HEALTH (FLUORIDATION) ACT 1973 No. 8506 of 1973 Version incorporating amendments as at 7 December 2007 Health (Fluoridation) Act 1973 - TABLE OF PROVISIONS Section Page 1. Short title and commencement 2. Definitions 3. Act to bind Crown 4. Protection from rights of action 5. Power to add fluoride to public water supplies 6. Procedure before adding fluoride to any water supply 7. Requirements in respect of water supply authorities adding fluoride to public water supply immediately before the commencement of this Act 8. Net capital costs and expenses 9. Right of entry to take samples of water 10. Offences 11. Regulations 12. Supreme Court-limitation of jurisdiction 13. Supreme Court-limitation of jurisdiction --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Health (Fluoridation) Act 1973 - SECT 1 Short title and commencement 1. Short title and commencement (1) This Act may be cited as the Health (Fluoridation) Act 1973. (2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. Health (Fluoridation) Act 1973 - SECT 2 Definitions 2. Definitions (1) In this Act unless inconsistent with the context or subject-matter- * * * * * * * * * * district in respect of any water supply authority means any district within which such authority is empowered by any Act to operate a public water supply; fluoride includes any compound of fluorine; prescribed means prescribed by or under this Act; public water supply means any water supply under the control of a water supply authority; regulations means regulations made under this Act; Secretary means the Secretary to the Department of Human Services; water supply authority means- (a) the holder of a water licence, water and sewerage licence or water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994; or (b) an Authority within the meaning of the Water Act 1989 that has a water district; or (c) a council performing water supply functions under the Local Government Act 1989; or (d) Melbourne Water Corporation. (2) If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definition of 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. Health (Fluoridation) Act 1973 - SECT 3 Act to bind Crown 3. Act to bind Crown This Act shall bind the Crown. Health (Fluoridation) Act 1973 - SECT 4 Protection from rights of action 4. Protection from rights of action No person has any right of action against- (a) a water supply authority; or (b) a member of a water supply authority; or (c) a person acting under the direction of a water supply authority; or (d) a person acting on behalf of a water supply authority under a contract made between that authority and the person- in respect of anything done in regard to the fluoridation of a public water supply in accordance with the provisions of this Act. Health (Fluoridation) Act 1973 - SECT 5 Power to add fluoride to public water supplies 5. Power to add fluoride to public water supplies (1) A water supply authority may and when required by the Secretary shall add fluoride to any public water supply under its control in the manner determined by the Secretary pursuant to this Act for dental health purposes. (2) No person shall add fluoride to any public water supply except by and in accordance with the direction of the water supply authority or on behalf of a water supply authority under a contract made between that authority and the person. (3) Nothing in this Act shall authorize a water supply authority to add fluoride to an extent that results in an average optimum concentration in excess of one part fluoride per million parts of water. Health (Fluoridation) Act 1973 - SECT 6 Procedure before adding fluoride to any water supply 6. Procedure before adding fluoride to any water supply (1) Before adding fluoride to any public water supply under its control, a water supply authority shall- (a) submit to the Secretary plans and specifications for the proposed scheme for fluoridation; (b) specify the public water supply and the district or districts in respect of which such scheme is intended to operate; and (c) furnish to the Secretary such further information as the Secretary may in any case require. (2) After considering the proposed scheme in relation to the aspects of public health and the ability of the water supply authority to operate the scheme satisfactorily, the Secretary shall- (a) determine the maximum concentration of fluoride expressed as parts of fluoride ion per million parts of water by weight that may be established in the public water supply by the water supply authority; (b) specify the compound or compounds of fluoride that may be added to the public water supply concerned; and (c) advise the water supply authority of its decision in these matters. (3) The water supply authority adding fluoride to a public water supply- (a) shall so regulate the concentration of fluoride that such concentration shall not exceed the maximum concentration determined by the Secretary; and (b) shall not add to the public water supply fluoride in any form other than that specified by the Secretary. Health (Fluoridation) Act 1973 - SECT 7 Requirements in respect of water supply authorities adding fluoride to public water supply immediately before the commencement of this Act 7. Requirements in respect of water supply authorities adding fluoride to public water supply immediately before the commencement of this Act (1) Where a water supply authority was, immediately before the commencement of this Act, using any equipment for the purpose of adding fluoride to any public water supply under its control such water supply authority shall forthwith submit plans and specifications of its scheme to the Secretary for consideration as required by section 6. (2) Notwithstanding anything in sections 5 or 6 such authority may subject to the other provisions of this Act and the regulations continue the use of such equipment. Health (Fluoridation) Act 1973 - SECT 8 Net capital costs and expenses 8. Net capital costs and expenses The net capital costs and expenses incurred