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Queensland
Water Fluoridation Bill 2008
Queensland
Water Fluoridation Bill 2008
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Object
4 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Interpretation
5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Meaning of relevant public potable water supply . . . . . . . . . . . . . 9
Part 3 Fluoridation of public potable water supplies
7 Requirement to add fluoride to relevant public potable water
supply ......................................... 9
8 Exemption from requirement to add fluoride to relevant public
potable water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 When applicant not required to comply with s 7. . . . . . . . . . . . . . 11
10 Minister may refuse vexatious application . . . . . . . . . . . . . . . . . . 11
11 Discretion to add fluoride to other public potable water supply . . 11
12 Requirements relating to the addition of fluoride to public
potable water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Notification of intention to add fluoride to public potable water
supply ......................................... 12
14 Only certain persons may add fluoride to a public potable water
supply ......................................... 13
Part 4 Noncompliance with requirement to add fluoride to relevant
public potable water supply
15 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Representations about show cause notices . . . . . . . . . . . . . . . . . 14
17 Minister may seek committee's advice . . . . . . . . . . . . . . . . . . . . . 14
Water Fluoridation Bill 2008
Contents
18 Basis for decision not to take proposed action . . . . . . . . . . . . . . . 14
19 Ending show cause process without further action . . . . . . . . . . . 15
20 Deciding to take proposed action . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 How Minister may take proposed action. . . . . . . . . . . . . . . . . . . . 15
22 Recovery of Minister's costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 5 Monitoring and enforcement
Division 1 Authorised persons
Subdivision 1 Preliminary
24 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Functions of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 2 Appointment of authorised persons
26 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 17
28 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 18
30 When authorised person ceases to hold office . . . . . . . . . . . . . . 18
31 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Powers of authorised persons
Subdivision 1 Entry of places
33 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2 Procedure for entry
34 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Application by electronic communication and duplicate warrant . 22
38 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 3 General powers
40 General powers after entering places. . . . . . . . . . . . . . . . . . . . . . 25
41 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 4 Power to seize evidence
43 Seizing evidence at a place that may be entered without
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Water Fluoridation Bill 2008
Contents
44 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 5 Dealing with seized things
45 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
48 Authorised person may require thing's return. . . . . . . . . . . . . . . . 30
49 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Power of destruction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 6 Power to obtain information
54 Power to require production of documents . . . . . . . . . . . . . . . . . . 33
55 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . 34
Division 3 Remedial notices
57 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
58 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
59 Authorised person may issue remedial notice . . . . . . . . . . . . . . . 35
60 Chief executive may take action if remedial notice not complied
with ........................................... 36
61 Recovery of chief executive's costs . . . . . . . . . . . . . . . . . . . . . . . 36
62 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4 General enforcement matters
Subdivision 1 Notice of damage and compensation
63 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
64 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 2 Other matters
65 Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 39
68 Impersonating authorised person. . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 6 Analysis of things or samples
Division 1 State analysts and approval of laboratories
69 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 40
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Water Fluoridation Bill 2008
Contents
70 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
71 When State analyst ceases to hold office . . . . . . . . . . . . . . . . . . 40
72 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
73 Chief executive may approve laboratory. . . . . . . . . . . . . . . . . . . . 41
Division 2 Other matters about analysis of things or samples
74 Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
75 Certificate must indicate methodology used. . . . . . . . . . . . . . . . . 42
Part 7 Queensland Fluoridation Committee
Division 1 Establishment and functions
76 Establishment of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
77 Committee's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2 Membership
78 Membership of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
79 Nominee committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
80 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
81 Remuneration of appointed members . . . . . . . . . . . . . . . . . . . . . 45
82 Committee's chairperson and deputy chairperson . . . . . . . . . . . . 45
Division 3 Committee business
83 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 8 Evidence and legal proceedings
Division 1 Application
84 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2 Evidentiary aids
85 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
86 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
87 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 3 Offence proceedings
88 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
89 Allegations of false or misleading information or document . . . . . 48
90 Responsibility for acts or omissions of representative . . . . . . . . . 48
91 Executive officers must ensure corporation complies with Act. . . 49
Part 9 Matters relating to liability and indemnity
Division 1 Liability
92 Contravention of this Act does not create civil cause of action . . 50
93 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 50
94 Protection from civil rights and remedies . . . . . . . . . . . . . . . . . . . 50
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Water Fluoridation Bill 2008
Contents
95 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 2 Indemnity for public potable water suppliers
96 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
97 Minister etc. may elect to be joined as a party . . . . . . . . . . . . . . . 51
98 Effect of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 10 Miscellaneous
99 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
100 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 11 Repeal
101 Repeal of Fluoridation of Public Water Supplies Act 1963 . . . . . . 53
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Page 5
2008
A Bill
for
An Act to provide for the fluoridation of public potable water
supplies, and for related purposes
Water Fluoridation Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Water Fluoridation Act 2008. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State. 9
(2) However, nothing in this Act makes the State liable to be 10
prosecuted for an offence. 11
Division 2 Object 12
4 Object of Act 13
(1) The object of this Act is to promote good oral health in 14
Queensland by the safe fluoridation of public potable water 15
supplies. 16
(2) The object is to be achieved by requiring the safe fluoridation 17
of relevant public potable water supplies and authorising the 18
safe fluoridation of other public potable water supplies. 19
Page 8
Water Fluoridation Bill 2008
Part 2 Interpretation
[s 5]
Part 2 Interpretation 1
5 Definitions 2
The dictionary in the schedule defines particular words used 3
in this Act. 4
6 Meaning of relevant public potable water supply 5
(1) Relevant public potable water supply means a public potable 6
water supply supplying potable water to at least 1000 7
members of the public. 8
(2) For subsection (1), the number of members of the public 9
being supplied potable water by a public potable water supply 10
is to be worked out by reference to the results of the most 11
recent Census of Population and Housing published by the 12
Australian Bureau of Statistics. 13
(3) For subsection (1), the number of members of the public who 14
are actually being supplied with potable water from the public 15
potable water supply at any particular time is irrelevant. 16
