Victorian Consolidated Legislation

Health Act 1958 - SECT 3

PART I INTRODUCTION

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;

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Act relating to local government includes the Local Government Act 1989;





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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;



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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);



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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;

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council means council within the meaning of section 3(1) of the
Local Government Act 1989;



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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);

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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;

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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;

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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;

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meat includes small goods;

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medical officer of health means a registered medical practitioner being a
medical officer of health of a council;



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medical surveillance means the keeping of a person under medical supervision;

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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;



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newspaper means a newspaper generally circulating in the municipal district;

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offensive, except in Part III, includes noxious; and offensiveness includes
noxiousness;



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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;

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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;

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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;





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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;

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public place includes every place to which the public ordinarily has access
whether by payment or not;

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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;

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sample includes part of a sample;

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Schedule means Schedule to this Act;

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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;

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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;

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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.

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