HEALTH ACT 1958 No. 6270 of 1958 Version incorporating amendments as at 1 November 2009 Health Act 1958 - TABLE OF PROVISIONS Section Page 1. Short title and commencement 2. Repealed PART I-INTRODUCTION 3. Definitions 4. Repealed 5. Application of Act PART II-ADMINISTRATION Division 1-General 6. Secretary 7. Secretary successor of Health Commission 8. Secretary subject to direction of Minister 8A. Delegation by Secretary 8B. Delegation by Minister 9. Data collection 9A. Opportunity of being heard by Secretary 10. Saving of rights of officers and persons affected by No. 4988. 11-15. Repealed Division 2-Repealed 16-23. Repealed 24. Consultative councils 24A. Disclosure of information by consultative councils Officers &c. 25. Further powers and duties of certain officers 26-29. Repealed Division 3-Local administration 29A. Functions of councils 29B. Municipal public health plans 29C. Inclusion of public health matters in Council Plan or strategic plan 29D. Transitional 30. Appointment of medical officers of health 30A. Appointment of environmental health officers 30B. Transitional provision-environmental health officers 31. Councils may share environmental health officers or medical officers of health 32. Council's delegation of power to refuse applications 33-36. Repealed 36A. Special powers of Secretary 37. Councils to report to the Secretary Divisions 4, 5-Repealed 38, 39. Repealed PART III-NUISANCES 39A. Application of Part 40. Definition 41. Duty of councils 42. Offence of causing a nuisance 43. Notification of nuisance 44. Notice to abate a nuisance 45. Failure of council to investigate complaint 46. Nuisance caused by two or more persons 47. Who may institute proceedings? 47A. Power of councils to delegate functions under this Part 47B. Power of councils to investigate nuisances outside their municipal districts 47C. Nuisances on unoccupied land 47D. Regulations PART IV-GENERAL SANITARY PROVISIONS Divisions 1-3-Repealed 48-67. Repealed Division 4-Offensive waterways etc. 68. Offensive waterways etc. on district boundaries etc. 69. Power to Secretary to require councils to show cause 70. Variation of orders 71. Execution of works 72. Waterways etc. not under control of council Division 5-Repealed 73-76. Repealed Division 6-Protection of water supplies 77-82. Repealed Division 7-Repealed 83, 84. Repealed Division 7A-Animals 85-86. Repealed 87. Regulations as to destruction etc. of rats and mice 88-91. Repealed Division 8-Repealed 92, 93. Repealed PART V-RADIATION SAFETY AND PEST CONTROL Divisions 1, 2-Repealed 94-108. Repealed Division 2AA-Radiation safety 108AA-108AL. Repealed Division 2A-Pest control operators 108A. Definitions 108B. Repealed 108C. Licensing of users of pesticides 108D. Repealed 108E. Returns 108F. Cancellation or suspension of licences 108G. Repealed 108H. Regulations Division 3-Repealed 109-117. Repealed PART VI-MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES Division 1-Preliminary 118. Definitions 119. Interpretation Division 2-Offences 120. Offence of infecting other persons Division 2A-Examining and testing after incidents involving care-givers or custodians 120A. Orders for tests 120AB. Further Orders or authorisations for tests 120AC. Post test or authorisation counselling 120B. Authorisation for tests 120C. Tests and test results 120D. No identification to be given 120DA. Directions about Orders or authorisations Division 3-Examining, testing, counselling, restriction and isolation orders 121. Orders 122. Appeals Division 4-Emergency powers 123. Power of Governor in Council to proclaim emergency 124. Orders of the Secretary in emergencies 125. Compensation for seizure of land, building or thing Division 5-Autopsies 126. Autopsies Division 6-Special provisions relating to the human immuno-deficiency virus 127. Information to be given to a person requesting a test for HIV 128. Privacy 129. Closure of court or tribunal 130. Information to be provided about the incidence of HIV Division 7-Blood and tissue donations 131. Definitions 132. Blood donations 132A. Transitional provision concerning statutory defence in relation to Hepatitis C 133. Tissue donations 134. Evidentiary 135. Liability of donors 136. False statements Division 8-Immunity 137. Immunity for giving information Division 9-Disease notification 138. Regulations about disease notification 139-142A Repealed PART VII-IMMUNISATION 143. Definitions 144. Immunisation status certificates to be produced upon enrolment at primary school 145. Outbreaks of prescribed infectious diseases in primary schools PART VIII-REGULATIONS 146. Regulations 147-149. Repealed 150-157. Repealed PARTS IX, IXA-Repealed 158-162A-Repealed PART IXB-CONSULTATIVE COUNCIL ON OBSTETRIC AND PAEDIATRIC MORTALITY AND MORBIDITY 162B. Definitions 162C. Constitution of Consultative Council 162CA. Repealed 162D. Procedure of Council 162E. Sub-committees 162F. Functions of the Council 162FA. Council may request disclosure 162FAA. Request to provide information in relation to the death of children 162FB. Disclosure of information held by the Council 162G. Report of birth 162H. Confidentiality 162I. Regulations PARTS X-XIA-Repealed 163-208I Repealed PART XII-ACCOMMODATION Division 1-Registration 209. Definitions 210. Registration 211. Offence 212. Access by authorised officers 213. Regulations Divisions 2-7-Repealed 214-227F Repealed PART XIII-PRECAUTIONS AGAINST FIRE 228. Regulations PARTS XIV, XIVA-Repealed 229-304B Repealed PART XV-MEAT SUPERVISION Divisions 1-Repealed 305. Repealed 306. Exceptions 307. Repealed 308. Definition of prohibited animal 309. Repealed 310. Storage of flesh of prohibited animals in certain shops 311. Storage of flesh of prohibited animals in certain vehicles 312. Exemption 313. Penalties 314. Regulations 315-327. Repealed Division 2-Repealed 328-332 Repealed PARTS XVI-XVIII-Repealed 333-366 Repealed PART XIX-REGISTRATIONS 366A. Repealed 366B. Premises 366C. Registration of premises 367. Registrations to be in manner prescribed 368. Registrations 369. Refusal of registration or renewal 370. Transfers 371. Register book 372. Powers and duties of Secretary or council 373. Repealed 374. Certificates of registration and renewal 374A. Delegation of councils' powers in relation to registration of premises 375. Registrations under other Acts 376. Regulations PART XX-GENERAL AND SUPPLEMENTARY Division 1-General 377-383A Repealed 384. Powers of persons directed to hold inquiries 385. Vessels 386. Concern in contracts prohibited 387. Appeal to judge of the County Court 388. Repealed Division 2-Proclamations, regulations, by-laws, orders etc. 389. Proclamation 389A. Supreme Court-limitation of jurisdiction 390. Regulations of the Governor in Council 391. General provisions as to regulations 392-396. Repealed Division 3-Enforcement of Act 397-399. Repealed 399A. Identity cards 400. Powers of entry and inspection 401. General powers of inspection seizure etc. 402. Interference with official marks or seals 403. Obstruction etc. of officers etc. 404. Interference etc. with officers 404A. Impersonating an officer 405. Examination and seizure of adulterated substances 406. Power to require information 407. Duties of officers seizing substances etc. 408. Remedy to persons for things seized 409. Defacing notice etc. 410. Offences by occupiers and others 411. Works to be done by occupier instead of owner 412. Expenses recoverable 413. Enforcement of duty with regard to land etc. 414. Power of councils where owner cannot be found 415-417. Repealed 418. Crown lands to be put into sanitary condition 419. Repealed 420. Power to inspect register of births and deaths Division 4-Offences and legal proceedings 421. Other proceedings not affected 422. General penalty 423. Recovery of costs and expenses 424. Fraudulent conduct and false or misleading statements etc. 425. Service of notices and orders etc. 426. Proof of notices orders or documents 427. Continued operation of orders and notices 428. References to "owner" or "occupier" 429. No abatement 430-433. Repealed 434. Power to authorize proceedings 435. Power of officers to prosecute 436. Repealed 437. Simplification of proof in certain cases 438. Proof of by-laws regulations etc. 439. Documents as evidence 440. Evidence of orders notices etc. 441. Repealed 442. Certain signatures to be judicially noticed 442A. Repealed 443. Proof of ownership 444. Complaints etc. before Magistrates' Court 445. Appeal 446. Repealed 447. Proceedings in the Supreme Court 448. Removal of order etc. into Supreme Court 449. Repealed 450. Application of penalties Divisions 5, 6-Repealed 451, 452 Repealed __________________ 1-5-Repealed SCHEDULE 6-Notice of Birth to the Municipal Clerk 7-11-Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Health Act 1958 - SECT 1 Short title and commencement 1. Short title and commencement This Act may be cited as the Health Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. * * * * * Health Act 1958 - PART I PART I INTRODUCTION Health Act 1958 - SECT 3 Definitions 3. Definitions (1) In this Act unless inconsistent with the context or subject-matter- abatement when used in relation to nuisance or other cause of offence includes abatement removal and discontinuance; and to abate has a corresponding interpretation; * * * * * Act relating to local government includes the Local Government Act 1989; * * * * * alcohol means ethyl alcohol which at a temperature of 15×55 degrees Celsius has a specific gravity of 0×7936 (distilled water at the same temperature being taken as unity); analysis includes any bacteriological biochemical biological chemical electrical microscopical pathological physical or other test for ascertaining the composition or quality of any substance analyzed pursuant to this Act; * * * * * * * * * * author of a nuisance means any person by whose act default or sufferance the nuisance is caused or exists or is continued; authorized means authorized in writing either generally or specially by the Secretary or by a council (as the case may be); * * * * * brothel has the same meaning as in the Prostitution Control Act 1994; by-law means by-law made under or continued in operation by this Act; carcass includes each and every part of the carcass of an animal; carrier means any person having in his nose or throat or in his excretions or discharges germs of any infectious disease although presenting no signs or symptoms of disease; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * council means council within the meaning of section 3(1) of the Local Government Act 1989; * * * * * * * * * * dangerous to health includes injurious or prejudicial to health; and danger to health includes injury or prejudice to health; Department means the Department of Human Services; Division means Division of a Part of this Act; domestic partner of a person means- (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); * * * * * drug means any substance used as medicine or in the composition or preparation of medicines whether for external or internal use and without limiting the generality of the foregoing includes a drug that is a listed or registered therapeutic good within the meaning of the Therapeutic Goods (Victoria) Act 1994 or the Therapeutic Goods Act 1989 of the Commonwealth; food means any substance used or intended to be used for food or drink by man (other than drugs or water); and includes any article of food and any substance entering into or used in or intended to enter into or to be used in the preparation or composition of food; and also includes confectionery and flavouring and colouring matters and spices and condiments; * * * * * * * * * * health officer means a registered medical practitioner who is a health officer of the Department; HIV means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions; house includes dwellings of any kind schools licensed premises within the meaning of the Liquor Control Reform Act 1998 factories work-rooms shops boarding-houses lodging-houses tents and other buildings or structures (whether temporary or permanent); and also includes any vessel lying in any river harbour or other water within the territorial waters of Victoria other than a vessel which is under the command or charge of any officer bearing Her Majesty's commission or which belongs to the Government of any foreign State; household insecticide means a substance or compound which- (a) is sold for use for destroying or repelling insects or other similar pests which affect or are likely to affect any person or domestic animal or any article or material found in any private dwelling-house or in any premises registered under this Act or in licensed premises within the meaning of the Liquor Control Reform Act 1998; or (b) is declared by proclamation to be a household insecticide- but does not include any substance or compound which is sold for use for primary production purposes; * * * * * infectious disease means a disease or condition prescribed by the regulations to be an infectious disease; inspector includes any acting or assistant inspector; isolation means the segregation and separation of persons who are infected or suspected of being infected from other persons; label includes any tag, brand, mark, or statement in writing on or attached to or used in connexion with any package containing any drug or substance; land includes messuages buildings lands and hereditaments of every tenure; also rivers streams wells and waters of every description; and also easements of every description in respect of the foregoing particulars; * * * * * meat includes small goods; * * * * * medical officer of health means a registered medical practitioner being a medical officer of health of a council; * * * * * medical surveillance means the keeping of a person under medical supervision; * * * * * * * * * * * * * * * * * * * * municipal district means a district under the local government of a council; and includes any place under the jurisdiction of a council or the council thereof but outside the municipal district; * * * * * newspaper means a newspaper generally circulating in the municipal district; * * * * * * * * * * offensive, except in Part III, includes noxious; and offensiveness includes noxiousness; * * * * * officer includes any officer or inspector or environmental health officer (whether of the Department or of any council) and also any authorized member of the police force; owner means the person for the time being entitled to receive the rent of the land or premises in connexion with which the word is used (whether on his own account or as the agent of or as trustee for any other person) or who would be entitled to receive the same if the land or premises were let at a rent; package includes every means by which goods for carriage or for storage or for sale may be cased covered enclosed contained or packed; and to pack has a corresponding interpretation; parent includes- (a) a step-parent; (b) an adoptive parent; (c) a foster parent; (d) a guardian; (e) a person who has day to day care and control of a child and with whom the child ordinarily resides; Part means Part of this Act; * * * * * premises includes messuages buildings lands and hereditaments of every tenure; and also any machinery plant appliance or vehicle used in connexion with any trade carried on at any premises; prescribed means prescribed by or under this Act; * * * * * proclamation means proclamation of the Governor in Council; proof spirit means a mixture of alcohol and distilled water which contains 49×28 per centum of alcohol by weight and 57×10 per centum of alcohol by volume and at a temperature of 15×55 degrees Celsius has a specific gravity of 0×91976 (distilled water at the same temperature being taken as unity); prostitution has the same meaning as in the Prostitution Control Act 1994; * * * * * public building means- (a) any hospital or any benevolent or other asylum or institution not wholly supported by the State; and not being a private hospital as defined in this Act; (b) any theatre, opera house, concert music assembly dance or cinematograph hall, cabaret, skating rink, arena, amphitheatre or circus, or any building, enclosure, gallery, platform, tent or structure whatsoever in around or upon which numbers of persons are usually or occasionally assembled for the purposes of recreation, amusement entertainment or instruction, and not being a structure that is operated for hire or reward and is intended for use by members of the public for their entertainment or amusement, where the entertainment or amusement is intended to be derived by those persons when there is movement of the structure or a part thereof or when they are travelling on around or along the structure or a part thereof; (c) any school (not being a Government school within the meaning of the Education and Training Reform Act 2006); (d) any church chapel or meeting house; and (e) any kind or class of building or any particular building declared by proclamation to be a public building within the meaning of this Act; and (whether any public building is permanent or temporary) includes any building room or stage forming part of or appurtenant to or used in connexion with such public building; * * * * * public place includes every place to which the public ordinarily has access whether by payment or not; * * * * * registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005; regulation means regulation made under or continued in operation by this Act; * * * * * sample includes part of a sample; * * * * * Schedule means Schedule to this Act; * * * * * Secretary means- (a) in relation to any act to which section 6(3) applies, the body corporate established under section 6; and (b) in any other case, the Secretary to the Department of Human Services; sell includes sell (whether by wholesale or retail or by means of any machine or mechanical device) and barter or exchange; and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things; and sale has a corresponding interpretation; * * * * * * * * * * small goods means any article of food prepared wholly or in part from small portions of meat; specified when used in connexion with any proclamation, Order in Council, regulation, by-law, order, notice, or direction means specified therein or thereby; specified infectious disease means- (a) HIV; or (b) any form of hepatitis which may be transmitted by blood or body fluid; or (c) an infectious disease declared by the regulations to be a specified infectious disease for the purposes of this Act; street includes any highway and any public bridge and any road lane footway square court alley or passage whether a thoroughfare or not; substance includes any article or compound; * * * * * this Act includes proclamations Orders in Council regulations and by-laws made under or continued in operation by this Act; trade or business includes trade business manufacture process or occupation; vessel includes ship or boat. (2) If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definitions of Department and Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. (3) For the purposes of the definition of domestic partner in subsection (1)- (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. * * * * * Health Act 1958 - SECT 5 Application of Act 5. Application of Act (1) Save as otherwise expressly provided this Act shall apply to every municipal district: Provided that the Governor in Council may by proclamation exempt from the operation of any specified provisions of this Act any municipal district or part thereof for any period. (2) All or any of the provisions of this Act may be extended by proclamation to any place not situate in a municipal district; and in every such case the Secretary shall have and may exercise in respect of such place all the powers duties and authorities of councils and of the Secretary. (3) The Governor in Council may make regulations for carrying into effect the purposes of this section. _______________ Health Act 1958 - PART II PART II ADMINISTRATION Division 1-General Health Act 1958 - SECT 6 Secretary1 6. Secretary1 (1) The person who is for the time being the Department Head (within the meaning of the Public Administration Act 2004) of the Department and the successors in office of that person are a body corporate under the name "Secretary to the Department of Human Services" and by that name- (a) has perpetual succession and a corporate seal; and (b) is capable in law- (i) of suing and being sued; and (ii) of acquiring, holding and disposing of real and personal property; and (iii) of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this or any other Act. (2) The body corporate under subsection (1) is the successor in law of the body corporate established under section 6(2) of this Act as in force immediately before the commencement of section 5 of the Health and Community Services (General Amendment) Act 1993. (3) Any act required to be done by the Secretary under this Act or any other Act that requires dealing with an interest in land or that is intended to bind any person holding the office of Department Head (within the meaning of the Public Administration Act 2004) of the Department and that person's successors in office must be done by the body corporate established under this section. (4) A reference in any Act other than this Act or in any document to the Secretary of the Department (however expressed) must be taken to be a reference to the Secretary within the meaning of section 3. Health Act 1958 - SECT 7 Secretary successor of Health Commission 7. Secretary successor of Health Commission The Secretary is the successor in law of the Health Commission of Victoria. Health Act 1958 - SECT 8 Secretary subject to direction of Minister 8. Secretary subject to direction of Minister In the exercise of the powers, discretions, functions and authorities and in the exercise of the duties conferred or imposed upon the Secretary by or under this or any other Act, the Secretary is subject to the direction and control of the Minister. Health Act 1958 - SECT 8A Delegation by Secretary 8A. Delegation by Secretary (1) The Secretary may, by instrument, delegate to- * * * * * (b) any employee or class of employees in the public service; or (c) any public entity or the chief executive officer (however described) of any public entity; or (d) any council or officer of a council- any power or function of the Secretary under this or any other Act or under the regulations under this or any other Act, other than this power of delegation. (2) Despite subsection (1), any power or function delegated to a person under paragraph (c) of that subsection may be delegated by that person to an officer or employee of that person. (3) A delegation under subsection (1) may be made- (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. Health Act 1958 - SECT 8B Delegation by Minister 8B. Delegation by Minister The Minister may, by instrument, delegate to any person or class of persons employed in the Department or to any other officer or class of officers in the public service any power or function of the Minister under this or any other Act or under the regulations under this or any other Act, other than this power of delegation. Health Act 1958 - SECT 9 Data collection 9. Data collection The Secretary must- (a) establish a comprehensive information system which includes information on- (i) the causes, effects and nature of illness among Victorians and groups of Victorians; and (ii) the determinants of good health and ill health; and (iii) the utilisation of health services in Victoria; and (b) analyse and disseminate this information widely to members of the public. Health Act 1958 - SECT 9A Opportunity of being heard by Secretary 9A. Opportunity of being heard by Secretary Where, under this Act, the Secretary is authorized or required to hear a person or to give a person an opportunity of being heard before making a determination in a matter, the Secretary may designate any two or more persons to hear that person on behalf of the Secretary and to report on that hearing to the Secretary and make any recommendation and such a hearing shall, for the purposes of this Act, be deemed to be a hearing of that person by the Secretary, but the final determination of the matter shall be made by the Secretary. Health Act 1958 - SECT 10 Saving of rights of officers and persons affected by No. 4988 10. Saving of rights of officers and persons affected by No. 4988 Notwithstanding anything in this Act or the Ministry of Health Act 1943, no officer or person whosoever shall by reason of the operation of the Ministry of Health Act 1943 be in any worse position with regard to his accrued or accruing rights relating to tenure of office salary pension or superannuation than he would have been if that Act had not been passed. * * * * * * * * * * * * * * * Health Act 1958 - SECT 24 Consultative councils 24. Consultative councils (1) For the purposes of this Act and any other Act conferring powers or imposing functions on the Secretary, the Minister by Order- (a) may establish such consultative councils as the Minister thinks fit in respect of such matters as the Minister determines and specified in the Order; and (b) may in any case where the Minister thinks it expedient, appoint a Board or Commission or other body established by or under an Act or a Committee of such a Board, Commission or body to be a consultative council under this section. (2) A consultative council consists of a chairperson and such number of other members the majority of whom shall be persons with special knowledge in the matters referred to the council as is specified in the Order. (2A) The Minister may in an Order empower a consultative council to co-opt any person with special knowledge or skills to assist the council in a particular matter on the terms specified in the Order. (2B) A person who has been co-opted to assist a consultative council is to be considered to be a member of that council until the period of co-option ends. (3) The Minister may by Order revoke, vary or amend an Order under subsection (1) or under a corresponding previous enactment. (4) The Governor in Council may make regulations for or with respect to- (a) prescribing the powers and duties of consultative councils established under this section or under a corresponding previous enactment and of the chairman and other members and of consultative councils appointed under this section; and (b) generally carrying into effect the objects of this