Version No. 102
Health Act 1958
Act No. 6270/1958
Version incorporating amendments as at 1 July 2004
TABLE OF PROVISIONS
Section
1.
Short title and commencement
2.
Repealed
PART I—INTRODUCTION
3.
4.
5.
Page
1
2
2
Definitions
Repealed
Application of Act
2
19
19
PART II—ADMINISTRATION
21
Division 1—General
21
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 Repealed
Division 2—Repealed
21
22
22
23
24
24
25
25
25
25
16–23. Repealed
24. Consultative councils
24A. Disclosure of information by consultative councils
Officers &c.
25
26
27
28
25. Further powers and duties of certain officers
26–29. Repealed
i
28
28
Section
Page
Division 3—Local Administration
29
29A.
29B.
30.
30A.
30B.
31.
Functions of councils
Municipal public health plans
Appointment of medical officers of health
Appointment of environmental health officers
Transitional provision—environmental health officers
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 Repealed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Divisions 4, 5—Repealed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.
29
30
30
31
31
32
32
32
32
33
33
Repealed
33
PART III—NUISANCES
34
39A.
40.
41.
42.
43.
44.
45.
46.
47.
47A.
47B.
Application of Part
Definition
Duty of councils
Offence of causing a nuisance
Notification of nuisance
Notice to abate a nuisance
Failure of council to investigate complaint
Nuisance caused by two or more persons
Who may institute proceedings?
Power of councils to delegate functions under this Part
Power of councils to investigate nuisances outside their
municipal districts
47C. Nuisances on unoccupied land
47D. Regulations
34
35
35
35
35
36
38
39
40
40
40
40
41
PART IV—GENERAL SANITARY PROVISIONS
42
Divisions 1–3—Repealed
42
48–67.
Repealed
42
Division 4—Offensive waterways etc.
68.
69.
70.
71.
72.
Offensive waterways etc. on district boundaries etc.
Power to Secretary to require councils to show cause
Variation of orders
Execution of works
Waterways etc. not under control of council
Division 5—Repealed
73–76.
42
42
42
43
43
44
44
Repealed
44
ii
Section
Page
Division 6—Protection of Water Supplies
77–82.
Repealed
44
Division 7—Repealed
83, 84.
46
Repealed
46
Division 7A—Animals
46
85, 86. Repealed
87. Regulations as to destruction etc. of rats and mice
88–91. Repealed
Division 8—Repealed
92, 93.
44
46
46
47
47
Repealed
47
PART V—RADIATION SAFETY AND PEST CONTROL
48
Divisions 1, 2—Repealed
48
94–108. Repealed
48
Division 2AA—Radiation Safety
48
108AA. Regulations under the Act
108AB. Definitions
108AC. Registration of radiation apparatus
108AD. Registration of sealed radio-active sources
108AE. Registration of radiation apparatus and sealed sources
108AEA. Transfer of registration
108AF. Licences for radiation apparatus and radio-active substances
108AG. Suspension or cancellation of licence or registration
108AH. Appeals
108AI. Offences
108AJ. Regulations
108AK. Radiation Advisory Committee
108AL. Medical Radiation Technologists Board
Division 2A—Pest Control Operators
108A.
108B.
108C.
108D.
108E.
108F.
108G.
108H.
Definitions
Repealed
Licensing of users of pesticides
Repealed
Returns
Cancellation or suspension of licences
Repealed
Regulations
48
49
51
51
52
54
55
58
60
60
61
66
68
71
71
72
72
75
75
75
76
76
Division 3—Repealed
76
109–117. Repealed
76
iii
Section
Page
PART VI—MANAGEMENT AND CONTROL OF INFECTIOUS
DISEASES
77
Division 1—Preliminary
77
118. Definitions
119. Interpretation
77
78
Division 2—Offences
79
120. Offence of infecting other persons
Division 2A—Examining and testing after incidents involving
care-givers or custodians
120A.
120B.
120C.
120D.
Orders for tests
Authorisation for tests
Tests and test results
No identification to be given
Division 3—Examining, Testing, Counselling, Restriction and
Isolation Orders
121. Orders
122. Appeals
80
80
82
82
83
84
84
88
Division 4—Emergency Powers
89
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
89
90
91
92
126. Autopsies
92
Division 6—Special Provisions Relating to the Human Immunodeficiency Virus
127.
128.
129.
130.
79
Information to be given to a person requesting a test for HIV
Privacy
Closure of court or tribunal
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
iv
93
93
94
94
95
97
97
98
103
103
106
107
107
Section
Page
Division 8—Immunity
107
137. Immunity for giving information
Division 9—Disease Notification
108
138. Regulations about disease notification
139–142A. Repealed
PART VII—IMMUNISATION
PART VIII—REGULATIONS
110
111
113
109
112
PART IX—BIRTHS NOTIFICATION
Definition
Application to all births in Victoria
Early notification of births
Notice additional to requirements of other Acts
Regulations
PART IXA—Repealed
118
118
118
118
120
121
121
Repealed
121
PART IXB—CONSULTATIVE COUNCIL ON OBSTETRIC
AND PAEDIATRIC MORTALITY AND MORBIDITY
162B.
162C.
162CA.
162D.
162E.
162F.
162FA.
162FB.
162G.
162H.
162I.
109
113
146. Regulations
147–149. Repealed
150–157. Repealed
162A.
108
108
109
143. Definitions
144. Immunisation status certificates to be produced upon
enrolment at primary school
145. Outbreaks of prescribed infectious diseases in primary schools
158.
159.
160.
161.
162.
107
Definitions
Constitution of Consultative Council
Repealed
Procedure of Council
Sub-committees
Functions of the Council
Council may request disclosure
Disclosure of information held by the Council
Report of birth
Confidentiality
Regulations
v
122
122
124
126
126
126
126
128
128
129
131
132
Section
Page
PARTS X–XIA—Repealed
133
163–208I. Repealed
133
PART XII—ACCOMMODATION
135
Division 1—Registration
135
209.
210.
211.
212.
213.
Definitions
Registration
Offence
Access by authorised officers
Regulations
Division 2—Repealed
135
136
136
136
136
138
214–227F. Repealed
138
PART XIII—PRECAUTIONS AGAINST FIRE
228. Regulations
139
139
PARTS XIV, XIVA—Repealed
141
229–304B. Repealed
141
PART XV—MEAT SUPERVISION
142
Division 1—Repealed
142
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
142
142
143
143
143
143
144
144
145
145
142
Division 2—Repealed
145
328–332. Repealed
145
PARTS XVI–XVIII—Repealed
146
333–366. Repealed
146
vi
Section
Page
PART XIX—REGISTRATIONS
147
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
147
147
147
148
148
149
149
150
151
151
151
152
152
153
PART XX—GENERAL AND SUPPLEMENTARY
155
Division 1—General
155
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
155
155
156
157
157
158
159
159
159
159
162
164
164
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.
vii
164
164
165
165
167
167
168
168
169
169
171
Section
Page
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
172
173
173
173
174
175
176
176
177
177
177
177
177
178
179
179
180
181
182
182
183
183
183
183
184
184
186
186
187
187
188
188
188
190
190
191
191
191
192
192
192
451, 452. Repealed
192
__________________
viii
Section
Page
SCHEDULES
193
SCHEDULES 1–5—Repealed
193
SCHEDULE 6—Notice of Birth to the Municipal Clerk
194
SCHEDULES 7–11—Repealed
194
═══════════════
ENDNOTES
195
1. General Information
195
2. Table of Amendments
196
3. Explanatory Details
215
ix
Version No. 102
Health Act 1958
Act No. 6270/1958
Version incorporating amendments as at 1 July 2004
An Act to consolidate the Law relating to Public Health.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
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.
1
S. 1
amended by
Nos 6507
s. 5(2), 6818
s. 2(1), 6867
s. 2(Sch. 1),
6967 s. 2(a)(b),
7122 s. 2(a),
7490 s. 2, 7909
s. 5(2), 8343
ss 6(2)(a),
10(2), 8642
s. 2, 9023
s. 40(Sch. 1
Pt A item 7(1)),
9076 ss 6(d),
7(1)(c), 11(b),
12(b), 15(b),
9187 s. 8(2),
9244 s. 2(a)–
(e), 9659
s. 2(2), 9666
s. 18, 9719
s. 134(a), 9876
s. 2(a), 9889
s. 2, 10082
s. 3(1)(Sch.
item 1), 10158
ss 12(1), 18(1),
10262 s. 4.
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 2
amended by
No. 7685
s. 7(a)(i)(ii),
repealed by
No. 42/1993
s. 16(1).
*
*
*
*
*
PART I—INTRODUCTION
No. 6024 s. 3.
S. 3
amended by
No. 46/1998
s. 7(Sch. 1)
(ILA s. 39B(1)).
S. 3(1) defs of
"abattoir" or
"slaughterhouse"
repealed by
No. 21/1995
s. 15(a).1
S. 3(1) def. of
"Act relating
to local
government"
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.1).
S. 3(1) def. of
"Administrative
Appeals
Tribunal"
inserted by
No. 48/1988
s. 20(2)(a),
repealed by
No. 52/1998
s. 311(Sch. 1
item 35.1).
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;
*
*
*
2
*
*
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
"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;
S. 3(1) def. of
"alcohol"
amended by
S.R. No.
241/1974
reg. 2(a)(i).
S. 3(1) def. of
"analysis"
amended by
Nos 10082
s. 3(1)(Sch.
item 2(a)),
33/2001
s. 18(1)(a).
*
*
*
*
*
S. 3(1) def. of
"analyst"
repealed by
No. 33/2001
s. 18(1)(b).
*
*
*
*
*
S. 3(1) def. of
"appointed
member"
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(2)(a)).
"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);
3
S. 3(1) def. of
"authorized"
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"boardinghouse"
substituted by
No. 9374
s. 2(5),
amended by
Nos 72/1987
s. 16(Sch. 1
item 1),
97/1987
s. 181(6)(a),
repealed by
No. 48/1988
s. 25(3).
S. 3(1) def. of
"brothel"
inserted by
No. 124/1986
s. 69(a),
substituted by
No. 102/1994
s. 95(a).
*
*
*
*
*
"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;
S. 3(1) def. of
"casual
vacancy"
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(2)(a)).
*
*
*
4
*
*
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
*
*
*
*
*
*
*
*
*
*
S. 3(1) def. of
"cesspool"
amended by
No. 10262 s. 4,
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
S. 3(1) def. of
"chairman"
repealed by
No. 9023
s. 40(Sch. 1
Pt A item
7(2)(a)).
*
*
*
*
*
S. 3(1) def. of
"Chief
General
Manager"
inserted by
No. 10262
s. 5(1),
substituted by
No. 42/1993
s. 4,
repealed by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
S. 3(1) def. of
"Commission"
substituted by
No. 9023
s. 40(Sch. 1
Pt A item
7(2)(b)),
repealed by
No. 10262
s. 5(1).
5
S. 3(1) def. of
"cellar" or
"underground
room"
amended by
S.R. No.
241/1974
reg. 2(a)(ii),
repealed by
No. 21/1995
s. 15(a).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"common
lodginghouse"
amended by
Nos 72/1987
s. 16(Sch. 1
item 2),
97/1987
s. 181(6)(b),
repealed by
No. 48/1988
s. 25(3).
S. 3(1) def. of
"council"
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.2).
*
*
*
*
*
"council" means council within the meaning of
section 3(1) of the Local Government Act
1989;
S. 3(1) def. of
"cowkeepers
dairymen or
purveyors of
milk"
repealed by
No. 48/1988
s. 13(2).
*
*
*
*
*
S. 3(1) def. of
"daily
penalty"
repealed by
No. 72/1987
s. 16(Sch. 1
item 3).
*
*
*
*
*
"dangerous" to health includes injurious or
prejudicial to health; and "danger" to health
includes injury or prejudice to health;
6
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
"Department" means the Department of Human
Services;
S. 3(1) def. of
"Department"
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(2)(a)),
new def. of
"Department"
inserted by
No. 10262 s. 4,
amended by
Nos 21/1995
s. 15(b),
46/1998
s. 7(Sch. 1).
"Division" means Division of a Part of this Act;
*
*
*
*
*
"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;
7
S. 3(1) def. of
"drain"
repealed by
No. 21/1995
s. 15(a).
S. 3(1) def. of
"drug"
amended by
No. 79/1994
s. 73(a).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"food vending
machine"
inserted by
No. 6967
s. 3(a),
repealed by
No. 10082
s. 3(1)(Sch.
item 2(b)).
S. 3(1) def. of
"general
rates"
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.3).
*
*
*
*
*
*
*
*
*
*
S. 3(1) def. of
"health
officer"
substituted by
No. 9023
s. 40(Sch. 1
Pt A
item 7(2)(c)),
amended by
Nos 10262
s. 4, 23/1994
s. 118(Sch. 1
item 24.1(a)).
"health officer" means a registered medical
practitioner who is a health officer of the
Department;
S. 3(1) def. of
"HIV"
inserted by
No. 48/1988
s. 20(2)(aa) (as
amended by
No. 78/1989
s. 10(a)).
"HIV" means the human immuno-deficiency
virus which is a causative agent of the
acquired immune deficiency syndrome and
other related conditions;
S. 3(1) def. of
"house"
amended by
Nos 72/1987
s. 16(Sch. 1
item 4),
97/1987
s. 181(6)(c),
74/2000
s. 3(Sch. 1
item 59.1).
"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 lodginghouses 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
8
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
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
S. 3(1) def. of
"household
insecticide"
inserted by
No. 7282
s. 2(1),
amended by
Nos 9368
s. 20, 9902
s. 2(1)(Sch.
item 105(a)),
97/1987
s. 181(6)(d),
74/2000
s. 3(Sch. 1
item 59.1).
(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;
9
S. 3(1) def. of
"infected"
repealed by
No. 48/1988
s. 20(2)(b).
S. 3(1) def. of
"infectious
disease"
substituted by
No. 48/1988
s. 20(2)(c) (as
amended by
No. 78/1989
s. 10(b)).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"isolation"
substituted by
No. 48/1988
s. 20(2)(d) (as
amended by
No. 78/1989
s. 10(b)).
S. 3(1) def. of
"label"
amended by
No. 10082
s. 3(1)(Sch.
item 2(c)).
"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;
S. 3(1) def. of
"licensed
victualler"
amended by
No. 9902
s. 2(1)(Sch.
item 105(b)),
substituted as
"licensed
hotelkeeper"
by No.
72/1987
s. 16(Sch. 1
item 5),
repealed by
No. 97/1987
s. 181(6)(e).
*
*
*
*
*
*
*
"meat" includes small goods;
S. 3(1) def. of
"meat area"
repealed by
No. 9244
s. 3(b).
*
*
*
10
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
"medical officer of health" means a registered
medical practitioner being a medical officer
of health of a council;
*
*
*
*
*
S. 3(1) def. of
"medical
officer of
health"
amended by
No. 23/1994
s. 118(Sch. 1
item 24.1(b)).
S. 3(1) def. of
"medical
practitioner"
amended by
No. 9902
s. 2(1)(Sch.
item 105(c)),
repealed by
No. 23/1994
s. 118(Sch. 1
item 24.1(c)).
"medical surveillance" means the keeping of a
person under medical supervision;
*
*
*
*
*
S. 3(1) def. of
"metropolitan
municipality"
amended and
re-named
"metropolitan
council" by
No. 12/1989
s. 4(1)(Sch. 2
item 57.4),
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
S. 3(1) def. of
"Minister"
repealed by
No. 72/1987
s. 16(Sch. 1
item 6).
*
*
*
*
*
S. 3(1) def. of
"municipality"
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.5).
11
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"municipal
clerk" or
"clerk"
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.6),
repealed by
No. 125/1993
s. 17(a).
S. 3(1) def. of
"municipal
district"
amended by
No. 12/1989
s. 4(1)(Sch. 2
items 57.7,
57.8).
S. 3(1) def. of
"municipal
fund"
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.9).
*
*
*
*
*
"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;
S. 3(1) def. of
"night-soil"
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
S. 3(1) def. of
"notifiable
infectious
disease"
repealed by
No. 48/1988
s. 20(2)(e).
*
*
*
*
*
S. 3(1) def. of
"offensive"
amended by
No. 48/1988
s. 20(2)(f).
"offensive", except in Part III, includes noxious;
and "offensiveness" includes noxiousness;
12
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
*
*
*
*
*
"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;
S. 3(1) def. of
"offensive
matter"
repealed by
No. 21/1995
s. 15(a).
S. 3(1) def. of
"officer"
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(2)(d)),
9244 s. 3(d),
10262 s. 4,
21/1995
s. 15(c).
"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;
13
S. 3(1)
def. of
"parent"
substituted by
No. 27/2001
s. 6(Sch. 4
item 3.1).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"piggery"
amended by
No. 72/1987
s. 16(Sch. 1
item 7),
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
"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;
S. 3(1) def. of
"private
abattoir"
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
"proclamation" means proclamation of the
Governor in Council;
S. 3(1) def. of
"proof spirit"
amended by
S.R. No.
241/1974
reg. 2(a)(iii).
"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);
S. 3(1) def. of
"prostitution"
inserted by
No. 124/1986
s. 69(b),
amended by
No. 102/1994
s. 95(b).
"prostitution" has the same meaning as in the
Prostitution Control Act 1994;
14
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
*
*
*
*
*
"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 State school
referred to in Parts I or II of the
Education Act 1958);
(d) any church chapel or meeting house;
and
15
S. 3(1) def. of
"public
abattoir"
repealed by
No. 21/1995
s. 15(a).
S. 3(1) def. of
"public
building"
amended by
Nos 8343
s. 6(2)(b),
72/1987
s. 16(Sch. 1
item 8).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
(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;
S. 3(1) def. of
"public
conveyance"
amended by
No. 127/1986
s. 102(Sch. 4
item 11.1),
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
"public place" includes every place to which the
public ordinarily has access whether by
payment or not;
S. 3(1) def. of
"refuse" and
"rubbish"
repealed by
No. 21/1995
s. 15(a).
S. 3(1) def. of
"registered
medical
practitioner"
inserted by
No. 23/1994
s. 118(Sch. 1
item 24.1(d)).
*
*
*
*
*
"registered medical practitioner" means a
registered medical practitioner within the
meaning of the Medical Practice Act 1994;
"regulation" means regulation made under or
continued in operation by this Act;
S. 3(1) def. of
"Rural Water
Commission"
inserted by
No. 10081
s. 5(1),
repealed by
No. 81/1989
s. 3(Sch.
item 21.1).
*
*
*
16
*
*
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
"sample" includes part of a sample;
*
*
*
*
*
S. 3(1) def. of
"sanitary
convenience"
repealed by
No. 21/1995
s. 15(a).
*
S. 3(1) def. of
"secretary"
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(2)(e)).
"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
S. 3(1) def. of
"Secretary"
inserted by
No. 46/1998
s. 7(Sch. 1).
(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;
*
*
*
17
*
*
S. 3(1) def. of
"sell"
amended by
Nos 6967
s. 3(b),
33/2001
s. 18(1)(c).
S. 3(1) def. of
"septic tank
system"
repealed by
No. 48/1988
s. 13(2).
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 3
S. 3(1) def. of
"sewer"
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
"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;
S. 3(1) def. of
"specified
infectious
disease"
inserted by
No. 59/1991
s. 4.
"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;
S. 3(1) def. of
"suitable
sanitary conveniences"
repealed by
No. 21/1995
s. 15(a).
*
*
*
*
*
"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.
