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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--PEST CONTROL 3
4. Amendment of Part heading 3
5. Amendment of definition and Act reference 3
6. Registration requirements for pest control operators repealed 3
7. Licensing provisions 3
8. Licences 4
9. Duration of licences 6
10. Repeal of section 108D 6
11. Power to cancel or suspend licences 6
108F. Cancellation or suspension of licences 6
12. Requirement for medical examinations repealed 7
13. Amendment of the Agricultural and Veterinary Chemicals
(Control of Use) Act 1992 7
14. Transitional provisions for registered pest control operators 7
30A. Continuation of exemption for registered pest control
operators under Health Act 1958 7
PART 3--OTHER AMENDMENTS 9
15. Appointment of environmental health officers 9
16. Transitional provision 9
30B. Transitional provision--environmental health officers 9
17. Redundant provisions relating to meat supervision repealed 9
18. Redundant drugs provisions repealed 10
19. Consequential amendment of Chinese Medicine Registration
Act 2000 10
20. Statute law revision--Chinese Medicine Registration Act 2000 10
21. Consequential amendment to the Drugs, Poisons and
Controlled Substances Act 1981 11
22. Consequential amendment to the Pharmacists Act 1974 11
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Clause Page
23. Statute law revision and updating Act references 12
24. Updating references to Subordinate Legislation Act 12
ENDNOTES 14
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541173B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to make various amendments to the Health Act 1958, to repeal certain
redundant provisions of that Act, to amend other Acts and for other
purposes.
Health (Amendment) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make various amendments to the Health
5 Act 1958;
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541173B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Health (Amendment) Act 2001
s. 2
Act No.
(b) to repeal certain redundant provisions of that
Act;
(c) to amend other Acts.
2. Commencement
5 (1) This Act, except for sections 7(2), 15 and 16,
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Section 7(2) comes into operation on 1 January
2002.
10 (3) Subject to sub-section (4), sections 15 and 16
come into operation on a day to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation on or before 1 July 2002,
it comes into operation on that day.
15 3. Principal Act
See: In this Act, the Health Act 1958 is called the
Act No.
Principal Act.
6270.
Reprint No. 9
as at
1 January
1999
and
amending
Act Nos
12/1999,
18/2000,
74/2000 and
85/2000.
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_______________
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Health (Amendment) Act 2001
s. 4
Act No.
PART 2--PEST CONTROL
4. Amendment of Part heading
In the heading to Part V of the Principal Act, after
"SAFETY" insert "AND PEST CONTROL".
5 5. Amendment of definition and Act reference
In section 108A of the Principal Act for
paragraph (a) of the definition of "pesticide"
substitute--
"(a) any agricultural chemical product within the
10 meaning of the Agricultural and
Veterinary Chemicals (Control of Use)
Act 1992; and".
6. Registration requirements for pest control operators
repealed
15 Section 108B of the Principal Act is repealed.
7. Licensing provisions
(1) In section 108C of the Principal Act, for sub-
section (1) substitute--
"(1) A person must not use or permit any other
20 person to use any pesticide or class of
pesticides in the course of the business of a
pest control operator unless the user of the
pesticide holds a valid licence as an
authorized user of that pesticide or class of
25 pesticides and complies with the conditions
(if any) of that licence.
Penalty: 100 penalty units.".
(2) In section 108C of the Principal Act, after sub-
section (1), insert--
30 "(1A) Sub-section (1) does not apply if the use of
the pesticide is for the purposes of--
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Health (Amendment) Act 2001
s. 8
Act No.
(a) horticulture; or
(b) agriculture; or
(c) water treatment; or
5 (d) weed control; or
(e) controlling a pest animal to protect an
area or place which is not--
(i) a building used for commercial
purposes; or
10 (ii) domestic premises.".
8. Licences
(1) In section 108C(2) of the Principal Act--
(a) in paragraph (a)--
(i) after "he" insert "or she"; and
15 (ii) after "fee" insert "(if any)"; and
(b) in paragraph (b), for "licence." substitute
"licence; and"; and
(c) after paragraph (b) insert--
"(c) he or she is a natural person.".
20 (2) In section 108C of the Principal Act, after sub-
section (2) insert--
"(2A) Despite sub-section (2), if a natural person
satisfies a person nominated by the Secretary
that he or she is--
25 (a) undergoing training in the units of
competency specified in the National
Standard for Licensing Pest
Management Technicians published by
the National Environmental Health
30 Forum in 1999 as amended and in force
from time to time; or
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Health (Amendment) Act 2001
s. 8
Act No.