Part 3 Fluoridation of public potable 17
water supplies 18
7 Requirement to add fluoride to relevant public potable 19
water supply 20
A public potable water supplier for a relevant public potable 21
water supply must add fluoride to the water supply within the 22
period prescribed under a regulation. 23
Note-- 24
1 For the consequences of contravening this provision, see part 4. 25
2 Section 12 contains requirements about adding fluoride to a 26
relevant public potable water supply. 27
Page 9
Water Fluoridation Bill 2008
Part 3 Fluoridation of public potable water supplies
[s 8]
8 Exemption from requirement to add fluoride to relevant 1
public potable water supply 2
(1) A public potable water supplier for a relevant public potable 3
water supply may apply in writing to the Minister for an 4
exemption from the requirement under section 7 to add 5
fluoride to the water supply on any of the following 6
grounds-- 7
(a) the water supply contains naturally occurring fluoride at 8
an average concentration that is within the minimum 9
and maximum concentrations prescribed under a 10
regulation or above that maximum concentration; 11
(b) because of the natural water chemistry of the water 12
supply, fluoride can not be maintained at an average 13
concentration that is within the minimum and maximum 14
concentrations prescribed under a regulation; 15
(c) both of the following apply-- 16
(i) the addition of fluoride to the water supply is 17
unlikely to result in a substantial ongoing oral 18
health benefit to the community, or part of the 19
community, of the area serviced by the water 20
supply; 21
(ii) the number of members of the public who consume 22
water from the water supply is less than 1000. 23
(2) The applicant must give the Minister the information the 24
Minister reasonably requires to decide the application. 25
(3) The Minister must, as soon as practicable after receiving the 26
application, give a copy of the application to the committee. 27
(4) The committee must, within 90 days after receiving the copy, 28
give a written advice to the Minister about the merits of the 29
application. 30
(5) The Minister must consider the application and the 31
committee's advice and either grant, or refuse to grant, the 32
application. 33
(6) If the Minister reasonably believes the ground for the 34
application exists, the Minister must give the exemption. 35
Page 10
Water Fluoridation Bill 2008
Part 3 Fluoridation of public potable water supplies
[s 9]
(7) The exemption may be given on reasonable conditions. 1
(8) The Minister must give the applicant notice of the Minister's 2
decision on the application. 3
9 When applicant not required to comply with s 7 4
(1) The applicant is not required to comply with section 7, in 5
relation to the relevant public potable water supply, pending 6
the Minister's decision on the application. 7
(2) Also, if the Minister refuses to grant the application, the 8
applicant is not required to comply with section 7, in relation 9
to the relevant public potable water supply, until 1 year after 10
notice of the Minister's decision on the application is given to 11
the applicant. 12
(3) An exemption given under section 8 applies for a period of 5 13
years after the notice of the Minister's decision on the 14
application is given to the applicant. 15
10 Minister may refuse vexatious application 16
(1) This section applies if the Minister reasonably believes an 17
application for exemption made under section 8 is vexatious. 18
(2) The Minister may refuse the application without referring it to 19
the committee under section 8(3). 20
(3) Neither section 9(1) or (2) applies in relation to an application 21
refused under this section and section 7 continues to apply at 22
all times to the applicant. 23
(4) The Minister must give notice of the refusal to the applicant. 24
11 Discretion to add fluoride to other public potable water 25
supply 26
A public potable water supplier for a public potable water 27
supply, other than a relevant public potable water supply, may 28
add fluoride to the public potable water supply. 29
Page 11
Water Fluoridation Bill 2008
Part 3 Fluoridation of public potable water supplies
[s 12]
Note-- 1
Section 12 contains requirements about adding fluoride to a public 2
potable water supply. 3
12 Requirements relating to the addition of fluoride to public 4
potable water supply 5
A public potable water supplier for a public potable water 6
supply that adds fluoride to the public potable water supply 7
must-- 8
(a) add the fluoride in a form prescribed under a regulation; 9
and 10
(b) comply with the requirements prescribed under a 11
regulation relating to the addition of fluoride to, and the 12
maintaining of fluoride in, a public potable water 13
supply. 14
Note-- 15
For the consequences of contravening this provision, see part 5, division 16
3. 17
13 Notification of intention to add fluoride to public potable 18
water supply 19
(1) A public potable water supplier for a public potable water 20
supply must, at least 30 days before adding fluoride to the 21
water supply-- 22
(a) give a fluoridation notice to the chief executive; and 23
(b) publish the fluoridation notice at least once in a 24
newspaper circulating in the area of the State serviced 25
by the water supply. 26
(2) In this section-- 27
fluoridation notice means a notice stating that the public 28
potable water supplier intends to add fluoride to the public 29
potable water supply from a stated day. 30
Page 12
Water Fluoridation Bill 2008
Part 4 Noncompliance with requirement to add fluoride to relevant public potable water
supply
[s 14]
14 Only certain persons may add fluoride to a public potable 1
water supply 2
A person must not add fluoride to a public potable water 3
supply unless the person is-- 4
(a) a public potable water supplier for the water supply; or 5
(b) an employee or agent of the water supplier acting under 6
the water supplier's authority; or 7
(c) acting under section 21 or 60. 8
Maximum penalty--100 penalty units. 9
Part 4 Noncompliance with 10
requirement to add fluoride to 11
relevant public potable water 12
supply 13
15 Show cause notice 14
(1) If the Minister believes a public potable water supplier for a 15
relevant public potable water supply is not complying with the 16
requirement under section 7 to add fluoride to the water 17
supply, the Minister may give the water supplier a notice (a 18
show cause notice) under this section. 19
(2) The show cause notice must state the following-- 20
(a) the Minister believes the public potable water supplier is 21
not complying with the requirement, under section 7, to 22
add fluoride to the relevant public potable water supply; 23
(b) the Minister proposes to take action (the proposed 24
action) to have fluoride added to the water supply; 25
(c) an invitation to the water supplier to show within a 26
stated period (the show cause period) why the proposed 27
action should not be taken. 28
Page 13
Water Fluoridation Bill 2008
Part 4 Noncompliance with requirement to add fluoride to relevant public potable water
supply
[s 16]
(3) Without limiting subsection (2)(b), the proposed action may 1
be the provision of equipment and materials for the purpose of 2
effectively and efficiently adding fluoride to the relevant 3
public potable water supply. 4
(4) The show cause period must be a period ending not less than 5
28 days after the show cause notice is given to the public 6
potable water supplier. 7
16 Representations about show cause notices 8
(1) The public potable water supplier may make written 9
representations about the show cause notice to the Minister in 10
the show cause period. 11
(2) The Minister must consider all representations (the accepted 12
representations) made under subsection (1). 13
17 Minister may seek committee's advice 14
The Minister may refer the accepted representations to the 15
committee to obtain its written advice about the merits of the 16
representations. 17
18 Basis for decision not to take proposed action 18
The Minister may decide not to take the proposed action only 19
if the Minister is satisfied-- 20
(a) the public potable water supplier has made reasonable 21
progress towards complying with the requirement under 22
section 7 to add fluoride to the relevant public potable 23
water supply; and 24
(b) there have been extenuating circumstances preventing 25
the water supplier complying with the requirement. 26
Page 14
Water Fluoridation Bill 2008
Part 4 Noncompliance with requirement to add fluoride to relevant public potable water
supply
[s 19]
19 Ending show cause process without further action 1
(1) This section applies if, after considering the accepted 2
representations for the show cause notice, the Minister 3
decides section 18 applies. 4
(2) The Minister must not take any further action about the show 5
cause notice. 6
(3) Notice that no further action is to be taken about the show 7
cause notice must be given to the public potable water 8
supplier. 9
20 Deciding to take proposed action 10
(1) This section applies if, after considering the accepted 11
representations for the show cause notice, the Minister 12
