HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 3

HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 3

3 .         Terms used

        (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 ;

        analyst means analyst registered under section 203;

        Analytical Committee has the meaning given in section 247AA;

        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 Chief Health Officer 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;

        authorised officer has the meaning given in subsection (2A);

        cellar or underground room includes any room being part of a house, if the floor of such room is more than a depth of 1 m 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;

        Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);

        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;

        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 ; or

            (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 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 practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

        midwife means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the midwifery profession;

        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 means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession;

        nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose registration under that Law is endorsed as 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 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 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;

        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; and

            (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;

        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;

        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.

        [(2)         deleted]

        (2A)         A reference in a provision of this Act to an authorised officer is a reference to a person designated as an authorised officer under the Public Health Act 2016 section 24(1) whose designation has effect for the purposes of that provision.

        [Section 3 amended: 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: 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 Sch. 3 cl. 9; No. 22 of 2008 Sch. 3 cl. 23(2); No. 43 of 2008 s. 147(2) and (3); No. 35 of 2010 s. 69; No. 13 of 2014 s. 149; No. 17 of 2014 s. 23; No. 19 of 2016 s. 6 and 207; No. 4 of 2018 s. 111.]

[ 4.         Deleted: No. 14 of 1996 s. 4.]