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Western Australia
Public Health (Consequential Provisions)
Bill 2014
Contents
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
Part 2 — Health Act 1911 amended
Division 1 — Act amended
3. Act amended 3
Division 2 — Long title and Part I amended
4. Long title amended 3
5. Section 1 amended 3
6. Section 3 amended 3
7. Section 5 amended 4
Division 3 — Part II amended
8. Section 12 replaced 5
12. Powers of Chief Health Officer and authorised officers 5
13A. CEO and Chief Health Officer may delegate 6
9. Sections 27 to 34 deleted 7
10. Section 39 amended 7
Division 4 — Part IV amended
11. Part IV Division 6 deleted 7
Division 5 — Part VI amended
12. Section 173 amended 7
13. Section 179 amended 8
Division 6 — Part VIIA amended
Subdivision 1 — Part VIIA Division 1 amended
14. Section 202 amended 9
Public Health (Consequential Provisions) Bill 2014
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15. Section 203 amended 9
Subdivision 2 — Part VIIA Divisions 5, 6 and 7
amended
16. Section 225 amended 10
17. Section 226 amended 10
18. Section 227 amended 11
19. Section 228 amended 11
20. Section 234 amended 12
21. Section 235 amended 13
22. Section 237 amended 13
23. Section 238 amended 13
24. Section 242 amended 13
25. Section 243 amended 14
26. Section 244 amended 14
Subdivision 3 — Part VIIA Division 8 amended
27. Section 246B amended 14
28. Section 246BA amended 15
29. Section 246C amended 15
Subdivision 4 — Part VIIA Division 9 amended
30. Section 246D amended 15
Division 7 — Part VIIIA amended
31. Section 247AA inserted 16
247AA. Terms used 16
32. Section 247A amended 16
33. Section 247BA inserted 17
247BA. Term of office and vacation of office 17
34. Section 247B amended 19
35. Section 247D amended 20
Division 8 — Part XIII amended
36. Section 335 amended 21
37. Section 336 amended 22
38. Section 336A amended 23
39. Section 336B amended 24
40. Sections 338 to 338C deleted 25
Division 9 — Parts XIIIA to XIIIC amended
Subdivision 1 — Part XIIIA amended
41. Section 340A amended 25
42. Section 340B amended 26
43. Section 340C amended 27
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44. Section 340D amended 27
45. Section 340E amended 28
46. Section 340F replaced 28
340F. When office of member becomes vacant 28
47. Section 340G amended 30
48. Section 340H replaced 31
340H. Meetings and procedure of Committee 31
49. Section 340I amended 32
50. Section 340K replaced 32
340K. Functions of Committee 32
340LA. Further provisions relating to proceedings of Committee 33
340LB. Contents of notification confidential 34
51. Section 340L amended 34
52. Section 340M amended 35
53. Section 340N deleted 35
Subdivision 2 — Part XIIIB amended
54. Section 340AA amended 35
55. Section 340AB amended 36
56. Section 340AC amended 37
57. Section 340AD amended 38
58. Section 340AE amended 38
59. Section 340AF replaced 39
340AF. When office of member becomes vacant 39
60. Section 340AG amended 40
61. Section 340AH replaced 41
340AH. Meetings and procedure of Committee 41
62. Section 340AI amended 42
63. Section 340AJ amended 42
64. Section 340AK replaced 43
340AK. Functions of Committee 43
340ALA. Further provisions relating to proceedings of Committee 44
340ALB. Contents of notification confidential 45
65. Section 340AL amended 45
66. Section 340AM amended 47
67. Section 340AN deleted 47
Subdivision 3 — Part XIIIC amended
68. Section 340BA amended 47
69. Section 340BB amended 48
70. Section 340BC amended 49
71. Section 340BD amended 49
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72. Section 340BE amended 50
73. Section 340BF replaced 51
340BF. When office of member becomes vacant 51
74. Section 340BG amended 52
75. Section 340BH replaced 53
340BH. Meetings and procedure of Committee 53
76. Section 340BI amended 54
77. Section 340BJ amended 54
78. Section 340BK replaced 54
340BK. Functions of Committee 54
340BLA. Further provisions relating to proceedings of Committee 56
340BLB. Contents of notification confidential 56
79. Section 340BL amended 57
80. Section 340BM amended 57
81. Section 340BN deleted 58
Division 10 — Parts XIV and XV and Schedules
amended
82. Section 341 amended 58
83. Section 342 amended 58
84. Section 344 amended 59
85. Section 344A amended 59
86. Section 344B amended 60
87. Section 349 amended 60
88. Section 351 amended 60
89. Section 357 amended 61
90. Section 362 amended 61
91. Section 365 amended 61
92. Section 366 amended 62
93. Section 376 amended 63
94. Section 377 amended 63
95. Section 379 inserted 64
379. Transitional provisions for Public Health (Consequential Provisions) Act 2014 64
96. Schedule 5 amended 64
97. Schedule 6 inserted 64
Schedule 6 — Transitional provisions for Public Health (Consequential Provisions) Act 2014
1. References to Health Act 1911 may be taken to be references to Health (Miscellaneous Provisions) Act 1911 64
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2. Continuing effect of things done by Executive Director, Public Health and Executive Director, Personal Health 65
3. References to former titles 65
4. Transitional provisions for Local Health Authorities Analytical Committee 65
5. Transitional provisions for Maternal Mortality Committee, Perinatal and Infant Mortality Committee and Anaesthetic Mortality Committee 66
Division 11 — General amendments
98. Other provisions amended 67
99. Various references to “Executive Director, Public Health” and “Executive Director, Personal Health” amended 73
Part 3 — Amendments to other Acts
and repeals
Division 1 — Amendments resulting from
renaming of Health Act 1911
100. Various references to “Health Act 1911” amended 78
Division 2 — Amendments resulting from
abolition of Executive Director, Public
Health
101. Various references to “Executive Director”
amended 80
Division 3 — Anatomy Act 1930 amended
102. Act amended 81
103. Section 2 amended 81
104. Various references to “Executive Director” amended 82
Division 4 — Biosecurity and Agriculture
Management Act 2007 amended
105. Act amended 82
106. Section 4 amended 83
107. Section 184 amended 83
Division 5 — Blood Donation (Limitation of
Liability) Act 1985 amended
108. Act amended 83
109. Section 3 amended 83
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Division 6 — Cat Act 2011 amended
110. Act amended 84
111. Section 3 amended 84
112. Section 43 amended 85
113. Section 48 amended 85
114. Section 49 amended 86
Division 7 — Constitution Acts Amendment
Act 1899 amended
115. Act amended 86
116. Schedule V amended 86
Division 8 — Cremation Act 1929 amended
117. Act amended 87
118. Section 2 amended 87
119. Section 8A amended 87
120. Section 8B amended 87
121. Various references to “Executive Director”
amended 88
Division 9 — The Criminal Code amended
122. Act amended 88
123. Section 199 amended 88
124. Section 306 amended 89
Division 10 — Dog Act 1976 amended
125. Act amended 89
126. Section 3 amended 89
127. Section 11 amended 90
128. Section 29 amended 90
129. Section 47 amended 90
130. Section 52 amended 90
Division 11 — Fair Trading Act 2010 amended
131. Act amended 90
132. Section 15 amended 91
133. Section 34 deleted 91
134. Schedule 1 amended 91
Division 12 — Fire Brigades Act 1942 amended
135. Act amended 91
136. Section 33 amended 91
137. Section 33A amended 91
138. Section 48 replaced 92
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48. FES Commissioner to provide information to Chief Health Officer 92
Division 13 — Food Act 2008 amended
139. Act amended 93
140. Section 8 amended 93
141. Section 56 amended 93
142. Section 57 amended 93
143. Section 122 amended 94
144. Section 123 amended 94
145. Section 126 amended 94
Division 14 — Health Legislation Administration
Act 1984 amended
146. Act amended 94
147. Section 3 amended 95
148. Section 6 amended 95
149. Section 7 deleted 96
150. Section 8 amended 96
151. Section 9 amended 96
Division 15 — Hospitals and Health Services
Act 1927 amended
152. Act amended 97
153. Section 2 amended 97
154. Section 3 amended 97
155. Section 10 amended 97
156. Section 35A amended 98
157. Section 37 amended 98
158. Section 38 amended 98
Division 16 — Human Reproductive Technology
Act 1991 amended
159. Act amended 99
160. Section 3 amended 99
161. Section 8 amended 99
162. Section 39 amended 99
163. Section 60A inserted 100
60A. Public Health Officials 100
Division 17 — Liquor Control Act 1988 amended
164. Act amended 101
165. Section 69 amended 101
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Division 18 — Local Government Act 1995
amended
166. Act amended 101
167. Section 3.5 amended 101
Division 19 — Marketing of Potatoes Act 1946
amended
168. Act amended 102
169. Section 22B amended 102
Division 20 — Medicines and Poisons Act 2014
amended
170. Act amended 102
171. Long title amended 103
172. Section 16 amended 103
173. Part 11 Division 1 heading replaced 103
Division 1 — Health (Miscellaneous Provisions) Act 1911 amended
174. Section 148 amended 103
Division 21 — Mental Health Act 1996 amended
175. Act amended 103
176. Section 148C amended 104
Division 22 — Mental Health Legislation
Amendment Act 2014 amended
177. Act amended 105
178. Sections 66 and 67 replaced 105
66. Section 3 amended 105
67. Section 6 amended 105
179. Section 86 amended 105
Division 23 — Parental Support and
Responsibility Act 2008 amended
180. Act amended 106
181. Section 3 amended 106
Division 24 — Poisons Act 1964 amended
182. Act amended 106
183. Section 5 amended 106
184. Section 6 amended 106
185. Section 60 amended 107
186. Section 64 amended 107
Division 25 — Prisons Act 1981 amended
187. Act amended 107
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188. Section 95C amended 107
Division 26 — Rottnest Island Authority Act 1987
amended
189. Act amended 108
190. Section 3 amended 108
191. Section 45 amended 108
Division 27 — School Education Act 1999
amended
192. Act amended 109
193. Section 27 amended 109
Division 28 — Spent Convictions Act 1988
amended
194. Act amended 110
195. Schedule 3 amended 110
Division 29 — Tobacco Products Control
Act 2006 amended
196. Act amended 110
197. Section 78 amended 110
198. Section 82 amended 111
199. Section 113 amended 111
200. Section 125 amended 111
201. Glossary amended 111
Division 30 — University Medical School,
Teaching Hospitals, Act 1955 amended
202. Act amended 112
203. Section 2 amended 112
204. Section 5 amended 112
Division 31 — Waste Avoidance and Resource
Recovery Act 2007 amended
205. Act amended 113
206. Section 3 amended 113
207. Section 7 amended 113
208. Section 58 amended 114
209. Section 71 amended 114
Division 32 — Repeals
210. Certain provisions repealed if not commenced: Medicines and Poisons Act 2014 114
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211. Certain provisions repealed if not commenced: Mental Health Legislation Amendment Act 2014 115
212. Subsidiary legislation repealed 117
Part 4 — Health (Miscellaneous
Provisions) Act 1911 amended
Division 1 — Act amended
213. Act amended 118
Division 2 — Part I amended
214. Section 3 amended 118
215. Section 5 deleted 118
216. Section 6 deleted 118
Division 3 — Part II amended
217. Section 7 deleted 118
218. Section 12 deleted 118
219. Sections 13 and 14 deleted 118
220. Section 15 deleted 119
221. Section 16 deleted 119
222. Section 17 deleted 119
223. Part II Division 2 heading deleted 119
224. Sections 22 and 25 deleted 119
225. Section 26 deleted 119
226. Section 35 deleted 119
227. Section 36 deleted 119
228. Section 38 deleted 119
229. Part II Division 3 deleted 119
Division 4 — Part III deleted
230. Part III deleted 120
Division 5 — Part IV amended
231. Sections 53 to 63A deleted 120
232. Section 64 amended 120
233. Sections 65 to 71 deleted 120
234. Sections 72 and 73 deleted 120
235. Section 74 amended 120
236. Sections 75 to 94 deleted 121
237. Part IV Divisions 3 to 5 and 7 to 9 deleted 121
Division 6 — Part V deleted
238. Part V deleted 121
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Division 7 — Part VI deleted
239. Part VI deleted 121
Division 8 — Part VII deleted
240. Part VII deleted 121
Division 9 — Part VIIA amended
Subdivision 1 — Amendments to Part VIIA heading
241. Part VIIA heading amended 121
242. Part VIIA heading replaced 122
Part VIIA — Analysts
Subdivision 2 — Part VIIA Division 1 amended
243. Section 203 deleted 122
244. Part VIIA Division 1 deleted 122
Subdivision 3 — Part VIIA Division 8 deleted
245. Part VIIA Division 8 deleted 122
Division 10 — Part IX amended
246. Part IX heading and Part IX Division 1 heading
deleted 122
247. Section 248 deleted 122
248. Section 249 deleted 122
249. Sections 250 to 275 deleted 122
250. Part IX Division 2 deleted 123
Division 11 — Part IXA deleted
251. Part IXA deleted 123
Division 12 — Part X deleted
252. Part X deleted 123
Division 13 — Part XI deleted
253. Part XI deleted 123
Division 14 — Part XIII amended
254. Section 340 deleted 123
Division 15 — Parts XIV and XV and Schedules
amended
255. Part XIV heading amended 123
256. Section 341 amended 123
257. Section 342 deleted 123
258. Section 344C amended 124
259. Sections 343 to 348A deleted 124
260. Sections 349 to 352 deleted 124
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261. Section 353 deleted 124
262. Sections 354 and 355 deleted 124
263. Section 356 deleted 124
264. Section 357 deleted 124
265. Sections 358 and 359 deleted 124
266. Section 360 amended 124
267. Section 361 amended 125
268. Section 362 amended 125
269. Section 366 deleted 126
270. Section 367 deleted 126
271. Section 368 deleted 126
272. Sections 369 to 371 deleted 126
273. Sections 373 and 374 deleted 126
274. Section 376 deleted 126
275. Section 377 amended 126
276. Section 377 deleted 126
277. Section 378 deleted 127
278. Schedule 1 deleted 127
279. Schedule 2 deleted 127
280. Schedule 4 deleted 127
281. Schedule 5 amended 127
Part 5 — Other Acts amended
Division 1 — Biosecurity and Agriculture
Management Act 2007 amended
282. Act amended 129
283. Section 4 amended 129
284. Section 184 amended 129
Division 2 — Blood Donation (Limitation of
Liability) Act 1985 amended
285. Act amended 129
286. Section 3 amended 130
Division 3 — Botanic Gardens and Parks
Authority Act 1998 amended
287. Act amended 130
288. Section 44A inserted 130
44A. Chief Health Officer responsible for public health matters 130
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Division 4 — Country Areas Water Supply
Act 1947 amended
289. Act amended 132
290. Section 12 replaced 132
12. Pollution of water 132
Division 5 — Cremation Act 1929 amended
291. Act amended 132
292. Section 8A amended 132
Division 6 — Dog Act 1976 amended
293. Act amended 133
294. Section 52 amended 133
Division 7 — Equal Opportunity Act 1984
amended
295. Act amended 133
296. Section 66U amended 133
Division 8 — Fair Trading Act 2010 amended
297. Act amended 133
298. Schedule 1 amended 134
Division 9 — Gaming and Wagering Commission
Act 1987 amended
299. Act amended 134
300. Section 55 amended 134
Division 10 — Housing Act 1980 amended
301. Act amended 134
302. Section 5 amended 134
Division 11 — Human Reproductive Technology
Act 1991 amended
303. Act amended 135
304. Section 39 amended 135
Division 12 — Land Administration Act 1997
amended
305. Act amended 135
306. Section 53A inserted 135
53A. Chief Health Officer responsible for public health matters in class A reserves 135
Division 13 — Liquor Control Act 1988 amended
307. Act amended 137
308. Section 39 amended 137
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309. Section 69 amended 137
310. Section 95 amended 137
Division 14 — Marketing of Potatoes Act 1946
amended
311. Act amended 137
312. Section 22B amended 138
Division 15 — Medicines and Poisons Act 2014
amended
313. Act amended 138
314. Section 16 amended 138
315. Section 155 deleted 139
Division 16 — Metropolitan Water Supply,
Sewerage, and Drainage Act 1909
amended
316. Act amended 139
317. Section 17 replaced 139
17. Pollution of water 139
Division 17 — Misuse of Drugs Act 1981
amended
318. Act amended 139
319. Section 3 amended 140
320. Section 38D amended 140
321. Part VII Division 3 inserted 141
Division 3 — Provisions for Public Health (Consequential Provisions) Act 2014
49. Transitional provision for registered analysts 141
Division 18 — Poisons Act 1964 amended
322. Act amended 142
323. Section 6 amended 142
324. Section 60 amended 142
325. Section 64 amended 142
Division 19 — Public Health Act 2014 amended
326. Act amended 143
327. Section 291 amended 143
Division 20 — Rates and Charges (Rebates and
Deferments) Act 1992 amended
328. Act amended 143
329. Section 3 amended 143
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Division 21 — Road Safety Council Act 2002
amended
330. Act amended 144
331. Section 6 amended 144
Division 22 — Road Traffic Act 1974 amended
332. Act amended 144
333. Section 70 amended 144
Division 23 — Rottnest Island Authority Act 1987
amended
334. Act amended 144
335. Section 45 replaced 145
45. Chief Health Officer responsible for public health matters 145
Division 24 — Sentencing Act 1995 amended
336. Act amended 146
337. Schedule 1 amended 146
Division 25 — Swan and Canning Rivers
Management Act 2006 amended
338. Act amended 146
339. Schedule 5 amended 146
Division 26 — Veterinary Chemical Control and
Animal Feeding Stuffs Act 1976 amended
340. Act amended 147
341. Section 9 amended 147
342. Section 9 replaced 147
9. Act to be construed subject to certain laws 147
Division 27 — Waste Avoidance and Resource
Recovery Act 2007 amended
343. Act amended 148
344. Section 7 amended 148
Division 28 — Water Services Act 2012 amended
345. Act amended 148
346. Section 33 amended 148
347. Section 214 amended 148
348. Section 216 amended 149
Division 29 — Waterways Conservation Act 1976
amended
349. Act amended 149
Public Health (Consequential Provisions) Bill 2014
Contents
page xvi
350. Section 5 amended 149
Part 6 — Repeals
351. Provision repealed if not commenced 150
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Public Health (Consequential Provisions)
Bill 2014
A Bill for
An Act to amend the Health Act 1911 and various other Acts as a
consequence of the enactment of the Public Health Act 2014, and for
related purposes.