18
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 5
(2) If under the Public Sector Management and
Employment Act 1998 the name of the
Department of Human Services is changed, a
reference in the definitions of "Department" and
"Secretary" in sub-section (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 sub-section (1), in determining
whether persons 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 275(2)
of the Property Law Act 1958 as may be relevant
in a particular case.
*
*
*
*
*
S. 3(2)
inserted by
No. 46/1998
s. 7(Sch. 1).
S. 3(3)
inserted by
No. 27/2001
s. 6(Sch. 4
item 3.3).
S. 4
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 7(3)),
10262 s. 4,
72/1987
s. 16(Sch. 1
item 9),
repealed by
No. 48/1988
s. 4.
No. 6024 s. 5.
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.
19
Health Act 1958
Act No. 6270/1958
Part I—Introduction
s. 5
S. 5(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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.
_______________
20
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 6
PART II—ADMINISTRATION
Pt 2 (Heading)
amended by
No. 9023
s. 37(1)(a).
Division 1—General
S. 6
amended by
No. 8343
s. 2(a),
repealed by
No. 9023
s. 37(1)(b),
new s. 6
inserted by
No. 10262
s. 5(2),
amended by
No. 46/1998
s. 7(Sch. 1).
6. Secretary2
(1) The person who is for the time being the
Department Head (within the meaning of the
Public Sector Management and Employment
Act 1998) 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.
21
S. 6(1)
substituted by
No. 42/1993
s. 5(1),
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 7
S. 6(2)
substituted by
No. 42/1993
s. 5(1).
(2) The body corporate under sub-section (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.
S. 6(3)
inserted by
No. 42/1993
s. 5(2),
amended by
No. 46/1998
s. 7(Sch. 1).
(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 Sector Management and Employment
Act 1998) of the Department and that person's
successors in office must be done by the body
corporate established under this section.
S. 6(4)
inserted by
No. 42/1993
s. 5(2),
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 7
repealed by
No. 9023
s. 37(1)(b),
new s. 7
inserted by
No. 10262
s. 5(2),
amended by
No. 46/1998
s. 7(Sch. 1).
7. Secretary successor of Health Commission
S. 8
amended by
No. 8343
s. 2(b)(c),
repealed by
No. 9023
s. 37(1)(b),
new s. 8
inserted by
No. 10262
s. 5(2),
amended by
No. 46/1998
s. 7(Sch. 1).
8. Secretary subject to direction of Minister
The Secretary is the successor in law of the Health
Commission of Victoria.
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.
22
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 8A
8A. Delegation by Secretary
S. 8A
inserted by
No. 10262
s. 5(2),
amended by
Nos 72/1987
s. 10(1),
48/1988
s. 6(a)–(c),
46/1998
s. 7(Sch. 1).
(1) The Secretary may, by instrument, delegate to—
*
*
*
*
*
S. 8A(1)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 8A(1)(a)
inserted by
No. 48/1988
s. 6(b),
repealed by
No. 46/1998
s. 7(Sch. 1).
(b) any employee or class of employees in the
public service; or
S. 8A(1)(b)
inserted by
No. 48/1988
s. 6(b),
substituted by
No. 46/1998
s. 7(Sch. 1).
(c) any public authority or the chief executive
officer (however described) of any public
authority; or
S. 8A(1)(c)
inserted by
No. 48/1988
s. 6(b).
(d) any council or officer of a council—
S. 8A(1)(d)
inserted by
No. 48/1988
s. 6(b).
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.
23
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 8B
S. 8A(2)
inserted by
No. 48/1988
s. 6(c).
S. 8A(3)
inserted by
No. 59/1991
s. 5.
(2) Despite sub-section (1), any power or function
delegated to a person under paragraph (c) of that
sub-section may be delegated by that person to an
officer or employee of that person.
(3) A delegation under sub-section (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.
S. 8B
inserted by
No. 10262 s. 6,
amended by
Nos 72/1987
s. 10(2),
46/1998
s. 7(Sch. 1).
S. 9
repealed by
No. 9023
s. 37(1)(b),
new s. 9
inserted by
No. 48/1988
s. 7,
amended by
No. 46/1998
s. 7(Sch. 1).
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.
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.
24
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 9A
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.
10. Saving of rights of officers and persons affected by
No. 4988
S. 9A
inserted by
No. 9023
s. 40(Sch. 1
Pt A item 7(4)),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024 s. 10.
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.
*
*
*
*
*
Ss 11–15
repealed.3
*
*
*
*
*
Pt 2 Div. 2
(Heading)
repealed by
No. 10262 s. 4.
*
*
*
*
*
Headings and
ss 16–23
amended by
No. 7132 s. 2,
repealed by
No. 9023
s. 37(1)(c).
25
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 24
S. 24
repealed by
No. 9023
s. 37(1)(c),
new s. 24
inserted by
No. 10262
s. 7(1).
S. 24(1)
amended by
No. 46/1998
s. 7(Sch. 1).
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.
S. 24(2A)
inserted by
No. 21/1995
s. 16(1).
(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.
S. 24(2B)
inserted by
No. 21/1995
s. 16(1).
(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 cooption ends.
26
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 24A
(3) The Minister may by Order revoke, vary or amend
an Order under sub-section (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.
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.
27
S. 24A
inserted by
No. 10262
s. 7(1).
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 25
S. 24A(2A)
inserted by
No. 42/1993
s. 6,
amended by
No. 33/2001
s. 23(a).
S. 24A(3)
amended by
No. 21/1995
s. 16(2).
(2A) Sub-section (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.
No. 6024 s. 25.
25. Further powers and duties of certain officers
In addition to any other powers and duties—
S. 25(a)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(5)(a)(i)),
9244 s. 4(a),
48/1988 s. 8,
21/1995
s. 17(a),
46/1998
s. 7(Sch. 1).
(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
S. 25(b)
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 7(5)
(a)(ii)), 9244
s. 4(a)(b),
10262 s. 4,
21/1995
s. 17(a)(b),
74/2000
s. 3(Sch. 1
item 59.2).
(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.
Ss 26–29
repealed.4
*
*
*
28
*
*
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 29A
Division 3—Local Administration
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.
29
S. 29A
inserted by
No. 48/1988
s. 10.
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 29B
S. 29B
inserted by
No. 48/1988
s. 10.
S. 29B(1)
amended by
No. 46/1998
s. 7(Sch. 1).
29B. Municipal public health plans
(1) Every council must, in consultation with the
Secretary, prepare at three year intervals a
municipal public health plan.
(2) A municipal public health plan must—
(a) identify and assess actual and potential
public health dangers affecting the municipal
district; and
(b) outline programs and strategies which the
council intends to pursue to—
(i) prevent or minimize those dangers; and
(ii) enable people living in the municipal
district to achieve maximum wellbeing; and
(c) provide for periodic evaluation of programs
and strategies.
(3) Every council must review its municipal public
health plan annually and, if appropriate, amend
the plan.
No. 6024 s. 30.
S. 30
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.10),
amended by
No. 23/1994
s. 118(Sch. 1
item 24.2).
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.
30
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 30A
(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
S. 30(3)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(b) the council.
30A. Appointment of environmental health officers
(1) Every council must appoint one or more
environmental health officers.
S. 30A
inserted by
No. 125/1993
s. 15.
(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.
S. 30A(2)
substituted by
No. 33/2001
s. 15.
(3) The Secretary, by notice published in the
Government Gazette, may declare the
qualifications that are necessary for appointment
as an environmental health officer.
S. 30A(3)
inserted by
No. 33/2001
s. 15.
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.
31
S. 30B
inserted by
No. 33/2001
s. 16.
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 31
No. 6024 s. 31.
S. 31
amended by
Nos 9244
s. 6(a)(b),
10158 s. 5(a)–
(c), 10262 s. 4,
72/1987
s. 16(Sch. 1
item 10),
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.10),
amended by
No. 125/1993
s. 17(b),
substituted by
No. 21/1995
s. 18.
No. 6024 s. 32.
S. 32
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(5)(c)),
9244 s. 7(a)(b),
10262 s. 4,
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.10).
Ss 33–36
repealed.5
S. 36A
inserted by
No. 9023
s. 37(3),
amended by
Nos 10158
s. 6, 10262
s. 4,
substituted by
No. 48/1988
s. 11,
amended by
Nos 46/1998
s. 7(Sch. 1),
12/1999
s. 4(Sch. 2
item 6.1).
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.
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.
*
*
*
*
*
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—
32
Health Act 1958
Act No. 6270/1958
Part II—Administration
s. 37
(a) order a council to perform any duties that the
Secretary directs;
S. 36A(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 36A(d)
amended by
Nos 21/1995
s. 17(b),
46/1998
s. 7(Sch. 1).
No. 6024 s. 37.
37. Councils to report to the Secretary
S. 37
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
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.
*
*
*
_______________
33
*
*
S. 37(b)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Pt 2 Divs 4, 5
repealed.6
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 39A
No. 6024
ss 40–47.
PART III—NUISANCES
Pt 3 (Heading
and ss 40–47)
amended by
Nos 9076
s. 3(a)(b),
10158
s. 4(Sch.
item 1), 10190
s. 3(1)(Sch. 2
items 16, 17),
10262 s. 4,
16/1986 s. 30,
substituted as
Pt 3 (Heading
and ss 39A–
47D) by
No. 48/1988
s. 12.
S. 39A
inserted by
No. 48/1988
s. 12.
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
S. 39A(c)
amended by
No. 52/1994
s. 97(Sch. 3
item 14.1).
(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.
34
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 40
40. Definition
(1) In this Part—
"offensive" means noxious, annoying or injurious
to personal comfort.
S. 40
substituted by
No. 48/1988
s. 12.
(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.
41. Duty of councils
A council must remedy as far as is reasonably
possible all nuisances in its municipal district.
42. Offence of causing a nuisance
A person must not—
S. 41
substituted by
No. 48/1988
s. 12.
S. 42
substituted by
No. 48/1988
s. 12.
(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.
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.
35
S. 43
substituted by
No. 48/1988
s. 12.
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 44
(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.
S. 44
substituted by
No. 48/1988
s. 12.
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 sub-section (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.
S. 44(3)
amended by
No. 57/1989
s. 3(Sch. item
91.1(a)(b)).
(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.
36
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 44
(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 sub-section (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.
37
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 45
(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.
S. 45
substituted by
No. 48/1988
s. 12.
S. 45(1)
amended by
No. 57/1989
s. 3(Sch.
item 91.2).
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.
S. 45(3A)
inserted by
No. 59/1991
s. 6.
(3A) The court must not order a council to pay any
costs or expenses under sub-section (3) unless it
first gives the council or its representative an
opportunity to be heard.
38
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 46
(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.
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.
39
S. 46
substituted by
No. 48/1988
s. 12.
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 47
S. 47
substituted by
No. 48/1988
s. 12.
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.
S. 47A
inserted by
No. 48/1988
s. 12.
47A. Power of councils to delegate functions under this
Part
S. 47B
inserted by
No. 48/1988
s. 12.
47B. Power of councils to investigate nuisances outside
their municipal districts
S. 47C
inserted by
No. 48/1988
s. 12.
47C. Nuisances on unoccupied land
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.
A council may investigate a nuisance which
occurs outside its municipal district if that
nuisance affects the council's municipal district.
(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.
40
Health Act 1958
Act No. 6270/1958
Part III—Nuisances
s. 47D
47D. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
S. 47D
inserted by
No. 48/1988
s. 12.
(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.
*
*
*
_______________
41
*
*
S. 47D(2)
substituted by
No. 33/2001
s. 24(1).
S. 47D(3)
repealed by
No. 33/2001
s. 24(1).
Health Act 1958
Act No. 6270/1958
Part IV—General Sanitary Provisions
s. 68
PART IV—GENERAL SANITARY PROVISIONS
Pt 4 Div. 1
repealed.7
*
*
*
*
*
Pt 4 Div. 2
repealed.8
*
*
*
*
*
Pt 4 Div. 3
repealed.9
*
*
*
*
*
Pt 4 Div. 4
(Heading)
amended by
No. 81/1989
s. 3(Sch.
item 21.4).
No. 6024 s. 68.
S. 68
amended by
No. 81/1989
s. 3(Sch.
item 21.5).
No. 6024 s. 69.
Division 4—Offensive waterways etc.10
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.
69. Power to Secretary to require councils to show cause
S. 69(1)
amended by
Nos 10262
s. 4, 81/1989
s. 3(Sch.
item 21.6),
46/1998
s. 7(Sch. 1).
(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.
S. 69(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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—
42
Health Act 1958
Act No. 6270/1958
Part IV—General Sanitary Provisions
s. 70
(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;
S. 69(2)(a)
amended by
Nos 10262
s. 4, 81/1989
s. 3(Sch. item
21.6), 12/1999
s. 4(Sch. 2
item 6.1).
(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.
S. 69(2)(e)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024 s. 70.
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
S. 70
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 70(a)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(b) shall according to its tenor bind all the
councils concerned.
No. 6024 s. 71.
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.
43
S. 71(1)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part IV—General Sanitary Provisions
s. 72
S. 71(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024 s. 72.
(2) The works shall be executed with all reasonable
diligence and to the satisfaction of the Secretary.
72. Waterways etc. not under control of council
S. 72(1)
amended by
Nos 10262
s. 4, 81/1989
s. 3(Sch.
item 21.7),
46/1998
s. 7(Sch. 1).
(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.
S. 72(2)
amended by
No. 81/1989
s. 3(Sch. item
21.7).
(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.
Pt 4 Div. 5
repealed.11
Pt 4 Div. 6
(Heading)
amended by
No. 48/1988
s. 14(a).
Ss 77, 78
repealed by
No. 9244 s. 21.
*
*
*
*
*
Division 6—Protection of Water Supplies
*
*
*
44
*
*
Health Act 1958
Act No. 6270/1958
Part IV—General Sanitary Provisions
s. 79
*
*
*
*
*
*
*
*
*
*
S. 80
amended by
Nos 7849
s. 3(2)(c), 8953
s. 5(3)(a),
substituted by
No. 9244 s. 21,
amended by
Nos 10081
s. 5(1), 10262
s. 4, 48/1988
s. 14(c)(d),
23/1994
s. 118(Sch. 1
item 24.3),
46/1998
s. 7(Sch. 1),
repealed by
No. 46/2003
s. 57.
*
*
*
*
*
No. 6024 s. 81.
S. 79
substituted by
No. 9244 s. 21,
amended by
Nos 10262
s. 4, 48/1988
s. 14(b),
46/1998
s. 7(Sch. 1),
repealed by
No. 46/2003
s. 57.
S. 81
amended by
No. 10262 s. 4,
substituted by
No. 48/1988
s. 15,
amended by
Nos 110/1997
s. 42, 46/1998
s. 7(Sch. 1),
76/1998
s. 23(a),
repealed by
No. 46/2003
s. 57.
45
Health Act 1958
Act No. 6270/1958
Part IV—General Sanitary Provisions
s. 87
S. 82
amended by
Nos 6610
s. 4(a)(b), 7849
s. 3(2)(d)–(f),
8953 s. 5(3)(a),
10081 s. 5(1),
10262 s. 4 (as
amended by
No. 72/1987
s. 18), 41/1987
s. 103(Sch. 4
items 37.1,
37.2), 72/1987
s. 16(Sch. 1
item 12),
81/1989
s. 3(Sch.
items 21.8,
21.9),
repealed by
No. 48/1988
s. 15.
Pt 4 Div. 7
repealed.12
*
*
*
*
*
*
*
*
*
*
*
*
Pt 4 Div. 7A
(Heading)
inserted by
No. 9076
s. 6(c).
Ss 85, 86
repealed.13
No. 6024 s. 87.
Division 7A—Animals
*
*
*
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;
46
Health Act 1958
Act No. 6270/1958
Part IV—General Sanitary Provisions
s. 87
(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.
*
*
*
*
*
Ss 88–91
repealed.14
*
*
*
*
*
Pt 4 Div. 8
repealed.15
_______________
47
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AA
Pt 5 (Heading)
amended by
No. 10158
s. 12(2),
substituted by
No. 48/1988
s. 17(a),
amended by
No. 33/2001
s. 4.
PART V—RADIATION SAFETY AND PEST CONTROL
Pt 5 Div. 1
(ss 94–105)
repealed.16
*
*
*
*
*
Pt 5 Div. 2
(ss 106–108)
repealed.17
*
*
*
*
*
Pt 5 Div. 2AA
(Heading and
ss 108AA–
108AJ)
inserted by
No. 9889
s. 5(1).
S. 108AA
inserted by
No. 9889
s. 5(1).
S. 108AA(2)
amended by
No. 10142 s. 4.
Division 2AA—Radiation Safety
108AA. Regulations under the Act
(1) Subject to sub-section (2) this Division shall bind
the Crown in right of the State of Victoria and, so
far as the legislative power of the Parliament
permits, shall also bind the Crown in all its other
capacities.
(2) Sub-section (1) shall not apply to a specially
authorized officer who operates uses manufactures
stores handles transports sells possesses installs
services maintains repairs disposes of or otherwise
deals with any radio-active substance or radiation
apparatus in the exercise or performance of any
power function or duty conferred or imposed on
him by or under this Act or the Health
Commission Act 1977.
48
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AB
(3) Notwithstanding sub-section (2), a specially
authorized officer exercising or performing any
power function or duty imposed on him by or
under this Act or the Health Commission Act
1977 shall as far as circumstances permit act in
accordance with this Act to maintain radiation
safety standards and procedures.
S. 108AA(3)
amended by
No. 10142 s. 4.
S. 108AB
inserted by
No. 9889
s. 5(1).
108AB. Definitions
In this Division unless inconsistent with the
context or subject-matter—
"ionizing radiation" means electromagnetic or
particulate radiation capable of producing
ions directly or indirectly in passage through
matter but does not include electromagnetic
radiation of a wavelength greater than
100 nanometres;
"ionizing radiation apparatus" means apparatus
capable of producing ionizing radiation when
electrically energized and sealed source
apparatus;
"non-ionizing radiation" means electromagnetic
radiation of a wavelength greater than
100 nanometres and sonic infrasonic or
ultrasonic waves;
S. 108AB def.
of "nonionizing
radiation"
amended by
No. 42/1993
s. 7(a).
"non-ionizing radiation apparatus" means
apparatus capable of producing non-ionizing
radiation but not ionizing radiation
exceeding a prescribed amount;
*
*
*
*
*
"radiation apparatus" means any ionizing or
non-ionizing radiation apparatus;
49
S. 108AB def.
of "owner"
repealed by
No. 42/1993
s. 7(b).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AB
"radiation hazard" means the danger to health
arising from exposure to radiation whether
such danger is due to radiation arising from
sources outside the human body or to
radiation from radio-active substances within
the body;
S. 108AB
def. of
"radio-active
substance"
substituted by
No. 42/1993
s. 7(c).
"radio-active substance" means any natural or
artificial substance whether in solid or liquid
form or in the form of a gas or vapour and
includes any article or compound whether it
has or has not been subject to any artificial
treatment or process—
(a) which emits ionizing radiation
spontaneously with a specific activity
which is equal to or greater than the
prescribed amount and which is not a
prescribed item; or
(b) which emits ionizing radiation
spontaneously with a specific activity
less than the prescribed amount and
which occurs in the prescribed
circumstances;
S. 108AB def.
of "registered
owner"
repealed by
No. 42/1993
s. 7(d).