section. Health Act 1958 - SECT 24A Disclosure of information by consultative councils 24A. Disclosure of information by consultative councils (1) A person who is or has been a member, officer or employee of a prescribed consultative council must not, without- (a) the consent of the person from whom the information was obtained; and (b) the approval of the Minister- disclose to any other person any information obtained in the course of or in connexion with membership of, or employment by, the consultative council. Penalty: 5 penalty units. (2) Notwithstanding anything to the contrary in this or any other Act, a person who has obtained information in the course of, or in connexion with, membership of, or employment by, a prescribed consultative council is neither competent nor compellable in any proceedings to answer any question or produce any document relating to any such information except with the approval of the Minister. (2A) Subsection (2) has effect despite anything to the contrary in section 12 of the Audit Act 1994. (3) Nothing in this section prevents a prescribed consultative council from including information in any document that does not contain any particulars which would lead to the identification of a person from whom or in relation to whom the information was obtained. Officers &c. Health Act 1958 - SECT 25 Further powers and duties of certain officers 25. Further powers and duties of certain officers In addition to any other powers and duties- (a) the Secretary and every health officer shall have and may exercise all or any of the powers and duties of medical officers of health and of environmental health officers of councils; and (b) every engineer and every environmental health officer who is an employee in the Department shall have and may exercise all or any of the powers and duties of environmental health officers of councils. * * * * * Division 3-Local administration Health Act 1958 - SECT 29A Functions of councils 29A. Functions of councils The function of every council under this Act is to seek to prevent diseases, prolong life and promote public health through organised programs including the prevention and control of- (a) environmental health dangers; and (b) diseases; and (c) health problems of particularly vulnerable population groups- by- (d) isolating the special factors affecting the health of people within the municipal district; and (e) developing and enforcing up-to-date public health standards and intervening if the health of people within the municipal district is affected; and (f) monitoring the activities of and assisting other agencies whose work has an impact on public health and, if necessary, advocating on behalf of the people within the municipal district for adoption and enforcement by those agencies of appropriate standards; and (g) co-ordinating the immunisation of children living or being educated within the municipal district; and (h) ensuring that the municipal district is maintained in a clean and sanitary condition. Health Act 1958 - SECT 29B Municipal public health plans 29B. Municipal public health plans (1) Unless section 29C applies, a Council must, in consultation with the Secretary, prepare a municipal public health plan within the period of 12 months after each general election of the Council. (2) A municipal public health plan must- (a) include an examination of data about health status and health determinants in the municipal district; (b) identify goals and strategies based on available evidence for creating a local community in which people can achieve maximum health; (c) provide for the involvement of people in the local community in the development, implementation and evaluation of the public health plan; (d) specify how the Council will work in partnership with the Department and other agencies undertaking public health initiatives, projects and programs to accomplish the goals and strategies identified in the public health plan; (e) be consistent with- (i) the Council Plan prepared under section 125 of the Local Government Act 1989; and (ii) the municipal strategic statement prepared under section 12A of the Planning and Environment Act 1987. (3) A Council must review its municipal public health plan annually and, if appropriate, amend the plan. (4) Despite subsection (2)(c), a Council is not required to provide for the involvement of people in the local community when reviewing or amending a municipal public health plan under subsection (3). (5) A Council must give a copy of the current municipal public health plan to the Secretary. (6) A copy of the current municipal public health plan must be available for inspection by the public at the places at which the current Council Plan must be available under section 125(11) of the Local Government Act 1989. Health Act 1958 - SECT 29C Inclusion of public health matters in Council Plan or strategic plan 29C. Inclusion of public health matters in Council Plan or strategic plan (1) A Council is not required to comply with section 29B if- (a) the Council complies with this section; and (b) the Secretary grants the Council an exemption from complying with section 29B. (2) If a Council intends to comply with this section, the Council must- (a) address the matters specified in section 29B(2) in the Council Plan to be prepared under section 125 of the Local Government Act 1989 or in a Strategic Plan prepared and approved by the Council; (b) if the matters specified in section 29B(2) are included in the Council Plan, review the Council Plan in accordance with section 125(7) of the Local Government Act 1989; (c) if the matters specified in section 29B(2) are included in a Strategic Plan, review the Strategic Plan annually. (3) A Council may apply to the Secretary for an exemption from complying with section 29B by submitting a draft of the Council Plan or Strategic Plan which addresses the matters specified in section 29B(2). (4) If the Secretary is satisfied that the draft Council Plan or Strategic Plan adequately addresses the matters specified in section 29B(2), the Secretary must grant the Council an exemption from complying with section 29B. (5) If the Secretary is not satisfied that the draft Council Plan or Strategic Plan adequately addresses the matters specified in section 29B(2), the Secretary must- (a) refuse to grant an exemption from complying with section 29B(2); and (b) advise the Council in writing- (i) of the reasons for refusing to do so; and (ii) as to the changes that should be made to the draft Council Plan or Strategic Plan. (6) If a Council has been granted an exemption from complying with section 29B, the Council must give a copy of the current Council Plan or Strategic Plan to the Secretary if a change is made to the Council Plan or Strategic Plan which relates to the matters specified in section 29B(2). Health Act 1958 - SECT 29D Transitional 29D. Transitional A municipal public health plan in force under section 29B as in force immediately before the commencement of section 263 of the Public Health and Wellbeing Act 2008 is taken to be a municipal public health plan under section 29B as in force on and from that commencement. Health Act 1958 - SECT 30 Appointment of medical officers of health 30. Appointment of medical officers of health (1) Every council must appoint a medical officer of health, who must be a registered medical practitioner. (2) The medical officer of health- (a) is entitled to receive the remuneration and allowances specified; and (b) holds office on the terms and conditions- in that officer's instrument of appointment. (3) A medical officer of health appointed by a council must provide advice and assistance on health matters to, and at the request of- (a) the Secretary; and (b) the council. Health Act 1958 - SECT 30A Appointment of environmental health officers 30A. Appointment of environmental health officers (1) Every council must appoint one or more environmental health officers. (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. (3) The Secretary, by notice published in the Government Gazette, may declare the qualifications that are necessary for appointment as an environmental health officer. Health Act 1958 - SECT 30B Transitional provision-environmental health officers 30B. Transitional provision-environmental health officers The appointment of a person as an 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 amendment of section 30A(2) by that Act. Health Act 1958 - SECT 31 Councils may share environmental health officers or medical officers of health 31. Councils may share environmental health officers or medical officers of health Despite anything in this or any other Act, 2 or more councils may appoint the same person to be their environmental health officer or to be their medical officer of health. Health Act 1958 - SECT 32 Council's delegation of power to refuse applications 32. Council's delegation of power to refuse applications Despite section 98 of the Local Government Act 1989, the exercise by a delegate of a council's power to refuse an application under this Act is valid only if the Council later ratifies that refusal. * * * * * Health Act 1958 - SECT 36A Special powers of Secretary 36A. Special powers of Secretary If, in the Secretary's opinion, there is an emergency or sudden necessity, the Secretary may do all or any of the following- (a) order a council to perform any duties that the Secretary directs; (b) perform all or any of the functions of a council; (c) order any officer of a council to carry out a particular function; (d) order any medical officer of health or any environmental health officer to perform any duties in another municipal district that the Secretary directs. Health Act 1958 - SECT 37 Councils to report to the Secretary 37. Councils to report to the Secretary Every council shall furnish to the Secretary reports as follows in such form and containing such particulars as the Secretary requires: (a) On or before the last day of February-an annual report up to the preceding thirty-first day of December as to matters relating to the public health and sanitary circumstances of its municipal district; and (b) At such other times as the Secretary directs-reports as to any matters specified by the Secretary. * * * * * _______________ Health Act 1958 - PART III PART III NUISANCES Health Act 1958 - SECT 39A Application of Part 39A. Application of Part This Part applies to nuisances which are, or are liable to be, dangerous to health or offensive and in particular to nuisances arising from or constituted by- (a) any building or structure; or (b) any land, water or land covered by water; or (c) any animal, bird or pest animal within the meaning of section 108A; or (d) any refuse; or (e) any noise or emission; or (f) any state, condition or activity; or (g) any other matter or thing- which is, or is liable to be, dangerous to health or offensive. Health Act 1958 - SECT 40 Definition 40. Definition (1) In this Part- offensive means noxious, annoying or injurious to personal comfort. (2) In determining whether a state, condition or activity is a nuisance which is, or is liable to be, dangerous to health or offensive- (a) regard must not be had to the number of persons affected or that may be affected by the state, condition or activity; and (b) regard may be had to the degree of offensiveness of the state, condition or activity. Health Act 1958 - SECT 41 Duty of councils 41. Duty of councils A council must remedy as far as is reasonably possible all nuisances in its municipal district. Health Act 1958 - SECT 42 Offence of causing a nuisance 42. Offence of causing a nuisance A person must not- (a) cause a nuisance; or (b) knowingly allow or suffer a nuisance to exist on or emanate from any land owned or occupied by or in the charge of that person. Penalty: 100 penalty units. Health Act 1958 - SECT 43 Notification of nuisance 43. Notification of nuisance (1) If a person believes that a nuisance exists, that person may notify the municipal council in whose municipal district the alleged nuisance occurs. (2) The council must investigate any notice of a nuisance. (3) If, upon investigation, a nuisance is found to exist, the council must- (a) take action to abate the nuisance; or (b) if the council is of the opinion that the matter is better settled privately, advise the person notifying the council of the nuisance of any available methods for settling the matter privately. Health Act 1958 - SECT 44 Notice to abate a nuisance 44. Notice to abate a nuisance (1) If the council is satisfied that a nuisance exists, it may serve a notice on the person who is causing the nuisance or, if that person cannot be found, on the owner or occupier of the land or person in charge of the land from which the nuisance emanates, requiring the abatement of the nuisance. (2) A notice under subsection (1)- (a) must specify the time within which the nuisance must be abated; and (b) may specify steps to be taken to prevent the recurrence of the nuisance and the time within which they are to be done. (3) If- (a) the person on whom the notice is served does not comply with it; or (b) the nuisance, although removed, is, in the opinion of the council, likely to recur- the council may cause a complaint to be made to the Magistrates' Court which may summon the person to appear before the Magistrates' Court. (4) If the court is satisfied that the nuisance exists or is likely to recur, the court must order that person to do either or both of the following- (a) comply with the notice; (b) carry out works to prevent the recurrence of the nuisance. (5) The court may also- (a) impose a penalty of not more than 100 penalty units on the person on whom the order is made; and (b) give directions as to the payment of all or any of the costs and expenses. (6) Before making any order the court may if it thinks fit adjourn the hearing or further hearing of the case until an inspection, investigation or analysis in respect of the alleged nuisance has been made by some competent person. (7) The court may issue a closing order prohibiting the use of a house for human occupation if a nuisance is proved to exist which, in the opinion of the court, renders the house unfit for human occupation. (8) An order under subsection (7) lasts until, in the judgment of the court, the house is fit for human occupation. (9) If an order has been made under this section, the council may- (a) enter the land to which the order relates and abate the nuisance and do whatever is necessary to execute the order; and (b) recover the costs and expenses incurred by it from the person on whom the order is made. (10) A person who- (a) wilfully contravenes an order under subsection (7); or (b) fails to comply with any other order under this section (unless the person satisfies the court that he or she has used all diligence to comply with the order)- is guilty of an offence and liable to a penalty of not more than 100 penalty units. Health Act 1958 - SECT 45 Failure of council to investigate complaint 45. Failure of council to investigate complaint (1) If the council does not within a reasonable time of being notified of an alleged nuisance investigate the subject-matter of the notification, the person who notified the council may make a complaint to the Magistrates' Court of the existence of the alleged nuisance. (2) The Magistrates' Court may summon the person alleged to be causing the nuisance before it and the court may proceed as if the complaint had been made by a council. (3) If the court is satisfied that the person making a complaint under this section had reasonable grounds for doing so, the court may order the council to pay any costs and expenses incurred by that person. (3A) The court must not order a council to pay any costs or expenses under subsection (3) unless it first gives the council or its representative an opportunity to be heard. (4) If the court is satisfied that a complaint under this section is vexatious or frivolous, it may order the person making the complaint to pay the costs and expenses incurred by the person who has answered the complaint. Health Act 1958 - SECT 46 Nuisance caused by two or more persons 46. Nuisance caused by two or more persons (1) If a nuisance appears to be- (a) caused by two or more persons; or (b) allowed or suffered to exist on or emanate from any land owned or occupied by or in the charge of two or more persons- proceedings may be instituted against any one of those persons and all or any two or more of those persons may be included in one proceeding. (2) Any one or more of those persons- (a) may be ordered to abate the nuisance so far as it appears to the court to be- (i) caused; or (ii) allowed or suffered to exist on or emanate from the land- by the person or persons; or (b) may be prohibited from continuing to cause the nuisance; or (c) may be fined or otherwise punished even though the act or default of any one of the persons would not separately have caused a nuisance. (3) The costs and expenses may be distributed in a manner which appears to the court fair and reasonable. Health Act 1958 - SECT 47 Who may institute proceedings? 47. Who may institute proceedings? Proceedings must not be instituted for an offence under section 42 unless they are instituted by the council in whose municipal district the nuisance wholly or partly occurs. Health Act 1958 - SECT 47A Power of councils to delegate functions under this Part 47A. Power of councils to delegate functions under this Part A council may, by instrument, either generally or in a particular case, delegate to any one or more of its officers or employees any power or function of the council under this Part, other than this power of delegation. Health Act 1958 - SECT 47B Power of councils to investigate nuisances outside their municipal districts 47B. Power of councils to investigate nuisances outside their municipal districts A council may investigate a nuisance which occurs outside its municipal district if that nuisance affects the council's municipal district. Health Act 1958 - SECT 47C Nuisances on unoccupied land 47C. Nuisances on unoccupied land (1) Where any nuisance exists on or emanates from unoccupied land the owner of which is unknown to the council, the council may- (a) enter and take steps to abate the nuisance; and (b) do all things necessary for that abatement- whether the land is wholly or partly in the municipal district of the council. (2) If a council is abating a nuisance under subsection (1), another council is not competent to abate that nuisance. Health Act 1958 - SECT 47D Regulations 47D. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) the prevention of and abatement of nuisances; and (b) any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part. (2) The Regulations are subject to disallowance by a House of Parliament. * * * * * _______________ Health Act 1958 - PART IV PART IV GENERAL SANITARY PROVISIONS * * * * * * * * * * * * * * * Division 4-Offensive waterways etc.2 Health Act 1958 - SECT 68 Offensive waterways etc. on district boundaries etc. 68. Offensive waterways etc. on district boundaries etc. Where any waterway or open ditch or channel, being near to or on the boundaries of two or more municipal districts or running into two or more municipal districts, is foul or offensive or out of repair or otherwise defective the provisions of this Division shall apply. Health Act 1958 - SECT 69 Power to Secretary to require councils to show cause 69. Power to Secretary to require councils to show cause (1) The Secretary may require the councils of the said municipal districts to show cause why an order should not be made under this Division directing them or any of them to cleanse the waterway ditch or channel and remedy all defects affecting the same and prohibiting the recurrence of any such defects. (2) After hearing the councils or giving them an opportunity of being heard and after making such inquiry as the Secretary thinks necessary the Secretary may by order- (a) specify the works that are in the Secretary's opinion necessary in order to effectually cleanse the waterway ditch or channel and to remedy all defects in the same and to effect any requisite structural or non-structural improvements to the same; (b) direct one of the councils to execute the whole of the works or apportion the works and the execution thereof between two or more of the councils; (c) direct one of the councils to pay the whole cost of the works or apportion the cost between two or more of the councils; (d) prohibit the recurrence of the defect; and (e) give such other directions in the premises as the Secretary thinks fit. Health Act 1958 - SECT 70 Variation of orders 70. Variation of orders Any order of the Secretary under this Division- (a) may be revoked rescinded amended or varied by subsequent order made by the Secretary on the application of the councils or any of them and after the parties have had an opportunity of being heard; and (b) shall according to its tenor bind all the councils concerned. Health Act 1958 - SECT 71 Execution of works 71. Execution of works (1) The Secretary may appoint an engineer or other competent person to supervise the execution of the works, and the expenses of such supervision shall be deemed to be part of the cost of the works. (2) The works shall be executed with all reasonable diligence and to the satisfaction of the Secretary. Health Act 1958 - SECT 72 Waterways etc. not under control of council 72. Waterways etc. not under control of council (1) The jurisdiction of the Secretary under this Division shall not be affected by the fact that independently of this Division the waterway ditch or channel would not be under the control of the council executing the work or of any of the councils. (2) If, independently of this Division, any person (other than a municipality or council) would be liable in law to cleanse the waterway ditch or channel or to keep the same in repair or would be responsible in law for the defects the council executing or by order under this section directed to execute any work under this Division shall be entitled to recover from such person the whole or a duly proportionate part of the costs and expenses incurred by it under this Division. * * * * * Division 6-Protection of water supplies * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Division 7A-Animals * * * * * Health Act 1958 - SECT 87 Regulations as to destruction etc. of rats and mice 87. Regulations as to destruction etc. of rats and mice The Governor in Council may make regulations for or with respect to- (a) the catching or destroying of rats and mice; (b) the removal or improvement of conditions likely to favour the harborage or multiplication thereof; (c) prescribing measures (including structural arrangements and alterations) to be taken so as to exclude rats and mice from any specified classes of places or buildings; (d) the disposal of the carcasses of rats and mice; and (e) generally, prescribing any matters or things necessary or convenient to be prescribed in connexion with the foregoing matters or any of them. * * * * * * * * * * _______________ Health Act 1958 - PART V PART V RADIATION SAFETY AND PEST CONTROL * * * * * * * * * * Division 2AA-Radiation safety * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Division 2A-Pest control operators Health Act 1958 - SECT 108A Definitions 108A. Definitions In this Division unless inconsistent with the context or subject-matter- firm means an unincorporated body of persons associated together for the purposes of carrying on business; licence means licence granted by the Secretary under this Division; person includes a firm; pest animal means a pest animal under the Catchment and Land Protection Act 1994; pest control operator means a person who carries on or holds himself out in any way as carrying on the business of controlling, destroying or repelling pests; pesticide means- (a) any agricultural chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992; and (b) any household insecticide; and (c) any substance prescribed as a pesticide; pests includes- (a) insects or other pests which affect or attack or are likely to affect or attack persons animals plants or fruit; (b) pest animals, fungi or other parasitic plants and bacteria; and (c) anything prescribed as pests; * * * * * * * * * * Health Act 1958 - SECT 108C Licensing of users of pesticides 108C. Licensing of users of pesticides (1) A person must not use or permit any other 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 pesticides and complies with the conditions (if any) of that licence. Penalty: 100 penalty units. (1A) Subsection (1) does not apply if the use of the pesticide is for the purposes of- (a) horticulture; or (b) agriculture; or (c) water treatment; or (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 (ii) domestic premises. (2) A person shall not be entitled to nor be granted a licence referred to in subsection (1) unless- (a) he or she has paid the prescribed licence fee (if any); and (b) he or she satisfies a person nominated by the Secretary that he or she is qualified as prescribed to be granted that licence; and (c) he or she is a natural person. (2A) Despite subsection (2), if a natural person satisfies a person nominated by the Secretary that he or she is- (a) undergoing training in the units of competency specified in the National Standard for Licensing Pest Management Technicians published by the National Environmental Health Forum in 1999 as amended and in force from time to time; or (b) enrolled in a prescribed course of training- the Secretary may grant a licence to that person subject to the condition that the 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 subsection) as an authorized user of those pesticides or classes of pesticides. (2B) The Secretary must not grant a licence under subsection (2A) to a person more than three times. (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 use; and (b) in the case of a licence granted under subsection (2A)- (i) a condition that the holder may only use pesticides or classes of pesticides entered on that licence under the supervision of a person who holds a valid licence (other than a licence granted under subsection (2A)) as an authorized user of those pesticides or classes of pesticides; and (ii) any other conditions to which the licence is subject. (4) A licence under this section expires- (a) in the case of a licence granted under subsection (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. (5) Despite subsection (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 as if subsection (4)(b) had not been enacted. * * * * * Health Act 1958 - SECT 108E Returns 108E. Returns Every pest control operator shall make returns to the Secretary as and when prescribed stating the pesticides used in the course of his business during the relevant period and the purpose for which and the places where they have been so used. Health Act 1958 - SECT 108F Cancellation or suspension of licences 108F. Cancellation or suspension of licences (1) The Secretary may, if the Secretary thinks fit, cancel or suspend for such period as the 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. (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 this Division, the Secretary may refuse to grant a licence to that person. * * * * * Health Act 1958 - SECT 108H Regulations 108H. Regulations The Governor in Council may make regulations for or with respect to prescribing all matters which by this Division are required or permitted to be prescribed or are necessary or expedient to be prescribed for carrying out or giving effect to this Division. * * * * * _______________ Health Act 1958 - PART VI PART VI MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES Division 1-Preliminary Health Act 1958 - SECT 118 Definitions 118. Definitions In this Part- care-giver or custodian means- (a) a registered medical practitioner or registered dentist or registered nurse; or (b) an ambulance officer; or (c) in relation to a person taken into legal or protective custody, any legal custodian of that person; or (d) a person who works in a prescribed field of health, welfare or custodial care; test means diagnostic procedure. Health Act 1958 - SECT 119 Interpretation 119. Interpretation The following principles apply for the purposes of the application, operation and interpretation of this Part- (a) the spread of infectious diseases should be prevented or limited without imposing unnecessary restrictions on personal liberty and privacy; (b) a person at risk of contracting or being infected with an infectious disease must take all reasonable precautions to avoid contracting or being infected with the disease; (c) a person who suspects that he or she has an infectious disease must ascertain- (i) whether he or she is infected; and (ii) what precautions should be taken to prevent others being infected; (d) a person with an infectious disease must take necessary measures to ensure that others are not unknowingly placed at risk of becoming infected; (e) a person with an infectious disease or at risk of contracting or being infected with an infectious disease has a right- (i) to be protected from unlawful discrimination; and (ii) to have his or her privacy respected; and (iii) to receive information about the medical and social consequences of the disease and any proposed treatment; and (iv) to have access to available and appropriate treatment- so long as those rights do not infringe on the well-being of others. Division 2-Offences Health Act 1958 - SECT 120 Offence of infecting other persons 120. Offence of infecting other persons (1) A person must not knowingly or recklessly infect another person with an infectious disease. Penalty: 200 penalty units. (2) In any prosecution under this section it is a defence to prove that the person infected with the infectious disease knew of and voluntarily accepted the risk of being infected with that infectious disease. Division 2A-Examining and testing after incidents involving care-givers or custodians Health Act 1958 - SECT 120A Orders for tests 120A. Orders for tests (1) If the Secretary reasonably believes that- (a) an incident has occurred, while a care-giver or custodian is acting in that capacity, in which, if any of those involved were infected by a specified infectious disease, the disease could have been transmitted to any of the other people involved; and (b) any of those people to whom the disease could have been transmitted has been counselled by a registered medical practitioner about the risk of transmission of the disease in the particular circumstances and about the medical and social consequences of being infected with the disease and has consented to be tested for that disease; and (c) any of those persons who, if he or she had the disease, could have transmitted it- (i) has been offered counselling, irrespective of whether the offer was accepted, and has refused to be tested for the disease; or (ii) is unconscious or otherwise does not have the capacity to consent to be tested for the disease; and (d) the making of the Order is necessary in the interest of rapid diagnosis and treatment for any of those involved- the Secretary may make an Order under subsection (2). (2) An Order referred to in subsection (1) must- (a) be in writing; (b) give details of the incident which led to its making; (c) name the person to whom it applies; (d) name the disease for which the person must be tested, which must be a disease for which another person has agreed to be tested under subsection (1)(b); (e) require that the person named in the Order be tested for that disease; (f) state where and when (or, in the case of a series of tests, the period within which) the tests must be undertaken; (g) state the type of testing required. (2A) The Secretary may also make an order under subsection (2) in respect of a person who has died if the Secretary reasonably believes that subsection (1)(a), (b) and (d) applies. (2B) For the purposes of this section a person is to be treated as not having the capacity to consent to be tested even if- (a) the lack of capacity is due to a temporary cause; or (b) there is another person who has the capacity to consent to testing on that person's behalf. (3) An Order must not be made under this section if more than 3 months has passed since the happening of the incident which would enable it to be made. (4) Section 121(7) and (10) apply to an Order under this section. Health Act 1958 - SECT 120AB Further Orders or authorisations for tests 120AB. Further Orders or authorisations for tests (1) This section only applies to a senior medical officer who is- (a) employed or engaged by, or performs work for- (i) a denominational hospital listed in Schedule 2 to the Health Services Act 1988; or (ii) a public hospital listed in Schedule 1 to that Act; or (iii) a public health service listed in Schedule 5 to that Act; or (iv) a multi purpose service within the meaning of that Act- and is authorised by that hospital or service or the chief executive officer of that hospital or service to make orders or authorise testing for the purposes of this section; or (b) employed or engaged by or performs work for, the proprietor of a private hospital that is- (i) registered under Part 4 of the Health Services Act 1988; and (ii) approved by the Secretary for the purposes of this section- and is authorised by the proprietor or chief executive officer of that hospital to make orders or authorise testing for the purposes of this section. (2) A senior medical officer has all the powers that the Secretary has to- (a) make an Order in the circumstances specified in section 120A(1)(c)(ii) or 120A(2A); or (b) authorise testing under section 120B in the circumstances specified in section 120A(1)(c)(ii) or 120A(2A)- in relation to the hospital or health service where that medical officer is employed or engaged or performs work. (3) This Division applies to- (a) an Order made by a senior medical officer and a test made under such an Order as if the Order were an Order made by the Secretary under section 120A; and (b) an authorisation made by a senior medical officer and a test made under such an authorisation as if the authorisation were an authorisation made by the Secretary under section 120B. (4) Despite subsection (3) and section 120A(4), section 121(10) does not apply to an Order or authorisation made by a senior medical officer. (5) Sections 120C(3) and (4) and 120D apply in relation to an Order or authorisation made by an authorised senior medical officer as if a reference to the Secretary were a reference to the authorised senior medical officer. (6) Section 137 applies to a pathologist who gives information to an authorised senior medical officer in relation to a test made under an Order or authorisation given under this section as if the information were given to the Secretary. Health Act 1958 - SECT 120AC Post test or authorisation counselling 120AC. Post test or authorisation counselling (1) A person who made an Order in the circumstances specified in section 120A(1)(c)(ii) or 120A(2A) or authorised the testing of a person's blood under section 120B in the circumstances specified in section 120A(1)(c)(ii) or 120A(2A) must ensure that the relevant person is counselled by a registered medical practitioner in accordance with this section. (2) The person tested or whose blood was tested must be counselled as soon as is practicable if the person has regained capacity to consent to testing after the testing. (3) If the person tested under the Order or whose blood was tested under an authorisation died before the testing or does not have or regain capacity to consent to testing, the person who made the Order or gave the authorisation must ensure that- (a) in the case of a minor, a parent or any other person who has all the duties, powers and responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children; and (b) in any other case, any person responsible under the Guardianship and Administration Act 1986 for the person tested- is counselled by a registered medical practitioner. (4) The person counselled must be provided with details of the test conducted, the reasons why the test was conducted, the results of the test and, if the test indicated the presence of an infectious disease, the effects of that disease on an infected person and the risk to public health of the disease. Health Act 1958 - SECT 120B Authorisation for tests 120B. Authorisation for tests (1) If- (a) the Secretary could make an Order in respect of a person under section 120A; and (b) a specimen of the person's blood has been stored at any place for any purpose; and (c) the Secretary considers that because of the person's state of health or for any other reason it would be inappropriate to make the Order; and (d) the Secretary is satisfied that, if the blood was authorised to be tested and was tested under this section, it could still be used for the purpose for which it was originally stored- the Secretary may authorise the testing of the specimen for any disease for which he or she could order the person to be tested under that section. (2) Sections 120A(2) and (3) and 121(7) apply to an authorisation as if it were an Order. Health Act 1958 - SECT 120C Tests and test results 120C. Tests and test results (1) No action lies against a pathologist or registered medical practitioner who conducts a test authorised under this Division. (2) Section 137 applies to a test conducted by a pathologist or registered medical practitioner under an Order or authorisation under this Division. (3) A pathologist or registered medical practitioner who conducts a test under an Order or authorisation under this Division must without delay report the test results to the Secretary. (4) On receiving the test results, the Secretary must without delay give notice of them to the appropriate person mentioned in section 120A(1)(b) and to the person tested. Health Act 1958 - SECT 120D No identification to be given 120D. No identification to be given (1) When advising a person mentioned in section 120A(1)(b) of the results of a test under this Division, the Secretary must not include information that would identify the person tested. (2) A person mentioned in section 120A(1)(b) who receives notice under this Division of the results of a test on another person must not disclose, communicate, or make a record of, anything in those results that would identify that other person. Penalty applying to this subsection: 50 penalty units. Health Act 1958 - SECT 120DA Directions about Orders or authorisations 120DA. Directions about Orders or authorisations (1) The Secretary may give directions to a hospital, public health service, multi purpose service, proprietor or an authorised senior medical officer referred to in section 120AB(1) about the following- (a) the requirements for persons suitable to be authorised as a senior medical officer for the purposes of making Orders or authorisations under this Division; (b) the process for authorising a person to be a senior medical officer for the purposes of making Orders or authorisations under this Division; (c) the information to be provided by the hospital, public health service, multi purpose service or proprietor to the authorised senior medical officer; (d) the matters that an authorised senior medical officer must take into account in deciding whether to make an Order or authorisation under this Division; (e) the procedures to be followed by an authorised senior medical officer before or after making an Order or authorisation under this Division; (f) the requirements to be complied with by an authorised senior medical officer about the keeping of records and reporting to the hospital, public health service, multi purpose service, proprietor or Secretary; (g) the provision of counselling or information required by section 120AC. (2) The hospital, public health service, multi purpose service, proprietor or authorised senior medical officer must comply with any direction given by the Secretary under this section. Division 3-Examining, testing, counselling, restriction and isolation orders Health Act 1958 - SECT 121 Orders 121. Orders (1) If the Secretary reasonably believes that- (a) a person has an infectious disease or has been exposed to an infectious disease in circumstances where a person is reasonably likely to contract the disease; and (b) if infected with that infectious disease, the person is likely to transmit that disease; and (c) there is a serious risk to public health- the Secretary may make an order in writing- (d) stating why the Secretary believes that- (i) the person is infected with the infectious disease or has been exposed to the infectious disease in circumstances where a person is reasonably likely to contract the disease; and (ii) the person is likely to transmit that disease; and (iii) there is a serious risk to public health; and (e) requiring that the person be examined and tested for that disease. (2) If a person has been examined and tested for an infectious disease and the results of the test are positive, the Secretary may make an order in writing requiring that the person undergo counselling about that disease, if counselling is appropriate having regard to the nature of the disease. (3) If the Secretary is satisfied that- (a) a person has an infectious disease or has been exposed to an infectious disease in circumstances where a person is reasonably likely to contract the disease; and (b) if infected with that infectious disease, the person is likely to transmit that disease; and (c) there is a serious risk to public health; and (d) if counselling is appropriate having regard to the nature of the disease, the person has been counselled but without success in achieving appropriate and responsible behaviour change- the Secretary may make an order in writing imposing restrictions on the person's behaviour or movements. (4) If subsection (3) applies but- (a) the Secretary considers that an order referred to in subsection (3) is inappropriate, having regard to the nature of the infectious disease; or (b) the person who is the subject of the order fails to comply with the restrictions imposed by an order under that subsection- the Secretary may make an order requiring that the person be isolated and detained at the place, for the period and in the manner stated in the order. (5) If an order is made under subsection (1) but the person refuses to undergo a test for an infectious disease, the Secretary may make an interim order for the isolation and detention of the person for a period not exceeding 72 hours for the purpose of examining the person and testing for that disease and may renew the order for a further period or periods not exceeding 72 hours. (6) An order under this section must- (a) name the infectious disease; and (b) identify the person believed to be infected; and (c) if applicable, name the counsellor; and (d) if applicable, state the period for which the person is to be isolated; and (e) if applicable, state the type of examination, testing or counselling required; and (f) if applicable, state the type of restrictions imposed. (7) The Secretary may make an order subject to conditions and may vary or revoke the order. (8) The Secretary must review an isolation order at intervals not exceeding 28 days and may renew the order for a further period or periods not exceeding 28 days. (9) An order lapses if the testing of the person to whom the order relates shows that that person is not infected with the infectious disease named in the order and no test shows that the person is or may be infected with that infectious disease. (10) A person to whom an order relates must comply with it. Penalty: 50 penalty units. (11) The Secretary may authorise a medical officer of the Department to carry out an isolation order. (12) If, to enforce the order, the medical officer finds that it is necessary to arrest the person to whom the order relates, the medical officer may obtain the assistance of any member of the police force to do so. (13) For the purposes of arresting a person under subsection (12), the medical officer may with any assistance that is required- (a) enter any premises; and (b) use any force that may reasonably be necessary. (14) The medical officer who has arrested a person under subsection (12) must take that person to the place stated in the order. (15) A person who acts in reliance on an authorisation of the Secretary under subsection (11) is not liable to any civil or criminal action for so acting, whether or not there was any defect in the authorisation. Health Act 1958 - SECT 122 Appeals 122. Appeals (1) A person to whom a restriction order, isolation order or interim isolation order under section 121 relates may at any time but not more than- (a) in the case of an interim isolation order, once during the period of the order; or (b) in the case of any other order, once during a period of 28 days- apply to the Secretary for a review of the order. (2) The Secretary must review the order and- (a) revoke the order; or (b) vary the order; or (c) confirm the order- within the period of 5 days after receiving the application for review. (3) A person to whom an order relates may appeal to the Supreme Court against an order made by the Secretary. (4) An order against which an appeal has been lodged remains in force despite the lodging of the appeal. (5) The Court must hear and determine an appeal against an order urgently. (6) When determining an appeal, the Court must consider the following matters- (a) the method by which the disease is transmitted; (b) the seriousness of the risk of other people being infected; (c) the past behaviour and likely conduct of the person to whom the order relates; (d) the extent of the restrictions imposed on the person to whom the order relates. (7) Upon determining an appeal against an order, the Supreme Court may make an order in substitution for the order made by the Secretary, being an order of a kind that the Secretary may make under this section. (8) If an appeal against an order has been determined but there has been a change in circumstances, the person to whom the order relates may apply to the Secretary under subsection (1) for a review of the order. Division 4-Emergency powers Health Act 1958 - SECT 123 Power of Governor in Council to proclaim emergency 123. Power of Governor in Council to proclaim emergency (1) The Governor in Council may proclaim an emergency for the purpose of stopping, limiting or preventing the spread of an infectious disease. (2) A proclamation- (a) must state the area to which it applies; and (b) lasts for the period, not exceeding two weeks, that is stated in the proclamation; and (c) may be renewed for a period not exceeding two weeks. (3) A proclamation may be revoked- (a) by proclamation of the Governor in Council published in the Government Gazette; or (b) by a resolution of either House of the Parliament. (4) If the Parliament is not sitting at the time the proclamation is published and if the Speaker of the Legislative Assembly or the President of the Legislative Council receives a petition- (a) objecting to the proclamation and requesting that the Parliament be summoned; and (b) signed by at least- (i) 20 members of the Legislative Assembly; or (ii) 30 members of the Parliament- the Parliament must be summoned to meet as soon as possible. Health Act 1958 - SECT 124 Orders of the Secretary in emergencies 124. Orders of the Secretary in emergencies (1) If the Governor in Council has made a proclamation under section 123, the Secretary may make an order which may include all or any of the following provisions- (a) that persons of a specified class may be prevented from entering or leaving the proclaimed area; (b) that persons of a specified class may be arrested without warrant and detained in the proclaimed area; (c) that land, buildings or things in the proclaimed area may be seized- (i) to be used in connection with stopping, limiting or preventing the spread of infectious diseases; or (ii) to be disinfected; or (iii) to be damaged or destroyed if the land, building or thing is contributing to the spread of infection; (d) any other provisions required to ensure that the order is carried into effect. (2) If the Secretary has seized any land, building or thing under subsection (1), he or she must take all reasonable steps to immediately notify the owner and occupier of that seizure. (3) Any land, building or thing seized under an order must if possible and when no longer required for the purposes for which it was seized be returned to the possession of the person from whom it was seized. Health Act 1958 - SECT 125 Compensation for seizure of land, building or thing 125. Compensation for seizure of land, building or thing (1) Any person affected by a seizure of any land, building or thing is entitled to compensation for that seizure unless the need for that seizure arose from some action or fault on the part of that person. (2) An application for compensation must be made to the Secretary in the prescribed form. (3) The Secretary must determine the amount of compensation. (4) The amount of compensation payable in respect of any land or building destroyed or damaged must be determined in accordance with the Land Acquisition and Compensation Act 1986 as if- (a) the Secretary had acquired the building compulsorily; and (b) the date of acquisition were the day on which notice was given to the owner or occupier under section 124(2). (5) The amount of compensation (other than compensation payable under subsection (4)) payable in respect of a seizure is that amount which represents the loss suffered by the person as the result of the seizure. (6) A person whose interests are affected by a decision of the Secretary under this section may apply to the Victorian Civil and Administrative Tribunal for review of the decision. (7) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 5-Autopsies Health Act 1958 - SECT 126 Autopsies 126. Autopsies (1) The Secretary may require a registered medical practitioner who has the prescribed qualifications or experience in pathology to carry out an autopsy on a body if- (a) the Secretary reasonably believes that an infectious disease caused or contributed to the person's death; and (b) the Coroner does not have jurisdiction over the body. (2) For the purposes of carrying out an autopsy under this section, the Secretary may order the person who has possession of the body to give possession of that body to the registered medical practitioner. (3) A person who has possession of a body must comply with an order of the Secretary under this section. Penalty applying to this subsection: 2 penalty units. Division 6-Special provisions relating to the human immuno-deficiency virus Health Act 1958 - SECT 127 Information to be given to a person requesting a test for HIV 127. Information to be given to a person requesting a test for HIV (1) A registered medical practitioner must not carry out or authorise the carrying out of a test for HIV on a person who requests it of him or her unless the registered medical practitioner has given or is satisfied that a person of a prescribed class has given information about the medical and social consequences of being tested and of the possible results of the test to the person who requests it. (1A) Subsection (1) does not apply to the authorising or carrying out of a test for HIV by a pathologist if the pathologist authorises or carries out the test on the authority of another registered medical practitioner. (2) If a person has requested a test for HIV and the results of the test are positive- (a) the person must not be advised of the results of the test except by and in the presence of a registered medical practitioner or person of a prescribed class; and (b) the registered medical practitioner or person of a prescribed class must, at the same time as he or she advises that person of the results of the test, give the person information about the medical and social consequences of being infected with the virus and guidelines on ways to prevent the transmission of the virus to others. Penalty: 10 penalty units. Health Act 1958 - SECT 128 Privacy 128. Privacy A person who, in the course of providing a service, acquires information that a person has been or is required to be tested for HIV or is infected with HIV, must take all reasonable steps to develop and implement systems to protect the privacy of that person. Penalty: 50 penalty units. Health Act 1958 - SECT 129 Closure of court or tribunal 129. Closure of court or tribunal (1) If, in a matter before a court or tribunal, evidence is proposed to be given of any matter relating to HIV, the court or tribunal, in addition to any other powers the court or tribunal may have, if it is of the opinion that it is necessary to do so because of the social or economic consequences to a person if the information is disclosed, may- (a) order