The Parliament of Western Australia enacts as follows:
Public Health (Consequential Provisions) Bill 2014
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary 1
1. Short title 2
This is the Public Health (Consequential Provisions) Act 2014. 3
2. Commencement 4
(1) This Act comes into operation as follows — 5
(a) Part 1 — on the day on which this Act receives the 6
Royal Assent; 7
(b) Parts 2 and 3 — on a day fixed by proclamation; 8
(c) the rest of the Act — on a day fixed by proclamation, 9
and different days may be fixed for different provisions. 10
(2) The day or days fixed under subsection (1)(c) must be later than 11
the day fixed under subsection (1)(b). 12
(3) Subsection (1)(b) is subject to sections 210 and 211. 13
(4) Subsection (1)(c) is subject to section 351. 14
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Act amended Division 1
s. 3
page 3
Part 2 — Health Act 1911 amended 1
Division 1 — Act amended 2
3. Act amended 3
This Part amends the Health Act 1911. 4
Division 2 — Long title and Part I amended 5
4. Long title amended 6
In the long title delete “consolidate and amend the law 7
relating to” and insert: 8
9
deal with certain matters concerning 10
11
5. Section 1 amended 12
In section 1(1) after “Health” insert: 13
14
(Miscellaneous Provisions) 15
16
6. Section 3 amended 17
(1) In section 3(1) delete the definitions of: 18
Analytical Committee 19
environmental health officer 20
Executive Director, Personal Health 21
Executive Director, Public Health 22
medical officer 23
public health official 24
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 2 Long title and Part I amended
s. 7
page 4
(2) In section 3(1) insert in alphabetical order: 1
2
Analytical Committee has the meaning given in 3
section 247AA; 4
authorised officer has the meaning given in 5
subsection (2A); 6
Chief Health Officer has the meaning given in the 7
Public Health Act 2014 section 4(1); 8
nurse means a person registered under the Health 9
Practitioner Regulation National Law (Western 10
Australia) in the nursing and midwifery profession 11
whose name is entered on the Register of Nurses kept 12
under that Law; 13
14
(3) In section 3(1) in the definition of apparatus for the treatment 15
of sewage delete “Executive Director, Public Health” and insert: 16
17
Chief Health Officer 18
19
(4) After section 3(1) insert: 20
21
(2A) A reference in a provision of this Act to an authorised 22
officer is a reference to a person designated as an 23
authorised officer under the Public Health Act 2014 24
section 24(1) whose designation has effect for the 25
purposes of that provision. 26
27
7. Section 5 amended 28
In section 5(3): 29
(a) delete “CEO” and insert: 30
31
Chief Health Officer 32
33
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part II amended Division 3
s. 8
page 5
(b) delete “his” and insert: 1
2
the Chief Health Officer’s 3
4
Division 3 — Part II amended 5
8. Section 12 replaced 6
Delete section 12 and insert: 7
8
12. Powers of Chief Health Officer and authorised 9
officers 10
(1) The Chief Health Officer, and any authorised officer 11
acting with the Chief Health Officer’s authority, has all 12
the powers of an authorised officer of a local 13
government, and may exercise those powers in any part 14
of the State, and the Chief Health Officer has all the 15
rights and powers that the local government would 16
have in case its authorised officer exercised the power, 17
or to enable its authorised officer to exercise the power. 18
(2) Any provision of this Act conferring any power on an 19
authorised officer of a local government, or relating to 20
or connected with the exercise or intended exercise, or 21
the consequences of the exercise of any power by an 22
authorised officer of a local government, are to be 23
construed and have effect for the purposes of this 24
section as if — 25
(a) the references in the provision to an authorised 26
officer of the local government extended to the 27
Chief Health Officer or any authorised officer 28
acting with the Chief Health Officer’s 29
authority; and 30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 3 Part II amended
s. 8
page 6
(b) all references in the provision to a local 1
government extended to the Chief Health 2
Officer. 3
13A. CEO and Chief Health Officer may delegate 4
(1) In this section — 5
departmental officer — 6
(a) means a public service officer employed in the 7
Department; and 8
(b) includes a public service officer appointed for 9
the purposes of, or to assist in the 10
administration of, an Act to which the Health 11
Legislation Administration Act 1984 applies 12
under section 4 of that Act; 13
employed in the Department includes seconded to 14
perform functions or services for, or duties in the 15
service of, the Department. 16
(2) The CEO may delegate to a departmental officer all or 17
any of the functions that the CEO has under this Act, 18
other than this power of delegation. 19
(3) The Chief Health Officer may delegate to a 20
departmental officer all or any of the functions that the 21
Chief Health Officer has under this Act, other than this 22
power of delegation. 23
(4) A delegation made under subsection (2) or (3) may 24
expressly authorise the delegate to further delegate the 25
function to another person. 26
(5) A delegation or subdelegation made under this section 27
must be in writing and signed by the delegator. 28
(6) A person performing a function that has been delegated 29
to the person under, or as authorised under, this section 30
is to be taken to do so in accordance with the terms of 31
the delegation unless the contrary is shown. 32
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part IV amended Division 4
s. 9
page 7
(7) Nothing in this section limits the ability of the CEO or 1
the Chief Health Officer to act through an officer or 2
agent. 3
4
9. Sections 27 to 34 deleted 5
Delete sections 27 to 34. 6
10. Section 39 amended 7
In section 39(1) and (2) delete “Executive Director, Personal 8
Health, Executive Director, Public Health” (each occurrence) 9
and insert: 10
11
Chief Health Officer 12
13
Division 4 — Part IV amended 14
11. Part IV Division 6 deleted 15
Delete Part IV Division 6. 16
Division 5 — Part VI amended 17
12. Section 173 amended 18
(1) In section 173 delete the definition of relevant certifying 19
officer. 20
(2) In section 173: 21
(a) in the definition of authorised person delete 22
paragraph (a) and insert: 23
24
(a) an authorised officer; or 25
26
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 5 Part VI amended
s. 13
page 8
(b) in the definition of public building delete “hospital;” 1
and insert: 2
3
hospital. 4
5
13. Section 179 amended 6
(1) In section 179(6) delete “the relevant certifying officer to which 7
is attached a copy of a direction given under subsection (2) or 8
subsection (3)(c) or (d)” and insert: 9
10
the authorised person who gave a direction under subsection (2) 11
or (3)(c) or (d), to which is attached a copy of the direction, 12
13
(2) After section 179(6) insert: 14
15
(7) Any statement made under subsection (6) before the 16
Public Health (Consequential Provisions) Act 2014 17
section 13 (section 13) comes into operation and that 18
would have been sufficient evidence in accordance 19
with subsection (6) (as that subsection existed 20
immediately before section 13 comes into operation) 21
continues to be sufficient evidence in accordance with 22
subsection (6) as if it had been made by the authorised 23
person who gave the direction to which the statement 24
relates. 25
26
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part VIIA amended
Division 6
s. 14
page 9
Division 6 — Part VIIA amended 1
Subdivision 1 — Part VIIA Division 1 amended 2
14. Section 202 amended 3
(1) Delete section 202(2)(a) and insert: 4
5
(a) one shall be the Chief Health Officer or a 6
medical practitioner nominated by the Chief 7
Health Officer; and 8
9
(2) In section 202(3) delete “Executive Director, Public Health, or 10
the medical officer” and insert: 11
12
Chief Health Officer, or the medical practitioner 13
14
15. Section 203 amended 15
In section 203(1): 16
(a) delete “Executive Director, Public Health,” 17
(1st occurrence) and insert: 18
19
Chief Health Officer 20
21
(b) delete paragraph (b)(i) and insert: 22
23
(i) who is appointed as an analyst under the 24
Health Legislation Administration 25
Act 1984 section 6; or 26
27
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 6 Part VIIA amended
s. 16
page 10
(c) in paragraph (b)(ii) delete “Executive Director, Public 1
Health,” and insert: 2
3
Chief Health Officer 4
5
Subdivision 2 — Part VIIA Divisions 5, 6 and 7 amended 6
16. Section 225 amended 7
In section 225(2): 8
(a) delete “A medical officer” and insert: 9
10
A medical practitioner 11
12
(b) delete “a medical officer” and insert: 13
14
an authorised officer 15
16
17. Section 226 amended 17
(1) In section 226(1): 18
(a) delete “Executive Director, Public Health, may, at his” 19
and insert: 20
21
Chief Health Officer may, at the Chief Health Officer’s 22
23
(b) delete “Executive Director, Public Health,” 24
(2nd occurrence) and insert: 25
26
Chief Health Officer 27
28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part VIIA amended
Division 6
s. 18
page 11
(2) In section 226(2) and (3) delete “Executive Director, Public 1
Health,” (each occurrence) and insert: 2
3
Chief Health Officer 4
5
Note: The heading to amended section 226 is to read: 6
Chief Health Officer may examine and report on advertised drugs 7
and appliances 8
18. Section 227 amended 9
In section 227(1): 10
(a) delete “A medical officer of health, environmental 11
health” and insert: 12
13
An authorised 14
15
(b) delete “Executive Director, Public Health,” and insert: 16
17
Chief Health Officer 18
19
19. Section 228 amended 20
In section 228(1): 21
(a) delete “medical officer of health, or environmental 22
health” and insert: 23
24
authorised 25
26
(b) delete “Executive Director, Public Health,” and insert: 27
28
Chief Health Officer 29
30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 6 Part VIIA amended
s. 20
page 12
(c) delete “him” and insert: 1
2
the competent officer 3
4
Note: The heading to amended section 228 is to read: 5
Power of authorised officers in relation to drugs 6
20. Section 234 amended 7
(1) In section 234(1): 8
(a) delete “medical officer of health, environmental health” 9
and insert: 10
11
authorised 12
13
(b) delete “Executive Director, Public Health,” and insert: 14
15
Chief Health Officer 16
17
(2) In section 234(3): 18
(a) delete “Executive Director, Public Health,” and insert: 19
20
Chief Health Officer 21
22
(b) delete “he” and insert: 23
24
the Chief Health Officer 25
26
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part VIIA amended
Division 6
s. 21
page 13
21. Section 235 amended 1
In section 235(1), (2), (3), (4) and (5) delete “Executive 2
Director, Public Health,” (each occurrence) and insert: 3
4
Chief Health Officer 5
6
Note: The heading to amended section 235 is to read: 7
Drugs may be declared dangerous by Chief Health Officer 8
22. Section 237 amended 9
In section 237(1) delete “Executive Director, Public Health,” 10
and insert: 11
12
Chief Health Officer 13
14
23. Section 238 amended 15
In section 238(4) and (6) delete “Executive Director, Public 16
Health,” and insert: 17
18
Chief Health Officer 19
20
24. Section 242 amended 21
In section 242(1) and (2) delete “Executive Director, Public 22
Health,” (each occurrence) and insert: 23
24
Chief Health Officer 25
26
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 6 Part VIIA Division 8 amended
s. 25
page 14
25. Section 243 amended 1
In section 243: 2
(a) delete “Executive Director, Public Health,” (1st, 2nd, 3rd 3
and 4th occurrences) and insert: 4
5
Chief Health Officer 6
7
(b) delete “Executive Director, Public Health —” and insert: 8
9
Chief Health Officer — 10
11
26. Section 244 amended 12
In section 244 delete “Executive Director, Public Health,” and 13
insert: 14
15
Chief Health Officer 16
17
Note: The heading to amended section 244 is to read: 18
Review of decision of Chief Health Officer 19
Subdivision 3 — Part VIIA Division 8 amended 20
27. Section 246B amended 21
Delete section 246B(2)(a) and insert: 22
23
(a) one shall be the Chief Health Officer or a 24
medical practitioner nominated by the Chief 25
Health Officer; and 26
27
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part VIIA Division 9 amended
Division 6
s. 28
page 15
28. Section 246BA amended 1
In section 246BA(a) delete “Executive Director, Public Health,” 2
(each occurrence) and insert: 3
4
Chief Health Officer 5
6
29. Section 246C amended 7
In section 246C(1)(c), (d), (j), (k), (l), (m), (p) and (q) and (2) 8
delete “Executive Director, Public Health,” (each occurrence) 9
and insert: 10
11
Chief Health Officer 12
13
Subdivision 4 — Part VIIA Division 9 amended 14
30. Section 246D amended 15
In section 246D(1): 16
(a) in paragraph (k) delete “environmental health officer or 17
public health official” and insert: 18
19
authorised officer 20
21
(b) in paragraph (m) delete “Executive Director, Public 22
Health,” and insert: 23
24
Chief Health Officer 25
26
(c) in paragraph (o) delete “environmental health” and 27
insert: 28
29
authorised 30
31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 7 Part VIIIA amended
s. 31
page 16
Division 7 — Part VIIIA amended 1
31. Section 247AA inserted 2
At the beginning of Part VIIIA insert: 3
4
247AA. Terms used 5
In this Division — 6
Analytical Committee means the Local Health 7
Authorities Analytical Committee established by 8
section 247A(1); 9
member means a member of the Analytical Committee; 10
metropolitan area has the meaning given in the Local 11
Government Act 1995 section 1.4; 12
scheme means a scheme for the provision of analytical 13
services for use by local governments, operated by the 14
Analytical Committee under this Division; 15
WALGA has the meaning given in the Local 16
Government Act 1995 section 1.4. 17
18
32. Section 247A amended 19
Delete section 247A(3) to (7) and insert: 20
21
(3) The Analytical Committee is to consist of 10 members 22
appointed by the Minister, made up as follows — 23
(a) 7 members, who are to be persons nominated 24
by WALGA to represent local government 25
districts that are in the metropolitan area; 26
(b) 3 members, who are to be persons nominated 27
by WALGA to represent local government 28
districts that are not in the metropolitan area. 29
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part VIIIA amended
Division 7
s. 33
page 17
(4) The Minister is to appoint one of the members of the 1
Analytical Committee to be the Chairperson. 2
3
33. Section 247BA inserted 4
After section 247A insert: 5
6
247BA. Term of office and vacation of office 7
(1) The members hold office for a term of 3 years. 8
(2) A member ceases to hold office — 9
(a) at the expiry of the term for which he or she is 10
appointed, unless he or she — 11
(i) continues to hold office under 12
subsection (4); or 13
(ii) is reappointed; 14
or 15
(b) if he or she resigns by written notice given to 16
the Minister; or 17
(c) if he or she dies; or 18
(d) if his or her nomination as a member is 19
withdrawn by written notice given to the 20
Minister by WALGA; or 21
(e) if he or she is, according to the Interpretation 22
Act 1984 section 13D, a bankrupt or a person 23
whose affairs are under insolvency laws; or 24
(f) if the member’s appointment is terminated 25
under subsection (3). 26
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 7 Part VIIIA amended
s. 33
page 18
(3) The Minister may, by written notice given to a 1
member, terminate the appointment of the member — 2
(a) if, in the Minister’s opinion, the member is 3
unable to perform the functions of office 4
because of — 5
(i) illness; or 6
(ii) mental or physical incapacity impairing 7
the performance of his or her duties; or 8
(iii) absence from the State; 9
or 10
(b) if, in the Minister’s opinion, the member 11
misbehaves, neglects his or her duties or is 12
incompetent; or 13
(c) if the member is absent, without leave and 14
without reasonable excuse, from 3 consecutive 15
meetings of the Analytical Committee of which 16
the member had notice; or 17
(d) for any other act or omission, or any 18
circumstance arising, that, in the Minister’s 19
opinion, may adversely affect the functioning 20
of the Analytical Committee. 21
(4) Even though the term for which a member was 22
appointed has expired, the member continues in office 23
until he or she is reappointed or his or her successor 24
comes into office, unless he or she resigns or is 25
removed from office. 26
(5) However, a member cannot continue in office under 27
subsection (4) for longer than 3 months. 28
29
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part VIIIA amended
Division 7
s. 34
page 19
34. Section 247B amended 1
Delete section 247B(2) and insert: 2
3
(2) At any meeting of the Analytical Committee — 4
(a) 6 members constitute a quorum; and 5
(b) the Chairperson is to preside if he or she is 6
present, but in his or her absence — 7
(i) the members present are to elect one of 8
their number to preside at the meeting; 9
and 10
(ii) that member, while presiding, has all the 11
powers and duties of the Chairperson; 12
and 13
(c) each member present (including the member 14
presiding) has a deliberative vote; and 15
(d) a question arising is to be decided by a majority 16
of the votes of the members present, but if the 17
votes are equal the member presiding has a 18
casting vote. 19
(3A) A resolution in writing to which at least 6 members of 20
the Analytical Committee have each indicated their 21
agreement by signing it or assenting to it by letter, fax, 22
email or other written means has the same effect as if it 23
had been passed at a meeting of the Analytical 24
Committee. 25
(3B) A meeting of the Analytical Committee may be held — 26
(a) by a quorum of the members assembled 27
together at the time and place appointed for the 28
meeting; or 29
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 7 Part VIIIA amended
s. 35
page 20
(b) by telephone or audio visual or other electronic 1
means, as long as — 2
(i) all of the members who wish to 3
participate in the meeting have access to 4
the technology needed to participate in 5
the meeting; and 6
(ii) a quorum of members can 7
simultaneously communicate with each 8
other throughout the meeting. 9
10
35. Section 247D amended 11
(1) In section 247D(1) delete “the scheme for the time being 12
operated by the Analytical Committee under this Part,” and 13
insert: 14
15
a scheme, 16
17
(2) Delete section 247D(2) and insert: 18
19
(2) If the Chief Health Officer considers that a local 20
government that is not a participant in a scheme ought 21
to be a participant — 22
(a) the Chief Health Officer may, by written notice 23
served on the local government, direct it to 24
participate in the scheme; and 25
(b) on the service of the direction, the local 26
government is a participant in the scheme for 27
the purposes of this Division and, in particular, 28
for the purposes of subsection (4). 29
30
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part XIII amended
Division 8
s. 36
page 21
(3) In section 247D(3) delete “the scheme” and insert: 1
2
a scheme 3
4
(4) In section 247D(4) delete “operated by the Analytical 5
Committee under this Part”. 6
Division 8 — Part XIII amended 7
36. Section 335 amended 8
(1) In section 335(1): 9
(a) delete “she” and insert: 10
11
the midwife 12
13
(b) delete “her,” and insert: 14
15
the midwife, 16
17
(2) In section 335(5)(a) delete “he” and insert: 18
19
the medical practitioner 20
21
(3) In section 335(6)(c): 22
(a) delete “Executive Director, Public Health” and insert: 23
24
Chief Health Officer 25
26
(b) delete “he” and insert: 27
28
the Chief Health Officer 29
30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 8 Part XIII amended
s. 37
page 22
37. Section 336 amended 1
(1) Delete section 336(2) and insert: 2
3
(2) On receiving the report, the Chief Health Officer must, 4
by notice in writing signed by the Chief Health 5
Officer — 6
(a) direct the investigator appointed under 7
Part XIIIA to inquire into the circumstances of 8
the death; and 9
(b) require the investigator to present to the 10
Chairperson of the Maternal Mortality 11
Committee appointed under that Part, within a 12
time specified in the notice, a full report of the 13
investigation made by the investigator. 14
15
(2) In section 336(3) delete “Chairman” and insert: 16
17
Chairperson 18
19
(3) In section 336(4): 20
(a) delete “him” and insert: 21
22
the investigator 23
24
(b) delete “Chairman” (each occurrence) and insert: 25
26
Chairperson 27
28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Part XIII amended
Division 8
s. 38
page 23
38. Section 336A amended 1
(1) Delete section 336A(2) and insert: 2
3
(2) On receiving the report, the Chief Health Officer must, 4
by notice in writing signed by the Chief Health 5
Officer — 6
(a) direct an investigator appointed under 7
Part XIIIB to enquire into the circumstances of 8
that stillbirth or death; and 9
(b) require the investigator to present to the 10
Chairperson of the Perinatal and Infant 11
Mortality Committee appointed under that Part, 12
within a time specified in the notice, a full 13
report of the investigation made by the 14
investigator. 15
(3A) Subsection (2) does not apply if the Chief Health 16
