 (Quorum of Council)
Clause 1
(1) Section 7, heading, after `Council'-- 2
insert-- 3
`and member acting as chairperson'. 4
(2) Section 7(1)-- 5
omit, insert-- 6
`(1) A quorum for the Council is the number equal to one-half of the 7
number of its members for the time being holding office or, if one-half is 8
not a whole number, the next highest whole number.'. 9
(3) Section 7, heading before subsection (2)-- 10
omit. 11
204 Amendment of s 8 (Meetings of Council)
Clause 12
(1) Section 8(1)-- 13
omit. 14
(2) Section 8(2), `thereafter'-- 15
omit. 16
(3) Section 8(6), `regulation,'-- 17
omit. 18
205 Amendment of s 8C (Term of office of members of Trust)
Clause 19
(1) Section 8C(1)-- 20
omit. 21
(2) Section 8C(2), `subsequent'-- 22
omit. 23
(3) Section 8C(4), from `the Minister' to `appointment'-- 24
omit. 25
s 206 151 s 210
Health Legislation Amendment Bill 2001
206 Amendment of s 8F (Meetings of Trust)
Clause 1
(1) Section 8F(1)-- 2
omit. 3
(2) Section 8F(2), `thereafter'-- 4
omit. 5
207 Amendment of s 11A (Appointment of personnel for joint
Clause 6
research projects) 7
(1) Section 11A(1), `with the approval of the Governor in Council'-- 8
omit. 9
(2) Section 11A(2)-- 10
omit, insert-- 11
`(2) The Council may decide the period and terms of the appointment.'. 12
208 Replacement of s 12 (Power of Council to secure assistance from
Clause 13
Government departments) 14
Section 12-- 15
omit, insert-- 16
`12 Council may obtain assistance from departments 17
`The Council may make arrangements with the chief executive of a 18
department to use the services of officers of, and other persons employed 19
in, the department.'. 20
209 Amendment of s 13A (Budget)
Clause 21
Section 13A(4) to (7)-- 22
omit. 23
210 Amendment of s 14 (Gifts, devises and bequests)
Clause 24
(1) Section 14(1A)-- 25
omit. 26
s 211 152 s 214
Health Legislation Amendment Bill 2001
(2) Section 14(3), from `, or the' to `may be,'-- 1
omit. 2
211 Amendment of s 15 (Requirements in respect of property given,
Clause 3
devised or bequeathed) 4
Section 15(3)(a), `Minister'-- 5
omit, insert-- 6
`Council'. 7
212 Omission of s 17 (Entities to cooperate in medical science
Clause 8
research) 9
Section 17-- 10
omit. 11
213 Amendment of s 21 (Governor in Council may make regulations)
Clause 12
(1) Section 21(1)-- 13
omit, insert-- 14
`(1) The Governor in Council may make regulations under this Act.'. 15
(2) Section 21(1A)(e)-- 16
omit. 17
(3) Section 21, heading before subsection (2)-- 18
omit. 19
(4) Section 21(2), `$20'-- 20
omit, insert-- 21
`5 penalty units'. 22
214 Insertion of new s 22
Clause 23
After section 21-- 24
insert-- 25
s 215 153 s 217
Health Legislation Amendment Bill 2001
`22 Transitional provision for Health Legislation Amendment 1
Act 2001 2
`The members of the Council holding office immediately before the 3
commencement of this section cease to hold office on the commencement.'. 4
PART 20--AMENDMENT OF SPEECH PATHOLOGISTS 5
REGISTRATION ACT 2001 6
215 Act amended in pt 20
Clause 7
This part amends the Speech Pathologists Registration Act 2001. 8
216 Amendment of s 42 (Procedural requirements for applications)
Clause 9
(1) Section 42(2)-- 10
renumber as section 42(4). 11
(2) Section 42-- 12
insert-- 13
`(2) The approved form may require the disclosure of the applicant's 14
criminal history. 15
`(3) If the approved form requires the disclosure of the applicant's 16
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 17
does not apply to the disclosure.'. 18
217 Amendment of s 45 (Fitness to practise the profession)
Clause 19
(1) Section 45(1)(c) to (e)-- 20