that the whole or any part of the proceedings be heard in closed session; or (b) order that only persons specified by it may be present during the whole or any part of the proceedings; or (c) make an order prohibiting the publication of a report of the whole or any part of the proceedings or of any information derived from the proceedings. (2) If an order has been made under this section, the court or tribunal must cause a copy of it to be posted on a door of, or in another conspicuous place at, the place at which the court or tribunal is being held. (3) A person must not contravene an order made and posted under this section. Penalty applying to this subsection: 50 penalty units. Health Act 1958 - SECT 130 Information to be provided about the incidence of HIV 130. Information to be provided about the incidence of HIV (1) The Secretary must keep records of the information given to the Secretary under this section and retain those records for the prescribed period. (2) A person in charge of a prescribed place in which the testing of the blood of humans for HIV is carried out must keep or ensure that a written record is kept with the prescribed particulars for each prescribed period containing as far as is possible the following information- (a) the number of tests carried out on human blood for HIV; (b) the number of persons in respect of whom tests have been carried out who fall into each particular prescribed category; (c) any information relating to each newly diagnosed person required by the regulations. * * * * * Penalty: 10 penalty units. (3) The person in charge of a prescribed place must send a copy of the record required to be kept under subsection (2) to the Secretary at the end of each prescribed period. Penalty: 10 penalty units. (4) When a registered medical practitioner requests that a test for HIV be carried out on a specimen of human blood, the registered medical practitioner must, as far as he or she is able, give the information which the person in charge of a prescribed place asks for to enable that person to keep the records required by subsection (2). Penalty: 10 penalty units. * * * * * (8) The Secretary may give a copy of any document given to him or her under subsection (3) to any prescribed person, organisation or body engaged in research. Division 7-Blood and tissue donations Health Act 1958 - SECT 131 Definitions 131. Definitions In this Division- approved means approved by the Secretary; child of a deceased person means a child of the person or of the person's spouse or domestic partner; dependant of a deceased person means- (a) a person who was the spouse or domestic partner of the person at the date of the person's death; (b) a child of the person; (c) any other person who was, at the date of the person's death, wholly or partially dependant on the person for financial support; * * * * * donor means- (a) in the case of blood, a person who gives blood at premises or a vehicle of the Society or at a hospital; or (b) in the case of tissue, a person, whether living or dead, from whom the tissue is taken; hospital means- (a) a public hospital or denominational hospital within the meaning of the Health Services Act 1988; or (b) a private hospital within the meaning of the Health Services Act 1988; Society means the Society incorporated by Royal Charter under the name of Australian Red Cross Society; spouse of a person means a person to whom the person is married; tissue has the same meaning as in section 3(1) of the Human Tissue Act 1982. Health Act 1958 - SECT 132 Blood donations 132. Blood donations (1) This section applies to an action brought by or on behalf of- (a) a person who claims- (i) to have been infected with HIV or Hepatitis C because he or she was given, or in any way dealt with, blood supplied by the Society or a hospital or a blood product derived from blood so supplied; or (ii) to have been infected with HIV or Hepatitis C by another person who was given, or in any way dealt with, any such blood or blood product; or (b) a dependant of a person who died as a result of having been infected with HIV or Hepatitis C as mentioned in paragraph (a). (2) In an action to which this section applies brought against a person specified in column 1 of an item in the Table to this section it is a defence to prove the facts or matters specified in column 2 of that Table unless any of the facts or circumstances mentioned in column 3 of that Table apply. TABLE Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 The Society, a hospital or an employee, agent or voluntary worker of the Society or a hospital. The Society or hospital- (a) before taking the blood from a donor obtained a statement from the donor in the prescribed form; and (b) before supplying the blood or a blood product- (i) caused a sample; or (ii) in the case of a blood product, caused a sample of each unit of blood from which the product was derived- to be tested in an approved manner for After the Society or hospital supplied blood, the Society or hospital had reasonable grounds for believing that the blood was likely to contain HIV or Hepatitis C (as the case may be) and did not take all reasonable steps- (a) to find out whether the blood, or a blood product derived from that blood had been given to a person; and Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences the presence of HIV or Hepatitis C (as the case may be); and (c) obtained a negative result from that test or each of those tests. (b) to ensure that any remaining part of the blood, or a blood product derived from that blood, is not given to any person. 2 A hospital or another body at whose premises blood supplied by the Society or a hospital or a blood product derived from blood supplied by the Society or a hospital is administered to a person. Either- (a) when the blood or blood product was administered, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating- (i) in the case of blood- that a sample of the blood; and (ii) in the case of a blood product- that a sample of each unit of blood from which the blood product was derived- was tested in an approved manner for the presence of HIV or Hepatitis (as the case may be) and that the result of the test was negative; or If, at any time up to and including the time at which the blood or blood product was administered, the hospital or other body at whose premises the blood or blood product was administered- (a) had been informed that the blood or blood product was likely to contain HIV or Hepatitis C (as the case may be); and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to any person. Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences s. 132 (b) the Society or hospital by which the blood or blood product was supplied- (i) before taking the blood from a donor obtained a statement from the donor in the prescribed form; and (ii) before supplying the blood or a blood product- (A) caused a sample; or (B) in the case of a blood product, caused a sample of each unit of blood from which the product was derived- to be tested in an approved manner for the presence of HIV or Hepatitis C (as the case may be); and (iii) obtained a negative result from that test or each of those tests; or Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences (c) if the blood or blood product was likely to deteriorate rapidly and was required to be administered urgently, that blood from the donor had been tested within the preceding six months in an approved manner for the presence of HIV or Hepatitis C (as the case may be) and the result of that test was negative. s. 132 3 A registered medical practitioner or a person acting on behalf of a registered medical practitioner who administered to a person blood supplied by the Society or a hospital or a blood product derived from blood so supplied. The defences set out in column 2 of item 2. If, at any time up to and including the time at which the blood or blood product was administered, the registered medical practitioner or other person- (a) had been informed that the blood or blood product was likely to contain HIV or Hepatitis C (as the case may be); and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to any person. Health Act 1958 - SECT 132A Transitional provision concerning statutory defence in relation to Hepatitis C 132A. Transitional provision concerning statutory defence in relation to Hepatitis C (1) Despite anything to the contrary in this Act, section 132 does not apply- (a) in relation to any claim that a person has been infected with Hepatitis C if any court process initiating any action based on the claim was filed before the date section 22 of the Health Acts (Amendment) Act 1995 came into operation; or (b) in relation to any Hepatitis C infection that occurred or was transmitted by a blood donation made before 5 February 1990. (2) For the purposes of section 132, the testing of a sample for Hepatitis C was conducted in an approved manner before the date section 22 of the Health Acts (Amendment) Act 1995 came into operation if the sample was tested- (a) between 5 February 1990 and 26 November 1991 using the ABBOTT HCV EIA test; or (b) on or after 26 November 1991 using the ABBOTT HCV EIA Second Generation test. Health Act 1958 - SECT 133 Tissue donations 133. Tissue donations (1) This section applies to an action brought by or on behalf of- (a) a person who claims- (i) to have been infected with HIV or Hepatitis C because he or she received tissue (other than semen) taken from a person or the body of a dead person; or (ii) to have been infected with HIV or Hepatitis C by another person who received such tissue; or (b) a person who claims- (i) to have been infected with HIV or Hepatitis C as a result of the carrying out in relation to the person of artificial insemination or a fertilization procedure within the meaning of the Infertility Treatment Act 1995; or (ii) to have been infected with HIV or Hepatitis C by another person in relation to whom such a procedure was carried out; or (c) a dependant of a person who died as a result of having been infected with HIV or Hepatitis C as mentioned in paragraph (a) or (b). (2) In an action to which this section applies brought against a person specified in column 1 of the Table to this section it is a defence to prove the facts or matters specified in column 2 of that Table unless any of the facts or circumstances mentioned in column 3 of that Table apply. TABLE Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences s. 133 A hospital registered medical practitioner or a person dealing with tissue. Either- (a) in the case of tissue (other than semen) taken from a living person- (i) the donor completed a statement in the prescribed form before the tissue was taken; and (ii) a sample of the donor's blood was tested in an The hospital or other person had reasonable grounds for believing that the tissue or semen was likely to contain HIV or Hepatitis C (as the case may be) and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with HIV Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences s. 133 approved manner for the presence of HIV or Hepatitis C (as the case may be); and (iii) the result of the test was negative; or (b) in the case of tissue (other than semen) taken from the body of a dead person- (i) a sample of the blood of the dead person was tested in an approved manner for the presence of HIV or Hepatitis C (as the case may be); and (ii) the result of the test was negative; and or Hepatitis C (as the case may be). (iii) the registered medical practitioner who transplanted the tissue made or caused to be made reasonable enquiries about the behaviour of the dead person to find out whether that person was at a high risk of being infected with HIV or Hepatitis C (as the case may be); or (c) in the case of the use of semen in the carrying out of artificial insemination or a fertilization procedure- Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences (i) before the semen was provided by a donor, the donor completed a statement in the prescribed form; and (ii) at the time the donation and, upon the expiry of the prescribed period after that time, a sample of the donor's blood was tested in an approved manner for the presence of HIV or Hepatitis C (as the case may be); and (iii) the result of the test was negative; and (iv) the semen was not used until after the prescribed quarantine period. Health Act 1958 - SECT 134 Evidentiary 134. Evidentiary In an action to which section 132 or 133 applies, a certificate purporting to have been issued at the laboratory at which a sample of blood was tested stating- (a) that the sample was tested in an approved manner; and (b) that the results of the test were as stated in the certificate- is proof of the matters so stated and of the facts on which they are based. Health Act 1958 - SECT 135 Liability of donors 135. Liability of donors (1) No civil or criminal proceedings, other than proceedings under section 136, lie against a donor of blood or tissue by reason only of a person having been infected with HIV or Hepatitis C by the administration to the person of blood given by, or of a blood product derived wholly or partly from blood given by, the donor or by the transplanting of tissue or the use of semen or ova given by the donor. (2) Subsection (1) does not apply in relation to a donor who has been found guilty of an offence against section 136. Health Act 1958 - SECT 136 False statements 136. False statements A donor must not, in a statement referred to in this Division, make a statement that is false in a material particular. Penalty: 50 penalty units or imprisonment for two years. Division 8-Immunity Health Act 1958 - SECT 137 Immunity for giving information 137. Immunity for giving information If a pathologist gives information to the Secretary about an infectious disease, an action does not lie against that pathologist- (a) for giving that information; or (b) because the information is given without the consent of the person to whom it relates or the person for whom it was prepared. * * * * * Division 9-Disease notification Health Act 1958 - SECT 138 Regulations about disease notification 138. Regulations about disease notification The Governor in Council may make regulations for or with respect to- (a) prescribing diseases or abnormal bodily conditions the occurrence or existence of which must be notified to the Secretary; (b) the particulars to be furnished by registered medical practitioners when making notifications of prescribed diseases or abnormal bodily conditions; (c) the notification to the Secretary by medical practitioners of the occurrence or existence of any prescribed disease or abnormal bodily condition; (d) any matter or thing necessary or expedient to be prescribed with respect to the notification of prescribed diseases or abnormal bodily conditions. _______________ Health Act 1958 - PART VII PART VII IMMUNISATION Health Act 1958 - SECT 143 Definitions 143. Definitions In this Part and in Part VIII- prescribed infectious diseases means the infectious diseases prescribed by the regulations for the purposes of this Part; primary school means a registered school wholly or partly attended by children between five and eleven years of age. Health Act 1958 - SECT 144 Immunisation status certificates to be produced upon enrolment at primary school 144. Immunisation status certificates to be produced upon enrolment at primary school (1) The parent of a child must give an immunisation status certificate in respect of each prescribed infectious disease to the person in charge of each primary school that the child attends, before the child first attends that school. Penalty: 5 penalty units. (2) A person in charge of a primary school must not refuse a child admission to the school only because an immunisation status certificate has not been produced in respect of that child. (3) An immunisation status certificate- (a) must be in the prescribed form; and (b) must be completed by a person authorised to do so by the council of the municipal district- (i) in which the child resides; or (ii) in which the primary school first attended by the child is located. (4) The person authorised to do so by a council must issue an immunisation status certificate if the parent of a child produces for each prescribed infectious disease- (a) evidence that the child- (i) has been immunised against that disease; or (ii) has not been immunised against that disease because a registered medical practitioner has reasonably believed that the child may suffer an adverse reaction to the immunisation; or (b) a statutory declaration that- (i) the parent believes that the child has been immunised against that disease; or (ii) the parent has a conscientious objection to immunisation against that disease; or (c) a written undertaking by the parent to have the child immunised against that disease within the period not exceeding six months specified in the undertaking. (5) A parent who gives an undertaking under subsection (4)(c) must carry out that undertaking. Penalty: 5 penalty units. (6) A person in charge of a primary school may rely on statements in an immunisation status certificate. (7) A statement in an immunisation status certificate as to the reasonable belief of a registered medical practitioner is conclusive proof that the belief was reasonable. Health Act 1958 - SECT 145 Outbreaks of prescribed infectious diseases in primary schools 145. Outbreaks of prescribed infectious diseases in primary schools A person in charge of a primary school may direct that a child enrolled at the school not attend the school if he or she believes the child is not immunised against a prescribed infectious disease and- (a) the person in charge of the school reasonably believes that there is an outbreak of that disease at that school; or (b) a medical officer of health has advised the person in charge of the school that he or she reasonably believes that there is an outbreak of that disease in the community in which the school is situated. _______________ * * * * * _______________ Health Act 1958 - PART VIII PART VIII REGULATIONS Health Act 1958 - SECT 146 Regulations 146. Regulations (1) The Governor in Council may make regulations for or with respect to all or any of the following matters- (a) prescribing those diseases and conditions which are infectious diseases for the purposes of this Act; (aa) declaring infectious diseases to be specified infectious diseases for the purposes of this Act; (b) diagnosing infectious diseases; (c) the procedures to be taken to stop, limit or prevent the spread of any infectious disease including- (i) the immunisation of persons; and (ii) the examination, testing and counselling of persons; and (iia) the use, cleaning, maintenance, examination, testing and decontamination of any place or thing likely to give rise to, harbour, propagate, or contribute to the spread of, any infectious disease; and (iii) the isolation, quarantine or restriction of the behaviour or movements of persons; and (iv) the evacuation or disinfection of buildings, places or things; and (v) the disposal of infective materials and the destruction or control of animals who spread infectious diseases; and (vi) any other procedures; and (vii) the preparation, maintenance and availability of records in relation to any thing referred to in this paragraph; (d) the tracing of persons having contact with persons infected with infectious diseases; (e) prescribing infectious diseases for the purposes of Part VII; (f) defining "immunised" in relation to each prescribed infectious disease; (g) the form of immunisation status certificates for the purposes of Part VII; (h) the retention of immunisation status certificates by persons in charge of primary schools; (i) the persons to whom and the circumstances in which the person in charge of a primary school must allow access to immunisation status certificates; (j) providing that immunisation status certificates need not be produced for a class or classes of persons generally or for a specified period; (k) the closing of schools and children's services or any premises or place where a children's service within the meaning of the Children's Services Act 1996 operates or the regulation or restriction of school attendance or attendance at those premises or that place because of an infectious disease; (l) in the case of premises where infectious diseases may be spread which are premises on which a business is conducted or to which the public has access- (i) requirements to be observed by the proprietor of the business or person in charge of the premises including requirements as to- (A) the registration and cleanliness of the premises; and (B) the provision at the premises of information about infectious diseases; and (C) the general safeguarding of the health of persons likely to be using the premises; and (D) the preparation, maintenance and availability of records in relation to the premises or anything at the premises; and (ii) power to inspect the premises; (m) the investigating of outbreaks of infectious diseases, including the power to enter premises and search for and seize goods without a warrant to do so; (n) the preparation, keeping and use of pathogenic micro-organisms or other material capable of causing disease in humans; (o) the reporting or notification of infective conditions or diseases by specified persons or classes of persons to the Secretary and the giving of information to other persons or the collection and analysis of information about infectious diseases; (p) the classes of persons who may give information required to be given under Part VI; (q) offences for contravening the regulations, including offences for failing to act in accordance with directions given by persons authorised by the regulations to give directions; (r) forms for the purposes of the Act; (s) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations- (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and (c) may impose any discretionary authority or duty on or leave any matter to be approved or determined by a specified person or body or a specified class of persons or bodies; and (d) may impose penalties not exceeding 100 penalty units for a contravention of the regulations; and (e) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified. (3) The Regulations are subject to disallowance by a House of Parliament. * * * * * _______________ * * * * * _______________ * * * * * _______________ Health Act 1958 - PART IXB PART IXB CONSULTATIVE COUNCIL ON OBSTETRIC AND PAEDIATRIC MORTALITY AND MORBIDITY Health Act 1958 - SECT 162B Definitions 162B. Definitions In this Part unless inconsistent with the context or subject-matter- Council means the Consultative Council on Obstetric and Paediatric Mortality and Morbidity established under section 162C; Chairman means the Chairman of the Council; health service provider has the same meaning as in section 3(1) of the Health Records Act 2001; hospital means- (a) a public hospital or denominational hospital within the meaning of the Health Services Act 1988; or (b) a private hospital registered with the Secretary under the Health Services Act 1988; * * * * * member means a member of the Council; midwife means a nurse registered under division 1 of the register kept under the Health Professions Registration Act 2005; Ministerial Committee means a committee established by the Minister for Community Services whose functions include providing advice to the Minister regarding the death of children and young people who have been the subject of reports under section 183 of the Children, Youth and Families Act 2005; prescribed means prescribed by the regulations under this Part; * * * * * proprietor has the same meaning as it has in section 3 of the Health Services Act 1988; registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005. Health Act 1958 - SECT 162C Constitution of Consultative Council 162C. Constitution of Consultative Council (1) There is established by this Act a Council by the name of the Consultative Council on Obstetric and Paediatric Mortality and Morbidity consisting of not more than twelve members appointed by the Governor in Council of whom- (a) one shall be a Professor of Obstetrics and Gynaecology nominated by The University of Melbourne; (b) one shall be a Professor of Obstetrics and Gynaecology nominated by Monash University; (c) one shall be a Professor of Paediatrics nominated by The University of Melbourne; (d) one shall be a Professor of Paediatrics nominated by Monash University; (e) one shall be an obstetrician nominated by the Royal Australian College of Obstetricians and Gynaecologists (Victorian State Committee); (f) one shall be a paediatrician nominated by the Australian College of Paediatrics (Victorian State Committee); (g) one shall be a pathologist nominated by the Royal College of Pathologists of Australia (Victorian State Committee); (h) one shall be a registered midwife nominated by the Minister from a panel of not less than three names of persons submitted to the Minister by the Royal Australian Nursing Federation (Victorian Branch); (i) one shall be an employee in the Department who has expertise in obstetric and paediatric care and who is nominated by the Secretary; (j) one shall be an employee in the Department who has expertise in the administration of hospitals and who is nominated by the Secretary; and (k) one or two shall be other persons having appropriate qualifications and experience to enable the Council to carry out its functions under this Part who may be nominated by the Minister. (2) The Governor in Council shall appoint one of the members to be Chairman. (3) A member- (a) holds office for such period not exceeding three years, as is specified in the instrument of his appointment but is eligible for re-appointment; (b) may resign his office by writing signed by him and delivered to the Governor in Council; (c) may on the recommendation of the Minister be removed from office by the Governor in Council; and (d) is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act). (4) Where an institution, organization or association referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (1) does not submit to the Minister the nomination of a person or persons for appointment by the Governor in Council to fill a vacancy in the office of a member referred to in those paragraphs within one month after being requested to do so by the Minister, the Governor in Council may appoint a person