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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Health Legislation (Restriction
on Use of Cosmetic Surgery
for Children and Another
Measure) Amendment Bill
2008
Queensland
Health Legislation (Restriction on Use of
Cosmetic Surgery for Children and
Another Measure) Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Public Health Act 2005
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 7 (How object is mainly achieved) . . . . . . . . . . . 4
5 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter 5A Performance of cosmetic procedures on
children
213A Definition for ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
213B Offence to perform, or offer to perform, cosmetic
procedure on a child. . . . . . . . . . . . . . . . . . . . . . . . . . 6
213C Offence to procure, or offer to procure, performance
of cosmetic procedure on a child . . . . . . . . . . . . . . . . 7
213D Chief executive may report contravention . . . . . . . . . 7
6 Amendment of s 385 (Power to enter places) . . . . . . . . . . . . . . . 8
7 Insertion of new s 390A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
390A Power to enter place to monitor compliance with ch
5A .................................. 8
8 Insertion of new ch 12, pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Insertion of new ch 12, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 2 Transitional provision for Health Legislation
(Restriction on Use of Cosmetic Surgery for
Children and Another Measure) Amendment
Act 2008
492 When prohibition on performing cosmetic
procedures on children does not apply . . . . . . . . . . . 9
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Contents
10 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Amendment of Radiation Safety Act 1999
11 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of pt 6, div 8 hdg (Banned radiation sources) . . . . . 10
13 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
47A Banning of certain radiation practices . . . . . . . . . . . . 10
Part 4 Amendment of Dental Practitioners Registration Act 2001
14 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Amendment of s 45 (Fitness to practise the profession) . . . . . . . 11
Part 5 Amendment of Medical Practitioners Registration Act 2001
16 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Amendment of s 45 (Fitness to practise the profession) . . . . . . . 12
18 Amendment of s 150D (Suitability of proposed non-practising
registrant) ..................................... 12
Page 2
2008
A Bill
for
An Act to amend the Public Health Act 2005, the Radiation
Safety Act 1999, the Dental Practitioners Registration Act 2001
and the Medical Practitioners Registration Act 2001 for
particular purposes
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Health Legislation (Restriction 4
on Use of Cosmetic Surgery for Children and Another 5
Measure) Amendment Act 2008. 6
Clause 2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Public Health 9
Act 2005 10
Clause 3 Act amended in pt 2 11
This part amends the Public Health Act 2005. 12
Clause 4 Amendment of s 7 (How object is mainly achieved) 13
(1) Section 7-- 14
insert-- 15
`(da) restricting the performance of cosmetic procedures on 16
children; and'. 17
(2) Section 7(da) to (h)-- 18
renumber as section 7(e) to (i). 19
Page 4
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 2 Amendment of Public Health Act 2005
[s 5]
Clause 5 Insertion of new ch 5A 1
After chapter 5-- 2
insert-- 3
`Chapter 5A Performance of cosmetic 4
procedures on children 5
`213A Definition for ch 5A 6
`In this chapter-- 7
cosmetic procedure means any of the following-- 8
(a) a procedure involving the removal of excess skin or fat 9
from, or the reshaping of, a part of the human body, 10
including the following-- 11
· abdominoplasty, also known as a tummy tuck; 12
· blepharoplasty, also known as eyelid surgery; 13
· brachioplasty, also known as an arm lift; 14
· foreheadplasty, also known as a brow lift; 15
· liposuction or liposculpture; 16
· rhytidectomy, also known as a face lift; 17
· thighplasty, also known as a thigh lift; 18
· torsoplasty, also known as a body lift; 19
(b) a procedure involving resurfacing of the skin by 20
removing the epidermis and penetrating the papillary 21
dermis; 22
(c) a surgical procedure involving the insertion of facial 23
contour implants; 24
(d) a surgical procedure involving the alteration of the 25
breast to improve its shape, size or position, known as 26
mammaplasty; 27
(e) a surgical procedure involving the alteration of the chin 28
to improve its shape or size, known as genioplasty; 29
Page 5
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 2 Amendment of Public Health Act 2005
[s 5]
(f) a procedure involving the injection of a 1
non-biodegradable substance under the skin to improve 2
its volume, known as permanent injectable fillers; 3