S. 108AB def.
of "registered
person"
inserted by
No. 42/1993
s. 7(d),
amended by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
"registered person" with respect to an ionizing
radiation apparatus or a non-ionizing
radiation apparatus of a prescribed class
means the person in the name of whom the
Secretary has registered the apparatus or
source under section 108AE(2A) or into
whose name the Secretary has transferred the
registration of the apparatus or source under
section 108AEA;
"registered premises" means premises registered
under this Division;
50
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AC
"sealed radio-active source" means a radioactive substance bonded within metals or
other solid substance or sealed in a capsule
or other container in such a way as to—
(a) minimize the possibility of escape or
dispersion of radio-active substance;
and
(b) allow the emission of ionizing radiation
as required;
"sealed source apparatus" means any gauge,
instrument, equipment or other device in
which is incorporated a sealed radio-active
source but does not include a container used
solely for storage or transport purposes;
"specially authorized officer" means an
authorized officer specially authorized by the
Secretary for the purposes of this Division;
S. 108AB def.
of "specially
authorized
officer"
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
"unsealed radio-active source" means a radioactive substance that is not a sealed radioactive source.
108AC. Registration of radiation apparatus
A person shall not use—
S. 108AC
inserted by
No. 9889
s. 5(1).
(a) an ionizing radiation apparatus; or
(b) a non-ionizing radiation apparatus of a
prescribed class—
unless the apparatus is registered or exempted
from registration under this Act.
108AD. Registration of sealed radio-active sources
A person shall not possess use or handle a sealed
radio-active source unless the source is registered
or exempted from registration under this Act.
51
S. 108AD
inserted by
No. 9889
s. 5(1).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AE
S. 108AE
inserted by
No. 9889
s. 5(1).
108AE. Registration of radiation apparatus and sealed
sources
S. 108AE(1)
amended by
Nos 10262
s. 4, 48/1988
s. 17(c) (as
amended by
No. 1/1989
s. 3(a)),
substituted by
No. 42/1993
s. 8(1),
amended by
No. 46/1998
s. 7(Sch. 1).
(1) A person may apply to the Secretary for
registration of—
S. 108AE(2)
amended by
Nos 10262
s. 4, 48/1988
s. 17(d),
46/1998
s. 7(Sch. 1).
(2) The Secretary may register the apparatus or source
and at any time before or during the period of
registration impose conditions on the registration.
S. 108AE(2A)
inserted by
No. 42/1993
s. 8(2),
amended by
No. 46/1998
s. 7(Sch. 1).
S. 108AE(3)
amended by
No. 42/1993
s. 8(3).
S. 108AE(3)(a)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(a) an ionizing radiation apparatus; or
(b) a non-ionizing radiation apparatus of a
prescribed class; or
(c) a sealed radio-active source.
(2A) When the Secretary registers an apparatus or
source, he or she must register it in the name of
the applicant for registration.
(3) A registration under this section shall be subject to
the conditions that the registered person—
(a) unless exempted by the Secretary, has
appointed a Radiation Safety Officer
approved by the Secretary to supervise all
radiation safety practices in respect of the
registered apparatus or source;
52
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AE
(b) keeps or causes to be kept the prescribed
records in respect of the registered apparatus
or source and makes those records available
at the request of the Secretary or an
authorized officer of the Department;
S. 108AE(3)(b)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(c) has the registered apparatus or equipment
incorporating a radio-active source tested by
a specially authorized officer or a person
licensed to do so at such times or intervals as
the Secretary from time to time directs; and
S. 108AE(3)(c)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(d) displays a certificate on or near the apparatus
or source to which it relates signed by a
specially authorized officer or a person
licensed to test radiation apparatus that the
apparatus or source has been tested as
directed by the Secretary and complies with
the regulations.
S. 108AE(3)(d)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(4) The Secretary shall not register any radiation
apparatus or sealed radio-active source unless the
Secretary is satisfied that—
S. 108AE(4)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(a) in the case of apparatus, it is constructed
shielded and installed in accordance with the
regulations;
(b) in the case of a source, it is constructed
sealed contained and its exposure controlled
in accordance with the regulations;
(c) the proposed use is an appropriate use of a
radio-active substance or radiation apparatus.
(d) the apparatus or source is unlikely to result
in excessive or unnecessary radiation
exposure to any person and, in the case of an
apparatus or source to be used in the
diagnosis or therapy of human beings, the
apparatus or source is unlikely to result in
excessive or unnecessary doses of radiation
53
S. 108AE(4)(d)
amended by
No. 42/1993
s. 8(4).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AEA
to the person undergoing the diagnosis or
therapy; and
(e) the apparatus or source is provided with
appropriate safety equipment and devices to
maintain radiation safety.
S. 108AE(5)
amended by
Nos 10179
s. 4(a), 10262
s. 4,
repealed by
No. 42/1993
s. 8(5).
*
*
*
*
*
S. 108AE(5A)
inserted by
No. 48/1988
s. 18,
amended by
Nos 42/1993
s. 8(6)(a)(b),
46/1998
s. 7(Sch. 1).
(5A) Despite sub-sections (3) and (4), the Secretary
may register any radiation apparatus or sealed
radio-active source temporarily on any condition
including a condition that any requirement of subsection (4) is complied with.
S. 108AE(6)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(6) A registration under this section shall, unless
sooner cancelled or suspended by the Secretary,
continue in force for such period as is specified by
the Secretary in respect of that registration.
S. 108AE
(7)–(15)
repealed.18
S. 108AEA
inserted by
No. 48/1988
s. 19,
substituted by
No. 42/1993
s. 9,
amended by
No. 84/1993
s. 4(1).
S. 108AEA(1)
amended by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
108AEA. Transfer of registration
(1) The Secretary may transfer the name in which an
apparatus or source is registered to another person
during the currency of the registration of the
apparatus or source, if the first registered person
has applied to the Secretary for the transfer of that
name.
54
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AF
(2) The transfer of the name in which an apparatus or
source is registered is subject to any conditions
that the Secretary thinks fit.
108AF. Licences for radiation apparatus and radio-active
substances
(1) A person must not operate, use, manufacture,
store, transport, sell, possess, install, service,
maintain, repair, test, dispose of or otherwise deal
with an ionizing radiation apparatus or nonionizing radiation apparatus of a prescribed class
or radio-active substance unless the person is the
holder of a licence issued under this Part, or is
exempt from the requirement to hold a licence
under this Part.
*
*
*
*
*
S. 108AEA(2)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 108AF
inserted by
No. 9889
s. 5(1).
S. 108AF(1)
amended by
No. 10142
s. 6(a)(b),
substituted by
No. 42/1993
s. 10(1),
amended by
No. 84/1993
s. 4(2)(a).
S. 108AF(1A)
inserted by
No. 76/1990
s. 3,
repealed by
No. 74/2000
s. 3(Sch. 1
item 59.3).
(1A) In any prosecution for an offence under subsection (1) it is a defence if the act which is the
subject of the prosecution was done by a person as
agent for another person and the agent reasonably
believed the principal was the holder of a licence.
New s. 108AF
(1A)
inserted by
No. 42/1993
s. 10(1).
(1B) The holder of a licence under this Part must
comply with any conditions or restrictions on the
licence.
S. 108AF(1B)
inserted by
No. 42/1993
s. 10(1).
(1C) A person acting under an exemption from the
requirement to hold a licence under this Part must
comply with any conditions or restrictions on the
exemption.
S. 108AF(1C)
inserted by
No. 42/1993
s. 10(1).
55
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AF
S. 108AF(1D)
inserted by
No. 42/1993
s. 10(1),
amended by
No. 46/1998
s. 7(Sch. 1).
S. 108AF(1E)
inserted by
No. 42/1993
s. 10(1).
(1D) An application for a licence issued under this Part
must be made to the Secretary.
(1E) A person who is registered under section 108AL
to practise in radiography or nuclear medicine
technology is exempt from the requirement to
obtain a licence under this Part.
S. 108AF(2)
amended by
No. 10262 s. 4,
substituted by
No. 42/1993
s. 10(2),
amended by
No. 46/1998
s. 7(Sch. 1).
(2) The Secretary may issue a licence and may
impose conditions, limitations or restrictions on
that licence.
S. 108AF(2A)
inserted by
No. 42/1993
s. 10(2),
amended by
Nos 84/1993
s. 4(2)(b),
46/1998
s. 7(Sch. 1).
(2A) A licence issued by the Secretary may authorise
the holder to do all or any of the following: to
operate, use, manufacture, store, transport, sell,
possess, install, service, maintain, repair, dispose
of, test or otherwise deal with any ionizing
radiation apparatus or non-ionizing radiation
apparatus of a prescribed class or radio-active
substance.
S. 108AF(3)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(3) Without limiting the generality of sub-section (2)
the Secretary may make conditions with respect to
any matters relating to radiation safety
including—
(a) the purpose for which a licence may be
issued;
(b) the safety precautions and procedures to be
taken or followed by the person holding the
licence;
(c) the supervision of the licence holder by a
Radiation Safety Officer appointed in respect
of the registration of the apparatus or source;
56
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AF
(d) in the case of an unsealed radio-active
source—
(i) the appointment of a Radiation Safety
Officer approved by the Secretary;
S. 108AF
(3)(d)(i)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(ii) appropriate methods of disposal;
(e) requiring or controlling the use of nuclear
medicine or radiological equipment which is
ancillary to the apparatus or radio-active
substance.
(4) The Secretary may, in the case of a licence to
operate or use radiation apparatus or radio-active
substances in the diagnosis or therapy of human
beings, issue a licence which restricts the range or
type of procedures which may be performed under
the licence according to the training qualifications
or experience of the applicant.
*
*
*
*
*
S. 108AF(4)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 108AF(5)
amended by
No. 10262 s. 4,
repealed by
No. 42/1993
s. 10(3).
(6) A licence issued under this section shall, unless
sooner cancelled or suspended by the Secretary,
continue in force for the period, not exceeding
three years from the date of its issue, determined
by the Secretary.
S. 108AF(6)
amended by
Nos 10262
s. 4, 42/1993
s. 10(4),
46/1998
s. 7(Sch. 1).
(7) The Secretary may refuse to issue a licence where
the Secretary—
S. 108AF(7)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(a) considers it necessary to do so in the
interests of public safety;
(b) in the case of a licence to use radiation
apparatus or a radio-active substance,
57
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AG
considers that the proposed use of radiation
is inappropriate or unnecessary; or
(c) is not satisfied that the applicant—
(i) is a fit and proper person to hold such a
licence;
(ii) has the appropriate training
qualifications and experience to
undertake the proposed procedures
under the licence;
(iii) has the training qualifications and
experience to carry out the proposed
procedures under the licence in such a
way that the health of any person will
not be endangered;
(iv) has appropriate safety equipment and
shielding devices to maintain radiation
safety.
S. 108AG
inserted by
No. 9889
s. 5(1).
S. 108AG(1)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
108AG. Suspension or cancellation of licence or registration
(1) Subject to this section, the Secretary may vary
suspend or cancel a licence or the registration of
an apparatus or source if the Secretary is
satisfied—
(a) that the licence or registration was obtained
improperly;
S. 108AG(1)(b)
amended by
No. 42/1993
s. 11(1).
(b) that the holder of the licence or registered
person has contravened, or failed to comply
with, a condition of the licence or
registration;
S. 108AG(1)(c)
amended by
No. 42/1993
s. 11(1).
(c) that the holder of the licence or registered
person has been convicted of an offence
against this Division;
58
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AG
(d) that, in the case of a licence, the holder of the
licence has ceased to hold a qualification
upon the basis of which the Secretary
granted the licence;
S. 108AG(1)(d)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(e) that, in the case of a registered apparatus or
source—
(i) it does not comply with the regulations;
or
(ii) there is no certificate required under
section 108AE currently in force in
respect of the apparatus or source;
(f) that there is a significant risk that the health
of any person is or may be endangered; or
(g) that the holder of the licence or registered
person has failed to maintain a satisfactory
standard of radiation safety.
(2) Subject to sub-section (3) the Secretary shall not
cancel or suspend a licence or registration under
sub-section (1) unless—
S. 108AG(1)(g)
amended by
No. 42/1993
s. 11(1).
S. 108AG(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(a) the Secretary has sent to the holder of the
licence or the registered person by post,
notice in writing of the intention to cancel or
suspend that licence or registration and the
grounds upon which the intention is based;
and
S. 108AG(2)(a)
amended by
Nos 10262
s. 4, 42/1993
s. 11(2),
46/1998
s. 7(Sch. 1).
(b) the Secretary has held an inquiry into the
matter and afforded the person a reasonable
opportunity to give an explanation personally
or in writing.
S. 108AG(2)(b)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(3) The Secretary may, where the Secretary is
satisfied that there is a significant risk to health
suspend a licence or registration for a period not
exceeding one week without complying with the
provisions of sub-section (2).
59
S. 108AG(3)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AH
(4) A licence or registration—
(a) cancelled under this section shall cease to be
of any force or effect; or
(b) suspended under this section shall be of no
force or effect for the period of the
suspension.
S. 108AG(5)
inserted by
No. 42/1993
s. 11(3),
amended by
No. 46/1998
s. 7(Sch. 1).
S. 108AH
inserted by
No. 9889
s. 5(1).
(5) A person may surrender a licence by notice in
writing given to the Secretary.
108AH. Appeals
S. 108AH(1)
amended by
Nos 10142
s. 7, 10262
s. 4, 19/1989
s. 16(Sch.
item 25.1),
46/1998
s. 7(Sch. 1).
(1) A person who feels aggrieved by a decision of the
Secretary varying cancelling or suspending or
imposing conditions on the person's licence or
registration or imposing conditions on the person's
approval for registration under this Division may
appeal to the County Court within three months
after receiving notification of the variation
cancellation suspension or condition.
S. 108AH(2)
substituted by
No. 19/1989
s. 16(Sch.
item 25.2).
(2) The decision of the County Court on an appeal
under sub-section (1) is final and without appeal.
S. 108AI
inserted by
No. 9889
s. 5(1),
amended by
No. 10158
s. 4(Sch.
item 7).
108AI. Offences
Any person who contravenes or fails to comply
with any provision of this Division or of any
condition restriction or limitation of any licence
registration or exemption under this Division shall
be guilty of an offence and liable to a penalty of
not more than 100 penalty units.
60
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AJ
108AJ. Regulations
(1) The Governor in Council may, subject to the
regulations being disallowed by Parliament, make
regulations for or with respect to—
S. 108AJ
inserted by
No. 9889
s. 5(1).
(a) prescribing conditions either generally or in
a particular case or class of cases, under
which a licence or registration may be issued
made renewed or varied or remain in force;
(b) inspecting any place or premises keeping or
suspected of keeping any radiation apparatus
or radio-active substance, testing any
apparatus or substance found in that place
and removing any substance for analysis and
examination;
(c) authorizing the Secretary to direct that any
person or class of persons who in the opinion
of the Secretary is or is likely to be exposed
to a radiation hazard or to a radio-active
substance in the course of employment shall,
prior to commencing employment, at any
time or times or at such intervals of time
during employment as required by the
Secretary and on termination of employment,
be medically examined to determine the
effect, if any, of the exposure to such hazard
or substance;
S. 108AJ(1)(c)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(d) authorizing the Secretary to determine the
type and frequency of medical examinations
to be held in examining persons exposed to
or likely to be exposed to a radiation hazard
or to a radio-active substance requiring the
keeping of records and providing for access
by the Secretary to the records of the results
of such examinations;
S. 108AJ(1)(d)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
61
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AJ
S. 108AJ
(1)(da)
inserted by
No. 10179
s. 5(1)(a).
(da) providing who shall bear the expenses
incurred for medical examinations or any
other matter required to be done under this
Act and imposing a liability on the person
required to pay those expenses;
S. 108AJ(1)(e)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(e) authorizing the Secretary to exempt from any
or all of the provisions of this Division or
any regulations made under this Division any
radio-active substance or radiation apparatus
which the Secretary considers to be without
significant radiation hazard, to determine the
manner of labelling of any substance or
apparatus to indicate such exemption and to
impose conditions on the exemption;
S. 108AJ(1)(f)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(f) authorizing the Secretary to exempt from
medical examination any person or class of
persons who may otherwise be required
pursuant to this Division or any regulations
made under this Division to undergo such
examination;
S. 108AJ(1)(g)
amended by
No. 10158
s. 4(Sch.
item 8).
(g) imposing a penalty of not more than
100 penalty units for the contravention of or
failure to comply with the provisions of any
regulation made pursuant to the provisions of
this Division relating to any radio-active
substance or radiation apparatus;
(h) generally safeguarding the public or any
section of the public from any effects caused
by or relating to any radio-active substance
or radiation apparatus;
(i) requiring the registration of premises in
which any radiation apparatus or radio-active
substance is used handled or stored;
(j) the cleanliness of registered premises;
62
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AJ
(k) requiring special facilities equipment and
radiation safety precautions in respect of
registered premises;
(l) minimum standards in respect of structure,
floor area and ventilation of registered
premises;
(m) the inspection of registered premises;
(n) generally, safeguarding the health of
customers patients and persons employed in
registered premises and members of the
public;
(na) exempting or authorizing the Secretary to
exempt, any person or class of persons from
the requirement to have a licence under this
Division and imposing or authorizing the
Secretary to impose conditions in relation to
such an exemption;
(o) exempting a person from the requirement to
have a licence to sell radiation apparatus or
radio-active substances in any case where
that person is not selling or disposing of the
apparatus or substance in the course of trade
or business and notifies the Secretary of the
sale or disposal;
(p) providing for the issue of licences which
may be general or limited in application
according to the training qualifications or
experience of the applicant;
(q) requiring records to be kept by licence
holders or registered owners;
(r) prescribing the forms or nature of and the
manner in which records are to be kept by
licence holders or registered owners;
(s) prescribing fees for the purposes of this
Division;
63
S. 108AJ
(1)(na)
inserted by
No. 10142
s. 8(a),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 108AJ(1)(o)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AJ
(t) requiring periodic safety assessments of
radiation apparatus or equipment containing
radio-active substances to be made;
S. 108AJ(1)(u)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(u) exempting or authorizing the Secretary to
exempt any radio-active substance or
radiation apparatus from all or any of the
provisions of this Division and imposing
conditions on the exemption;
(v) prohibiting or regulating the disposal of
radio-active substances;
(w) prescribing the qualifications and duties of
Radiation Safety Officers;
(x) prohibiting or regulating the use of nuclear
medicine radiological or other equipment
which is ancillary to registered radiation
apparatus or a radio-active substance;
(y) requiring personal monitoring of any person
likely to be exposed to radiation;
(z) prescribing action to be taken in
circumstances where any person has been
subject to an excessive dose of radiation, or
there has been accidental leakage or spillage
of radiation or other emergency;
S. 108AJ
(1)(za)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(za) giving the Secretary access to records
relating to personal monitoring or exposure
to radiation;
S. 108AJ(1)
(zaa)
inserted by
No. 10142
s. 8(b),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(zaa) regulating the surrender or delivery to the
Secretary of any radiation apparatus or radioactive substance;
64
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AJ
(zab) authorizing an officer of the Department to
receive any radiation apparatus or radioactive substance surrendered or delivered to
the Secretary;
(zb) authorizing an officer of the Department
to—
(i) seize any radio-active substance; or
(ii) seize or render incapable of operation
any radiation apparatus—
S. 108AJ(1)
(zab)
inserted by
No. 10142
s. 8(b),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 108AJ(1)
(zb)
substituted by
No. 10179
s. 5(1)(b),
amended by
No. 10262 s. 4.
which is not registered as required by this
Division or where in the opinion of the
officer there is a risk of danger to public
health or safety;
(zc) prescribing methods of transport storage and
disposal of radiation apparatus or radioactive substances;
(zd) any matters required or permitted by this
Division to be prescribed; and
(ze) generally, any matters or things necessary or
expedient to be prescribed for carrying out or
giving effect to this Division.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may confer discretion or powers or impose
duties on the Secretary; and
65
S. 108AJ(2)
repealed by
No. 10179
s. 5(2), new
s. 108AJ(2)
inserted by
No. 42/1993
s. 12.