omit, insert-- 21
`(c) the applicant's criminal history;'. 22
(2) Section 45(1)(f) to (h)-- 23
renumber as section 45(1)(d) to (f). 24
(3) Section 45(2)-- 25
omit, insert-- 26
s 218 154 s 218
Health Legislation Amendment Bill 2001
`(2) When having regard to the applicant's criminal history under 1
subsection (1)(c), the board must have particular regard to the following-- 2
(a) any conviction of the applicant for an indictable offence; 3
(b) any conviction of the applicant for an offence against the 4
repealed Act, this Act, the Health Practitioners (Professional 5
Standards) Act 1999 or a corresponding law; 6
(c) any conviction of the applicant for an offence, relating to the 7
practice of the profession-- 8
(i) against the Health Act 1937 or the Fair Trading Act 1989; or 9
(ii) against another law applying, or that applied, in the State, 10
the Commonwealth, another State or a foreign country.'. 11
(4) Section 45(3), `(1)(g)'-- 12
omit, insert-- 13
`(1)(e)'. 14
(5) Section 45(4), `an'-- 15
omit, insert-- 16
`the'. 17
(6) Section 45(6)-- 18
omit, insert-- 19
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 20
apply to the asking for, or giving of, the report.'. 21
218 Amendment of s 47 (Appointment of appropriately qualified
Clause 22
person to conduct health assessment) 23
(1) Section 47(4) and (5)-- 24
renumber as section 47(6) and (7). 25
(2) Section 47-- 26
insert-- 27
`(4) If the board considers it relevant to the assessment, it may disclose 28
the applicant's criminal history to a person appointed to conduct the 29
assessment. 30
s 219 155 s 221
Health Legislation Amendment Bill 2001
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 1
apply to the disclosure.'. 2
219 Amendment of s 70 (Procedural requirements for applications)
Clause 3
Section 70(2), `must be made'-- 4
omit, insert-- 5
`may only be decided by the board if it is received'. 6
220 Amendment of s 196 (Confidentiality of information)
Clause 7
Section 196(6), definition "information", paragraph (b), `a request under 8
section 45(4)'-- 9
omit, insert-- 10
`this Act'. 11
221 Amendment of sch 3 (Dictionary)
Clause 12
Schedule 3-- 13
insert-- 14
` "criminal history", of a person, means all the following-- 15
(a) every conviction of the person for an offence, in Queensland or 16
elsewhere, and whether before or after the commencement of this 17
Act; 18
(b) every charge made against the person for an offence, in 19
Queensland or elsewhere, and whether before or after the 20
commencement of this Act.'. 21
s 222 156 s 224
Health Legislation Amendment Bill 2001
PART 21--AMENDMENT OF TRANSPLANTATION AND 1
ANATOMY ACT 1979 2
222 Act amended in pt 21 and sch 3
Clause 3
This part and schedule 3 amend the Transplantation and Anatomy Act 4
1979. 5
223 Insertion of new s 2
Clause 6
After section 1-- 7
insert-- 8
`2 Act binds all persons 9
`(1) This Act binds all persons including the State. 10
`(2) Subsection (1) does not make the State liable to be prosecuted for an 11
offence.'. 12
224 Amendment of s 22 (Authority to remove tissue where body of
Clause 13
deceased in a hospital) 14
(1) Section 22(1) to (3)-- 15
omit, insert-- 16
`(1) Subsection (2) applies if-- 17
(a) the body of a deceased person is in a hospital; and 18
(b) it appears to a designated officer for the hospital, after making 19
reasonable inquiries, that the deceased person had not, during his 20
or her lifetime, expressed an objection to the removal after death 21
of tissue from his or her body; and 22
(c) the senior available next of kin of the deceased person has 23