(b) enrolled in a prescribed course of
training--
the Secretary may grant a licence to that
person subject to the condition that the
5 licence holder may only use the pesticides or
classes of pesticides entered on the licence
under the supervision of a person who holds
a valid licence (other than a licence granted
under this sub-section) as an authorized user
10 of those pesticides or classes of pesticides.
(2B) The Secretary must not grant a licence under
sub-section (2A) to a person more than three
times.".
(3) In section 108C of the Principal Act, for sub-
15 section (3) substitute--
"(3) The Secretary shall cause to be entered on
every licence--
(a) the names of or the classes of pesticides
that the licence holder is authorized to
20 use; and
(b) in the case of a licence granted under
sub-section (2A)--
(i) a condition that the holder may
only use pesticides or classes of
25 pesticides entered on that licence
under the supervision of a person
who holds a valid licence (other
than a licence granted under sub-
section (2A)) as an authorized
30 user of those pesticides or classes
of pesticides; and
(ii) any other conditions to which the
licence is subject.".
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Health (Amendment) Act 2001
s. 9
Act No.
9. Duration of licences
In section 108C of the Principal Act, for sub-
section (4) substitute--
"(4) A licence under this section expires--
5 (a) in the case of a licence granted under
sub-section (2A), 12 months after the
date on which it is granted; and
(b) in any other case, 3 years after the date
on which it is granted.
10 (5) Despite sub-section (4)(b), a current licence
in existence immediately before the
commencement of section 9 of the Health
(Amendment) Act 2001 continues to have
effect until its expiry on 31 December 2001
15 as if sub-section (4)(b) had not been
enacted.".
10. Repeal of section 108D
Section 108D of the Principal Act is repealed.
11. Power to cancel or suspend licences
20 For section 108F of the Principal Act
substitute--
"108F. Cancellation or suspension of licences
(1) The Secretary may, if the Secretary thinks
fit, cancel or suspend for such period as the
25 Secretary determines the licence of any user
of pesticides if the licensed user of pesticides
is convicted of an offence against this
Division or the regulations made for the
purposes of this Division.
30 (2) If the Secretary is satisfied that a person who
is not licensed as required by this Division
has breached any provision of this Division
or any regulation made for the purposes of
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Health (Amendment) Act 2001
s. 12
Act No.
this Division, the Secretary may refuse to
grant a licence to that person.".
12. Requirement for medical examinations repealed
Section 108G of the Principal Act is repealed.
5 13. Amendment of the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992
See:
At the end of section 30 of the Agricultural and Act No.
Veterinary Chemicals (Control of Use) Act 46/1992.
Reprint No. 2
1992, insert-- as at
8 May 1997
10 "(2) Despite sub-section (1), a person who carries and
on a business or offers a service for fee or amending
Act Nos
reward which involves the use of a 58/1997,
prescribed chemical product or a chemical 46/1998 (as
amended by
product of a class that is prescribed is not No. 12/1999),
15 required to hold a commercial operator 52/1998 and
33/2000.
licence if the person ensures that the LawToday:
chemical product is used by a person www.dms.
dpc.vic.
authorized by a licence granted under gov.au
Division 2A of Part V of the Health Act
20 1958 to use that chemical product.".
14. Transitional provisions for registered pest control
operators
After section 30 of the Agricultural and
Veterinary Chemicals (Control of Use) Act
25 1992, insert--
"30A. Continuation of exemption for registered
pest control operators under Health Act
1958
Despite the repeal of section 108B of the
30 Health Act 1958 by the Health
(Amendment) Act 2001, a pest control
operator registered under that section
immediately before its repeal continues, for
the purposes of section 30 of this Act, to be
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Health (Amendment) Act 2001
s. 14
Act No.
exempt from the requirement to be licensed
under this Act until the expiry of that
operator's current registration on
31 December 2001.".
5 _______________
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Health (Amendment) Act 2001
s. 15
Act No.
PART 3--OTHER AMENDMENTS
15. Appointment of environmental health officers
In section 30A of the Principal Act, for sub-
section (2) substitute--
5 "(2) A council may only appoint as an
environmental health officer a person who
has the qualifications that are declared by the
Secretary as necessary for appointment as an
environmental health officer.
10 (3) The Secretary, by notice published in the
Government Gazette, may declare the
qualifications that are necessary for
appointment as an environmental health
officer.".
15 16. Transitional provision
After section 30A of the Principal Act insert--
"30B. Transitional provision--environmental
health officers
The appointment of a person as an
20 environmental health officer under section
30A(2) as in force immediately before the
commencement of section 15 of the Health
(Amendment) Act 2001 continues for the
duration of that appointment despite the
25 amendment of section 30A(2) by that Act.".
