Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the context otherwise indicates, the following terms have the meanings
set against them respectively —
Agvet Code of Western Australia has the same
meaning as it has in the
Agricultural and Veterinary Chemicals (Western Australia) Act 1995 ;
AIDS means acquired immune deficiency syndrome;
analyst means analyst registered under
section 203;
Analytical Committee means the Local Health
Authorities Analytical Committee established under section 247A;
apparatus for the treatment of sewage means any
apparatus for the bacteriolytic or aerobic treatment of sewage or any other
apparatus for the treatment of sewage approved by the Executive Director,
Public Health and includes any buildings, fittings, works, or appliances used
or required in connection with the bacteriolytic or aerobic treatment of
sewage, and the disposal of effluent or any residue of such treatment;
cellar or underground room includes any room being
part of a house, if the floor of such room is more than a depth of one metre
below the surface of the adjoining street, or of the land adjoining or nearest
to such room;
CEO has the meaning given by section 3 of the
Health Legislation Administration Act 1984 ;
cesspool includes any receptacle for nightsoil or
for noxious or offensive matter below or above the ground, but does not
include any regulation sanitary pan, or any apparatus for the treatment of
sewage, or other approved receptacle;
daily penalty means a penalty for each day on
which any offence is continued after notice has been given to the offender of
the commission of the offence, or after a conviction or order by any court, as
the case may be;
dairy includes all buildings, yards, and premises
occupied or used, or intended to be occupied or used, for the carrying on of
any dairy business, or the production or manufacture or storage of any dairy
produce;
dairy produce means milk, cream, butter, cheese,
and any other product of milk intended for the food of man;
Department means the department of the Public
Service of the State principally assisting the Minister in the administration
of this Act;
disposal in relation to sewage, rubbish or refuse,
includes disposal by one or more of the following methods —
(a)
removal;
(b)
treatment;
(c)
destruction;
(d)
burial;
district means an area that has been declared to
be a district under the Local Government Act 1995 plus any place under
the control of the local government which is outside the boundaries of the
district;
drain means any drain for the drainage of one
building only, or of premises within the same curtilage, and made merely for
the purpose of communicating therefrom with a receptacle for drainage, or with
a sewer into which the drainage of 2 or more buildings or premises occupied by
different persons is conveyed, and includes the whole length of any combined
system of drainage from several premises up to the point at which it enters
the public sewer;
drug means any substance, organic or inorganic,
used as medicine, or in the composition or preparation of medicines, whether
for external or internal use, and includes soap and perfumes, cosmetics,
absorbent cotton wool and surgical dressings and also includes therapeutic
substances;
environmental health officer means an
environmental health officer appointed under this Act and includes any acting
or assistant environmental health officer;
Executive Director, Personal Health means the
person holding or acting in the office of Executive Director, Personal Health
Services in the Department;
Executive Director, Public Health means the person
holding or acting in the office of Executive Director, Public Health and
Scientific Support Services in the Department;
false trade description means a trade description
which, by reason of anything contained therein or omitted therefrom, is false
or likely to mislead in a material respect, as regards the articles to which
it is applied, and includes every alteration of a trade description, whether
by way of addition, effacement, or otherwise, which makes the description
false or likely to mislead in a material respect;
food has the meaning given to that term in the
Food Act 2008 section 9;
HIV infection means human immunodeficiency virus
infection;
house means any building or structure, whether
temporary or otherwise, including tents and vans, and includes a place of
worship, school, factory, workroom, shop, hotel, public house, or other
premises of a licensed victualler; the term also includes any vessel lying in
any river, harbour, or other water within the territorial waters of Western
Australia 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. It is immaterial whether the house is on
alienated land or Crown land:
Provided that where any building is let or
occupied in flats, each flat shall be deemed to be a separate house;
infectious disease means and includes typhoid
fever (which shall include paratyphoid fever), scarlet fever, diphtheria,
poliomyelitis, plague, leprosy, tuberculosis (which shall include all forms of