Officer is satisfied that the cause of death arose 17
from — 18
(a) a specific injury; or 19
(b) an illness that the Committee has directed does 20
not require further investigation. 21
22
(2) In section 336A(3) delete “Chairman” and insert: 23
24
Chairperson 25
26
(3) In section 336A(4): 27
(a) delete “him” and insert: 28
29
the investigator 30
31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 8 Part XIII amended
s. 39
page 24
(b) delete “Chairman” (each occurrence) and insert: 1
2
Chairperson 3
4
39. Section 336B amended 5
(1) In section 336B(2) delete “Executive Director, Public Health 6
that he” and insert: 7
8
Chief Health Officer that the medical practitioner 9
10
(2) Delete section 336B(3) and insert: 11
12
(3) On receiving a report made under subsection (1) or (2), 13
the Chief Health Officer must, by notice in writing 14
signed by the Chief Health Officer — 15
(a) direct an investigator appointed under 16
Part XIIIC to enquire into the circumstances of 17
the death; and 18
(b) require the investigator — 19
(i) if in the opinion of the investigator the 20
death is likely to have been due to 21
anaesthesia, to carry out the 22
investigation and present to the 23
Chairperson of the Anaesthetic 24
Mortality Committee appointed under 25
that Part, within a time specified in the 26
notice, a full report of the investigation 27
made by the investigator; or 28
(ii) if in the opinion of the investigator the 29
death was not likely to have been due to 30
anaesthesia, to report the investigator’s 31
finding to the Chief Health Officer. 32
33
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 40
page 25
(3) In section 336B(5) delete “Chairman” and insert: 1
2
Chairperson 3
4
(4) In section 336B(6): 5
(a) delete “him” and insert: 6
7
the investigator 8
9
(b) delete “Chairman” (each occurrence) and insert: 10
11
Chairperson 12
13
40. Sections 338 to 338C deleted 14
Delete sections 338 to 338C. 15
Division 9 — Parts XIIIA to XIIIC amended 16
Subdivision 1 — Part XIIIA amended 17
41. Section 340A amended 18
(1) In section 340A delete the definition of metropolitan area and 19
insert: 20
21
metropolitan area has the meaning given in the Local 22
Government Act 1995 section 1.4. 23
24
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 42
page 26
(2) In section 340A in the definition of member delete “Chairman” 1
and insert: 2
3
Chairperson 4
5
42. Section 340B amended 6
Delete section 340B(2) to (4) and insert: 7
8
(2) The Committee is to consist of 9 members appointed 9
by the Minister, made up as follows — 10
(a) one is to be the Professor of Obstetrics at the 11
University of Western Australia, who is to be 12
Chairperson of the Committee; 13
(b) one is to be a medical practitioner specialising 14
in obstetrics, nominated by the Royal 15
Australian and New Zealand College of 16
Obstetricians and Gynaecologists 17
(W.A. Branch); 18
(c) 5 are to be medical practitioners, of whom — 19
(i) 2 are to be general medical practitioners 20
practising in the metropolitan area, 21
nominated by the Australian Medical 22
Association (WA) Incorporated; and 23
(ii) 2 are to be general medical practitioners 24
having not less than 5 years’ practice 25
outside the metropolitan area, 26
nominated by the Australian Medical 27
Association (WA) Incorporated; and 28
(iii) one is to be nominated by the Chief 29
Health Officer; 30
(d) 2 are to be midwives, nominated by the Chief 31
Health Officer. 32
33
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 43
page 27
43. Section 340C amended 1
(1) In section 340C(1) delete “Chairman” and insert: 2
3
Chairperson 4
5
(2) In section 340C(2): 6
(a) delete “Chairman)” and insert: 7
8
Chairperson) 9
10
(b) after “he” (each occurrence) insert: 11
12
or she 13
14
44. Section 340D amended 15
(1) Delete section 340D(1) and insert: 16
17
(1) The bodies mentioned in section 340B(2)(b) and (c)(i) 18
and (ii) must nominate to the Minister, when the 19
Minister so requests, or when a vacancy occurs in 20
accordance with section 340F, one or more 21
appropriately qualified persons to become members of 22
the Committee. 23
24
(2) In section 340D(2): 25
(a) delete “section 340B(3) or (4)” and insert: 26
27
section 340B(2)(b) or (c)(i) or (ii) 28
29
(b) delete “permanent or provisional”; 30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 45
page 28
(c) delete “he” and insert: 1
2
the Minister 3
4
(3) In section 340D(3) delete “he” (each occurrence) and insert: 5
6
the Minister 7
8
45. Section 340E amended 9
(1) In section 340E(1): 10
(a) delete “permanent or provisional”; 11
(b) delete “Chairman)” and insert: 12
13
Chairperson) 14
15
(2) Delete section 340E(2) and (3) and insert: 16
17
(2) The term of tenure of office of the member referred to 18
in section 340B(2)(a) continues until terminated by the 19
Minister. 20
21
46. Section 340F replaced 22
Delete section 340F and insert: 23
24
340F. When office of member becomes vacant 25
(1) The office of a member of the Committee becomes 26
vacant if — 27
(a) he or she dies; or 28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 46
page 29
(b) he or she resigns by written notice given to the 1
Minister; or 2
(c) his or her term of office expires by effluxion of 3
time, unless he or she — 4
(i) continues to hold office under 5
subsection (3); or 6
(ii) is reappointed; 7
or 8
(d) the member’s appointment is terminated under 9
subsection (2); or 10
(e) in the case of the member referred to in 11
section 340B(2)(a), the Minister terminates the 12
term of tenure of his or her office; or 13
(f) he or she is, according to the Interpretation 14
Act 1984 section 13D, a bankrupt or a person 15
whose affairs are under insolvency laws. 16
(2) The Minister may, by written notice given to a 17
member, terminate the appointment of the member — 18
(a) if, in the opinion of the Minister, the member is 19
unable to perform the functions of office 20
because of — 21
(i) illness; or 22
(ii) mental or physical incapacity impairing 23
the performance of his or her duties; or 24
(iii) absence from the State; 25
or 26
(b) if, in the opinion of the Minister, the member 27
misbehaves, neglects his or her duties or is 28
incompetent; or 29
(c) if the member is absent, without leave and 30
without reasonable excuse, from 3 consecutive 31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 47
page 30
meetings of the Committee of which the 1
member had notice. 2
(3) Even though the term for which a member was 3
appointed has expired, the member continues in office 4
until he or she is reappointed or his or her successor 5
comes into office, unless he or she resigns or is 6
removed from office. 7
(4) However, a member cannot continue in office under 8
subsection (3) for longer than 3 months. 9
10
47. Section 340G amended 11
(1) Delete section 340G(1) and (2) and insert: 12
13
(1) When a vacancy occurs in the office of a member of 14
the Committee, the Minister is to appoint a person to 15
fill the vacancy. 16
(2) If, under section 340B(2), a specified body has the 17
right to nominate that member, the Minister is not to 18
appoint a person unless he or she is nominated by the 19
appropriate body mentioned in that section, or unless 20
section 340D(3) applies to the office. 21
22
(2) In section 340G(3) after “he” insert: 23
24
or she 25
26
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 48
page 31
48. Section 340H replaced 1
Delete section 340H and insert: 2
3
340H. Meetings and procedure of Committee 4
(1) The Committee is to hold the meetings that are 5
necessary for the performance of its functions. 6
(2) At any meeting of the Committee, 5 members of the 7
Committee or their respective deputies, including the 8
Chairperson or his or her deputy, constitute a quorum. 9
(3) A meeting of the Committee may be held — 10
(a) by a quorum of the members assembled 11
together at the time and place appointed for the 12
meeting; or 13
(b) by telephone or audio-visual or other electronic 14
means, as long as — 15
(i) all of the members who wish to 16
participate in the meeting have access to 17
the technology needed to participate in 18
the meeting; and 19
(ii) a quorum of members can 20
simultaneously communicate with each 21
other throughout the meeting. 22
(4) Subject to this section, the Committee may regulate its 23
own procedure in whatever manner it thinks fit. 24
(5) Nothing done by the Committee is invalid or defective 25
on the ground only that, when done, there was — 26
(a) a vacancy in the office of any member; or 27
(b) a defect in the appointment of any member or 28
any deputy of a member. 29
30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 49
page 32
49. Section 340I amended 1
In section 340I delete “Chairman” and insert: 2
3
Chairperson 4
5
50. Section 340K replaced 6
Delete section 340K and insert: 7
8
340K. Functions of Committee 9
(1) Whenever an investigator presents to the Chairperson 10
of the Committee a report under section 336, the 11
Chairperson — 12
(a) must consider the report; and 13
(b) having regard to the circumstances disclosed by 14
the report and the nature of the medical case 15
history of the deceased woman, may notify the 16
Chief Health Officer of the receipt of the report. 17
(2) On receiving a notification under subsection (1), the 18
Chief Health Officer must convene a meeting of the 19
Committee to be held within whatever period after the 20
receipt by the Chief Health Officer of the notification 21
the Chairperson of the Committee considers 22
appropriate. 23
(3) The Committee must consider the report of the 24
investigator, and for the purpose of assisting it in its 25
consideration may co-opt any medical practitioners, 26
nurses, midwives or other persons with specialised 27
knowledge the Committee thinks necessary. 28
(4) On its consideration of the report, the Committee must 29
determine whether in the opinion of the Committee the 30
death the subject of the report might have been 31
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 50
page 33
avoided, and may add to its determination any 1
constructive comments the Committee considers 2
advisable for the future assistance and guidance of 3
medical practitioners, nurses and midwives. 4
(5) The determination of the Committee, including the 5
comments referred to in subsection (4) — 6
(a) must be notified in writing by the Chairperson 7
to — 8
(i) the medical practitioner (if any) who 9
was attending the woman at the time of 10
the occurrence of her death; and 11
(ii) the nurse or midwife (if any) who was 12
attending the woman at that time; 13
and 14
(b) may be notified in writing by the Chairperson 15
to any other medical practitioner, nurse or 16
midwife who attended the woman before the 17
occurrence of her death if the Committee 18
considers that that medical practitioner, nurse 19
or midwife should be informed of that 20
determination and those comments. 21
340LA. Further provisions relating to proceedings of 22
Committee 23
(1) As soon as practicable after the Committee has made a 24
determination under section 340K, the Chairperson 25
must forward to the Chief Health Officer all records, 26
reports, statements, memoranda and other documents 27
submitted to and considered by the Committee in 28
making that determination. 29
(2) The Chief Health Officer is to have the care and 30
control of those records, reports, statements, 31
memoranda and other documents, and is to keep them, 32
or cause them to be kept, in safe custody. 33
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 51
page 34
(3) Except as provided by this Part and with the Chief 1
Health Officer’s permission in writing, the Chief 2
Health Officer must not permit any of those records, 3
reports, statements, memoranda or other documents to 4
be inspected. 5
(4) The Chairperson must forward to the Chief Health 6
Officer a summary of the cases investigated by the 7
investigator and considered by the Committee during 8
each year. 9
340LB. Contents of notification confidential 10
(1) The contents of a notification made under 11
section 340K(5) are not admissible in any court or 12
before any tribunal, board or person in any action, 13
cause or inquiry of any kind whatever. 14
(2) A person who exhibits, communicates or divulges in 15
whole or in part the contents of a notification made 16
under section 340K(5) to any person except for the 17
purposes of, and in accordance with, this Part commits 18
an offence. 19
20
51. Section 340L amended 21
(1) In section 340L(1) delete “the Medical School of The 22
University of Western Australia for use in the teaching of 23
medical” and insert: 24
25
any educational institution for use in the teaching of 26
27
(2) In section 340L(2) delete “medical students, nurses and trainee 28
nurses” and insert: 29
30
nurses, midwives and students of any educational institution 31
32
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 52
page 35
52. Section 340M amended 1
(1) In section 340M(1) after “him” insert: 2
3
or her 4
5
(2) In section 340M(2): 6
(a) after “his” insert: 7
8
or her 9
10
(b) delete “practitioner” and insert: 11
12
practitioner, nurse or midwife 13
14
53. Section 340N deleted 15
Delete section 340N. 16
Subdivision 2 — Part XIIIB amended 17
54. Section 340AA amended 18
(1) In section 340AA delete the definition of metropolitan area and 19
insert: 20
21
metropolitan area has the meaning given in the Local 22
Government Act 1995 section 1.4. 23
24
(2) In section 340AA in the definition of member delete 25
“Chairman” and insert: 26
27
Chairperson 28
29
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 55
page 36
55. Section 340AB amended 1
Delete section 340AB(2) to (5) and insert: 2
3
(2) The Committee is to consist of 13 members appointed 4
by the Minister. 5
(3) Of the persons appointed as members of the 6
Committee — 7
(a) one is to be the Professor of Obstetrics at the 8
University of Western Australia; and 9
(b) one is to be a medical practitioner specialising 10
in obstetrics, nominated by the Chief Health 11
Officer; and 12
(c) 2 are to be medical practitioners nominated by 13
the Hospital Board of King Edward Memorial 14
Hospital, of whom — 15
(i) one is to be a medical practitioner 16
specialising in neonatal paediatrics at 17
that hospital; and 18
(ii) one is to be a medical practitioner 19
specialising in obstetrics at that hospital; 20
and 21
(d) one is to be a medical practitioner specialising 22
in neonatal paediatrics at Princess Margaret 23
Hospital for Children, nominated by the 24
Hospital Board of that hospital; and 25
(e) one is to be a medical practitioner specialising 26
in obstetrics and perinatal care, nominated by 27
the Royal Australian and New Zealand College 28
of Obstetricians and Gynaecologists (W.A. 29
Branch); and 30
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 56
page 37
(f) 3 are to be general medical practitioners (one of 1
whom practises outside the metropolitan area), 2
of whom — 3
(i) one is to be nominated by the Australian 4
Medical Association (WA) 5
Incorporated; and 6
(ii) one is to be nominated by the Royal 7
Australian College of General 8
Practitioners; and 9
(iii) one is to be nominated by the Chief 10
Health Officer; 11
and 12
(g) one is to be a medical practitioner specialising 13
in clinical epidemiology, nominated by the 14
Chief Health Officer; and 15
(h) one is to be a medical practitioner specialising 16
in perinatal pathology, nominated by the Chief 17
Health Officer; and 18
(i) one is to be a midwife in clinical practice, 19
nominated by the Chief Health Officer; and 20
(j) one is to be a nurse specialising in neonatal 21
paediatrics, nominated by the Chief Health 22
Officer. 23
(4) The Chairperson of the Committee is to be appointed 24
by the Minister from among the members of the 25
Committee. 26
27
56. Section 340AC amended 28
(1) In section 340AC(1) delete “Chairman” and insert: 29
30
Chairperson 31
32
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 57
page 38
(2) In section 340AC(2) after “he” (each occurrence) insert: 1
2
or she 3
4
57. Section 340AD amended 5
(1) Delete section 340AD(1) and insert: 6
7
(1) The bodies mentioned in section 340AB(3) must 8
nominate to the Minister, when he or she so requests, 9
or when a vacancy occurs in accordance with 10
section 340AF, one or more appropriately qualified 11
persons to become members of the Committee. 12
13
(2) In section 340AD(2): 14
(a) delete “section 340AB(3) or (4)” and insert: 15
16
section 340AB(3) 17
18
(b) delete “permanent or provisional”; 19
(c) delete “he” and insert: 20
21
the Minister 22
23
(3) In section 340AD(3) delete “he” (each occurrence) and insert: 24
25
the Minister 26
27
58. Section 340AE amended 28
(1) In section 340AE(1) delete “permanent or provisional”. 29
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 59
page 39
(2) Delete section 340AE(2) and insert: 1
2
(2) The Chairperson holds that office at the pleasure of the 3
Minister. 4
5
59. Section 340AF replaced 6
Delete section 340AF and insert: 7
8
340AF. When office of member becomes vacant 9
(1) The office of a member of the Committee becomes 10
vacant if — 11
(a) he or she dies; or 12
(b) he or she resigns by written notice given to the 13
Minister; or 14
(c) his or her term of office expires by effluxion of 15
time, unless he or she — 16
(i) continues to hold office under 17
subsection (3); or 18
(ii) is reappointed; 19
or 20
(d) the member’s appointment is terminated under 21
subsection (2); or 22
(e) in the case of the Chairperson, the Minister 23
terminates the term of tenure of his or her 24
office; or 25
(f) he or she is, according to the Interpretation 26
Act 1984 section 13D, a bankrupt or a person 27
whose affairs are under insolvency laws. 28
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 60
page 40
(2) The Minister may, by written notice given to a 1
member, terminate the appointment of the member — 2
(a) if, in the opinion of the Minister, the member is 3
unable to perform the functions of office 4
because of — 5
(i) illness; or 6
(ii) mental or physical incapacity impairing 7
the performance of his or her duties; or 8
(iii) absence from the State; 9
or 10
(b) if, in the opinion of the Minister, the member 11
misbehaves, neglects his or her duties or is 12
incompetent; or 13
(c) if the member is absent, without leave and 14
without reasonable excuse, from 3 consecutive 15
meetings of the Committee of which the 16
member had notice. 17
(3) Even though the term for which a member was 18
appointed has expired, the member continues in office 19
until he or she is reappointed or his or her successor 20
comes into office, unless he or she resigns or is 21
removed from office. 22
(4) However, a member cannot continue in office under 23
subsection (3) for longer than 3 months. 24
25
60. Section 340AG amended 26
(1) Delete section 340AG(1) and (2) and insert: 27
28
(1) When a vacancy occurs in the office of a member of 29
the Committee, the Minister is to appoint a person to 30
fill the vacancy. 31
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 61
page 41
(2) If, under section 340AB(3), a specified body has the 1
right to nominate that member, the Minister is not to 2
appoint a person unless he or she is nominated by the 3
appropriate body mentioned in that section, or unless 4
section 340AD(3) applies to the office. 5
6
(2) In section 340AG(3) after “he” insert: 7
8
or she 9
10
61. Section 340AH replaced 11
Delete section 340AH and insert: 12
13
340AH. Meetings and procedure of Committee 14
(1) The Committee is to hold the meetings that are 15
necessary for the performance of its functions. 16
(2) At any meeting of the Committee, 6 members of the 17
Committee or their respective deputies, of whom one is 18
to be the Chairperson or his or her deputy, constitute a 19
quorum. 20
(3) A meeting of the Committee may be held — 21
(a) by a quorum of the members assembled 22
together at the time and place appointed for the 23
meeting; or 24
(b) by telephone or audio-visual or other electronic 25
means, as long as — 26
(i) all of the members who wish to 27
participate in the meeting have access to 28
the technology needed to participate in 29
the meeting; and 30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 62
page 42
(ii) a quorum of members can 1
simultaneously communicate with each 2
other throughout the meeting. 3
(4) Subject to this section, the Committee may regulate its 4
own procedure in whatever manner it thinks fit. 5
(5) Nothing done by the Committee is invalid or defective 6
on the ground only that, when done, there was — 7
(a) a vacancy in the office of any member; or 8
(b) a defect in the appointment of any member or 9
any deputy of a member. 10
11
62. Section 340AI amended 12
In section 340AI delete “Chairman” and insert: 13
14
Chairperson 15
16
63. Section 340AJ amended 17
(1) Delete section 340AJ(2) and insert: 18
19
(2) The following provisions apply to the appointment of 20
investigators under subsection (1) — 21
(a) if one investigator is appointed, he or she must 22
be a specialist in obstetrics or neonatal 23
paediatrics; 24
(b) if 2 investigators are appointed, both of them 25
must be specialists in obstetrics or neonatal 26
paediatrics; 27
(c) if 3 or 4 investigators are appointed, 2 of them 28
must be specialists in obstetrics or neonatal 29
paediatrics. 30
31
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 64
page 43
(2) In section 340AJ(3) after “his” insert: 1
2
or her 3
4
64. Section 340AK replaced 5