decides section 18 does not apply. 13
(2) The Minister must decide to take the proposed action. 14
(3) The Minister must immediately give notice of the decision to 15
the public potable water supplier. 16
21 How Minister may take proposed action 17
(1) For taking the proposed action, the Minister may authorise a 18
person to do the things that are necessary and reasonable. 19
(2) Without limiting subsection (1), the person may-- 20
(a) enter the place that contains the relevant public potable 21
water supply and access any equipment connected with 22
the water supply; and 23
(b) take onto the place any persons, equipment or materials 24
the person reasonably requires for taking the proposed 25
action. 26
(3) This section does not authorise a person to enter any part of a 27
place where a person resides. 28
Page 15
Water Fluoridation Bill 2008
Part 5 Monitoring and enforcement
[s 22]
22 Recovery of Minister's costs 1
The reasonable costs and expenses incurred by the Minister in 2
taking the proposed action are a debt payable by the public 3
potable water supplier to the State. 4
23 Obstruction 5
A person must not obstruct the Minister, or a person 6
authorised by the Minister to take the proposed action, in 7
taking the proposed action, unless the person has a reasonable 8
excuse. 9
Maximum penalty--100 penalty units. 10
Part 5 Monitoring and enforcement 11
Division 1 Authorised persons 12
Subdivision 1 Preliminary 13
24 Powers generally 14
(1) An authorised person has the powers given under this Act. 15
(2) In exercising the powers, the authorised person is subject to 16
the directions of the chief executive. 17
25 Functions of authorised person 18
An authorised person has the following functions-- 19
(a) to enforce this Act; 20
(b) to monitor compliance with this Act; 21
Page 16
Water Fluoridation Bill 2008
Part 5 Monitoring and enforcement
[s 26]
(c) to help achieve the object of this Act by providing 1
advice and information on how the object may be 2
achieved. 3
Subdivision 2 Appointment of authorised persons 4
26 Appointment and qualifications 5
(1) The chief executive may appoint any of the following persons 6
as an authorised person-- 7
(a) a public service employee of the department; 8
(b) a health service employee; 9
(c) a person prescribed under a regulation. 10
(2) However, the chief executive may appoint a person as an 11
authorised person only if satisfied the person is qualified for 12
appointment because the person has the necessary expertise or 13
experience. 14
27 Appointment conditions and limit on powers 15
(1) An authorised person holds office on any conditions stated 16
in-- 17
(a) the authorised person's instrument of appointment; or 18
(b) a signed notice given to the authorised person; or 19
(c) a regulation. 20
(2) The instrument of appointment, a signed notice given to the 21
authorised person or a regulation may limit the authorised 22
person's powers under this Act. 23
(3) In this section-- 24
signed notice means a notice signed by the chief executive. 25
Page 17
Water Fluoridation Bill 2008
Part 5 Monitoring and enforcement
[s 28]
28 Issue of identity card 1
(1) The chief executive must issue an identity card to each 2
authorised person. 3
(2) The identity card must-- 4
(a) contain a recent photo of the authorised person; and 5
(b) contain a copy of the authorised person's signature; and 6
(c) identify the person as an authorised person under this 7
Act; and 8
(d) state an expiry date for the card. 9
(3) This section does not prevent the issue of a single identity 10
card to a person for this Act and other purposes. 11
29 Production or display of identity card 12
(1) In exercising a power under this Act in relation to another 13
person, an authorised person must-- 14
(a) produce the authorised person's identity card for the 15
other person's inspection before exercising the power; 16
or 17
(b) have the identity card displayed so it is clearly visible to 18
the other person when exercising the power. 19
(2) However, if it is not practicable to comply with subsection 20
(1), the authorised person must produce the identity card for 21
the other person's inspection at the first reasonable 22
opportunity. 23
(3) For subsection (1), an authorised person does not exercise a 24
power in relation to another person only because the 25
authorised person has entered a place as mentioned in section 26
33(1)(b) or (2). 27
30 When authorised person ceases to hold office 28
(1) An authorised person ceases to hold office if any of the 29
following happens-- 30
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(a) the term of office stated in a condition of office ends; 1
(b) under another condition of office, the authorised person 2
ceases to hold office; 3
(c) the authorised person's resignation under section 31 4
takes effect. 5
(2) Subsection (1) does not limit the ways an authorised person 6
may cease to hold office. 7
(3) In this section-- 8
condition of office means a condition on which the authorised 9
person holds office. 10
31 Resignation 11
An authorised person may resign by signed notice given to the 12
chief executive. 13
32 Return of identity card 14
A person who ceases to be an authorised person must return 15
the person's identity card to the chief executive within 21 days 16
after ceasing to be an authorised person, unless the person has 17
a reasonable excuse. 18
Maximum penalty--20 penalty units. 19
Division 2 Powers of authorised persons 20
Subdivision 1 Entry of places 21
33 Power to enter places 22
(1) An authorised person may enter a place if-- 23
(a) an occupier of the place consents to the entry; or 24
(b) it is a public place and the entry is made when it is open 25
to the public; or 26
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(c) it is a place that contains a public potable water supply 1
or equipment connected with a public potable water 2
supply; or 3
(d) the entry is authorised by a warrant. 4
(2) For the purpose of asking an occupier of a place for consent to 5
enter, an authorised person may, without the occupier's 6
consent or a warrant-- 7
(a) enter land around premises at the place to an extent that 8
is reasonable to contact the occupier; or 9
(b) enter part of the place the authorised person reasonably 10
considers members of the public ordinarily are allowed 11
to enter when they wish to contact the occupier. 12
(3) Subsection (1)(c) does not authorise the entry of any part of a 13
place where a person resides. 14
Subdivision 2 Procedure for entry 15
34 Entry with consent 16
(1) This section applies if an authorised person intends to ask an 17
occupier of a place to consent to the authorised person or 18
another authorised person entering the place under section 19
33(1)(a). 20
(2) Before asking for the consent, the authorised person must tell 21
the occupier-- 22
(a) the purpose of the entry; and 23
(b) that the occupier is not required to consent. 24
(3) If the consent is given, the authorised person may ask the 25
occupier to sign an acknowledgment of the consent. 26
(4) The acknowledgment must state-- 27
(a) the occupier has been told-- 28
(i) the purpose of the entry; and 29
(ii) that the occupier is not required to consent; and 30
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(b) the purpose of the entry; and 1
(c) the occupier gives the authorised person consent to enter 2
the place and exercise powers under this division; and 3
(d) the time and date the consent was given. 4
(5) If the occupier signs the acknowledgment, the authorised 5
person must immediately give a copy to the occupier. 6
(6) If-- 7
(a) an issue arises in a proceeding about whether the 8
occupier consented to the entry; and 9
(b) an acknowledgment complying with subsection (4) for 10
the entry is not produced in evidence; 11
the onus of proof is on the person relying on the lawfulness of 12
the entry to prove the occupier consented. 13
35 Application for warrant 14
(1) An authorised person may apply to a magistrate for a warrant 15
for a place. 16
(2) The authorised person must prepare a written application that 17
states the grounds on which the warrant is sought. 18
(3) The written application must be sworn. 19
(4) The magistrate may refuse to consider the application until the 20
authorised person gives the magistrate all the information the 21
magistrate requires about the application in the way the 22
magistrate requires. 23
Example-- 24
The magistrate may require additional information supporting the 25
application to be given by statutory declaration. 26
36 Issue of warrant 27
(1) The magistrate may issue the warrant for the place only if the 28
magistrate is satisfied there are reasonable grounds for 29
suspecting-- 30
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(a) there is a particular thing or activity (the evidence) that 1
may provide evidence of an offence against this Act; and 2
(b) the evidence is at the place or, within the next 7 days, 3
will be at the place. 4
(2) The warrant must state-- 5
(a) the place to which the warrant applies; and 6
(b) that a stated authorised person may, with necessary and 7