S. 108AJ(2)(c)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AK
(d) may leave anything to the approval or
satisfaction of a specified person.
S. 108AK
inserted by
No. 9889 s. 6
(as amended
by No. 10087
s. 3(1)(Sch. 1
item 106).
108AK. Radiation Advisory Committee
(1) There shall be a Radiation Advisory Committee
appointed by the Minister consisting of not less
than five persons.
(2) A member shall hold office for such period not
exceeding three years as is specified in the
instrument of his appointment but shall be eligible
for re-appointment.
(3) The Minister may at any time remove an
appointed member from office.
(4) Subject to this Act the Committee may regulate its
own proceedings.
S. 108AK(5)
amended by
No. 76/1990
s. 4.
(5) Members of the Committee and persons co-opted
under sub-section (7) shall be entitled to receive
such fees and allowances as are fixed from time to
time by the Governor in Council.
S. 108AK(6)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(6) The Committee shall advise the Minister or the
Secretary on any matters relating to the
administration of this Division referred to it by the
Minister or the Secretary including the
following—
(a) the promotion of radiation safety procedures
and practices;
(b) recommending the criteria for the licensing
of persons and the qualifications, training or
experience required for licensing under this
Division;
(c) recommending the criteria for the
registration of radiation apparatus and sealed
radio-active sources under this Division;
66
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AK
(d) recommending the nature, extent and
frequency of periodic safety assessments of
radiation apparatus and sealed radio-active
sources registered under this Division;
(e) codes of practice with respect to particular
radio-active substances and uses of ionizing
and non-ionizing radiations; and
(f) any matter which the Minister agrees the
Committee should consider and report on.
(7) The Committee may, with the consent of the
Minister, co-opt a person to assist with the work
of the Committee or a sub-committee.
(8) Where a sub-committee or Committee is
considering any matters with respect to a licence
or registration under this Act the Committee or
sub-committee shall consist of at least three
members including a person with qualifications or
experience relevant to the subject-matter of the
licence or registration under consideration.
(9) In carrying out its functions under this Division
the Committee may consult with or consider
submissions from any persons or body.
(10) Not later than the first day of November in each
year the Committee shall make a report to the
Minister on its activities during the year.
(11) The Minister shall cause every report under subsection (10) to be laid before each House of
Parliament as soon as practicable after it is
received.
67
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AL
S. 108AL
inserted by
No. 9889 s. 6
(as amended
by No. 10087
s. 3(1)(Sch. 1
item 106).
S. 108AL(1)
substituted by
No. 76/1990
s. 5(1)(a).
108AL. Medical Radiation Technologists Board
(1) There shall be a Board called the Medical
Radiation Technologists Board of Victoria19.
(2) The Board shall consist of not more than six
members appointed by the Governor in Council of
whom—
S. 108AL(2)(a)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(a) one shall have such training and experience
in radiography as is approved by the
Secretary;
S. 108AL(2)(b)
amended by
Nos 10262
s. 4, 76/1990
s. 5(1)(b),
46/1998
s. 7(Sch. 1).
(b) one shall have such training and experience
in nuclear medicine technology as is
approved by the Secretary;
S. 108AL(2)(c)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.4).
(c) one shall be a registered medical
practitioner; and
S. 108AL(2)(d)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(d) one shall be nominated by the Secretary.
S. 108AL(2A)
inserted by
No. 76/1990
s. 5(2).
(2A) The Board may register persons to practice in
radiography or nuclear medicine technology as
medical imaging technologists, radiation therapy
technologists or nuclear medicine technologists.
68
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AL
(2B) Each member of the Board is entitled to receive
such fees and allowances as are fixed from time to
time by the Governor in Council.
(3) The Governor in Council may make regulations
for or with respect to—
S. 108AL(2B)
inserted by
No. 76/1990
s. 5(2).
S. 108AL(3)
amended by
No. 10179
s. 6(a).
(a) the training examination and registration of
medical imaging technologists, radiation
therapy technologists and nuclear medicine
technologists;
S. 108AL(3)(a)
amended by
No. 76/1990
s. 6(a).
(b) the functions of the Medical Radiation
Technologists Board;
S. 108AL(3)(b)
amended by
No. 10179
s. 6(a),
substituted by
No. 76/1990
s. 6(b).
(c) defining the practice of radiography and
nuclear medicine technology;
S. 108AL(3)(c)
amended by
No. 10179
s. 6(a),
substituted by
No. 76/1990
s. 6(c).
(d) the registration and renewal of registration of
medical imaging technologists, radiation
therapy technologists and nuclear medicine
technologists and the keeping of a register;
S. 108AL(3)(d)
substituted by
No. 10179
s. 6(b),
amended by
No. 76/1990
s. 6(d).
(da) the granting of provisional registration
subject to conditions, limitations or
restrictions;
(e) providing for the appointment by the
Minister of one of the members of the Board
as Chairman and the terms and conditions of
appointment of members of the Board,
regulating the procedures of the Board, or
69
S. 108AL(3)
(da)
inserted by
No. 76/1990
s. 6(e).
S. 108AL(3)(e)
substituted by
No. 10179
s. 6(b).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108AL
allowing the Board to determine its own
procedures;
S. 108AL(3)(f)
substituted by
No. 23/1994
s. 115(1).
(f) providing for the Board to hold inquiries into
the conduct or capacity to practise of persons
registered by the Board and to enable the
Board to impose conditions, limitations or
restrictions on registration or cancel or
suspend registration as a result of an inquiry
and to suspend registration pending the
holding of an inquiry;
(g) fees for the purposes of this section;
S. 108AL(3)(h)
substituted by
No. 10179
s. 6(c),
amended by
No. 19/1989
s. 16(Sch.
item 25.3).
S. 108AL(3)(i)
inserted by
No. 10179
s. 6(c),
substituted by
No. 76/1990
s. 6(g).
(h) providing for appeals to the County Court
against a refusal of registration or the
cancellation or suspension of registration;
(i) prohibiting a person not registered by the
Board from practising as a medical imaging
technologist, a radiation therapy technologist
or a nuclear medicine technologist or from
using (either alone or in combination with
any other word) the name or title of medical
imaging technologist, radiation therapy
technologist, nuclear medicine technologist,
radiographer, medical diagnostic
radiographer or medical therapy
radiographer or any other name, title or
description implying that the person is
registered by the Board or qualified to
practise in radiography or nuclear medicine
technology and generally regulating the
practice of persons in connection with the
practice of radiography or nuclear medicine
technology;
70
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108A
(ia) empowering the Board to impose fines of not
more than $2000 for any contravention of the
regulations and to impose conditions on
registration or both; and
S. 108AL(3)(ia)
inserted by
No. 76/1990
s. 6(g).
(j) generally any matter or thing necessary or
convenient to be prescribed for carrying this
section into effect.
S. 108AL(3)(j)
inserted by
No. 10179
s. 6(c).
Division 2A—Pest Control Operators
108A. Definitions
In this Division unless inconsistent with the
context or subject-matter—
Pt 5 Div. 2A
(Heading and
ss 108A–
108H)
inserted by
No. 7909
s. 5(1).
S. 108A
inserted by
No. 7909
s. 5(1).
"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;
S. 108A def. of
"licence"
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
"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;
71
S. 108A def. of
"pest animal"
inserted by
No. 52/1994
s. 97(Sch. 3
item 14.2).
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108C
S. 108A def. of
"pesticide"
amended by
Nos 9902
s. 2(1)(Sch.
item 107),
33/2001 s. 5.
"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;
S. 108A def. of
"pests"
amended by
No. 52/1994
s. 97(Sch. 3
item 14.3).
"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;
S. 108A def. of
"vermin"
repealed by
No. 52/1994
s. 97(Sch. 3
item 14.4).
*
*
*
*
*
S. 108B
inserted by
No. 7909
s. 5(1),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
repealed by
No. 33/2001
s. 6.
*
*
*
*
*
S. 108C
inserted by
No. 7909
s. 5(1).
S. 108C(1)
substituted by
No. 33/2001
s. 7(1).
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
72
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108C
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) Sub-section (1) does not apply if the use of the
pesticide is for the purposes of—
(a) horticulture; or
S. 108C(1A)
inserted by
No. 33/2001
s. 7(2).
(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 sub-section (1) unless—
(a) he or she has paid the prescribed licence fee
(if any); and
S. 108C(2)(a)
amended by
No. 33/2001
s. 8(1)(a)(i)(ii).
(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
S. 108C(2)(b)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
33/2001
s. 8(1)(b),
11/2002
s. 3(Sch. 1
item 31.1).
(c) he or she is a natural person.
S. 108C(2)(c)
inserted by
No. 33/2001
s. 8(1)(c).
73
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108C
S. 108C(2A)
inserted by
No. 33/2001
s. 8(2).
(2A) Despite sub-section (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.
S. 108C(2B)
inserted by
No. 33/2001
s. 8(2).
S. 108C(3)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
substituted by
No. 33/2001
s. 8(3).
(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 sub-section (2A)) as an
authorized user of those pesticides or
classes of pesticides; and
74
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108E
(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
S. 108C(4)
substituted by
No. 33/2001
s. 9.
(b) in any other case, 3 years after the date on
which it is granted.
(5) Despite sub-section (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 sub-section (4)(b) had not
been enacted.
*
*
*
*
*
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.
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.
75
S. 108C(5)
inserted by
No. 33/2001
s. 9.
S. 108D
inserted by
No. 7909
s. 5(1),
repealed by
No. 33/2001
s. 10.
S. 108E
inserted by
No. 7909
s. 5(1),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 108F
inserted by
No. 7909
s. 5(1),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
12/1999
s. 4(Sch. 2
item 6.2),
substituted by
No. 33/2001
s. 11.
Health Act 1958
Act No. 6270/1958
Part V—Radiation Safety and Pest Control
s. 108H
(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.
S. 108G
inserted by
No. 7909
s. 5(1),
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
repealed by
No. 33/2001
s. 12.
S. 108H
inserted by
No. 7909
s. 5(1).
Pt 5 Div. 3
(Heading and
ss 109–117)
amended by
No. 10262 s. 4,
repealed by
No. 48/1988
s. 17(e).
*
*
*
*
*
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.
*
*
*
_______________
76
*
*
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 118
PART VI—MANAGEMENT AND CONTROL OF
INFECTIOUS DISEASES
No. 6024
ss 118–142.
Division 1—Preliminary
Pt 6 Div. 1
(Heading)
inserted by
No. 48/1988
s. 20(1).
Pt 6
(Heading and
ss 118–142)
amended by
Nos 6878 s. 3,
7490 s. 6, 7685
s. 7(b), 8906
s. 2(g), 9023
s. 40(Sch. 1
Pt A items 7(7)
(a)–(f)), 9076
s. 7(1)(a), 9244
ss 30–32,
9782 s. 3(c),
10158
ss 14(a)(b),
15(a)(b),
16(a)(b), 10192
s. 4, 10262
ss 4, 12(e),
16/1986 s. 30,
124/1986 s. 71,
72/1987 ss 6,
7, 16(Sch. 1
items 18–21),
97/1987
s. 181(6)(f)(g),
substituted as
Pt 6
(Headings
and ss 118–
137) by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
ss 4–8(1), 9).
S. 118
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 4).
118. Definitions
In this Part—
77
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 119
S. 118 def. of
"care-giver or
custodian"
inserted by
No. 59/1991
s. 7,
amended by
No. 23/1994
s. 118(Sch. 1
item 24.5).
"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.
S. 119
substituted by
No. 48/1988
s. 20(1).
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;
78
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 120
(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
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.
79
Pt 6 Div. 2
(Heading)
inserted by
No. 48/1988
s. 20(1).
S. 120
substituted by
No. 48/1988
s. 20(1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 120A
Pt 6 Div. 2A
(Heading and
ss 120A–
120D)
inserted by
No. 59/1991
s. 8.
S. 120A
inserted by
No. 59/1991
s. 8.
S. 120A(1)
amended by
No. 46/1998
s. 7(Sch. 1)
S. 120A(1)(b)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.6).
Division 2A—Examining and testing after incidents
involving care-givers or custodians
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
(ii) has refused to be tested for the disease;
and
80
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 120A
(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 sub-section (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
sub-section (1)(b);
(e) require the person named in the Order to 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.
(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.
81
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 120B
S. 120B
inserted by
No. 59/1991
s. 8.
S. 120B(1)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 120B(1)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
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
S. 120B(1)(c)
amended by
No. 46/1998
s. 7(Sch. 1).
(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
S. 120B(1)(d)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 120C
inserted by
No. 59/1991
s. 8.
S. 120C(1)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.7).
120C. Tests and test results
(1) No action lies against a pathologist or registered
medical practitioner who conducts a test
authorised under this Division.
82
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 120D
(2) Section 137 applies to a test conducted by a
pathologist or registered medical practitioner
under an Order or authorisation under this
Division.
S. 120C(2)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.7).
(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.
S. 120C(3)
amended by
Nos 23/1994
s. 118(Sch. 1
item 24.7),
46/1998
s. 7(Sch. 1).
(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.
S. 120C(4)
amended by
No. 46/1998
s. 7(Sch. 1).
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 sub-section: 50 penalty
units.
83
S. 120D
inserted by
No. 59/1991
s. 8.
S. 120D(1)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 121
Pt 6 Div. 3
(Heading)
inserted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 5).
S. 121
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 5).
S. 121(1)
amended by
No. 46/1998
s. 7(Sch. 1).
Division 3—Examining, Testing, Counselling, Restriction
and Isolation 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—
S. 121(1)(d)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
84
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 121
(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
S. 121(2)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 121(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(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 sub-section (3) applies but—
(a) the Secretary considers that an order referred
to in sub-section (3) is inappropriate, having
regard to the nature of the infectious disease;
or
85
S. 121(4)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 121(4)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 121
(b) the person who is the subject of the order
fails to comply with the restrictions imposed
by an order under that sub-section—
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.
S. 121(5)
amended by
No. 46/1998
s. 7(Sch. 1).
(5) If an order is made under sub-section (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.
S. 121(7)
amended by
No. 46/1998
s. 7(Sch. 1).
(7) The Secretary may make an order subject to
conditions and may vary or revoke the order.
S. 121(8)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
86
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 121
(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.
S. 121(11)
amended by
No. 46/1998
s. 7(Sch. 1).
(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 sub-section (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 sub-section (11) is not
liable to any civil or criminal action for so acting,
whether or not there was any defect in the
authorisation.
87
S. 121(15)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 122
S. 122
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 5).
S. 122(1)
amended by
No. 46/1998
s. 7(Sch. 1).
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.
S. 122(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 122(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(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;
88
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 123
(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.
S. 122(7)
amended by
No. 46/1998
s. 7(Sch. 1).
(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 sub-section (1) for a review of the
order.
S. 122(8)
amended by
No. 46/1998
s. 7(Sch. 1).
Division 4—Emergency Powers
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
89
Pt 6 Div. 4
(Heading)
inserted by
No. 48/1988
s. 20(1).
S. 123
substituted by
No. 48/1988
s. 20(1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 124
(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.
S. 124
substituted by
No. 48/1988
s. 20(1).
S. 124(1)
amended by
No. 46/1998
s. 7(Sch. 1).
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
90
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 125
(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 sub-section (1), he or she must take all
reasonable steps to immediately notify the owner
and occupier of that seizure.
S. 124(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
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.
S. 125
substituted by
No. 48/1988
s. 20(1).
(2) An application for compensation must be made to
the Secretary in the prescribed form.
S. 125(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(3) The Secretary must determine the amount of
compensation.
S. 125(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(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
91
S. 125(4)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 126
(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 sub-section (4))
payable in respect of a seizure is that amount
which represents the loss suffered by the person as
the result of the seizure.
S. 125(6)
substituted by
No. 52/1998
s. 311(Sch. 1
item 35.2),
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 125(7)
inserted by
No. 52/1998
s. 311(Sch. 1
item 35.2).
(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.
Pt 6 Div. 5
(Heading)
inserted by
No. 48/1988
s. 20(1).
S. 126
substituted by
No. 48/1988
s. 20(1).
S. 126(1)
amended by
Nos 23/1994
s. 118(Sch. 1
item 24.8),
46/1998
s. 7(Sch. 1).
Division 5—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—
92
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 127
(a) the Secretary reasonably believes that an
infectious disease caused or contributed to
the person's death; and
S. 126(1)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 126(2)
amended by
Nos 23/1994
s. 118(Sch. 1
item 24.8),
46/1998
s. 7(Sch. 1).
(3) A person who has possession of a body must
comply with an order of the Secretary under this
section.
S. 126(3)
amended by
No. 46/1998
s. 7(Sch. 1).
Penalty applying to this sub-section: 2 penalty
units.
Division 6—Special Provisions Relating to the Human
Immuno-deficiency Virus
Pt 6 Div. 6
(Heading)
inserted by
No. 48/1988
s. 20(1).
127. Information to be given to a person requesting a test
for HIV
S. 127
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 6).
(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.
93
S. 127(1)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.9).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 128
S. 127(1A)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.9).
(1A) Sub-section (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—
S. 127(2)(a)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.9).
(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
S. 127(2)(b)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.9).
(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.
S. 128
substituted by
No. 48/1988
s. 20(1).
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.
S. 129
substituted by
No. 48/1988
s. 20(1).
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
94
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 130
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 sub-section: 50 penalty
units.
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—
95
S. 130
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 7(a)(b)).
S. 130(1)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 130
(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;
S. 130(2)(c)
substituted by
No. 21/1995
s. 20(a).
S. 130(2)(d)(e)
repealed by
No. 21/1995
s. 20(a).
(c) any information relating to each newly
diagnosed person required by the
regulations.
*
*
*
*
*
Penalty: 10 penalty units.
S. 130(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(3) The person in charge of a prescribed place must
send a copy of the record required to be kept
under sub-section (2) to the Secretary at the end of
each prescribed period.
Penalty: 10 penalty units.
S. 130(4)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.10).
(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 sub-section (2).
Penalty: 10 penalty units.
Ss 130(5)–(7)
repealed.20
S. 130(8)
inserted by
No. 84/1993
s. 5,
substituted by
No. 21/1995
s. 20(c),
amended by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
(8) The Secretary may give a copy of any document
given to him or her under sub-section (3) to any
prescribed person, organisation or body engaged
in research.
96
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 131
Division 7—Blood and Tissue Donations
131. Definitions
In this Division—
Pt 6 Div. 7
(Heading)
inserted by
No. 48/1988
s. 20(1).
S. 131
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 8(1)(2) (as
amended by
No. 42/1993
s. 68)).
"approved" means approved by the Secretary;
S. 131 def. of
"approved"
amended by
No. 46/1998
s. 7(Sch. 1).
''child" of a deceased person means a child of the
person or of the person's spouse or domestic
partner;
S. 131
def. of "child"
inserted by
No. 27/2001
s. 6(Sch. 4
item 3.2).
"dependant" of a deceased person means—
S. 131
def. of
"dependant"
inserted by
No. 27/2001
s. 6(Sch. 4
item 3.2).
(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;
"domestic partner" of a person means 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);
97
S. 131
def. of
"domestic
partner"
inserted by
No. 27/2001
s. 6(Sch. 4
item 3.2).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 132
"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;
S. 131
def. of
"spouse"
inserted by
No. 27/2001
s. 6(Sch. 4
item 3.2).
"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.
S. 132
substituted by
No. 48/1988
s. 20(1).
132. Blood donations
(1) This section applies to an action brought by or on
behalf of—
(a) a person who claims—
S. 132(1)(a)(i)
amended by
No. 21/1995
s. 21(1).