nominated by the Minister to fill the vacancy. * * * * * Health Act 1958 - SECT 162D Procedure of Council 162D. Procedure of Council (1) The Chairman shall preside at meetings of the Council at which he is present and, if he is not present at a meeting, the members present shall elect one of their number to be chairman of the meeting. (2) Subject to regulations made under this Part, the Council may regulate its own proceedings. Health Act 1958 - SECT 162E Sub-committees 162E. Sub-committees (1) The Council may, subject to the approval of the Minister, appoint for the purposes of carrying out any of its functions under section 162F a sub-committee consisting of such members as it determines together with such other persons as it determines. (2) A sub-committee appointed under this section shall report to the Council. Health Act 1958 - SECT 162F Functions of the Council 162F. Functions of the Council (1) The functions of the Council are- (a) to conduct study, research and analysis into the incidence and causes of maternal deaths, still-births and the deaths of children in Victoria who die aged less than 18 years of age and to collect information (including personal information and health information) for this purpose; * * * * * (b) to conduct a perinatal data collection unit for the purpose of- (i) collecting, studying, researching and interpreting information on and in relation to births in Victoria; (ii) identifying and monitoring trends in respect of perinatal health including congenital abnormalities; (iii) providing information to the Secretary on the requirements for and the planning of neonatal care units; (iv) providing information to the medical profession for research into the epidemiology of perinatal mortality and disorder including congenital abnormalities; and (v) establishing and maintaining a register of congenital abnormalities; (c) to provide information for the education and instruction in medical theory and practice in obstetrics and paediatrics for registered medical practitioners and nurses; (d) to consider, investigate and report on any other matters in respect of obstetric and paediatric mortality and morbidity referred to the Council by the Minister or the Secretary; and (e) to publish an annual report of the Council's research and activities. (2) The Secretary shall make available to the Council the services of such employees in the Department as are necessary for the purpose of enabling the Council to carry out its functions. Health Act 1958 - SECT 162FA Council may request disclosure 162FA. Council may request disclosure (1) The Council may for the purpose of performing its functions under section 162F(1) request a health service provider to provide information to the Council. (2) Despite any other Act or law, a health service provider to whom a request is made under subsection (1) is authorised by this section to provide the information requested to the Council. Health Act 1958 - SECT 162FAA Request to provide information in relation to the death of children 162FAA. Request to provide information in relation to the death of children (1) The Chairman may by written notice request a person who provided care or services to a child before the child's death to provide to the Council general or specific information as specified in the notice within the period or from time to time as specified in the notice which the Chairman considers is necessary to enable the Council to perform the function specified in section 162F(1)(a). (2) Despite any other Act or law (including common law), a person to whom subsection (1) applies is authorised to provide the information requested under subsection (1) to the Council. (3) This section does not limit the application of section 162FA. Health Act 1958 - SECT 162FB Disclosure of information held by the Council 162FB. Disclosure of information held by the Council The Council may, if it determines that it is in the public interest to do so, provide information obtained in the course of performing its functions under section 162F(1) to- (a) the Medical Practitioners Board of Victoria continued in operation under the Health Professions Registration Act 2005; (b) the Nurses Board of Victoria continued in operation under the Health Professions Registration Act 2005; (c) the State Coroner; (d) a Ministerial Committee; (da) the Secretary; (e) a protective intervener under section 183 of the Children, Youth and Families Act 2005 if the Council believes on reasonable grounds that a child is in need of protection; (f) any other consultative council established or appointed under this Act if the Council considers that the death is relevant to the functions of the consultative council; (g) a- (i) day procedure centre; (ii) multi purpose service; (iii) private hospital; (iv) public hospital; (v) denominational hospital- within the meaning of section 3(1) of the Health Services Act 1988; (h) any person or body in another State or Territory that the Council determines has functions corresponding to a person or body referred to in paragraphs (a) to (g); (i) any other person or class of persons prescribed for the purposes of this section. Health Act 1958 - SECT 162G Report of birth 162G. Report of birth (1) For the purposes of this section, birth means every birth or still-birth of a child that is required to be registered pursuant to the Births, Deaths and Marriages Registration Act 1996. (2) In the case of every birth referred to in subsection (1)- (a) if the birth occurs in any hospital, the proprietor of that hospital; (b) if the birth does not occur in any hospital- (i) the midwife who is in attendance upon the mother at the time of the birth; or (ii) if subparagraph (i) does not apply, the registered medical practitioner who is in attendance upon the mother at the time of the birth; or (c) if neither paragraph (a) nor paragraph (b) applies- (i) if the mother and child are, or the child is, admitted to any hospital because of the birth of the child the proprietor of that hospital; or (ii) in any other case, the registered medical practitioner who undertakes the care and treatment of the mother and child because of the birth of the child- must submit to the Council a report in respect of the birth in the form approved by the Council. (3) Any person required by subsection (2) to submit a report to the Council who fails to do so within the prescribed period shall be guilty of an offence against this Part and shall be liable to a penalty of not more than 5 penalty units. Health Act 1958 - SECT 162H Confidentiality 162H. Confidentiality (1) A member of the Council or of any sub-committee or any person employed or engaged by the Council or any employee in the Department made available to the Council for the purposes of carrying out its functions under section 162F shall not except to the extent necessary to perform those functions or to provide information in accordance with section 162FB, either directly or indirectly make a record of or divulge or communicate to any person any information that is gained by or conveyed to him by reason of his office, employment or engagement or make use of the information for any purpose other than the performance of those functions. Penalty: 20 penalty units. (2) A member of the Council or of any sub-committee or any person employed or engaged by the Council or any employee in the Department made available to the Council shall not be required- (a) to produce before any court, tribunal, board, agency or person any document that has come into his possession or under his control in the performance of the functions of the Council under this Part; or (b) to divulge or communicate to any court, tribunal, board, agency or person any matter or thing that has come under his notice in the performance of the functions of the Council under this Part. (3) Except in the case of information or reports published by the Council pursuant to section 162F, no evidence of any other information or reports obtained by or in the possession of the Council shall be admissible in any action or proceedings before any court, tribunal, board, agency or person. (4) Subsection (1) has effect despite anything to the contrary in section 12 of the Audit Act 1994. Health Act 1958 - SECT 162I Regulations 162I. Regulations The Governor in Council may with the advice of the Council make regulations for or with respect to- (a) prescribing the procedure of meetings of the Council; (b) prescribing the powers and duties of the Council, the chairman and other members, in the performance of the functions of the Council pursuant to section 162F; (ba) prescribing fees, travelling and other allowances to be paid to members of the Council or of a sub-committee, other than a member who is an officer or employee of the Department; (c) prescribing conditions of confidentiality and safe custody of information and in respect of the operation of the perinatal data collection unit; (d) prescribing conditions under which access to information for the purpose of medical research and studies is to be permitted; * * * * * (f) generally prescribing any matters or things authorized or required to be prescribed under this Part. _______________ * * * * * _______________ * * * * * _______________ * * * * * _______________ Health Act 1958 - PART XII PART XII ACCOMMODATION3 Division 1-Registration Health Act 1958 - SECT 209 Definitions 209. Definitions In this Division- prescribed accommodation means- (a) any area of land which people are frequently, intermittently or seasonally permitted to use for camping on payment of consideration to the proprietor of the land; or (b) any vessel, vehicle, house, tent, caravan, building or other structure used as a place of abode, whether temporary or permanent, fixed or mobile, where a person or persons can live on payment of consideration to the proprietor- and which is prescribed or is of a class prescribed to be subject to this Division; proprietor means the owner of a business of providing prescribed accommodation. Health Act 1958 - SECT 210 Registration 210. Registration The proprietor of prescribed accommodation must register that accommodation with the council. Health Act 1958 - SECT 211 Offence 211. Offence A proprietor of prescribed accommodation who does not register that accommodation is guilty of an offence and liable to a penalty of not more than 50 penalty units. Health Act 1958 - SECT 212 Access by authorised officers 212. Access by authorised officers A proprietor of prescribed accommodation must at all times when required by an authorised officer give the authorised officer free access to the prescribed accommodation or any part of the prescribed accommodation. Penalty: 50 penalty units. Health Act 1958 - SECT 213 Regulations 213. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) prescribing accommodation or classes of accommodation to which this Division applies; (b) classifying prescribed accommodation; (c) requiring the registration of different classes of prescribed accommodation; (d) specifying the number of people who can live in prescribed accommodation; (e) requiring a register of people who live in prescribed accommodation; (f) providing for the inspection of prescribed accommodation; (g) providing for hygiene, sanitation and cleanliness of prescribed accommodation; (h) requiring a proper supply of water for prescribed accommodation; (i) the provision of suitable facilities for cooking, washing and bathing for prescribed accommodation; (j) specifying interior finishes of prescribed accommodation; (k) regulating the safety of prescribed accommodation; (l) providing for the maintenance of prescribed accommodation; (m) regulating the advertising of prescribed accommodation; (n) providing for the exemption of prescribed accommodation or classes of prescribed accommodation from all or any of the regulations. (2) The Regulations are subject to disallowance by a House of Parliament. * * * * * * * * * * _______________ Health Act 1958 - PART XIII PART XIII PRECAUTIONS AGAINST FIRE Health Act 1958 - SECT 228 Regulations 228. Regulations (1) The Governor in Council, as to all or any of the following classes of buildings, namely- (a) public buildings; (b) licensed premises under the Liquor Control Reform Act 1998, prescribed accommodation within the meaning of section 209 or any other like establishments-in which more than twenty-five persons usually reside; (c) factories work-rooms shops warehouses stores banks or offices-in which more than twenty-five persons are usually employed; and (d) buildings containing more than ten separate tenements- may make regulations for or with respect to- (e) prescribing precautions to be adopted and apparatus and appliances to be provided and kept for the prevention control or extinction of fire and for saving life at fires; (f) prescribing how such apparatus and appliances are to be maintained and where they are to be installed and kept; and (g) generally, the preventing controlling or extinguishing of fires and the saving of life at fires. (2) In the case of specified public buildings or specified classes of public buildings such regulations may also provide for all or any of the following matters- (a) the methods of using lights and lighting apparatus fires and heating apparatus fire-arms fireworks and cinematograph or similar apparatus; (b) the storage of scenery and properties and other combustible matter; and (c) requiring the employment and attendance of skilled persons (being members of metropolitan fire brigades within the meaning of the Metropolitan Fire Brigades Act 1958 or urban brigades within the meaning of the Country Fire Authority Act 1958 or persons thereto authorized whether generally or specifically by the Chief Officers respectively of metropolitan and of urban brigades) sufficient in number for the proper using of apparatus and appliances for the prevention control or extinction of fires and for saving life at fires and prescribing the duties of such persons. _______________ * * * * * _______________ * * * * * _______________ Health Act 1958 - PART XV PART XV MEAT SUPERVISION * * * * * * * * * * * * * * * Health Act 1958 - SECT 306 Exceptions 306. Exceptions Nothing in this Division shall operate to prohibit any person from slaughtering or causing or permitting any person to slaughter any animal on any premises subject to a farm rate under Part 8 of the Local Government Act 1989 for consumption on such premises and not for sale nor for use in the preparation of any food for sale. * * * * * Health Act 1958 - SECT 308 Definition of prohibited animal 308. Definition of prohibited animal In this Part, unless the contrary intention appears, prohibited animal means a mammal which is not a consumable animal within the meaning of the Meat Industry Act 1993. * * * * * Health Act 1958 - SECT 310 Storage of flesh of prohibited animals in certain shops 310. Storage of flesh of prohibited animals in certain shops The owner or occupier of a shop or of any other place at or from which any food or article is sold or prepared for human consumption who- (a) keeps at the shop or other place; or (b) causes permits or suffers to be kept or to remain at the shop or other place- any flesh of a prohibited animal or any food or article containing (whether wholly or in part) the flesh of a prohibited animal shall be guilty of an offence against this Part. Health Act 1958 - SECT 311 Storage of flesh of prohibited animals in certain vehicles 311. Storage of flesh of prohibited animals in certain vehicles The owner or person in charge of a vehicle from or upon which any food or article intended for human consumption is sold or carried who- (a) keeps in or upon the vehicle; or (b) causes permits or suffers to be kept or to remain in or upon the vehicle- any flesh of a prohibited animal or any food or article containing (whether wholly or in part) the flesh of a prohibited animal shall be guilty of an offence against this Part. Health Act 1958 - SECT 312 Exemption 312. Exemption Notwithstanding anything to the contrary in this Part, sections 310 and 311 do not apply where the flesh of or the food or article containing the flesh of the prohibited animal- (a) is permitted for sale for human consumption by virtue of an Order of the Governor in Council under the Meat Industry Act 1993 and there is compliance with the qualifications stated in the Order; or (b) has been- (i) packaged in the prescribed manner; and (ii) prepared in a manner prescribed for the purposes of this section; and the package bears a label indicating that the contents of the package are not intended for human consumption. Health Act 1958 - SECT 313 Penalties 313. Penalties A person who contravenes any of the provisions of this Part shall be guilty of an offence against this Part, and a person guilty of an offence against this Part shall for a first offence be liable to a penalty not exceeding 50 penalty units and for each subsequent offence to a penalty not exceeding 100 penalty units or imprisonment for a term not exceeding twelve months or both. Health Act 1958 - SECT 314 Regulations 314. Regulations The Governor in Council may make such regulations not inconsistent with the Meat Industry Act 1993 or any regulations made thereunder as he considers necessary or expedient for or with respect to carrying into effect the purposes of this Part, and without affecting the generality of the foregoing, may make any regulations relating to the labelling of containers as he considers are required for those purposes. * * * * * _______________ * * * * * _______________ * * * * * _______________ * * * * * _______________ Health Act 1958 - PART XIX PART XIX REGISTRATIONS * * * * * Health Act 1958 - SECT 366B Premises 366B. Premises In this Part premises includes prescribed accommodation within the meaning of section 209. Health Act 1958 - SECT 366C Registration of premises 366C. Registration of premises (1) A person conducting a business of- (a) hairdressing; or (b) a beauty parlour or other similar business; or (c) tattooing, ear piercing, acupuncture or any other process involving the penetration of the skin in a living human being- must register with the council any premises upon which that person conducts that business. (2) A person is exempt from compliance with subsection (1)- (a) if the person is registered as an acupuncturist under the Health Professions Registration Act 2005 or has their registration endorsed under section 28 of that Act with respect to the practice of acupuncture; or (b) if the person conducts a business which is prescribed by the regulations as an exempt business. Health Act 1958 - SECT 367 Registrations to be in manner prescribed 367. Registrations to be in manner prescribed Where by or under this Act any premises are required to be registered the registration and renewal thereof shall be made with the Secretary or the council as prescribed by or under this Act. Health Act 1958 - SECT 368 Registrations 368. Registrations (1) A registration continues in force- (a) until 31 December next following the date of registration; or (b) if the Secretary or council so specifies for the period of 12 months from the date of registration. (1A) The Secretary or council may grant temporary registration for a period of less than 12 months. (2) The fees payable for registration, renewal and transfer of registration are- (a) if registration is made with the council, as the council by resolution determines; or (b) in any other case, as prescribed in the regulations. (2A) If any fee is prescribed in the regulations, a fee determined by a council under subsection (2) must not exceed that fee. (3) Where application for the renewal of registration is not lodged with the Secretary or a council until after the last day fixed for the lodging thereof, an additional fee as prescribed by the regulations or by resolution (as the case may be) for the renewal of registration (not exceeding one-half of the relevant prescribed fee otherwise payable for renewal of registration) shall be paid. Health Act 1958 - SECT 369 Refusal of registration or renewal 369. Refusal of registration or renewal (1) The granting or renewal of the registration of any premises by the Secretary may be refused if any requirements of this Act with respect to the premises are not complied with. (2) The granting or renewal of the registration of any premises by any council may and when required by the Secretary shall be refused if such requirements are not complied with. (3) On the second or any subsequent conviction of any person for an offence against this Act committed in or on any registered premises or committed in respect of any registered premises the Secretary or the council (as the case may be) may suspend or revoke the registration of the premises. Health Act 1958 - SECT 370 Transfers 370. Transfers The Secretary or the council (as the case may be) may at any time during the currency of any registration transfer the registration so as to apply to any other person or premises and may transfer the registration subject to any terms and conditions that the Secretary or the Council (as the case may be) thinks fit. Health Act 1958 - SECT 371 Register book 371. Register book (1) The Secretary and every council (as the case may be) shall cause to be prepared and kept books containing the prescribed particulars as to all registrations or renewals or transfers thereof made pursuant to this Act. * * * * * (3) Any copy of any such book or of any entry therein certified as correct under the hand of the Secretary or the Chief Executive Officer of the council (as the case may be) shall be prima facie evidence of the facts stated therein without production of the register or of any document or thing on which the registration was founded. (4) A certified copy of any such entry shall be supplied by the Secretary or the Chief Executive Officer (as the case may be) to any person on request. (5) The fact that any premises are not entered in any such book as being registered shall be prima facie evidence that the premises are not registered. (6) In this section books includes any register or other record of information and accounts or financial records within the meaning of the Corporations Act, however compiled, recorded or stored and also includes any document. Health Act 1958 - SECT 372 Powers and duties of Secretary or council 372. Powers and duties of Secretary or council Before granting any registration or renewal of the registration of any premises the Secretary or the council (as the case may be)- (a) may cause an inspection of the premises to be made; and (b) may require any alterations or improvements to be made therein to comply with this Act; but may grant the registration or renewal temporarily on condition that the requirements are complied with. * * * * * Health Act 1958 - SECT 374 Certificates of registration and renewal 374. Certificates of registration and renewal (1) When any premises are registered or the registration thereof is renewed under this Act the Secretary or the Chief Executive Officer of the council (as the case may be) shall cause to be issued to the person registering the same a certificate of registration in the prescribed form. (1A) If a premises is required to be registered under Part VI of the Food Act 1984 and also under Part XII or XIX, the Secretary or the Chief Executive Officer of the council may, subject to the requirements of the Food Act 1984 applicable to registration being complied with, incorporate the certificate of registration under Part XII or Part XIX in one document with any certificate of registration to be issued under the Food Act 1984. (1B) The Secretary or the Chief Executive Officer of the council may issue a single registration certificate in respect of the registration of a premises under both Parts XII and XIX. (2) Any such certificate may be inspected by any authorized officer. (3) Every such person who on demand by an authorized officer does not produce such certificate for inspection shall be guilty of an offence against this Act. Health Act 1958 - SECT 374A Delegation of councils' powers in relation to registration of premises 374A. Delegation of councils' powers in relation to registration of premises (1) A council may delegate to one or more of its officers any of its powers under this Part except this power of delegation. (2) The refusal by an officer to grant, renew or transfer the registration of any premises is of no effect until it is ratified by the council. Health Act 1958 - SECT 375 Registrations under other Acts 375. Registrations under other Acts Save as otherwise expressly provided nothing in this Act shall excuse any person from making any registration required pursuant to any other Act; but any such registration or the renewal thereof may and when required by the Secretary shall be refused in the case of any premises if any of the requirements of this Act applicable thereto are not complied with. Health Act 1958 - SECT 376 Regulations 376. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) applications for the registration renewal and transfer of registration of premises under this Act; (b) any conditions under which registration or renewal thereof may be refused; (c) classifying premises for purposes of registration; (ca) cleanliness of registered premises; (cb) powers to inspect registered premises; (cc) generally safeguarding the health of persons likely to be using those premises; (d) prescribing- (i) fees for registrations, renewals and transfers of registration for different classes of premises which fees may vary according to the extent and character of the premises; and (ii) proportionate fees if registration is granted during the currency of any year; and (iii) additional fees for renewals of registration if late applications for renewal are lodged; (e) prescribing the duties of the Secretary and of officers and of councils and their officers as to registrations renewals and transfers and the keeping of registration books and making entries therein; and (f) generally, carrying into effect the purposes of this Act. (2) The Regulations are subject to disallowance by a House of Parliament. * * * * * _______________ Health Act 1958 - PART XX PART XX GENERAL AND SUPPLEMENTARY Division 1-General * * * * * * * * * * * * * * * Health Act 1958 - SECT 384 Powers of persons directed to hold inquiries 384. Powers of persons directed to hold inquiries Where for the purposes of this Act the Governor in Council or the Minister or the Secretary directs an inquiry to be made or the Secretary makes any inquiry the Secretary or the officer directed to hold the inquiry for the purposes of the inquiry- (a) shall have free access at all reasonable times to all books plans maps documents and other things belonging to any municipality or any contractor and used in the performance or execution of any laws relating to the public health; (b) shall have in relation to witnesses and their examination and the production of documents similar powers to those vested in the Magistrates' Court by the Magistrates' Court Act 1989; and (c) may enter and inspect any land or building or property the entry or inspection whereof appears to it or him requisite for the purposes of the inquiry. Health Act 1958 - SECT 385 Vessels 385. Vessels (1) Any vessel lying within any river harbor or other water (not within a municipal district) shall be deemed to be within the municipal district of such council as the Governor in Council by notification in the Government Gazette declares; and where no such notification has been given then of the council whose municipal district is nearest to the place where such vessel is lying. (2) The master officer or person in charge (except the pilot) of such vessel shall be deemed to be the occupier thereof within the meaning of this Act. (3) This section shall not apply to any vessel which is under the command or charge of any officer bearing Her Majesty's commission or to any vessel which belongs to the Government of any foreign State. Health Act 1958 - SECT 386 Concern in contracts prohibited 386. Concern in contracts prohibited (1) No officer of or person employed by the Department and no councillor or member of the staff of a council shall be concerned or interested directly or indirectly in any bargain or contract entered into under this Act by or on behalf of the Secretary or such council respectively: Provided that this subsection shall not apply to any bargain or contract entered into by a councillor or member of the staff of a council which he (while being such a councillor or member) could lawfully enter into under any Act relating to local government. (2) If the Secretary or other officer member or person is so concerned or interested or under colour of his office or employment exacts takes or accepts any fee or reward whatsoever other than his proper salary wages remuneration fees expenses and allowances he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall for each such offence be liable to a penalty of not more than 100 penalty units. Health Act 1958 - SECT 387 Appeal to judge of the County Court 387. Appeal to judge of the County Court (1) Save as otherwise expressly provided if the Secretary or any council refuses or neglects- (a) to give approval or consent to any application made pursuant to this Act; or (b) to grant any application for or for the renewal of any registration under this Act- the applicant may within one month apply ex parte to the County Court for an order calling upon the Secretary or the council (as the case may be) to appear before the Court on a day and at a time named in the order and to show cause why the approval or consent to or the granting of the application is withheld. * * * * * (2) After hearing the Secretary or the council (as the case may be) or in the Secretary's or the council's absence if the Secretary or the council does not appear the County Court shall hear and determine the matter and may make such order in the premises as the Court thinks just; and the Court's decision shall be final and binding upon the parties. * * * * * Division 2-Proclamations, regulations, by-laws, orders etc. Health Act 1958 - SECT 389 Proclamation 389. Proclamation (1) The Governor in Council may make any proclamations provided for in this Act. (2) After the coming into operation of this Act all proclamations made under this Act- (a) shall be published in the Government Gazette; (b) shall take effect on the date of the publication thereof or a later date specified therein; (c) may if so expressed therein take effect with respect to any specified municipal district or part thereof; and if not so expressed shall take effect throughout Victoria; (d) may be rescinded revoked amended or varied by like proclamation; and (e) shall so long as they are not rescinded or revoked have the like force and effect as if enacted in this Act. Health Act 1958 - SECT 389A Supreme Court-limitation of jurisdiction 389A. Supreme Court-limitation of jurisdiction It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of an action of a kind referred to in section 120C(1) or (2). Health Act 1958 - SECT 390 Regulations of the Governor in Council 390. Regulations of the Governor in Council (1) The Governor in Council may make regulations for or with respect to- (a) any matter authorized or required by this Act to be prescribed by regulations of the Governor in Council; and (b) providing for the execution of any matter or thing arising under and consistent with this Act and not expressly provided for in this Act and for more fully carrying out the objects and purposes of and for guarding against evasions and violations of this Act. * * * * * * * * * * (2B) The Governor in Council may make regulations for or with respect to requiring an appropriate warning label to be affixed at the time of sale to any apparatus or appliance for burning solid fuel which is intended or sold for use in an enclosed space and is designed to operate without a flue dispersing the products of combustion into the open air. (2C) The Governor in Council may make regulations for or with respect to- (a) prescribing diseases the occurrence or existence of which must be notified to the Secretary; (b) the notification to the Secretary by registered medical practitioners of the occurrence or existence of any prescribed disease; (c) the particulars to be furnished by registered medical practitioners when making notifications of any prescribed disease; (d) the fees payable to registered medical practitioners in respect of notifications of any prescribed disease; and (e) generally any matter or thing necessary or expedient to be prescribed with respect to the notification of prescribed diseases. (2D) The Regulations made under subsection (2C) are subject to disallowance by a House of Parliament. * * * * * * * * * * Health Act 1958 - SECT 391 General provisions as to regulations 391. General provisions as to regulations (1) Save as otherwise expressly provided in this Act regulations of the Governor in Council- (a) may be made to apply or to have operation throughout the whole or any part of Victoria or throughout the whole or any part of any municipal district; (b) may be of general or specially limited application according to time place or circumstances; (c) may (without affecting any general power to confer powers and impose duties by regulation) confer powers or impose duties in connexion therewith on the Secretary and on councils officers members of the police force registered medical practitioners employers of labour owners or occupiers of land premises or buildings persons in charge of schools hospitals or institutions and any persons whomsoever; (d) may deal with the procedure to be followed, the conditions to be complied with, and any matters whatsoever necessary or convenient to be prescribed for carrying the regulations into effect; (e) may prescribe any forms for use under this Act; and any such form or any form to the like effect shall be sufficient for the purposes thereof; (f) may differ according to differences in time, place or circumstance; (g) may apply adopt or incorporate any matter contained in any document (including any code, standard, rule, specification or method) formulated, issued, prescribed or published by any authority or body whether- (i) wholly or partially or as amended by regulation; or (ii) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (iii) formulated, issued, prescribed or published from time to time; and (h) may impose a penalty of not more than 20 penalty units for any contravention thereof. * * * * * (2) Where any by-law or regulation of a council (whether made under this or any other Act) is inconsistent with any regulation of the Governor in Council under this Act the provisions of the last-mentioned regulation shall prevail and the provisions of the first-mentioned by-law or regulation shall to the extent of the inconsistency have no force or effect. * * * * * * * * * * Division 3-Enforcement of Act * * * * * Health Act 1958 - SECT 399A Identity cards 399A. Identity cards (1) The Secretary must issue an identity card to any person authorised by the Secretary for the purposes of this Act. (2) A council must issue an identity card to any person authorised by the council for the purposes of this Act. (3) An identity card issued to a person- (a) must contain a photograph of the person; and (b) must contain the signature of the person; and (c) must be signed by the Secretary or a person designated by the council for that purpose (as the case may be). (4) A person authorised for the purposes of this Act- (a) must carry an identity card whenever the person is exercising his or her functions under this Act; and (b) must show the identity card upon being requested to do so. Penalty applying to this subsection: 2 penalty units. Health Act 1958 - SECT 400 Powers of entry and inspection 400. Powers of entry and inspection In the execution of this Act any authorized officer and the Secretary may enter into and upon any premises- (a) in the case of trade premises-at any time when such trade is in progress or is usually carried on; or (b) in the case of any other premises-at any reasonable hour- for the purposes of- (i) examining as to the existence of any nuisance or cause of offence; (ii) examining whether any of the provisions of this Act are being contravened; (iii) executing any work or making any inspection authorized to be executed or made by or under this Act; and (iv) generally, enforcing the provisions of this Act. Health Act 1958 - SECT 401 General powers of inspection seizure etc. 401. General powers of inspection seizure etc. (1) In the execution of this Act any authorized officer with such assistants as he thinks necessary may- (a) inspect and examine any substance or animal or thing found in or on any premises; (b) inspect and examine any substance or animal or thing being in or upon or taken or conveyed on or along any street or public place; (c) stop and detain any person animal vehicle or other means of conveyance; (d) cut or open any package which he has reasonable grounds for believing contains anything with respect to which there has been a contravention of this Act; (e) seize any substance or animal or thing with respect to which he has reasonable grounds for believing there has been a contravention of this Act; (f) detain or remove to some suitable place any substance or animal or thing so seized; (g) destroy any things so seized which are decayed or putrified; (h) mark, fasten or secure any substance or animal or thing; and (i) fasten, secure or seal any place door gate opening or means of access to any substance or animal or thing seized. (2) Where the Secretary certifies that the use keeping for sale or sale of substances or animals or things having any particular physical characteristics is likely to involve a contravention of this Act, the finding of any substance or animal or thing having those physical characteristics and appearing to have been used kept for sale or sold shall for the purposes of this section constitute reasonable grounds for believing that there has been a contravention of this Act with respect thereto. Health Act 1958 - SECT 402 Interference with official marks or seals 402. Interference with official marks or seals Every person (not being authorized so to do) who opens alters breaks removes or erases any mark fastening or seal made placed or affixed by any officer in the execution of this Act shall be guilty of an offence against this Act. Health Act 1958 - SECT 403 Obstruction etc. of officers etc. 403. Obstruction etc. of officers etc. Every person who- (a) obstructs hinders impedes resists or opposes; or (b) refuses admission to any premises to- the Secretary or any officer or person appointed employed or authorized by or under this Act (except any officer or person acting on behalf of a council) in the performance of anything which the Secretary or such member officer or person is empowered or required by or under this Act to do shall be guilty of an offence against this Act. Health Act 1958 - SECT 404 Interference etc. with officers 404. Interference etc. with officers Every person who- (a) gives procures offers or promises any bribe recompense or reward to or influences or attempts to influence any officer or person (except any officer or person acting on behalf of a council) in the performance of anything which he is required or authorized to do by or under this Act; (b) assaults or intimidates or endeavours to assault or intimidate or by force molests any such officer or person; (c) refuses to allow to be taken any sample demanded by any officer or person (except any officer or person acting on behalf of a council) by or under this Act; or (d) rescues or attempts to rescue any animal or thing seized under this Act (except by a person acting on behalf of a council)- shall be guilty of an offence against this Act. Health Act 1958 - SECT 404A Impersonating an officer 404A. Impersonating an officer A person who impersonates an officer or any other authorized person (except any officer or person acting on behalf of a council) in the performance of duties or the exercise of powers under this Act shall be guilty of an offence against this Act. Health Act 1958 - SECT 405 Examination and seizure of adulterated substances 405. Examination and seizure of adulterated substances (1) Where an analysis of a sample of any substance procured by an officer proves that the condition or composition of the substance is such as to render the sale or use thereof a contravention of this Act any authorized officer may- (a) at all reasonable times enter the premises on which the substance has been manufactured or is stored; and (b) inspect examine and take samples of and seize mark fasten secure or seal any such substance. (2) The possession on such premises of such substance shall be deemed prima facie evidence that the same is kept in contravention of this Act. Health Act 1958 - SECT 406 Power to require information 406. Power to require information (1) If in the opinion of the Secretary there is reasonable ground for suspecting that any person is (for the purposes of sale manufacturing or preparing for sale) in possession of any substance or appliance in contravention of this Act the Secretary- (a) may require such person to produce for the Secretary's inspection or to produce to any specially authorized officer any books of the nature of store records or dealing with the reception possession or delivery of any such substance or appliance; and (b) may make or cause to be made copies of or extracts from any such books. (2) Such copies of or extracts from any such books certified as such by any specially authorized person shall be deemed to be true and correct copies or extracts. (3) Every person refusing to comply with any of the foregoing provisions of this section shall be guilty of an offence against this Act. (4) Every person who- (a) does not maintain and aid in maintaining the secrecy of all matters which come to his knowledge in the performance of his duties under this section; or (b) communicates any such matter to any person whomsoever except for the purpose of carrying into effect the provisions of this Act- shall be guilty of an offence against this Act. Health Act 1958 - SECT 407 Duties of officers seizing substances etc. 407. Duties of officers seizing substances etc. (1) Where any substance or animal or thing is seized by an authorized officer pursuant to section 401, the authorized officer shall forthwith- (a) give notice of the seizure in the prescribed form to the person apparently in charge thereof; or (b) if there is no person apparently in charge thereof-give notice of the seizure to any person appearing to be the consignor or owner thereof by any name and address attached thereto or to any package containing the same if the address is a place in Victoria, and otherwise to the importer or consignee or his agent. (2) Where any substance is seized by an authorized officer pursuant to section 405, the authorized officer shall forthwith deliver or forward a portion thereof marked and sealed or fastened up in such a manner as its nature will permit to any person appearing to be the consignor or manufacturer by any name and address attached thereto or to any package containing the same if the address is a place in Victoria, and otherwise to the importer or consignee or his agent. (3) No officer and no member of the police force seizing any substance or any animal or thing and no inspector of livestock seizing any animal shall be liable for any costs expenses or damages on account of the seizure if he acted under a reasonable belief that the substance or animal or thing was unwholesome or that the animal was diseased or that there was with respect to any such substance or animal or thing any contravention of this Act. Health Act 1958 - SECT 408 Remedy to persons for things seized 408. Remedy to persons for things seized (1) Any person claiming any substance or animal or thing seized under this Act may within 72 hours after the seizure complain thereof by giving notice of the complaint in the prescribed form to a magistrate and a copy thereof to the authorized officer responsible for the seizure. (1A) The complaint shall be heard and determined by the Magistrates' Court which (after hearing the evidence) may either confirm or disallow the seizure wholly or in part and make an order accordingly. (2) If no such complaint is made or if the seizure is confirmed each substance or animal or thing seized- (a) shall thereupon become the property- (i) of the council if the seizure is made by an officer of the council; or (ii) of the Crown if the seizure is made by an officer of the Department or a member of the police force; and (b) shall be destroyed or otherwise disposed of. Health Act 1958 - SECT 409 Defacing notice etc. 409. Defacing notice etc. Every person who without lawful authority destroys pulls down injures or defaces any board placard regulation by-law notice order or other matter put up or exhibited under the authority of this Act shall be liable to a penalty of not more than 5 penalty units. Health Act 1958 - SECT 410 Offences by occupiers and others 410. Offences by occupiers and others (1) The occupier of any premises or any person who prevents obstructs or hinders the owner thereof or the agent receiving the rent for the same from or in obeying or carrying into effect any of the provisions of this Act shall be guilty of an offence against this Act. (2) If the occupier of any premises when requested by or on behalf of the Secretary or the council to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully misstates the same he shall be guilty of an offence against this Act. Health Act 1958 - SECT 411 Works to be done by occupier instead of owner 411. Works to be done by occupier instead of owner (1) Where by or under this Act the owner of any premises is required to do any act matter or thing or construct any works the council may by the original or any subsequent order or notice require the occupier to do or construct the same. (2) Every such owner or occupier who does not comply with such order or notice after service thereof and within a time to be specified therein shall be guilty of an offence against this Act. (3) Any expenses incurred by an occupier in complying with any such order or notice- (a) shall (except in the case of a nuisance or cause of offence caused or created by or by the default of the occupier) be recoverable by the occupier from the owner as money paid to the use of such owner; or (b) may be deducted by the occupier from or set off against any rent then due or thereafter at any time to become due; and (c) the owner from or against whom such expenses are so recovered deducted or set off (if he is a tenant to another person of the same premises) may in like manner recover deduct or set off the said expenses- notwithstanding any covenant or agreement whatsoever to the contrary. (4) If the person to whom any such order or notice is addressed does not comply therewith the council may- (a) carry out the requirements of such order or notice; and (b) recover from such person all costs and expenses incurred by the council in so doing. (5) When any such owner or occupier is from poverty or any other cause unable in the opinion of the council effectually to carry out any such requirement the council may without enforcing such requirement enter the premises and construct the works or do any such act matter or thing. (6) For the purposes of this section occupier includes, as well as the person in occupation of any premises, any person in possession of the same or any agent receiving rent for the same. Health Act 1958 - SECT 412 Expenses recoverable 412. Expenses recoverable (1) Any expenses incurred under this Act by any council in the abatement of any nuisance or other cause of offence shall (except when otherwise ordered by the council) be payable by and recoverable from the occupier of the premises whereon such nuisance or other cause of offence existed. (2) Where it is provided by or under this Act that any works for the abatement of any nuisance or other cause of offence may be done by the council at the expense of the occupier of any premises such expenses shall (except in the case of a nuisance or cause of offence caused or created by or by the default of the occupier) be recoverable by him from the owner as money paid to his use or may be deducted by the occupier from or set off against any rent then due or thereafter at any time to become due notwithstanding any covenant or agreement to the contrary. (3) For the purposes of this section occupier includes, as well as the person in occupation of any premises, any person in possession of the same or any agent receiving rent for the same. Health Act 1958 - SECT 413 Enforcement of duty with regard to land etc. 413. Enforcement of duty with regard to land etc. (1) Where any duty or obligation with regard to any land or premises imposed upon any person by or under this Act is not performed to the satisfaction of the Minister or the Secretary or the council (as the case may be) the Minister or the Secretary or such council may by order cause such duty or obligation to be performed by any officer or person. (2) The costs and expenses of so performing such duty or obligation and all other costs and expenses heretofore or hereafter lawfully incurred by the Minister or the Secretary or the council in respect of any land or premises (whether any judgment or order has been obtained or not) with interest at the rate of six per centum per annum- (a) shall be and remain a charge on the land; and (b) may at any time be recovered from the owner for the time being or after demand from the occupier for the time being to the extent of the amount of rent due at the time of demand from such occupier to such owner. Health Act 1958 - SECT 414 Power of councils where owner cannot be found 414. Power of councils where owner cannot be found (1) Whenever it appears that- (a) the person by whose act default permission or sufferance a nuisance arises; or (b) the owner or the occupier of the premises whereon a nuisance exists or from which a nuisance emanates; or (c) the owner of any land or premises in respect of which an order has been made by the council to do or to permit the council to do any matter or thing- is not known or cannot be found the council may execute such works or do any such matter or thing as in the opinion of the council are or is necessary in order to abate the nuisance or as is mentioned in any order made as aforesaid. (2) Any costs and expenses incurred by a council under this section shall be and remain a charge upon the land and be recoverable from the owner for the time being thereof. * * * * * Health Act 1958 - SECT 418 Crown lands to be put into sanitary condition 418. Crown lands to be put into sanitary condition It shall be the duty of the Department Head of the Department of Sustainability and Environment whenever required in writing so to do by any council to cause to be put into a sanitary condition Crown lands within the municipal district or (in the case of a Shire Council) in any populous part of the municipal district. * * * * * Health Act 1958 - SECT 420 Power to inspect register of births and deaths 420. Power to inspect register of births and deaths Any authorized officer may free of charge at all reasonable times inspect any register of births and deaths and make extracts therefrom. Division 4-Offences and legal proceedings Health Act 1958 - SECT 421 Other proceedings not affected 421. Other proceedings not affected (1) Nothing in this Act shall- (a) affect any power of proceeding by presentment indictment or information or take away any other remedy against any offender against this Act; (b) render lawful any act matter or thing which but for this Act would be deemed to be a nuisance; (c) (save as otherwise expressly provided) interfere with contracts and bargains between individuals and the rights and remedies belonging thereto; or (d) prevent persons proceeded against from recovering contribution in any case in which they would otherwise be entitled to contribution by law. (2) The provisions of this Act as to nuisances shall be deemed to be in addition to and not to prejudice abridge or affect any right remedy or proceeding under any other provisions of this Act or of any other Act or at common law. Health Act 1958 - SECT 422 General penalty 422. General penalty (1) Every person who does not do anything directed to be done or does anything forbidden to be done by or under this Act (other than Part IB, III, VI, VII or XII, 29B or 399A) shall be guilty of an offence against this Act. (2) Every person guilty of an offence against this Act shall- (a) be liable to the penalty expressly provided therefor4; and (b) (if no other penalty is expressly provided) be liable to a penalty of not more than 100 penalty units: * * * * * Health Act 1958 - SECT 423 Recovery of costs and expenses 423. Recovery of costs and expenses (1) Save as otherwise expressly provided every person guilty of an offence shall in addition to any penalty for such offence be also liable for any costs or expenses incurred in- (a) the taking of proceedings against such person; (b) the examination inspection analysis seizure or disposition of anything with respect to which the proceedings are taken; and (c) the remedying of any default. (2) Any penalty costs or expenses shall be recoverable notwithstanding that any other power has not been exercised. Health Act 1958 - SECT 424 Fraudulent conduct and false or misleading statements etc. 424. Fraudulent conduct and false or misleading statements etc. Every person who- (a) knowingly makes any false or misleading statement in any application notice or report under this Act; (b) for the purpose of obtaining any registration or certificate under this Act makes any false statement or is a party to any false pretence or conduct knowing it to be false; (c) forges or falsifies any certificate under this Act or utters any such forged or falsified certificate knowing it to be forged or falsified; (d) uses or attempts to use any document as a certificate under this Act knowing it to be a forged or falsified document or certificate; (e) knowingly makes a false entry in any book or register required to be kept or return required to be made by or under this Act; or (f) refuses to give information or gives false or misleading information in answer to or fails to make an answer to any inquiry made for the purposes of this Act (the making of which inquiry is hereby authorized) by any person authorized in writing either generally or specially by the Secretary or by a council (as the case may be) to make the inquiry- shall be guilty of an offence against this Act. Health Act 1958 - SECT 425 Service of notices and orders etc. 425. Service of notices and orders etc. (1) Any notice or order under this Act may be in print or in writing or partly in print and partly in writing. (2) Any notice order or other document under this Act required or authorized to be given or served to or upon any person may be served- (a) by delivering the same to such person; or (b) by leaving the same at his usual or last-known place of abode; or (c) by forwarding the same by post in a pre-paid letter addressed to such person at his usual or last-known place of abode. (3) Any such document if addressed to the owner or occupier of premises may be served by delivering the same or a true copy thereof to some adult person on the premises or if there is no such person on the premises who can be so served by fixing the same on some conspicuous part of the premises. (4) Where a notice is required to be given to a person whose name and address are unknown the notice may be served by publishing it in the Government Gazette and a newspaper three times at intervals of not less than one week between any two publications. (5) Any notice by this Act required to be given to the owner or occupier of any premises may if the name of the owner or occupier is not known be addressed to him by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice is given without further name or description. (6) If there are more owners or occupiers than one it shall be sufficient if the notice or order is served on any one of them and the name of any one of them is specified with the addition of the words "and others". (7) Non-service on the owner shall not affect the validity of service on the occupier; and non-service on the occupier shall not affect the validity of service on the owner. (8) Any document may be served (as the case may be) on the Secretary- (a) by delivering the same to the Secretary; or (b) by forwarding the same by post in a pre-paid letter addressed to him. Health Act 1958 - SECT 426 Proof of notices orders or documents 426. Proof of notices orders or documents (1) In all proceedings in which any notice order or other document has to be proved- (a) the defendant shall be deemed to have received notice to produce it; and (b) until the contrary is shown the same and its due service may be sufficiently proved by or on behalf of the complainant or informant by the production of what purports to be a copy bearing what purports to be a certificate under the hand of the officer authorized to issue the original or of the Secretary or the Chief Executive Officer of a council (as the case may be) that the copy is a true copy of the original and that the original was served on the date specified in the certificate. (2) The validity of any notice order or other document or of the service thereof shall not be affected by any error misdescription or irregularity which in the opinion of the court is not likely to mislead or which in fact does not mislead. Health Act 1958 - SECT 427 Continued operation of orders and notices 427. Continued operation of orders and notices All notices or orders required under this Act to be served on any owner or occupier shall if due service thereof has been once made on any owner or occupier be binding on all persons claiming by from or under such owner or occupier and on all subsequent owners or occupiers to the same extent as if served on such last-mentioned persons respectively. Health Act 1958 - SECT 428 References to "owner" or "occupier" 428. References to "owner" or "occupier" Whenever in any proceeding under this Act it becomes necessary to mention or refer to the owner or occupier of any premises it shall be sufficient to designate him as the "owner" or "occupier" of such premises without name or further description. Health Act 1958 - SECT 429 No abatement 429. No abatement Proceedings against several persons included in one information complaint or summons shall not abate by reason of the death of any of the persons so included but may be carried on as if the deceased person had not been originally so included. * * * * * Health Act 1958 - SECT 434 Power to authorize proceedings 434. Power to authorize proceedings (1) The Secretary may direct either generally or in any particular case proceedings to be taken in respect of breaches of or offences against this Act wherever committed. (2) Any council may direct either generally or in any particular case proceedings to be taken in respect of breaches of or offences against this Act committed in its municipal district. Health Act 1958 - SECT 435 Power of officers to prosecute 435. Power of officers to prosecute (1) Any authorized officer of the Department or of any council or any authorized member of the police force may prosecute for any breach of or offence against this Act. (2) Any inspector of a council may without any general or particular direction of the council take proceedings against any person offending against any by-laws made by such council. (3) No fee shall be payable on the issue of any summons for the purposes of any such prosecution or proceedings. * * * * * Health Act 1958 - SECT 437 Simplification of proof in certain cases 437. Simplification of proof in certain cases In any prosecution or other legal proceedings under this Act instituted by or under the direction of the Minister or the Secretary or by any officer of the Department or by any member of the police force- (1) no proof shall be required- * * * * * (b) of any order or authority to prosecute; (c) of the particular or general appointment of any officer of the Department; * * * * * * * * * * (2) the burden of proof that any person is licensed or any premises are registered under this Act shall be upon the party charged; (3) the burden of proof that any persons are or are not (as the case requires) members of the same family shall be upon the party charged; (4) the burden of proof that any animal does not belong to a person charged shall be on the person charged; (5) the burden of proof that any animal carcass meat or substance was not sold or intended for human consumption shall be on the person charged; (6) (a) any statement made by an officer of a body corporate shall be admissible as evidence against that body corporate in any civil or criminal proceedings under this Act; (b) for the purposes of this section officer of a body corporate means the managing director or other governing officer, by whatever name called, of the body corporate or any member of its governing body and includes any officer or employee of the body corporate who exercises any superintendence of or control over any part of the operations of the body corporate. Health Act 1958 - SECT 438 Proof of by-laws regulations etc. 438. Proof of by-laws regulations etc. The production of a copy of the Government Gazette containing any proclamation Order in Council regulation by-law order or notice purporting to be made under this Act shall be evidence until the contrary is proved of the due making existence confirmation approval and giving thereof and of all preliminary steps necessary to give full force and effect thereto. Health Act 1958 - SECT 439 Documents as evidence 439. Documents as evidence (1) All documents whatever purporting- (a) to be issued or written by or under the direction of the Secretary; or (b) to be issued or written by or under the direction of any council and to be signed by the person who is the Mayor of the council or the municipal clerk- shall be received as evidence in all courts of law and shall be deemed to be issued or written by or under the direction of the Secretary or the council without further proof unless the contrary is shown. (2) In this section documents includes all regulations by-laws orders directions and notices. Health Act 1958 - SECT 440 Evidence of orders notices etc. 440. Evidence of orders notices etc. (1) A copy- (a) of any order direction requirement authority consent or notice made or given under this Act by the Secretary or a council and signed and certified by the Secretary or the person who is the Mayor of the council or the Chief Executive Officer of the council (as the case requires) to be a true copy and to have been duly made confirmed or given; and (b) of any notice given under this Act and so signed and certified by an inspector of a council- shall (unless the contrary is proved) be evidence in all legal proceedings of the due making existence confirmation or giving thereof without further or other proof. (2) The making confirmation or existence of any regulation or by-law under this Act may be proved in the same manner as the making confirmation existence or giving of any order under this section. (3) In any such case the original may be given in evidence if certified as aforesaid to be true and to have been duly made confirmed given or passed (as the case may be); and such certificate shall (until the contrary is proved) be evidence of the facts therein stated. * * * * * Health Act 1958 - SECT 442 Certain signatures to be judicially noticed 442. Certain signatures to be judicially noticed All courts and all persons having by law or by consent of parties authority to hear receive and examine evidence shall take judicial notice of the signature- * * * * * (b) of the person who is the Mayor or the Chief Executive Officer of any council- where such signature is attached for the purpose of verifying any document whatsoever under this Act. * * * * * Health Act 1958 - SECT 443 Proof of ownership 443. Proof of ownership (1) In any legal proceedings under this Act- (a) evidence that the person proceeded against is rated in respect of any land or premises to any general rate for the council within the municipal district of which such land or premises are situate; and (b) evidence by the certificate of the Registrar-General or his deputy that any person appears from any memorial of registration of any deed conveyance or other instrument to be the owner or proprietor of any land; and (c) evidence by a certificate signed by the Registrar of Titles or any assistant registrar and authenticated by the seal of the Office of Titles that any person's name appears in the Register kept under the Transfer of Land Act 1958 as owner or proprietor of any land- shall (until the contrary is proved) be evidence that such person is owner proprietor or occupier (as the case may be) of such land or premises. (2) If the person appearing to be the owner of any land is absent from Victoria or cannot after reasonable inquiries be found any occupier or any agent or person advertising or notifying himself by placard or otherwise as authorized to deal with such land in any way shall for the purposes of any legal proceedings under this Act be deemed to be such owner: Provided that- (a) such occupier agent or person may recover from such owner any penalty in which he has been convicted or any expenses to which he has been put or any sums of money or costs which he has expended in and about such land pursuant to this Act whether under the compulsion of legal process or not; and (b) nothing herein shall prejudice exclude or take away any other methods of proof. Health Act 1958 - SECT 444 Complaints etc. before Magistrates' Court 444. Complaints etc. before Magistrates' Court Save as otherwise expressly provided- (a) all complaints of and charges for offences under this Act may be heard and determined in a summary way before the Magistrates' Court; and (b) all moneys costs and expenses made payable or recoverable hereby may be recovered before the Magistrates' Court as a civil debt recoverable summarily or in any court of competent jurisdiction. Health Act 1958 - SECT 445 Appeal 445. Appeal (1) Any person who feels himself aggrieved by any conviction or order of the Magistrates' Court under this Act may appeal from such conviction or order to the County Court in the manner and on the conditions prescribed by any law in force relating to appeals from the Magistrates' Court to the County Court. (2) In this section person who feels himself aggrieved includes and shall be deemed at all times to have included any person who, with respect to a charge filed by him under this Act, is dissatisfied with any conviction or order (including the dismissal of the charge) of the Magistrates' Court. * * * * * Health Act 1958 - SECT 447 Proceedings in the Supreme Court 447. Proceedings in the Supreme Court Notwithstanding anything in this Act- (a) the Secretary or any council may (if in the Secretary's or the council's opinion summary proceedings would afford an inadequate remedy) cause any proceedings to be taken against any person in the Supreme Court- (i) to enforce compliance with any order given under this Act; or (ii) for the abatement or prohibition of any nuisance or cause of offence; or (iii) for the recovery of any penalties or expenses from or for the punishment of any person offending against this Act; (b) the Secretary may cause the like proceedings to be taken against any council; and for that purpose person in this section shall be deemed and taken to include council. Health Act 1958 - SECT 448 Removal of order etc. into Supreme Court 448. Removal of order etc. into Supreme Court In any case in which the Secretary or any council (in any court other than the Supreme Court) obtains an order or recovers judgment for the payment of any money whether in respect of the abatement of any nuisance or any work executed on any land the Secretary or the council- (a) may remove such order or judgment (including any order as to costs) into the Supreme Court and may sign judgment thereon; and (b) upon such final judgment or order execution may issue against the land in respect of which the expenditure was incurred in the same manner as if the same were a judgment or order of the Supreme Court. * * * * * Health Act 1958 - SECT 450 Application of penalties 450. Application of penalties (1) Where the application of any penalty under this Act is not otherwise provided for one-half of the penalty shall go to the person on whose complaint or information the penalty has been inflicted and the remainder to the council in whose municipal district the offence was committed: Provided that if the council or its officer is the complainant or informant the council shall be entitled to the whole of the penalty recovered. (2) All moneys arising from fines penalties and forfeitures imposed by or under this Act and recovered by the Secretary or any officer of the Department shall, notwithstanding anything in this section, form part of the Consolidated Fund. * * * * * __________________ * * * * * _______________ Health Act 1958 - SIXTH SCHEDULE NOTICE OF BIRTH TO THE MUNICIPAL CLERK I (a) of (b) hereby give notice: 1. That (c) residing at (d) was delivered of a (e) male (or female) child alive (e) (or dead or at full time or prematurely) at a.m.(e) or p.m. on the day of 19 at (f) ; and 2. That Dr. and Nurse are (e) (or, if the case so requires, Dr. or Nurse is) attending the patient. (Signature of person giving notice.) The Municipal Clerk, Council of _________________ * * * * * --------------- HEALTH ACT 1958 - NOTES ENDNOTES 1. General Information The Health Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892. 2. Table of Amendments This Version incorporates amendments made to the Health Act 1958 by Acts and subordinate instruments. ------------------------------------------------------------- Statute Law Revision Act 1959, No. 6505/1959 Assent Date: 5.5.59 Commencement Date: 1.4.59: s. 1(2) Current State: All of Act in operation Health Act 1959, No. 6507/1959 Assent Date: 5.5.59 Commencement Date: 5.5.59 Current State: All of Act in operation Health (Amendment) Act 1959, No. 6569/1959 Assent Date: 1.12.59 Commencement Date: 1.12.59 Current State: All of Act in operation Fisheries (Change of Title) Act 1960, No. 6610/1960 Assent Date: 3.5.60 Commencement Date: 3.5.60 Current State: All of Act in operation Health (Tuberculosis Arrangement) Act 1960, No. 6707/1960 Assent Date: 13.12.60 Commencement Date: 13.12.60 Current State: All of Act in operation Statute Law Revision Act 1960, No. 6716/1960 Assent Date: 21.12.60 Commencement Date: 21.12.60: subject to ss 3, 4 Current State: All of Act in operation Health (Amendment) Act 1960, No. 6732/1960 Assent Date: 21.12.60 Commencement Date: 1.5.61: Government Gazette 19.4.61 p. 1179 Current State: All of Act in operation Health (Proprietary Medicines) Act 1961, No. 6756/1961 Assent Date: 26.4.61 Commencement Date: 1.6.61: Government Gazette 31.5.61 p. 1849 Current State: All of Act in operation Health (Dangerous Substances) Act 1961, No. 6818/1961 Assent Date: 12.12.61 Commencement Date: 12.12.61 Current State: All of Act in operation Statute Law Revision Act 1962, No. 6867/1962 Assent Date: 16.4.62 Commencement Date: 1.1.62: ss 3, 4 Current State: All of Act in operation Tattooing Act 1962, No. 6878/1962 Assent Date: 2.5.62 Commencement Date: 2.5.62 Current State: All of Act in operation Health (Sampling of Foods) Act 1962, No. 6883/1962 Assent Date: 2.5.62 Commencement Date: 2.5.62 Current State: All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 Current State: All of Act in operation Sale of Human Blood Act 1962, No. 6917/1962 Assent Date: 20.11.62 Commencement Date: 20.11.62 Current State: All of Act in operation Statute Law (Further Revision) Act 1962, No. 6961/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 Current State: All of Act in operation Health (Amendment) Act 1962, No. 6967/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 Current State: All of Act in operation Health (Amendment) Act 1963, No. 7020/1963 Assent Date: 28.5.63 Commencement Date: 28.5.63 Current State: All of Act in operation Statute Law Revision Act 1963, No. 7065/1963 Assent Date: 3.12.63 Commencement Date: 3.12.63 Current State: All of Act in operation Health (Child Minding) Act 1964, No. 7122/1964 Assent Date: 28.4.64 Commencement Date: 1.7.65: Government Gazette 2.6.65 p. 1741 Current State: All of Act in operation Health (Amendment) Act 1964, No. 7132/1964 Assent Date: 5.5.64 Commencement Date: 5.5.64 Current State: All of Act in operation Health (Offensive Trades) Act 1964, No. 7211/1964 Assent Date: 15.12.64 Commencement Date: 15.12.64 Current State: All of Act in operation Health (Tuberculosis Arrangement) Act 1965, No. 7250/1965 Assent Date: 11.5.65 Commencement Date: 11.5.65 Current State: All of Act in operation Health (Household Insecticides) Act 1965, No. 7282/1965 Assent Date: 1.6.65 Commencement Date: 1.6.65 Current State: All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 14.12.65 Commencement Date: 14.12.65 Current State: All of Act in operation Hospitals Superannuation Act 1965, No. 7354/1965 Assent Date: 14.12.65 Commencement Date: 21.12.65: Government Gazette 21.12.65 p. 3915 Current State: All of Act in operation Psychological Practices Act 1965, No. 7355/1965 Assent Date: 14.12.65 Commencement Date: Ss 31, 32 on 21.12.65: Government Gazette 21.12.65 p. 3915; ss 1-14, 45, 46 on 6.7.66: Government Gazette 6.7.66 p. 2323; ss 15-25, 33, 35 on 9.11.66: Government Gazette 9.11.66 p. 3882; ss 26-30, 34, 36-44 on 21.12.66: Government Gazette 21.12.66 p. 4260 Current State: All of Act in operation Public Officers Salaries and Allowances Act 1965, No. 7356/1965 Assent Date: 14.12.65 Commencement Date: Ss 12-14 on 4.7.65: s. 1(3); ss 2-11 on 1.12.65: s. 1(2) Current State: All of Act in operation Hospitals and Charities (Liability of Patients) Act 1966, No. 7455/1966 Assent Date: 15.11.66 Commencement Date: 21.12.66: Government Gazette 21.12.66 p. 4257 Current State: All of Act in operation Health (Amendment) Act 1966, No. 7490/1966 Assent Date: 13.12.66 Commencement Date: 13.12.66 Current State: All of Act in operation Judges and Public Officers Salaries Act 1967, No. 7581/1967 Assent Date: 21.11.67 Commencement Date: 1.7.67: s. 1 Current State: All of Act in operation Health (Amendment) Act 1968, No. 7685/1968 Assent Date: 7.5.68 Commencement Date: 7.5.68 Current State: All of Act in operation County Court (Jurisdiction) Act 1968, No. 7705/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919 Current State: All of Act in operation Alcoholics and Drug-dependent Persons Act 1968, No. 7772/1968 Assent Date: 18.12.68 Commencement Date: 6.11.74: Government Gazette 6.11.74 p. 3923 Current State: All of Act in operation Health (Municipal Charges) Act 1969, No. 7813/1969 Assent Date: 13.5.69 Commencement Date: 1.10.69: Government Gazette 10.9.69 p. 3112 Current State: All of Act in operation Groundwater Act 1969, No. 7849/1969 Assent Date: 20.5.69 Commencement Date: 1.9.70: Government Gazette 19.8.70 p. 2827 Current State: All of Act in operation Justices (Amendment) Act 1969, No. 7876/1969 Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5, 6, 7(k)(m)-(o)) on 1.4.70: ss 3, 5, 6, 7(k)(m)-(o) on 1.7.70): Government Gazette 25.2.70 p. 463 Current State: All of Act in operation Gas Act 1969, No. 7886/1969 Assent Date: 2.12.69 Commencement Date: 2.2.70: Government Gazette 28.1.70 p. 230 Current State: All of Act in operation Health (Amendment) Act 1969, No. 7909/1969 Assent Date: 16.12.69 Commencement Date: 2.2.70: Government Gazette 21.1.70 p. 123 Current State: All of Act in operation Public Officers Salaries and Allowances Act 1970, No. 7954/1970 Assent Date: 7.4.70 Commencement Date: 1.1.70: s. 2 Current State: All of Act in operation Statutory Salaries Act 1970, No. 8082/1970 Assent Date: 22.12.70 Commencement Date: 22.12.70 Current State: All of Act in operation Health (Tuberculosis Arrangement) Act 1971, No. 8101/1971 Assent Date: 27.4.71 Commencement Date: 27.4.71 Current State: All of Act in operation Local Government (Further Amendment) Act 1971, No. 8149/1971 Assent Date: 4.5.71 Commencement Date: Ss 2, 3(a)(b)(d)-(j), 4-10, 11(d)(e), 12-19, 20(a)-(c), 21-24 on 16.6.71: Government Gazette 16.6.71 p. 2098; s. 3(c) on 1.11.71: Government Gazette 27.10.71 p. 3420; rest of Act (except s. 20(d)) on 1.10.72: Government Gazette 27.9.72 p. 3198; s. 20(d) on 3.6.74: Government Gazette 1.5.74 p. 1054 Current State: All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) Current State: All of Act in operation Health Services (Fees and Penalties) Act 1971, No. 8196/1971 Assent Date: 30.11.71 Commencement Date: 1.2.72: Government Gazette 12.1.72 p. 53 Current State: All of Act in operation Consumer Protection Act 1972, No. 8276/1972 Assent Date: 13.5.72 Commencement Date: Pt 1, Pt 2 Divs 1, 4, Pt 3 Divs 1, 3, Pts 4, 5 on 1.7.72: Government Gazette 28.6.72 p. 2360; Pt 2 Divs 2, 3, Pt 3 Div. 2 on 13.7.72: Government Gazette 12.7.72 p. 2518 Current State: All of Act in operation Clean Air (Amendment) Act 1972, No. 8324/1972 Assent Date: 28.11.72 Commencement Date: 6.12.72: Government Gazette 6.12.72 p. 3877 Current State: All of Act in operation Health (Amendment) Act 1972, No. 8343/1972 (as amended by No. 9019/1977) Assent Date: 12.12.72 Commencement Date: Ss 2, 7-12 on 10.1.73: Government Gazette 10.1.73 p. 45; rest of Act on 1.5.74: Government Gazette 10.4.74 p. 897 Current State: All of Act in operation Youth, Sport and Recreation Act 1972, No. 8344/1972 Assent Date: 12.12.72 Commencement Date: 19.12.72: Government Gazette 13.12.72 p. 3978 Current State: All of Act in operation Abattoir and Meat Inspection Act 1973, No. 8404/1973 Assent Date: 17.4.73 Commencement Date: Ss 1-9 on 1.2.74: Government Gazette 23.1.74 p. 133; rest of Act on 3.11.74: Government Gazette 11.9.74 p. 3342 Current State: All of Act in operation Health (Special Accommodation Houses) Act 1973, No. 8501/1973 Assent Date: 11.12.73 Commencement Date: 1.5.74: Government Gazette 10.4.74 p. 897 Current State: All of Act in operation Health (Fluoridation) Act 1973, No. 8506/1973 Assent Date: 11.12.73 Commencement Date: 20.3.74: Government Gazette 20.3.74 p. 664 Current State: All of Act in operation Consumer Affairs Act 1974, No. 8630/1974 Assent Date: 17.12.74 Commencement Date: 1.1.75: Government Gazette 18.12.74 p. 4301 Current State: All of Act in operation Health (Contraceptives) Act 1974, No. 8642/1974 (as amended by No. 11/1995) Assent Date: 17.12.74 Commencement Date: Ss 1, 2, 4, 6-8 on 1.9.75: Government Gazette 25.6.75 p. 2179; ss 3, 5 never proclaimed, repealed by No. 11/1995 Current State: All of Act in operation Cluster Titles Act 1974, No. 8661/1974 Assent Date: 20.12.74 Commencement Date: Ss 40, 41 on 15.8.75: Government Gazette 13.8.75 p. 2926; rest of Act on 1.10.75: Government Gazette 10.9.75 p. 3253 Current State: All of Act in operation Health (Proprietary Medicines Advisory Committee) Act 1974, No. 8674/1974 Assent Date: 22.4.75 Commencement Date: 22.4.75 Current State: All of