reasonable help and force-- 8
(i) enter the place and any other place necessary for 9
entry to the place; and 10
(ii) exercise the authorised person's powers under this 11
division; and 12
(c) particulars of the offence that the magistrate considers 13
appropriate in the circumstances; and 14
(d) the name of the person suspected of having committed 15
the offence, unless the name is unknown or the 16
magistrate considers it inappropriate to state the name; 17
and 18
(e) the evidence that may be seized under the warrant; and 19
(f) the hours of the day or night when the place may be 20
entered; and 21
(g) the magistrate's name; and 22
(h) the date and time of the warrant's issue; and 23
(i) the date, within 14 days after the warrant's issue, the 24
warrant ends. 25
37 Application by electronic communication and duplicate 26
warrant 27
(1) An application under section 35 may be made by phone, fax, 28
email, radio, videoconferencing or another form of electronic 29
communication if the authorised person reasonably considers 30
it necessary because of-- 31
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(a) urgent circumstances; or 1
(b) other special circumstances, including, for example, the 2
authorised person's remote location. 3
(2) The application-- 4
(a) may not be made before the authorised person prepares 5
the written application under section 35(2); but 6
(b) may be made before the written application is sworn. 7
(3) The magistrate may issue the warrant (the original warrant) 8
only if the magistrate is satisfied-- 9
(a) it was necessary to make the application under 10
subsection (1); and 11
(b) the way the application was made under subsection (1) 12
was appropriate. 13
(4) After the magistrate issues the original warrant-- 14
(a) if there is a reasonably practicable way of immediately 15
giving a copy of the warrant to the authorised person, for 16
example, by sending a copy by fax or email, the 17
magistrate must immediately give a copy of the warrant 18
to the authorised person; or 19
(b) otherwise-- 20
(i) the magistrate must tell the authorised person the 21
date and time the warrant is issued and the other 22
terms of the warrant; and 23
(ii) the authorised person must complete a form of 24
warrant including by writing on it-- 25
(A) the magistrate's name; and 26
(B) the date and time the magistrate issued the 27
warrant; and 28
(C) the other terms of the warrant. 29
(5) The copy of the warrant mentioned in subsection (4)(a), or the 30
form of warrant completed under subsection (4)(b) (in either 31
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case the duplicate warrant), is a duplicate of, and as effectual 1
as, the original warrant. 2
(6) The authorised person must, at the first reasonable 3
opportunity, send to the magistrate-- 4
(a) the written application complying with section 35(2) 5
and (3); and 6
(b) if the authorised person completed a form of warrant 7
under subsection (4)(b)--the completed form of 8
warrant. 9
(7) The magistrate must keep the original warrant and, on 10
receiving the documents under subsection (6)-- 11
(a) attach the documents to the original warrant; and 12
(b) give the original warrant and documents to the clerk of 13
the court of the relevant magistrates court. 14
(8) Despite subsection (5), if-- 15
(a) an issue arises in a proceeding about whether an 16
exercise of a power was authorised by a warrant issued 17
under this section; and 18
(b) the original warrant is not produced in evidence; 19
the onus of proof is on the person relying on the lawfulness of 20
the exercise of the power to prove a warrant authorised the 21
exercise of the power. 22
(9) This section does not limit section 35. 23
(10) In this section-- 24
relevant magistrates court, in relation to a magistrate, means 25
the Magistrates Court that the magistrate constitutes under the 26
Magistrates Act 1991. 27
38 Defect in relation to a warrant 28
(1) A warrant is not invalidated by a defect in the warrant, or in 29
compliance with section 35, 36 or 37, unless the defect affects 30
the substance of the warrant in a material particular. 31
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(2) In this section-- 1
warrant includes a duplicate warrant mentioned in section 2
37(5). 3
39 Warrants--procedure before entry 4
(1) This section applies if an authorised person named in a 5
warrant issued under this division for a place is intending to 6
enter the place under the warrant. 7
(2) Before entering the place, the authorised person must do or 8
make a reasonable attempt to do the following things-- 9
(a) identify himself or herself to a person present at the 10
place who is an occupier of the place by producing a 11
copy of the authorised person's identity card or other 12
document evidencing the appointment; 13
(b) give the person a copy of the warrant; 14
(c) tell the person the authorised person is permitted by the 15
warrant to enter the place; 16
(d) give the person an opportunity to allow the authorised 17
person immediate entry to the place without using force. 18
(3) However, the authorised person need not comply with 19
subsection (2) if the authorised person believes on reasonable 20
grounds that immediate entry to the place is required to ensure 21
the effective execution of the warrant is not frustrated. 22
(4) In this section-- 23
warrant includes a duplicate warrant mentioned in section 24
37(5). 25
Subdivision 3 General powers 26
40 General powers after entering places 27
(1) This section applies to an authorised person who enters a 28
place. 29
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(2) However, if an authorised person enters a place to get an 1
occupier's consent to enter a place, this section applies to the 2
authorised person only if the consent is given or the entry is 3
otherwise authorised. 4
(3) For monitoring and enforcing compliance with this Act, the 5
authorised person may-- 6
(a) search any part of the place; or 7
(b) inspect, measure, test, photograph or film any part of the 8
place or anything at the place; or 9
(c) take a thing, or a sample of or from a thing, at the place 10
for analysis; or 11
(d) copy a document at the place or take the document to 12
another place to copy it; or 13
(e) take into or onto the place any persons, equipment and 14
materials the authorised person reasonably requires for 15
exercising a power under this division; or 16
(f) require an occupier of the place, or a person at the place, 17
to give the authorised person reasonable help to exercise 18
the authorised person's powers under paragraphs (a) to 19
(e); or 20
(g) require an occupier of the place, or a person at the place, 21
to give the authorised person information to help the 22
authorised person find out whether this Act is being 23
complied with. 24
(4) When making a requirement mentioned in subsection (3)(f) or 25
(g), the authorised person must warn the person it is an 26
offence to fail to comply with the requirement, unless the 27
person has a reasonable excuse. 28
(5) If an authorised person takes a document from a place to copy 29
it, the document must be copied as soon as practicable and 30
returned to the place. 31
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41 Failure to help authorised person 1
(1) A person required to give reasonable help under section 2
40(3)(f) must comply with the requirement, unless the person 3
has a reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(2) If an individual is required under section 40(3)(f) to give 6
information, or produce a document, it is a reasonable excuse 7
for the individual to fail to comply with the requirement that 8
complying with the requirement might tend to incriminate the 9
individual. 10
42 Failure to give information 11
(1) A person of whom a requirement is made under section 12
40(3)(g) must comply with the requirement, unless the person 13
has a reasonable excuse. 14
Maximum penalty--50 penalty units. 15
Note-- 16
Also, under section 66, it is an offence for a person to state anything to 17
an authorised person the person knows to be false or misleading in a 18
material particular. 19
(2) It is a reasonable excuse for an individual to fail to comply 20
with the requirement that complying with the requirement 21
might tend to incriminate the individual. 22
Subdivision 4 Power to seize evidence 23
43 Seizing evidence at a place that may be entered without 24
consent or warrant 25
An authorised person who enters a place under this division 26
without the consent of the occupier and without a warrant, 27
may seize a thing at the place only if the authorised person 28
reasonably believes the thing is evidence of an offence against 29
this Act. 30
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44 Seizing evidence at a place that may only be entered with 1
consent or warrant 2
(1) This section applies if-- 3
(a) an authorised person is authorised to enter a place under 4
this division only with the consent of an occupier of the 5
place or a warrant; and 6
(b) the authorised person enters the place after obtaining the 7
necessary consent or warrant. 8