tuberculosis), cholera, yellow fever, typhus fever (all forms), malaria,
ancylostomiasis, filariasis, anthrax; and also any other disease which the
Governor from time to time by notification in the Government Gazette declares
to be an infectious disease for the purposes of this Act, either generally or
with respect to any particular place, and also the condition in which the
organism presumed to cause any of the diseases is found to be present in any
person;
land includes houses, buildings, and structures
thereon, and rivers, streams, wells, and waters, and easements of every
description;
lodging-house means any building or structure,
permanent or otherwise, and any part thereof, in which provision is made for
lodging or boarding more than 6 persons, exclusive of the family of the keeper
thereof, for hire or reward; but the term does not include —
(a)
premises licensed under a publican’s general licence, limited hotel
licence, or wayside-house licence, granted under the Licensing Act 1911 2
;
(b)
residential accommodation for students in a non-government school within the
meaning of the School Education Act 1999 ; or
(c) any
building comprising residential flats;
meat except in Division 3A of Part VIIA,
means the flesh of any animal when killed which is intended to be used for the
food of man, whether fresh, or prepared by freezing, chilling, preserving,
salting, or by any other process;
medical officer includes all medical officers of
health appointed pursuant to this Act, and whether appointed by the Governor
or by a local government;
medical practitioner means a legally qualified
medical practitioner duly registered under the Medical Practitioners
Act 2008 ;
midwife has the meaning given to that term in
section 3 of the Nurses and Midwives Act 2006 ;
milk means the natural lacteal fluid, product of
an animal;
Minister means the Minister of the Crown charged
with the general administration of this Act;
municipal fund means the municipal fund of the
local government established under section 6.6 of the Local Government
Act 1995 ;
newspaper means a newspaper generally circulating
in the district;
nurse practitioner means a nurse practitioner, as
defined in the Nurses Act 1992 3 , who is carrying on in a
designated area (as defined in that Act) the practice of nursing as a nurse
practitioner;
occupier includes a person having the charge,
management, or control of premises, and in the case of a house which is let
out in separate tenements, or in the case of a lodging-house which is let to
lodgers, the person receiving the rent payable by the tenants or lodgers,
either on his own account or as the agent of another person; and in the case
of a vessel, the master or other person in charge thereof; the term also
includes any person in occupation of the surface of any lands of the Crown,
notwithstanding any want of title to occupy same;
offensive includes noxious;
offensive matter means and includes dust, mud,
ashes, rubbish, filth, blood, offal, manure, soil or any other material which
is offensive, and which is placed or found in or about any house, stable,
cowhouse, pigsty, lane, yard, street, or place whatsoever;
owner means the person for the time being
receiving the rack-rent of the lands or premises in connection with which the
word is used, whether on his own account or as agent or trustee for any other
person, or who would so receive the same if such premises were let at a
rack-rent;
pesticide has the same meaning as
“agricultural chemical product” has in the Agvet Code of Western
Australia;
piggery means any building, enclosure, or yard in
which one or more pigs are kept, bred, reared, or fattened for purposes of
trade;
pig-swill means residues or wastes, whether solid
or liquid or part of each, from kitchens, manufacturies, shops, abattoirs or
markets, which residues or wastes may be used as food for pigs;
premises includes messuages, buildings, lands, and
hereditaments;
prescribed means prescribed by this Act or by any
regulation or local law thereunder;
private place includes every place other than a
public place;
proclamation means a proclamation by the Governor
published in the Government Gazette ;
public health official means a person appointed or
designated as a medical officer of health, environmental health officer,
inspector or public health official under section 6 or 7, as the case
requires, of the Health Legislation Administration Act 1984 ;
public house includes any house in respect of
which a publican’s general licence, an hotel licence, an Australian wine
and beer licence, or wayside house licence is held under any Act regulating
the sale of intoxicating liquor;
public place , except in Part IXB, includes every
place to which the public ordinarily have access, whether by payment of fee or
not;
public vehicle includes a coach, cab, omnibus,
motor car, wagon, or other vehicle carrying passengers for hire, and includes
a tramcar and railway carriage;
rack-rent means rent which is not less than
two-thirds of the full net annual value of the property out of which the rent