consented to the removal of tissue from the body of the deceased 24
person for-- 25
(i) transplanting it to the body of a living person; or 26
(ii) use of the tissue for other therapeutic purposes or for other 27
medical or scientific purposes. 28
s 225 157 s 225
Health Legislation Amendment Bill 2001
`(2) The designated officer may, by signed writing, authorise the removal 1
of tissue from the body of the deceased person under the consent.'. 2
(2) Section 22(4), `(1)(a)'-- 3
omit, insert-- 4
`(1)(c)'. 5
(3) Section 22(6), `(1)'-- 6
omit, insert-- 7
`(1)(c)'. 8
(4) Section 22(4) to (6)-- 9
renumber as section 22(3) to (5). 10
(5) After section 22(5), as renumbered-- 11
insert-- 12
`(6) A consent under subsection (1)(c), and a communication under 13
subsection (3) by the senior available next of kin, must be in writing. 14
`(7) However, if it is not practicable for the consent or communication to 15
be given in writing because of the circumstances in which it is given, it may 16
be given orally. 17
`(8) If the consent or communication is given orally under 18
subsection (7), the designated officer must ensure that, as soon as 19
practicable-- 20
(a) the fact of the giving of the consent or communication and the 21
details of the consent or communication are reduced to writing 22
and placed on the deceased person's hospital records; and 23
(b) reasonable attempts are made to have the consent or 24
communication confirmed in writing by the senior available next 25
of kin. 26
`(9) The designated officer must ensure that a document obtained under 27
subsection (6) or (8)(b) is placed on the deceased person's hospital records 28
as soon as practicable. 29
`(10) Subsection (8) does not affect the operation of subsection (7).'. 30
225 Amendment of s 24 (Consent by coroner)
Clause 31
Section 24(3), `22(6)'-- 32
s 226 158 s 227
Health Legislation Amendment Bill 2001
omit, insert-- 1
`22(5)'. 2
226 Amendment of s 25 (Effect of authority under this part)
Clause 3
Section 25, from `authority--'-- 4
omit, insert-- 5
`authority for the purpose stated in the authority.'. 6
227 Amendment of s 26 (Authority for post-mortem where body of
Clause 7
deceased in hospital) 8
(1) Section 26(1) to (3)-- 9
omit, insert-- 10
`(1) Subsection (2) applies if-- 11
(a) the body of a deceased person is in a hospital; and 12
(b) it appears to a designated officer for the hospital, after making 13
reasonable inquiries, that the deceased person had not during, his 14
or her lifetime, expressed an objection to a post-mortem 15
examination of his or her body; and 16
(c) the senior available next of kin of the deceased person has 17
consented to a post-mortem examination of the body of the 18
deceased person. 19
`(2) The designated officer may, by signed writing, authorise a 20
post-mortem examination of the body of the deceased person.'. 21
(2) Section 26(4) to (6)-- 22
renumber as section 26(3) to (5). 23
(3) After section 26(5), as renumbered-- 24
insert-- 25
`(6) A consent under subsection (1)(c), and a communication under 26
subsection (3) by the senior available next of kin, must be in writing. 27
`(7) However, if it is not practicable for the consent or communication to 28
be given in writing because of the circumstances in which it is given, it may 29
be given orally. 30
s 228 159 s 229
Health Legislation Amendment Bill 2001
`(8) If the consent or communication is given orally under 1
subsection (7), the designated officer must ensure that, as soon as 2
practicable-- 3
(a) the fact of the giving of the consent or communication and the 4
