Queensland Consolidated Acts

WATER FLUORIDATION ACT 2008

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement
   3.      Act binds all persons

           Division 2--Object

   4.      Object of Act

           Part 2--Interpretation

   5.      Definitions
   6.      Meaning of relevant public potable water supply

           Part 3--Fluoridation of public potable water supplies

   7.      Requirement to add fluoride to relevant public potable water supply
   8.      Exemption from requirement to add fluoride to relevant public potable water supply
   9.      When applicant not required to comply with s 7
   10.     Minister may refuse vexatious application
   11.     Discretion to add fluoride to other public potable water supply
   12.     Requirements relating to the addition of fluoride to public potable water supply
   13.     Notification of intention to add fluoride to public potable water supply
   14.     Only certain persons may add fluoride to a public potable water supply

           Part 4--Noncompliance with requirement to add fluoride to relevant public potable water supply

   15.     Show cause notice
   16.     Representations about show cause notices
   17.     Minister may seek committee's advice
   18.     Basis for decision not to take proposed action
   19.     Ending show cause process without further action
   20.     Deciding to take proposed action
   21.     How Minister may take proposed action
   22.     Recovery of Minister's costs
   23.     Obstruction

           Part 5--Monitoring and enforcement

           Division 1--Authorised persons
           Subdivision 1--Preliminary

   24.     Powers generally
   25.     Functions of authorised person
           Subdivision 2--Appointment of authorised persons
   26.     Appointment and qualifications
   27.     Appointment conditions and limit on powers
   28.     Issue of identity card
   29.     Production or display of identity card
   30.     When authorised person ceases to hold office
   31.     Resignation
   32.     Return of identity card

           Division 2--Powers of authorised persons
           Subdivision 1--Entry of places

   33.     Power to enter places
           Subdivision 2--Procedure for entry
   34.     Entry with consent
   35.     Application for warrant
   36.     Issue of warrant
   37.     Application by electronic communication and duplicate warrant
   38.     Defect in relation to a warrant
   39.     Warrants—procedure before entry
           Subdivision 3--General powers
   40.     General powers after entering places
   41.     Failure to help authorised person
   42.     Failure to give information
           Subdivision 4--Power to seize evidence
   43.     Seizing evidence at a place that may be entered without consent or warrant
   44.     Seizing evidence at a place that may only be entered with consent or warrant
           Subdivision 5--Dealing with seized things
   45.     Securing seized things
   46.     Tampering with seized things
   47.     Powers to support seizure
   48.     Authorised person may require thing's return
   49.     Receipts for seized things
   50.     Forfeiture of seized things
   51.     Return of seized things
   52.     Access to seized things
   53.     Power of destruction
           Subdivision 6--Power to obtain information
   54.     Power to require production of documents
   55.     Failure to produce document
   56.     Failure to certify copy of document

           Division 3--Remedial notices

   57.     Definition for div 3
   58.     Application of div 3
   59.     Authorised person may issue remedial notice
   60.     Chief executive may take action if remedial notice not complied with
   61.     Recovery of chief executive's costs
   62.     Obstruction

           Division 4--General enforcement matters
           Subdivision 1--Notice of damage and compensation

   63.     Notice of damage
   64.     Compensation
           Subdivision 2--Other matters
   65.     Obstructing authorised person
   66.     False or misleading statements
   67.     False or misleading documents
   68.     Impersonating authorised person

           Part 6--Analysis of things or samples

           Division 1--State analysts and approval of laboratories

   69.     Appointment and qualifications
   70.     Appointment conditions
   71.     When State analyst ceases to hold office
   72.     Resignation
   73.     Chief executive may approve laboratory

           Division 2--Other matters about analysis of things or samples

   74.     Analysis
   75.     Certificate must indicate methodology used

           Part 7--Queensland Fluoridation Committee

           Division 1--Establishment and functions

   76.     Establishment of committee
   77.     Committee's functions

           Division 2--Membership

   78.     Membership of committee
   79.     Nominee committee members
   80.     Term of appointment
   81.     Remuneration of appointed members
   82.     Committee's chairperson and deputy chairperson

           Division 3--Committee business

   83.     Conduct of business

           Part 8--Evidence and legal proceedings

           Division 1--Application

   84.     Application of part

           Division 2--Evidentiary aids

   85.     Appointments and authority
   86.     Signatures
   87.     Evidentiary provisions

           Division 3--Offence proceedings

   88.     Summary offences
   89.     Allegations of false or misleading information or document
   90.     Responsibility for acts or omissions of representative
   91.     Executive officers must ensure corporation complies with Act

           Part 9--Matters relating to liability and indemnity

           Division 1--Liability

   92.     Contravention of this Act does not create civil cause of action
   93.     Act does not affect other rights or remedies
   94.     Protection from civil rights and remedies
   95.     Protecting officials from liability

           Division 2--Indemnity for public potable water suppliers

   96.     Indemnity
   97.     Minister etc. may elect to be joined as a party
   98.     Effect of election

           Part 10--Miscellaneous

   99.     Delegations
   100.    Regulation-making power

           Part 11--Repeal

   101.    Repeal of Fluoridation of Public Water Supplies Act 1963
           SCHEDULE -- DICTIONARY
           Endnotes