(g) a surgical procedure involving the alteration of the nose 4
to improve its shape or size, known as rhinoplasty; 5
(h) a procedure involving the attachment of a layer of 6
porcelain to the front surface of a tooth, known as a 7
porcelain veneer; 8
(i) another procedure prescribed under a regulation. 9
`213B Offence to perform, or offer to perform, cosmetic 10
procedure on a child 11
`(1) A person must not perform, or offer to perform, a cosmetic 12
procedure on a child. 13
Maximum penalty--2000 penalty units or 2 years 14
imprisonment. 15
`(2) A person does not commit an offence against subsection (1) if 16
the person believes, on grounds that are reasonable in the 17
circumstances, that performance of the procedure is in the 18
best interests of the child. 19
`(3) Proof that the person did not have sufficient regard to any of 20
the following matters is sufficient proof that the person did not 21
have the belief mentioned in subsection (2)-- 22
(a) if the child is able to form and express views--the views 23
of the child, including the reasons why the child wants 24
the procedure to be performed, taking into account the 25
child's maturity and understanding of the procedure, 26
including the risks, limitations and possible 27
consequences of the procedure; 28
(b) to the extent it is practicable for the person to consult a 29
parent of the child--the views of the parent, including 30
whether the parent supports the procedure being 31
performed on the child; 32
Page 6
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 2 Amendment of Public Health Act 2005
[s 5]
(c) the child's physical health, including whether 1
performance of the procedure would correct a growth or 2
congenital abnormality or the physical effect of a 3
medical condition, illness or trauma; 4
(d) the child's psychological health, including whether the 5
effect of performing the procedure on the child is likely 6
to be positive; 7
(e) the timing of the procedure, including whether waiting 8
until the child is an adult would be better than 9
performing the procedure now. 10
`(4) The application of the Criminal Code, section 282 is subject 11
to this section. 12
`(5) In this section-- 13
parent see section 159(1) and (3)(a) and (b). 14
`213C Offence to procure, or offer to procure, performance 15
of cosmetic procedure on a child 16
`A person must not, for a fee or other reward, procure, or offer 17
to procure, the performance by someone else of a cosmetic 18
procedure on a child. 19
Maximum penalty--2000 penalty units or 2 years 20
imprisonment. 21
Example-- 22
A doctor sees a child as a patient and receives a fee for the consultation. 23
The child has a cleft lip and palate. Acting in the normal course of 24
practising his or her profession, the doctor refers the child to a head and 25
neck surgeon without receiving a fee for the referral. The doctor does 26
not commit an offence against this section. 27
`213D Chief executive may report contravention 28
`(1) If the chief executive considers a person has contravened 29
section 213B or 213C, the chief executive may report the 30
alleged contravention to a relevant entity. 31
`(2) In this section-- 32
Page 7
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 2 Amendment of Public Health Act 2005
[s 6]
relevant entity means-- 1
(a) the Health Quality and Complaints Commission under 2
the Health Quality and Complaints Commission Act 3
2006; or 4
(b) a board under the Health Practitioners (Professional 5
Standards) Act 1999; or 6
(c) the Queensland Nursing Council under the Nursing Act 7
1992; or 8
(d) another entity that has the power under an Act of the 9
State, the Commonwealth or another State to deal with 10
the matter.'. 11
Clause 6 Amendment of s 385 (Power to enter places) 12
Section 385(1)(d), `or 390'-- 13
omit, insert-- 14
`, 390 or 390A'. 15
Clause 7 Insertion of new s 390A 16
Chapter 9, part 2, division 1-- 17
insert-- 18
`390A Power to enter place to monitor compliance with ch 19
5A 20
`(1) This section applies if an authorised person reasonably 21
believes a cosmetic procedure is being, or has been, 22
performed on a child at a place. 23
`(2) The authorised person may enter the place to monitor a 24
person's compliance with chapter 5A if the place is open for 25
carrying on business or otherwise open for entry. 26
`(3) The authorised person-- 27
(a) must advise the person in charge of the place at least 24 28
hours before the entry; and 29
Page 8
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 2 Amendment of Public Health Act 2005
[s 8]
(b) must not do anything that adversely affects the privacy 1
of a person undergoing, or waiting to undergo, a 2
cosmetic procedure. 3
`(4) In this section-- 4
cosmetic procedure see section 213A.'. 5
Clause 8 Insertion of new ch 12, pt 1 hdg 6
Chapter 12, before section 462-- 7
insert-- 8
`Part 1 Savings and transitional 9