(2) If the authorised person enters the place with the occupier's 9
consent, the authorised person may seize a thing at the place 10
only if-- 11
(a) the authorised person reasonably believes the thing is 12
evidence of an offence against this Act; and 13
(b) seizure of the thing is consistent with the purpose of 14
entry as told to the occupier when asking for the 15
occupier's consent. 16
(3) If the authorised person enters the place with a warrant, the 17
authorised person may seize the evidence for which the 18
warrant was issued. 19
(4) The authorised person also may seize anything else at the 20
place if the authorised person reasonably believes-- 21
(a) the thing is evidence of an offence against this Act; and 22
(b) the seizure is necessary to prevent the thing being-- 23
(i) hidden, lost or destroyed; or 24
(ii) used to continue, or repeat, the offence. 25
(5) Also, the authorised person may seize a thing at the place if 26
the authorised person reasonably believes it has just been used 27
in committing an offence against this Act. 28
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Subdivision 5 Dealing with seized things 1
45 Securing seized things 2
Having seized a thing, an authorised person may-- 3
(a) move the thing from the place where it was seized (the 4
place of seizure); or 5
(b) leave the thing at the place of seizure, but take 6
reasonable action to restrict access to it. 7
Examples of restricting access to a thing-- 8
· sealing a thing and marking it to show access to it is 9
restricted 10
· sealing the entrance to a room where the thing is situated 11
and marking it to show access to it is restricted 12
46 Tampering with seized things 13
(1) If an authorised person restricts access to a seized thing, a 14
person must not tamper with the thing, or something 15
restricting access to the thing, without an authorised person's 16
approval. 17
Maximum penalty--100 penalty units. 18
(2) In this section-- 19
tamper includes attempt to tamper. 20
47 Powers to support seizure 21
(1) To enable a thing to be seized, an authorised person may 22
require the person in control of it-- 23
(a) to take it to a stated reasonable place by a stated 24
reasonable time; and 25
(b) if necessary, to remain in control of it at the stated place 26
for a reasonable time. 27
(2) The requirement-- 28
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(a) must be made by notice; or 1
(b) if for any reason it is not practicable to give the notice, 2
may be made orally and confirmed by notice as soon as 3
practicable. 4
(3) A further requirement may be made under this section about 5
the same thing if it is necessary and reasonable to make the 6
further requirement. 7
(4) A person of whom a requirement is made under subsection (1) 8
or (3) must comply with the requirement, unless the person 9
has a reasonable excuse. 10
Maximum penalty--100 penalty units. 11
(5) The cost of complying with subsection (4) must be borne by 12
the department. 13
48 Authorised person may require thing's return 14
(1) If an authorised person has required a person to take a thing to 15
a stated place by a stated reasonable time under section 47 the 16
authorised person may require the person to return the thing to 17
the place from which it was taken. 18
(2) A person of whom a requirement is made under subsection (1) 19
must comply with the requirement, unless the person has a 20
reasonable excuse. 21
Maximum penalty--100 penalty units. 22
(3) The cost of complying with subsection (2) must be borne by 23
the department. 24
49 Receipts for seized things 25
(1) As soon as practicable after an authorised person seizes a 26
thing, the authorised person must give a receipt for it to the 27
person from whom it was seized. 28
(2) However, if for any reason it is not practicable to comply with 29
subsection (1), the authorised person must leave the receipt at 30
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the place of seizure in a conspicuous position and in a 1
reasonably secure way. 2
(3) The receipt must describe generally each thing seized and its 3
condition. 4
(4) This section does not apply to a thing if it is impracticable or 5
would be unreasonable to give the receipt, given the thing's 6
nature, condition and value. 7
50 Forfeiture of seized things 8
(1) A seized thing is forfeited to the State if the authorised person 9
who seized the thing-- 10
(a) can not find its owner, after making reasonable 11
inquiries; or 12
(b) can not return it to its owner, after making reasonable 13
efforts. 14
(2) In applying subsection (1)-- 15
(a) subsection (1)(a) does not require the authorised person 16
to make inquiries if it would be unreasonable to make 17
inquiries to find the owner; and 18
(b) subsection (1)(b) does not require the authorised person 19
to make efforts if it would be unreasonable to make 20
efforts to return the thing to its owner. 21
(3) Regard must be had to a thing's nature, condition and value in 22
deciding-- 23
(a) whether it is reasonable to make inquiries or efforts; and 24
(b) if making inquiries or efforts, what inquiries or efforts, 25
including the period over which they are made, are 26
reasonable. 27
(4) On the forfeiture of a thing to the State, the thing becomes the 28
State's property and may be dealt with by the chief executive 29
as the chief executive considers appropriate. 30
(5) Without limiting subsection (4), the chief executive may 31
destroy or dispose of the thing. 32
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51 Return of seized things 1
(1) If a thing has been seized but not forfeited or destroyed under 2
this division, the authorised person must return it to its 3
owner-- 4
(a) at the end of 6 months; or 5
(b) if a proceeding for an offence involving the thing is 6
started within 6 months, at the end of the proceeding and 7
any appeal from the proceeding. 8
(2) However, unless the thing has been forfeited or destroyed 9
under this division, the authorised person must immediately 10
return a thing seized as evidence to its owner if the authorised 11
person stops being satisfied its continued retention as 12
evidence is necessary. 13
52 Access to seized things 14
(1) Until a thing that has been seized is forfeited, destroyed or 15
returned under this division, an authorised person must allow 16
its owner to inspect it and, if it is a document, to copy it. 17
(2) Subsection (1) does not apply if it is impracticable or would 18
be unreasonable to allow the inspection or copying. 19
53 Power of destruction 20
An authorised person may destroy a thing seized under this 21
division if-- 22
(a) the thing consists wholly or partly of contaminated or 23
decomposed matter; or 24
(b) the authorised person reasonably believes the thing 25
poses an immediate risk to public health or safety. 26
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Subdivision 6 Power to obtain information 1
54 Power to require production of documents 2
(1) An authorised person may require a person to make available 3
for inspection by an authorised person, or produce to the 4
authorised person for inspection, at a reasonable time and 5
place nominated by the authorised person a document 6
required to be kept by the person under this Act. 7
(2) The authorised person may keep the document to copy it. 8
(3) If the authorised person copies the document, or an entry in 9
the document, the authorised person may require the person 10
responsible for keeping the document to certify the copy as a 11
true copy of the document or entry. 12
(4) The authorised person must return the document to the person 13
as soon as practicable after copying it. 14
(5) However, if a requirement (a document certification 15
requirement) is made of a person under subsection (3), the 16
authorised person may keep the document until the person 17
complies with the requirement. 18
(6) A requirement under subsection (1) is a document production 19
requirement. 20
55 Failure to produce document 21
(1) A person of whom a document production requirement is 22
made must comply with the requirement, unless the person 23
has a reasonable excuse. 24
Maximum penalty--50 penalty units. 25
(2) It is not a reasonable excuse for a person not to comply with a 26
document production requirement that complying with the 27
requirement might tend to incriminate the person. 28
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56 Failure to certify copy of document 1
A person of whom a document certification requirement is 2
made must comply with the requirement, unless the person 3
has a reasonable excuse. 4
Maximum penalty--50 penalty units. 5
Division 3 Remedial notices 6
57 Definition for div 3 7
In this division-- 8
relevant provision see section 59(2)(b). 9
remedial notice see section 59(1). 10
the contravention see section 58(2)(b). 11
58 Application of div 3 12
(1) This division does not apply to a contravention of section 7. 13
Note-- 14
Contraventions of section 7 may be dealt with under part 4. 15
(2) Subject to subsection (1), this division applies if an authorised 16
person reasonably believes-- 17
(a) a public potable water supplier-- 18