17. Redundant provisions relating to meat supervision
repealed
In the Principal Act--
(a) sections 305 and 309 are repealed;
30 (b) in section 312, omit "309,".
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Health (Amendment) Act 2001
s. 18
Act No.
18. Redundant drugs provisions repealed
(1) In section 3(1) of the Principal Act--
(a) in the definition of "analysis" omit "drug
or"; and
5 (b) the definition of "analyst" is repealed; and
(c) in the definition of "sell", omit "and in Part
XIV refers only to sale for human
consumption or use or for analysis;".
(2) Part XIV of the Principal Act is repealed.
10 (3) In section 390 of the Principal Act, sub-section
(2A) is repealed.
(4) In section 391(1)(c) of the Principal Act, omit
"analysts".
(5) In the Principal Act--
15 (a) in sections 401, 405, 407 and 408 omit "drug
or" (wherever occurring);
(b) in section 406(1) omit "drug" (where twice
occurring);
(c) in section 437(5) omit "drug".
20 19. Consequential amendment of Chinese Medicine
Registration Act 2000
See: In section 108 of the Chinese Medicine
Act No.
Registration Act 2000, sub-section (1) is
18/2000.
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25 20. Statute law revision--Chinese Medicine Registration
Act 2000
In clause 3 in the Schedule to the Chinese
Medicine Registration Act 2000--
(a) in item 3.1, for "After section 9" substitute
30 "Before section 10";
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Health (Amendment) Act 2001
s. 21
Act No.
(b) in item 3.1, for "9A." substitute "9B.";
(c) in item 3.2, in proposed paragraph (ba) for
"9A" substitute "9B";
(d) in item 3.3, in proposed paragraph (ab) for
5 "9A" substitute "9B";
(e) in item 3.4, in proposed paragraph (ba) for
"9A" substitute "9B".
21. Consequential amendment to the Drugs, Poisons and
Controlled Substances Act 1981
See:
10 In section 120(6) of the Drugs, Poisons and Act No.
Controlled Substances Act 1981, in the 9719.
Reprint No. 5
definition of "analyst" omit "or a person approved as at
for the time being as an analyst under the Health 31 December
1998
Act 1958 or any corresponding previous and
15 enactment for the analysis of food or drugs". amending
Act Nos
12/1999,
26/1999,
18/2000,
74/2000,
94/2000 and
SR Nos
107/1999 and
85/2000.
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22. Consequential amendment to the Pharmacists Act
1974
See:
(1) In the Pharmacists Act 1974, section 31 is Act No.
repealed. 8593.
Reprint No. 5
20 (2) In section 35(2) of the Pharmacists Act 1974 as at
1 January
omit "or a person approved as an analyst under 2000
the Health Act 1958 or any corresponding and
amending
previous enactment". Act No.
18/2000.
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Health (Amendment) Act 2001
s. 23
Act No.
23. Statute law revision and updating Act references
In the Principal Act--
(a) in section 24A(2A), for "section 44A of the
Audit Act 1958" substitute "section 12 of
5 the Audit Act 1994";
(b) in section 228(1)--
(i) for "(a) prescribing" substitute
"(e) prescribing";
(ii) for "(b) prescribing" substitute
10 "(f) prescribing";
(iii) for "(c) generally" substitute
"(g) generally";
(c) in section 162H(4) for "section 44A of the
Audit Act 1958" substitute "section 12 of
15 the Audit Act 1994".
24. Updating references to Subordinate Legislation Act
(1) In section 47D of the Principal Act, for sub-
sections (2) and (3) substitute--
"(2) The Regulations are subject to disallowance
20 by a House of Parliament.".
(2) In section 146 of the Principal Act, for sub-
sections (3) and (4) substitute--
"(3) The Regulations are subject to disallowance
by a House of Parliament.".
25 (3) In section 213 of the Principal Act, for sub-
sections (2) and (3) substitute--
"(2) The Regulations are subject to disallowance
by a House of Parliament.".
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Health (Amendment) Act 2001
s. 24
Act No.
(4) In section 376 of the Principal Act, for sub-
sections (2) and (3) substitute--
"(2) The Regulations are subject to disallowance
by a House of Parliament.".
5 (5) In section 390 of the Principal Act, for sub-
sections (2D) and (2E) substitute--
"(2D) The Regulations made under sub-section
(2C) are subject to disallowance by a House
of Parliament.".
10
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Health (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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541173B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
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