details of the consent or communication are reduced to writing 5
and placed on the deceased person's hospital records; and 6
(b) reasonable attempts are made to have the consent or 7
communication confirmed in writing by the senior available next 8
of kin. 9
`(9) The designated officer must ensure that a document obtained under 10
subsection (6) or (8)(b) is placed on the deceased person's hospital records 11
as soon as practicable. 12
`(10) Subsection (8) does not affect the operation of subsection (7).'. 13
228 Amendment of s 28 (Consent by coroner)
Clause 14
Section 28(3), `26(6)'-- 15
omit, insert-- 16
`26(5)'. 17
229 Amendment of s 29 (Effect of authority under this part)
Clause 18
(1) Section 29(1)(b), before `to remove'-- 19
insert-- 20
`for that purpose,'. 21
(2) Section 29(2) and (3)-- 22
omit, insert-- 23
`(2) An authority under this part is sufficient authority for the use, for 24
medical purposes or scientific purposes, of tissue removed from the body 25
of the deceased person for the examination, if the tissue is specimen tissue. 26
`(3) An examination order made by a coroner is authority for the use, for 27
medical purposes or scientific purposes, of tissue removed from the body 28
of the deceased person for the examination, if the tissue is specimen tissue. 29
`(4) Subsection (3) does not apply if a coroner orders that specimen 30
tissue must not be used under the subsection. 31
s 230 160 s 230
Health Legislation Amendment Bill 2001
`(5) Subsections (3) and (4) apply despite any provision of the Coroners 1
Act 1958 that has the effect of requiring specimen tissue to be preserved for 2
any period. 3
`(6) Subsections (3) to (5) do not prevent a coroner deciding, under the 4
Coroners Act 1958, when material that is specimen tissue need no longer 5
be preserved for that Act. 6
`(7) This section does not prevent tissue removed from the body of a 7
deceased person for the purpose of an examination conducted under 8
subsection (1), or under an examination order, being used for the purpose 9
of the examination. 10
`(8) In this section-- 11
"coroner" means a coroner under the Coroners Act 1958. 12
"examination order" means an order made under the Coroners Act 1958, 13
section 18(1), (2) or (3), requiring the making of a post mortem 14
examination of the body, or a special examination of parts or contents 15
of the body, of a deceased person. 16
"medical purposes" does not include therapeutic purposes. 17
"specimen tissue"-- 18
(a) means-- 19
(i) a small sample of tissue kept in the form of a tissue block or 20
tissue slide prepared to enable the microscopic examination 21
of the tissue; or 22
(ii) tissue taken from the tissue block; and 23
(b) does not include tissue that is, or is a large proportion of the 24
totality of, an organ of a human body or human foetus.'. 25
230 Amendment of s 31 (Authority for anatomy where body of
Clause 26
deceased in a hospital) 27
(1) Section 31(1) and (2)-- 28
omit, insert-- 29
`(1) Subsection (2) applies if-- 30
(a) the body of a deceased person is in a hospital; and 31
(b) it appears to a designated officer for the hospital, after making 32
reasonable inquiries, that the deceased person had not, during his 33
s 231 161 s 232
Health Legislation Amendment Bill 2001
or her lifetime, expressed an objection to the retention after the 1
person's death of his or her body for-- 2
(i) anatomical examination; or 3
(ii) use of the body for the study and teaching of the anatomy of 4
the human body; and 5
(c) the senior available next of kin of the deceased person has 6
