Public Health Act 1962
An Act to consolidate and amend the law relating to public health
[Royal Assent 14 February 1963]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Public Health Act 1962 .(2) This Act shall commence on the day on which the Local Government Act 1962 commences.
The Acts that are specified in the first schedule are repealed.
[Section 3 Amended by No. 35 of 1966, s. 2 ][Section 3 Amended by No. 46 of 1983, s. 3 ][Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Amended by No. 19 of 1993, s. 4 ][Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –burial of the dead includes such mode of disposing of the dead as the Governor authorizes or directs;cervical cancer means the malignant growth of human tissue in the uterine cervix which, if unchecked, is likely to spread to adjacent tissue and beyond its site of origin and which has a tendency to recur;cervical cancer test means a test which –(a) is undertaken to determine whether or not a woman is suffering from cancer of the uterine cervix or any of its precursors; and(b) includes, or consists of, a pathological examination of a specimen from the woman;Cervical Cytology Register means the register maintained under section 53A ;Child means a person who is under the age of sixteen years;clerk means a general manager within the meaning of the Local Government Act 1993 ;corporation means a council;Director means the Director of Public Health appointed under section 5AA ;disease, when used alone, means any disease affecting man, and includes an infectious disease and a notifiable disease;district means a municipal area;drug includes medicine for internal or external use;health officer means an officer appointed under section seven ;house includes a dwelling of any kind;infectious disease means a disease declared by the Governor to be an infectious disease for the purposes of this Act;medical officer of health means a medical officer of health who is a health officer;medical practitioner means a legally-qualified medical practitioner;Minister includes a delegate of the Minister exercising or performing a power, discretion, or function of the Minister under section six ;municipal district means a municipal area;municipal health surveyor means a health surveyor appointed by a council;municipal medical officer of health means a medical officer of health appointed by a council;municipality means a council;notifiable disease means a disease declared by the Governor to be a notifiable disease for the purposes of this Act;occupier includes a person who has charge of any premises, and, in the case of a building let to separate tenants, includes the person receiving the rents thereof, whether for himself or as agent for another person;owner means the person who is entitled to receive the rent of the premises in respect of which the term is used, or who would be so entitled if they were let at a rack rent, whether for himself or in trust for any other person;premises means land, and includes a floating structure;public vehicle means a coach, cab, omnibus, or other vehicle, or an aircraft, in which passengers are carried for hire, and includes a tramcar, a railway carriage, and a coastal ship or boat or river ship or boat;street means a highway, and includes any public bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not;venereal disease means gonorrhœa, gonorrhœal ophthalmia, ophthalmia neonatorum, syphilis, soft chancre, venereal warts, or venereal granuloma.
Where it is provided in this Act that the Minister shall do anything by order or warrant –(a) the order shall be under the Minister's official seal; or(b) the warrant shall be under the Minister's hand or official seal.
5. Application of Act to Crown properties
The provisions of this Act apply to all premises that are the property of Her Majesty, unless the Minister, by order, has exempted any particular premises from all or any of those provisions.
PART II - Administration
5AA. Director of Public Health
[Section 5AA Inserted by No. 5 of 1990, s. 3 and Sched. 1 ]The Governor may appoint a person to be Director of Public Health and that person may hold that office in conjunction with a position or an office under the Tasmanian State Service Act 1984 .
5A. Qualifications of Director
[Section 5A Inserted by No. 35 of 1966, s. 3 ][Section 5A Amended by No. 5 of 1990, s. 3 and Sched. 1 ]No person shall be appointed as Director unless he is a medical practitioner.
[Section 6 Subsection (1) amended by No. 46 of 1983, s. 4 ][Section 6 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 6 Subsection (2) amended by No. 46 of 1983, s. 4 ][Section 6 Subsection (5) amended by No. 100 of 1984, s. 4 ][Section 6 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 6 Amended by No. 100 of 1984, s. 4 ][Section 6 Amended by No. 30 of 1995, s. 3 and Sched. 1 ](1) [Section 6 Subsection (1) amended by No. 54 of 1973, s. 2 ]The Minister may, on the recommendation of the Secretary of the Department, by writing under his official seal, delegate to a medical practitioner who is an employee, within the meaning of that Act, the exercise and performance of all or any of his powers, discretions, and functions under an Act to which this section relates, so that the delegated powers, discretions, or functions may be exercised or performed by the delegate with respect to the matter or class of matters specified in the instrument of delegation.(2) [Section 6 Subsection (2) amended by No. 54 of 1973, s. 2 ]Where, by or under an Act to which this section relates, the exercise or performance of a power, discretion, or function is dependent upon the opinion, belief, or state of mind of the Minister in relation to a matter, and the exercise or performance of that power, discretion, or function has been delegated by the Minister pursuant to subsection (1) of this section, that power, discretion, or function may be exercised or performed upon the opinion, belief, or state of mind of the delegate in relation to that matter.(3) [Section 6 Subsection (3) amended by No. 46 of 1983, s. 4 ]A delegation by the Minister under subsection (1) of this section is revocable in writing at the will of the Minister and does not prevent or affect the exercise or performance of any power or function by the Minister.(4) A delegate of the Minister under this section who is empowered to do anything by order may use his own seal or a seal approved by the Minister.(5) [Section 6 Subsection (5) amended by No. 46 of 1983, s. 4 ]Subject to this section, the Director may, with the approval of the Minister, by instrument in writing, delegate to a health officer or to a municipal health surveyor the exercise or performance of all or any of his powers, discretions, or functions –so that the delegated powers, discretions, or functions may be exercised or performed by the delegate with respect to the matter or class of matters specified in the instrument of delegation, and so that subsections (2) and (3) of this section apply as if the Director were mentioned therein instead of the Minister.(a) the exercise or performance of which has been delegated to him under this section; or(b) conferred on him by or under any other enactment –(5A) [Section 6 Subsection (5A) inserted by No. 46 of 1983, s. 4 ]The Director may delegate to a municipal health surveyor the exercise of any powers or discretions, or the performance of any functions, referred to in subsection (5) only at the request of the council which appointed the surveyor under Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 and subject to such conditions or limitations as to the exercise of those powers or discretions, or the performance of those functions, as are specified in the instrument of delegation.(5B) [Section 6 Subsection (5B) inserted by No. 46 of 1983, s. 4 ]A municipal health surveyor to whom the Director delegates the exercise of a power or discretion, or the performance of a function, referred to in subsection (5) –(a) shall exercise that power or discretion, or perform that function, only in the municipal district of the municipality by which the surveyor was appointed as mentioned in subsection (5A) or for which the surveyor was appointed as so mentioned; and(b) does not, by virtue of the delegation to him under that subsection, become a health officer, whether within that municipal district or within any other municipal district.(6) [Section 6 Subsection (6) amended by No. 46 of 1983, s. 4 ]The exercise and performance of the powers, discretions, and functions of the Director under Part IV may be delegated –(a) only to a medical officer of health appointed under section seven ; and(b) without the approval of the Minister.(7) [Section 6 Subsection (7) substituted by No. 46 of 1983, s. 4 ]A person who, while acting under a delegation pursuant to this section, does any matter or thing, or omits to do any matter or thing, in good faith has all the rights of indemnity and immunity of the person giving the delegation.(8) [Section 6 Subsection (8) added by No. 54 of 1973, s. 2 ]In this section Act to which this section relates means –(a) this Act, section eight excepted, and any Act or enactment that is incorporated with this Act or with which this Act is incorporated;(b) the Waterworks Clauses Act 1952 ;(c) the Sewers and Drains Act 1954 ;(d) the Water Act 1957 ; and(e) the Local Government (Building and Miscellaneous Provisions) Act 1993 .
(1) [Section 7 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may –to be medical officers of health, health inspectors and other health officers for the purposes of this Act and those persons shall hold office in conjunction with their positions or offices under the Tasmanian State Service Act 1984 .(a) appoint, by warrant, persons employed in that Department; and(b) with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint, by warrant, persons employed in that Agency –(2) [Section 7 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]No person shall hold a warrant as a medical officer of health under this section unless he is a medical practitioner.(3) A person appointed under this section is, in the performance of his duties as a health officer, subject to the control of the Director.
(1) [Section 8 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where the Minister considers it necessary or desirable for the health of the public or of persons occupying or resorting to any place so to do, he may recommend to a corporation that it exercise any power vested in it, including a power to make by-laws, and the corporation shall comply with the recommendation.(2) A recommendation under this section shall be under the hand of the Minister, and shall specify with reasonable particularity what he recommends that the corporation should do, and the reason why it should be done.(3) [Section 8 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]If the existence of a particular state of mind in the corporation is a condition of any exercise of power recommended by the Minister pursuant to this section, it shall be deemed to have the same state of mind as the Minister declares himself to have in his recommendation.(4) [Section 8 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ]If the corporation fails to comply with a recommendation under this section the Minister may, without prejudice to any other mode of enforcing compliance therewith –that the corporation or its officers might have made, given, issued, served, executed, or taken for the purpose of complying with his recommendation, and may recover from the corporation in his own name and for the benefit of the Consolidated Revenue the costs and expenses of the Crown incurred by reason of his so doing.(a) make or serve any order;(b) give, issue, or serve any notice;(c) cause the execution of any work; or(d) take any proceedings, legal or administrative –
(1) [Section 9 Subsection (1) amended by No. 100 of 1984, s. 5 ]Medical officers of health may exercise all the powers of municipal medical officers of health and of municipal health surveyors.(2) A health officer may, to assist the Minister in the exercise of his powers under subsection (4) of section eight, exercise any power of the Minister under that subsection.
10. Health officer to have powers of municipal health surveyors
[Section 10 Amended by No. 100 of 1984, s. 6 ]Health officers, in addition to the powers conferred on them by this Act, have all the powers of a health surveyor appointed by a municipality.
11. Rules as to entry and inspection of occupied premises
[Section 11 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 11 Subsection (1) amended by No. 72 of 1974, s. 5 and Sched. 1 ]Where the Minister, or any officer or other person, or a municipality, is empowered by any of the provisions of this Act to inspect or enter any premises, the following provisions apply, that is to say:(a) The person so claiming the right to enter (if he is not the Minister or the Director) shall, if required, produce his warrant under section seven or some written document, properly authenticated on the part of the Minister or municipality, showing the right of the person producing it to enter;(b) The entry and inspection may be carried out at any reasonable hour; and(c) If a magistrate or two other justices is or are satisfied upon complaint that –the magistrate may, by warrant under his hand, or, as the case may be, the two other justices may, by warrant under their hands, authorize the person claiming the right to enter the premises to enter them, and if need be by force and with such assistance as he may require, and there execute his duties under this Act.(i) there is reasonable ground for the entry, and that there has been a refusal or failure to admit to the premises, and either that reasonable notice of the intention to apply for a warrant has been given, or that the giving of notice would defeat the object of the entry; or(ii) there is reasonable cause to believe that there is on the premises some contravention of this Act, or of any regulation or by-law under this Act, and that an application for admission, or notice of an application for a warrant, would defeat the object of the entry –(2) [Section 11 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who obstructs the execution of a warrant under this section is guilty of an offence and is liable to a fine not exceeding 5 penalty units, or, where the offence is a continuing one, to a fine not exceeding 0·5 penalty unit for every day on which the offence is continued.(3) A warrant under this section continues in force until the purposes for which the entry is necessary have been satisfied.
PART III - [Part III Heading substituted by No. 35 of 1966, s. 4 ]Infectious and notifiable diseases
(1) [Section 12 Subsection (1) amended by No. 35 of 1966, s. 5 ]In this Part, unless the contrary intention appears –carrier means a person who has in his nose or throat or in his excretions or discharges germs of an infectious disease or a notifiable disease, although presenting no obvious signs or symptoms of that disease;contact means a person who, within the previous twenty-one days, has been in contact with or close proximity to a person who is suffering from an infectious disease or a notifiable disease, or who has been in any place set apart for the treatment or isolation of persons suffering from an infectious disease or a notifiable disease, or in any premises where there has been within the previous twenty-one days a person suffering from an infectious disease or a notifiable disease.(2) [Section 12 Subsection (2) amended by No. 35 of 1966, s. 5 ]For the purposes of this Act, a carrier shall be deemed to be suffering from the disease in relation to which he is a carrier.