Delete section 340AK and insert: 6
7
340AK. Functions of Committee 8
(1) Whenever an investigator presents to the Chairperson 9
of the Committee a report under section 336A, the 10
Chairperson — 11
(a) must consider the report; and 12
(b) having regard to the circumstances disclosed by 13
the report and the nature of the medical case 14
history of the stillborn or deceased child, may 15
notify the Chief Health Officer of the receipt of 16
the report. 17
(2) On receiving a notification under subsection (1), the 18
Chief Health Officer must convene a meeting of the 19
Committee to be held within whatever period after the 20
receipt by the Chief Health Officer of the notification 21
the Chairperson of the Committee considers 22
appropriate. 23
(3) The Committee must consider the report of the 24
investigator, and for the purpose of assisting it in its 25
consideration may co-opt any medical practitioners, 26
nurses, midwives or other persons with specialised 27
knowledge the Committee thinks necessary. 28
(4) On its consideration of the report, the Committee must 29
determine whether in the opinion of the Committee the 30
stillbirth or death the subject of the report might have 31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 64
page 44
been avoided, and may add to its determination any 1
constructive comments the Committee considers 2
advisable for the future assistance and guidance of 3
medical practitioners, nurses and midwives. 4
(5) The determination of the Committee, including the 5
comments referred to in subsection (4) — 6
(a) must be notified in writing by the Chairperson 7
to — 8
(i) the medical practitioner (if any) who 9
was attending the child concerned at the 10
time of the occurrence of the stillbirth or 11
death investigated under section 336A; 12
and 13
(ii) the nurse or midwife (if any) who was 14
attending the child concerned at that 15
time; 16
and 17
(b) may be notified in writing by the Chairperson 18
to any other medical practitioner, nurse or 19
midwife who attended the child concerned or 20
his or her mother or both before the occurrence 21
of the stillbirth or death if the Committee 22
considers that that medical practitioner, nurse 23
or midwife should be informed of that 24
determination and those comments. 25
340ALA. Further provisions relating to proceedings of 26
Committee 27
(1) As soon as practicable after the Committee has made a 28
determination under section 340AK, the Chairperson 29
must forward to the Chief Health Officer all records, 30
reports, statements, memoranda and other documents 31
submitted to and considered by the Committee in 32
making that determination. 33
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 65
page 45
(2) The Chief Health Officer is to have the care and 1
control of those records, reports, statements, 2
memoranda and other documents, and is to keep them, 3
or cause them to be kept, in safe custody. 4
(3) Except as provided by this Part and with the Chief 5
Health Officer’s permission in writing, the Chief 6
Health Officer must not permit any of those records, 7
reports, statements, memoranda or other documents to 8
be inspected. 9
(4) The Chairperson must forward to the Chief Health 10
Officer a summary of the cases investigated by the 11
investigators and considered by the Committee during 12
each year. 13
340ALB. Contents of notification confidential 14
(1) The contents of a notification made under 15
section 340AK(5) are not admissible in any court or 16
before any tribunal, board or person in any action, 17
cause or inquiry of any kind whatever. 18
(2) A person who exhibits, communicates or divulges in 19
whole or in part the contents of a notification made 20
under section 340AK(5) to any person except for the 21
purposes of, and in accordance with, this Part commits 22
an offence. 23
24
65. Section 340AL amended 25
(1) In section 340AL(1) delete “the Medical School of The 26
University of Western Australia for use in the teaching of 27
medical” and insert: 28
29
any educational institution for use in the teaching of 30
31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 66
page 46
(2) In section 340AL(1a) delete “Executive Director, Public 1
Health,” and insert: 2
3
Chief Health Officer 4
5
(3) In section 340AL(1b): 6
(a) delete “Executive Director, Public Health, may, if he” 7
and insert: 8
9
Chief Health Officer may, if he or she 10
11
(b) after “him” insert: 12
13
or her 14
15
(c) after “his” insert: 16
17
or her 18
19
(4) In section 340AL(1c) after “him” insert: 20
21
or her 22
23
(5) In section 340AL(2) delete “medical students, nurses and 24
trainee nurses” and insert: 25
26
nurses, midwives and students of any educational institution 27
28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 66
page 47
66. Section 340AM amended 1
(1) In section 340AM(1) after “him” insert: 2
3
or her 4
5
(2) In section 340AM(2): 6
(a) after “his” insert: 7
8
or her 9
10
(b) delete “practitioner” and insert: 11
12
practitioner, nurse or midwife 13
14
67. Section 340AN deleted 15
Delete section 340AN. 16
Subdivision 3 — Part XIIIC amended 17
68. Section 340BA amended 18
(1) In section 340BA delete the definition of metropolitan area and 19
insert: 20
21
metropolitan area has the meaning given in the Local 22
Government Act 1995 section 1.4. 23
24
(2) In section 340BA in the definition of member delete 25
“Chairman” and insert: 26
27
Chairperson 28
29
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 69
page 48
69. Section 340BB amended 1
Delete section 340BB(2) to (4) and insert: 2
3
(2) The Committee is to consist of 12 members appointed 4
by the Minister. 5
(3) Of the persons appointed as members of the 6
Committee — 7
(a) one is to be nominated by the State Branch of 8
the Australian and New Zealand College of 9
Anaesthetists, and that person is the 10
Chairperson of the Committee; and 11
(b) one is to be the Professor of Anaesthesia at the 12
University of Western Australia; and 13
(c) one is to be a medical practitioner specialising 14
in anaesthetics, nominated by the State Branch 15
of the Australian and New Zealand College of 16
Anaesthetists; and 17
(d) one is to be a medical practitioner specialising 18
in anaesthetics, nominated by the Australian 19
Medical Association (WA) Incorporated; and 20
(e) one is to be a medical practitioner specialising 21
in obstetrics and gynaecology, nominated by 22
the Royal Australian and New Zealand College 23
of Obstetricians and Gynaecologists (W.A. 24
Branch); and 25
(f) 2 are to be general medical practitioners with at 26
least 5 years’ experience and special interest in 27
anaesthesia, nominated by the State Branch of 28
the Royal Australian College of General 29
Practitioners, of whom one practices within the 30
metropolitan area and one outside that area; and 31
(g) one is to be a medical practitioner specialising 32
in surgery, nominated by the State Branch of 33
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 70
page 49
the Royal Australasian College of Surgeons; 1
and 2
(h) one is to be a medical practitioner, nominated 3
by the Chief Health Officer; and 4
(i) one is to be a midwife having not less than 5
5 years’ experience in, and currently practising, 6
midwifery, nominated by the Chief Health 7
Officer; and 8
(j) one is to be a dental practitioner, nominated by 9
the State Branch of the Australian Dental 10
Association; and 11
(k) one is to be the Professor of Clinical 12
Pharmacology at the University of Western 13
Australia. 14
15
70. Section 340BC amended 16
(1) In section 340BC(1) delete “Chairman” and insert: 17
18
Chairperson 19
20
(2) In section 340BC(2) after “he” (each occurrence) insert: 21
22
or she 23
24
71. Section 340BD amended 25
(1) Delete section 340BD(1) and insert: 26
27
(1) The bodies mentioned in section 340BB(3) must 28
nominate to the Minister, when he or she so requests, 29
or when a vacancy occurs in accordance with 30
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 72
page 50
section 340BF, one or more appropriately qualified 1
persons to become members of the Committee. 2
3
(2) In section 340BD(2): 4
(a) delete “section 340BB(3) or (4)” and insert: 5
6
section 340BB(3) 7
8
(b) delete “permanent or provisional”; 9
(c) after “he” insert: 10
11
or she 12
13
(3) In section 340BD(3) after “he” (each occurrence) insert: 14
15
or she 16
17
72. Section 340BE amended 18
(1) In section 340BE(1): 19
(a) delete “permanent or provisional”; 20
(b) delete “Chairman” (each occurrence) and insert: 21
22
Chairperson 23
24
(2) Delete section 340BE(2). 25
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 73
page 51
73. Section 340BF replaced 1
Delete section 340BF and insert: 2
3
340BF. When office of member becomes vacant 4
(1) The office of a member of the Committee becomes 5
vacant if — 6
(a) he or she dies; or 7
(b) he or she resigns by written notice given to the 8
Minister; or 9
(c) his or her term of office expires by effluxion of 10
time, unless he or she — 11
(i) continues to hold office under 12
subsection (3); or 13
(ii) is reappointed; 14
or 15
(d) the member’s appointment is terminated under 16
subsection (2); or 17
(e) in the case of the member referred to in 18
section 340BB(3)(a), the Minister terminates 19
the term of tenure of his or her office; or 20
(f) he or she is, according to the Interpretation 21
Act 1984 section 13D, a bankrupt or a person 22
whose affairs are under insolvency laws. 23
(2) The Minister may, by written notice given to a 24
member, terminate the appointment of the member — 25
(a) if, in the opinion of the Minister, the member is 26
unable to perform the functions of office 27
because of — 28
(i) illness; or 29
(ii) mental or physical incapacity impairing 30
the performance of his or her duties; or 31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 74
page 52
(iii) absence from the State; 1
or 2
(b) if, in the opinion of the Minister, the member 3
misbehaves, neglects his or her duties or is 4
incompetent; or 5
(c) if the member is absent, without leave and 6
without reasonable excuse, from 3 consecutive 7
meetings of the Committee of which the 8
member had notice. 9
(3) Even though the term for which a member was 10
appointed has expired, the member continues in office 11
until he or she is reappointed or his or her successor 12
comes into office, unless he or she resigns or is 13
removed from office. 14
(4) However, a member cannot continue in office under 15
subsection (3) for longer than 3 months. 16
17
74. Section 340BG amended 18
(1) Delete section 340BG(1) and (2) and insert: 19
20
(1) When a vacancy occurs in the office of a member of 21
the Committee, the Minister is to appoint a person to 22
fill the vacancy. 23
(2) If, under section 340BB(3), a specified body has the 24
right to nominate that member, the Minister is not to 25
appoint a person unless he or she is nominated by the 26
appropriate body mentioned in that section, or unless 27
section 340BD(3) applies to the office. 28
29
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 75
page 53
(2) In section 340BG(3) after “he” insert: 1
2
or she 3
4
75. Section 340BH replaced 5
Delete section 340BH and insert: 6
7
340BH. Meetings and procedure of Committee 8
(1) The Committee is to hold the meetings that are 9
necessary for the performance of its functions. 10
(2) At any meeting of the Committee, 6 members of the 11
Committee or their respective deputies, of whom one is 12
to be the Chairperson or his or her deputy, constitute a 13
quorum. 14
(3) A meeting of the Committee may be held — 15
(a) by a quorum of the members assembled 16
together at the time and place appointed for the 17
meeting; or 18
(b) by telephone or audio-visual or other electronic 19
means, as long as — 20
(i) all of the members who wish to 21
participate in the meeting have access to 22
the technology needed to participate in 23
the meeting; and 24
(ii) a quorum of members can 25
simultaneously communicate with each 26
other throughout the meeting. 27
(4) Subject to this section, the Committee may regulate its 28
own procedure in whatever manner it thinks fit. 29
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 76
page 54
(5) Nothing done by the Committee is invalid or defective 1
on the ground only that, when done, there was — 2
(a) a vacancy in the office of any member; or 3
(b) a defect in the appointment of any member or 4
any deputy of a member. 5
6
76. Section 340BI amended 7
In section 340BI delete “Chairman” and insert: 8
9
Chairperson 10
11
77. Section 340BJ amended 12
In section 340BJ(3) after “his” insert: 13
14
or her 15
16
78. Section 340BK replaced 17
Delete section 340BK and insert: 18
19
340BK. Functions of Committee 20
(1) Whenever an investigator presents to the Chairperson 21
of the Committee a report under section 336B, the 22
Chairperson — 23
(a) must consider the report; and 24
(b) having regard to the circumstances disclosed by 25
the report and the nature of the medical case 26
history of the deceased, may notify the Chief 27
Health Officer of the receipt of the report. 28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 78
page 55
(2) On receiving a notification under subsection (1), the 1
Chief Health Officer must convene a meeting of the 2
Committee to be held within whatever period after the 3
receipt by the Chief Health Officer of the notification 4
the Chairperson of the Committee considers 5
appropriate. 6
(3) The Committee must consider the report of the 7
investigator, and for the purpose of assisting it in its 8
consideration may co-opt any medical practitioners, 9
dental practitioners, nurses, midwives or other persons 10
with specialised knowledge the Committee thinks 11
necessary. 12
(4) On its consideration of the report, the Committee must 13
determine whether in the opinion of the Committee the 14
death the subject of the report might have been 15
avoided, and may add to its determination any 16
constructive comments the Committee considers 17
advisable for the future assistance and guidance of 18
medical practitioners, dental practitioners, nurses and 19
midwives. 20
(5) The determination of the Committee, including the 21
comments referred to in subsection (4) — 22
(a) must be notified in writing by the Chairperson 23
to — 24
(i) the medical practitioner or dental 25
practitioner, or each medical 26
practitioner or dental practitioner, (if 27
any) who was attending the deceased at 28
the time of the occurrence of the death; 29
and 30
(ii) the nurse or midwife (if any) who was 31
attending the deceased at that time; 32
and 33
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 9 Parts XIIIA to XIIIC amended
s. 78
page 56
(b) may be notified in writing by the Chairperson 1
to any other medical practitioner, dental 2
practitioner, nurse or midwife who attended the 3
deceased before the occurrence of the death if 4
the Committee considers that that medical 5
practitioner, dental practitioner, nurse or 6
midwife should be informed of that 7
determination and those comments. 8
340BLA. Further provisions relating to proceedings of 9
Committee 10
(1) As soon as practicable after the Committee has made a 11
determination under section 340BK, the Chairperson 12
must forward to the Chief Health Officer all records, 13
reports, statements, memoranda and other documents 14
submitted to and considered by the Committee in 15
making that determination. 16
(2) The Chief Health Officer is to have the care and 17
control of those records, reports, statements, 18
memoranda and other documents, and is to keep them, 19
or cause them to be kept, in safe custody. 20
(3) Except as provided by this Part and with the Chief 21
Health Officer’s permission in writing, the Chief 22
Health Officer must not permit any of those records, 23
reports, statements, memoranda or other documents to 24
be inspected. 25
(4) The Chairperson must forward to the Chief Health 26
Officer a summary of the cases investigated by the 27
investigator and considered by the Committee during 28
each year. 29
340BLB. Contents of notification confidential 30
(1) The contents of a notification made under 31
section 340BK(5) are not admissible in any court or 32
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIIIA to XIIIC amended Division 9
s. 79
page 57
before any tribunal, board or person in any action, 1
cause or inquiry of any kind whatever. 2
(2) A person who exhibits, communicates or divulges in 3
whole or in part the contents of a notification made 4
under section 340BK(5) to any person except for the 5
purposes of, and in accordance with, this Part commits 6
an offence. 7
8
79. Section 340BL amended 9
(1) In section 340BL(1) delete “the Medical School or the School 10
of Dental Science of The University of Western Australia for 11
use in the teaching of medical or dental” and insert: 12
13
any educational institution for use in the teaching of 14
15
(2) In section 340BL(2) delete “medical students, dental 16
practitioners, dental students, nurses, trainee nurses and others” 17
and insert: 18
19
dental practitioners, nurses, midwives and students of any 20
educational institution 21
22
80. Section 340BM amended 23
(1) In section 340BM(1) after “him” insert: 24
25
or her 26
27
(2) In section 340BM(2): 28
(a) after “his” insert: 29
30
or her 31
32
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 10 Parts XIV and XV and Schedules amended
s. 81
page 58
(b) delete “practitioner or dental practitioner, or both,” and 1
insert: 2
3
practitioner, dental practitioner, nurse or midwife, or any 4
of them, 5
6
81. Section 340BN deleted 7
Delete section 340BN. 8
Division 10 — Parts XIV and XV and Schedules amended 9
82. Section 341 amended 10
In section 341(2): 11
(a) after “The CEO” insert: 12
13
or the Chief Health Officer 14
15
(b) delete “CEO.” and insert: 16
17
CEO or the Chief Health Officer. 18
19
83. Section 342 amended 20
(1) In section 342(1): 21
(a) in paragraph (a) delete “Executive Director, Public 22
Health” and insert: 23
24
Chief Health Officer 25
26
(b) in paragraph (b) delete “CEO or the Executive Director, 27
Public Health” and insert: 28
29
Chief Health Officer 30
31
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIV and XV and Schedules amended
Division 10
s. 84
page 59
(2) In section 342(2) delete “CEO or the Executive Director, Public 1
Health.” and insert: 2
3
Chief Health Officer. 4
5
(3) In section 342(4) delete “CEO or the Executive Director, Public 6
Health” and insert: 7
8
Chief Health Officer 9
10
84. Section 344 amended 11
In section 344(1)(b) delete “Executive Director, Public Health” 12
and insert: 13
14
Chief Health Officer 15
16
85. Section 344A amended 17
(1) In section 344A(2) delete “The Executive Director, Public 18
Health, the Executive Director, Personal Health, or the CEO” 19
and insert: 20
21
The CEO or the Chief Health Officer 22
23
(2) Delete section 344A(3) and insert: 24
25
(3) If any standard, rule, code or other provision is adopted 26
under subsection (1), the relevant local government (in 27
the case of adoption by a local law) or the Chief Health 28
Officer (in the case of adoption by any regulations) 29
must ensure that a copy of the standard, rule, code or 30
other provision (as amended, if applicable) is available 31
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 10 Parts XIV and XV and Schedules amended
s. 86
page 60
for public inspection, without charge, during normal 1
office hours at a place prescribed by regulation. 2
3
86. Section 344B amended 4
In section 344B: 5
(a) delete “CEO of Health” (first occurrence) and insert: 6
7
CEO or the Chief Health Officer 8
9
(b) delete “CEO of Health,” and insert: 10
11
CEO or the Chief Health Officer, 12
13
87. Section 349 amended 14
In section 349(1) delete “The CEO, the Executive Director, 15
Personal Health, the Executive Director, Public Health and all 16
public health officials, and the local government and its 17
officers,” and insert: 18
19
Authorised officers 20
21
88. Section 351 amended 22
(1) In section 351(1) delete “CEO, the Executive Director, Personal 23
Health, the Executive Director, Public Health or any member of 24
any local government,” and insert: 25
26
CEO, the Chief Health Officer, any authorised officer, 27
28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIV and XV and Schedules amended
Division 10
s. 89
page 61
(2) In section 351(2) and (5) delete “Executive Director, Personal 1
Health, the Executive Director, Public Health” and insert: 2
3
Chief Health Officer, an authorised officer 4
5
89. Section 357 amended 6
In section 357 delete “Executive Director, Personal Health, the 7
Executive Director, Public Health or the local government, as 8
the case requires,” and insert: 9
10
Chief Health Officer or the local government 11
12
90. Section 362 amended 13
In section 362(2): 14
(a) delete “Executive Director, Personal Health, Executive 15
Director, Public Health” and insert: 16
17
the Chief Health Officer 18
19
(b) delete “a public health official or”. 20
91. Section 365 amended 21
In section 365(1) delete “Executive Director, Personal Health, 22
the Executive Director, Public Health” (each occurrence) and 23
insert: 24
25
Chief Health Officer 26
27
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 10 Parts XIV and XV and Schedules amended
s. 92
page 62
92. Section 366 amended 1
(1) In section 366(1): 2
(a) delete “No CEO, Executive Director, Personal Health, 3
Executive Director, Public Health or public health 4