consented to the retention of the body of the deceased person for 7
any of the purposes mentioned in paragraph (b). 8
`(2) The designated officer may, by signed writing, authorise the 9
retention and use of the body of the deceased person under the consent.'. 10
(2) Section 31(3), `subsection (1)(a)'-- 11
omit, insert-- 12
`subsection (1)(b)'. 13
(3) After section 31(4)-- 14
insert-- 15
`(5) A consent under subsection (1)(c), and a communication under 16
subsection (3) by the senior available next of kin, must be in writing. 17
`(6) The designated officer must ensure that a document obtained under 18
subsection (5) is placed on the deceased person's hospital records as soon 19
as practicable.'. 20
231 Amendment of s 34 (Consent by coroner)
Clause 21
Section 34(2), `31(1)'-- 22
omit, insert-- 23
`31(2)'. 24
232 Amendment of s 35 (Effect of authority under this part)
Clause 25
Section 35, from `made for'-- 26
omit, insert-- 27
`, by the school of anatomy for the purpose stated in the authority.'. 28
s 233 162 s 234
Health Legislation Amendment Bill 2001
233 Insertion of new s 42A
Clause 1
After section 42-- 2
insert-- 3
`42A Person who owns a prescribed tissue bank may charge amount to 4
recover certain costs 5
`(1) A person who owns a tissue bank prescribed under a regulation may 6
charge an amount to recover the person's reasonable costs associated with 7
removing, evaluating, processing, storing and distributing donated tissue. 8
`(2) A person does not commit an offence against section 42(1) merely 9
by charging an amount under subsection (1). 10
`(3) A person does not commit an offence against section 40(1) merely 11
by paying an amount charged under subsection (1). 12
`(4) A regulation may regulate the charging of an amount under 13
subsection (1). 14
`(5) An amount charged contrary to the regulation is not charged under 15
subsection (1). 16
`(6) In this section-- 17
"distributing" means distributing from the tissue bank. 18
"donated tissue" means tissue removed under a consent or authority under 19
this Act. 20
"owns" includes controls. 21
"processing" means processing at the tissue bank. 22
"storing" means storing at the tissue bank. 23
"tissue bank" means a facility at which donated tissue is stored.'. 24
234 Amendment of s 48 (Offences in relation to removal of tissue)
Clause 25
(1) Section 48(1), penalty-- 26
omit, insert-- 27
`Maximum penalty--100 penalty units or 1 year's imprisonment.'. 28
(2) Section 48(2), penalty-- 29
omit, insert-- 30
`Maximum penalty--100 penalty units or 1 year's imprisonment.'. 31
s 235 163 s 235
Health Legislation Amendment Bill 2001
235 Insertion of new ss 49A to 49C
Clause 1
After section 49-- 2
insert-- 3
`49A Reprisal and grounds for reprisals 4
`(1) A person must not cause, or attempt or conspire to cause, detriment 5
to another person in retaliation because, or in the belief that-- 6
(a) anybody has provided information about an alleged offence 7
against this Act to a person for the purpose of having the alleged 8
offence investigated or prosecuted; or 9
(b) anybody has given, or may give, evidence to a court in 10
proceedings for an offence against this Act. 11
`(2) An attempt to cause detriment includes an attempt to induce a 12
person to cause detriment. 13
`(3) A contravention of subsection (1) is a reprisal or the taking of a 14
reprisal. 15
`(4) A ground mentioned in subsection (1) as the ground for a reprisal is 16
the unlawful ground for the reprisal. 17
`(5) For the contravention to happen, it is sufficient if the unlawful 18
ground is a substantial ground for the act or omission that is the reprisal, 19