(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
98
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 132
(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).
S. 132(1)(a)(ii)
amended by
No. 21/1995
s. 21(1).
S. 132(1)(b)
amended by
No. 21/1995
s. 21(1).
(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
1
Column 1
Person against
whom action
brought
Column 2
Column 3
Defences
Exception to
defences
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
99
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
S. 132 Table
amended by
Nos 23/1994
s. 118(Sch. 1
item 24.11),
21/1995
s. 21(2).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 132
Item
Column 1
Person against
whom action
brought
Column 2
Column 3
Defences
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.
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
100
(b) to ensure that any
remaining part of
the blood, or a
blood product
derived from that
blood, is not
given to any
person.
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.
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 132
Item
Column 1
Person against
whom action
brought
Column 2
Column 3
Defences
Exception to
defences
(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
101
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 132
Item
3
Column 1
Person against
whom action
brought
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.
Column 2
Column 3
Defences
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.
The defences set out in
column 2 of item 2.
102
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
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 132A
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—
S. 132A
inserted by
No. 21/1995
s. 22.
(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.
133. Tissue donations
(1) This section applies to an action brought by or on
behalf of—
S. 133
substituted by
No. 48/1988
s. 20(1).
(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
103
S. 133(1)(a)(i)
amended by
No. 21/1995
s. 21(1).
S. 133(1)(a)(ii)
amended by
No. 21/1995
s. 21(1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 133
(b) a person who claims—
S. 133(1)(b)(i)
amended by
Nos 21/1995
s. 21(1),
63/1995
s. 167(a).
(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
S. 133(1)(b)(ii)
amended by
Nos 21/1995
s. 21(1),
63/1995
s. 167(b).
(ii) to have been infected with HIV or
Hepatitis C by another person in
relation to whom such a procedure was
carried out; or
S. 133(1)(c)
amended by
No. 21/1995
s. 21(1).
(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.
S. 133 Table
amended by
Nos 23/1994
s. 118(Sch. 1
item 24.12),
21/1995
s. 21(2).
TABLE
Column 1
Person against whom
action brought
Column 2
A hospital registered
medical practitioner
or a person dealing
with tissue.
Either—
Column 3
Exception to
defences
Defences
(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
104
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
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 133
Column 1
Person against whom
action brought
Column 2
Column 3
Exception to
defences
Defences
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
(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—
105
or Hepatitis C (as the
case may be).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 134
Column 1
Person against whom
action brought
Column 2
Column 3
Exception to
defences
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.
S. 134
substituted by
No. 48/1988
s. 20(1).
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.
106
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 135
135. Liability of donors
S. 135
substituted by
No. 48/1988
s. 20(1).
(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.
S. 135(1)
amended by
No. 21/1995
s. 21(1).
(2) Sub-section (1) does not apply in relation to a
donor who has been found guilty of an offence
against section 136.
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.
S. 136
substituted by
No. 48/1988
s. 20(1).
Penalty: 50 penalty units or imprisonment for
two years.
Division 8—Immunity
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
107
Pt 6 Div. 8
(Heading)
inserted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 9).
S. 137
substituted by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 9),
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part VI—Management and Control of Infectious Diseases
s. 138
(b) because the information is given without the
consent of the person to whom it relates or
the person for whom it was prepared.
Ss 138–142A
repealed by
No. 48/1988
s. 20(1) (as
amended by
No. 78/1989
s. 9).
Pt 6 Div. 9
(Heading and
s. 138)
inserted by
No. 42/1993
s. 13.
New s. 138
inserted by
No. 42/1993
s. 13.
*
*
*
*
*
Division 9—Disease Notification
138. Regulations about disease notification
The Governor in Council may make regulations
for or with respect to—
S. 138(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(a) prescribing diseases or abnormal bodily
conditions the occurrence or existence of
which must be notified to the Secretary;
S. 138(b)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.13).
(b) the particulars to be furnished by registered
medical practitioners when making
notifications of prescribed diseases or
abnormal bodily conditions;
S. 138(c)
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
_______________
108
Health Act 1958
Act No. 6270/1958
Part VII—Immunisation
s. 143
PART VII—IMMUNISATION
No. 6024
ss 143–149.
Pt 7
(Heading and
ss 143–149)
amended by
Nos 6507
s. 4(1), 6624
s. 6, 7054 s. 4,
7250 s. 2, 7356
s. 4, 7581 s. 6,
7954 s. 5, 8082
s. 3(2), 8101
s. 2(a)(b), 9023
s. 40(Sch. 1
Pt A item 7(8)),
9902
s. 2(1)(Sch.
item 108),
10158 s. 17,
10262 s. 4,
72/1987
s. 16(Sch. 1
item 22),
substituted as
Pt 7 (Heading
and ss 143–
145) by
No. 1/1990
s. 3.
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.
109
S. 143
substituted by
No. 1/1990
s. 3.
Health Act 1958
Act No. 6270/1958
Part VII—Immunisation
s. 144
S. 144
substituted by
No. 1/1990
s. 3.
S. 144(1)
amended by
No. 27/2001
s. 6(Sch. 4
item 3.4(a)).
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.
S. 144(4)
amended by
No. 27/2001
s. 6(Sch. 4
item 3.4(b)).
(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
S. 144(4)(a)(ii)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.14).
(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
110
Health Act 1958
Act No. 6270/1958
Part VII—Immunisation
s. 145
(b) a statutory declaration that—
(i) the parent believes that the child has
been immunised against that disease; or
S. 144(4)(b)(i)
amended by
No. 27/2001
s. 6(Sch. 4
item 3.4(b)).
(ii) the parent has a conscientious objection
to immunisation against that disease; or
S. 144(4)(b)(ii)
amended by
No. 27/2001
s. 6(Sch. 4
item 3.4(b)).
(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.
S. 144(4)(c)
amended by
No. 27/2001
s. 6(Sch. 4
item 3.4(b)).
S. 144(5)
amended by
No. 27/2001
s. 6(Sch. 4
item 3.4(b)).
(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.
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
111
S. 144(7)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.14).
S. 145
substituted by
No. 1/1990
s. 3.
Health Act 1958
Act No. 6270/1958
Part VII—Immunisation
s. 145
(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.
_______________
Pt 8
(Heading and
ss 150–157)
amended by
No. 9244 s. 33,
repealed by
No. 10158
s. 18(2)(3).
*
*
*
_______________
112
*
*
Health Act 1958
Act No. 6270/1958
Part VIII—Regulations
s. 146
PART VIII—REGULATIONS
146. Regulations
(1) The Governor in Council may make regulations
for or with respect to all or any of the following
matters—
New Pt 8
(Heading)
inserted by
No. 1/1990
s. 3.
S. 146
substituted by
No. 1/1990
s. 3.
(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;
S. 146(1)(aa)
inserted by
No. 59/1991
s. 9.
(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
113
S. 146(1)(c)(ii)
amended by
Nos 85/2000
s. 14(1)(a),
11/2002
s. 3(Sch. 1
item 31.2(a)).
S. 146(1)
(c)(iia)
inserted by
No. 85/2000
s. 14(1)(a).
Health Act 1958
Act No. 6270/1958
Part VIII—Regulations
s. 146
(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
S. 146(1)(c)(vi)
amended by
No. 85/2000
s. 14(1)(b).
S. 146(1)
(c)(vii)
inserted by
No. 85/2000
s. 14(1)(b),
amended by
No. 11/2002
s. 3(Sch. 1
item 31.2(b)).
(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;
114
Health Act 1958
Act No. 6270/1958
Part VIII—Regulations
s. 146
(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;
S. 146(1)(k)
amended by
No. 11/2002
s. 3(Sch. 1
item 31.2(c)
(i)–(iii)).
(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
S. 146(1)(l)
(i)(C)
amended by
Nos 85/2000
s. 14(1)(c),
11/2002
s. 3(Sch. 1
item 31.2(d)).
(D) the preparation, maintenance and
availability of records in relation
to the premises or anything at the
premises; and
S. 146(1)(l)
(i)(D)
inserted by
No. 85/2000
s. 14(1)(c).
(ii) power to inspect the premises;
115
Health Act 1958
Act No. 6270/1958
Part VIII—Regulations
s. 146
(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;
S. 146(1)(o)
amended by
No. 46/1998
s. 7(Sch. 1).
(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
116
Health Act 1958
Act No. 6270/1958
Part VIII—Regulations
s. 146
(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.
*
*
*
_______________
117
*
*
S. 146(2)(d)
amended by
No. 85/2000
s. 14(2).
S. 146(2)(e)
inserted by
No. 85/2000
s. 14(2).
S. 146(3)
substituted by
No. 33/2001
s. 24(2).
S. 146(4)
repealed by
No. 33/2001
s. 24(2).
Health Act 1958
Act No. 6270/1958
Part IX—Births Notification
s. 158
PART IX—BIRTHS NOTIFICATION
No. 6024
s. 158.
158. Definition
In this Part unless inconsistent with the context or
subject-matter—
S. 158 def. of
"Infant
Welfare
Centre"
repealed by
No. 21/1995
s. 23(1).
S. 158 def. of
"Maternal and
Child Health
Centre"
inserted by
No. 21/1995
s. 23(1),
amended by
No. 27/2001
s. 6(Sch. 4
item 3.5).
No. 6024
s. 159.
*
*
*
*
*
"Maternal and Child Health Centre" means a
centre where health advice is given to the
parents and other caregivers of children
under 6 years of age.
159. Application to all births in Victoria
This Part shall apply in the case of every birth of a
child in Victoria, whether the child is born alive or
dead and whether prematurely or at full time, but
shall not apply in the case of the delivery of a nonviable foetus.
No. 6024
s. 160.
S. 160(1)
amended by
Nos 12/1989
s. 4(1)(Sch. 2
item 57.40),
125/1993
s. 17(c).
160. Early notification of births
(1) In the case of every child born in Victoria it shall
be the duty—
(a) of the midwife or (if no midwife is engaged)
of any other person in attendance upon the
mother at the time of or within twenty-four
hours after the birth; or
118
Health Act 1958
Act No. 6270/1958
Part IX—Births Notification
s. 160
(b) (where no midwife or other person is in
attendance as aforesaid) of the father of the
child if he is actually residing in the house
where the birth takes place at the time of its
occurrence; or
(c) (where the father is not residing in the house
as aforesaid) of the occupier of such house;
or
(d) (where the birth occurs in any public or
private hospital or other public or private
institution) of the Director of Nursing or
other person in charge of such hospital or
institution or the person in charge of the
portion of such hospital or institution in
which the birth occurs—
S. 160(1)(d)
amended by
No. 21/1995
s. 23(2).
to give notice in the form prescribed in the Sixth
Schedule to this Act or to the like effect of the
birth of the child to the Chief Executive Officer of
the council of the municipal district in which the
mother of the child usually resides or, if such
municipal district is not known to the person so
giving notice, then to the Chief Executive Officer
of the council of the municipal district in which
the birth occurs.
(1A) However, if the mother of the child usually resides
outside Victoria, the notice must be given to the
Secretary.
S. 160(1A)
inserted by
No. 21/1995
s. 23(3),
amended by
No. 46/1998
s. 7(Sch. 1).
(2) (a) Notice under this section must be given by
delivering it, posting it or sending a copy of
it by facsimile transmission to the council
office or the Secretary (as the case may be)
within forty-eight hours after the birth to
which the notice relates or such longer
S. 160(2)(a)
amended by
Nos 12/1989
s. 4(1)(Sch. 2
item 57.41),
125/1993
s. 17(c),
21/1995
s. 23(4),
46/1998
s. 7(Sch. 1).
119
Health Act 1958
Act No. 6270/1958
Part IX—Births Notification
s. 161
period as is in respect of any particular
municipal district prescribed.
S. 160(2)(b)
amended by
No. 125/1993
s. 17(c).
S. 160(2)(b)(i)
amended by
Nos 12/1989
s. 4(1)(Sch. 2
items 57.42,
57.43),
21/1995
s. 23(5)(a).
S. 160(2)(b)(ii)
amended by
Nos 7685
s. 7(c), 9023
s. 40(Sch. 1
Pt A item 7(9)),
10262 s. 4,
12/1989
s. 4(1)(Sch. 2
item 57.44),
21/1995
s. 23(5)(b),
46/1998
s. 7(Sch. 1).
S. 160(3)
amended by
No. 10158
s. 4(Sch.
item 9).
No. 6024
s. 161.
(b) On receipt of such notice the Chief
Executive Officer shall forthwith send such
notice or a copy thereof—
(i) if in the municipal district of the
council there is a Maternal and Child
Health Centre under the control of and
subsidized by the council—to the nurse
whose duty it is to visit or communicate
with the house to which the notice
relates; or
(ii) if in the municipal district of the
council there is no such Maternal and
Child Health Centre—to the Secretary.
(3) Any person who fails to give notice of a birth in
accordance with this section shall be liable to a
penalty of not more than 1 penalty unit: Provided
that a person shall not be liable to a penalty under
this sub-section if he satisfies the court that he had
reasonable grounds to believe that notice had been
duly given by some other person or that he had
other reasonable grounds for omitting to give the
notice.
161. Notice additional to requirements of other Acts
The notice required to be given under this Part
shall be in addition to and not in substitution for
the requirements of any Act relating to the
registration of births.
120
Health Act 1958
Act No. 6270/1958
Part IX—Births Notification
s. 162
162. Regulations
The Governor in Council may make regulations
for or with respect to prescribing all matters and
things required to be prescribed or necessary or
convenient to be prescribed for carrying this Part
into effect.
No. 6024
s. 162.
_______________
*
*
*
_______________
121
*
*
Pt 9A
(Heading and
s. 162A)
inserted by
No. 6507
s. 5(1),
amended by
No. 10262 s. 4,
repealed by
No. 48/1988
s. 20(3).
Health Act 1958
Act No. 6270/1958
s. 162B
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
Pt 9B
(Heading and
ss 162B–162I)
inserted by
No. 9659
s. 2(1),
amended by
No. 9876
s. 2(b).
PART IXB—CONSULTATIVE COUNCIL ON OBSTETRIC
AND PAEDIATRIC MORTALITY AND MORBIDITY
S. 162B
inserted by
No. 9659
s. 2(1).
162B. Definitions
S. 162B def. of
"Council"
amended by
No. 9876
s. 3(a).
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;
S. 162B def. of
"health
service
provider"
inserted by
No. 36/2004
s. 20.
"health service provider" has the same meaning
as in section 3(1) of the Health Records Act
2001;
S. 162B def. of
"hospital"
amended by
No. 9876
s. 3(b),
substituted by
No. 21/1995
s. 24(1)(a),
amended by
No. 46/1998
s. 7(Sch. 1).
"hospital" means—
S. 162B def. of
"medical
practitioner"
repealed by
No. 23/1994
s. 118(Sch. 1
item 24.15(a)).
(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;
*
*
*
122
*
*
Health Act 1958
Act No. 6270/1958
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
s. 162B
"member" means a member of the Council;
"midwife" means a person registered under
division 1 of the register kept under the
Nurses Act 1993;
S. 162B def. of
"midwife"
substituted by
No. 74/2000
s. 3(Sch. 1
item 59.4).
"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 notifications under section
64(1) of the Children and Young Persons
Act 1989;
S. 162B def. of
"Ministerial
Committee"
inserted by
No. 36/2004
s. 20.
"prescribed" means prescribed by the regulations
under this Part;
*
*
*
*
*
S. 162B def. of
"private
hospital"
repealed by
No. 21/1995
s. 24(1)(b).
"proprietor" has the same meaning as it has in
section 3 of the Health Services Act 1988;
S. 162B def. of
"proprietor"
substituted by
No. 21/1995
s. 24(1)(c).
"registered medical practitioner" means a
registered medical practitioner within the
meaning of the Medical Practice Act 1994.
S. 162B def. of
"registered
medical
practitioner"
inserted by
No. 23/1994
s. 118(Sch. 1
item 24.15(b)).
123
Health Act 1958
Act No. 6270/1958
s. 162C
S. 162C
inserted by
No. 9659
s. 2(1),
substituted by
No. 9876 s. 4.
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
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);
S. 162C(1)(i)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(i) one shall be an employee in the Department
who has expertise in obstetric and paediatric
care and who is nominated by the Secretary;
124
Health Act 1958
Act No. 6270/1958
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
(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
s. 162C
S. 162C(1)(j)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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 reappointment;
(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 not in respect of his office as member
subject to the provisions of the Public
Sector Management and Employment Act
1998.
(4) Where an institution, organization or association
referred to in paragraph (a), (b), (c), (d), (e), (f),
(g) or (h) of sub-section (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.
125
S. 162C(3)(d)
amended by
No. 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
s. 162D
S. 162CA
inserted by
No. 9876 s. 4,
repealed by
No. 48/1988
s. 22.
S. 162D
inserted by
No. 9659
s. 2(1).
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
*
*
*
*
*
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.
S. 162E
inserted by
No. 9659
s. 2(1).
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 subcommittee 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.
S. 162F
inserted by
No. 9659
s. 2(1).
S. 162F(1)(a)
substituted by
No. 36/2004
s. 21.
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;
126
Health Act 1958
Act No. 6270/1958
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
*
*
*
*
*
s. 162F
S. 162F(1)(aa)
inserted by
No. 9876
s. 5(a),
repealed by
No. 36/2004
s. 21.
(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;
S. 162F(1)
(b)(iii)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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;
S. 162F(1)(c)
amended by
Nos 9876
s. 5(b),
23/1994
s. 118(Sch. 1
item 24.16).
(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
S. 162F(1)(d)
amended by
Nos 9876
s. 5(c), 10262
s. 4, 46/1998
s. 7(Sch. 1).
127
Health Act 1958
Act No. 6270/1958
s. 162FA
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
(e) to publish an annual report of the Council's
research and activities.
S. 162F(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
74/2000
s. 3(Sch. 1
item 59.5).
S. 162FA
inserted by
No. 36/2004
s. 22.
(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.
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.
S. 162FB
inserted by
No. 36/2004
s. 22.
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
established under the Medical Practice Act
1994;
(b) the Nurses Board of Victoria established
under the Nurses Act 1993;
(c) the State Coroner under the Coroners Act
1985;
(d) a Ministerial Committee;
(e) a protective intervener under section 64(1) of
the Children and Young Persons Act 1989
if the Council believes on reasonable
grounds that a child is in need of protection;
128
Health Act 1958
Act No. 6270/1958
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
s. 162G
(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.
S. 162G
inserted by
No. 9659
s. 2(1).
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.
S. 162G(1)
amended by
Nos 9876
s. 6(a),
43/1996
s. 65(Sch.
item 8).
(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;
129
S. 162G(2)(a)
amended by
No. 21/1995
s. 24(2).
Health Act 1958
Act No. 6270/1958
s. 162G
S. 162G(2)(b)
amended by
No. 21/1995
s. 24(2).
S. 162G(2)
(b)(ii)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.17).
S. 162G(2)(c)
amended by
No. 9876
s. 6(b).
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
(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 sub-paragraph (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—
S. 162G
(2)(c)(i)
amended by
No. 21/1995
s. 24(2).
(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
S. 162G(2)
(c)(ii)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.17).
(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—
shall submit a report in respect of the birth in
the prescribed form to the Council.
S. 162G(3)
amended by
No. 10158
s. 4(Sch.
item 10).
(3) Any person required by sub-section (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.
130
Health Act 1958
Act No. 6270/1958
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
162H. Confidentiality
s. 162H
S. 162H
inserted by
No. 9659
s. 2(1).
(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.
