Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FLUORIDATION AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (The Fluoridation Committee)
5. Section 8 amended (Functions, &c., of the Committee)
6. Section 9 amended (Power of the Committee to require
information and to enter on land)
7. Section 11 amended (Maximum and minimum concentration of
fluoride)
8. Section 15 repealed
9. Section 16 amended (Offences and penalty)
10. Section 17 amended (Annual report and special reports)
11. Section 18 amended (Regulations)
[Bill 26]-IX
2
FLUORIDATION AMENDMENT BILL 2009
(Brought in by the Minister for Health, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Fluoridation Act 1968
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Fluoridation
Amendment Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Fluoridation Act 1968* is
referred to as the Principal Act.
*No. 87 of 1968
[Bill 26] 3
Fluoridation Amendment Act 2009
Act No. of
s. 4
4. Section 3 amended (The Fluoridation Committee)
Section 3(2) of the Principal Act is amended as
follows:
(a) by omitting paragraphs (a) and (b) and
substituting the following paragraphs:
(a) one is to be the Director of Public
Health, or his or her delegate,
who is to be the chairperson;
(b) one is to be a person with
expertise in the design or
operation of urban water supply
schemes;
(b) by omitting paragraphs (d) and (e) and
substituting the following paragraphs:
(d) one is to be a person who has
expertise in analytical chemistry;
and
(e) one is to be a registered medical
practitioner who holds specialist
qualifications in medicine.
5. Section 8 amended (Functions, &c., of the
Committee)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)(i)
"purpose, and shall advise the Minister
4
Fluoridation Amendment Act 2009
Act No. of
s. 5
of the estimated capital cost of the
necessary fluoridation works and the
estimated annual cost of operating and
maintaining those works;" and
substituting "purpose;";
(b) by omitting paragraph (d) from
subsection (1) and substituting the
following paragraphs:
(d) may approve a Code of Practice
for the fluoridation of public
water supplies;
(da) may monitor and report to the
Minister on a relevant water
supply authority's performance
and compliance with any Code of
Practice approved under
paragraph (d);
(db) must monitor and report to the
Minister on a relevant water
supply authority's performance
and compliance with any
direction given under this Act,
including a direction under
section 10(1)(a) or (b), and any
recommendations contained in
such a direction;
(dc) for the purposes of
paragraphs (da) and (db)
(i) must meet as often as may
be necessary and, in any
5
Fluoridation Amendment Act 2009
Act No. of
s. 5
case, at least once in each
period of 3 months; and
(ii) may determine the
methods by which, and
the frequency with which,
analyses of public water
supplies are to be carried
out, and the persons by
whom they are to be
carried out; and
(iii) must notify the Minister,
in writing, of each
determination under
subparagraph (ii); and
(iv) must review, at intervals
of not more than 6
months, the level of
fluoride maintained in
each fluoridated water
supply as disclosed by
such methods or tests as
may be prescribed; and
(v) must inquire into, and
take such action as the
Committee considers
necessary to adjust, any
discrepancy in the level of
fluoride disclosed by a
review under
subparagraph (iv); and
6
Fluoridation Amendment Act 2009
Act No. of
s. 6
(vi) may, and if the Minister
so directs must, inquire
into, and report to the
Minister on, any
complaint made as to the
operation of a fluoridated
water supply or as to any
other matter under this
Act; and
(vii) may require the Secretary
of the Department to
obtain and submit to the
Committee such reports
as it may require, or as
may be prescribed, with
respect to the matters
referred to in
paragraph (b)(i) and (ii);
(c) by omitting from subsection (2)(b) "will
not result in a concentration in excess of
1·2 parts by weight of fluoride per 1 000
000 parts of water." and substituting "is
within the prescribed fluoride
concentration range.";
(d) by omitting subsection (6).
6. Section 9 amended (Power of the Committee to
require information and to enter on land)
The penalty under section 9(2) of the Principal
Act is amended by omitting "10 penalty units"
and substituting "50 penalty units".
7
Fluoridation Amendment Act 2009
Act No. of
s. 7
7. Section 11 amended (Maximum and minimum
concentration of fluoride)
Section 11 of the Principal Act is amended by
omitting paragraph (c) and substituting the
following paragraph:
(c) must cause the content of fluoride in that
public water supply to be maintained
within the prescribed fluoride
concentration range;
8. Section 15 repealed
Section 15 of the Principal Act is repealed.
9. Section 16 amended (Offences and penalty)
Section 16(2) of the Principal Act is amended by
omitting "5 penalty units, and, in the case of a
continuing offence, an additional fine not
exceeding 2 penalty units for each day on which
the offence continues after conviction" and
substituting "50 penalty units".
10. Section 17 amended (Annual report and special
reports)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
8
Fluoridation Amendment Act 2009
Act No. of
s. 11
(b) by omitting from subsection (2) "In
addition to the report mentioned in
subsection (1), the" and substituting
"The";
(c) by omitting subsection (3) and
substituting the following subsection:
(3) The Director of Public Health
must submit to the Regulator,
within the meaning of the Water
and Sewerage Industry Act
2008
(a) a copy of any report by
the Committee to the
Minister under
section 8(1)(da); and
(b) a copy of the Committee's
report to the Minister
under section 8(1)(db).
11. Section 18 amended (Regulations)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(i) "and"
second occurring;
(b) by omitting paragraph (j) from
subsection (1) and substituting the
following paragraphs:
9
Fluoridation Amendment Act 2009
Act No. of
s. 11
(j) the fluoride concentration range
for public water supplies;
(k) standards or guidelines for the
quality of fluoride to be added to
public water supplies;
(l) requiring a water supply authority
to prepare a contingency plan for
unintended events, including
fluoride concentration in a public
water supply falling outside the
prescribed fluoride concentration
range;
(m) requiring a water supply authority
to notify the Committee and
restore fluoride concentration in a
public water supply if it falls
outside the prescribed fluoride
concentration range;
(n) the timeframes for notification
and restoration referred to in
paragraph (m);
(o) the maintenance by a water
supply authority of fluoridation
works under its control;
(p) the development of an operational
manual by a water supply
authority for fluoridation works
under its control; and
(q) requiring a water supply authority
having the control of a
10
Fluoridation Amendment Act 2009
Act No. of
s. 11
fluoridated water supply to report
to the Committee for the purposes
of this Act.
(c) by omitting from subsection (2) "section
8(1)(d)(iii)" and substituting
"section 8(1)(dc)(iv)";
(d) by inserting the following subsections
after subsection (2):
(3) The regulations may be made so
as to apply differently according
to such factors as are specified in
the regulations.
(4) The regulations may
(a) provide that a
contravention of any of
the regulations is an
offence; and
(b) in respect of such an
offence, provide for the
imposition of a fine not
exceeding 50 penalty
units and, in the case of a
continuing offence, a
further fine not exceeding
10 penalty units for each
day during which the
offence continues.
(5) The regulations may authorise
any matter to be from time to
time approved, determined,
11
Fluoridation Amendment Act 2009
Act No. of
s. 11
applied or regulated by the
Committee.
(6) The regulations may adopt either
wholly or in part and with or
without modification, and either
specifically or by reference, any
standards or guidelines of the
National Health and Medical
Research Council whether the
standards or guidelines are
published or issued before or
after the commencement of this
Act.
12 Government Printer, Tasmania