official,” and insert: 5
6
No CEO or Chief Health Officer, 7
8
(b) delete “he,” and insert: 9
10
he or she, 11
12
(2) In section 366(2): 13
(a) delete “any such CEO, Executive Director, Personal 14
Health, Executive Director, Public Health, official, 15
member, or person, is so concerned or interested, or if 16
any such CEO, Executive Director, Personal Health, 17
Executive Director, Public Health, official, member,” 18
and insert: 19
20
the CEO, the Chief Health Officer or any member or 21
person is concerned or interested in the circumstances 22
referred to in subsection (1), or if the CEO, the Chief 23
Health Officer or any member 24
25
(b) after “his” (each occurrence) insert: 26
27
or her 28
29
(c) after “he” insert: 30
31
or she 32
33
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIV and XV and Schedules amended
Division 10
s. 93
page 63
93. Section 376 amended 1
In section 376: 2
(a) delete “Executive Officer, Personal Health or the 3
Executive Officer, Public Health” and insert: 4
5
Chief Health Officer 6
7
(b) delete “CEO,” and insert: 8
9
CEO or the Chief Health Officer, 10
11
94. Section 377 amended 12
(1) In section 377(1) delete “Executive Director, Personal Health, 13
the Executive Director, Public Health,” and insert: 14
15
Chief Health Officer, 16
17
(2) In section 377(2) delete “Executive Director, Personal Health, 18
the Executive Director, Public Health,” and insert: 19
20
Chief Health Officer 21
22
(3) In section 377(4) delete “public health official” and insert: 23
24
authorised officer 25
26
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 10 Parts XIV and XV and Schedules amended
s. 95
page 64
95. Section 379 inserted 1
At the end of Part XV insert: 2
3
379. Transitional provisions for Public Health 4
(Consequential Provisions) Act 2014 5
Schedule 6 sets out transitional provisions. 6
7
96. Schedule 5 amended 8
In Schedule 5 Part IV delete “340M(1) and (2), 340AK(5b), 9
340AM(1) and (2),” and insert: 10
11
340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 12
340BLB(2), 13
14
97. Schedule 6 inserted 15
After Schedule 5 insert: 16
17
Schedule 6 — Transitional provisions for Public 18
Health (Consequential Provisions) Act 2014 19
[s. 379] 20
1. References to Health Act 1911 may be taken to be 21
references to Health (Miscellaneous Provisions) Act 1911 22
(1) A reference in a document (other than a written law) to the 23
Health Act 1911 may be taken to be a reference to the 24
Health (Miscellaneous Provisions) Act 1911 if it would be 25
appropriate in the context to do so. 26
(2) This clause does not prejudice or affect the application of 27
the Interpretation Act 1984 section 16(1). 28
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
Parts XIV and XV and Schedules amended
Division 10
s. 97
page 65
2. Continuing effect of things done by Executive Director, 1
Public Health and Executive Director, Personal Health 2
A thing done or omitted to be done by, to or in relation to 3
the Executive Director, Public Health or the Executive 4
Director, Personal Health before the day on which the 5
Public Health (Consequential Provisions) Act 2014 6
section 95 comes into operation (the commencement day), 7
whether under this Act or any other written law, has the 8
same effect on and from the commencement day, to the 9
extent that it has any force or significance on or after the 10
commencement day, as if it had been done or omitted by, to 11
or in relation to the Chief Health Officer. 12
3. References to former titles 13
(1) A reference in a written law or document to the Executive 14
Director, Public Health or the Executive Director, Personal 15
Health may, if the context permits, be taken to be a 16
reference to the Chief Health Officer. 17
(2) A reference in a written law or document to an 18
environmental health officer, medical officer or public 19
health official may, if the context permits, be taken to be a 20
reference to an authorised officer. 21
4. Transitional provisions for Local Health Authorities 22
Analytical Committee 23
Despite sections 247A(3) and 247BA(1), the members of 24
the Local Health Authorities Analytical Committee who 25
held office immediately before the day on which the Public 26
Health (Consequential Provisions) Act 2014 section 32 27
comes into operation (the commencement day) continue in 28
office, under and subject to Part VIIIA, as members of that 29
Committee — 30
(a) in the case of the members appointed under 31
section 247A(3)(a) (as that subsection was in force 32
immediately before the commencement day) — 33
(i) as if they had been appointed by the 34
Minister on the nomination of WALGA; 35
and 36
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 10 Parts XIV and XV and Schedules amended
s. 97
page 66
(ii) each with a term of office of 3 years 1
beginning on the commencement day; 2
and 3
(b) in the case of the members appointed under 4
section 247A(3)(b) or (c) (as that subsection was in 5
force immediately before the commencement 6
day) — 7
(i) as if they had been appointed by the 8
Minister on the nomination of WALGA; 9
and 10
(ii) each with a term of office beginning on the 11
commencement day that is the balance of 12
the member’s term of office remaining 13
immediately before the commencement 14
day. 15
5. Transitional provisions for Maternal Mortality 16
Committee, Perinatal and Infant Mortality Committee 17
and Anaesthetic Mortality Committee 18
(1) The persons who held office under Part XIIIA as permanent 19
or provisional members of the Maternal Mortality 20
Committee, or as deputies of members of that Committee, 21
immediately before the coming into operation of the Public 22
Health (Consequential Provisions) Act 2014 section 42 — 23
(a) continue in office, under and subject to Part XIIIA, 24
as members or, as the case requires, deputies of 25
members of that Committee until the expiry of their 26
respective terms (if any); and 27
(b) in the case of those persons who held office as 28
permanent or provisional members, continue in 29
office without distinction as to whether they were 30
appointed as permanent or provisional members. 31
(2) The persons who held office under Part XIIIB as permanent 32
or provisional members of the Perinatal and Infant Mortality 33
Committee, or as deputies of members of that Committee, 34
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
General amendments Division 11
s. 98
page 67
immediately before the coming into operation of the Public 1
Health (Consequential Provisions) Act 2014 section 55 — 2
(a) continue in office, under and subject to Part XIIIB, 3
as members or, as the case requires, deputies of 4
members of that Committee until the expiry of their 5
respective terms (if any); and 6
(b) in the case of those persons who held office as 7
permanent or provisional members, continue in 8
office without distinction as to whether they were 9
appointed as permanent or provisional members. 10
(3) The persons who held office under Part XIIIC as permanent 11
or provisional members of the Anaesthetic Mortality 12
Committee, or as deputies of members of that Committee, 13
immediately before the coming into operation of the Public 14
Health (Consequential Provisions) Act 2014 section 69 — 15
(a) continue in office, under and subject to Part XIIIC, 16
as members or, as the case requires, deputies of 17
members of that Committee until the expiry of their 18
respective terms (if any); and 19
(b) in the case of those persons who held office as 20
permanent or provisional members, continue in 21
office without distinction as to whether they were 22
appointed as permanent or provisional members. 23
24
Division 11 — General amendments 25
98. Other provisions amended 26
Amend the provisions listed in the Table as set out in the Table. 27
Table 28
Provision Delete Insert
Pt. II Div. 1 heading Minister, CEO
and officers of
Public Health
Minister, CEO
and Chief Health
Officer
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 11 General amendments
s. 98
page 68
Provision Delete Insert
s. 13 public health official authorised officer
s. 15(2) may, if there is no medical officer, be signed by any legally qualified medical practitioner, and shall for all such purposes be as effectual as if signed by a medical officer
may be signed by any medical practitioner
s. 131(1) any medical officer of health or of any 2 legally qualified medical practitioners
the Chief Health Officer
s. 145(1) medical officer of health
environmental health officer
authorised officer
authorised officer
s. 145(2) its medical officer of health
an authorised officer
s. 152 medical officer of health
Chief Health Officer
s. 156 medical officer Chief Health Officer
s. 157(2) environmental health officer
authorised officer
s. 181 environmental health officer
authorised officer
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
General amendments Division 11
s. 98
page 69
Provision Delete Insert
s. 183 environmental health officer
authorised officer
s. 184(1) environmental health officer
authorised officer
s. 199(18) environmental health officer
authorised officer
s. 246B(3) officer practitioner
s. 251 public health official authorised officer
s. 251(5) medical officer (each occurrence)
medical practitioner
s. 252 environmental health authorised
s. 253 public health official
environmental health
authorised officer
authorised
s. 257 medical officer of health or environmental health
authorised
s. 257(2) and (3) medical officer of health
authorised officer
s. 258 medical officer of health, or any environmental health
authorised
s. 262(3) the medical officer of health or an environmental health
an authorised
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 11 General amendments
s. 98
page 70
Provision Delete Insert
s. 263 a medical officer of health
the Chief Health Officer
s. 263(1) and (2) medical officer of health
Chief Health Officer
s. 265(1) environmental health authorised
s. 267(1)(c) a medical officer of health or an environmental health
an authorised
s. 268(a) a medical an authorised
s. 273(2) officer or any 2 legally qualified medical practitioners
practitioner
s. 277(1)(b) an environmental health
the environmental health
an authorised
the authorised
s. 277(3) environmental health(each occurrence)
authorised
s. 280(2) the medical officer of health
an authorised officer
s. 280(3) a medical officer of health
the Chief Health Officer
s. 283 officer of health authorised officer
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
General amendments Division 11
s. 98
page 71
Provision Delete Insert
s. 285(1) some legally qualified
a
s. 285(2) any medical officer
the medical officer
any medical practitioner
a medical practitioner
s. 289C(d) medical officer,
s. 290 def. of approved medical
officer
medical officer medical practitioner
s. 294(1)(a) or an approved medical officer
or the approved medical officer
s. 294(2) or an approved medical officer,
s. 294(6)(a) or an approved medical officer
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 11 General amendments
s. 98
page 72
Provision Delete Insert
s. 307(1) medical officer of health or any 2 medical practitioners said officer or practitioners shall have or their and the examination is to be by 2 medical practitioners, one of such practitioners
medical practitioner medical practitioner so authorised has or her the practitioner
s. 309(2), (3) and (4) medical officer (each occurrence)
medical practitioner
s. 316 officer of public health
authorised officer
s. 335(1) and to the medical officer of health of the district in which she practises
s. 335(2) and to the medical officer of health
s. 335(4) medical officer of health
Chief Health Officer
s. 337(1) and (3) medical officer (each occurrence)
medical practitioner
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
General amendments Division 11
s. 99
page 73
Provision Delete Insert
s. 337(4) medical officer (1st occurrence)
such officer
officer or nurse or of the medical officer of health of the local government
medical practitioner
the medical practitioner
medical practitioner or nurse
s. 352(1) and (2) environmental health authorised
s. 358(2) environmental health authorised
s. 375 public health official or officer of the local government
authorised officer
Notes: 1
1. The heading to amended section 145 is to read: 2
Authorised officer may order house or things to be cleansed 3
2. The heading to amended section 352 is to read: 4
Duty of police officers and authorised officers 5
99. Various references to “Executive Director, Public Health” 6
and “Executive Director, Personal Health” amended 7
In the provisions listed in the Table: 8
(a) delete “Executive Director, Public Health” (each 9
occurrence) and insert: 10
11
Chief Health Officer 12
13
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 11 General amendments
s. 99
page 74
(b) delete “Executive Director, Personal Health” (each 1
occurrence) and insert: 2
3
Chief Health Officer 4
5
Table 6
s. 13 s. 14
s. 15(1) s. 16
s. 17 s. 22(1)
s. 35(1), (2), (3) and (4) s. 38
s. 49(2) s. 55(1), (5) and (6)
s. 57(1) s. 59
s. 70 s. 87
s. 90 s. 96
s. 97(1) and (2) s. 106(7)
s. 107(2)(b) s. 112(1) and (3)
s. 116(a) s. 119
s. 120(1), (3) and (4) s. 121(1) and (2)
s. 122(1), (3), (5) and (6) s. 123
s. 131(1) and (3) s. 135(1)
s. 173 def. of authorised person par. (c)
s. 173 def. of relevant certifying
officer par. (c)
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
General amendments Division 11
s. 99
page 75
s. 184(1) s. 194
s. 196(3) and (4) s. 246B(3)
s. 247D(3) s. 250
s. 251 s. 252
s. 253 s. 254
s. 255 s. 256(1) and (2)
s. 258 s. 259
s. 261 s. 272
s. 273(2), (3) and (4) s. 276(1), (2) and (3)
s. 276A(4) s. 277(1)(c) and (3)
s. 278(1) s. 280(1)
s. 282(1) and (2) s. 284
s. 286 s. 287(1) and (2)
s. 288 s. 289
s. 289C(d) s. 290 def. of approved medical
officer
s. 292 s. 293
s. 293A(1), (2) and (3) s. 294(1)(a), (2), (6)(a) and (8)(a)
s. 295 s. 300(1), (2) and (3)
Public Health (Consequential Provisions) Bill 2014
Part 2 Health Act 1911 amended
Division 11 General amendments
s. 99
page 76
s. 300A(1)(b) and (2) s. 306(2)
s. 307(1), (2), (3), (4) and (5) s. 309(2), (3) and (4)
s. 311(2) s. 313(6)
s. 314(2) s. 335(1), (2), (5)(a), (b), (c) and (d) and (6)(d) and (e)
s. 336(1) s. 336A(1)
s. 336B(1) and (4) s. 337(1), (2) and (3)
s. 340(2) s. 367(1)
s. 369(1)(c)
Note: The headings to the amended sections listed in the Table are to read 1
as set out in the Table. 2
Table 3
Amended section Section heading
s. 15 Power of Chief Health Officer to act in emergencies
s. 16 Chief Health Officer may act where no local government
s. 254 Chief Health Officer may delegate certain powers
s. 272 Work to be done to satisfaction of Chief Health Officer
s. 282 Local governments to give effect to order of Chief Health Officer
s. 286 Local government to report epidemic disease and other matters to Chief Health Officer
s. 295 Chief Health Officer may order discharge of declared patient
s. 336 Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer
Public Health (Consequential Provisions) Bill 2014
Health Act 1911 amended Part 2
General amendments Division 11
s. 99
page 77
Amended section Section heading
s. 336A Certain deaths of children to be reported to Chief Health Officer
s. 336B Death of persons under anaesthetic to be reported to Chief Health Officer
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 1 Amendments resulting from renaming of Health Act 1911
s. 100
page 78
Part 3 — Amendments to other Acts and repeals 1
Division 1 — Amendments resulting from renaming of 2
Health Act 1911 3
100. Various references to “Health Act 1911” amended 4
(1) This section amends the Acts listed in the Table. 5
(2) In the provisions listed in the Table delete “Health Act 1911” 6
(each occurrence) and insert: 7
8
Health (Miscellaneous Provisions) Act 1911 9
10
Table 11
Children’s Court of Western
Australia Act 1988
s. 20(1)(d) and 36AA(2) def. of health department officer
Country Areas Water Supply
Act 1947 s. 12
Equal Opportunity Act 1984 s. 66U(3)
Gaming and Wagering
Commission Act 1987 s. 55(3)(a)
Health Services (Quality
Improvement) Act 1994 s. 14(1)(c), (3)(a) and (4)
Housing Act 1980 s. 5(1) def. of local government
Liquor Control Act 1988 s. 39(2)(a)(i), 69(8)(a) and 95(4)(f)(iii)
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Amendments resulting from renaming of Health Act 1911 Division 1
s. 100
page 79
Metropolitan Water Supply,
Sewerage, and Drainage
Act 1909
s. 17(2)
Misuse of Drugs Act 1981 s. 3(1) def. of analyst
Rates and Charges (Rebates and
Deferments) Act 1992 s. 3(1) def. of prescribed charge par. (b)(iii)
Road Safety Council Act 2002 s. 6(1)(h)
Road Traffic Act 1974 s. 70(7) def. of technologist par. (a)
Sentencing Act 1995 Sch. 1
Swan and Canning Rivers
Management Act 2006 Sch. 5 it. 1(i)
Veterinary Chemical Control
and Animal Feeding Stuffs
Act 1976
s. 9
Water Services Act 2012 s. 33(2), 214(1) def. of information sharing agency par. (e) and 216(2)
Waterways Conservation
Act 1976 s. 5(2)(b)
Note: In the Water Services Act 2012 the heading to amended section 216 is 1
to read: 2
Relationship of this Act to Rights in Water and Irrigation Act 1914 3
and Health (Miscellaneous Provisions) Act 1911 4
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 2 Amendments resulting from abolition of Executive Director, Public Health
s. 101
page 80
Division 2 — Amendments resulting from abolition of 1
Executive Director, Public Health 2
101. Various references to “Executive Director” amended 3
(1) This section amends the Acts listed in the Table. 4
(2) In the provisions listed in the Table delete the definition of 5
Executive Director. 6
Table 7
Fluoridation of Public Water
Supplies Act 1966 s. 4
Human Tissue and Transplant
Act 1982 s. 3(1)
Radiation Safety Act 1975 s. 4
(3) In the provisions listed in the Table insert in alphabetical order: 8
9
Chief Health Officer has the meaning given in the 10
Public Health Act 2014 section 4(1); 11
12
Table 13
Fluoridation of Public Water
Supplies Act 1966 s. 4
Human Tissue and Transplant
Act 1982 s. 3(1)
Radiation Safety Act 1975 s. 4
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Anatomy Act 1930 amended Division 3
s. 102
page 81
(4) In the provisions listed in the Table delete “Executive Director” 1
(each occurrence) and insert: 2
3
Chief Health Officer 4
5
Table 6
Fluoridation of Public Water
Supplies Act 1966 s. 5(2)(a) and (4)
Human Tissue and Transplant
Act 1982 s. 3(4), 4(2), (4), (4a) and (5), 5(4) and (5), 24(2), 32A(1), 32B(1), (2), (4)(a), (5) and (6)
Radiation Safety Act 1975 s. 4 def. of authorised officer, 7(1), 13(2)(a) and (3), 16(7) and (8), 42(3) and (4), 55(1), (2) and (3)
Division 3 — Anatomy Act 1930 amended 7
102. Act amended 8
This Division amends the Anatomy Act 1930. 9
103. Section 2 amended 10
(1) In section 2 delete the definition of Executive Director. 11
(2) In section 2 insert in alphabetical order: 12
13
Chief Health Officer has the meaning given in the 14
Public Health Act 2014 section 4(1); 15
16
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 4 Biosecurity and Agriculture Management Act 2007 amended
s. 104
page 82
104. Various references to “Executive Director” amended 1
In the provisions listed in the Table delete “Executive Director” 2
(each occurrence) and insert: 3
4
Chief Health Officer 5
6
Table 7
s. 2 def. of inspector s. 3
s. 5(1) s. 6
s. 7 s. 10A(1), (2) and (3)
s. 12 s. 14
s. 16 s. 17
s. 18 proviso par. (b) s. 22(3)(a) and (c)
Notes: 8
1. The heading to amended section 6 is to read: 9
Chief Health Officer to make returns 10
2. The heading to amended section 14 is to read: 11
Documents to be sent to Chief Health Officer 12
Division 4 — Biosecurity and Agriculture Management 13
Act 2007 amended 14
105. Act amended 15
This Division amends the Biosecurity and Agriculture 16
Management Act 2007. 17
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Blood Donation (Limitation of Liability) Act 1985 amended Division 5
s. 106
page 83
106. Section 4 amended 1
Delete section 4(2)(f) and insert: 2
3
(f) the Health (Miscellaneous Provisions) 4
Act 1911; 5
(ga) the Food Act 2008; 6
7
107. Section 184 amended 8
In section 184(1) in the definition of information sharing 9
agency: 10
(a) in paragraph (b) delete “Health Act 1911;” and insert: 11
12
Health (Miscellaneous Provisions) Act 1911; 13
14
(b) after paragraph (e) insert: 15
16
(fa) the department principally assisting in the 17
administration of the Food Act 2008; 18
19
Division 5 — Blood Donation (Limitation of Liability) 20
Act 1985 amended 21
108. Act amended 22
This Division amends the Blood Donation (Limitation of 23
Liability) Act 1985. 24
109. Section 3 amended 25
(1) In section 3 delete the definitions of: 26
Executive Director, Public Health 27
Transmissible Diseases Regulations 28
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 6 Cat Act 2011 amended
s. 110
page 84
(2) In section 3 insert in alphabetical order: 1
2
Chief Health Officer has the meaning given in the 3
Public Health Act 2014 section 4(1); 4
Transmissible Diseases Regulations means regulations 5
that — 6
(a) are made under the Health (Miscellaneous 7
Provisions) Act 1911; and 8
(b) consist of or include provisions that provide for 9
or require a person donating blood to make a 10
declaration. 11
12
(3) In section 3 in the definition of approved delete “Executive 13
Director, Public Health,” and insert: 14
15
Chief Health Officer 16
17
Division 6 — Cat Act 2011 amended 18
110. Act amended 19