S. 162H(1)
amended by
Nos 10158
s. 4(Sch.
item 11),
10262 s. 4,
74/2000
s. 3(Sch. 1
item 59.6),
36/2004 s. 23.
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.
131
S. 162H(2)
amended by
Nos 10262
s. 4, 74/2000
s. 3(Sch. 1
item 59.6).
Health Act 1958
Act No. 6270/1958
s. 162I
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
(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.
S. 162H(4)
inserted by
No. 42/1993
s. 14,
amended by
No. 33/2001
s. 23(c).
S. 162I
inserted by
No. 9659
s. 2(1).
(4) Sub-section (1) has effect despite anything to the
contrary in section 12 of the Audit Act 1994.
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;
S. 162I(ba)
inserted by
No. 9876 s. 7,
amended by
No. 10262 s. 4.
(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;
132
Health Act 1958
Act No. 6270/1958
Part IXB—Consultative Council on Obstetric and Paediatric Mortality and
Morbidity
s. 162I
(e) prescribing the form of the report of birth
pursuant to section 162G and the period
within which the report is to be submitted;
and
(f) generally prescribing any matters or things
authorized or required to be prescribed under
this Part.
_______________
*
*
*
*
*
Pt 10 Divs 1–3
repealed.21
*
*
Pt 11
Divs 1, 1A, 2
repealed.22
_______________
*
*
*
_______________
133
Health Act 1958
Act No. 6270/1958
s. 208A
Pt 11A
(Heading and
ss 208A–208I)
inserted by
No. 7122
s. 2(b),
amended by
Nos 7685
s. 5, 8343
s. 7(a)–(e) (as
amended by
No. 9019
s. 2(1)(Sch.
item 261)),
9023
s. 40(Sch. 1
Pt A
item 7(12)(b)),
9902
s. 2(1)(Sch.
item 109),
10158
s. 4(Sch.
item 18) (as
amended by
No. 72/1987
s. 18(Sch. 2
item 5)), 10262
s. 4, 72/1987
s. 16(Sch. 1
item 27),
73/1987
ss 4–14,
42/1993
s. 16(2)(a)–(c),
84/1993
s. 6(2),
126/1993
s. 264(Sch. 5
item 8.2),
19/1994
s. 38(9),
repealed by
No. 53/1996
s. 57.23, 24
*
*
*
_______________
134
*
*
Health Act 1958
Act No. 6270/1958
Part XII—Accommodation
s. 209
PART XII—ACCOMMODATION25
Pt 12
(Heading)
substituted by
Nos 10082
s. 3(1)(Sch.
item 3),
48/1988
s. 25(1).
Division 1—Registration
Pt 12 Div. 1
(Heading)
substituted by
No. 48/1988
s. 25(1).
No. 6024
ss 209–212.
Pt 12 Div. 1
(ss 209–212)
amended by
Nos 8343
s. 8(a), 9568
s. 2, 9902
s. 2(1)(Sch.
item 110),
10262 s. 4,
72/1987
s. 16(Sch. 1
item 28),
97/1987
s. 181(6)(h),
substituted as
Pt 12 Div. 1
(Heading and
ss 209–213)
by No.
48/1988
s. 25(2) (as
amended by
No. 89/1989
s. 31(2)).
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
135
S. 209
substituted by
No. 48/1988
s. 25(2) (as
amended by
No. 89/1989
s. 31(2)).
Health Act 1958
Act No. 6270/1958
Part XII—Accommodation
s. 210
(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.
S. 210
substituted by
No. 48/1988
s. 25(2).
210. Registration
S. 211
substituted by
No. 48/1988
s. 25(2).
211. Offence
S. 212
substituted by
No. 48/1988
s. 25(2).
212. Access by authorised officers
The proprietor of prescribed accommodation must
register that accommodation with the council.
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.
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.
S. 213
inserted by
No. 48/1988
s. 25(2).
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;
136
Health Act 1958
Act No. 6270/1958
Part XII—Accommodation
s. 213
(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.
*
*
*
137
*
*
S. 213(2)
substituted by
No. 33/2001
s. 24(3).
S. 213(3)
repealed by
No. 33/2001
s. 24(3).
Health Act 1958
Act No. 6270/1958
Part XII—Accommodation
s. 214
Pt 12 Divs 2–7
repealed.26
*
*
*
_______________
138
*
*
Health Act 1958
Act No. 6270/1958
Part XIII—Precautions Against Fire
s. 228
PART XIII—PRECAUTIONS AGAINST FIRE
No. 6024
s. 228.
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 twentyfive persons usually reside;
S. 228(1)(b)
amended by
Nos 72/1987
s. 16(Sch. 1
item 30),
97/1987
s. 181(6)(j),
48/1988
s. 25(5),
74/2000
s. 3(Sch. 1
item 59.7).
(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;
S. 228(1)(a)
re-numbered
as s. 228(1)(e)
by No.
33/2001
s. 23(b)(i).
(f) prescribing how such apparatus and
appliances are to be maintained and where
they are to be installed and kept; and
S. 228(1)(b)
re-numbered
as s. 228(1)(f)
by No.
33/2001
s. 23(b)(ii).
(g) generally, the preventing controlling or
extinguishing of fires and the saving of life
at fires.
S. 228(1)(c)
re-numbered
as s. 228(1)(g)
by No.
33/2001
s. 23(b)(iii).
139
Health Act 1958
Act No. 6270/1958
Part XIII—Precautions Against Fire
s. 228
(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 firearms 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.
_______________
140
Health Act 1958
Act No. 6270/1958
s. 230
*
*
*
*
*
*
*
Pt 14
(Heading and
ss 229–304)
repealed.27
_______________
*
*
*
_______________
141
Pt 14A
(Heading and
ss 304A,
304B)
inserted by
No. 7490 s. 17,
amended by
No. 8404
s. 49(2)(b),
repealed by
No. 48/1988
s. 27.
Health Act 1958
Act No. 6270/1958
Part XV—Meat Supervision
s. 306
PART XV—MEAT SUPERVISION
Pt 15 Div. 1
(Heading and
ss 305–327)
amended by
Nos 6732 s. 5,
7909 s. 10,
S.R. No.
241/1974
reg. 2(g),
repealed by
No. 8404
s. 49(2)(c).
*
*
*
*
*
New Pt 15
Div. 1
(Heading)
inserted by
No. 9076
s. 15(a),
repealed by
No. 9666
s. 17(a).
*
*
*
*
*
No. 6270
s. 313.
*
*
*
*
*
New s. 305
inserted by
No. 9076
s. 15(a),
amended by
No. 40/1993
(Sch. 2
item 5.1),
repealed by
No. 33/2001
s. 17(a).
No. 6270
s. 314.
New s. 306
inserted by
No. 9076
s. 15(a),
amended by
Nos 9666
s. 17(b),
12/1989
s. 4(1)(Sch. 2
item 57.49).
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.
142
Health Act 1958
Act No. 6270/1958
Part XV—Meat Supervision
s. 308
*
*
*
*
*
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.
*
*
*
*
*
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.
143
New s. 307
inserted by
No. 9076
s. 15(a),
substituted by
Nos 9244
s. 43, 9666
s. 17(c),
repealed by
No. 10082
s. 3(1)(Sch.
item 7)).
New s. 308
inserted by
No. 9666
s. 17(d),
amended by
No. 40/1993
(Sch. 2
item 5.2).
New s. 309
inserted by
No. 9666
s. 17(d),
repealed by
No. 33/2001
s. 17(a).
New s. 310
inserted by
No. 9666
s. 17(d).
Health Act 1958
Act No. 6270/1958
Part XV—Meat Supervision
s. 311
New s. 311
inserted by
No. 9666
s. 17(d).
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.
New s. 312
inserted by
No. 9666
s. 17(d),
amended by
No. 33/2001
s. 17(b).
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—
S. 312(a)
amended by
No. 40/1993
(Sch. 2
item 5.3).
(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
S. 312(b)
substituted by
No. 10082
s. 3(1)(Sch.
item 21)).
(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.
144
Health Act 1958
Act No. 6270/1958
Part XV—Meat Supervision
s. 313
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.
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.
*
*
*
_______________
145
*
*
New s. 313
inserted by
No. 9666
s. 17(d),
amended by
No. 10158
s. 4(Sch.
item 26)).
New s. 314
inserted by
No. 9666
s. 17(d),
amended by
No. 40/1993
(Sch. 2
item 5.4).
Pt 15 Div. 2
(Heading and
ss 328–332)
repealed.28
Health Act 1958
Act No. 6270/1958
s. 333
Pt 16
(Heading and
ss 333, 334)
repealed.29
*
*
*
*
*
*
*
*
*
_______________
Pt 17
(Heading and
ss 335–363)
repealed.30
*
*
*
_______________
Pt 18
(Heading and
ss 364–366)
repealed.31
*
*
*
_______________
146
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 366B
PART XIX—REGISTRATIONS
*
*
*
*
*
366B. Premises
In this Part "premises" includes prescribed
accommodation within the meaning of
section 209.
366C. Registration of premises
(1) A person conducting a business of—
S. 366A
inserted by
No. 10262
s. 8(b),
amended by
No. 73/1987
s. 15(a),
repealed by
No. 46/1998
s. 7(Sch. 1).
S. 366B
inserted by
No. 48/1988
s. 25(6).
S. 366C
inserted by
No. 48/1988
s. 28.
(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
sub-section (1)—
(a) if the person is registered as an acupuncturist
under the Chinese Medicine Registration
Act 2000 or is authorised in accordance with
section 61(11) 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.
147
S. 366C(2)
substituted by
No. 18/2000
s. 108(2).
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 367
No. 6024
s. 367.
S. 367
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024
s. 368.
S. 368(1)
substituted by
No. 48/1988
s. 29(1).
S. 368(1)(b)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 368(1A)
inserted by
No. 48/1988
s. 29(1),
amended by
No. 46/1998
s. 7(Sch. 1).
S. 368(2)
amended by
No. 7685
s. 6(a),
substituted by
No. 72/1987
s. 9(a).
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.
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.
S. 368(2A)
inserted by
No. 72/1987
s. 9(a) (as
amended by
No. 48/1988
s. 45(b)).
(2A) If any fee is prescribed in the regulations, a fee
determined by a council under sub-section (2)
must not exceed that fee.
148
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 369
(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.
369. Refusal of registration or renewal
S. 368(3)
amended by
Nos 7685
s. 6(b), 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024
s. 369.
(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.
S. 369(1)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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.
S. 369(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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.
S. 369(3)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024
s. 370.
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.
149
S. 370
amended by
Nos 10262
s. 4, 48/1988
s. 29(2),
46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 371
No. 6024
s. 371.
S. 371(1)
amended by
Nos 10262
s. 4, 72/1987
s. 16(Sch. 1
item 39)),
46/1998
s. 7(Sch. 1).
S. 371(2)
repealed by
No. 21/1995
s. 27(2).
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.
*
*
*
*
*
S. 371(3)
amended by
Nos 10262
s. 4, 125/1993
s. 17(d),
46/1998
s. 7(Sch. 1).
(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.
S. 371(4)
amended by
Nos 7490
s. 18, 8906
s. 2(n), 9782
s. 3(g), 10262
s. 4, 72/1987
s. 9(b),
125/1993
s. 17(e),
21/1995
s. 27(1)(b),
46/1998
s. 7(Sch. 1).
(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.
150
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 372
(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.
S. 371(6)
inserted by
No. 10158
s. 24,
amended by
No. 44/2001
s. 3(Sch.
item 60).
No. 6024
s. 372.
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)—
S. 372
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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.
*
*
*
*
*
374. Certificates of registration and renewal
S. 373
repealed by
No. 48/1988
s. 29(3).
No. 6024
s. 374.
(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.
S. 374(1)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(16)(c)),
10262 s. 4,
125/1993
s. 17(f),
46/1998
s. 7(Sch. 1).
(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
S. 374(1A)
inserted by
No. 21/1995
s. 26,
amended by
No. 46/1998
s. 7(Sch. 1).
151
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 374A
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.
S. 374(1B)
inserted by
No. 21/1995
s. 26,
amended by
No. 46/1998
s. 7(Sch. 1).
(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.
S. 374A
inserted by
No. 72/1987
s. 11(3).
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.
No. 6024
s. 375.
S. 375
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
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.
152
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 376
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;
No. 6024
s. 376.
S. 376
amended by
No. 48/1988
s. 30(2).
(b) any conditions under which registration or
renewal thereof may be refused;
(c) classifying premises for purposes of
registration;
(ca) cleanliness of registered premises;
S. 376(1)(ca)
inserted by
No. 48/1988
s. 30(1).
(cb) powers to inspect registered premises;
S. 376(1)(cb)
inserted by
No. 48/1988
s. 30(1).
(cc) generally safeguarding the health of persons
likely to be using those premises;
S. 376(1)(cc)
inserted by
No. 48/1988
s. 30(1).
(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;
153
S. 376(1)(d)
substituted by
No. 72/1987
s. 9(c).
Health Act 1958
Act No. 6270/1958
Part XIX—Registrations
s. 376
(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
S. 376(1)(e)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(16)(d)),
10262 s. 4,
46/1998
s. 7(Sch. 1).
(f) generally, carrying into effect the purposes
of this Act.
S. 376(2)
inserted by
No. 48/1988
s. 30(3),
substituted by
No. 33/2001
s. 24(4).
S. 376(3)
inserted by
No. 48/1988
s. 30(3),
repealed by
No. 33/2001
s. 24(4).
(2) The Regulations are subject to disallowance by a
House of Parliament.
*
*
*
_______________
154
*
*
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 384
PART XX—GENERAL AND SUPPLEMENTARY
Division 1—General
*
*
*
*
*
S. 377
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(17)(a)).
*
*
*
*
*
S. 378
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(17)(a)),
new s. 378
inserted by
No. 10262
s. 8(c),
amended by
No. 73/1987
s. 15(a),
repealed by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
Ss 379–383A
repealed.32
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;
155
No. 6024
s. 384.
S. 384
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 385
S. 384(b)
amended by
Nos 72/1987
s. 16(Sch. 1
item 40)),
57/1989
s. 3(Sch.
item 91.10).
(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.
No. 6024
s. 385.
S. 385(1)
amended by
Nos 9427
s. 6(1)(Sch. 5
item 65),
12/1989
s. 4(1)(Sch. 2
item 57.56).
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.
156
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 386
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 sub-section 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.
387. Appeal to judge of the County Court
(1) Save as otherwise expressly provided if the
Secretary or any council refuses or neglects—
157
No. 6024
s. 386.
S. 386(1)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(b)),
10262 s. 4,
12/1989
s. 4(1)(Sch. 2
item 57.57),
46/1998
s. 7(Sch. 1).
S. 386(1)
Proviso
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.58).
S. 386(2)
amended by
Nos 9244
s. 47, 10158
s. 4(Sch.
item 27)),
10262 s. 4,
46/1998
s. 7(Sch. 1).
No. 6024
s. 387.
S. 387(1)
amended by
Nos 7909
s. 11(a), 10262
s. 4, 19/1989
s. 16(Sch.
item
25.4(a)(b)),
46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 387
(a) to give approval or consent to any
application made pursuant to this Act; or
S. 387(1)(a)
amended by
No. 10262 s. 4.
(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.
S. 387(1A)
inserted by
No. 10158
s. 25,
amended by
Nos 10262
s. 4, 19/1989
s. 16(Sch.
item
25.5(a)(b)),
repealed by
No. 21/1995
s. 27(2).
S. 387(2)
amended by
Nos 7909
s. 11(b), 10262
s. 4, 19/1989
s. 16(Sch.
item 25.6(a)–
(c)), 46/1998
s. 7(Sch. 1),
12/1999
s. 4(Sch. 2
item 6.1).
S. 388
amended by
No. 10262 s. 4,
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.59).
*
*
*
*
*
(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.
*
*
*
158
*
*
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 389
Division 2—Proclamations, Regulations, By-laws,
Orders etc.
No. 6024
s. 389.
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.
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).
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
159
S. 389A
inserted by
No. 59/1991
s. 10.
No. 6024
s. 390.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 390
(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.
S. 390(2)
amended by
Nos 7490
s. 19(1), 8196
s. 2(b), 8756
s. 5(a)–(c),
8906
s. 2(m)(o)(p),
repealed by
No. 21/1995
s. 27(2).
*
*
*
*
*
S. 390(2A)
inserted by
No. 6569 s. 3,
amended by
Nos 7282
s. 3(1),
72/1987
s. 16(Sch. 1
item 41),
repealed by
No. 33/2001
s. 18(3) .
*
*
*
*
*
S. 390(2B)
inserted by
No. 7490
s. 19(2).
(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.
S. 390(2C)
inserted by
No. 48/1988
s. 31(1).
(2C) The Governor in Council may make regulations
for or with respect to—
S. 390(2C)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(a) prescribing diseases the occurrence or
existence of which must be notified to the
Secretary;
160
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 390
(b) the notification to the Secretary by registered
medical practitioners of the occurrence or
existence of any prescribed disease;
S. 390(2C)(b)
amended by
Nos 23/1994
s. 118(Sch. 1
item 24.20),
46/1998
s. 7(Sch. 1).
(c) the particulars to be furnished by registered
medical practitioners when making
notifications of any prescribed disease;
S. 390(2C)(c)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.20).
(d) the fees payable to registered medical
practitioners in respect of notifications of
any prescribed disease; and
S. 390(2C)(d)
amended by
No. 23/1994
s. 118(Sch. 1
item 24.20).
(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 sub-section (2C) are
subject to disallowance by a House of Parliament.
S. 390(2D)
inserted by
No. 48/1988
s. 31(1),
substituted by
No. 33/2001
s. 24(5).
*
*
*
*
*
S. 390(2E)
inserted by
No. 48/1988
s. 31(1),
repealed by
No. 33/2001
s. 24(5).
*
*
*
*
*
S. 390(3)
amended by
No. 10262 s. 4,
repealed by
No. 48/1988
s. 31(2).
161
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 391
No. 6024
s. 391.
S. 391(1)
amended by
No. 10179
s. 8(2).
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;
S. 391(1)(c)
amended by
Nos 10262
s. 4, 23/1994
s. 118(Sch. 1
item 24.21),
46/1998
s. 7(Sch. 1),
33/2001
s. 18(4).
(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;
S. 391(1)(f)
repealed by
No. 6886
s. 3(Sch.),
new
s. 391(1)(f)
inserted by
No. 10179
s. 8(1).
(f) may differ according to differences in time,
place or circumstance;
162
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 391
(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
S. 391(1)(g)(i)
amended by
No. 42/1993
s. 15(a).
(ii) as formulated, issued, prescribed or
published at the time the regulation is
made or at any time before the
regulation is made; or
S. 391(1)(g)(ii)
amended by
No. 42/1993
s. 15(a).
S. 391(1)(g)(iii)
inserted by
No. 42/1993
s. 15(b).
(iii) formulated, issued, prescribed or
published from time to time; and
S. 391(1)(h)
amended by
Nos 8196
s. 2(c)(i), 9244
s. 48, 10158
s. 4(Sch.
item 28)).
(h) may impose a penalty of not more than
20 penalty units for any contravention
thereof.
*
S. 391(1)(g)
substituted by
No. 10179
s. 8(1).
*
*
*
*
(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.
163
S. 391(1)(i)
repealed by
No. 6886
s. 3(Sch.).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 399A
S. 391(3)
amended by
Nos 10082
s. 3(1)(Sch.
item 22),
10262 s. 4,
12/1989
s. 4(1)(Sch. 2
item 57.60),
repealed by
No. 48/1988
s. 31(2).
Ss 392–396
repealed.33
*
*
*
*
*
*
*
*
*
*
Division 3—Enforcement of Act
Ss 397–399
repealed.34
S. 399A
inserted by
No. 48/1988
s. 32.