13. Power of Governor to declare a disease to be infectious
(1) [Section 13 Subsection (1) substituted by No. 35 of 1966, s. 6 ]The Governor may, by proclamation, declare any disease to be an infectious disease or a notifiable disease for the purposes of this Act, and the same disease may be declared under this section to be both an infectious disease and a notifiable disease.(2) [Section 13 Subsection (2) amended by No. 35 of 1966, s. 6 ]The Minister may, by notice in the Gazette, exclude the application of any of the provisions of this Part so far as they relate to a specified infectious disease or a specified notifiable disease, either for a specified time or indefinitely.
14. Regulations to prevent the spread of infectious disease
[Section 14 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 14 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 14 Subsection (1) amended by No. 35 of 1966, s. 7 ]For the purpose of preventing or checking the spread of an infectious disease or a notifiable disease, the Governor may make regulations prescribing –and generally enforcing all such cleansing, ventilating, disinfecting, and other measures as are deemed necessary in order to prevent or check the spread of the disease.(a) house-to-house visitation, and inspection of the houses, the occupants thereof, and the things therein, as also of the out-buildings, yards, drains, and sewers connected with any house;(b) the cleansing and disinfecting of houses, buildings, yards, drains, sewers, and things;(c) the ventilating of houses or buildings, or of rooms therein;(d) the registering of hotels, public-houses, and lodging-houses, and regulating the number of lodgers that may be kept therein;(e) the isolation for the public welfare of any part of the State, and for the isolating or disinfecting of persons, houses, buildings, places, and things;(f) the provision of medical or other aid and accommodation for the sick;(g) the removal and curative treatment of the sick, and the removal and detention of any other persons;(h) the speedy burial of the dead;(i) the destruction or repair of insanitary buildings and things;(j) the destruction of rats and other animals suffering from a disease that is liable to be transmitted to man, or of animals, including insects, suspected of suffering from any such disease or liable to convey any such disease to man;(k) the control and direction of ships from infected ports or places, including the berthing and discharge of the ships, and the treatment of the cargo, and of bilge water, drinking water, and ballast of whatever nature;(l) the control and management of any hospital erected for the accommodation of persons suffering from an infectious disease or a notifiable disease, or any place of isolation;(m) the conditions under which, and circumstances in which, carriers or contacts may be isolated or required to submit to such treatment as may be specified by a health officer or a municipal medical officer of health;(n) the clinical, chemical, bacteriological, and other examinations necessary to ascertain whether any person is suffering from an infectious disease or a notifiable disease, and whether any person who has been suffering from an infectious disease or a notifiable disease has ceased to be liable to convey infection; and(o) that carriers or contacts shall report themselves and submit themselves to medical examination at such times and places as are specified by a health officer or a municipal medical officer of health –(2) [Section 14 Subsection (2) amended by No. 55 of 1965, s. 5 ]Regulations under this section may impose fines not exceeding 30 penalty units for any breach of the regulations.(3) The Governor may, by order, declare that any specified regulation under this section shall have effect within the whole or such specified parts of the State as the Minister by notice in the Gazette at any time may direct.
15. Power to use certain lands for infectious disease hospitals
(1) A temporary hospital for persons suffering from an infectious disease may, if the Governor by warrant so authorizes, be erected on any endowment or reserve, notwithstanding any enactment, condition, or trust affecting the endowment or reserve to the contrary.(2) The Minister shall cause a warrant issued under this section to be published forthwith in the Gazette.(3) The Governor, when the need for a temporary hospital established under this section is over, shall, by notice in the Gazette, revoke his warrant therefor, and thereafter any such enactment, condition, or trust has effect as if this section had not been passed, and the hospital shall be removed, made use of, or otherwise disposed of, in such manner as the Minister directs, consistently with any such enactment, condition, or trust.
16. Power of Minister to act in special emergency
[Section 16 Amended by No. 35 of 1966, s. 8 ][Section 16 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where the Minister considers it necessary or desirable so to do, he may, without any recommendation as provided in section eight , himself exercise, at the expense in all things of a corporation, any function or power which might lawfully be exercised by the corporation for the purpose of doing anything to prevent or check the spread of an infectious disease or a notifiable disease.
17. Further special powers of Minister
(1) [Section 17 Subsection (1) amended by No. 35 of 1966, s. 9 ]In addition to the powers conferred by section sixteen , for the purpose of more effectively checking or preventing the spread of an infectious disease or a notifiable disease within or with respect to a district, or any part thereof, the Minister may, by order –(a) declare any land, building, or thing to be insanitary, and forbid any insanitary building to be used or occupied for any purpose;(b) cause any insanitary building to be pulled down, and the timber and other materials thereof to be destroyed or otherwise disposed of as he thinks fit;(c) cause insanitary or infected things to be destroyed or otherwise disposed of as he thinks fit;(d) cause animals, including insects, infected, or suspected of being or liable to be infected or to convey infection, to be destroyed in such manner as he thinks fit;(e) require persons to report themselves or submit themselves for medical examination at specified times and places, and, in the case of patients or contacts, require them to submit to such prophylactic, preventive, or curative treatment as he deems advisable in their own interests or for the public welfare;(f) for the public welfare, isolate any part of the State, and require persons, places, buildings, ships, animals, and things to be isolated, quarantined, or disinfected as he thinks fit;(g) restrict or regulate the use of, or close any building or place of public resort, or place to which the public or sections of the public have access, or where people congregate, and make and issue any order necessary for the purpose;(h) forbid persons, ships, animals, or things to come or be brought to any port or place in the district from any port or place that is, or is supposed to be, infected with an infectious disease or a notifiable disease;(i) forbid persons to leave the district or the place in which they are isolated or quarantined until they have been medically examined and found to be free from a specified infectious disease or a specified notifiable disease, and enforce the return of any person who unlawfully leaves that district or place;(j) forbid the removal of ships, animals, or things from the district, or from one port or part thereof to another, or from the place where they are isolated or quarantined, until they have been examined and found to be free from infection;(k) cause vessels and ships to be fumigated, and require or undertake the destruction of rats in vessels and ships;(l) cause places, buildings, animals, and things to be inspected and examined;(m) require animals, or any specified description thereof, to be kept only in specified parts of the district, or not to be kept at all within the district, or within a specified distance outside the boundaries thereof;(n) require owners and occupiers to destroy all rodents on their premises;(o) require the effectual cleansing of streets and public ways and places by persons who are entrusted by law with the care and management thereof;(p) require watercourses and the sources of water-supply to be purified;(q) forbid the discharge of sewage, drainage, or insanitary matter of any description into any watercourse, stream, lake, or source of water-supply, whether situated in the district or outside it;(r) cause to be established such hospitals or places of isolation as may be necessary;(s) use, or authorize a municipality to use, as a temporary site for a special hospital or place of isolation or quarantine ground, any reserve or endowment suitable for the purpose, whether situated in the district or outside it, notwithstanding that that use may conflict with any trusts, enactment, or condition affecting the reserve or endowment; and(t) prohibit, limit, restrict, or regulate traffic within, to, from, or as to any part of the State.(2) The Minister may recover, by action in a court of competent jurisdiction, from the owner of or agent for any vessel or ship all reasonable expenses incurred in the exercise of the powers conferred on the Minister by paragraph (k) of subsection (1) of this section.(3) [Section 17 Subsection (3) amended by No. 35 of 1966, s. 9 ]The Minister may aid and co-operate with the Commonwealth health authorities and other authorities in effectively carrying out any Commonwealth laws or directions, as to the performance of quarantine or generally respecting infectious diseases and notifiable diseases.
18. Assistance and co-operation of certain public officers
In the exercise of his functions and powers under section seventeen , the Minister may employ inspectors and workmen, and is entitled to the co-operation and assistance of all magistrates, police officers, and officers of marine boards and harbour trusts, who shall co-operate and assist accordingly.
19. Power of Minister to delegate special powers to municipalities
A municipality shall, if requested by the Minister, exercise all or any of the functions and powers that the Minister is authorized to exercise under section seventeen .
20. Special infectious diseases hospitals
[Section 20 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ](1) Hospitals for the treatment and isolation of persons suffering from an infectious disease may be established out of moneys to be provided by Parliament for that purpose.(2) [Section 20 Subsection (2) amended by No. 4 of 1991, s. 39 and Sched. 4 ]A Regional Health Board established under the Health (Regional Boards) Act 1991 shall, when required by the Minister so to do, furnish from existing stock all such proper equipment for any hospital established for the treatment of persons suffering from infectious diseases as the Minister may demand, and shall be repaid the cost of replacing it out of funds to be provided by Parliament for the purpose.(3) [Section 20 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ]If the Minister obtains the services of a medical officer, or a nurse of any hospital, the Secretary of the Department shall grant that medical officer or nurse leave of absence from the hospital during such period as the medical officer or nurse is employed for the purposes required by the Minister.
[Section 21 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 21 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 21 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall –(a) obstruct or hinder the Minister, a health officer, or any officer of a municipality, in the execution of his functions and powers under this Part;(b) do anything that the Minister or a municipality, in the exercise of those functions and powers, forbids to be done; or(c) refuse, delay, or neglect promptly and satisfactorily to comply with any direction or requirement of the Minister or a municipality in the exercise of those functions and powers.Penalty: Fine not exceeding 30 penalty units, together with a daily fine not exceeding 5 penalty units in the case of a continuing offence.(2) If the offence consists of not doing any sanitary work, or remedying any sanitary defect, then, irrespective of the penalty to which the offender is liable, the Minister may himself cause the work to be done, or the defect to be remedied, at the expense in all things of the offender.(3) Expenses incurred under this section, until paid, are a charge on the land in respect of which they have been incurred.
22. Power to enter on lands and do works
[Section 22 Amended by No. 100 of 1984, s. 7 ]For the purposes of this Part, the Minister, or any health officer, municipal medical officer of health, or municipal health surveyor, may at any time, with or without assistants –[Section 23 Repealed by No. 46 of 1983, s. 5 ]. . . . . . . .(a) enter on premises, and inspect and examine them and all things thereon or therein;(b) do on or in any premises any sanitary or other work that the Minister or the corporation authorizes or directs; and(c) generally do with respect to persons, places, premises, animals, or things whatever is necessary or expedient in order to carry out the provisions of this Part, or any direction or requirement of the Minister or of the corporation under this Part.
24. Compensation for building, animal, or thing destroyed
Where, under this Part, any building, animal, or thing is destroyed by direction of the Minister, the owner is entitled to compensation to the extent and subject to the conditions following, that is to say:[Section 25 Repealed by No. 35 of 1966, s. 10 ]. . . . . . . .(a) The compensation shall not exceed the actual market value of the building, animal, or thing destroyed;(b) If the destruction has been rendered necessary by reason of any breach or neglect of duty, or of the ordinary rules of sanitary carefulness or cleanliness on the part of the owner or of any person for whose acts or defaults the owner is responsible, no compensation is payable;(c) If, in the case of buildings, the destruction thereof has been rendered necessary by reason of any such breach or neglect on the part of the occupier of the building, or of any person for whose acts or defaults the occupier is responsible, the compensation is payable by the occupier;(d) If the destruction has been rendered necessary by reason of any such breach or neglect on the part of the corporation, the compensation is payable by the corporation;(e) If the destruction has been rendered necessary in the interests of the public health, and without any such breach or neglect, the compensation is payable out of moneys to be provided by Parliament for the purpose; and(f) All questions and disputes relating to claims for compensation shall, in the prescribed manner, be heard and determined by a court of requests, notwithstanding any limit on its jurisdiction.
26. Power of Minister to require cleansing and disinfecting of buildings, &c.
[Section 26 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 26 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) Where the Minister or a municipal medical officer of health, of his own knowledge or on the report of another person, is of opinion that the cleansing or disinfecting of any house or building, or of any articles therein, or of any out-building, yard, drain, sewer, privy, or other appurtenance belonging to or connected therewith, or the abatement of any nuisance, would tend to prevent or check infectious disease, he may, by notice in writing to the occupier of the house or building, require him to do whatever works are necessary in order that the house, building, articles, or appurtenance may be effectually cleansed and disinfected, or that the nuisance be abated, in the manner and within the time specified in the notice.(2) [Section 26 Subsection (2) amended by No. 55 of 1965, s. 5 ]An occupier to whom a notice under subsection (1) of this section is given shall execute and do all such things as may be necessary in order to comply with the requirements of the notice, in default whereof the occupier is guilty of an offence.Penalty: Fine not exceeding 5 penalty units for each day during which the offence continues.(3) If an occupier makes default in carrying out a requirement of a notice under subsection (1) of this section, the Minister shall cause the requisite works to be done at the expense in all things of the occupier.(4) Where a house or building is unoccupied, the owner shall, for the purposes of this section, be deemed to be the occupier thereof.