even if there is another ground for the act or omission. 20
`49B Offence for taking reprisal 21
`A person who takes a reprisal commits an offence. 22
Maximum penalty--167 penalty units or 2 years imprisonment. 23
`49C Damages entitlement for reprisal 24
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 25
damages to any person who suffers detriment as a result. 26
`(2) Any appropriate remedy that may be granted by a court for a tort 27
may be granted by a court for the taking of a reprisal. 28
`(3) If the claim for damages goes to trial in the Supreme Court or the 29
District Court, it must be decided by a judge sitting without a jury.'. 30
s 236 164 s 237
Health Legislation Amendment Bill 2001
236 Insertion of new pt 10
Clause 1
After section 52-- 2
insert-- 3
`PART 10--TRANSITIONAL PROVISION FOR HEALTH 4
LEGISLATION AMENDMENT ACT 2001 5
`53 Dealing with certain bodies and tissue from commencement 6
of this section 7
`(1) This section applies if, immediately before the commencement of 8
this section-- 9
(a) an authority mentioned in section 25, 29(1) or 35 of the 10
pre-amended Act was in force in relation to the body of a person 11
who was deceased at that time or tissue removed from the body; 12
or 13
(b) an authority mentioned in section 29(2), or an authority under 14
section 29(3), of the pre-amended Act applied to tissue that had 15
been removed from the body of a deceased person. 16
`(2) From the commencement of this section, the body or tissue may 17
only be used under this Act to the extent it could lawfully have been used 18
under the post-amended Act if the post-amended Act were in force at the 19
time the authority first had effect. 20
`(3) In this section-- 21
"post-amended Act" means this Act as in force from the commencement 22
of this section. 23
"pre-amended Act" means this Act as in force before the commencement 24
of this section.'. 25
PART 22--OTHER AMENDMENTS OF ACTS 26
237 Amendment of Acts in sch 4
Clause 27
Schedule 4 amends the Acts mentioned in it. 28
165
Health Legislation Amendment Bill 2001
SCHEDULE 1 1
AMENDMENT OF FOOD ACT 1981 2
section 24 3
1 Section 7, `appliance' and `appliances'-- 4
omit, insert-- 5
`equipment'. 6
2 Part 4, heading, `PREMISES'-- 7
omit, insert-- 8
`STORES'. 9
3 Part 4, heading, `APPLIANCES'-- 10
omit, insert-- 11
`EQUIPMENT'. 12
4 Section 20-- 13
omit. 14
5 Section 21, `appliance' and `appliances'-- 15
omit, insert-- 16
`equipment'. 17
6 Section 21(2), `subsection (1), of'-- 18
omit, insert-- 19
`subsection (1),' 20
166
Health Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
7 Section 21(2)(a), from `or preparation' to `supplying'-- 1
omit, insert-- 2
`or handling'. 3
8 Section 21(2)(b) and (c) and (3), from `or preparation' to 4
`conveying'-- 5
omit, insert-- 6
`or handling'. 7
9 Section 21(11)(c)(i), (ii) and (iii), from `or preparation' to `for 8
sale'-- 9
omit, insert-- 10
`or handling for sale'. 11
10 Section 25-- 12
omit. 13
11 Section 26(2), `appliance'-- 14
omit, insert-- 15
`equipment'. 16
12 Section 28(1)(a) and (e), from `or prepared' to `supplied'-- 17
omit, insert-- 18
`or handled'. 19
13 Section 28(1)(a)(ii), from `or preparation' to `supplying'-- 20
omit, insert-- 21
`or handling'. 22
167
Health Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
14 Section 28(1)(a)(iv), `conveyance'-- 1
omit, insert-- 2
`transporting'. 3
15 Section 28(1)(b), from `or preparing' to `conveying'-- 4
omit, insert-- 5
`or handling'. 6
16 Section 28(1)(e), `conveyance'-- 7
omit, insert-- 8
`transporting'. 9