S. 399A(1)
amended by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
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
S. 399A(3)(c)
amended by
No. 46/1998
s. 7(Sch. 1).
(c) must be signed by the Secretary or a person
designated by the council for that purpose (as
the case may be).
164
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 400
(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 sub-section:
2 penalty units.
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
No. 6024
s. 400.
S. 400
amended by
Nos 10262
s. 4, 12/1989
s. 4(1)(Sch. 2
item 57.69),
46/1998
s. 7(Sch. 1).
(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.
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—
165
No. 6024
s. 401.
S. 401
amended by
No. 6967 s. 7,
substituted by
No. 9076
s. 17(1)(a).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 401
S. 401(1)(a)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
S. 401(1)(b)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(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;
S. 401(1)(e)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(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;
S. 401(1)(f)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(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;
S. 401(1)(h)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(h) mark, fasten or secure any substance or
animal or thing; and
166
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 402
(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.
402. Interference with official marks or seals
S. 401(1)(i)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
S. 401(2)
amended by
Nos 9076
s. 17(2), 10082
s. 3(1)(Sch.
item 20),
10262 s. 4,
46/1998
s. 7(Sch. 1),
33/2001
s. 18(5)(a),
11/2002
s. 3(Sch. 1
item 31.3).
No. 6024
s. 402.
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.
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.
167
No. 6024
s. 403.
S. 403
amended by
Nos 10262
s. 4, 12/1989
s. 4(1)(Sch. 2
items 57.70,
57.71),
46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 404
No. 6024
s. 404.
S. 404
amended by
No. 6867
s. 2(Sch. 1).
S. 404(a)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.72).
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;
S. 404(c)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.73).
(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
S. 404(d)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.74).
(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.
S. 404A
inserted by
No. 10158
s. 26,
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.75).
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.
168
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 405
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—
No. 6024
s. 405.
S. 405(1)
substituted by
No. 9076
s. 17(1)(b),
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(a) at all reasonable times enter the premises on
which the substance has been manufactured
or is stored; and
S. 405(1)(a)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(b) inspect examine and take samples of and
seize mark fasten secure or seal any such
substance.
S. 405(1)(b)
amended by
Nos 10082
s. 3(1)(Sch.
items 11, 23)),
33/2001
s. 18(5)(a).
(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.
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—
169
S. 405(2)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
No. 6024
s. 406.
S. 406(1)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(c)),
10082
s. 3(1)(Sch.
item 11)),
10262 s. 4,
46/1998
s. 7(Sch. 1),
33/2001
s. 18(5)(b).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 406
S. 406(1)(a)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(c)),
10082
s. 3(1)(Sch.
item 11)),
10262 s. 4,
12/1999
s. 4(Sch. 2
item 6.1),
33/2001
s. 18(5)(b).
(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.
170
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 407
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
S. 407
substituted by
No. 9076
s. 17(1)(c).
S. 407(1)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
72/1987
s. 14(a),
33/2001
s. 18(5)(a).
(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.
S. 407(2)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(a).
(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.
S. 407(3)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
115/1994
s. 142(Sch. 2
item 3),
33/2001
s. 18(5)(a).
171
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 408
S. 408
substituted by
No. 9076
s. 17(1)(d).
S. 408(1)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
72/1987
s. 14(b),
57/1989
s. 3(Sch.
item 91.11),
33/2001
s. 18(5)(a).
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.
S. 408(1A)
amended by
Nos 72/1987
s. 14(c),
57/1989
s. 3(Sch.
item 91.12).
(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.
S. 408(2)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
72/1987
s. 14(d)
33/2001
s. 18(5)(a).
(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—
S. 408(2)(a)(i)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.76).
(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.
172
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 409
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.
410. Offences by occupiers and others
No. 6024
s. 409.
S. 409
amended by
Nos 9244
s. 49, 10158
s. 4(Sch.
item 29)).
No. 6024
s. 410.
(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.
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
173
S. 410(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 6024
s. 411.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 412
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.
No. 6024
s. 412.
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
174
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 413
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.
413. Enforcement of duty with regard to land etc.
No. 6024
s. 413.
(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.
S. 413(1)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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—
S. 413(2)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
175
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 414
(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.
No. 6024
s. 414.
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
S. 414(1)(b)
amended by
No. 48/1988
s. 33.
(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.
Ss 415–417
repealed.35
*
*
*
176
*
*
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 418
418. Crown lands to be put into sanitary condition
It shall be the duty of the Department Head of the
Department of Natural Resources 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.
*
*
*
*
*
420. Power to inspect register of births and deaths
No. 6024
s. 418.
S. 418
amended by
Nos 72/1987
s. 16(Sch. 1
item 43),
12/1989
s. 4(1)(Sch. 2
items 57.79,
57.80),
76/1998
s. 23(b).
S. 419
repealed by
No. 9244 s. 50.
No. 6024
s. 420.
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
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
177
No. 6024
s. 421.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 422
(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.
No. 6024
s. 422.
S. 422(1)
amended by
No. 48/1988
s. 35(a).
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
therefor36; and
S. 422(2)(b)
amended by
Nos 8196
s. 2(c)(ii), 9244
s. 51(a), 10158
s. 4(Sch.
item 30)),
48/1988
s. 35(c).
S. 422
Proviso
inserted by
No. 7490 s. 20,
amended by
Nos 8196
s. 2(c)(iii),
9244 s. 51(b),
10158
s. 4(Sch.
item 30)),
repealed by
No. 48/1988
s. 35(b).
(b) (if no other penalty is expressly provided) be
liable to a penalty of not more than 100
penalty units:
*
*
*
178
*
*
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 423
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—
No. 6024
s. 423.
(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.
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
179
No. 6024
s. 424.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 425
S. 424(f)
amended by
Nos 9244
s. 52, 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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.
No. 6024
s. 425.
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 lastknown 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.
180
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 426
(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 nonservice 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
S. 425(8)
amended by
Nos 10262
s. 4, 12/1989
s. 4(1)(Sch. 2
item 57.81),
46/1998
s. 7(Sch. 1).
S. 425(8)(a)
amended by
Nos 10262
s. 4, 12/1989
s. 4(1)(Sch. 2
item 57.82),
46/1998
s. 7(Sch. 1).
(b) by forwarding the same by post in a pre-paid
letter addressed to him.
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
181
No. 6024
s. 426.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 427
S. 426(1)(b)
amended by
Nos 10262
s. 4, 125/1993
s. 17(g),
46/1998
s. 7(Sch. 1).
(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.
No. 6024
s. 427.
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.
No. 6024
s. 428.
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.
182
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 429
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.
*
*
*
*
*
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.
No. 6024
s. 429.
Ss 430–433
repealed.37
No. 6024
s. 434.
S. 434(1)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(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.
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.
183
No. 6024
s. 435.
S. 435(1)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(g)),
10262 s. 4.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 437
S. 436
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.85).
No. 6024
s. 437.
S. 437
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(h)),
10262 s. 4,
12/1989
s. 4(1)(Sch. 2
items 57.86,
57.87),
46/1998
s. 7(Sch. 1).
S. 437(1)(a)
amended by
No. 10262 s. 4,
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.88).
*
*
*
*
*
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;
S. 437(1)(c)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(h)),
10262 s. 4,
12/1989
s. 4(1)(Sch. 2
item 57.89).
S. 437(1)(d)
amended by
No. 10262 s. 4,
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.90).
(c) of the particular or general appointment
of any officer of the Department;
*
*
*
184
*
*
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 437
*
*
*
*
*
S. 437(1)(e)
amended by
Nos 10262
s. 4, 12/1989
s. 4(1)(Sch. 2
item 57.91),
repealed by
No. 126/1993
s. 264(Sch. 5
item 8.3).
(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.
185
S. 437(5)
amended by
Nos 10082
s. 3(1)(Sch.
item 11)),
33/2001
s. 18(5)(c).
S. 437(6)
inserted by
No. 9244 s. 53.
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 438
No. 6024
s. 438.
No. 6024
s. 439.
S. 439(1)
amended by
No. 10262 s. 4.
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.
439. Documents as evidence
(1) All documents whatever purporting—
S. 439(1)(a)
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(17)(i)),
new
s. 439(1)(a)
inserted by
No. 48/1988
s. 37,
amended by
No. 46/1998
s. 7(Sch. 1).
(a) to be issued or written by or under the
direction of the Secretary; or
S. 439(1)(b)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.92).
(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.
186
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 440
440. Evidence of orders notices etc.
No. 6024
s. 440.
(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
S. 440(1)(a)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(j)),
10262 s. 4,
12/1989
s. 4(1)(Sch. 2
item 57.93),
125/1993
s. 17(h),
46/1998
s. 7(Sch. 1).
(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.
*
*
*
187
*
*
S. 441
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 57.94).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 442
No. 6024
s. 442.
S. 442(a)
repealed by
No. 9023
s. 40(Sch. 1
Pt A
item 7(17)(k)).
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—
*
S. 442(b)
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 57.95),
amended by
No. 125/1993
s. 17(i).
*
*
*
*
(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.
S. 442A
inserted by
No. 8343 s. 12,
substituted by
No. 97/1987
s. 181(6)(k),
repealed by
No. 48/1988
s. 38.
No. 6024
s. 443.
*
*
*
*
*
443. Proof of ownership
(1) In any legal proceedings under this Act—
S. 443(1)(a)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.96).
(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
188
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 443
(b) evidence by the certificate of the RegistrarGeneral 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.
189
S. 443(1)(c)
amended by
No. 18/1989
s. 13(Sch. 2
item 37).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 444
No. 6024
s. 444.
S. 444
amended by
No. 7876
s. 2(3).
444. Complaints etc. before Magistrates' Court
Save as otherwise expressly provided—
S. 444(a)
amended by
No. 57/1989
s. 3(Sch. item
91.13(a)(b)).
(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
S. 444(b)
amended by
No. 57/1989
s. 3(Sch.
item 91.14).
(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.
No. 6024
s. 445.
445. Appeal
S. 445(1)
amended by
Nos 7705
s. 10, 7876
s. 2(3),
72/1987
s. 16(Sch. 1
item 45),
57/1989
s. 3(Sch.
item 91.15).
(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.
S. 445(2)
amended by
Nos 7876
s. 2(3),
72/1987
s. 16(Sch. 1
item 45),
57/1989
s. 3(Sch. item
91.16(a)–(c)).
(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.
190
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 447
*
*
*
*
*
447. Proceedings in the Supreme Court
S. 446
amended by
Nos 10262
s. 4, 72/1987
s. 15,
repealed by
No. 48/1988
s. 38.
No. 6024
s. 447.
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—
S. 447(a)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1),
12/1999
s. 4(Sch. 2
item 6.1).
(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.
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—
191
S. 447(b)
amended by
Nos 10262
s. 4, 12/1989
s. 4(1)(Sch. 2
items 57.97,
57.98),
46/1998
s. 7(Sch. 1).
No. 6024
s. 448.
S. 448
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Health Act 1958
Act No. 6270/1958
Part XX—General and Supplementary
s. 450
(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.
S. 449
repealed by
No. 48/1988
s. 38.
No. 6024
s. 450.
*
*
*
*
*
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.
S. 450(2)
amended by
Nos 9023
s. 40(Sch. 1
Pt A
item 7(17)(l)),
10262 s. 4,
72/1987
s. 16(Sch. 1
item 46)),
46/1998
s. 7(Sch. 1).
Pt 20 Divs 5, 6
repealed.38
(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.
*
*
*
__________________
192
*
*
Health Act 1958
Act No. 6270/1958
Sch. 1
SCHEDULES
*
*
*
_______________
193
*
*
Schs 1–5
repealed.39
Health Act 1958
Act No. 6270/1958
Sch. 6
S. 160.
Sch. 6
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 57.99).
(a) Name in
legible letters
of person
giving notice.
SIXTH SCHEDULE
NOTICE OF BIRTH TO THE MUNICIPAL CLERK
I (a)
hereby give notice:
of (b)
(b) Address of
usual place of
residence.
(c) Name of
mother in
legible letters.
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
(d) Address of
of
19
at (f)
; and
usual place of
residence of
2. That Dr.
and Nurse
are (e) (or, if the
mother.
case so requires, Dr.
or Nurse
is)
(e) Strike out
attending the patient.
what is not
applicable.
(f) Address of
place where
delivery took
place.
(Signature of person giving notice.)
The Municipal Clerk,
Council of
_________________
Schs 7–11
repealed.40
*
*
*
═══════════════
194
*
*
Health Act 1958
Act No. 6270/1958
Endnotes
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.
195
Health Act 1958
Act No. 6270/1958
Endnotes
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
196
Health Act 1958
Act No. 6270/1958
Endnotes
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
197
Health Act 1958
Act No. 6270/1958
Endnotes
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
198
Health Act 1958
Act No. 6270/1958
Endnotes
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:
Commencement Date:
Current State:
2.12.69
2.2.70: Government Gazette 28.1.70 p. 230
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
199
Health Act 1958
Act No. 6270/1958
Endnotes
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
200
Health Act 1958
Act No. 6270/1958
Endnotes
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
201
Health Act 1958
Act No. 6270/1958
Endnotes
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
202
Health Act 1958
Act No. 6270/1958
Endnotes
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
203
Health Act 1958
Act No. 6270/1958
Endnotes
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
204
Health Act 1958
Act No. 6270/1958
Endnotes
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
205
Health Act 1958
Act No. 6270/1958
Endnotes
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
206
Health Act 1958
Act No. 6270/1958
Endnotes
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
207
Health Act 1958
Act No. 6270/1958
Endnotes
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
208
Health Act 1958
Act No. 6270/1958
Endnotes
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
209
Health Act 1958
Act No. 6270/1958
Endnotes
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
This information relates only to the provision/s
Current State:
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
210
Health Act 1958
Act No. 6270/1958
Endnotes
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
211
Health Act 1958
Act No. 6270/1958
Endnotes
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
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
212
Health Act 1958
Act No. 6270/1958
Endnotes
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Metric Conversion (Health Act) Regulations 1974, S.R. No. 241/1974
Date of Making:
11.6.74
Date of Commencement:
11.6.74
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
213
Health Act 1958
Act No. 6270/1958
Endnotes
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
214
Health Act 1958
Act No. 6270/1958
Endnotes
3. Explanatory Details
1
S. 3(1) def. of "abattoir": See section 3 of the Meat Industry Act 1993,
No. 40/1993.
2
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.
3
Ss 11–15:
S. 11 substituted by No. 9023 s. 37(2), amended by No. 10262 s. 4,
repealed by No. 48/1988 s. 4.
Ss 12–15 repealed by No. 9023 s. 37(1)(b).
215
Health Act 1958
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4
Ss 26–29:
Heading preceding s. 26 repealed by No. 48/1988 s. 9(a).
S. 26 repealed by No. 48/1988 s. 9(b).
S. 27 amended by No. 10262 s. 4, repealed by No. 48/1988 s. 9(b).
S. 28 amended by Nos 9023 s. 40(Sch. 1 Pt A item 7(5)(b)), 9244 s. 5,
10262 s. 4, repealed by No. 48/1988 s. 9(b).
S. 29 repealed by No. 48/1988 s. 9(b).
5
Ss 33–36:
S. 33 amended by No. 9076 s. 2, repealed by No. 12/1989 s. 4(1)(Sch. 2
item 57.10).
S. 34 amended by Nos 9244 s. 8, 10262 s. 4, repealed by No. 12/1989
s. 4(1)(Sch. 2 item 57.10).
S. 35 amended by Nos 6867 s. 2(Sch. 1), 9782 s. 2, 10262 s. 4, repealed by
No. 12/1989 s. 4(1)(Sch. 2 item 57.10).
S. 36 amended by No. 9244 s. 9(a)(b), repealed by No. 12/1989 s. 4(1)(Sch.
2 item 57.10).
6
Pt 2 Divs 4, 5:
Pt 2 Div. 4 (Heading) amended by No. 9244 s. 10, repealed by No. 21/1995
s. 29(3)(a).
S. 38 amended by Nos 9244 s. 11(a)–(c), 10262 s. 4, repealed by
No. 12/1989 s. 4(1)(Sch. 2 item 57.11).
Pt 2 Div. 5 (Heading) repealed by No. 21/1995 s. 29(3)(a).
S. 39 amended by Nos 9244 s. 12, 48/1988 s. 9(c), 12/1989 s. 4(1)(Sch. 2
item 57.12), repealed by No. 84/1993 s. 6(1).
7
Pt 4 Div. 1:
Pt 4 Div. 1 (Heading) repealed by No. 21/1995 s. 29(3)(b).
Pt 4 Div. 1 (ss 48–64) amended by Nos 6507 ss 2, 3, 7132 s. 3(1), 7813 s. 2,
7849 s. 3(2)(a)(b), 7909 s. 2(a)(b), S.R. No. 241/1974 reg. 2(b), 8953 s.
5(3)(a), 9076 s. 4(a)(b), 9143 s. 3(a)–(c), 9244 ss 13–16, 9895 s. 2(1)(Sch. 1
item 3(a)), 10016 s. 2, 10081 s. 5(1), 10158 ss 4(Sch. items 2–4), 7, 8(a)(b),
9, 10167 s. 3(1), 10262 s. 4 (as amended by No. 72/1987 s. 18), 48/1988
s. 13(1)(a)(b), 81/1989 s. 3(Sch. item 21.2(a)(c)), amended by No. 12/1989
s. 4(1)(Sch. 2 items 57.13–57.15, 57.19, 57.20, 57.24–57.31), repealed by
No. 12/1989 s. 4(1)(Sch. 2 item 57.21, 57.22).
216
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8
Pt 4 Div. 2:
Pt 4 Div. 2 (Heading and s. 65) amended by Nos 6732 s. 2, 8196
s. 2(a)(i)(ii), 8906 s. 2(a)(b)(i)–(iii), 9076 s. 5, 9244 s. 17(a)–(e), 9782
s. 3(a)(i)–(iv), 10158 s. 10(a)(b), 10262 s. 4, repealed by No. 48/1988
s. 13(1)(c).
9
Pt 4 Div. 3:
Pt 4 Div. 3 (Heading and ss 66, 67) amended by Nos 6505 s. 2, 7332
s. 2(Sch. 1 item 25), 7490 s. 3(a)–(d), 7685 s. 2, 7886 s. 2(1), 7909
s. 3(a)(b), 8906 s. 2(c)–(e), 9023 s. 40(Sch. 1 Pt A item 7(6)), 9244
ss 18(a)–(g), 19, 20, 9902 s. 2(1)(Sch. item 106), 10262 s. 4, 16/1986 s. 30,
24/1987 s. 12(4), 72/1987 s. 16(Sch. 1 item 11), repealed by No. 9720
s. 3(2)(Sch. item 13).
10
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.
11
Pt 4 Div. 5:
Pt 4 Div. 5 (Heading) repealed by No. 21/1995 s. 29(3)(b).
S. 73 repealed by No. 12/1989 s. 4(1)(Sch. 2 item 57.32).
S. 74 amended by Nos 6569 s. 2, 8149 s. 24, 8811 s. 53, repealed by
No. 9162 s. 36(3).
S. 75 amended by No. 121/1986 s. 112, repealed by No. 12/1989
s. 4(1)(Sch. 2 item 57.33).
S. 76 amended by No. 72/1987 s. 11(1), repealed by No. 12/1989
s. 4(1)(Sch. 2 item 57.34).
12
Pt 4 Div. 7:
Pt 4 Div. 7 (Heading) substituted by No. 9076 s. 6(b), repealed by
No. 21/1995 s. 19.