27. Power of municipality to provide for destroying or disinfecting things and to provide vehicles
[Section 27 Subsection (4) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 27 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 27 Subsection (1) amended by No. 35 of 1966, s. 11 ]A municipality may –(a) cause to be disinfected any premises in which an infectious disease has occurred, and also cause to be disinfected or destroyed any bedding, clothing, or other things that have been exposed to infection from an infectious disease, and pay compensation for the things destroyed, not exceeding their reasonable replacement cost; and(b) provide and maintain –(i) a proper place, with all necessary apparatus and attendance, for the effectual disinfection or destruction of any bedding, clothing, or other things that have been exposed to infection from an infectious disease;(ii) a sufficient number of vehicles suitable for the conveyance of infected things to the place of disinfection or destruction; and(iii) a sufficient number of vehicles suitable for the safe conveyance of persons suffering from an infectious disease to a hospital or other appointed destination;(iv) . . . . . . . .(2) The provision and maintenance of vehicles, and the work of disinfecting and destroying infected things, and of conveying infected persons and things, for the purposes of this section, shall be done by the corporation at its own cost in all things, but where infected things are disinfected the corporation is entitled to recover from the owner thereof the reasonable cost of disinfection.(3) Vehicles for the conveyance of infected things shall not be used for the conveyance of infected persons, and every vehicle shall be effectively disinfected immediately after being used for the conveyance of infected persons or things.(4) [Section 27 Subsection (4) amended by No. 55 of 1965, s. 5 ]No person shall use, or permit to be used, for any other purpose any vehicle that has been used for the conveyance of infected persons or things until the Minister, a health officer, or a municipal medical officer of health has certified in writing that it has been effectively disinfected and can safely be used.Penalty: Fine not exceeding 5 penalty units.(5) If under section eight the Minister recommends to a municipality that it exercise a power conferred by this section, it shall carry out its consequent duty to the satisfaction of the Minister and in conformity with his directions, and if it fails or neglects so to do the Minister shall cause the work to be done at its cost.
27A. Provision of means of immunization by municipal area
[Section 27A Inserted by No. 35 of 1966, s. 12 ](1) [Section 27A Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]It is the duty of the corporation of a municipal area, to the satisfaction of the Minister, to provide such means as may be prescribed for the immunization of persons from disease and make those means available to persons resident in that municipal area.(2) [Section 27A Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where, in respect of any means for immunization, the corporation of a municipal area fails to carry out any duty imposed on it by this section in a manner notified to it by the Minister, the Minister may cause those means to be provided in the municipality and make arrangements for rendering them available to persons resident in that municipal area and informing those persons of their availability.(3) [Section 27A Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where the Minister exercises any of the powers conferred on him by subsection (2) of this section in relation to a municipal area he may recover the expenses incurred in so doing from the corporation of that municipal area.(4) The corporation may charge adult persons availing themselves of any means of immunization provided by it under this section.
28. Removal of persons suffering from infectious disease to hospital
[Section 28 Subsection (4) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 28 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) On the order of the Minister, or of a health officer, or of a municipal medical officer of health, a person who is suffering from an infectious disease may be moved to any hospital that is available for the reception and treatment of persons suffering from that disease.(2) Where the Minister or a municipal medical officer of health is satisfied –he shall order the removal of that person as provided by subsection (1) of this section.(a) that a person who is suffering from an infectious disease is without proper lodging or accommodation, or is living in a house in which he cannot be effectually isolated so as to prevent the risk of the infection spreading to other persons living in the house; and(b) that it is expedient so to do in the interests of public health –(3) An order under this section need not be addressed to a specified person, but shall be obeyed by every health officer, police officer, and municipal medical officer of health upon whom it is served or to whose knowledge it comes.(4) [Section 28 Subsection (4) amended by No. 55 of 1965, s. 5 ]No person shall wilfully disobey an order made under this section or in any way obstruct or delay the prompt execution thereof.Penalty: Fine not exceeding 5 penalty units.
29. Liability of municipalities for cost of treatment, &c., of certain diseases
(1) Where a person suffering from a prescribed disease is, by reason of his so suffering, accommodated or treated in a public hospital, the hospitals board and any ambulance authority may recover the expenses incurred by it in respect of the conveyance of that person to the hospital, and in providing for his accommodation, maintenance, and treatment therein, from –(a) if the Minister makes a direction under subsection (2) of this section in respect of that person, the municipality specified in the direction; or(b) in other cases, the municipality in whose district is situated the place from which he was removed to the hospital.(2) Where the Minister is of opinion that any sum recoverable under subsection (1) of this section in respect of any person should be recovered from some municipality other than that in whose district is situated the place from which he was removed to the hospital he may direct that the sum shall be recoverable from that other municipality.(3) [Section 29 Subsection (3) omitted by No. 68 of 1994, s. 3 and Sched. 1 ]. . . . . . . .(4) This section does not entitle an ambulance authority to recover any sum in respect of the conveyance of a person that, if that person had not been suffering from a prescribed disease, it would not have been entitled to recover from that person.(5) This section does not apply in respect of a person suffering from a disease which the Minister certifies was, in his opinion, contracted by that person outside the State.(6) Subject to subsection (7) of this section, the regulations may prescribe the manner in which, or scales in accordance with which, the cost of conveyance, accommodation, maintenance, or treatment of any person is to be determined for the purposes of this section.(7) [Section 29 Subsection (7) amended by No. 68 of 1994, s. 3 and Sched. 1 ]For the purposes of this section, the expenses incurred by an ambulance authority in respect of the conveyance of a person shall be determined in accordance with the appropriate scale of fees prescribed under the Ambulance Service Act 1982 .(8) [Section 29 Subsection (8) amended by No. 54 of 1973, s. 3 ]Where the expenses incurred by a municipality under this section in any financial year exceed a sum equivalent to one cent in each dollar of the ratable value of the district of that municipality, the Minister shall, out of money appropriated by Parliament for that purpose, pay to that municipality the amount by which those expenses exceed that sum.(9) [Section 29 Subsection (9) substituted by No. 68 of 1994, s. 3 and Sched. 1 ]In this section –ambulance authority means the Tasmanian Ambulance Service established under the Ambulance Service Act 1982 ;hospitals board means a Board within the meaning of the Health (Regional Boards) Act 1991 ;public hospital means a hospital maintained and operated by a Board under the Health (Regional Boards) Act 1991 .(10) [Section 29 Subsection (10) amended by No. 68 of 1994, s. 3 and Sched. 1 ]References in this section to the ratable value of a district shall, with reference to any financial year, be construed as a reference to the aggregate, as determined at the commencement of that financial year, of the assessed annual values (as shown in the valuation roll in force under the Land Valuation Act 1971 ) of the properties in that district upon which a health rate may be levied.
30. Penalty on exposure of infected persons
[Section 30 Subsection (1) amended by No. 35 of 1966, s. 13 ][Section 30 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 30 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 30 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall –(a) whilst to his own knowledge suffering from an infectious disease, wilfully be in any shop, hotel, public-house, public place, or public vehicle, without proper precautions against the spread of the infection;(b) whilst so suffering, enter a public vehicle without previously notifying the person in charge thereof that he is so suffering;(c) whilst in charge of a person who is so suffering, allow him to do anything in contravention of paragraph (a) or paragraph (b) of this subsection;(d) being in charge of the body of a person who has died from an infectious disease, knowingly expose, or permit to be exposed, that body, without taking reasonable precautions against spreading the disease; or(e) being the owner, or person in charge of a public vehicle that, to his knowledge, has been entered by a person who is suffering from an infectious disease, fail or neglect as soon as is possible to disinfect the vehicle effectually and to the satisfaction of a health officer or a medical practitioner.Penalty: Fine not exceeding 10 penalty units.(2) [Section 30 Subsection (2) amended by No. 35 of 1966, s. 13 ]For an offence under this section relating to a public vehicle the convicting court may order the defendant (not being the owner or person in charge of the vehicle) to pay to the owner of the vehicle the expenses incurred in effectually disinfecting the vehicle.(3) The provisions of subsection (1) of this section do not apply in respect of malaria.
31. Precautions when infected person enters public vehicle
[Section 31 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 31 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 31 Subsection (1) amended by No. 35 of 1966, s. 14 ]Before knowingly allowing a person who is suffering from an infectious disease to enter a public vehicle, the owner or person in charge thereof –(a) shall require proper precautions to be taken against spreading the infection; and(b) may require that person to pay or deposit a sum sufficient to defray the expenses of effectually disinfecting the vehicle before allowing him to enter it.(2) [Section 31 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who contravenes paragraph (a) of subsection (1) of this section is liable to a fine not exceeding 10 penalty units.
32. Penalty for selling infected things or letting house where infected person is lodging
[Section 32 Subsection (1) amended by No. 100 of 1984, s. 8 ][Section 32 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 32 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 32 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall –(a) knowingly lend, sell, transmit, or expose any things that have been exposed to infection from an infectious disease, unless they have first been effectively disinfected, or proper precautions have been taken against spreading the infection to the satisfaction, certified in writing, of a health officer or a medical practitioner;(b) knowingly let for hire any house or room, or part of a house or room –unless, before the person to whom the house or room, or part of a house or room is let, goes into occupation, the house, room, or part let, and all things therein that are liable to infection, have been effectually disinfected to the satisfaction, certified in writing, of a health officer, a municipal health officer, or municipal health surveyor;(i) to be shared or occupied in common by or with a person who is suffering from an infectious disease; or(ii) in which there is, or within the previous six weeks has been, a person who is or was suffering from an infectious disease –(c) when letting or negotiating to let to a person for hire any house or room, or part of a house or room, conceal the fact that a person who is or was suffering from an infectious disease is, or within the previous six weeks has been, living in the house or in any part thereof; or(d) knowingly cast or place, or cause or permit to be cast or placed, in any ashpit, ashtub, or other receptacle for the deposit of refuse matter, any matter or thing that has been exposed to the infection of infectious disease, unless the matter or thing has been first effectively disinfected.Penalty: Fine not exceeding 10 penalty units.(2) For the purposes of this section, the keeper of an hotel, public-house, or lodging-house shall be deemed to let for hire part of a house to a person who is admitted as a guest or lodger into the hotel, public-house, or lodging-house.
[Section 33 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 33 Amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 33 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 33 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) If, in the opinion of the Minister, the closing of a school would tend to prevent or check the spread of infectious disease, he may, by order addressed to the head master of that school, order it to be closed forthwith, for such period as he may specify therein.(2) [Section 33 Subsection (2) omitted by No. 35 of 1966, s. 15 ]. . . . . . . .(3) [Section 33 Subsection (3) substituted by No. 35 of 1966, s. 15 ]No head master or teacher in charge of a school shall admit a child to that school in contravention of an order made under subsection (1) of this section.Penalty: Fine not exceeding 10 penalty units.(4) [Section 33 Subsection (4) substituted by No. 35 of 1966, s. 15 ]Where an infectious disease exists or is suspected to exist in a district or locality a medical officer of health may, after giving notice to the occupier of the object of the visit, enter upon any premises in that district or locality and examine any child therein.(5) [Section 33 Subsection (5) added by No. 35 of 1966, s. 15 ]Where a medical officer of health considers that a child is, or is likely to be, suffering from an infectious disease or is a contact with respect to an infectious disease, he may issue a certificate to that effect stating that the child is not to be allowed to attend school until it is certified that he may safely be allowed to return to school.(6) [Section 33 Subsection (6) added by No. 35 of 1966, s. 15 ]A medical officer of health issuing a certificate under subsection (5) of this section in respect of a child shall cause copies thereof to be served on the parent or person appearing to have the custody or care of the child and on the head master or teacher in charge of the school that the child ordinarily attends.(7) [Section 33 Subsection (7) added by No. 35 of 1966, s. 15 ]No person, knowing a certificate has been issued in respect of a child under subsection (5) of this section, shall cause or allow that child to attend school unless there has been issued a certificate by a medical officer of health stating that, in his opinion, the child may safely be allowed to return to school.Penalty: Fine not exceeding 10 penalty units.(8) [Section 33 Subsection (8) added by No. 35 of 1966, s. 15 ]References in this section to a medical officer of health shall be construed as including references to a municipal medical officer of health and any medical practitioner authorized either generally or specially, by the Minister in writing to exercise the functions of a medical officer of health under this section.