arises; and the full net value shall be taken to be the rent at which the
property might reasonably be expected to let from year to year, free from
rates and taxes and deducting therefrom the probable average annual cost of
the repairs, insurance, and other expenses (if any) necessary to maintain the
same in a state to command such rent;
regulation , except in Part VIII, means a
regulation made under this Act;
relative , in relation to a person, includes a de
facto partner of the person;
responsible pathologist , in relation to a
pathology laboratory, means the pathologist responsible for the day to day
operations of the pathology laboratory;
sanitary convenience includes urinals,
water-closets, earth-closets, privies, sinks, baths, wash troughs, apparatus
for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the
deposit of ashes, faecal matter, or refuse, and all similar conveniences;
school means and includes any premises in or upon
which children or other persons are assembled for the purpose of instruction,
including religious instruction;
sell includes —
(a)
barter, offer or attempt to sell, receive for sale, have in possession for
sale, expose for or on sale, send, forward or deliver for sale or cause or
permit to be sold or offered for sale;
(b) sell
for resale; and
(c) in
relation to food, supply or use under an agreement or arrangement or a
contract, together with accommodation, service or entertainment, in
consideration of an inclusive charge for the food supplied and the
accommodation, service or entertainment;
sewage means any kind of sewage, nightsoil, faecal
matter or urine, and any waste composed wholly or in part of liquid;
sewer includes sewers and drains of every
description, except drains to which the word “drain” as above
defined applies, also water channels constructed of stone, brick, concrete, or
any other material, the property of a local government;
street includes any highway, and any public
bridge, and any road, lane, footway, square, court, alley or passage, whether
a thoroughfare or not;
the Drug Advisory Committee means the Drug
Advisory Committee established by section 202(1);
therapeutic substance means a substance which has
a therapeutic use and which is prescribed under Division 7 of Part VIIA
to be a therapeutic substance, and includes a surgical ligature, suture or
dressing, but does not include a vaccine prepared from microscopic organisms
from the body of a person or animal for use in the treatment of that person
only;
therapeutic use means a use for the purpose
of —
(a)
preventing, diagnosing, curing or alleviating of a disease, ailment, defect or
injury in persons;
(b)
influencing, inhibiting or modifying of a physiological process in persons;
(c)
testing of susceptibility to a disease or ailment in persons;
this Act includes the regulations and local laws
made thereunder;
trade includes business and manufacture;
trade description , in relation to any drug, means
any description, statement, indication, or suggestion, direct or
indirect —
(a) as
to the nature, number, quality, quantity, purity, class, grade, measure,
gauge, size, or weight of the articles; or
(b) as
to the country or place in or at which the articles were made or produced; or
(c) as
to the manufacturer or producer of the articles, or the person by whom they
were selected, packed, or in any way prepared for the market; or
(d) as
to the mode of manufacturing, producing, selecting, packing, or otherwise
preparing the articles; or
(e) as
to the materials or ingredients of which the articles are composed, or from
which they are derived; or
(f) as
to the article being the subject of an existing patent, privilege, or
copyright; or
(g) as
to the efficacy of the article, or as to the effects which have followed, or
may be expected to follow the use thereof;
venereal disease means and includes gonorrhoea,
syphilis (including congenital syphilis), soft chancre, venereal warts and
granuloma;
vessel includes a ship;
writing includes printing, and other modes of
repeating and reproducing words in visible form.
[(1a), (2) deleted]
[Section 3 amended by No. 55 of 1915
s. 2; No. 17 of 1918 s. 2; No. 5 of 1922 s. 2;
No. 50 of 1926 s. 3; No. 30 of 1932 s. 2; No. 32 of
1937 s. 2; No. 21 of 1944 s. 3; No. 71 of 1948 s. 3;
No. 11 of 1952 s. 3; No. 25 of 1952 s. 2; No. 34 of
1954 s. 4; No. 21 of 1957 s. 4; No. 18 of 1964 s. 3;
No. 24 of 1970 s. 4; No. 94 of 1972 s. 4(1) (as amended by
No. 83 of 1973 s. 3); No. 102 of 1973 s. 4; No. 28 of 1984
s. 24; No. 26 of 1985 s. 4; No. 57 of 1985 s. 11;
No. 80 of 1987 s. 4; No. 104 of 1990 s. 38; No. 59 of
1991 s. 4 and 6; No. 27 of 1992 s. 84; No. 73 of 1994
s. 4; No. 3 of 1995 s. 57; No. 88 of 1994 s. 100;
No. 14 of 1996 s. 4; No. 28 of 1996 s. 4; No. 10 of
1998 s. 39(1); No. 62 of 1998 s. 4; No. 36 of 1999 s. 247;
No. 24 of 2000 s. 16(1); No. 28 of 2003 s. 73; No. 59 of
2004 s. 141; No. 23 of 2006 s. 4; No. 28 of 2006
s. 249; No. 50 of 2006 s. 114; No. 22 of 2008 s. 162;
No. 43 of 2008 s. 147(2) and (3).]
[ 4. Deleted by No. 14 of 1996 s. 4.]