(i) is contravening a provision of this Act; or 19
(ii) has contravened a provision of this Act in 20
circumstances that make it likely the contravention 21
will continue or be repeated; and 22
(b) a matter relating to the contravention or likely repeated 23
contravention (in either case the contravention) can be 24
remedied; and 25
(c) it is appropriate to give the public potable water supplier 26
an opportunity to remedy the matter. 27
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59 Authorised person may issue remedial notice 1
(1) The authorised person may give the public potable water 2
supplier a notice (a remedial notice) requiring the water 3
supplier to remedy the contravention. 4
(2) The remedial notice must state the following-- 5
(a) that the authorised person reasonably believes the public 6
potable water supplier-- 7
(i) is contravening a provision of this Act; or 8
(ii) has contravened a provision of this Act in 9
circumstances that make it likely the contravention 10
will continue or be repeated; 11
(b) the provision the authorised person believes is being, or 12
has been, contravened (the relevant provision); 13
(c) briefly, how it is believed the relevant provision is being, 14
or has been, contravened; 15
(d) the period in which the water supplier must remedy the 16
contravention. 17
(3) The period stated under subsection (2)(d) must be reasonable 18
having regard to the contravention. 19
(4) The remedial notice may also state the reasonable steps that 20
the authorised person considers necessary to remedy the 21
contravention. 22
(5) The authorised person must keep a copy of the remedial 23
notice. 24
(6) The public potable water supplier must comply with the 25
remedial notice. 26
(7) If it is an offence to contravene the relevant provision for 27
which the remedial notice is given, the public potable water 28
supplier can not be prosecuted for that offence unless the 29
public potable water supplier fails to comply with the 30
remedial notice and does not have a reasonable excuse for the 31
noncompliance. 32
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(8) A public potable water supplier may be prosecuted for the 1
contravention of a relevant provision without an authorised 2
person first giving a remedial notice for the contravention. 3
60 Chief executive may take action if remedial notice not 4
complied with 5
(1) This section applies if the public potable water supplier fails 6
to comply with the remedial notice. 7
(2) The chief executive may take the action the chief executive 8
considers reasonably necessary to remedy the contravention. 9
(3) For taking the action, the chief executive may authorise a 10
person to do the things that are necessary and reasonable. 11
(4) Without limiting subsection (3), the person may-- 12
(a) enter a place for the purpose of taking action to remedy 13
the contravention; and 14
(b) take onto the place any persons, equipment or materials 15
the person reasonably requires for taking action to 16
remedy the contravention. 17
(5) This section does not authorise a person to enter any part of a 18
place where a person resides. 19
61 Recovery of chief executive's costs 20
The reasonable costs and expenses incurred by the chief 21
executive in taking the action are a debt payable by the public 22
potable water supplier to the State. 23
62 Obstruction 24
A person must not obstruct the chief executive, or a person 25
authorised by the chief executive to take the action, in taking 26
the action, unless the person has a reasonable excuse. 27
Maximum penalty--100 penalty units. 28
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Division 4 General enforcement matters 1
Subdivision 1 Notice of damage and 2
compensation 3
63 Notice of damage 4
(1) This section applies if-- 5
(a) an authorised person damages property when exercising 6
or purporting to exercise a power; or 7
(b) a person (the other person) acting under the direction or 8
authority of an authorised person damages property. 9
(2) The authorised person must immediately give notice of 10
particulars of the damage to a person who appears to the 11
authorised person to be an owner of the property. 12
(3) If the authorised person believes the damage was caused by a 13
latent defect in the property or circumstances beyond the 14
authorised person's or other person's control, the authorised 15
person may state the belief in the notice. 16
(4) If, for any reason, it is impracticable to comply with 17
subsection (2), the authorised person must leave the notice in 18
a conspicuous position and in a reasonably secure way at the 19
place where the damage happened. 20
(5) This section does not apply to damage the authorised person 21
reasonably believes is trivial. 22
(6) In this section-- 23
owner, of property, includes a person in possession or control 24
of it. 25
64 Compensation 26
(1) If a person incurs loss or expense because of the exercise or 27
purported exercise of a power under division 2, other than the 28
exercise or purported exercise of a power under section 53 to 29
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destroy a thing seized under division 2, the person may claim 1
compensation from the State. 2
(2) Without limiting subsection (1), compensation may be 3
claimed for loss or expense incurred in complying with a 4
requirement made of the person under division 2. 5
(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of 8
the amount of compensation claimed; or 9
(b) for an offence against this Act brought against the 10
person claiming compensation. 11
(4) A court may order compensation to be paid only if it is 12
satisfied it is just to make the order in the circumstances of the 13
particular case. 14
Subdivision 2 Other matters 15
65 Obstructing authorised person 16
(1) A person must not obstruct an authorised person in the 17
exercise of a power, unless the person has a reasonable 18
excuse. 19
Maximum penalty--100 penalty units. 20
(2) If a person has obstructed an authorised person and the 21
authorised person decides to proceed with the exercise of the 22
power, the authorised person must warn the person that-- 23
(a) it is an offence to obstruct the authorised person unless 24
the person has a reasonable excuse; and 25
(b) the authorised person considers the person's conduct an 26
obstruction. 27
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Part 5 Monitoring and enforcement
[s 66]
66 False or misleading statements 1
A person must not state anything to an authorised person the 2
person knows is false or misleading in a material particular. 3
Maximum penalty--100 penalty units. 4
67 False or misleading documents 5
(1) A person must not give an authorised person a document 6
containing information the person knows is false or 7
misleading in a material particular. 8
Maximum penalty--100 penalty units. 9
(2) Subsection (1) does not apply to a person if the person, when 10
giving the document-- 11
(a) tells the authorised person, to the best of the person's 12
ability, how it is false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information--gives the correct information to the 15
authorised person. 16
68 Impersonating authorised person 17
A person must not pretend to be an authorised person. 18
Maximum penalty--100 penalty units. 19
Page 39
Water Fluoridation Bill 2008
Part 6 Analysis of things or samples
[s 69]
Part 6 Analysis of things or samples 1
Division 1 State analysts and approval of 2
laboratories 3
69 Appointment and qualifications 4
(1) The chief executive may appoint any of the following persons 5
as a State analyst-- 6
(a) a public service employee of the department; 7
(b) a health service employee; 8
(c) a person prescribed under a regulation. 9
(2) A person may be appointed as a State analyst under 10
subsection (1) to carry out any type, or only particular types, 11
of analysis. 12
(3) However, the chief executive may appoint a person as a State 13
analyst only if satisfied the person is qualified for 14
appointment because the person has the necessary expertise or 15
experience. 16
70 Appointment conditions 17
(1) A State analyst holds office on any conditions stated in-- 18
(a) the State analyst's instrument of appointment; or 19
(b) a signed notice given to the State analyst; or 20
(c) a regulation. 21
(2) In this section-- 22
signed notice means a notice signed by the chief executive. 23
71 When State analyst ceases to hold office 24
(1) A State analyst ceases to hold office if any of the following 25
happens-- 26
Page 40
Water Fluoridation Bill 2008
Part 6 Analysis of things or samples
[s 72]
(a) the term of office stated in a condition of office ends; 1
(b) under another condition of office, the State analyst 2
ceases to hold office; 3
(c) the State analyst's resignation under section 72 takes 4
effect. 5
(2) Subsection (1) does not limit the ways a State analyst may 6
cease to hold office. 7
(3) In this section-- 8
condition of office means a condition on which the State 9
analyst holds office. 10
72 Resignation 11
A State analyst may resign by signed notice given to the chief 12
executive. 13
73 Chief executive may approve laboratory 14