PART IV - Venereal diseases and disorders affecting the generative organs
The Governor, by proclamation, may appoint any hospital that is maintained by or is in receipt of aid from the State, or any ward of such a hospital, as a place in which persons may, under this Part, be detained for treatment.
35. Who may attend upon or prescribe for sufferers from venereal disease
[Section 35 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 35 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 35 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person, other than a medical practitioner or a person acting under the direct instructions of a medical practitioner, shall attend upon, or prescribe for, or supply any drug to, a person who is suffering from a venereal disease for the purpose of curing, alleviating, or treating that disease.Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months.(2) This section does not apply to a registered pharmaceutical chemist –(a) who dispenses to the patient of a medical practitioner the prescription of that practitioner if the prescription is dated and bears the address and usual signature (including the surname) of the practitioner; or(b) who sells or supplies a drug or medicine (except such drugs or medicines as are specified by regulations under this Part) in the ordinary course of his business, where that drug or medicine is not prescribed, sold, or supplied by the chemist for or to a person who is suffering from a venereal disease for the purpose of curing, alleviating, or treating the disease.
36. Duty of person suffering from venereal disease to place himself under treatment, &c.
[Section 36 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 36 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) A person who is suffering from a venereal disease, or suspecting that he is so suffering, shall, forthwith on his becoming aware of his condition, consult a medical practitioner thereon, and, for the purpose of examination and treatment that may be necessary, place himself under that medical practitioner, or shall attend at some hospital or other place prescribed for the purpose, and place himself under treatment thereat, as may be deemed necessary, and shall furnish the medical practitioner whom he has so consulted or, as the case may be, the medical superintendent or other person in charge of the hospital or other prescribed place at which he has so attended, with his correct full name, address, and occupation.(2) [Section 36 Subsection (2) amended by No. 55 of 1965, s. 5 ]If a person to whom subsection (1) of this section relates fails to comply with the provisions of that subsection he is guilty of an offence.Penalty: Fine not exceeding 30 penalty units.
36A. Information as to contacts
[Section 36A Inserted by No. 35 of 1966, s. 16 ][Section 36A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) Where a medical practitioner considers that a patient attended by him is suffering from venereal disease it is the duty of the medical practitioner to make such inquiries of the patient as he considers necessary to establish the name and the address of the place of residence of any person from whom the patient may have contracted the disease and to inform the patient that he is obliged by law to answer truthfully and to the best of his ability the inquiries so made.(2) [Section 36A Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ]A person who fails to answer truthfully and to the best of his ability the inquiries made of him by a medical practitioner under subsection (1) of this section is guilty of an offence and liable to a fine not exceeding 30 penalty units.(3) It is the duty of a medical practitioner who is required to make such inquiries of a patient as are referred to in subsection (1) of this section to notify the Director in the prescribed form, and within the prescribed time, of the fact that those inquiries have been made and of the information he obtained from those inquiries with regard to the name and address of the place of residence of any person from whom it appears the patient contracted venereal disease, or, if no such information was so obtained, the reason why it was not obtained.(4) A medical practitioner is not required to make any inquiries of a patient under this section if he knows that the name and the address of the place of residence of the person from whom the patient appears to have contracted the disease has been notified to the Director or that that person is undergoing treatment for venereal disease, nor is he required to notify the Director under subsection (3) of this section in any case where he knows that the person from whom he considers the patient contracted venereal disease is undergoing treatment for venereal disease.(5) [Section 36A Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A medical practitioner who fails to perform a duty imposed on him by this section is guilty of an offence and liable to a fine not exceeding 30 penalty units.(6) No inquiries made under this section, or any information supplied, or notification given, as a result thereof shall be divulged in any legal proceedings, other than in proceedings for an offence under this section, but nothing in this subsection prevents the Director from using any information notified to him under this section for the purpose of section forty-three .(7) No person incurs liability as for defamation under the Defamation Act 1957 , or otherwise, for discharging, without malice and in good faith, his duties under this section.
37. Duty of patient to attend for treatment, &c.
[Section 37 Subsection (3) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 37 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) A person who is suffering from a venereal disease and who has consulted and placed himself under treatment by a medical practitioner or has attended or placed himself under treatment at a hospital or other prescribed place shall, until he has received a certificate of cure or of being free from venereal disease, personally attend or cause himself to be attended by a medical practitioner, or personally attend at a hospital or other prescribed place for the purpose of treatment and advice, as and when directed by the medical practitioner whom he has so consulted or by a medical practitioner at the hospital or other prescribed place, and shall follow, in all respects, all advice and directions given to him in relation to the disease by the medical practitioner.(2) If a person to whom subsection (1) of this section applies, by reason of change of residence or otherwise, desires to change his medical adviser, or if the medical practitioner attending that person dies or for any reason is unable or unwilling to attend him further, that person shall forthwith consult and place himself under the treatment of another medical practitioner, and inform his new adviser of the name and last known address of his last previous adviser, and the medical practitioner so informed shall forthwith send a notice in the prescribed form of the change made by the patient to his previous adviser, if that adviser is living and is in this State.(3) [Section 37 Subsection (3) amended by No. 55 of 1965, s. 5 ]A person who makes default in complying with the requirements of this section is guilty of an offence.Penalty: Fine not exceeding 30 penalty units.
38. Duty of medical practitioner to notify disease
[Section 38 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 38 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 38 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ](1) [Section 38 Subsection (1) amended by No. 55 of 1965, s. 5 ]If a medical practitioner becomes aware that a person consulting, or attended or treated by, him is suffering from a venereal disease, the medical practitioner shall, in the prescribed form and within the prescribed time, give notice thereof to the Director, in default whereof the medical practitioner is guilty of an offence.Penalty: For a first offence, fine not exceeding 30 penalty units; for a subsequent offence, fine not exceeding 50 penalty units.(2) A notice under this section shall not disclose the name and address of the patient.
39. Where patient fails to attend, medical adviser to notify Director
[Section 39 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 39 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) If a patient who has been attended or treated by a medical practitioner for a venereal disease fails to consult or attend that medical practitioner for a period of seven days, and the medical practitioner has not, within that period, received from another medical practitioner a notice that the patient has changed his medical adviser, the first-mentioned medical practitioner shall send to the Director in the prescribed form a notice of the facts, including the name and address of the patient.(2) [Section 39 Subsection (2) amended by No. 55 of 1965, s. 5 ]A medical practitioner whose duty it is to do so who does not send a notice under this section to the Director is guilty of an offence and is liable for a first offence to a fine not exceeding 10 penalty units, and for a subsequent offence to a penalty of not less than 10 penalty units or more than 50 penalty units.
40. Warning, &c., by medical practitioner to patient
[Section 40 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 40 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) A medical practitioner who attends or advises a patient for or in respect of a venereal disease from which the patient is suffering shall –(a) by written notice in the prescribed form delivered to the patient –(i) direct the patient's attention to the infectious character of the disease and to the legal consequences of infecting others; and(ii) warn the patient against contracting a marriage until certified as cured; and(b) give the patient such printed information relating to the disease and the duties of patients as is prescribed.(2) [Section 40 Subsection (2) amended by No. 55 of 1965, s. 5 ]If a medical practitioner to whom subsection (1) of this section relates fails to comply with the provisions of that subsection he is guilty of an offence.Penalty: Fine not exceeding 5 penalty units.(3) If a medical practitioner has reason to believe that a patient who is suffering from venereal disease intends, notwithstanding his warning, to contract marriage, he shall forthwith notify his belief to the Director, who –(a) shall thereupon inform the person whom he believes to be the other party to the proposed marriage that the patient is suffering from venereal disease, or shall give the information to that person's parent or guardian; and(b) may also take such further action as he deems necessary in accordance with the provisions of this Act.(4) No medical practitioner incurs liability as for defamation under the Defamation Act 1957 , or otherwise, for notifying the Director in good faith and without malice as provided in this section.
Subject to this Part, when a patient suffering from venereal disease becomes cured of or free from venereal disease, or has ceased to be liable to convey infection, a medical practitioner shall, on being satisfied of the fact, give the patient a certificate in the prescribed form that he is cured or is free from venereal disease, or is no longer liable to convey infection, as the case may be.
42. Duty of parent or guardian of child
[Section 42 Subsection (4) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 42 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) A parent, guardian, or other person in charge of a child who is suffering from a venereal disease shall cause that child to be treated by a medical practitioner.(2) When a child is or becomes liable under this Part to do or submit to any act, matter, or thing, a parent, guardian, or other person in charge of the child who knows that the child is so liable, shall exercise his authority to compel or induce the child to do or submit to that act, matter, or thing.(3) A parent, guardian, or other person in charge of a child who knows that the child has failed to comply with any provisions of this Part that are applicable to the child, shall report the fact, together with such particulars as are prescribed, to the Director.(4) [Section 42 Subsection (4) amended by No. 55 of 1965, s. 5 ]A parent, guardian, or other person in charge of a child who makes default in complying with any of the provisions of this section is guilty of an offence.Penalty: Fine not exceeding 10 penalty units.
43. Compulsory examination and detention of persons suspected of suffering from venereal disease
(1) The Director may, if he is satisfied that there are reasonable grounds for suspecting that a person is suffering from venereal disease, by order under his seal, require the person so suspected (in this section referred to as a "suspected person") to present himself for examination at such time and place as may be specified in the order, and the suspected person shall present himself for examination accordingly.(2) If a suspected person to whom an order has been directed under subsection (1) of this section fails to present himself for examination at the time and place specified in the order, a justice may, on the complaint of the Director or of a person authorized for the purpose either generally or in a particular case by the Director, by warrant under his hand in the prescribed form, authorize any police officer specified in the warrant, with such assistants as the police officer thinks necessary, to arrest the suspected person.(3) A police officer by whom a suspected person is arrested in pursuance of this section shall, forthwith after arresting that person, notify the Director of the arrest, and the Director shall thereupon fix a time and place for the examination of the suspected person by a medical practitioner and shall advise the police officer of the time and place so fixed.(4) A suspected person who is arrested in pursuance of this section may be detained at any place that is appointed for the detention of persons under this Part until the time fixed by the Director for his examination.(5) A police officer may bring a person detained under subsection (4) of this section from the place of detention for examination at the time and place fixed therefor, and, if the person so detained refuses to submit himself for examination by a medical practitioner as and when required, the medical practitioner may, with such assistance as he thinks necessary, forcibly examine that person.(6) Subject to section forty-four , if, on examination in pursuance of this section, a suspected person is found to be suffering from venereal disease, the Director may, by warrant under his hand, order him to be detained for treatment at any place that is prescribed for the detention of persons under this Part for such period as the Director may determine, and the suspected person shall remain at that place until released therefrom as provided in section forty-four .(7) A warrant under this section has effect according to its tenor, and all police officers and governing authorities or officers of a place in which a suspected person is detained in pursuance thereof shall do all things necessary to carry into effect the provisions of this section.(8) A warrant under this section for the arrest of a suspected person who is a woman shall, if practicable, be directed to a police officer who is a woman.(9) Subject to this Part, a warrant under this section is sufficient authority to all persons for the arrest, and the removal and detention, of the suspected person to whom it relates, in pursuance of the warrant, until his release under the provisions of this section or of section forty-four .