This Division amends the Cat Act 2011. 20
111. Section 3 amended 21
In section 3(1) in the definition of authorised person after 22
paragraph (a) insert: 23
24
(ba) a person designated as an authorised officer 25
under the Public Health Act 2014 section 24(1) 26
for the purposes of this Act; or 27
28
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Cat Act 2011 amended
Division 6
s. 112
page 85
112. Section 43 amended 1
In section 43(2) after “appointed” (each occurrence) insert: 2
3
or designated 4
5
113. Section 48 amended 6
Delete section 48(6) and insert: 7
8
(6) An authorised person (other than a police officer) 9
must — 10
(a) at all times when performing functions as an 11
authorised officer carry — 12
(i) the certificate issued under 13
subsection (5); or 14
(ii) the certificate of authority issued under 15
the Public Health Act 2014 section 30; 16
and 17
(b) produce for inspection the certificate or 18
certificate of authority at the reasonable request 19
of any person; and 20
(c) in the case of an authorised person appointed 21
under subsection (1), if he or she ceases to be 22
an authorised person, return the certificate 23
issued under subsection (5) to the local 24
government as soon as is practicable. 25
Penalty for an offence under this subsection: a fine of 26
$5 000. 27
28
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 7 Constitution Acts Amendment Act 1899 amended
s. 114
page 86
114. Section 49 amended 1
In section 49(2) after “appointed” insert: 2
3
or designated 4
5
Division 7 — Constitution Acts Amendment Act 1899 amended 6
115. Act amended 7
This Division amends the Constitution Acts Amendment 8
Act 1899. 9
116. Schedule V amended 10
(1) In Schedule V Part 3 delete the item “The Advisory Committee 11
constituted under section 216 of the Health Act 1911.”. 12
(2) In Schedule V Part 3 after the item relating to the Local 13
Government Advisory Board insert: 14
15
The Local Health Authorities Analytical Committee established by the 16
Health (Miscellaneous Provisions) Act 1911 section 247A. 17
18
(3) In Schedule V Part 3 in the items relating to the Anaesthetic 19
Mortality Committee, the Maternal Mortality Committee and 20
the Perinatal and Infant Mortality Committee delete “Health 21
Act 1911.” and insert: 22
23
Health (Miscellaneous Provisions) Act 1911. 24
25
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Cremation Act 1929 amended Division 8
s. 117
page 87
Division 8 — Cremation Act 1929 amended 1
117. Act amended 2
This Division amends the Cremation Act 1929. 3
118. Section 2 amended 4
(1) In section 2 delete the definition of Executive Director. 5
(2) In section 2 insert in alphabetical order: 6
7
Chief Health Officer has the meaning given in the 8
Public Health Act 2014 section 4(1); 9
10
119. Section 8A amended 11
In section 8A(b) delete “by the Health Act 1911;” and insert: 12
13
under the Health (Miscellaneous Provisions) Act 1911; 14
15
120. Section 8B amended 16
In section 8B: 17
(a) in paragraph (a)(ii) delete “Health Act 1911;” and insert: 18
19
Health (Miscellaneous Provisions) Act 1911; 20
21
(b) in paragraph (b)(ii) delete “Health Act 1911.” and insert: 22
23
Health (Miscellaneous Provisions) Act 1911. 24
25
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 9 The Criminal Code amended
s. 121
page 88
121. Various references to “Executive Director” amended 1
In the provisions listed in the Table: 2
(a) delete “Executive Director” (each occurrence) and 3
insert: 4
5
Chief Health Officer 6
7
(b) delete “Executive Director’s” and insert: 8
9
Chief Health Officer’s 10
11
Table 12
s. 4(1)(b) s. 4(2)
s. 4(3) s. 8A(b)
s. 16(1)(b) s. 16(2)
s. 17(1)(a)
Division 9 — The Criminal Code amended 13
122. Act amended 14
This Division amends The Criminal Code. 15
123. Section 199 amended 16
(1) In section 199(1)(b) delete “Health Act 1911.” and insert: 17
18
Health (Miscellaneous Provisions) Act 1911. 19
20
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Dog Act 1976 amended Division 10
s. 124
page 89
(2) Delete section 199(4) and insert: 1
2
(4) In this section — 3
medical practitioner means a person registered under 4
the Health Practitioner Regulation National Law 5
(Western Australia) in the medical profession. 6
7
124. Section 306 amended 8
In section 306(1) in the definition of female genital mutilation 9
paragraph (d) delete “within the meaning of the Health 10
Act 1911; or” and insert: 11
12
as defined in section 3 of that Act; or 13
14
Division 10 — Dog Act 1976 amended 15
125. Act amended 16
This Division amends the Dog Act 1976. 17
126. Section 3 amended 18
In section 3(1) delete the definition of authorised person and 19
insert: 20
21
authorised person means — 22
(a) a person who is appointed by a local 23
government, to exercise powers on behalf of 24
the local government, under section 29(1); or 25
(b) a person designated as an authorised officer 26
under the Public Health Act 2014 section 24(1) 27
for the purposes of this Act; 28
29
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 11 Fair Trading Act 2010 amended
s. 127
page 90
127. Section 11 amended 1
After section 11(3) insert: 2
3
(4) Subsection (3) is subject to the Public Health Act 2014 4
section 31. 5
6
128. Section 29 amended 7
In section 29(12) delete “medical practitioner or environmental 8
health officer.” and insert: 9
10
or a medical practitioner. 11
12
129. Section 47 amended 13
In section 47(1) in the definition of representative delete 14
paragraph (a) and insert: 15
16
(a) a person who is an authorised person by virtue 17
of an appointment or designation made by that 18
local government; or 19
20
130. Section 52 amended 21
In section 52(1) delete “Health Act 1911,” and insert: 22
23
Health (Miscellaneous Provisions) Act 1911, 24
25
Division 11 — Fair Trading Act 2010 amended 26
131. Act amended 27
This Division amends the Fair Trading Act 2010. 28
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Fire Brigades Act 1942 amended Division 12
s. 132
page 91
132. Section 15 amended 1
Delete section 15(3). 2
133. Section 34 deleted 3
Delete section 34. 4
134. Schedule 1 amended 5
In Schedule 1 delete the item relating to the Health Act 1911 6
and insert: 7
8
Food Act 2008 9
Health (Miscellaneous Provisions) Act 1911 10
11
Division 12 — Fire Brigades Act 1942 amended 12
135. Act amended 13
This Division amends the Fire Brigades Act 1942. 14
136. Section 33 amended 15
In section 33(1)(f) delete “public concourse,” and insert: 16
17
public assembly 18
19
137. Section 33A amended 20
In section 33A(15) delete the definition of public building and 21
insert: 22
23
public building — 24
(a) means a building or place or part of a building 25
or place where persons may assemble for — 26
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 12 Fire Brigades Act 1942 amended
s. 138
page 92
(i) civic, theatrical, social, political or 1
religious purposes; or 2
(ii) educational purposes; or 3
(iii) entertainment, recreational or sporting 4
purposes; or 5
(iv) business purposes; 6
and 7
(b) includes any building, structure, tent, gallery, 8
enclosure, platform or other place or any part of 9
a building, structure, tent, gallery, enclosure, 10
platform or other place in or on which numbers 11
of persons are usually or occasionally 12
assembled; but 13
(c) does not include a hospital. 14
15
138. Section 48 replaced 16
Delete section 48 and insert: 17
18
48. FES Commissioner to provide information to Chief 19
Health Officer 20
(1) In this section — 21
Chief Health Officer has the meaning given in the 22
Public Health Act 2014 section 4(1). 23
(2) The FES Commissioner must from time to time 24
provide the Chief Health Officer with information and 25
recommendations as to the requirements for the 26
prevention of, and escape from, fire in premises used or 27
intended for purposes of public entertainment or of 28
public assembly. 29
30
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Food Act 2008 amended Division 13
s. 139
page 93
Division 13 — Food Act 2008 amended 1
139. Act amended 2
This Division amends the Food Act 2008. 3
140. Section 8 amended 4
In section 8 delete the definition of authorised officer and 5
insert: 6
7
authorised officer means — 8
(a) a person appointed under Part 10 Division 3; or 9
(b) a person designated by a local government as 10
an authorised officer under the Public Health 11
Act 2014 section 24(1) for the purposes of this 12
Act; 13
14
141. Section 56 amended 15
In section 56(1) and (2) after “appointed” insert: 16
17
or designated 18
19
142. Section 57 amended 20
In section 57(2) after “appointed” insert: 21
22
or designated 23
24
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 14 Health Legislation Administration Act 1984 amended
s. 143
page 94
143. Section 122 amended 1
Delete section 122(1) and insert: 2
3
(1) An enforcement agency may appoint a person to be an 4
authorised officer for the purposes of this Act if the 5
enforcement agency, having regard to any guidelines 6
issued by the CEO under subsection (2), considers the 7
person has appropriate qualifications and experience to 8
perform the functions of an authorised officer. 9
10
144. Section 123 amended 11
After section 123(3) insert: 12
13
(4) This section is subject to the Public Health Act 2014 14
section 31. 15
16
145. Section 126 amended 17
In section 126(13) after “Part 10 Division 3” insert: 18
19
or designated by the agency under the Public Health Act 2014 20
section 24(1) 21
22
Division 14 — Health Legislation Administration 23
Act 1984 amended 24
146. Act amended 25
This Division amends the Health Legislation Administration 26
Act 1984. 27
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Health Legislation Administration Act 1984 amended Division 14
s. 147
page 95
147. Section 3 amended 1
(1) In section 3 delete the definition of prescribed officer. 2
(2) In section 3 insert in alphabetical order: 3
4
Chief Health Officer has the meaning given in the 5
Public Health Act 2014 section 4(1); 6
prescribed officer means — 7
(a) the Chief Health Officer; or 8
(b) the officer referred to in section 6(1)(d); or 9
(c) any officer or officer of a class of officers 10
prescribed by the regulations; 11
12
(3) In section 3 insert in alphabetical order: 13
14
Chief Health Officer has the meaning given in the 15
Public Health Act 2014 section 4(1); 16
prescribed officer means — 17
(a) the Chief Health Officer; or 18
(b) any officer or officer of a class of officers 19
prescribed by the regulations; 20
21
148. Section 6 amended 22
(1) Delete section 6(1)(b) and (c). 23
(2) Delete section 6(1) and insert: 24
25
(1) The officers that are necessary for the purposes of 26
carrying out the provisions of the Acts to which this 27
Act applies are to be appointed in the Department 28
under and subject to the Public Sector Management 29
Act 1994 Part 3. 30
31
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 14 Health Legislation Administration Act 1984 amended
s. 149
page 96
(3) Delete section 6(4)(a). 1
(4) Delete section 6(4). 2
149. Section 7 deleted 3
Delete section 7. 4
150. Section 8 amended 5
In section 8: 6
(a) delete “or designated as an officer, medical officer of 7
health, environmental health officer, inspector or public 8
health officer under section 6 or 7, as the case requires,” 9
and insert: 10
11
under section 6 12
13
(b) delete “or having such a designation”; 14
(c) delete “or designated”. 15
Note: The heading to amended section 8 is to read: 16
Effect of appointment under s. 6 17
151. Section 9 amended 18
After section 9(6) insert: 19
20
(7) Subsection (1) does not authorise — 21
(a) the Minister to delegate any of the Minister’s 22
powers or duties under the Health 23
(Miscellaneous Provisions) Act 1911 or the 24
Public Health Act 2014; or 25
(b) the CEO or the Chief Health Officer to delegate 26
any of their powers or duties under the Health 27
(Miscellaneous Provisions) Act 1911. 28
29
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Hospitals and Health Services Act 1927 amended Division 15
s. 152
page 97
Division 15 — Hospitals and Health Services Act 1927 amended 1
152. Act amended 2
This Division amends the Hospitals and Health Services 3
Act 1927. 4
153. Section 2 amended 5
(1) In section 2(1) delete the definitions of: 6
Executive Director 7
infectious disease 8
(2) In section 2(1) insert in alphabetical order: 9
10
Chief Health Officer has the meaning given in the 11
Public Health Act 2014 section 4(1); 12
13
154. Section 3 amended 14
In section 3(2) delete “Executive Director” and insert: 15
16
Chief Health Officer 17
18
155. Section 10 amended 19
(1) In section 10(1) delete “Executive Director” and insert: 20
21
Chief Health Officer 22
23
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 15 Hospitals and Health Services Act 1927 amended
s. 156
page 98
(2) In section 10(2)(a) delete “Executive Director; and” and insert: 1
2
Chief Health Officer; and 3
4
Note: The heading to amended section 10 is to read: 5
Visiting and inspecting hospitals 6
156. Section 35A amended 7
In section 35A delete “Executive Director” and insert: 8
9
Chief Health Officer 10
11
157. Section 37 amended 12
(1) In section 37(2)(b) delete “Executive Director” and insert: 13
14
Chief Health Officer 15
16
(2) In section 37(2g) delete “Executive Director” and insert: 17
18
Chief Health Officer 19
20
158. Section 38 amended 21
In section 38(1)(c) delete “Executive Director” and insert: 22
23
Chief Health Officer 24
25
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Human Reproductive Technology Act 1991 amended Division 16
s. 159
page 99
Division 16 — Human Reproductive Technology 1
Act 1991 amended 2
159. Act amended 3
This Division amends the Human Reproductive Technology 4
Act 1991. 5
160. Section 3 amended 6
In section 3(1) delete the definition of Public Health Official 7
and insert: 8
9
Public Health Official means a person designated by 10
the CEO under section 60A(1); 11
12
161. Section 8 amended 13
In section 8(3)(a) delete “the Health Act 1911; and” and insert: 14
15
this Act; and 16
17
162. Section 39 amended 18
In section 39(2)(d)(ii) delete “Health Act 1911” and insert: 19
20
Health (Miscellaneous Provisions) Act 1911 21
22
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 17 Liquor Control Act 1988 amended
s. 163
page 100
163. Section 60A inserted 1
At the end of Part 6 Division 1 insert: 2
3
60A. Public Health Officials 4
(1) The CEO may designate a person as a Public Health 5
Official for the purposes of this Act if the CEO 6
considers that the person has appropriate qualifications 7
and experience to perform the functions of a Public 8
Health Official, and may revoke a designation under 9
this subsection at any time. 10
(2) For the purposes of subsection (1), the CEO may 11
engage, under a contract for services, any person whom 12
the CEO considers has appropriate qualifications and 13
experience to perform the functions of a Public Health 14
Official. 15
(3) A person engaged under subsection (2) is not a person 16
appointed under the Public Sector Management 17
Act 1994 Part 3. 18
(4) Subsection (2) does not limit section 58 or 59(1) or the 19
Public Sector Management Act 1994 section 100. 20
(5) If, immediately before the Public Health 21
(Consequential Provisions) Act 2014 section 159 (the 22
relevant section) comes into operation, a person holds 23
a designation as a Public Health Official under the 24
Health Legislation Administration Act 1984 section 7, 25
then, on the coming into operation of the relevant 26
section, the person is to be taken to hold a designation 27
as a Public Health Official under subsection (1). 28
29
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Liquor Control Act 1988 amended Division 17
s. 164
page 101
Division 17 — Liquor Control Act 1988 amended 1
164. Act amended 2
This Division amends the Liquor Control Act 1988. 3
165. Section 69 amended 4
(1) In section 69(8a) delete “Executive Director —” and insert: 5
6
Chief Health Officer — 7
8
(2) In section 69(8b) delete the definition of Executive Director. 9
(3) In section 69(8b) insert in alphabetical order: 10
11
Chief Health Officer — 12
(a) has the meaning given in the Public Health 13
Act 2014 section 4(1); and 14
(b) for the purposes of subsection (8a)(b), includes 15
a person authorised in writing by the Chief 16
Health Officer; 17
18
Division 18 — Local Government Act 1995 amended 19
166. Act amended 20
This Division amends the Local Government Act 1995. 21
167. Section 3.5 amended 22
After section 3.5(4A) insert: 23
24
(4B) Nothing in the Health (Miscellaneous Provisions) 25
Act 1911 or the Public Health Act 2014 prevents a 26
local government from making local laws under this 27
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 19 Marketing of Potatoes Act 1946 amended
s. 168
page 102
Act about matters relating to public health (as defined 1
in the Public Health Act 2014 section 4(1)). 2
3
Division 19 — Marketing of Potatoes Act 1946 amended 4
168. Act amended 5
This Division amends the Marketing of Potatoes Act 1946. 6
169. Section 22B amended 7
(1) In section 22B(5): 8
(a) delete “CEO (Health)” and insert: 9
10
Chief Health Officer 11
12
(b) delete “Health Act 1911” and insert: 13
14
Health (Miscellaneous Provisions) Act 1911 or the Food 15
Act 2008 16
17
(2) After section 22B(5) insert: 18
19
(6A) In subsection (5) — 20
Chief Health Officer has the meaning given in the 21
Public Health Act 2014 section 4(1). 22
23
(3) Delete section 22B(10). 24
Division 20 — Medicines and Poisons Act 2014 amended 25
170. Act amended 26
This Division amends the Medicines and Poisons Act 2014. 27
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Mental Health Act 1996 amended Division 21
s. 171
page 103
171. Long title amended 1
In the long title delete “Health Act 1911,” and insert: 2
3
Health (Miscellaneous Provisions) Act 1911, 4
5
172. Section 16 amended 6
In section 16(2)(b) delete “Health Act 1911” (each occurrence) 7
and insert: 8
9
Health (Miscellaneous Provisions) Act 1911 10
11
173. Part 11 Division 1 heading replaced 12
Delete the heading to Part 11 Division 1 and insert: 13
14
Division 1 — Health (Miscellaneous Provisions) 15
Act 1911 amended 16
17
174. Section 148 amended 18
In section 148 delete “Health Act 1911.” and insert: 19
20
Health (Miscellaneous Provisions) Act 1911. 21
22
Division 21 — Mental Health Act 1996 amended 23
175. Act amended 24
This Division amends the Mental Health Act 1996. 25
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 21 Mental Health Act 1996 amended
s. 176
page 104
176. Section 148C amended 1
(1) In section 148C: 2
(a) delete “For the purpose” and insert: 3
4
(1) For the purpose 5
6
(b) delete paragraph (b) and insert: 7
8
(b) a person who has experience and qualifications 9
in neurosurgery and who is appointed to the 10
State Administrative Tribunal after the 11
following consultation — 12
(i) first, consultation by the Minister with 13
the Royal Australasian College of 14
Surgeons; 15
(ii) second, consultation by the Minister 16
administering the State Administrative 17
Tribunal Act 2004 with the Minister; 18
and 19
20
(2) At the end of section 148C insert: 21
22
(2) If subsection (1) applies, after the Public Health 23
(Consequential Provisions) Act 2014 section 175 24
comes into operation, to and in relation to a proceeding 25
before the State Administrative Tribunal, any 26
appointment made under this section for the purposes 27
of that proceeding before that section comes into 28
operation continues as if the Public Health 29
(Consequential Provisions) Act 2014 section 176(1)(b) 30
had not been enacted. 31
32
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
amended
Division 22
s. 177
page 105
Division 22 — Mental Health Legislation Amendment Act 2014 1
amended 2
177. Act amended 3
This Division amends the Mental Health Legislation 4
Amendment Act 2014. 5
178. Sections 66 and 67 replaced 6
Delete sections 66 and 67 and insert: 7
8
66. Section 3 amended 9
In section 3 in the definition of prescribed officer 10
delete paragraph (b). 11
67. Section 6 amended 12
(1) Delete section 6(1) and insert: 13
14
(1) The officers that are necessary for the purposes of 15
carrying out the provisions of the Acts to which this 16
Act applies are to be appointed in the Department 17
under and subject to the Public Sector Management 18
Act 1994 Part 3. 19
20
(2) Delete section 6(4). 21
22
179. Section 86 amended 23
In section 86 in the insertion delete item 1(a) and insert: 24
25
(a) the Health (Miscellaneous Provisions) Act 1911; 26
27
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 23 Parental Support and Responsibility Act 2008 amended
s. 180
page 106
Division 23 — Parental Support and Responsibility 1
Act 2008 amended 2
180. Act amended 3
This Division amends the Parental Support and Responsibility 4
Act 2008. 5
181. Section 3 amended 6
In section 3 in the definition of information sharing agency 7
paragraph (d) delete “Health Act 1911;” and insert: 8
9
Hospitals and Health Services Act 1927; 10
11
Division 24 — Poisons Act 1964 amended 12
182. Act amended 13
This Division amends the Poisons Act 1964. 14
183. Section 5 amended 15
(1) In section 5(1) delete the definition of environmental health 16
officer. 17
(2) In section 5(1) in the definition of authorised officer delete 18
paragraph (a). 19
184. Section 6 amended 20
In section 6(1) delete “Health Act 1911,” and insert: 21
22
Health (Miscellaneous Provisions) Act 1911, 23