S. 83 amended by Nos 7020 s. 2, 9264 s. 2(a)(i)(ii)(b), 9895 s. 2(1)(Sch. 1
item 3(b)), 72/1987 s. 12, 81/1989 s. 3(Sch. item 21.10), repealed by No.
48/1988 s. 15.
S. 84 repealed by No. 7490 s. 4, new s. 84 inserted by No. 9076 s. 6(a),
amended by Nos 10158 s.11(a)(b), 10262 s. 4, 48/1988 s. 16(b), 81/1989
s. 3(Sch. item 21.11), repealed by No. 21/1995 s. 19.
217
Health Act 1958
Act No. 6270/1958
13
Ss 85, 86:
S. 85 amended by Nos 8404 s. 49(2)(a), S.R. No. 241/1974 reg. 2(c),
repealed by No. 12/1989 s. 4(1)(Sch. 2 item 57.36).
S. 86 repealed by No. 12/1989 s. 4(1)(Sch. 2 item 57.37).
14
Ss 88–91:
S. 88 repealed by No. 9244 s. 22.
S. 89 repealed by No. 9244 s. 23.
Ss 90, 91 repealed by No. 9244 s. 24.
15
Pt 4 Div. 8:
Pt 4 Div. 8 (Heading) repealed by No. 21/1995 s. 29(3)(b).
S. 92 amended by No. 72/1987 s. 4(b)(i)(ii), repealed by No. 48/1988
s. 13(1)(d).
S. 93 amended by Nos 7685 s. 3, 10262 s. 4, 72/1987 s. 4(c), repealed by
No. 12/1989 s. 4(1)(Sch. 2 item 57.39).
16
Pt 5 Div. 1 (Heading and ss 94–105) amended by Nos 6967 s. 4, 7849
s. 3(2)(g), 8953 s. 5(3)(b), 9244 ss 25–28, 9427 s. 4(Sch. 3 item 5), 9512
s. 2(1), 10158 ss 4(Sch. item 5), 12(2)–(4), 13(a)–(c), 10190 s. 3(1)(Sch. 2
item 18), 10262 s. 4, 9/1987 s. 9(Sch. 3 items 8.1–8.5) (as amended by
No. 85/1987 s. 6(1)(a)), 72/1987 s. 16(Sch. 1 item 13), repealed by
No. 48/1988 s. 17(b).
17
Pt 5 Div. 2 (Heading and ss 106–108) amended by Nos 6818 ss 2(2), 3,
4(a)–(c), 7490 s. 5, 7909 s. 4, 8343 s. 3(a)(i)(ii)(b), 8906 s. 2(f), 9244
s. 29(a)(b), 9782 s. 3(b), 9889 ss 3, 4(1)(a)–(d), 10158 s. 4(Sch. item 6),
10189 s. 6(Sch. 1 item 2), 10190 s. 3(1)(Sch. 2 items 19–21), 72/1987 ss 5,
16(Sch. 1 items 14–17), repealed by No. 48/1988 s. 17(b).
18
S. 108AE(7)–(15):
S. 108AE(7) amended by Nos 10179 s. 4(b), 10262 s. 4, repealed by
No. 42/1993 s. 8(7) (as amended by No. 84/1993 s. 7).
S. 108AE(8) amended by No. 10142 s. 5(a), substituted by No. 10179
s. 4(c), repealed by No. 42/1993 s. 8(7) (as amended by No. 84/1993 s. 7).
S. 108AE(9)–(12) inserted by No. 10142 s. 5(b), amended by No. 10262
s. 4, repealed by No. 42/1993 s. 8(7) (as amended by No. 84/1993 s. 7).
S. 108AE(13) inserted by No. 10142 s. 5(b), amended by Nos 10179
s. 4(d)(i)(ii), 10262 s. 4, repealed by No. 42/1993 s. 8(7) (as amended by
No. 84/1993 s. 7).
218
Health Act 1958
Act No. 6270/1958
S. 108AE(14)(15) inserted by No. 10142 s. 5(b), amended by No. 10262
s. 4, repealed by No. 42/1993 s. 8(7) (as amended by No. 84/1993 s. 7).
19
S. 108AL(1): Section 7 of the Health (Radiographers) Act 1990,
No. 76/1990 (as amended by No. 42/1993) reads as follows:
7. Transitionals and savings
(1) A person who, at the date of commencement of
this section, is licensed under the Health
(Radiation Safety) Regulations 1984—
(a) as a medical diagnostic radiographer, is
deemed to be qualified for registration as a
medical imaging technologist; or
(b) as a medical therapy radiographer, is deemed
to be qualified for registration as a radiation
therapy technologist; or
(c) as a nuclear medicine technologist, is
deemed to be qualified for registration as a
nuclear medicine technologist—
by the Medical Radiation Technologists Board of
Victoria established under section 108AL of the
Health Act 1958 (as amended by section 5 of this
Act) and may be registered by that Board subject
to any conditions, limitations or restrictions
imposed on the licence of that person.
(2) The Board established under section 108AL of the
Health Act 1958 of Victoria is deemed to be the
same body after as before its change of name and
the change of name does not affect its status or
identity or anything done by it or its rights or
liabilities or the continuing appointments of its
members.
219
Health Act 1958
Act No. 6270/1958
20
S. 130(5)–(7):
S. 130(5) amended by No. 23/1994 s. 118(Sch. 1 item 24.10), repealed by
No. 21/1995 s. 20(b).
S. 130(6) repealed by No. 21/1995 s. 20(b).
S. 130(7) amended by No. 23/1994 s. 118(Sch. 1 item 24.10), repealed by
No. 21/1995 s. 20(b).
21
Pt 10:
Pt 10 (Heading) repealed by No. 21/1995 s. 29(3)(c).
Pt 10 Div. 1 (Heading) repealed by No. 21/1995 s. 29(3)(c).
Pt 10 Div. 1 Subdiv. 1 (Heading and ss 163–172) amended by Nos 9023
ss 40(Sch. 1 Pt A item 7(10)(a)–(f)), 47(Sch. 1 Pt B item 3(a)–(d)),
52(1)(a)–(c)(2)(3), 57(1)(a), 9479 s. 5, 10262 s. 4, 80/1996 s. 3, repealed by
No. 49/1988 s. 177(1)(a).
Pt 10 Div. 1 Subdiv. 2 (Heading and ss 173–176) amended by Nos 9023
ss 40(Sch. 1 Pt A item 7(10)(g)(h)), 47(Sch. 1 Pt B item 3(e)(f)), 10262
s. 4, repealed by No. 48/1988 s. 23(a).
Pt 10 Div. 2 (Heading and s. 177) amended by Nos 9023 s. 57(1)(b)(c),
10262 s. 4, 80/1996 s. 3, repealed by No. 48/1988 s. 23(b).
Pt 10 Div. 3 (Heading and ss 178–186) amended by Nos 7685 s. 4, 7909
s. 6, 8343 s. 4(a)(i)(ii)(b)(c)–(g), 9023 ss 47(Sch. 1 Pt B item 3(g)–(k)),
54(Sch. 2 item 3), 9737 ss 2(a)(b), 3, 4, 10158 s. 19(a)(b), 10262 s. 4,
72/1987 s. 16(Sch. 1 items 23, 24), repealed by No. 49/1988 s. 177(1)(b).
22
Pt 11:
Pt 11 (Heading) and Div. 1 (Heading and ss 187–200) amended by
Nos 7490 ss 7–9, 8343 s. 5(a)–(c), 8756 ss 2(a)(b), 3(a)(b), 4, 8906
s. 2(h)(i)(ii), (i)(i)(ii), (j), 9023 s. 40(Sch. 1 Pt A item 7(11)), 9244
ss 34(a)(b), 35(a)(b), 9782 s. 3(d)–(f), 10158 s. 4(Sch. items 16, 17), 10262
ss 4, 8(a), 72/1987 ss 8(1)–(3), 13(1)(2), 16(Sch. 1 item 25), repealed by
No. 126/1993 s. 264(Sch. 5 item 8.1).
Pt 11 Div. 1A (Heading and ss 200A–200L) inserted by No. 8343 s. 6(1),
amended by No. 8906 s. 2(k)–(m), repealed by No. 9187 s. 8(1).
Pt 11 Div. 2 (Heading and ss 201–208) amended by Nos 7909 s. 7, 9023
s. 40(Sch. 1 Pt A item 7(12)(a)), 9076 s. 8, 9244 ss 36, 37, 9427 s. 4(Sch. 3
item 5), 10158 s. 20, 10262 s. 4, 121/1986 s. 112, 72/1987 ss 11(2),
16(Sch. 1 item 26), 48/1988 s. 24, 57/1989 s. 3(Sch. item 91.8), repealed
by No. 126/1993 s. 264(Sch. 5 item 8.1).
220
Health Act 1958
Act No. 6270/1958
23
Pt 11A (repealed): Section 61 of the Children's Services Act 1996,
No. 53/1996 reads as follows:
61. Transitional and saving provisions
(1) A children's services centre which was—
(a) registered under section 208C of the Health
Act 1958; or
(b) exempted from being registered under that
Act—
immediately before the commencement of this
section is deemed to be a children's service
licensed to operate under this Act at the premises
which, at that commencement, were the premises
of the registered children's services centre for the
remainder of the period for which that centre was
registered under section 208C or exempted from
being registered under that Act and for a further
3 months after the end of that period.
(2) A person who was nominated under section
208 C(4)(c) of the Health Act 1958 to manage a
centre referred to in sub-section (1) immediately
before the commencement of this section
continues to be a person who can manage or
operate a children's service at the premises which,
at that commencement, were the premises of the
registered children's services centre in the absence
from the premises of the licensee of the service for
the remainder of the period for which that centre
was registered under section 208C and for a
further 3 months after the end of that period.
(3) If a children's service was operating from a
children's services centre or child minding centre
which was—
(a) a relevant centre within the meaning of
regulation 118 of the Children's Services
Centres Regulations 1988; and
221
Health Act 1958
Act No. 6270/1958
(b) registered under section 208C of the Health
Act 1958—
immediately before the commencement of this
section—
(c) the children's service is exempted from any
requirements under this Act relating to the
maximum number of places for children
corresponding with regulation 8 of the
Children's Services Centres Regulations
1988 for the remainder of the period for
which that centre was registered under
section 208C;
(d) the proprietor of the children's service is
exempted from any requirements under this
Act relating to the approval of that person as
a proprietor of a children's service
corresponding with regulation 13 of the
Children's Services Centres Regulations
1988 for the remainder of the period for
which that centre was registered under
section 208C;
(e) the children's service is exempted from
complying with any requirements under this
Act relating to space, lighting, junior toilets,
fencing and gates and power outlets
corresponding with the requirements of the
Children's Services Centres Regulations
1988 referred to in regulation 118 for 5 years
after the commencement of this section in
respect of the premises where the children's
service was operating immediately before
that commencement if the requirements of
the Child Minding Centres Regulations 1984
and the Health (Pre-School Centres
Building) Regulations 1984 referred to in
regulation 118 are complied with during that
period.
222
Health Act 1958
Act No. 6270/1958
24
S. 208A: The amendments proposed by section 12 of the Education
(Preschools) Act 1997, No. 82/1997 are not included in this publication
because section 208A was repealed by section 57 of the Children's
Services Act 1996, No. 53/1996.
25
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, boardinghouse, 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.
26
Pt 12 Divs 2–7:
Pt 12 Div. 2 (Heading and ss 213–219) amended by Nos 7490 s. 10, 8343
s. 8(b), 9568 s. 3, 10262 s. 4, 72/1987 s. 16(Sch. 1 item 29), repealed by
No. 48/1988 s. 25(2).
Pt 12 Div. 3 (Heading and s. 220) amended by Nos 6507 s. 6, 7490 s. 11,
9076 s. 9(a)(b), 97/1987 s. 181(6)(i), repealed by No. 48/1988 s. 25(2).
Pt 12 Div. 3A (Heading and ss 220A–220F) inserted by No. 8501 s. 2,
amended by Nos 9076 s. 10(a)(b), 9374 ss 2(1)(a)–(c)(2)–(4), 3, 4(1)(2), 5,
6, 7(a)–(c), 10158 ss 4(Sch. items 19, 20), 21 10262 s. 4, repealed by No.
49/1988 s. 177(1)(c).
Pt 12 Div. 4 (Heading and s. 221) amended by No. 12/1989 s. 4(1)(Sch. 2
item 57.48), repealed by No. 48/1988 s. 25(4).
Pt 12 Div. 5 (Heading and ss 222–226) amended by No. 7490 s. 12,
repealed by No. 10082 s. 3(1)(Sch. item 4).
Pt 12 Div. 6 (Heading and s. 227) amended by No. 7132 s. 4, repealed by
No. 10082 s. 3(1)(Sch. item 4).
Pt 12 Div. 7 (Heading and ss 227A–227F) inserted by No. 6967 s. 5,
repealed by No. 10082 s. 3(1)(Sch. item 4).
223
Health Act 1958
Act No. 6270/1958
27
Pt 14 (Heading and ss 229–304):
Pt 14 (Heading and ss 229–304) amended by Nos 6507 s. 7, 6716
s. 2(Sch. 1), 6732 s. 4, 6756 ss 2–5, 6867 s. 2(Sch. 2), 6883 s. 2(a)–(c),
6967 s. 6, 7020 s. 3, 7132 s. 5(1)(2), 7282 ss 2(2)(a)(b), 3(2), 7490
ss 13–16, 7685 s. 7(b)(d), 7909 ss 8, 9, 8181 s. 2(1)(Sch. item 59), 8343
ss 9, 10(1), 8642 s. 4, S.R. No. 241/1974 reg. 2(d)–(f), 8674 ss 2, 3, 9019
s. 2(1)(Sch. item 85), 9023 s. 40(Sch. 1 Pt A item 7(13)(a)–(m)(14)
(a)–(k)(15)(a)(b)), 9076 ss 11(a), 12(a), 13, 14, 9244 ss 38–41, 9359 ss 2–6,
9427 s. 6(1)(Sch. 5 item 64), 9902 s. 2(1)(Sch. items 111, 112), 10082
s. 3(1)(Sch. items 5–20), 10158 ss 4(Sch. items 21–25), 22, 23(a)(b), 10179
s. 7, 10262 ss 4, 10(a)(b), 16/1986 s. 30, 124/1986 ss 72, 73(2)(b)(c),
72/1987 s. 16(Sch. 1 items 31–38), 81/1987 s. 45, 48/1988 s. 26, 57/1989
s. 3(Sch. item 91.9), 1/1990 s. 4, 84/1993 s. 6(3), 23/1994 s. 118(Sch. 1
items 24.18, 24.19), 79/1994 s. 73(b)(i)(ii)(c), 21/1995 ss 25(a)(b), 27(1)(a),
58/1997 s. 96(Sch. item 5), 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2
item 6.1), repealed by No. 33/2001 s. 18(2).
28
Pt 15 Div. 2 (Heading and ss 328–332) amended by No. 8404
s. 49(2)(c)(ii), repealed by No. 9244 s. 44.
29
Pt 16 (Heading and ss 333, 334) repealed by No. 9244 s. 45.
30
Pt 17 (Heading and ss 335–363) amended by No. 9203 s. 40(Sch. 1 Pt A
item 7(16)(a)), repealed by No. 9244 s. 46.
31
Pt 18 (Heading) repealed by No. 9719 s. 134(b).
S. 364 amended by No. 7685 s. 7(e), repealed by No. 9719 s. 134(c).
S. 365 amended by Nos 9023 s. 40(Sch. 1 Pt A item 7(16)(b)), 9076 s. 16,
repealed by No. 9719 s. 134(c).
S. 366 repealed by No. 9719 s. 134(c).
32
Ss 379–383A amended by Nos 8343 s. 11, 10262 s. 4, repealed by
No. 12/1989 s. 4(1)(Sch. 2 items 57.50–57.55).
33
Ss 392–396 amended by Nos 6732 s. 3, 10262 s. 4, repealed by
No. 12/1989 s. 4(1)(Sch. 2 items 57.61–57.65).
34
Ss 397–399 amended by Nos 10262 s. 4, 72/1987 s. 16(Sch. 1 item 42),
repealed by No. 12/1989 s. 4(1)(Sch. 2 items 57.66–57.68).
35
Ss 415–417:
S. 415 repealed by No. 48/1988 s. 34.
Ss 416, 417 repealed by No. 12/1989 s. 4(1)(Sch. 2 items 57.77, 57.78).
36
S. 422(2)(a): See section 391(1)(h).
224
Health Act 1958
Act No. 6270/1958
37
Ss 430–433:
S. 430 repealed by No. 48/1988 s. 36.
S. 431 repealed by No. 72/1987 s. 16(Sch. 1 item 44).
S. 432 amended by No. 7065 s. 2(Sch.), repealed by No. 12/1989
s. 4(1)(Sch. 2 item 57.83).
S. 433 amended by No. 9023 s. 40(Sch. 1 Pt A item 7(17)(e)(f)), repealed
by No. 12/1989 s. 4(1)(Sch. 2 item 57.84).
38
Pt 20 Divs 5, 6:
Pt 20 Div. 5 (Heading and s. 451) amended by Nos 119/1986 s. 142(Sch. 2
item 7), 72/1987 s. 16(Sch. 1 item 47), repealed by No. 48/1988 s. 38.
Pt 20 Div. 6 (Heading) repealed by No. 72/1987 s. 16(Sch. 1 item 48);
Div. 6 (s. 452) amended by S.R. No. 241/1974 reg. 2(h)(i)–(iii), Nos 8661
s. 35, 9427 s. 6(1)(Sch. 5 item 66), repealed by No. 9720 s. 3(2)(Sch.
item 38).
39
Schs 1–5:
Sch. 1 repealed by No. 42/1993 s. 16(1).
Sch. 2 amended by Nos 6716 s. 2(Sch. 1), 6917 s. 5, 6961 s. 2(Sch.), 6967
s. 8(c), 7065 s. 2(Sch.), 7354 s. 2, 7355 s. 45, 7455 s. 10(2), 7772 s. 32,
8181 s. 2(1)(Sch. item 58), 8276 s. 70(3), 8324 s. 7, 8344 s. 26(2), 8506
s. 12, 8630 s. 13(2), 9076 s. 18, repealed by No. 9023 s. 37(1)(b).
Sch. 3 amended by GGs 27.7.66 p. 2662, 19.10.66 p. 3629, 6.5.70 p. 1211,
22.12.71 p. 3905, 8.11.72 pp 3557, 3558, Nos 7211 s. 2, 10158 s. 12(5),
127/1986 s. 102(Sch. 4 item 11.2), repealed by No. 48/1988 s. 17(f).
Sch. 4 repealed by No. 48/1988 s. 17(f).
Sch. 5 substituted by Nos 6707 s. 3, 7250 s. 3, 8101 s. 3, repealed by
No. 10158 s. 17.
40
Schs 7–11:
Sch. 7 amended by GGs 13.2.74 pp 378–381, 6.3.74 p. 559, repealed by
No. 9244 s. 54.
Schs 8–10 repealed by No. 9244 s. 54.
Sch. 11 substituted by No. 6507 s. 8, amended by Nos 6967 s. 9, 7122
s. 2(c), substituted by Nos 7490 s. 21, 8196 s. 2(d), 8756 s. 6, 8906 s. 2(q),
amended by No. 9244 s. 55, substituted by No. 9782 s. 4, amended by
Nos 10082 s. 3(1)(Sch. item 24), 10087 s. 3(1)(Sch. 1 item 104), 10158
ss 12(6), 27, 73/1987 s. 15(b), repealed by No. 72/1987 s. 9(d).
225