44. Power of justice to release person on cure, &c.
[Section 44 Subsection (10) amended by No. 54 of 1973, s. 14 and Sched. ` ][Section 44 Subsection (10) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) A person who is undergoing detention under section forty-three may apply in writing in the prescribed form to a justice to be examined by two medical practitioners, and thereupon the justice shall, by order, direct any two or more medical practitioners named in the order (one of whom shall be nominated by the patient or some person on his behalf) to examine that person accordingly, and report the result of the examination to the justice, and every officer or person in whose custody that person is shall permit the examination.(2) If it appears from the report of the medical practitioners that they are all of opinion that the person is cured or is free from venereal disease, or has ceased to be liable to convey infection, the justice shall order the release of that person from detention, and he shall be released accordingly.(3) An application shall not be made under this section within three months after a like prior application has been made by the same person.(4) A person who is undergoing detention under section forty-three who proves to the satisfaction of the Director that he can obtain, and is prepared to undergo, suitable private treatment, may be released on the order of the Director under his seal, subject to such conditions as the Director imposes.(5) A person who is undergoing detention under section forty-three shall, once at least in every period of three months, beginning with the date of his arrest, be examined by two medical practitioners appointed by the Director, either generally or in a particular case for the purpose, in order to ascertain whether he is cured or is free from venereal disease, or has ceased to be liable to convey infection, and those medical practitioners shall report to the Director accordingly.(6) If the Director is satisfied that the person is cured or is free from venereal disease, or has ceased to be liable to convey infection, the Director shall, by order under his seal, direct his release from detention, and he shall be released accordingly.(7) Where a person who is undergoing detention under section forty-three has been examined by order of a justice under this section, an examination under subsection (6) of this section is not necessary until a period of three months has elapsed after the first-mentioned examination.(8) No person shall be detained under section forty-three after he is cured or is free from venereal disease or has ceased to be liable to convey infection.(9) No certificate of a medical practitioner given for the purposes of this section or section forty-five , in good faith and without negligence, that a person (including a child or prisoner) is suffering from venereal disease is admissible in evidence in any proceedings, civil or criminal, against the medical practitioner, or may be made the ground of any prosecution or action against him.(10) [Section 44 Subsection (10) amended by No. 55 of 1965, s. 5 ]No person shall –(a) detain a person who is undergoing detention under this Part, except as provided under this Part;(b) obstruct the carrying into effect of any warrant or order under this Part;(c) refuse to do or submit to anything that he is by this Part, or by any such warrant or order, required to do or submit to; or(d) while undergoing detention under this Part leave, except as prescribed, any prescribed or proclaimed place before being lawfully discharged therefrom.Penalty: Fine not exceeding 10 penalty units.
45. Special provisions in case of prisoners, &c.
(1) [Section 45 Subsection (1) amended by No. 72 of 1974, s. 5 and Sched. 1 ]Where a medical practitioner who is appointed by the Minister, either generally or in a particular case for the purpose, certifies in writing to the Minister that a prisoner in a gaol is suffering from a venereal disease, that prisoner may be brought before a magistrate in the gaol, and on proof that the prisoner is so suffering the magistrate may order that the prisoner be detained under such conditions and in a prescribed or proclaimed place, and for such time, and be subject to such examination and treatment, as are necessary to ensure that he is cured or is free from venereal disease or is no longer liable to convey infection.(2) An order under subsection (1) of this section is sufficient authority to the Controller of Prisons to remove the prisoner to the prescribed or proclaimed place named in the order, and for his detention therein in pursuance of the order and subject to the provisions of this section.(3) During a period of detention under this section the prisoner shall be deemed to be in legal custody, and the period of detention shall run concurrently with, but may exceed, the term of imprisonment to which the prisoner has been sentenced; but when the prisoner may no longer be detained otherwise than under the order under subsection (1) of this section, the Director shall issue a warrant under section forty-three in substitution for the order, and the prisoner's further detention shall be under that warrant.(4) The provisions of subsections (1) , (2) , and (3) of section forty-four extend and apply to prisoners undergoing detention under this section.(5) If the Director is satisfied that a prisoner who is undergoing detention under this section is cured or is free from venereal disease, or is no longer liable to convey infection, he shall so report to the Minister, and thereupon the Minister shall, by order or warrant, order the prisoner be discharged from that detention, and the prisoner, unless his sentence has expired, shall be remitted to his former custody to serve the remainder of his sentence.(6) A medical practitioner who is appointed by the Minister, either generally or in a particular case for the purpose, may examine a prisoner in gaol for the purpose of ascertaining whether that prisoner is suffering from venereal disease, and may make such clinical, chemical, bacteriological, and other examinations and investigations as are necessary or expedient for the purpose.(7) The provisions of this section with respect to prisoners extend and apply to persons who are committed to and detained in institutions as defined by the Child Welfare Act 1960 , and shall, with such alterations, modifications, and substitutions as are necessary, be read and construed accordingly, and for the purposes of this subsection –(a) upon the discharge of any such person from detention under this section he shall be returned to the institution from which he was removed; and(b) a reference in this section to the Controller of Prisons shall be read and construed as a reference to the manager or person in charge of the institution.
46. Hearing by justice to be in private
A matter that is required to be heard by a justice under this Part shall be heard and decided privately, and no person other than the justice, the party concerned, the Director, and such officers, witnesses, or persons as the justice may require or may, at the request of the party concerned, permit to be present, shall have access to, or be permitted to be present in, the justice's room while the matter is being heard.
[Section 47 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 47 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) A person who acts or assists in the administration of this Part, and a person who is present in a room where any matter under this Part is being heard, shall preserve and aid in preserving secrecy with regard to all matters and things that come to his knowledge while so acting or assisting or present, and shall not communicate any such matter or thing to any other person, except in the performance of his duties under this Part or in answer to some question that he is legally bound to answer.(2) [Section 47 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who contravenes any of the provisions of this section is guilty of an offence.Penalty: Fine not exceeding 20 penalty units.
48. Person though ceasing to be infective to continue treatment until cured
The fact that a person who has been suffering from a venereal disease has ceased to be liable to convey infection but has not been cured, does not exonerate that person from complying with the provisions of this Part with respect to treatment or exonerate any medical practitioner from complying with the requirements of this Part with respect to notices.
49. Infecting any person an offence
No person shall knowingly infect another person with a venereal disease, or knowingly do, permit, or suffer any act that is likely to lead to the infection of another person with that disease.Penalty: Imprisonment for twelve months.
50. Duty of public hospital to treat persons free of charge
(1) The managers or other controlling authority of a hospital in respect of which a proclamation has been made under section thirty-four shall make such provision for the reception, accommodation, examination, and treatment, free of charge, of persons suffering from venereal disease as the Director may direct.(2) In case of default the Treasurer may withhold the whole or any portion of any subsidy that would be payable from the Consolidated Fund in respect of the hospital during the then current financial year or the next ensuing financial year.
The Minister may –(a) establish hospitals, dispensaries, or places for the reception and treatment of persons who are suffering from venereal disease;(b) arrange for the treatment by medical practitioners, or at hospitals that are not receiving aid from the State, of persons suffering from venereal disease;(c) arrange for clinical, chemical, bacteriological, and other examinations and investigations, free of charge, for the purpose of ascertaining whether a person is suffering from or is cured of a venereal disease, or whether he has ceased to be liable to convey infection; and(d) provide for the preparation and distribution of information relating to venereal diseases.
52. Indemnity in respect of action taken under this Part
(1) [Section 52 Subsection (1) amended by No. 46 of 1983, s. 6 ]Except as provided in subsection (2) of this section, no action, claim, or demand lies or shall be allowed by or on behalf of a person against the Crown, the Minister, or any officer, medical practitioner, or other person acting in good faith in the exercise of any power or authority conferred, or the performance of any duty imposed, on him under this Part in respect of the arrest, examination, or detention of a person in pursuance of the provisions of this Part.(2) A person who has been arrested, examined, or detained under this Part without reasonable cause is not prevented by this section from bringing an action therefor, but shall receive by way of damages only such compensation in respect thereof as is just and reasonable in the circumstances.
53. Advertising certain medicines, &c., prohibited
[Section 53 Subsection (4) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 53 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) No person shall publish a statement, whether by way of advertisement or otherwise, to promote the sale of an article as a medicine, instrument, or appliance for the alleviation or cure of a venereal disease, or disease affecting the generative organs or functions, or of sexual impotence, or of a complaint or an infirmity arising from, or in relation to, sexual intercourse, or female or menstrual irregularities.(2) A person who –shall, for the purposes of this section, be deemed to have published that statement.(a) affixes or inscribes a statement on any thing so as to be visible to persons being in, or passing along, a public vehicle or public place;(b) delivers, offers, or exhibits a statement to a person being in, or passing along, a public vehicle or public place;(c) throws a statement into or upon a public place or public vehicle or into the area, yard, garden, or enclosure of a house or building;(d) exhibits a statement to public view in a house, shop, or place;(e) prints or publishes a statement in a newspaper; or(f) sells, offers for sale, shows, or sends by post a statement to a person –(3) Nothing in this section applies to books, documents, or papers published in good faith for the advancement of medical or surgical science, or to any advertisement, notice, statement, or recommendation published by the authority of the Minister, or to a publication that is sent only to registered medical practitioners or registered pharmaceutical chemists for the purposes of their business.(4) [Section 53 Subsection (4) amended by No. 55 of 1965, s. 5 ]A person who contravenes any of the provisions of this section is guilty of an offence.Penalty: Fine not exceeding 20 penalty units.(5) In this section, statement includes a book, document, or paper containing a statement.
PART IVA - Cervical cytology[Part IVA Inserted by No. 19 of 1993, s. 5 ]
53A. Cervical Cytology Register
[Section 53A Inserted by No. 19 of 1993, s. 5 ](1) The Secretary of the Department must compile and maintain the Cervical Cytology Register.(2) The Cervical Cytology Register is to consist of –(a) a compilation of the results, or copies of the results, of cervical cancer tests provided under section 53E ; and(b) such details relating to each woman on the Register as the Secretary of the Department considers appropriate.
53B. Use of information on Cervical Cytology Register
[Section 53B Inserted by No. 19 of 1993, s. 5 ](1) The Secretary of the Department must use the information contained in the Cervical Cytology Register as follows:(a) where possible, to provide for notification to women whose cervical cancer test results are normal of the appropriate time for their next cervical cancer test;(b) where possible, to ensure that appropriate follow-up procedures are put in place for women whose cervical cancer test results are abnormal;(c) where possible, to provide a linked record of cervical cancer test results for every woman on the Register which is available, subject to section 53C , to the woman, her medical practitioner and a laboratory engaged by, or on behalf of, the woman;(d) to provide comparative data from laboratories to encourage consistency of performance;(e) to provide epidemiological data in order to –(i) monitor participation rates and patterns; and(ii) assist programme planning; and(iii) provide a data base for use in research into cancer, its alleviation and its prevention; and(iv) increase public awareness by the publication of statistical profiles; and(v) assist the compilation of comparative data by any national organization approved by the Secretary.(2) Data provided under subsection (1) (e) (iv) or (v) must not contain any information which enables the identification of any woman in respect of whom information is kept in the Cervical Cytology Register.
53C. Prohibition on disclosing information in Cervical Cytology Register
[Section 53C Inserted by No. 19 of 1993, s. 5 ]A person must not disclose information contained in the Cervical Cytology Register which relates to a woman on that Register except where –(a) the woman has consented, in writing, to the disclosure; or(b) the information is provided to the woman's medical practitioner or to the person-in-charge of a laboratory engaged by, or on behalf of, the woman for the purpose of assisting that medical practitioner or person in one or more of the following matters:(i) the making of a diagnosis;(ii) the treatment of the woman;(iii) the determination of the time when the woman should have her next cervical cancer test; or(c) the information is provided for a purpose specified in section 53B (1) , other than section 53B (1) (e) (iv) or (v) .Penalty: Fine not exceeding 10 penalty units.
53D. Woman may object to inclusion on Cervical Cytology Register
[Section 53D Inserted by No. 19 of 1993, s. 5 ]If a woman informs a person she has engaged to carry out a cervical cancer test that she objects to the results, or copies of the results, of the test being provided to the Secretary of the Department and held in the Register, that person must notify, in writing, the person-in-charge of any laboratory to which a specimen from the woman is sent for pathological examination for the test that the results, or a copy of the results, of the test are not to be provided to the Secretary.Penalty: Fine not exceeding 10 penalty units.
53E. Cervical cancer test results provided to Secretary
[Section 53E Inserted by No. 19 of 1993, s. 5 ](1) Within 60 days after the completion of a cervical cancer test, the person-in-charge of the laboratory that completed the test must provide to the Secretary of the Department, in a form approved by the Secretary, the results, or a copy of the results, of the test.Penalty: Fine not exceeding 10 penalty units.(2) Subsection (1) does not apply in relation to a cervical cancer test if the person-in-charge of the laboratory that completed the test has received a notice provided under section 53D in respect of that test.