17 Section 28(7), from `or prepared' to `conveyed'-- 10
omit, insert-- 11
`or handled'. 12
18 Section 33(2), definition "prescribed number", paragraph (b), `an 13
appliance'-- 14
omit, insert-- 15
`equipment'. 16
19 Section 33(2), definition "prescribed number", paragraph (e), 17
`conveyance'-- 18
omit, insert-- 19
`transporting'. 20
20 Section 44(4)-- 21
omit. 22
168
Health Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
21 Section 49(1)(b), `exercised due diligence'-- 1
omit, insert-- 2
`exercised all due diligence'. 3
22 Section 52(5)(b)(ii), `exercised due diligence'-- 4
omit, insert-- 5
`exercised all due diligence'. 6
23 Section 55(1)(h)(ii), `appliance'-- 7
omit, insert-- 8
`equipment'. 9
24 Section 55(1)(h)(iii), `prepared or packed'-- 10
omit, insert-- 11
`handled'. 12
25 Section 55(1)(i)(ii), from `or packing' to `conveying'-- 13
omit, insert-- 14
`or handling'. 15
26 Section 55(1)(i)(iii), `used for the preparation'-- 16
omit, insert-- 17
`used for the handling'. 18
27 Section 55(1)(i)(iii), from `intended'-- 19
omit, insert-- 20
`intended for sale;'. 21
169
Health Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
28 Section 55(1)(j), `prepared for sale, conveyed'-- 1
omit. 2
29 Section 57(2)(d), `appliances'-- 3
omit, insert-- 4
`equipment'. 5
30 Schedule 1 as renumbered, sections 4, 9, 13 and 19, `appliances'-- 6
omit, insert-- 7
`equipment'. 8
31 Schedule 1 as renumbered, section 9, from `preparation' to 9
`conveying'-- 10
omit, insert-- 11
`handling'. 12
32 Schedule 1 as renumbered, section 10, `the preparation of'-- 13
omit, insert-- 14
`handling'. 15
33 Schedule 1 as renumbered, section 11, from `prepared' to 16
`conveyed'-- 17
omit, insert-- 18
`handled'. 19
34 Schedule 1 as renumbered, section 13, `wholesomeness and 20
purity'-- 21
omit, insert-- 22
`safety and suitability'. 23
170
Health Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
35 Schedule 1 as renumbered, section 13, before paragraph (a), from 1
`preparation' to `conveying'-- 2
omit, insert-- 3
`handling'. 4
36 Schedule 1 as renumbered, section 13(a), (b), (e), (j) and (k), from 5
`prepared' to `conveyed'-- 6
omit, insert-- 7
`handled'. 8
37 Schedule 1 as renumbered, section 13(c), from `preparation' to 9
`conveying'-- 10
omit, insert-- 11
`handling'. 12
38 Schedule 1 as renumbered, section 14(j), `or supply'-- 13
omit. 14
39 Schedule 1 as renumbered, section 19, from `preparing' to 15
`conveying'-- 16
omit, insert-- 17
`handling'. 18
40 Schedule 1 as renumbered, section 23, from `prepared' to 19
`conveyed'-- 20
omit, insert-- 21
`handled'. 22
171
Health Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
41 Schedule 1 as renumbered, section 24, `conveyance'-- 1
omit, insert-- 2
`transportation'. 3
42 Schedule 1 as renumbered, section 25, `preparation'-- 4
omit, insert-- 5
`handling'. 6
43 Schedule 1 as renumbered, section 26, from `preparation' to 7
`conveying'-- 8
omit, insert-- 9
`handling'. 10
44 Schedule 1 as renumbered, section 29, `prepared'-- 11
omit, insert-- 12
`handled'. 13
172
Health Legislation Amendment Bill 2001
SCHEDULE 2 1
AMENDMENT OF MENTAL HEALTH ACT 2000 2
section 102 3
1 Sections 27(1) and (2)(a)(ii), 28(1) and 29(2), `justice of the peace 4
(qualified)'-- 5
omit, insert-- 6
`justice of the peace'. 7
2 Section 112(2), `for the patient's treating health service'-- 8
omit. 9
3 Section 193, heading, `to transfer'-- 10
omit. 11
4 Section 224(1), `section 222'-- 12
omit, insert-- 13
`section 221'. 14
5 Sections 229(1), 233(2) and 447(1)(b), `an involuntary patient'-- 15
omit, insert-- 16
`a person'. 17