by any water supply authority in the installation of the necessary equipment and control measures for an approved system for adding fluoride to any public water supply under its control shall be paid to the water supply authority on the recommendation of the Secretary out of moneys to be provided by the Parliament for that purpose. Health (Fluoridation) Act 1973 - SECT 9 Right of entry to take samples of water 9. Right of entry to take samples of water Any person authorized in writing by the Secretary may at any time enter upon the lands of any water supply authority or the lands of any person acting under the direction of, or on behalf of, a water supply authority under a contract made between that authority and the person to examine and test equipment used in adding fluoride to the water and take samples of any chemical substance being used or to take samples of water for analysis from any point in the water supply system of the authority or person acting under the direction of, or on behalf of, a water supply authority under a contract made between that authority and the person. Health (Fluoridation) Act 1973 - SECT 10 Offences 10. Offences Any person, not being a water supply authority, who contravenes or fails to comply with any of the provisions of this Act or any water supply authority contravening or failing to comply with any of the provisions of this Act or of the regulations thereunder shall be guilty of an offence against this Act; and shall be liable to a penalty of not less than $200 nor more than $1000 and in the case of a continuing offence, to a daily penalty not exceeding $40. Health (Fluoridation) Act 1973 - SECT 11 Regulations 11. Regulations The Governor in Council may make regulations not inconsistent with this Act for or with respect to- (a) the duties of a water supply authority or a person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person relating to the addition of fluoride to a public water supply including- (i) the imposition of requirements as to the taking of samples of water from the public water supply of the authority or the person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person; and (ii) the testing and analysing of the samples by the authority, the person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person and by other prescribed persons or bodies. (b) prescribing the method of making such analyses and tests and the times or intervals at which such analyses and tests shall be made; (c) the records to be kept for the purposes of this Act by a water supply authority to whom an approval under this Act has been granted; (ca) the records to be kept by a person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person; (d) the licensing of persons employed in operating plant or equipment used for adding fluoride to any public water supply; (e) the handling and use of fluoride for the purposes of this Act; (f) the protection of persons employed in the handling or use of fluoride for the purposes of this Act; (g) all matters which are required or permitted to be prescribed or which are necessary to be prescribed for carrying out or giving effect to this Act. Health (Fluoridation) Act 1973 - SECT 12 Supreme Court-limitation of jurisdiction 12. 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 Supreme Court from entertaining an action of the kind referred to in section 4. Health (Fluoridation) Act 1973 - SECT 13 Supreme Court-limitation of jurisdiction 13. Supreme Court-limitation of jurisdiction It is the intention of section 4, as it applies with respect to water supply authorities within the meaning given to that term by this Act as amended by section 43 of the Water Acts (Further Amendment) Act 1997, to alter or vary section 85 of the Constitution Act 1975. --------------- ENDNOTES 1. General Information The Health (Fluoridation) Act 1973 was assented to on 11 December 1973 and came into operation on 20 March 1974: Government Gazette 20 March 1974 page 664. 2. Table of Amendments This Version incorporates amendments made to the Health (Fluoridation) Act 1973 by Acts and subordinate instruments. ------------------------------------------------------------- Health Commission Act 1977, No. 9023/1977 Assent Date: 24.5.77 Commencement Date: S. 40(Sch. 1 Pt A item 8) on 6.12.78: Government Gazette 6.12.78 p. 3759 Current State: All of Act in operation Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83: s. 1(2) 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: 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 Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451 Current State: This information relates only to the provision/s amending the Health (Fluoridation) Act 1973 Local Government (Consequential Provisions) Act 1989, No. 12/1989 Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 item 58.1) on 1.11.89: Government Gazette 1.11.89 p. 2798 Current State: This information relates only to the provision/s amending the Health (Fluoridation) Act 1973 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 and Community Services (Further Amendment) Act 1993, No. 124/1993 Assent Date: 7.12.93 Commencement Date: All of Act (except Pt 3 (ss 4-8)) on 7.12.93: s. 2(1); Pt 3 on 18.12.94: Government Gazette 15.12.94 p. 3308 Current State: All of Act in operation Water Acts (Further Amendment) Act 1997, No. 110/1997 Assent Date: 23.12.97 Commencement Date: Ss 43, 44 on 1.1.98: Government Gazette 24.12.97 p. 3783 Current State: This information relates only to the provision/s amending the Health (Fluoridation) Act 1973 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 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 (Fluoridation) Act 1973 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 94) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Health (Fluoridation) Act 1973 ------------------------------------------------------------- 3. Explanatory Details No entries at date of publication. ?? ?? Health (Fluoridation) Act 1973 No. 8506 of 1973