53F. Removal of identifying data from Cervical Cytology Register
[Section 53F Inserted by No. 19 of 1993, s. 5 ](1) A woman may at any time, in writing, request the Secretary of the Department to ensure the removal from the Cervical Cytology Register of any data that identifies her.(2) The Secretary of the Department must comply with a request made under subsection (1) without any undue delay.(3) Data which relates to, but does not identify, a woman who has made a request under subsection (1) may be retained in the Cervical Cytology Register.
PART V - Places of assembly
[Section 54 Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 54 Subsection (4) amended by No. 14 of 1995, s. 3 and Sched. 1 ](1) In this Part, unless the contrary intention appears –assembly ground means any place, open or enclosed, used for the assembly of persons for social or recreational purposes, other than a church, temple, school, gymnasium, theatre, open-air theatre, assembly room, or part thereof;assembly room means any chamber or room used for the assembly of persons for social or recreational purposes, other than a church, school, theatre, or part thereof;church includes –(a) a chapel, meeting-house, synagogue, mosque, or other building used for public worship; and(b) a school, conventual, or other private chapel accommodating more than fifty persons, including the ministers –but does not include a building –(c) altered from a place of public worship to common uses, or altered from common uses to a place of public worship, by closing off or opening up a sanctuary; or(d) used, either commonly or occasionally, for non-religious purposes except polls of electors pursuant to any statute or in time of flood, fire, or other disaster;gymnasium means any place, open or enclosed that –(a) is prepared, arranged, or laid out for educational or cultural purposes and so used; and(b) is not a school or part thereof;pavilion means any building of which the roof is made of woven material or other material that can be rolled or folded up and that is made to be put up and struck many times, and includes any building made to be moved about, whether in pieces or as a whole, including one on wheels;place of assembly means a church, school, theatre, open-air theatre, assembly room, temple, gymnasium, or assembly ground;school includes –but does not include a building, chamber, or room that is a church;(a) any building or group of buildings used for educational or cultural purposes, and the lands occupied therewith; and(b) any chamber or room so used in a building that is not a school –temple means a place, open or enclosed, that –(a) is prepared, arranged, or laid out for public worship and so used; and(b) is not a church or the grounds thereof;theatre –and includes any box-office, cloak-room, bio-box, wardrobe, property room, dressing-room, or other place used in connection therewith.(a) when not preceded by the word "open-air", means a chamber or room (not being a church) used for the assembly of persons –(i) to witness a play, moving picture, display of juggling or acrobatics, or other spectacle; or(ii) to listen to an opera, concert, debate, speech, or other audible entertainment; or(b) when preceded by the word "open-air", means a place, open or enclosed, not being a chamber or room, so used –(2) Where in this Part any reference is made to a place of assembly accommodating a specified number of persons, that reference shall be construed as a reference to a place of assembly that –whichever imports the greater number of persons.(a) has space and fittings, if any, appropriate for that number of persons in respect of the normal uses of that place as a place of assembly; or(b) is actually used for the accommodation of that number of persons –(3) [Section 54 Subsection (3) amended by No. 63 of 1978, s. 2 ]For the purposes of this Part –(a) . . . . . . . .(b) a chamber or room used for teaching only dancing shall be deemed to be an assembly room and not a school;(c) where any doubt exists as to which of two or more definitions in this section apply to a place of assembly, the corporation or any officer or other person concerned may apply to any justices in petty sessions holden within the district in which that place lies to resolve the doubt and the justices, or other justices in petty sessions holden in the same place, may, upon notice to the Minister, corporation, owner and occupier, or such of them as have no control over the conduct of the application, make an order declaring the character of the place for the purposes of this Part, and an order so made is conclusive for those purposes until superseded by a new order made on a change of circumstances; and(d) no occasional use of a place for any purpose shall be regarded if the Minister gives a certificate (which may be given after the event) that that use does not affect the previous character of the place.(3A) [Section 54 Subsection (3A) inserted by No. 63 of 1978, s. 2 ]Where the Minister gives a certificate under paragraph (d) of subsection (3) he may endorse on that certificate such conditions in respect of the use of a place of assembly as he considers necessary in the circumstances.(4) [Section 54 Subsection (4) amended by No. 4 of 1991, s. 39 and Sched. 4 ]Except as provided in subsection (5) of this section, this Part does not apply to any –(a) dwelling-house or the curtilage thereof;(b) hospital, encampment, or bivouac of any part of Her Majesty's armed forces;(c) hospital maintained and operated by a board under the Health (Regional Boards) Act 1991 ;(d) gaol within the meaning of the Prison Act 1868 ; or(e) factory within the meaning of regulations made under the Workplace Health and Safety Act 1995 .(5) Subsection (4) of this section does not except –(a) a dwelling-house and the curtilage of a dwelling-house used for a purpose for attendance at which money or money's worth is demanded, except where the money or money's worth is received subject to a public charitable trust; and(b) barracks or cantonments of any part of Her Majesty's armed forces.(6) The Governor may, by proclamation, exempt any place or class of place from the provisions of this Part.
55. All places of assembly to comply with the regulations
[Section 55 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 55 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 55 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 55 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 55 Subsection (1) amended by No. 55 of 1965, s. 5 ]The occupier of any land –is guilty of an offence.(a) who causes or permits that land or any part thereof to be used as a place of assembly while it does not comply with the regulations made for the purposes of this Part for a place of assembly of the relevant kind; or(b) who fails to observe, or to cause to be observed, the regulations made for the purposes of this Part for the conduct of a place of assembly of the relevant kind while it is being so used –Penalty: Fine not exceeding 20 penalty units.(2) [Section 55 Subsection (2) added by No. 35 of 1966, s. 17 ]Where the regulations referred to in subsection (1) of this section prescribe conditions with respect to the provision of means of ventilation at a place of assembly or the sanitation of a place of assembly the Minister may issue a certificate in respect of any land or part thereof granting the exemption of that land or that part thereof from compliance with such of those conditions as may be specified in the certificate, either for a specified period or without limitation as to time, and such a certificate may specify the conditions on which the exemption is granted.(3) [Section 55 Subsection (3) added by No. 35 of 1966, s. 17 ]Where under subsection (2) of this section exemption is granted, in respect of any premises or part of any premises, from compliance with any conditions, no person is guilty of an offence under subsection (1) of this section in relation to the use of those premises or that part as a place of assembly by reason only of a failure to comply with those conditions.(4) [Section 55 Subsection (4) added by No. 35 of 1966, s. 17 ]Where a certificate granting an exemption under this section in respect of any land or part thereof specifies the conditions on which that exemption is granted an occupier of that land or that part thereof who causes or permits it to be used as a place of assembly otherwise than in compliance with those conditions is guilty of an offence.Penalty: Fine not exceeding 20 penalty units.
56. Material compliance with regulations
[Section 57 Subsection (3A) omitted by No. 96 of 1993, s. 252 and Sched. 1 ](1) If the Minister is of the opinion that any place of assembly or proposed place of assembly has such characteristics other than those required by the regulations made for the purposes of this Part that the objects of those regulations will be attained as fully as if it complied with those regulations, he may issue in respect thereof a certificate (to be called a "certificate of material compliance") as provided in subsection (2) of this section.(2) A certificate of material compliance shall specify both the characteristics required in the regulations and those that the Minister accepts instead of them, and while the place in respect of which the certificate is issued has the specified characteristics so accepted it shall be deemed to have the specified characteristics so required.
57. Certain places of assembly to be approved by the Minister
[Section 57 Subsection (2) amended by No. 54 of 1973, s. 4 ][Section 57 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 57 Subsection (4) amended by No. 54 of 1973, s. 4 ][Section 57 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 57 Subsection (7) amended by No. 54 of 1973, s. 4 ][Section 57 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 57 Subsection (1) amended by No. 63 of 1978, s. 3 ]This section applies to the following places:(a) Churches accommodating more than one hundred and fifty persons;(b) Schools accommodating more than fifty persons;(c) Assembly rooms accommodating more than fifty persons;(d) Theatres;(e) . . . . . . . .(f) Temples accommodating more than one hundred and fifty persons;(g) Gymnasia accommodating more than one hundred and fifty persons;(h) Assembly grounds accommodating more than one hundred and fifty persons;(j) Open-air theatres; and(k) . . . . . . . .(2) [Section 57 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who opens a place to which this section applies for the first time after –without the Minister's approval as provided in this section is guilty of an offence.(a) the commencement of this section; or(b) the place has undergone material alteration as mentioned in subsection (8) of this section –Penalty: Fine not exceeding 10 penalty units.(3) [Section 57 Subsection (3) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]A person may apply for the Minister's approval by submitting the prescribed information.(4) [Section 57 Subsection (4) amended by No. 55 of 1965, s. 5 ]Where a place to which this section applies has been opened in contravention of subsection (2) of this section, the Minister may, by order served on the occupier, forbid the opening of the place without his approval, and any person who after service of the order wilfully opens the place in contravention thereof is guilty of an offence.Penalty: Fine not exceeding 5 penalty units for each day during which the offence continues.(5) [Section 57 Subsection (5) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]The Minister, in the prescribed manner, may withdraw an approval if a place to which this section applies has undergone material alteration as mentioned in subsection (8) that affects any matter referred to in section 142 (8) (a) .(6) Where a place to which this section applies –the commencement of this Act, and fails to comply with the regulations made for the purposes of this Part to what in the opinion of the Minister is a dangerous degree, he may, as prescribed, disapprove of the place, and his disapproval has the same effect as a withdrawal of his approval.(a) has been opened before; and(b) has not undergone material alteration as mentioned in subsection (8) of this section since –(7) [Section 57 Subsection (7) amended by No. 55 of 1965, s. 5 ]A person who knowingly causes a place to which this section applies to be used after the Minister's approval thereof has been withdrawn is guilty of an offence.Penalty: Fine not exceeding 3 penalty units for each day during which the offence continues.(8) [Section 57 Subsection (8) amended by No. 96 of 1993, s. 252 and Sched. 1 ]A place shall be deemed to undergo material alteration for the purposes of this section if the alteration –(a) is subject to the Building Regulations ; or(b) not being so subject, affects the compliance of the place with the regulations made for the purposes of this Part.
[Section 58 Amended by No. 35 of 1966, s. 18 ][Section 58 Amended by No. 100 of 1984, s. 9 ]In respect of the application to pavilions of this Part and the regulations thereunder, the following provisions apply:. . . . . . . .(a) A pavilion put up or placed in a temple, gymnasium, open-air theatre, or assembly ground shall be deemed to a part thereof, and any other pavilion shall be deemed to be a building; and(b) A pavilion may be approved under section fifty-seven for putting up or standing anywhere upon conditions as to –(i) lay-out;(ii) association with other facilities;(iii) approval of each site by the local authority; and(iv) approval before use by a health officer, municipal medical officer of health, or municipal health surveyor.
PART VI - Public vehicles[Section 59 Repealed by No. 35 of 1966, s. 19 ]
60. Public vehicles dangerous to health to be rectified
[Section 60 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 60 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 60 Subsection (1) amended by No. 55 of 1965, s. 5 ]Where it appears to the Minister that a public vehicle or a compartment thereof is not provided with adequate means of permanent ventilation or admits dust or exhaust fumes and is by reason thereof injurious or dangerous to health, he may order the owner thereof to make specified alterations within a specified time, and if those alterations are not made within that time the owner is guilty of an offence and is liable to a daily penalty of 4 dollars if he continues to use the vehicle or compartment for carrying passengers.(1A) [Section 60 Subsection (1A) inserted by No. 35 of 1966, s. 20 ]The owner of a public vehicle shall ensure that the interior of that vehicle, while it is being used for the carriage of passengers for hire or reward, is kept free of rubbish, filth, and other matter likely to be a nuisance to, or injurious to the health of, passengers travelling in the vehicle.Penalty: Fine not exceeding 10 penalty units.(1B) [Section 60 Subsection (1B) inserted by No. 35 of 1966, s. 20 ]It is a defence in any proceedings for an offence under subsection (1A) of this section to show that, within the period of twenty-four hours immediately preceding the time at which the rubbish, filth, or other matter to which the proceedings relate was found in the vehicle, the interior of the vehicle was inspected by the owner thereof, or a person acting under his direction, and all rubbish, filth, and other matter referred to in subsection (1A) of this section then found therein was removed from the interior of the vehicle before it was put in use or further used for the carriage of passengers for hire or reward.(2) The Transport Commission and the Metropolitan Transport Trust are subject to this section.