Act in operation Health (Fees) Act 1975, No. 8756/1975 Assent Date: 18.11.75 Commencement Date: 1.3.76: Government Gazette 3.12.75 p. 3946 Current State: All of Act in operation Drainage of Land Act 1975, No. 8811/1975 Assent Date: 9.12.75 Commencement Date: 15.12.76: Government Gazette 15.12.76 p. 3574 Current State: All of Act in operation Health (Fees) Act 1976, No. 8906/1976 Assent Date: 30.11.76 Commencement Date: 30.11.76 Current State: All of Act in operation Minerals and Energy Act 1976, No. 8953/1976 Assent Date: 16.12.76 Commencement Date: Ss 1-3, 5 on 1.9.77: Government Gazette 17.8.77 p. 2653; s. 6 on 11.5.83: Government Gazette 11.5.83 p. 1088; s. 4 never proclaimed, repealed by No. 9863 Current State: All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: but see s. 2(2) Current State: All of Act in operation Health Commission Act 1977, No. 9023/1977 Assent Date: 24.5.77 Commencement Date: S. 57 on 1.1.77: s. 2(7); ss 1-5, 8-21, 30, 31-35, 55, 56 on 11.1.78: Government Gazette 11.1.78 p. 96; s. 22 on 1.7.78: Government Gazette 30.6.78 p. 1885; ss 6, 7, Pts 3, 4, ss 33, 34, Pt 6 Div. 1, s. 54 on 6.12.78; s. 32, Pt 6 Div. 2 on 7.12.78; Pt 6 Div. 3 on 8.12.78: Government Gazette 6.12.78 p. 3759; Pt 7 on 7.12.80: s. 2(5) Current State: All of Act in operation Health (Amendment) Act 1977, No. 9076/1977 Assent Date: 6.12.77 Commencement Date: S. 17(2) on 11.1.78: s. 1(3); ss 1-5, 7, 9-15, 18 on 21.12.77: Government Gazette 21.12.77 p. 4045; s. 16 on 8.3.78: Government Gazette 8.3.78 p. 637; s. 17(1) on 1.9.78: Government Gazette 26.7.78 p. 2432; s. 8 on 6.11.78; s. 6 on 1.1.79: Government Gazette 18.10.78 p. 3266 Current State: All of Act in operation Local Government (Regional Refuse Disposal) Act 1978, No. 9143/1978 Assent Date: 30.5.78 Commencement Date: 1.7.78: Government Gazette 14.6.78 p. 1645 Current State: All of Act in operation Local Government (Miscellaneous Provisions) Act 1978, No. 9162/1978 Assent Date: 30.5.78 Commencement Date: Ss 19, 36 on 1.10.78; ss 12, 34, 35, 44 on 1.8.78; rest of Act on 1.7.78: Government Gazette 14.6.78 p. 1645 Current State: All of Act in operation Lifts and Cranes (Amusement Structures) Act 1978, No. 9187/1978 Assent Date: 28.11.78 Commencement Date: 26.9.79: Government Gazette 26.9.79 p. 2955 Current State: All of Act in operation Health (Amendment) Act 1978, No. 9244/1978 Assent Date: 19.12.78 Commencement Date: Ss 1, 2, 3(b)(d), 4-16, 19-41, 43-54 on 1.1.79: Government Gazette 20.12.78 p. 3886; s. 55 on 1.3.79: Government Gazette 24.1.79 p. 201; s. 18 on 1.1.80: Government Gazette 3.10.79 p. 3069; ss 3(a)(c), 17 never proclaimed, repealed by No. 48/1988; s. 42 never proclaimed, repealed by No. 11/1995 Current State: All of Act in operation Health (Cattle) Act 1979, No. 9264/1979 Assent Date: 3.7.79 Commencement Date: 3.7.79 Current State: All of Act in operation Health (Proprietary Medicines) Act 1979, No. 9359/1979 Assent Date: 20.12.79 Commencement Date: 20.12.79 Current State: All of Act in operation Agricultural Chemicals Act 1980, No. 9368/1980 Assent Date: 22.4.80 Commencement Date: Ss 1-3, 4(a)-(f)(h)-(q), 5-10, 12(a)(b)(i)-(iii), 14-19, 21, 22 on 28.10.80; ss 4(g)(r), 11, 12(b)(iv)(c), 13, 20 on 1.1.81: Government Gazette 27.10.80 p. 3629 Current State: All of Act in operation Health (Special Accommodation Houses) Act 1980, No. 9374/1980 Assent Date: 6.5.80 Commencement Date: 19.6.80: Government Gazette 18.6.80 p. 2019 Current State: All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) Current State: All of Act in operation Health (Reporting to Parliament) Act 1980, No. 9479/1980 Assent Date: 23.12.80 Commencement Date: 23.12.80 Current State: All of Act in operation Planning Appeals Board Act 1980, No. 9512/1980 Assent Date: 23.12.80 Commencement Date: 1.12.81: Government Gazette 25.11.81 p. 3886 Current State: All of Act in operation Health (Exemptions) Act 1981, No. 9568/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81 Current State: All of Act in operation Health (Consultative Council on Maternal and Perinatal Mortality and Morbidity) Act 1981, No. 9659/1981 Assent Date: 22.12.81 Commencement Date: 25.3.82: Government Gazette 24.3.82 p. 811 Current State: All of Act in operation Meat Control Act 1981, No. 9666/1981 Assent Date: 22.12.81 Commencement Date: All of Act (except ss 9, 13) on 6.1.82: Government Gazette 6.1.82 p. 6; ss 9, 13 on 5.5.82: Government Gazette 28.4.82 p. 1171 Current State: All of Act in operation Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981 Assent Date: 12.1.82 Commencement Date: 8.12.83: Government Gazette 14.12.83 p. 3955 Current State: All of Act in operation Building Control (Plumbers Gasfitters and Drainers) Act 1981, No. 9720/1981 (as amended by Nos 10190, 10262, 72/1987) Assent Date: 12.1.82 Commencement Date: Sch. item 38 on 1.2.85: Government Gazette 24.10.84 p. 3849; Sch. item 13 on 1.12.88: Special Gazette (No. 94) 29.11.88 p. 1; Schedule items 1-12, 14-37 never proclaimed, repealed by No. 126/1993 Current State: This information relates only to the provision/s amending the Health Act 1958 Health (Private Hospitals) Act 1982, No. 9737/1982 Assent Date: 29.6.82 Commencement Date: 29.6.82 Current State: All of Act in operation Health (Amendment) Act 1982, No. 9782/1982 Assent Date: 12.10.82 Commencement Date: 12.10.82: s. 1(3) Current State: All of Act in operation Health (Consultative Council) Act 1983, No. 9876/1983 Assent Date: 3.5.83 Commencement Date: 6.3.84: Government Gazette 6.3.84 p. 743 Current State: All of Act in operation Health (Radiation Safety) Act 1983, No. 9889/1983 (as amended by No. 10087) Assent Date: 17.5.83 Commencement Date: Ss 1, 6 on 26.2.84: Government Gazette 22.2.84 p. 614; ss 2-5, 7 on 16.5.84: Government Gazette 9.5.84 p. 1438 Current State: All of Act in operation Water and Sewerage Authorities (Restructuring) Act 1983, No. 9895/1983 Assent Date: 7.6.83 Commencement Date: 7.6.83 Current State: All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) Current State: All of Act in operation Pensioners Rates Remission Act 1983, No. 10016/1983 Assent Date: 13.12.83 Commencement Date: 1.10.83: s. 1(2) Current State: All of Act in operation Water (Central Management Restructuring) Act 1984, No. 10081/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 20.6.84 p. 1937 Current State: All of Act in operation Food Act 1984, No. 10082/1984 Assent Date: 15.5.84 Commencement Date: All of Act (except ss 31(b), 50(5)) on 1.1.86: Government Gazette 6.11.85 p. 4213; ss 31(b), 50(5) never proclaimed, repealed by No. 11/1995 Current State: All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) Current State: All of Act in operation Health (Radiation Safety) Act 1984, No. 10142/1984 Assent Date: 13.11.84 Commencement Date: S. 5(a) on 30.12.84: s. 2(2); rest of Act on 11.12.84: s. 2(1) Current State: All of Act in operation Health (General Amendment) Act 1984, No. 10158/1984 (as amended by No. 72/1987) Assent Date: 20.11.84 Commencement Date: 20.11.84 Current State: All of Act in operation Commercial Arbitration Act 1984, No. 10167/1984 Assent Date: 20.11.84 Commencement Date: 1.4.85: Government Gazette 20.2.85 p. 372 Current State: All of Act in operation Health (Radiation Safety) Act 1985, No. 10179/1985 Assent Date: 4.6.85 Commencement Date: 2.7.85: s. 2 Current State: All of Act in operation Dangerous Goods Act 1985, No. 10189/1985 Assent Date: 30.7.85 Commencement Date: S. 6(Sch. 1 item 2) on 1.10.85: Government Gazette 1.10.85 p. 3803 Current State: This information relates only to the provision/s amending the Health Act 1958 Occupational Health and Safety Act 1985, No. 10190/1985 Assent Date: 30.7.85 Commencement Date: Sch. 2 items 16-19 on 23.2.88: Special Gazette (No. 11) 23.2.88 p. 1; Sch. 2 item 20 on 16.3.88: Government Gazette 16.3.88 p. 618; Sch. 2 item 21 on 20.9.88: Special Gazette (No. 80) 20.9.88 p. 1 Current State: This information relates only to the provision/s amending the Health Act 1958 Health (Blood Donations) Act 1985, No. 10192/1985 Assent Date: 24.9.85 Commencement Date: 30.6.85: s. 2 Current State: All of Act in operation Health (Amendment) Act 1985, No. 10262/1985 (as amended by No. 72/1987) Assent Date: 10.12.85 Commencement Date: Ss 1-3, 5, 6, 11 on 10.12.85: s. 2(1); s. 14(1) on 8.5.85: s. 2(2); s. 14(2) on 23.8.85: s. 2(3); s. 14(3) on 26.8.85: s. 2(4); s. 14(4)-(6) on 1.10.85: s. 2(5); ss 4, 7, 8, 10, 13, 14(7) on 1.3.86: Government Gazette 26.2.86 p. 451; ss 9, 12 never proclaimed, repealed by No. 48/1988 Current State: All of Act in operation Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: Ss 1-11, 13-27, 29-34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 Current State: All of Act in operation Hospital (Powers) Act 1986, No. 80/1986 Assent Date: 25.11.86 Commencement Date: 25.11.86 Current State: All of Act in operation Friendly Societies Act 1986, No. 119/1986 Assent Date: 23.12.86 Commencement Date: 1.9.87: Government Gazette 26.8.87 p. 2257 Current State: All of Act in operation Land Acquisition and Compensation Act 1986, No. 121/1986 Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224 Current State: All of Act in operation Prostitution Regulation Act 1986, No. 124/1986 Assent Date: 23.12.86 Commencement Date: Ss 69, 71, 72, 73(2)(b)(c) on 16.8.87: Government Gazette 12.8.87 p. 2175; ss 70, 73(1)(2)(a)(3) never proclaimed, repealed by No. 102/1994 Current State: This information relates only to the provision/s amending the Health Act 1958 Road Safety Act 1986, No. 127/1986 Assent Date: 23.12.86 Commencement Date: S. 102(Sch. 4 items 11.1, 11.2) on 1.7.87: Special Gazette (No. 26) 25.6.87 p. 1 Current State: This information relates only to the provision/s amending the Health Act 1958 Planning Appeals (Amendment) Act 1987, No. 9/1987 Assent Date: 28.4.87 Commencement Date: 1.8.87: Government Gazette 29.7.87 p. 1992 Current State: All of Act in operation Community Services Act 1987, No. 16/1987 Assent Date: 12.5.87 Commencement Date: Ss 1-6, 9-13, s. 4(3)(Sch. 1 items 1-23) on 22.2.89: Government Gazette 22.2.89 p. 386; s. 12(Sch. 2 items 1-13) on 15.3.89: Government Gazette 15.3.89 p. 587; rest of Act (ss 7, 8) on 25.6.92: Government Gazette 24.6.92 p. 1532 Current State: All of Act in operation Gas and Fuel Corporation (Amendment) Act 1987, No. 24/1987 Assent Date: 12.5.87 Commencement Date: 22.6.88: Government Gazette 22.6.88 p. 1774 Current State: All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987 Assent Date: 19.5.87 Commencement Date: S. 113 on 30.6.87; rest of Act (except ss 26(7), 30, Pts 5, 6, Sch. 4 item 49.9) on 1.7.87: Government Gazette 24.6.87 p. 1694; Pt 5 (ss 31-55) on 10.12.87: Government Gazette 9.12.87 p. 3328; s. 30 on 20.1.88: Government Gazette 20.1.88 p. 83; s. 26(7), Pt 6 (ss 56-65), Sch. 4 item 49.9 never proclaimed, repealed by No. 11/1995 Current State: All of Act in operation Health (Amendment) Act 1987, No. 72/1987 (as amended by No. 48/1988) Assent Date: 24.11.87 Commencement Date: S. 18(Sch. 2 item 5) on 20.11.84: s. 2(3); s. 10, s. 18(Sch. 2 items 7-13) on 10.12.85: s. 2(4); ss 1-3, 11, 12, 14-18, Sch. 1, s. 18(Sch. 2 items 1-4, 6) on 24.11.87: s. 2(1); ss 8, 13 on 6.12.87: Government Gazette 2.12.87 p. 3308; ss 5-7 on 14.2.88: Government Gazette 10.2.88 p. 219; s. 9 on 1.10.89: Government Gazette 17.5.89 p. 1159; s. 4 never proclaimed, repealed by No. 48/1988 Current State: All of Act in operation Health (Children's Services) Act 1987, No. 73/1987 Assent Date: 24.11.87 Commencement Date: 1.2.89: Government Gazette 21.12.88 p. 3798 Current State: All of Act in operation Tobacco Act 1987, No. 81/1987 Assent Date: 24.11.87 Commencement Date: Ss 6(1)(3), 13, 15 on 1.4.88: s. 2(2); s. 6(2) on 1.1.89: s. 2(4); s. 14 on 1.7.88: s. 2(3); rest of Act on 24.11.87: s. 2(1) Current State: All of Act in operation Liquor Control Act 1987, No. 97/1987 Assent Date: 1.12.87 Commencement Date: Ss 8, 10-14, 35-38 on 26.4.88: Government Gazette 30.3.88 p. 753; rest of Act (except ss 176(3), 177) on 3.5.88: Government Gazette 27.4.88 p. 1044; s. 177 never proclaimed, repealed by No. 70/1988; s. 176(3) never proclaimed, repealed by No. 122/1993 Current State: All of Act in operation Health (General Amendment) Act 1988, No. 48/1988 (as amended by Act Nos 1/1989, 78/1989 (as amended by No. 42/1993), 81/1989, 87/1989, 89/1989, 21/1995) Assent Date: 24.5.88 Commencement Date: S. 22 on 1.1.89: s. 2(2); ss 1-4, 6, 8, 9, 11, 12, 18, 19, 23, 24, 26, 27, 29, 30, 32-34, 36-38 on 1.12.88: Government Gazette 30.11.88 p. 3563; s. 13(1) (except (b)-(d)) on 12.9.89: Special Gazette (No. 51) 12.9.89 p. 1; s. 7 on 1.7.89; s. 17 on 31.12.89: Government Gazette 17.5.89 p. 1159; ss 13(1)(b)-(d)(2) on 1.7.90: Government Gazette 11.4.90 p. 1103; ss 20, 25, 28, 31 on 15.5.90: Government Gazette 9.5.90 p. 1342; ss 14, 15 on 1.3.91: Government Gazette 27.2.91 p. 386; s. 10 on 1.1.93: Special Gazette (No. 51) 12.9.89 p. 1; ss 16, 35 on 1.9.94: Government Gazette 18.8.94 p. 2240; s. 21 never proclaimed, repealed by No. 78/1989 Current State: This information relates only to the provision/s amending the Health Act 1958 Health Services Act 1988, No. 49/1988 Assent Date: 24.5.88 Commencement Date: S. 196 on 1.10.87: s. 2(2); ss 1-3, 6, 8-17, 52-56, 139, 193-195, 197-201 on 1.7.88: Government Gazette 29.6.88 p. 1896; s. 27 on 1.7.89: Government Gazette 3.5.89 p. 998; ss 18-26, 28-51, 57-69, 135-138, 140-142, 144-154, 156-159, 166-176, 177(1) (except (b)(c)), 178, 180, 182-192 on 14.5.89: Government Gazette 3.5.89 p. 998; rest of Act (except Pt 6 (ss 129-134)) on 1.2.91: Special Gazette (No. 9) 31.1.91 p. 2; Pt 6 (ss 129-134) never proclaimed, repealed by No. 11/1995 Current State: All of Act in operation Local Government (Consequential Provisions) Act 1989, No. 12/1989 Assent Date: 9.5.89 Commencement Date: S. 4(1) Sch. 2 items 57.1, 57.2, 57.4-57.8, 57.23, 57.35-57.37, 57.39-57.45, 57.47, 57.48, 57.56-57.58, 57.60-57.76, 57.79-57.99 on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 57.10, 57.11 on 3.6.92: Government Gazette 3.6.92 p. 1306; Sch. 2 items 57.3, 57.9, 57.12-57.22, 57.24-57.34, 57.38, 57.46, 57.49-57.55, 57.59, 57.77, 57.78 on 1.10.92: Government Gazette 23.9.92 p. 2789 Current State: This information relates only to the provision/s amending the Health Act 1958 Transfer of Land (Computer Register) Act 1989, No. 18/1989 Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 Current State: All of Act in operation County Court (Amendment) Act 1989, No. 19/1989 Assent Date: 16.5.89 Commencement Date: 1.8.89: Government Gazette 26.7.89 p. 1858 Current State: All of Act in operation Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 Current State: All of Act in operation Water (Consequential Amendments) Act 1989, No. 81/1989 Assent Date: 5.12.89 Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 Current State: All of Act in operation Health (Amendment) Act 1990, No. 1/1990 Assent Date: 20.3.90 Commencement Date: 15.5.90: Government Gazette 9.5.90 p. 1342 Current State: All of Act in operation Health (Radiographers) Act 1990, No. 76/1990 (as amended by Act Nos 42/1993, 23/1994) Assent Date: 4.12.90 Commencement Date: 1.3.97: Government Gazette 27.2.97 p. 434 Current State: All of Act in operation Health (Infectious Diseases) Act 1991, No. 59/1991 Assent Date: 6.11.91 Commencement Date: 6.11.91 Current State: All of Act in operation Meat Industry Act 1993, No. 40/1993 Assent Date: 1.6.93 Commencement Date: Sch. 2 items 5.1-5.4 on 30.6.93: Government Gazette 24.6.93 p. 1596 Current State: This information relates only to the provision/s amending the Health Act 1958 Health and Community Services (General Amendment) Act 1993, No. 42/1993 (as amended by No. 84/1993) Assent Date: 1.6.93 Commencement Date: Ss 3-6, 13-17 on 1.10.93: Government Gazette 16.9.93 p. 2548; ss 7-12 on 19.5.94: Government Gazette 19.5.94 p. 1170-see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Health Act 1958 Health (Amendment) Act 1993, No. 84/1993 Assent Date: 3.11.93 Commencement Date: Ss 1-3, 5-7 on 3.11.93: s. 2(1); s. 4 on 4.2.94: s. 2(3) Current State: All of Act in operation Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993 Assent Date: 7.12.93 Commencement Date: Ss 4(2), 6, 9 on 1.10.95: s. 2(1); s. 37(2) on 3.12.91: s. 2(2); s. 37(3) on 1.6.93: s. 2(3); rest of Act on 7.12.93: s. 2(4) Current State: All of Act in operation Building Act 1993, No. 126/1993 Assent Date: 14.12.93 Commencement Date: S. 264(Sch. 5 items 8.1-8.3) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 Current State: This information relates only to the provision/s amending the Health Act 1958 Children and Young Persons (Miscellaneous Amendments) Act 1994, No. 19/1994 Assent Date: 10.5.94 Commencement Date: S. 38(9) on 10.5.94: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Medical Practice Act 1994, No. 23/1994 Assent Date: 17.5.94 Commencement Date: S. 118(Sch. 1 items 24.1-24.21) on 1.7.94: Government Gazette 23.6.94 p. 1672 Current State: This information relates only to the provision/s amending the Health Act 1958 Catchment and Land Protection Act 1994, No. 52/1994 Assent Date: 15.6.94 Commencement Date: Ss 1, 2 on 15.6.94: s. 2(1); ss 3-5, Pt 2 (ss 6-19), Sch. 1 on 30.9.94: Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3) Current State: All of Act in operation Therapeutic Goods (Victoria) Act 1994, No. 79/1994 Assent Date: 22.11.94 Commencement Date: S. 73 on 22.5.95: s. 2(3) Current State: This information relates only to the provision/s amending the Health Act 1958 Prostitution Control Act 1994, No. 102/1994 Assent Date: 13.12.94 Commencement Date: S. 95 on 13.6.95: s. 2(3) Current State: This information relates only to the provision/s amending the Health Act 1958 Livestock Disease Control Act 1994, No. 115/1994 Assent Date: 20.12.94 Commencement Date: S. 142(Sch. 2 item 3) on 20.12.95: s. 2(3) Current State: This information relates only to the provision/s amending the Health Act 1958 Health Acts (Amendment) Act 1995, No. 21/1995 Assent Date: 16.5.95 Commencement Date: All of Act (except ss 8-11, 19, 20) on 16.5.95: s. 2(1); ss 8-11 on 1.1.96: Government Gazette 9.11.95 p. 3099; ss 19, 20 on 1.7.96: s. 2(3) Current State: All of Act in operation Infertility Treatment Act, No. 63/1995 Assent Date: 27.6.95 Commencement Date: S. 167 on 1.1.98: s. 2(4) Current State: This information relates only to the provision/s amending the Health Act 1958 Births, Deaths and Marriages Registration Act 1996, No. 43/1996 Assent Date: 26.11.96 Commencement Date: S. 65(Sch. item 8) on 2.10.97: Government Gazette 2.10. 97 p. 2731 Current State: This information relates only to the provision/s amending the Health Act 1958 Children's Services Act 1996, No. 53/1996 Assent Date: 3.12.96 Commencement Date: S. 57 on 1.6.98: Government Gazette 28.5.98 p. 1189 Current State: This information relates only to the provision/s amending the Health Act 1958 Veterinary Practice Act 1997, No. 58/1997 Assent Date: 28.10.97 Commencement Date: S. 96(Sch. item 5) on 17.3.98: Government Gazette 12.3.98 p. 520 Current State: This information relates only to the provision/s amending the Health Act 1958 Education (Preschools) Act 1997, No. 82/1997 Assent Date: 2.12.97 Commencement Date: S. 12 on 1.1.99: s. 2(3) Current State: This information relates only to the provision/s amending the Health Act 1958 Water Acts (Further Amendment) Act 1997, No. 110/1997 Assent Date: 23.12.97 Commencement Date: S. 42 on 1.1.98: Government Gazette 24.12.97 p. 3783 Current State: This information relates only to the provision/s amending the Health Act 1958 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Endnotes Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Health Act 1958 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 35) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Health Act 1958 Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 Assent Date: 10.11.98 Commencement Date: S. 23 on 15.12.98: s. 2(5) Current State: This information relates only to the provision/s amending the Health Act 1958 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 6) on 11.5.99: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Chinese Medicine Registration Act 2000, No. 18/2000 Assent Date: 16.5.00 Commencement Date: S. 108(2) on 1.1.02: Government Gazette 4.10.01 p. 2511 Current State: This information relates only to the provision/s amending the Health Act 1958 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 59) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Building (Legionella) Act 2000, No. 85/2000 Assent Date: 5.12.00 Commencement Date: S. 14 on 6.12.00: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 6(Sch. 4 item 3) on 28.6.01: Government Gazette 28.6.01 p. 1428 Current State: This information relates only to the provision/s amending the Health Act 1958 Health (Amendment) Act 2001, No. 33/2001 Assent Date: 19.6.01 Commencement Date: Ss 4-7(1), 8-12, 17, 18, 23, 24 on 20.6.01: s. 2(1); s. 7(2) on 1.1.02: s. 2(2); ss 15, 16 on 1.7.02: s. 2(4) Current State: This information relates only to the provision/s amending the Health Act 1958 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 60) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Health Act 1958 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 31) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Safe Drinking Water Act 2003, No. 46/2003 Assent Date: 11.6.03 Commencement Date: S. 57 on 1.7.04: s. 2 Current State: This information relates only to the provision/s amending the Health Act 1958 Death Notification Legislation (Amendment) Act 2004, No. 36/2004 Assent Date: 8.6.04 Commencement Date: Ss 20-23 on 9.6.04: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Public Administration Act 2004, No. 108/2004 Endnotes Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 93) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Health Act 1958 Health (Compulsory Testing) Act 2005, No. 12/2005 Assent Date: 10.5.05 Commencement Date: 11.5.05: s. 2 Current State: All of Act in operation Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005 Assent Date: 2.8.05 Commencement Date: S. 52 on 3.8.05: s. 2 Current State: This information relates only to the provision/s amending the Health Act 1958 Radiation Act 2005, No. 62/2005 Assent Date: 20.9.05 Commencement Date: S. 140 on 1.9.07: s. 2(2) Current State: This information relates only to the provision/s amending the Health Act 1958 Child Wellbeing and Safety Act 2005, No. 83/2005 Assent Date: 29.11.05 Commencement Date: S. 48 on 1.10.07: s. 2(2) Current State: This information relates only to the provision/s amending the Health Act 1958 Health Professions Registration Act 2005, No. 97/2005 (as amended by No. 25/2007) Assent Date: 7.12.05 Commencement Date: Ss 163(2), 182(Sch. 4 item 24) on 1.7.07: s. 2(3) Current State: This information relates only to the provision/s amending the Health Act 1958 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 22) on 1.7.07: Government Gazette 28.6.07 p. 1304 Current State: This information relates only to the provision/s amending the Health Act 1958 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 16) on 23.4.07: s. 2(3) Current State: This information relates only to the provision/s amending the Health Act 1958 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 46) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Health Act 1958 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 28) on 1.12.08: s. 2(2) Current State: This information relates only to the provision/s amending the Health Act 1958 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: Ss 263-265 on 1.1.09: Special Gazette (No. 365) 12.12.08 p. 1 Current State: This information relates only to the provision/s amending the Health Act 1958 Coroners Act 2008, No. 77/2008 Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 10) on 1.11.09: s. 2 Current State: This information relates only to the provision/s amending the Health Act 1958 ------------------------------------------------------------- Metric Conversion (Health Act) Regulations 1974, S.R. No. 241/1974 Date of Making: 11.6.74 Date of Commencement: 11.6.74 ------------------------------------------------------------- Government Gazette 27 July 1966 page 2662 Government Gazette 19 October 1966 page 3629 Government Gazette 6 May 1970 page 1211 Government Gazette 22 December 1971 page 3905 Government Gazette 8 November 1972 pages 3557, 3558 Government Gazette 13 February 1974 pages 378-381 Government Gazette 6 March 1974 page 559 ------------------------------------------------------------- 3. Explanatory Details 1 S. 6: Section 17 of the Health and Community Services (General Amendment) Act 1993, No. 42/1993 reads as follows: 17. Transitional provision (1) Any act done under the seal of the body corporate established under section 6 of the Principal Act before the coming into operation of section 5 of this Act, which was an act which was required to be done in the name of the Chief General Manager of the Department of Health, is not invalid merely because it was done under that seal. (2) Any act done- (a) in the name of the Secretary to the Department of Health and Community Services; or (b) under seal in the name of the Secretary to the Department of Health and Community Services- before the coming into operation of section 5 of this Act, which was an act which was required to be done in the name of the Chief General Manager of the Department of Health, is not invalid merely because it was done in the name of the Secretary to the Department of Health and Community Services or under seal in that name. 2 Pt 4 Div. 4 (Heading and ss 68-72): This Division does not apply to rivers, creeks, or water-courses to the extent to which the same are under the management and control of the Melbourne and Metropolitan Board of Works under the Melbourne and Metropolitan Board of Works Act 1958. See section 275 of that Act. 3 Pt 12 (Heading and ss 209-213): Section 25(7) of the Health (General Amendment) Act 1988, No. 48/1988 reads as follows: 7. New Division 1 of Part XII substituted, Divisions 2, 3 and 4 repealed and consequential and savings provisions Any registration of an apartment-house, boarding-house, common lodging-house or camping area which was in operation immediately before the commencement of this section continues in operation for the unexpired period of the registration subject to the Principal Act as amended by this section. 4 S. 422(2)(a): See section 391(1)(h). ?? ?? Health Act 1958 No. 6270 of 1958