The chief executive may approve a laboratory to analyse 15
things, or samples of or from things, taken under section 16
40(3)(c) if-- 17
(a) the chief executive is satisfied the laboratory has the 18
resources and expertise to conduct the analysis; and 19
(b) the laboratory is accredited, authorised or approved to 20
conduct the analyses by an entity prescribed under a 21
regulation. 22
Division 2 Other matters about analysis of 23
things or samples 24
74 Analysis 25
(1) If an authorised person takes a thing, or a sample of or from a 26
thing, for analysis under section 40(3)(c), the authorised 27
Page 41
Water Fluoridation Bill 2008
Part 6 Analysis of things or samples
[s 75]
person must as soon as practicable give it to a State analyst 1
appointed to carry out the particular type of analysis required. 2
(2) If a State analyst receives a thing or sample for analysis under 3
subsection (1), the State analyst must as soon as practicable-- 4
(a) analyse the thing or sample; or 5
(b) give the thing or sample to an approved laboratory for 6
analysis. 7
(3) If the State analyst analyses the thing or sample, the State 8
analyst must, as soon as practicable after analysing it-- 9
(a) complete a certificate of analysis for it; and 10
(b) give the certificate to the authorised person who took the 11
thing or sample for analysis. 12
(4) If an approved laboratory analyses the thing or sample, the 13
State analyst must, as soon as practicable after it is analysed-- 14
(a) obtain a certificate of analysis for it from the approved 15
laboratory; and 16
(b) give the certificate to the authorised person who took the 17
thing or sample for analysis. 18
75 Certificate must indicate methodology used 19
The certificate of analysis must include information about the 20
methodology used to conduct the analysis. 21
Page 42
Water Fluoridation Bill 2008
Part 7 Queensland Fluoridation Committee
[s 76]
Part 7 Queensland Fluoridation 1
Committee 2
Division 1 Establishment and functions 3
76 Establishment of committee 4
The Queensland Fluoridation Committee is established. 5
77 Committee's functions 6
The committee has the following functions-- 7
(a) to advise the Minister about the following-- 8
(i) the safety and efficacy of fluoridation of public 9
potable water supplies in Queensland; 10
(ii) the making, amending or repealing of regulations 11
under this Act; 12
(iii) the operation and application of this Act; 13
(b) to consider, and advise the Minister about the merits of, 14
an application under section 8. 15
(c) to consider, and advise the Minister about the merits of, 16
accepted representations referred to it by the Minister. 17
Division 2 Membership 18
78 Membership of committee 19
(1) The committee consists of the following-- 20
(a) the chief health officer; 21
(b) the chief dental officer; 22
(c) 6 persons (the appointed members) appointed by the 23
Minister. 24
Page 43
Water Fluoridation Bill 2008
Part 7 Queensland Fluoridation Committee
[s 79]
(2) The appointed members are the following-- 1
(a) 1 person nominated by the Australian Medical 2
Association (Qld) Limited; 3
(b) 1 person nominated by the Australian Dental 4
Association (Queensland Branch); 5
(c) 1 person nominated by the Local Government 6
Association of Queensland with expertise in local 7
government matters; 8
(d) 1 person with expertise in water engineering; 9
(e) 1 person with expertise in chemistry or chemical 10
analysis; 11
(f) 1 person with knowledge and experience in an area 12
relevant to the committee's functions. 13
79 Nominee committee members 14
(1) This section applies if an entity is to nominate a person for 15
membership of the committee under section 78(2)(a), (b) or 16
(c). 17
(2) The Minister must give the entity a notice stating a reasonable 18
time within which it must nominate a person for the position. 19
(3) The Minister may in the notice ask the entity to nominate 20
more than the required number of persons for the position. 21
(4) The Minister is to choose the person for the position from the 22
nominations received under a request under subsection (3) and 23
the person chosen is taken to be the nominee for the position. 24
(5) If a request is not made under subsection (3) and the Minister 25
receives more than the required number of nominations for the 26
position, the Minister is to choose the nominee for the 27
position from the nominations. 28
(6) If the entity does not nominate a person for the position within 29
the time stated in the notice, the Minister may nominate a 30
person for the position and the nomination is taken to have 31
been made by the entity. 32
Page 44
Water Fluoridation Bill 2008
Part 7 Queensland Fluoridation Committee
[s 80]
80 Term of appointment 1
(1) An appointed member is to be appointed for the term stated in 2
the instrument of appointment. 3
(2) The stated term must not be more than 2 years. 4
81 Remuneration of appointed members 5
An appointed member is entitled to be paid the fees and 6
allowances decided by the Governor in Council. 7
82 Committee's chairperson and deputy chairperson 8
(1) The chief health officer is the committee's chairperson. 9
(2) The chief dental officer is the committee's deputy 10
chairperson. 11
(3) In the absence of the chairperson the deputy chairperson is to 12
act as the chairperson. 13
Division 3 Committee business 14
83 Conduct of business 15
Subject to this Act, the committee may conduct its business, 16
including its meetings, in the way it considers appropriate. 17
Page 45
Water Fluoridation Bill 2008
Part 8 Evidence and legal proceedings
[s 84]
Part 8 Evidence and legal 1
proceedings 2
Division 1 Application 3
84 Application of part 4
This part applies to a legal proceeding under this Act. 5
Division 2 Evidentiary aids 6
85 Appointments and authority 7
The following must be presumed unless a party to the 8
proceeding, by reasonable notice, requires proof of it-- 9
(a) the chief executive's appointment; 10
(b) an authorised person's appointment; 11
(c) the appointment of a member of the committee; 12
(d) the authority of the Minister, the chief executive or an 13
authorised person to do anything under this Act. 14
86 Signatures 15
A signature purporting to be the signature of the Minister, the 16
chief executive or an authorised person is evidence of the 17
signature it purports to be. 18
87 Evidentiary provisions 19
(1) A certificate purporting to be signed by the chief executive 20
and stating any of the following matters is evidence of the 21
matter-- 22
(a) a stated document is one of the following things made, 23
given, issued or kept under this Act-- 24
Page 46
Water Fluoridation Bill 2008
Part 8 Evidence and legal proceedings
[s 87]
(i) an appointment or decision; 1
(ii) a notice or requirement; 2
(iii) a record or report, or an extract from a record or 3
report; 4
(b) a stated document is another document kept under this 5
Act; 6
(c) a stated document is a copy of a thing mentioned in 7
paragraph (a) or (b); 8
(d) on a stated day, or during a stated period, an 9
appointment as an authorised person or a member of the 10
committee was, or was not, in force for a stated person; 11
(e) on a stated day, a stated person was given a stated notice 12
under this Act; 13
(f) on a stated day, a stated requirement was made of a 14
stated person; 15
(g) a stated amount is payable under this Act by a stated 16
person and has not been paid. 17
(2) A certificate of analysis for a thing or sample taken for 18
analysis under this Act stating any of the following matters is 19
evidence of the matters-- 20
(a) the qualifications of the person (the analyst) who 21
conducted the analysis; 22
(b) the analyst received the thing from a stated person; 23
(c) the thing was analysed at a stated place on a stated day 24
or during a stated period; 25
(d) the methodology used to analyse the thing; 26
(e) the results of the analysis. 27
Page 47
Water Fluoridation Bill 2008
Part 8 Evidence and legal proceedings
[s 88]
Division 3 Offence proceedings 1
88 Summary offences 2
A proceeding for an offence against this Act is to be taken in a 3
summary way under the Justices Act 1886. 4
89 Allegations of false or misleading information or 5
document 6
In any proceeding for an offence against this Act involving 7
false or misleading information, or a false or misleading 8
document, it is enough for a charge to state that the 9
information or document was, without specifying which, 10
`false or misleading'. 11
90 Responsibility for acts or omissions of representative 12
(1) This section applies in a proceeding for an offence against this 13
Act. 14
(2) If it is relevant to prove a person's state of mind about a 15
particular act or omission, it is enough to show-- 16
(a) the act was done or omitted to be done by a 17
representative of the person within the scope of the 18
representative's actual or apparent authority; and 19
(b) the representative had the state of mind. 20
(3) An act done or omitted to be done for a person by a 21
representative of the person within the scope of the 22
representative's actual or apparent authority is taken to have 23
been done or omitted to be done also by the person, unless the 24