PART VII - Public water supplies[Part VII Inserted by No. 17 of 1989, s. 8 ]
[Section 61 Inserted by No. 17 of 1989, s. 8 ]Expressions used in this Part have the same meaning as in the Waterworks Clauses Act 1952 .
61A. Duty of undertakers to provide samples of water to Director in case of public recreational use
[Section 61A Inserted by No. 17 of 1989, s. 8 ]Where, pursuant to Part IIIA of the Waterworks Clauses Act 1952 , a water storage area situated on land owned by the undertakers or any land appurtenant to any such area is used for public recreational purposes, the undertakers shall in accordance with the regulations provide the Director with samples of any water that is, or may be, affected by that use.
61B. Duty of Director to test all samples of water
[Section 61B Inserted by No. 17 of 1989, s. 8 ]The Director shall make, or cause to be made, such analyses and tests of all samples of water provided to him under section 61A as he considers necessary or desirable for the purpose of ensuring that the quality of water supplied to the public has not been affected by recreational use of a water storage area.
PART VIII - Food and drugs
Division I - Preliminary
[Section 62 Amended by No. 54 of 1973, s. 5 ][Section 62 Amended by No. 100 of 1984, s. 10 ](1) In this Part, unless the contrary intention appears –advertisement means –used, or apparently used, to promote directly or indirectly the sale or disposal of any food; and to advertise has a corresponding meaning;(a) any words, whether written or spoken;(b) a pictorial representation or design; or(c) any other representation by any means whatever –analyst means an analyst appointed under this Part;animal includes any bird, fish, crustacean, mollusc, and reptile;appliance means the whole or any part of any utensil, machinery, instrument, apparatus, or other thing used, or capable of being used, in or for the preparing, packing, storing, handling, conveying, serving, selling, or supplying of any food, and includes any utensil, machinery, instrument, apparatus, and other thing used, or capable of being used, in the cleaning of any other appliance;article means –(a) food;(b) an appliance;(c) a package;(d) material used in packing food;(e) the whole or any part of anything used for or in connection with the sale or conveying for sale of any food; or(f) any labelling or advertising material used or capable of being used in connection with the sale of any food;authorized means authorized either generally or specially in writing by the Minister;drug means any substance or mixture or composition of substances used as a medicine by man, whether internally or externally, and includes soaps, dusting powders, dentifrices, essences, unguents, vaccines, serums, antitoxins, narcotics, and anaesthetics used by man; and also disinfectants, deodorants, cosmetics, hair dyes, germicides, antiseptics, and preservatives used for any purpose;food or article of food means a substance or matter ordinarily consumed or intended to be consumed by man and includes –but does not include a therapeutic substance within the meaning of the Therapeutic Goods and Cosmetics Act 1976 ;(a) any drink;(b) chewing gum;(c) any ingredient, food additive, or other substance that enters into, or is capable of entering into, or is used in, the composition or preparation of food; and(d) any other substance for the time being declared by order under subsection (2) to be food –inspector means an inspector appointed under this Part;package means anything in or by which any food for sale is wholly or partly cased, covered, enclosed, contained, or packed; and to pack has a corresponding meaning;prohibited article means an article the manufacture, sale, or use of, or other dealing with, which in its then state or condition is prohibited by this Part or the regulations, either absolutely or conditionally;publish means –(a) to insert in a newspaper or other publication;(b) to send to a person by post or otherwise;(c) to deliver to a person or leave on premises in the occupation of any person;(d) to disseminate by broadcast, telecast, or a projected image, whether moving or still; or(e) to bring to the notice of the public in any other manner;sell means –whether by wholesale or retail, for consumption or use by man or for analysis and sale has a corresponding meaning;(a) sell;(b) agree to sell;(c) offer, or expose, for sale;(d) keep, or have in possession, for sale;(e) send, forward, deliver, or receive for or on sale;(f) barter or exchange; and(g) authorize, direct, cause, suffer, or permit any of those acts –this Part includes the regulations made under this Part and under subsections (1) , (9) , (9A) , (9B) , (9BA) , (9BB) , and (11) of section one hundred and forty-two.(2) [Section 62 Subsection (2) added by No. 100 of 1984, s. 10 ]The Governor may, by order, declare to be food a substance consumed by man or represented as being for consumption by man.(3) [Section 62 Subsection (3) added by No. 100 of 1984, s. 10 ]This Part applies –(a) in relation to any food offered as a prize or reward, whether in connection with an entertainment or for the purpose of advertisement or in furtherance of a trade or business or otherwise, as if the food were, or had been, exposed for sale by each person offering the prize or reward;(b) in relation to any food given away for the purpose of advertisement, or in furtherance of a trade or business, as if the food were, or had been, sold by the person giving away the food; and(c) in relation to any food which is exposed or deposited in any premises or place for the purposes of being so offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the occupier of the premises or place.(4) [Section 62 Subsection (4) added by No. 100 of 1984, s. 10 ]Where in section 142 there is a reference to an expression that is defined in this section, that reference shall be read as a reference to that expression as so defined.
62A. Limitation on exercise of powers of inspectors
[Section 62A Inserted by No. 116 of 1985, s. 4 ]An inspector shall not exercise any of his powers under this Part in or on licensed meat premises within the meaning of the Meat Hygiene Act 1985 .
63. Adulteration or false description
(1) [Section 63 Subsection (1) amended by No. 35 of 1966, s. 21 ]For the purposes of this Part an article of food or a drug is adulterated or falsely described when –(a) it contains, or is mixed or diluted with, any substance in any quantity or in any proportion which diminishes in any manner its food value or nutritive or druggy properties as compared with the article or drug in a pure or normal state and in an undeteriorated or sound condition, or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;(b) it contains or is mixed or diluted with any substance of lower commercial value than the article or drug in a pure or normal state, and in an undeteriorated or sound condition;(ba) it contains any substance in any quantity or any proportion, or any article, that is foreign to the food or drug in its pure or normal state, unless the presence in that food or drug of that substance in that quantity or proportion, or of that article, is authorized or required by the regulations prescribing a standard for that food or drug;(c) either wholly or in part, it does not comply with a standard therefor prescribed by the regulations;(d) it contains any substance prohibited by the regulations;(e) it contains any substance concerning which any restrictive regulation has been made in excess of any quantity or proportion permitted by the regulations;(f) it is mixed, coloured, powdered, coated, or stained in a manner whereby damage or inferiority may be concealed;(g) it consists wholly or in part of a filthy, decomposed, or putrid animal or vegetable substance, or of any portion of an animal unfit for food, whether manufactured or not;(h) it is the product of a diseased animal, or of one which has died otherwise than by slaughter;(i) it is damaged, deteriorated, or perished;(j) a valuable constituent of the article or drug has been wholly or in part abstracted or omitted;(k) it is in a package, and the contents of the package as originally put up have been removed in whole or in part and other contents have been placed in the package, or if it fails to bear on the package, or on a label attached thereto, a statement of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein, or any other substance specified by the regulations as necessary to be so stated;(l) it is in packaged form and the package, or any label attached thereto, bears a statement, design, or device regarding the article of food or drug, or the ingredients or substance contained therein, which is false or misleading in any particular; or(m) either wholly or in part, it exceeds the prescribed bacteriological content.(1A) [Section 63 Subsection (1A) substituted by No. 8 of 1996, s. 3 and Sched. 1 ]A food or drug is not to be regarded as being adulterated or falsely described by reason only that it contains an agricultural chemical product, or a veterinary chemical product, within the meaning of the Code, at a concentration at or below the maximum permitted concentration, or the maximum residue limit, within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 .(1B) [Section 63 Subsection (1B) inserted by No. 8 of 1996, s. 3 and Sched. 1 ]For the purposes of subsection (1A) , Code means the Agvet Code of Tasmania, within the meaning of the Agricultural and Veterinary Chemicals (Tasmania) Act 1994 .(2) In any proceeding under this Act for selling an article of food or a drug to which paragraph (a) , paragraph (b) , or paragraph (c) of subsection (1) of this section applies, the article or drug shall not be deemed to be adulterated or falsely described if it is sold as a mixture in accordance with the provisions of this Act.(3) Nothing in this Act shall be construed as requiring proprietors or manufacturers of proprietary foods or drugs which contain no unwholesome added ingredient to disclose their trade formulæ, except in so far as the provisions of this Act may require such a disclosure to secure freedom from adulteration or false description.
Division II - Administration
[Section 64 Substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may, by warrant, appoint –and those persons shall hold office in conjunction with their positions or offices under the Tasmanian State Service Act 1984 .(a) a person employed in that Department to be the chief inspector of food and drugs; and(b) other persons employed in that Department to be inspectors of food and drugs –
65. Power of municipality to appoint inspectors
(1) [Section 65 Subsection (1) amended by No. 35 of 1966, s. 23 ]A municipality may appoint one or more inspectors of food and drugs, who –(a) shall have –(i) the qualifications notified for the purpose in the Gazette by the Minister; or(ii) such other qualifications as the Minister may in the particular case approve; and(b) may exercise, under the direction and control of, and within the district of, the corporation by which he is appointed all the powers and authorities of an inspector under this Part.(2) For the purposes of paragraph (a) of subsection (1) of this section, the Minister may notify in the Gazette a classification of municipalities and notify different qualifications for each class.(3) Any two or more municipalities may, with the Minister's approval, appoint the same person as inspector of food and drugs.(4) [Section 65 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ]No appointment or exercise of power or authority under this section in any way limits the powers and authorities exercisable by virtue of this Act by the Minister or a person holding the Director's warrant under section seven or section sixty-four .
66. Health officers, &c., to have powers of inspectors
[Section 66 Amended by No. 100 of 1984, s. 11 ]A health officer, and within his district a municipal medical officer of health and a municipal health surveyor, have all the powers and authorities of an inspector under this Part.
67. Power of Governor to appoint analyst and fix remuneration
(1) [Section 67 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may –who possess competent knowledge, to be analysts for the purposes of this Act and those persons shall hold office in conjunction with their positions or offices under the Tasmanian State Service Act 1984 .(a) appoint persons employed in that Department; and(b) with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint persons employed in that Agency –(2) No person shall be appointed as an analyst who is directly or indirectly engaged or interested in the manufacture or sale of any food or drug.(3) Notice shall be published in the Gazette, when an appointment is made under this section, stating the residence, place of abode, or laboratory of the person appointed.(4) [Section 67 Subsection (4) amended by No. 27 of 1991, s. 5 and Sched. 1 ]Every analyst shall, on or before the thirty-first day of July in every year, report to the Director the number of articles analysed by, or under the supervision of, the analyst under this Part during the preceding period of twelve months ending on the thirtieth day of June, and shall specify the result of each analysis.
68. Powers, &c., of Government Analyst
The Government Analyst has and may exercise all the powers and authorities of an analyst under this Part.
Division III - Labelling and advertising
[Section 69 Substituted by No. 100 of 1984, s. 12 ][Section 69 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) Subject to subsections (3) and (4) , a person shall not sell a package of food unless the package bears, or has attached to it, a label setting out in such manner as is prescribed the following particulars:(a) where there is a standard prescribed for the food and –(i) a name has been prescribed to be used in relation to that food, the prescribed name; or(ii) an appropriate designation, where such a name has not been so prescribed;(b) the name and business address of the manufacturer, the packer of the contents of the package, or the vendor;(c) such other particulars as may be prescribed.Penalty: Fine not exceeding 20 penalty units.(2) [Section 69 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to subsection (3) , a person shall not sell a food other than packaged food unless it is labelled in accordance with the regulations.Penalty: Fine not exceeding 20 penalty units.(3) The regulations may prescribe any food or kind, class or description of food to which all or any of the provisions of subsection (1) or the provisions of subsection (2) do not apply or any circumstances in which all or any of the provisions of subsection (1) or the provisions of subsection (2) do not apply.(4) Unless otherwise specified in regulations in relation to a particular type of food, subsection (1) does not apply where the food was packed before or at the time of sale and in the presence of the purchaser.(5) For the purposes of this section, appropriate designation, in relation to any food, means a name or description, or a name and description, sufficiently specific in each case to indicate the true nature of the food to which it is applied.