provisions for Act No. 48 of 10
2005'. 11
Clause 9 Insertion of new ch 12, pt 2 12
Chapter 12, after section 491-- 13
insert-- 14
`Part 2 Transitional provision for 15
Health Legislation (Restriction 16
on Use of Cosmetic Surgery for 17
Children and Another Measure) 18
Amendment Act 2008 19
`492 When prohibition on performing cosmetic 20
procedures on children does not apply 21
`(1) Section 213B does not apply to a person who performs a 22
cosmetic procedure on a child within 3 months after the 23
commencement if the person agreed before the 24
commencement, in the normal course of the person's 25
business, to perform the procedure on the particular child. 26
`(2) In this section-- 27
Page 9
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 3 Amendment of Radiation Safety Act 1999
[s 10]
commencement means the commencement of this section. 1
cosmetic procedure see section 213A.'. 2
Clause 10 Amendment of sch 2 (Dictionary) 3
Schedule 2-- 4
insert-- 5
`cosmetic procedure, for chapter 5A, see section 213A.'. 6
Part 3 Amendment of Radiation 7
Safety Act 1999 8
Clause 11 Act amended in pt 3 9
This part amends the Radiation Safety Act 1999. 10
Clause 12 Amendment of pt 6, div 8 hdg (Banned radiation sources) 11
Part 6, division 8, heading, after `sources'-- 12
insert-- 13
`and radiation practices'. 14
Clause 13 Insertion of new s 47A 15
Part 6, division 8-- 16
insert-- 17
`47A Banning of certain radiation practices 18
`(1) A person in possession of a prescribed radiation source must 19
not allow a radiation practice to be carried out that exposes 20
another person prescribed under a regulation to radiation 21
emitted from the source in the circumstances prescribed under 22
a regulation. 23
Page 10
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 4 Amendment of Dental Practitioners Registration Act 2001
[s 14]
Maximum penalty--400 penalty units. 1
`(2) For this section, a solarium is taken to be a radiation 2
apparatus. 3
Note-- 4
A radiation apparatus is a radiation source (see schedule 2, definition 5
radiation source). 6
`(3) In this section-- 7
prescribed radiation source means-- 8
(a) a solarium; or 9
(b) another radiation source prescribed under a regulation. 10
solarium means an electrically powered apparatus designed to 11
produce tanning of human skin by exposure of the skin to 12
non-ionising radiation emitted by the apparatus.'. 13
Part 4 Amendment of Dental 14
Practitioners Registration Act 15
2001 16
Clause 14 Act amended in pt 4 17
This part amends the Dental Practitioners Registration Act 18
2001. 19
Clause 15 Amendment of s 45 (Fitness to practise the profession) 20
Section 45(2)-- 21
insert-- 22
`(d) any conviction of the applicant for an offence against the 23
Public Health Act 2005, section 213B.'. 24
Page 11
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Part 5 Amendment of Medical Practitioners Registration Act 2001
[s 16]
Part 5 Amendment of Medical 1
Practitioners Registration Act 2
2001 3
Clause 16 Act amended in pt 5 4
This part amends the Medical Practitioners Registration Act 5
2001. 6
Clause 17 Amendment of s 45 (Fitness to practise the profession) 7
Section 45(2)-- 8
insert-- 9
`(d) any conviction of the applicant for an offence against the 10
Public Health Act 2005, section 213B.'. 11
Clause 18 Amendment of s 150D (Suitability of proposed 12
non-practising registrant) 13
(1) Section 150D(1)-- 14
insert-- 15
`(ca) any conviction of the applicant for an offence against the 16
Public Health Act 2005, section 213B;'. 17
(2) Section 150D(1)(ca) to (e)-- 18
renumber as section 150D(1)(d) to (f). 19
© State of Queensland 2008
Page 12
AMENDMENTS TO BILL
Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another
Measure) Amendment Bill 2008
Health Legislation (Restriction on Use of
Cosmetic Surgery for Children and
Another Measure) Amendment Bill 2008
Amendments agreed to during Consideration
1 Clause 5 (Insertion of new ch 5A)
At page 5, line 7, before `In'--
insert--
`(1)'.
2 Clause 5 (Insertion of new ch 5A)
Page 6, line 9--
omit, insert--
`(i) another procedure prescribed under a regulation to be a
cosmetic procedure for this chapter.
`(2) However, a reference to a cosmetic procedure does not
include a procedure prescribed under a regulation not to be a
cosmetic procedure for this chapter.
`(3) The Minister must not recommend to the Governor in Council
the making of a regulation under subsection (2) unless the
Minister is satisfied that--
(a) performance of the procedure on a child is unlikely to
compromise the health or safety of the child; and
(b) the procedure is routinely performed with minimal
adverse outcomes.
`(4) A regulation under subsection (1), definition cosmetic
procedure, paragraph (i) or under subsection (2) may
prescribe a procedure subject to stated conditions or in stated
circumstances.'.
© State of Queensland 2008
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