person proves the person could not, by the exercise of 25
reasonable diligence, have prevented the act or omission. 26
(4) In this section-- 27
representative means-- 28
(a) for a corporation--an executive officer, employee or 29
agent of the corporation; or 30
Page 48
Water Fluoridation Bill 2008
Part 8 Evidence and legal proceedings
[s 91]
(b) for an individual--an employee or agent of the 1
individual. 2
state of mind of a person includes-- 3
(a) the person's knowledge, intention, opinion, belief or 4
purpose; and 5
(b) the person's reasons for the intention, opinion, belief or 6
purpose. 7
91 Executive officers must ensure corporation complies 8
with Act 9
(1) The executive officers of a corporation must ensure the 10
corporation complies with this Act. 11
(2) If a corporation commits an offence against a provision of this 12
Act, each of the corporation's executive officers also commits 13
an offence, namely, the offence of failing to ensure the 14
corporation complies with the provision. 15
Maximum penalty--the penalty for the contravention of the 16
provision by an individual. 17
(3) Evidence that the corporation has been convicted of an 18
offence against a provision of this Act is evidence that each of 19
the executive officers committed the offence of failing to 20
ensure the corporation complies with the provision. 21
(4) However, it is a defence for an executive officer to prove-- 22
(a) if the officer was in a position to influence the conduct 23
of the corporation in relation to the offence, the officer 24
exercised reasonable diligence to ensure the corporation 25
complied with the provision; or 26
(b) the officer was not in a position to influence the conduct 27
of the corporation in relation to the offence. 28
Page 49
Water Fluoridation Bill 2008
Part 9 Matters relating to liability and indemnity
[s 92]
Part 9 Matters relating to liability and 1
indemnity 2
Division 1 Liability 3
92 Contravention of this Act does not create civil cause of 4
action 5
No provision of this Act creates a civil cause of action based 6
on a contravention of the provision. 7
93 Act does not affect other rights or remedies 8
(1) This Act does not affect or limit a civil right or remedy that 9
exists apart from this Act, whether at common law or 10
otherwise. 11
(2) Without limiting subsection (1), compliance with this Act 12
does not necessarily show that a civil obligation that exists 13
apart from this Act has been satisfied or has not been 14
breached. 15
(3) This section is subject to section 94. 16
94 Protection from civil rights and remedies 17
A person does not have any civil right or remedy against a 18
public potable water supplier in relation to the fluoridation of 19
a public potable water supply under this Act. 20
95 Protecting officials from liability 21
(1) An official is not civilly liable for an act done, or omission 22
made, honestly and without negligence under this Act. 23
(2) If subsection (1) prevents a civil liability attaching to an 24
official, the liability attaches instead to the State. 25
(3) In this section-- 26
Page 50
Water Fluoridation Bill 2008
Part 9 Matters relating to liability and indemnity
[s 96]
official means-- 1
(a) the Minister or the chief executive; or 2
(b) a person acting under the authority of the Minister or the 3
chief executive; or 4
(c) a member of the committee; or 5
(d) a State analyst; or 6
(e) an authorised person; or 7
(f) a person acting under the direction or authority of an 8
authorised person. 9
Division 2 Indemnity for public potable water 10
suppliers 11
96 Indemnity 12
(1) The State is to indemnify a public potable water supplier (a 13
supplier) against all costs and expenses properly incurred, and 14
not recovered, by it in relation to any civil proceeding in a 15
court taken against it in relation to anything it is required or 16
permitted to do under section 7 or 11 (an Act proceeding). 17
(2) If an Act proceeding is started against a supplier, it must 18
immediately notify the Minister. 19
97 Minister etc. may elect to be joined as a party 20
The Minister, or a person nominated by the Minister, (the 21
electing party) may at any time elect to be joined in an Act 22
proceeding as a party by notice filed in the court. 23
98 Effect of election 24
(1) The electing party may, on behalf of the supplier, do anything 25
the supplier could do as a party to the proceeding including 26
settling any matter arising in the proceeding. 27
Page 51
Water Fluoridation Bill 2008
Part 10 Miscellaneous
[s 99]
(2) The supplier must not do anything as a party to the proceeding 1
unless authorised to do so by the electing party. 2
(3) The supplier must assist the electing party to act under 3
subsection (1) including by executing all documents that the 4
electing party considers necessary for that purpose. 5
Part 10 Miscellaneous 6
99 Delegations 7
(1) The Minister or the chief executive may delegate his or her 8
functions under this Act to an appropriately qualified person 9
who is-- 10
(a) a public service employee of the department; or 11
(b) a health service employee. 12
(2) In this section-- 13
appropriately qualified includes having the qualifications, 14
experience or standing appropriate to the exercise of the 15
power. 16
Example of standing-- 17
If a person is a public service employee of the department, the person's 18
classification level in the department. 19
functions includes powers. 20
100 Regulation-making power 21
(1) The Governor in Council may make regulations under this 22
Act. 23
(2) A regulation may be made about the following-- 24
(a) how the committee is to conduct its business; 25
(b) the keeping of records and the records to be kept; 26
Page 52
Water Fluoridation Bill 2008
Part 11 Repeal
[s 101]
(c) reporting requirements including what is to be contained 1
in reports and to whom and by whom reports are to be 2
given; 3
(d) the qualifications of persons employed in operating 4
equipment used in relation to adding fluoride to a public 5
potable water supply; 6
(e) the undertaking of analyses of water and other things 7
connected with a public potable water supply including 8
the methods to be used and the times at which the 9
analyses are to happen; 10
(f) imposing a penalty of not more than 20 penalty units for 11
a contravention of a provision of a regulation. 12
Part 11 Repeal 13
101 Repeal of Fluoridation of Public Water Supplies Act 1963 14
The Fluoridation of Public Water Supplies Act 1963, No. 34 is 15
repealed. 16
Page 53
Water Fluoridation Bill 2008
Schedule
Schedule Dictionary 1
section 5 2
accepted representations see section 16(2). 3
Act proceeding, for part 9, division 2, see section 96(1). 4
analysis includes testing. 5
appointed members see section 78(1)(c). 6
approved laboratory means a laboratory approved by the 7
chief executive under section 73. 8
authorised person means a person appointed as an authorised 9
person under section 26. 10
chief dental officer means the health executive appointed 11
under the Health Services Act 1991 as the chief dental officer. 12
chief health officer means the chief health officer under the 13
Health Services Act 1991, section 57B. 14
committee means the Queensland Fluoridation Committee 15
established under section 76. 16
document certification requirement see section 54(5). 17
document production requirement see section 54(6). 18
electing party, for part 9, division 2, see section 97. 19
equipment includes plant. 20
executive officer, of a corporation, means a person who is 21
concerned with, or takes part in, the corporation's 22
management, whether or not the person is a director or the 23
person's position is given the name of executive officer. 24
fluoride includes any compound of fluorine. 25
health service employee see the Health Services Act 1991, 26
section 2. 27
notice means written notice. 28
Page 54
Water Fluoridation Bill 2008
Schedule
obstruct includes hinder and attempt to obstruct or hinder. 1
place of seizure see section 45. 2
potable water means water that is intended to be, or is likely 3
to be, used for human consumption. 4
proposed action see section 15(2)(b). 5
public potable water supplier, for a public potable water 6
supply, means-- 7
(a) if there is a water treatment plant for the water supply, 8
the owner of the water treatment plant; or 9
(b) otherwise, the owner of the reticulation equipment for 10
the water supply. 11
public potable water supply means a water supply at the point 12
it supplies potable water to the public by means of a water 13
treatment plant or reticulation equipment. 14
relevant provision, for part 5, division 3, see section 57. 15
relevant public potable water supply see section 6. 16
remedial notice, for part 5, division 3, see section 57. 17
show cause period see section 15(2)(c). 18
show cause notice see section 15(1). 19
State analyst means a person appointed as a State analyst 20
under section 69. 21
supplier, for part 9, division 2, see section 96(1). 22
the contravention, for part 5, division 3, see section 57. 23
© State of Queensland 2008
Page 55
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