24
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Prisons Act 1981 amended Division 25
s. 185
page 107
185. Section 60 amended 1
In section 60(2) delete “Health Act 1911.” and insert: 2
3
Health (Miscellaneous Provisions) Act 1911. 4
5
186. Section 64 amended 6
In section 64(3): 7
(a) delete “Health Act 1911,” and insert: 8
9
Health (Miscellaneous Provisions) Act 1911, 10
11
(b) delete “Health Act 1911” and insert: 12
13
Health (Miscellaneous Provisions) Act 1911 14
15
Division 25 — Prisons Act 1981 amended 16
187. Act amended 17
This Division amends the Prisons Act 1981. 18
188. Section 95C amended 19
(1) Delete section 95C(1) and insert: 20
21
(1) In this section — 22
Chief Health Officer has the meaning given in the 23
Public Health Act 2014 section 4(1). 24
25
(2) In section 95C(2) delete “ED, PH” and insert: 26
27
Chief Health Officer 28
29
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 26 Rottnest Island Authority Act 1987 amended
s. 189
page 108
(3) In section 95C(3): 1
(a) delete “ED, PH” and insert: 2
3
Chief Health Officer 4
5
(b) delete “ED, PH,” and insert: 6
7
Chief Health Officer, 8
9
Division 26 — Rottnest Island Authority Act 1987 amended 10
189. Act amended 11
This Division amends the Rottnest Island Authority Act 1987. 12
190. Section 3 amended 13
In section 3 insert in alphabetical order: 14
15
Chief Health Officer has the meaning given in the 16
Public Health Act 2014 section 4(1); 17
18
191. Section 45 amended 19
(1) In section 45(1) delete “Health Act 1911” and insert: 20
21
Health (Miscellaneous Provisions) Act 1911 22
23
(2) In section 45(2): 24
(a) delete “Executive Director, Public Health” and insert: 25
26
Chief Health Officer 27
28
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
School Education Act 1999 amended Division 27
s. 192
page 109
(b) delete “Health Act 1911.” and insert: 1
2
Health (Miscellaneous Provisions) Act 1911. 3
4
(3) In section 45(3): 5
(a) delete “Executive Director, Public Health” and insert: 6
7
Chief Health Officer 8
9
(b) delete “Health Act 1911.” and insert: 10
11
Health (Miscellaneous Provisions) Act 1911. 12
13
(4) In section 45(4)(a) delete “Health Act 1911” and insert: 14
15
Health (Miscellaneous Provisions) Act 1911 16
17
(5) Delete section 45(5). 18
Note: The heading to amended section 45 is to read: 19
Application of Health (Miscellaneous Provisions) Act 1911 20
Division 27 — School Education Act 1999 amended 21
192. Act amended 22
This Division amends the School Education Act 1999. 23
193. Section 27 amended 24
(1) In section 27(2) delete “Executive Director of Public Health” 25
and insert: 26
27
Chief Health Officer 28
29
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 28 Spent Convictions Act 1988 amended
s. 194
page 110
(2) After section 27(2) insert: 1
2
(3A) In subsection (2) — 3
Chief Health Officer has the meaning given in the 4
Public Health Act 2014 section 4(1). 5
6
Division 28 — Spent Convictions Act 1988 amended 7
194. Act amended 8
This Division amends the Spent Convictions Act 1988. 9
195. Schedule 3 amended 10
(1) In Schedule 3 clause 1(7) in the Table delete item 1(a) and 11
insert: 12
13
(a) the Health (Miscellaneous Provisions) Act 1911; or 14
15
(2) In Schedule 3 clause 1(7) in the Table delete item 1(a) and 16
insert: 17
18
(a) the Health (Miscellaneous Provisions) Act 1911; 19
20
Division 29 — Tobacco Products Control Act 2006 amended 21
196. Act amended 22
This Division amends the Tobacco Products Control Act 2006. 23
197. Section 78 amended 24
In section 78(4) delete “environmental health officer” and 25
insert: 26
27
authorised officer 28
29
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Tobacco Products Control Act 2006 amended Division 29
s. 198
page 111
198. Section 82 amended 1
In section 82(2) delete “environmental health officer” (each 2
occurrence) and insert: 3
4
authorised officer 5
6
199. Section 113 amended 7
In section 113(2)(a) delete “environmental health officer; or” 8
and insert: 9
10
authorised officer; or 11
12
200. Section 125 amended 13
In section 125(2)(b) delete “environmental health officers” and 14
insert: 15
16
authorised officers 17
18
201. Glossary amended 19
(1) In the Glossary clause 1 delete the definition of environmental 20
health officer. 21
(2) In the Glossary insert in alphabetical order: 22
23
authorised officer means a person designated as an 24
authorised officer under the Public Health Act 2014 25
section 24(1) whose designation has effect for the 26
purposes of this Act; 27
28
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 30 University Medical School, Teaching Hospitals, Act 1955 amended
s. 202
page 112
Division 30 — University Medical School, Teaching Hospitals, 1
Act 1955 amended 2
202. Act amended 3
This Division amends the University Medical School, Teaching 4
Hospitals, Act 1955. 5
203. Section 2 amended 6
In section 2 in the definition of public hospital paragraph (a) 7
delete “Part X of the Health Act 1911; and” and insert: 8
9
the Health (Miscellaneous Provisions) Act 1911 Part XII; and 10
11
204. Section 5 amended 12
(1) Delete section 5(3)(d) and insert: 13
14
(d) the CEO (Health) or a person nominated by the 15
CEO (Health); and 16
17
(2) After section 5(3) insert: 18
19
(4A) In subsection (3)(d) — 20
CEO (Health) means CEO as defined in the Health 21
Legislation Administration Act 1984 section 3. 22
23
(3) In section 5 after each of subsection (3)(a), (b) and (c) insert: 24
25
and 26
27
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Waste Avoidance and Resource Recovery Act 2007 amended Division 31
s. 205
page 113
Division 31 — Waste Avoidance and Resource Recovery 1
Act 2007 amended 2
205. Act amended 3
This Division amends the Waste Avoidance and Resource 4
Recovery Act 2007. 5
206. Section 3 amended 6
(1) In section 3(1) delete the definition of Executive Director, 7
Public Health. 8
(2) In section 3(1) insert in alphabetical order: 9
10
Chief Health Officer has the meaning given in the 11
Public Health Act 2014 section 4(1); 12
13
207. Section 7 amended 14
(1) In section 7(1) delete “Executive Director, Public Health under 15
the Health Act 1911.” and insert: 16
17
Chief Health Officer under the Health (Miscellaneous 18
Provisions) Act 1911. 19
20
(2) In section 7(2) delete “Executive Director, Public Health” and 21
insert: 22
23
Chief Health Officer 24
25
Note: The heading to amended section 7 is to read: 26
Chief Health Officer to be consulted on public health issues 27
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 32 Repeals
s. 208
page 114
208. Section 58 amended 1
Delete section 58(b) and insert: 2
3
(b) the Chief Health Officer; and 4
5
209. Section 71 amended 6
In section 71(4)(c) and (5)(c) delete “Executive Director, Public 7
Health,” and insert: 8
9
Chief Health Officer, 10
11
Division 32 — Repeals 12
210. Certain provisions repealed if not commenced: Medicines 13
and Poisons Act 2014 14
(1) If the Medicines and Poisons Act 2014 section 153 comes into 15
operation on or before the day on which section 99 of this Act 16
comes into operation, section 14 of this Act — 17
(a) does not come into operation; and 18
(b) is repealed when section 99 of this Act comes into 19
operation. 20
(2) If the Medicines and Poisons Act 2014 section 154 comes into 21
operation on or before the day on which section 99 of this Act 22
comes into operation, Part 2 Division 6 Subdivision 2 of this 23
Act — 24
(a) does not come into operation; and 25
(b) is repealed when section 99 of this Act comes into 26
operation. 27
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Repeals
Division 32
s. 211
page 115
(3) If the Medicines and Poisons Act 2014 section 156 comes into 1
operation on or before the day on which section 99 of this Act 2
comes into operation, Part 2 Division 6 Subdivision 4 of this 3
Act — 4
(a) does not come into operation; and 5
(b) is repealed when section 99 of this Act comes into 6
operation. 7
(4) If any of the provisions of the Medicines and Poisons Act 2014 8
Part 11 Division 1 come into operation on or before the day on 9
which section 5 of this Act comes into operation, 10
sections 171, 173 and 174 of this Act — 11
(a) do not come into operation; and 12
(b) are repealed when section 5 of this Act comes into 13
operation. 14
(5) If the Poisons Act 1964 is repealed on or before the day on 15
which section 5 of this Act comes into operation, Part 3 16
Division 24 of this Act — 17
(a) does not come into operation; and 18
(b) is repealed when section 5 of this Act comes into 19
operation. 20
211. Certain provisions repealed if not commenced: Mental 21
Health Legislation Amendment Act 2014 22
(1) If the Mental Health Legislation Amendment Act 2014 Part 4 23
Division 4 Subdivision 14 comes into operation on or before the 24
day on which section 5 of this Act comes into operation, 25
sections 147(2) and 148(1) and (3) of this Act — 26
(a) do not come into operation; and 27
(b) are repealed when section 5 of this Act comes into 28
operation. 29
(2) If section 5 of this Act comes into operation before the day on 30
which the Mental Health Legislation Amendment Act 2014 31
Public Health (Consequential Provisions) Bill 2014
Part 3 Amendments to other Acts and repeals
Division 32 Repeals
s. 211
page 116
Part 4 Division 4 Subdivision 14 comes into operation, 1
sections 147(3) and 148(2) and (4) of this Act — 2
(a) do not come into operation; and 3
(b) are repealed when section 5 of this Act comes into 4
operation. 5
(3) If the Mental Health Act 1996 is repealed on or before the day 6
on which section 5 of this Act comes into operation, Part 3 7
Division 21 of this Act — 8
(a) does not come into operation; and 9
(b) is repealed when section 5 of this Act comes into 10
operation. 11
(4) If the Mental Health Legislation Amendment Act 2014 Part 4 12
Division 4 Subdivision 14 comes into operation on or before the 13
day on which section 5 of this Act comes into operation, Part 3 14
Division 22 of this Act — 15
(a) does not come into operation; and 16
(b) is repealed when section 5 of this Act comes into 17
operation. 18
(5) If the Mental Health Legislation Amendment Act 2014 Part 4 19
Division 4 Subdivision 22 comes into operation on or before the 20
day on which section 5 of this Act comes into operation, 21
section 195(1) of this Act — 22
(a) does not come into operation; and 23
(b) is repealed when section 5 of this Act comes into 24
operation. 25
(6) If section 5 of this Act comes into operation before the day on 26
which the Mental Health Legislation Amendment Act 2014 27
Part 4 Division 4 Subdivision 22 comes into operation, 28
section 195(2) of this Act — 29
(a) does not come into operation; and 30
(b) is repealed when section 5 of this Act comes into 31
operation. 32
Public Health (Consequential Provisions) Bill 2014
Amendments to other Acts and repeals Part 3
Repeals
Division 32
s. 212
page 117
212. Subsidiary legislation repealed 1
This subsidiary legislation is repealed: 2
(a) the Annual Report Form (Local Authorities) 3
Regulations; 4
(b) the Form for Result of Sample Analysis Regulations; 5
(c) the Health Act (Local Authorities Sewerage 6
Undertakings) Model By-laws; 7
(d) the Local Health Boards (Annual Statement of 8
Accounts) Regulations 1961; 9
(e) the Model By-laws - Handling Dead Bodies; 10
(f) the Model By-laws - Series “A”. 11
Public Health (Consequential Provisions) Bill 2014
Part 4 Health (Miscellaneous Provisions) Act 1911 amended
Division 1 Act amended
s. 213
page 118
Part 4 — Health (Miscellaneous Provisions) 1
Act 1911 amended 2
Division 1 — Act amended 3
213. Act amended 4
This Part amends the Health (Miscellaneous Provisions) 5
Act 1911. 6
Division 2 — Part I amended 7
214. Section 3 amended 8
(1) In section 3(1) delete the definition of AIDS. 9
(2) In section 3(1) delete the definition of responsible pathologist. 10
215. Section 5 deleted 11
Delete section 5. 12
216. Section 6 deleted 13
Delete section 6. 14
Division 3 — Part II amended 15
217. Section 7 deleted 16
Delete section 7. 17
218. Section 12 deleted 18
Delete section 12. 19
219. Sections 13 and 14 deleted 20
Delete sections 13 and 14. 21
Public Health (Consequential Provisions) Bill 2014
Health (Miscellaneous Provisions) Act 1911 amended Part 4
Part III deleted Division 4
s. 220
page 119
220. Section 15 deleted 1
Delete section 15. 2
221. Section 16 deleted 3
Delete section 16. 4
222. Section 17 deleted 5
Delete section 17. 6
223. Part II Division 2 heading deleted 7
Delete the heading to Part II Division 2. 8
224. Sections 22 and 25 deleted 9
Delete sections 22 and 25. 10
225. Section 26 deleted 11
Delete section 26. 12
226. Section 35 deleted 13
Delete section 35. 14
227. Section 36 deleted 15
Delete section 36. 16
228. Section 38 deleted 17
Delete section 38. 18
229. Part II Division 3 deleted 19
Delete Part II Division 3. 20
Public Health (Consequential Provisions) Bill 2014
Part 4 Health (Miscellaneous Provisions) Act 1911 amended
Division 4 Part III deleted
s. 230
page 120
Division 4 — Part III deleted 1
230. Part III deleted 2
Delete Part III. 3
Division 5 — Part IV amended 4
231. Sections 53 to 63A deleted 5
Delete sections 53 to 63A. 6
232. Section 64 amended 7
After section 64(9) insert: 8
9
(10) This section does not apply on or after the date on 10
which the Public Health (Consequential Provisions) 11
Act 2014 section 232 comes into operation, other than 12
to and in relation to any agreement made under this 13
section and having effect immediately before that 14
section comes into operation. 15
16
233. Sections 65 to 71 deleted 17
Delete sections 65 to 71. 18
234. Sections 72 and 73 deleted 19
Delete sections 72 and 73. 20
235. Section 74 amended 21
After section 74(3) insert: 22
23
(4) This section does not apply on or after the date on 24
which the Public Health (Consequential Provisions) 25
Act 2014 section 235 comes into operation, other than 26
to and in relation to any agreement made under this 27
Public Health (Consequential Provisions) Bill 2014
Health (Miscellaneous Provisions) Act 1911 amended Part 4
Part V deleted Division 6
s. 236
page 121
section and having effect immediately before that 1
section comes into operation. 2
3
236. Sections 75 to 94 deleted 4
Delete sections 75 to 94. 5
237. Part IV Divisions 3 to 5 and 7 to 9 deleted 6
Delete Part IV Divisions 3 to 5 and 7 to 9. 7
Division 6 — Part V deleted 8
238. Part V deleted 9
Delete Part V. 10
Division 7 — Part VI deleted 11
239. Part VI deleted 12
Delete Part VI. 13
Division 8 — Part VII deleted 14
240. Part VII deleted 15
Delete Part VII. 16
Division 9 — Part VIIA amended 17
Subdivision 1 — Amendments to Part VIIA heading 18
241. Part VIIA heading amended 19
In the heading to Part VIIA delete “disinfectants, 20
therapeutic substances and pesticides” and insert: 21
22
disinfectants and therapeutic substances 23
24
Public Health (Consequential Provisions) Bill 2014
Part 4 Health (Miscellaneous Provisions) Act 1911 amended
Division 10 Part IX amended
s. 242
page 122
242. Part VIIA heading replaced 1
Delete the heading to Part VIIA and insert: 2
3
Part VIIA — Analysts 4
5
Subdivision 2 — Part VIIA Division 1 amended 6
243. Section 203 deleted 7
Delete section 203. 8
244. Part VIIA Division 1 deleted 9
Delete Part VIIA Division 1. 10
Subdivision 3 — Part VIIA Division 8 deleted 11
245. Part VIIA Division 8 deleted 12
Delete Part VIIA Division 8. 13
Division 10 — Part IX amended 14
246. Part IX heading and Part IX Division 1 heading deleted 15
Delete the headings to Part IX and Part IX Division 1. 16
247. Section 248 deleted 17
Delete section 248. 18
248. Section 249 deleted 19
Delete section 249. 20
249. Sections 250 to 275 deleted 21
Delete sections 250 to 275. 22
Public Health (Consequential Provisions) Bill 2014
Health (Miscellaneous Provisions) Act 1911 amended Part 4
Part IXA deleted Division 11
s. 250
page 123
250. Part IX Division 2 deleted 1
Delete Part IX Division 2. 2
Division 11 — Part IXA deleted 3
251. Part IXA deleted 4
Delete Part IXA. 5
Division 12 — Part X deleted 6
252. Part X deleted 7
Delete Part X. 8
Division 13 — Part XI deleted 9
253. Part XI deleted 10
Delete Part XI. 11
Division 14 — Part XIII amended 12
254. Section 340 deleted 13
Delete section 340. 14
Division 15 — Parts XIV and XV and Schedules amended 15
255. Part XIV heading amended 16
In the heading to Part XIV delete “and local laws”. 17
256. Section 341 amended 18
Delete section 341(2). 19
257. Section 342 deleted 20
Delete section 342. 21
Public Health (Consequential Provisions) Bill 2014
Part 4 Health (Miscellaneous Provisions) Act 1911 amended
Division 15 Parts XIV and XV and Schedules amended
s. 258
page 124
258. Section 344C amended 1
(1) In section 344C in the Table delete “133, 134(6), (11), (12), 2
(29), (44), (45) and (46),”. 3
(2) In section 344C in the Table delete “146(3), 158(3),”. 4
(3) In section 344C in the Table delete “199(10)”. 5
259. Sections 343 to 348A deleted 6
Delete sections 343 to 348A. 7
260. Sections 349 to 352 deleted 8
Delete sections 349 to 352. 9
261. Section 353 deleted 10
Delete section 353. 11
262. Sections 354 and 355 deleted 12
Delete sections 354 and 355. 13
263. Section 356 deleted 14
Delete section 356. 15
264. Section 357 deleted 16
Delete section 357. 17
265. Sections 358 and 359 deleted 18
Delete sections 358 and 359. 19
266. Section 360 amended 20
(1) Delete section 360(1)(a). 21
(2) Delete section 360(1)(c). 22
(3) Delete section 360(1)(e). 23
Public Health (Consequential Provisions) Bill 2014
Health (Miscellaneous Provisions) Act 1911 amended Part 4
Parts XIV and XV and Schedules amended Division 15
s. 267
page 125
(4) In section 360(1): 1
(a) in paragraph (g)(ii) delete “$500;” and insert: 2
3
$500. 4
5
(b) delete paragraph (h). 6
(5) In section 360(2) delete “Local laws and regulations” and insert: 7
8
Regulations 9
10
(6) In section 360(3) delete “local laws and”. 11
(7) Delete section 360(4)(a). 12
(8) Delete section 360(4)(b) and insert: 13
14
(b) regulations made under section 341. 15
16
(9) Delete section 360(5). 17
(10) In section 360 after each of subsection (1)(b) and (d) insert: 18
19
or 20
21
267. Section 361 amended 22
In section 361 delete “local law,”. 23
268. Section 362 amended 24
In section 362(2): 25
(a) delete “or local law”; 26
Public Health (Consequential Provisions) Bill 2014
Part 4 Health (Miscellaneous Provisions) Act 1911 amended
Division 15 Parts XIV and XV and Schedules amended
s. 269
page 126
(b) delete “or the local government of the district in which 1
the offence is committed, or an officer of the local 2
government,”. 3
269. Section 366 deleted 4
Delete section 366. 5
270. Section 367 deleted 6
Delete section 367. 7
271. Section 368 deleted 8
Delete section 368. 9
272. Sections 369 to 371 deleted 10
Delete sections 369 to 371. 11
273. Sections 373 and 374 deleted 12
Delete sections 373 and 374. 13
274. Section 376 deleted 14
Delete section 376. 15
275. Section 377 amended 16
In section 377: 17
(a) delete paragraphs (1) to (9); 18
(b) in paragraph (10) delete “analysed;” and insert: 19
20
analysed. 21
22
(c) delete paragraph (11). 23
276. Section 377 deleted 24
Delete section 377. 25
Public Health (Consequential Provisions) Bill 2014
Health (Miscellaneous Provisions) Act 1911 amended Part 4
Parts XIV and XV and Schedules amended Division 15
s. 277
page 127
277. Section 378 deleted 1
Delete section 378. 2
278. Schedule 1 deleted 3
Delete Schedule 1. 4
279. Schedule 2 deleted 5
Delete Schedule 2. 6
280. Schedule 4 deleted 7
Delete Schedule 4. 8
281. Schedule 5 amended 9
(1) Delete Schedule 5 Part I and insert: 10
11
Part I 12
Sections 203(2), 225(1) and 238(3) and (5)
13
(2) Delete Schedule 5 Part I. 14
(3) Delete Schedule 5 Part II and insert: 15
16
Part II 17
Sections 224(2), 227(13), 335(3) and 337(6)
18
(4) Delete Schedule 5 Part II and insert: 19
20
Part II 21
Sections 335(3) and 337(6)
22
(5) Delete Schedule 5 Part III. 23
Public Health (Consequential Provisions) Bill 2014
Part 4 Health (Miscellaneous Provisions) Act 1911 amended
Division 15 Parts XIV and XV and Schedules amended
s. 281
page 128
(6) Delete Schedule 5 Part IV and insert: 1
2
Part IV 3
Sections 223(1), 225(2), 227(2), 231(2), 234(1), 240(1), 336(5a),
336A(5a), 336B(7a), 340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2) and 340BM(1) and (2)
4
(7) Delete Schedule 5 Part IV and insert: 5
6
Part IV 7
Sections 336(5a), 336A(5a), 336B(7a), 340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2) and 340BM(1) and (2)
8
(8) Delete Schedule 5 Part V. 9
(9) Delete Schedule 5 Part VI and insert: 10
11
Part VI 12
Sections 221(1), 222, 236(1), 241(1) and 340AL(1c)
13
(10) Delete Schedule 5 Part VI and insert: 14
15
Part VI 16
Section 340AL(1c)
17
(11) Delete Schedule 5 Part VII. 18
(12) Delete Schedule 5 Part VIII. 19
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Biosecurity and Agriculture Management Act 2007 amended Division 1
s. 282
page 129
Part 5 — Other Acts amended 1
Division 1 — Biosecurity and Agriculture Management 2
Act 2007 amended 3
282. Act amended 4
This Division amends the Biosecurity and Agriculture 5
Management Act 2007. 6
283. Section 4 amended 7
(1) After section 4(2)(f) insert: 8
9
(gaa) the Public Health Act 2014; 10
11
(2) Delete section 4(2)(f). 12
284. Section 184 amended 13
(1) In section 184(1) in the definition of information sharing 14
agency before paragraph (f) insert: 15
16
(fb) the department principally assisting in the 17
administration of the Public Health Act 2014; 18