6 Sections 229(1)(a) and (b) and 233(2)(a), `patient'-- 18
omit, insert-- 19
`person'. 20
173
Health Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
7 Sections 229(1)(a), 233(2)(b) and 448(b), `patient's'-- 1
omit, insert-- 2
`person's'. 3
8 Section 229(3)-- 4
omit, insert-- 5
`(3) On making the application, the psychiatrist must tell the following 6
about the application-- 7
(a) if the person is an involuntary patient--the patient and the 8
patient's allied person; 9
(b) otherwise--the person.'. 10
9 Section 320(c), after `director'-- 11
insert-- 12
`, other than if the decision is a decision to make a non-contact order'. 13
10 Section 322(1)(b) and (2)(c), after `director'-- 14
insert-- 15
`, other than if the decision appealed against is a decision to make a 16
non-contact order'. 17
11 Section 323(5)-- 18
omit. 19
12 Section 326-- 20
insert-- 21
`(2) However, subsection (1)(b) and (c) does not apply if the decision 22
appealed against is a decision to make a non-contact order.'. 23
174
Health Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
13 Section 331, after `appeal'-- 1
insert-- 2
`, other than an appeal against a decision to make a non-contact order'. 3
14 Section 337(3) to (6)-- 4
renumber as section 337(4) to (7). 5
15 Section 337-- 6
insert-- 7
`(3) However, subsection (2)(a) and (c) do not apply if the decision 8
appealed against is a decision to make a non-contact order.'. 9
16 Section 499(1)(a), `a public sector'-- 10
omit, insert-- 11
`an authorised'. 12
17 Chapter 13, part 4, heading, after `DOCTORS'-- 13
insert-- 14
`AND APPOINTED HEALTH PRACTITIONERS'. 15
18 Section 506-- 16
omit, insert-- 17
`506 Register of authorised doctors and certain health practitioners. 18
`The administrator of an authorised mental health service must keep a 19
register of-- 20
(a) authorised doctors for the health service; and 21
(b) health practitioners appointed by the administrator under 22
section 505A.'. 23
175
Health Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
19 Section 512(3), `authorised mental health practitioner'-- 1
omit, insert-- 2
`authorised person'. 3
20 After section 554-- 4
insert-- 5
`Division 2A--Provisions about involuntary treatment orders taken to 6
have been made under this part.'. 7
176
Health Legislation Amendment Bill 2001
SCHEDULE 3 1
AMENDMENT OF TRANSPLANTATION AND 2
ANATOMY ACT 1979 3
section 222 4
1 Section 12(a), at the end-- 5
insert-- 6
`and'. 7
2 Section 24(1)(a), at the end-- 8
insert-- 9
`or'. 10
3 Section 28(1)(a), at the end-- 11
insert-- 12
`or'. 13
4 Section 34(1)(a), at the end-- 14
insert-- 15
`or'. 16
5 Section 42(1)(a), at the end-- 17
insert-- 18
`or'. 19
177
Health Legislation Amendment Bill 2001
SCHEDULE 3 (continued)
6 Section 48(1)(a), (b), (c)(ii), (d), (e)(i) and (e), at the end-- 1
insert-- 2
`or'. 3
7 Section 49(3)(a), (b), (c) and (d), at the end-- 4
insert-- 5
`or'. 6
178
Health Legislation Amendment Bill 2001
SCHEDULE 4 1
AMENDMENT OF VARIOUS ACTS 2
section 237 3
HEALTH RIGHTS COMMISSION ACT 1991 4
1 Section 3(1), definition "disciplinary body", paragraph (e), 5
`Practitioner'-- 6
omit, insert-- 7
`Practitioners'. 8
2 Schedule 1, part 2, section 2, `1989'-- 9
omit, insert-- 10
`1995'. 11
NURSING ACT 1992 12
1 Section 2-- 13
omit. 14
179
Health Legislation Amendment Bill 2001
SCHEDULE 4 (continued)
TOBACCO AND OTHER SMOKING PRODUCTS 1
(PREVENTION OF SUPPLY TO CHILDREN) ACT 1998 2
1 Schedule, definition "prohibition sign", `tobacco'-- 3
omit, insert-- 4
`smoking'. 5
6
© State of Queensland 2001
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