19
(2) In section 184(1) in the definition of information sharing 20
agency delete paragraph (b). 21
Division 2 — Blood Donation (Limitation of Liability) 22
Act 1985 amended 23
285. Act amended 24
This Division amends the Blood Donation (Limitation of 25
Liability) Act 1985. 26
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 3 Botanic Gardens and Parks Authority Act 1998 amended
s. 286
page 130
286. Section 3 amended 1
In section 3 in the definition of Transmissible Diseases 2
Regulations paragraph (a) delete “1911; and” and insert: 3
4
1911 or the Public Health Act 2014; and 5
6
Division 3 — Botanic Gardens and Parks Authority 7
Act 1998 amended 8
287. Act amended 9
This Division amends the Botanic Gardens and Parks Authority 10
Act 1998. 11
288. Section 44A inserted 12
At the beginning of Part 8 insert: 13
14
44A. Chief Health Officer responsible for public health 15
matters 16
(1) In this section — 17
Chief Health Officer has the meaning given in the 18
Public Health Act 2014 section 4(1); 19
public health has the meaning given in the Public 20
Health Act 2014 section 4(1). 21
(2) For the purposes of protecting, promoting and 22
improving public health in relation to any designated 23
land, the Chief Health Officer has all the powers and 24
authority of a local government under the Local 25
Government Act 1995 as if — 26
(a) the designated land were a district for the 27
purposes of that Act; and 28
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Botanic Gardens and Parks Authority Act 1998 amended Division 3
s. 288
page 131
(b) the Chief Health Officer were the local 1
government for that district. 2
(3) The power and authority conferred on the Chief Health 3
Officer by subsection (2) includes the power to make 4
and enforce local laws under the Local Government 5
Act 1995. 6
(4) However — 7
(a) nothing in the Local Government Act 1995 8
Part 3 Division 2 Subdivision 2 (other than 9
sections 3.12(5) and (8), 3.14(1) and 3.15) 10
applies to or in respect of the making of local 11
laws by the Chief Health Officer; and 12
(b) before making local laws, the Chief Health 13
Officer must consult with the Authority, and 14
consider any advice provided by the Authority. 15
(5) If there is a conflict or inconsistency between a local 16
law made by the Chief Health Officer under 17
subsection (2) and a local law made by a local 18
government under the Local Government Act 1995 or 19
any other Act, the local law made by the Chief Health 20
Officer prevails to the extent of the conflict or 21
inconsistency. 22
23
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 4 Country Areas Water Supply Act 1947 amended
s. 289
page 132
Division 4 — Country Areas Water Supply Act 1947 amended 1
289. Act amended 2
This Division amends the Country Areas Water Supply 3
Act 1947. 4
290. Section 12 replaced 5
Delete section 12 and insert: 6
7
12. Pollution of water 8
A person must not — 9
(a) pollute any water within or under a water 10
reserve or catchment area; or 11
(b) allow or permit any water within or under a 12
water reserve or catchment area to become 13
polluted. 14
Penalty: a fine of $10 000 and imprisonment for 15
one year. 16
17
Division 5 — Cremation Act 1929 amended 18
291. Act amended 19
This Division amends the Cremation Act 1929. 20
292. Section 8A amended 21
(1) In section 8A(b) delete “Act 1911;” and insert: 22
23
Act 1911 or the Public Health Act 2014; 24
25
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Dog Act 1976 amended Division 6
s. 293
page 133
(2) In section 8A(b) delete “Health (Miscellaneous Provisions) 1
Act 1911 or the”. 2
Division 6 — Dog Act 1976 amended 3
293. Act amended 4
This Division amends the Dog Act 1976. 5
294. Section 52 amended 6
In section 52(1) delete “the Health (Miscellaneous Provisions) 7
Act 1911,”. 8
Division 7 — Equal Opportunity Act 1984 amended 9
295. Act amended 10
This Division amends the Equal Opportunity Act 1984. 11
296. Section 66U amended 12
(1) In section 66U(1) delete “an infectious” and insert: 13
14
a notifiable infectious 15
16
(2) Delete section 66U(3) and insert: 17
18
(3) In this section — 19
notifiable infectious disease has the meaning given in 20
the Public Health Act 2014 section 4(1). 21
22
Division 8 — Fair Trading Act 2010 amended 23
297. Act amended 24
This Division amends the Fair Trading Act 2010. 25
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 9 Gaming and Wagering Commission Act 1987 amended
s. 298
page 134
298. Schedule 1 amended 1
(1) In Schedule 1 delete “Health (Miscellaneous Provisions) Act 1911”. 2
(2) In Schedule 1 insert in alphabetical order: 3
4
Public Health Act 2014 5
6
Division 9 — Gaming and Wagering Commission 7
Act 1987 amended 8
299. Act amended 9
This Division amends the Gaming and Wagering Commission 10
Act 1987. 11
300. Section 55 amended 12
In section 55(3)(a) delete “Health (Miscellaneous Provisions) 13
Act 1911,” and insert: 14
15
Public Health Act 2014, 16
17
Division 10 — Housing Act 1980 amended 18
301. Act amended 19
This Division amends the Housing Act 1980. 20
302. Section 5 amended 21
In section 5(1) delete the definition of local government. 22
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Human Reproductive Technology Act 1991 amended Division 11
s. 303
page 135
Division 11 — Human Reproductive Technology 1
Act 1991 amended 2
303. Act amended 3
This Division amends the Human Reproductive Technology 4
Act 1991. 5
304. Section 39 amended 6
In section 39(2)(d)(ii) after “Health (Miscellaneous Provisions) 7
Act 1911” insert: 8
9
or the Public Health Act 2014 10
11
Division 12 — Land Administration Act 1997 amended 12
305. Act amended 13
This Division amends the Land Administration Act 1997. 14
306. Section 53A inserted 15
At the end of Part 4 insert: 16
17
53A. Chief Health Officer responsible for public health 18
matters in class A reserves 19
(1) In this section — 20
Chief Health Officer has the meaning given in the 21
Public Health Act 2014 section 4(1); 22
public health has the meaning given in the Public 23
Health Act 2014 section 4(1). 24
(2) For the purposes of protecting, promoting and 25
improving public health in relation to any class A 26
reserve, the Chief Health Officer has all the powers and 27
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 12 Land Administration Act 1997 amended
s. 306
page 136
authority of a local government under the Local 1
Government Act 1995 as if — 2
(a) the class A reserve were a district for the 3
purposes of that Act; and 4
(b) the Chief Health Officer were the local 5
government for that district. 6
(3) The power and authority conferred on the Chief Health 7
Officer by subsection (2) includes the power to make 8
and enforce local laws under the Local Government 9
Act 1995. 10
(4) However — 11
(a) nothing in the Local Government Act 1995 12
Part 3 Division 2 Subdivision 2 (other than 13
sections 3.12(5) and (8), 3.14(1) and 3.15) 14
applies to or in respect of the making of local 15
laws by the Chief Health Officer; and 16
(b) before making local laws in relation to a 17
class A reserve, the Chief Health Officer 18
must — 19
(i) consult with the management body of 20
the reserve or, if there is no 21
management body, the Minister; and 22
(ii) consider any advice provided by the 23
management body or, as the case 24
requires, the Minister. 25
(5) If there is a conflict or inconsistency between a local 26
law made by the Chief Health Officer under 27
subsection (2) and a local law made by a local 28
government under the Local Government Act 1995 or 29
any other Act, the local law made by the Chief Health 30
Officer prevails to the extent of the conflict or 31
inconsistency. 32
33
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Liquor Control Act 1988 amended Division 13
s. 307
page 137
Division 13 — Liquor Control Act 1988 amended 1
307. Act amended 2
This Division amends the Liquor Control Act 1988. 3
308. Section 39 amended 4
In section 39(2)(a)(i) delete “Health (Miscellaneous Provisions) 5
Act 1911; and” and insert: 6
7
Public Health Act 2014; and 8
9
309. Section 69 amended 10
In section 69(8)(a) delete “Health (Miscellaneous Provisions) 11
Act 1911; or” and insert: 12
13
Public Health Act 2014; or 14
15
310. Section 95 amended 16
In section 95(4)(f)(iii) after “Health (Miscellaneous Provisions) 17
Act 1911” insert: 18
19
or the Public Health Act 2014 20
21
Division 14 — Marketing of Potatoes Act 1946 amended 22
311. Act amended 23
This Division amends the Marketing of Potatoes Act 1946. 24
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 15 Medicines and Poisons Act 2014 amended
s. 312
page 138
312. Section 22B amended 1
In section 22B(5) after “Health (Miscellaneous Provisions) 2
Act 1911” insert: 3
4
or the Public Health Act 2014 5
6
Division 15 — Medicines and Poisons Act 2014 amended 7
313. Act amended 8
This Division amends the Medicines and Poisons Act 2014. 9
314. Section 16 amended 10
(1) Before section 16(1) insert: 11
12
(1A) In this section — 13
Agvet Code of Western Australia has the meaning 14
given in the Agricultural and Veterinary Chemicals 15
(Western Australia) Act 1995 section 3; 16
pesticide means an agricultural chemical product as 17
defined in the Agvet Code of Western Australia. 18
19
(2) Delete section 16(2)(b) and insert: 20
21
(b) the Schedule 7 poison is a pesticide and — 22
(i) the person is authorised under the 23
Public Health Act 2014 to use or 24
possess the poison; and 25
(ii) the use or possession by the person is in 26
accordance with that authorisation; 27
or 28
29
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended
Division 16
s. 315
page 139
315. Section 155 deleted 1
Delete section 155. 2
Division 16 — Metropolitan Water Supply, Sewerage, and 3
Drainage Act 1909 amended 4
316. Act amended 5
This Division amends the Metropolitan Water Supply, 6
Sewerage, and Drainage Act 1909. 7
317. Section 17 replaced 8
Delete section 17 and insert: 9
10
17. Pollution of water 11
A person must not — 12
(a) pollute any water within or under a water 13
reserve or catchment area; or 14
(b) allow or permit any water within or under a 15
water reserve or catchment area to become 16
polluted. 17
Penalty: a fine of $10 000 and imprisonment for 18
one year. 19
20
Division 17 — Misuse of Drugs Act 1981 amended 21
318. Act amended 22
This Division amends the Misuse of Drugs Act 1981. 23
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 17 Misuse of Drugs Act 1981 amended
s. 319
page 140
319. Section 3 amended 1
In section 3(1) delete the definition of analyst and insert: 2
3
analyst means a person who — 4
(a) holds a science degree in, or to a major extent 5
in, chemistry awarded by — 6
(i) a university in Australia; or 7
(ii) a prescribed university; 8
and 9
(b) has had not less than 2 years’ practical 10
experience in the chemical analysis of drugs; 11
12
320. Section 38D amended 13
(1) Delete section 38D(1) and insert: 14
15
(1) In this section — 16
CEO (Health) has the meaning given to CEO by the 17
Health Legislation Administration Act 1984 section 3; 18
Chief Health Officer has the meaning given in the 19
Public Health Act 2014 section 4(1); 20
needle and syringe programme means a needle and 21
syringe programme (as defined in the Public Health 22
Act 2014 section 4(1)) approved under that Act. 23
24
(2) After section 38D(2) insert: 25
26
(3) In any proceedings under this Act, production of a 27
certificate purporting to be signed by the Chief Health 28
Officer and stating that on any date or during any 29
period a specified needle and syringe programme was 30
approved under the Public Health Act 2014 is, without 31
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Poisons Act 1964 amended Division 18
s. 321
page 141
proof of the signature of the Chief Health Officer, 1
sufficient evidence of the facts stated in the certificate. 2
3
Note: The heading to amended section 38D is to read: 4
Evidence of contents of standard and approval 5
321. Part VII Division 3 inserted 6
After Part VII Division 2 insert: 7
8
Division 3 — Provisions for Public Health 9
(Consequential Provisions) Act 2014 10
49. Transitional provision for registered analysts 11
(1) Despite the replacement, by the Public Health 12
(Consequential Provisions) Act 2014 section 319 13
(section 319), of the definition of analyst in 14
section 3(1), any person who, immediately before 15
section 319 comes into operation, is an approved 16
analyst under a declaration made under section 3A 17
continues to be an approved analyst under and subject 18
to section 3A. 19
(2) A thing done or omitted to be done under this Act by, 20
to or in relation to an analyst (as defined in section 3(1) 21
as in force immediately before section 319 comes into 22
operation) has the same effect on and after the day on 23
which section 319 comes into operation, to the extent 24
that it has any force or significance on or after that day, 25
as if the thing had been done or omitted by, to or in 26
relation to an analyst as defined in section 3(1) after 27
section 319 comes into operation. 28
29
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 18 Poisons Act 1964 amended
s. 322
page 142
Division 18 — Poisons Act 1964 amended 1
322. Act amended 2
This Division amends the Poisons Act 1964. 3
323. Section 6 amended 4
(1) In section 6(1) after “Health (Miscellaneous Provisions) 5
Act 1911,” insert: 6
7
and of the Public Health Act 2014, 8
9
(2) In section 6(1) delete “of the Health (Miscellaneous Provisions) 10
Act 1911, and”. 11
324. Section 60 amended 12
Delete section 60(2) and insert: 13
14
(2) In this section — 15
analyst has the meaning given in the Misuse of Drugs 16
Act 1981 section 3(1). 17
18
325. Section 64 amended 19
(1) Delete section 64(3) and insert: 20
21
(3) Regulations made under this section are in addition to, 22
and not in derogation of, the following — 23
(a) regulations made under the Health 24
(Miscellaneous Provisions) Act 1911 or the 25
Misuse of Drugs Act 1981; 26
(b) regulations made under the Public Health 27
Act 2014. 28
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Public Health Act 2014 amended Division 19
s. 326
page 143
(4) If and to the extent that there is an inconsistency 1
between regulations made under this section and any 2
regulations referred to in subsection (3)(a) or (b), the 3
regulations made under this section prevail. 4
5
(2) In section 64(3)(a) delete “the Health (Miscellaneous 6
Provisions) Act 1911 or”. 7
Division 19 — Public Health Act 2014 amended 8
326. Act amended 9
This Division amends the Public Health Act 2014. 10
327. Section 291 amended 11
In section 291(2) after “this Act” insert: 12
13
or the Health (Miscellaneous Provisions) Act 1911 Part XI 14
15
Division 20 — Rates and Charges (Rebates and Deferments) 16
Act 1992 amended 17
328. Act amended 18
This Division amends the Rates and Charges (Rebates and 19
Deferments) Act 1992. 20
329. Section 3 amended 21
(1) In section 3(1) in the definition of prescribed charge after 22
paragraph (b)(iii) insert: 23
24
(iva) the Public Health Act 2014; or 25
26
(2) In section 3(1) in the definition of prescribed charge delete 27
paragraph (b)(iii). 28
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 21 amended
s. 330
page 144
Division 21 — Road Safety Council Act 2002 amended 1
330. Act amended 2
This Division amends the Road Safety Council Act 2002. 3
331. Section 6 amended 4
In section 6(1)(h) delete “Health (Miscellaneous Provisions) 5
Act 1911;” and insert: 6
7
Public Health Act 2014; 8
9
Division 22 — Road Traffic Act 1974 amended 10
332. Act amended 11
This Division amends the Road Traffic Act 1974. 12
333. Section 70 amended 13
In section 70(7) delete the definition of technologist and insert: 14
15
technologist means a person approved, or belonging to 16
a class of persons approved, by the Minister to prepare 17
sampling equipment. 18
19
Division 23 — Rottnest Island Authority Act 1987 amended 20
334. Act amended 21
This Division amends the Rottnest Island Authority Act 1987. 22
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Rottnest Island Authority Act 1987 amended Division 23
s. 335
page 145
335. Section 45 replaced 1
Delete section 45 and insert: 2
3
45. Chief Health Officer responsible for public health 4
matters 5
(1) In this section — 6
public health has the meaning given in the Public 7
Health Act 2014 section 4(1). 8
(2) For the purposes of protecting, promoting and 9
improving public health in relation to the Island, the 10
Chief Health Officer has all the powers and authority 11
of a local government under the Local Government 12
Act 1995 as if — 13
(a) the Island were a district for the purposes of 14
that Act; and 15
(b) the Chief Health Officer were the local 16
government for that district. 17
(3) The power and authority conferred on the Chief Health 18
Officer by subsection (2) includes the power to make 19
and enforce local laws under the Local Government 20
Act 1995. 21
(4) However — 22
(a) nothing in the Local Government Act 1995 23
Part 3 Division 2 Subdivision 2 (other than 24
sections 3.12(5) and (8), 3.14(1) and 3.15) 25
applies to or in respect of the making of local 26
laws by the Chief Health Officer; and 27
(b) before making local laws, the Chief Health 28
Officer must consult with the Authority, and 29
consider any advice provided by the Authority. 30
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 24 Sentencing Act 1995 amended
s. 336
page 146
(5) If there is a conflict or inconsistency between a local 1
law made by the Chief Health Officer under 2
subsection (2) and a local law made by a local 3
government under the Local Government Act 1995 or 4
any other Act, the local law made by the Chief Health 5
Officer prevails to the extent of the conflict or 6
inconsistency. 7
8
Division 24 — Sentencing Act 1995 amended 9
336. Act amended 10
This Division amends the Sentencing Act 1995. 11
337. Schedule 1 amended 12
In Schedule 1 delete the item relating to the Health 13
(Miscellaneous Provisions) Act 1911. 14
Division 25 — Swan and Canning Rivers Management 15
Act 2006 amended 16
338. Act amended 17
This Division amends the Swan and Canning Rivers 18
Management Act 2006. 19
339. Schedule 5 amended 20
Delete Schedule 5 item 1(i) and insert: 21
22
(i) the Public Health Act 2014; 23
24
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended
Division 26
s. 340
page 147
Division 26 — Veterinary Chemical Control and Animal Feeding 1
Stuffs Act 1976 amended 2
340. Act amended 3
This Division amends the Veterinary Chemical Control and 4
Animal Feeding Stuffs Act 1976. 5
341. Section 9 amended 6
In section 9 after “Health (Miscellaneous Provisions) 7
Act 1911,” (each occurrence) insert: 8
9
the Food Act 2008, the Public Health Act 2014 10
11
342. Section 9 replaced 12
Delete section 9 and insert: 13
14
9. Act to be construed subject to certain laws 15
(1) This Act is in addition to, and not in derogation of, the 16
following — 17
(a) the Health (Miscellaneous Provisions) 18
Act 1911; 19
(b) the Food Act 2008; 20
(c) the Medicines and Poisons Act 2014; 21
(d) the Public Health Act 2014. 22
(2) If and to the extent that there is an inconsistency 23
between this Act, or any regulations made under this 24
Act, and any of the Acts referred to in subsection (1) or 25
any regulations made under any of those Acts, those 26
Acts and regulations prevail. 27
28
Public Health (Consequential Provisions) Bill 2014
Part 5 Other Acts amended
Division 27 Waste Avoidance and Resource Recovery Act 2007 amended
s. 343
page 148
Division 27 — Waste Avoidance and Resource Recovery 1
Act 2007 amended 2
343. Act amended 3
This Division amends the Waste Avoidance and Resource 4
Recovery Act 2007. 5
344. Section 7 amended 6
In section 7(1) delete “1911.” and insert: 7
8
1911 or the Public Health Act 2014. 9
10
Division 28 — Water Services Act 2012 amended 11
345. Act amended 12
This Division amends the Water Services Act 2012. 13
346. Section 33 amended 14
In section 33(2) delete “Health (Miscellaneous Provisions) 15
Act 1911” and insert: 16
17
Public Health Act 2014 18
19
347. Section 214 amended 20
In section 214(1) in the definition of information sharing 21
agency paragraph (e) delete “Health (Miscellaneous Provisions) 22
Act 1911;” and insert: 23
24
Public Health Act 2014; 25
26
Public Health (Consequential Provisions) Bill 2014
Other Acts amended
Part 5
Waterways Conservation Act 1976 amended Division 29
s. 348
page 149
348. Section 216 amended 1
In section 216(2) delete “Health (Miscellaneous Provisions) 2
Act 1911 Part IV” and insert: 3
4
Public Health Act 2014 5
6
Note: The heading to amended section 216 is to read: 7
Relationship of this Act to Rights in Water and Irrigation Act 1914 8
and Public Health Act 2014 9
Division 29 — Waterways Conservation Act 1976 amended 10
349. Act amended 11
This Division amends the Waterways Conservation Act 1976. 12
350. Section 5 amended 13
(1) In section 5(2) after paragraph (b) insert: 14
15
(ca) the Public Health Act 2014; or 16
17
(2) Delete section 5(2)(b). 18
Public Health (Consequential Provisions) Bill 2014
Part 6 Repeals
s. 351
page 150
Part 6 — Repeals 1
351. Provision repealed if not commenced 2
If the Medicines and Poisons Act 2014 section 158 comes into 3
operation on or before the day on which section 276 of this Act 4
comes into operation, section 275 of this Act — 5
(a) does not come into operation; and 6
(b) is repealed when section 276 of this Act comes into 7
operation. 8
9