69A. Further labelling provisions
[Section 69A Inserted by No. 100 of 1984, s. 13 ](1) The regulations may require that the label required by section 69 (1) shall also set out all or any of the following particulars in respect of the food to which it relates:(a) a statement of ingredients of that food in such detail as is prescribed;(b) the place of manufacture of that food;(c) the country of origin of that food;(d) in the manner prescribed, a date marking in respect of that food.(2) For the purposes of subsection (1) (d) , the regulations may, in relation to a particular type of food, specify the period from the date of manufacture or packing within which that type of food should be sold or consumed.(3) Regulations made for the purposes of subsection (1) may apply to all food or to a particular food or kind, class, or description of food and may make different provision with respect to any food or kind, class, or description of food.(4) [Section 69A Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where regulations for the purposes of subsection (1) are in force, a person shall not sell a package of food unless the package bears, or has attached to it, a label that complies with those regulations.Penalty: Fine not exceeding 20 penalty units.(5) [Section 69A Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person shall not sell a package of food that bears, or has attached to it, a label setting out a statement of ingredients present in the food unless the statement sets out those ingredients –(a) in the manner prescribed; or(b) where no manner is prescribed, in descending order of their relative proportion by weight.Penalty: Fine not exceeding 20 penalty units.(6) Except as otherwise provided in the regulations, a person who sells any food that is in a package that bears, or has attached to it, a label setting out a statement in relation to any particular ingredient or ingredients in the food is guilty of an offence unless the proportion by weight in which the ingredient or ingredients is or are present in the food is also set out in the statement.(7) A person who sells an article as food for animals or that is described in any label or advertisement as food for animals is guilty of an offence where the article is described on the package in which it is contained, or on the label or advertisement or otherwise, as suitable or safe for consumption by man unless the article is sold, prepared, and packed in accordance with this Part.(8) For the purposes of subsection (7) , the definition of "sale" in section 62 (1) applies to the sale of an article as food for animals as if such a sale were the sale of an article for consumption or use by man.(9) [Section 69A Subsection (9) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who is guilty of an offence under subsection (6) or (7) is liable on summary conviction to a fine not exceeding 20 penalty units.
70. Liability of person named on package
(1) Where a food or drug in connection with which there is a contravention of any of the provisions of this Part is sold in a closed package to any inspector or other person, a person who appears from any statement or label thereon, or attached thereto, to have imported, manufactured, or prepared that food or drug, or to have enclosed it in the package –(a) shall, unless he proves the contrary, be deemed to have so imported, manufactured, prepared, or enclosed the food or drug; and(b) unless the contravention is shown to be due to the default of the person on whose premises the package is found, or to deterioration or other causes beyond the control of the person named on the package or label, is guilty of an offence against this Act.(2) A person who sells a food or drug in a closed package shall be deemed to be the agent of a person named on the label on the package as the manufacturer or packer thereof.(3) For the purposes of this section, a closed package means a package to open which the sealing or covering must be broken or torn in such a way that it cannot be replaced without being re-sealed or covered afresh.
71. Examination and report upon food, drugs, and appliances advertised
(1) The Minister may cause to be examined any food, drug, or appliance which is advertised, for the purpose of ascertaining its composition and properties, and shall cause the results of the examination to be compared with any advertisement which relates to the food, drug, or appliance, and with the price at which it is sold.(2) The person carrying out an examination and comparison under subsection (1) of this section shall prepare and forward to the Minister a report upon the whole matter, which may include any comment which that person thinks desirable in the public interest.(3) Upon receipt of a report under this section, the Minister may thereupon cause the report to be published in the Gazette and in any newspaper or public print which circulates within this State, and to be distributed among the public in any other way, and no action lies in respect of the publication.(4) The proprietor or manager of a newspaper or public print may republish therein a report which has been published under subsection (3) of this section, and no action lies in respect of the republication.
72. Prohibition of sale of injurious or useless drugs or appliances specified
(1) The Governor, on the recommendation of the Minister, or of a judge, on appeal from the Minister, may by notification in the Gazette and in any newspaper circulating in this State, prohibit, after the date therein mentioned, the advertising or sale of any food or drug or appliance which, in the opinion of the Minister or of the judge, is injurious to life or health, or which by reason of its inactivity or inefficiency is useless for the advertised purposes of cure.(2) No person shall advertise or sell any food or drug or appliance in contravention of a notification under this section, and no proprietor or manager of a newspaper or other public print shall publish any advertisement prohibited under this section, and no person shall print or distribute any such advertisement.
73. Prohibition of sale of disinfectants and preservatives specified
(1) The Governor, on the recommendation of the Minister, or of a judge, on appeal from the Minister, by notification in the Gazette, may prohibit the sale of any substance or compound as a disinfectant, germicide, antiseptic, or preservative.(2) No person shall sell any substance or compound the sale of which is prohibited under this section.
74. Labelling of disinfectants, &c.
(1) The Minister, by notification in the Gazette, may require, concerning any substance or compound sold or intended to be sold as a disinfectant, germicide, antiseptic, or preservative, that such information or directions as he deems fit shall be set out on a statement or label written on or attached to any package containing that substance or compound.(2) No person shall sell any substance or compound in contravention of a notification under this section.
Division IV - Analysis of food and drugs
75. Power to demand, select, and take samples
(1) On payment or tender to a person (in this section referred to as "the vendor") selling or manufacturing or preparing for sale a food or drug, or to his agent or servant, or to a person in charge of a food or drug, either in transit or otherwise, of the current market value thereof or at the rate of payment prescribed, an inspector may demand and select and take or obtain samples of the food or drug as required by him for the purposes of this Act.(2) The inspector may require the vendor, or his agent or servant, to show, and permit the inspection of, any package or vessel in which the food or drug is at the time kept, and may take or draw, or may require the vendor, or his agent or servant, to take or draw, therefrom the samples demanded.(3) Where a food or drug is kept for retail sale in a closed package, no person shall be required by an inspector to sell less than the whole of the package.(4) The procuring by an inspector of a sample of a food or drug pursuant to this section and the payment or tender of the current market value thereof or at the rate prescribed, as the case may be, shall, for all the purposes of this Act, be deemed to be a sale by the vendor, his agent or servant, or, as the case may be, by the person in charge of the food or drug, to the inspector of the food or drug contained in the sample.(5) If rates have been prescribed for the payment for samples of a food or drug it is not necessary for an inspector to tender a higher price for the sample.(6) A person may, on payment of the prescribed fee, together with the cost of the sample, require an inspector to purchase a sample of a food or drug and submit it for analysis.
76. Analysis of food or drugs procured under sections seventy-five and one hundred and sixteen
[Section 76 Subsection (1) amended by No. 54 of 1973, s. 6 ](1) [Section 76 Subsection (1) amended by No. 35 of 1966, s. 124 ]Where a food or drug is procured, as provided by section seventy-five or section one hundred and sixteen , for the purpose of analysis, the person procuring the food or drug shall –(a) forthwith inform the person from whom he procured the food or drug of the purpose for which he procured it;(b) except where otherwise provided, forthwith divide the food or drug into three portions of equal, or approximately equal, quantity, and securely close or fasten up each portion in a separate vessel, container, or package, as may be appropriate to its nature and seal each one;(c) clearly and legibly mark each vessel, container, or package with some distinctive mark of identification;(d) deliver, or, if delivery is not taken, tender, to the person from whom he procured the food or drug one portion so marked;(e) retain one portion;(f) deliver or transmit to an analyst the third portion as soon as is reasonably practicable; and(g) . . . . . . . .(2) Where a food or drug is retailed in bottles, packages, or containers the person procuring a sample thereof may procure three of the bottles, packages, or containers each purporting to contain the same kind of food or drug and bearing the same brand or label, and in such case each bottle, package, or container so procured shall be deemed to be one such portion as is mentioned in subsection (1) of this section, and no division thereof is required.(2A) [Section 76 Subsection (2A) inserted by No. 35 of 1966, s. 24 ]Where a food or drug is retailed in the form of separate articles or objects appearing or purporting to be of the same, or approximately the same, size and composition, the person procuring that food or drug may procure a number of those articles or objects, and, for the purposes of this Act, the division of the articles or objects so procured into three lots of equal numbers shall be deemed to constitute the division of the food or drug into three portions of equal quantity, and each of those lots shall be deemed to be one portion of that food or drug.(3) [Section 76 Subsection (3) amended by No. 72 of 1974, s. 5 and Sched. 1 ]The Governor, by regulation, may prescribe the procedure to be followed in respect of milk or of any food or drug specified in the regulation, and any such procedure may be in addition to or in substitution for the procedure provided in subsections (1) , (2) , and (2A) of this section to such extent as may be prescribed.(4) Subject to the provisions of subsection (5) of this section, in proceedings under this Act in respect of a food or drug, a sample of which has been submitted to an analyst as provided in this section, the court hearing the proceedings shall be satisfied that the provisions of this section have been complied with before the certificate of the analyst thereon may be received as evidence as provided by section seventy-nine .(5) In proceedings under this Act in respect of a food or drug purchased in the usual course of business by a person other than an inspector, if it is proved that the sample of the food or drug submitted for analysis was in the same state when received by the analyst as when so purchased, the certificate of the analyst thereon may be received as evidence without proof of compliance with the preceding provisions of this section.
77. Forwarding of sample by post
(1) [Section 77 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]Where the person purchasing, or the inspector, takes or obtains a sample of a food or drug at a place outside a radius of 25 kilometres from the General Post Office at Hobart, the sample may be forwarded to an analyst by post, or in any other convenient way, in which case the certificate of the analyst that, on receipt by him, the seal thereon was unbroken is sufficient evidence of identity.(2) Any charge for postage or carriage shall be deemed to be one of the expenses of the analysis.
78. Right of owner or purchaser to have drug, &c., analysed
[Section 78 Amended by No. 100 of 1984, s. 19 and Sched. 1 ]The owner or purchaser of any drug or article, on payment of a fee according to a scale to be prescribed, is entitled to have the drug or article analysed, and to receive from the analyst a certificate of the result of his analysis.
78A. Duties to carry out analysis, &c.
[Section 78A Inserted by No. 35 of 1966, s. 25 ][Section 78A Subsection (1) amended by No. 27 of 1991, s. 5 and Sched. 1 ](1) [Section 78A Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]Where, under this Act, any drug or article is submitted or transmitted to an analyst for analysis by an inspector or by a person who, under section seventy-eight , is entitled to have that drug or article analysed, the analyst shall carry out, or arrange for and supervise the carrying out of, that analysis as soon as practicable after receiving the drug or article.(2) [Section 78A Subsection (2) amended by No. 100 of 1984, s. 19 and Sched. 1 ]Where an inspector has examined, or an analyst has analysed or supervised the analysis of, any drug or article procured by, or submitted or transmitted to, him under this Act he shall forthwith, on the completion of that analysis or examination, prepare a certificate in the prescribed form of the result thereof.
[Section 79 Subsection (2) amended by No. 27 of 1991, s. 5 and Sched. 1 ][Section 79 Amended by No. 100 of 1984, s. 19 and Sched. 1 ](1) [Section 79 Subsection (1) omitted by No. 35 of 1966, s. 26 ]. . . . . . . .(2) [Section 79 Subsection (2) amended by No. 35 of 1966, s. 26 ]In proceedings in respect of an offence against this Act –(a) the production of a document purporting to be the certificate of an analyst or inspector of the result of an analysis or examination carried out by or under the supervision of the analyst, or by the inspector shall be evidence of the facts therein stated if tendered by –unless the party against whom the document is tendered has given notice in writing to the other party, at least four days before the hearing, that he requires the analyst, a person who, under the supervision of the analyst, was involved with the analysis or examination or the inspector to be called as a witness; and(i) the prosecutor; or(ii) the defendant if he has, seven days before the hearing, delivered a copy thereof to the prosecutor –(b) if the defendant requires the portion of the food or drug retained as provided by paragraph (e) of subsection (1) of section seventy-six to be produced at the hearing, he shall give the prosecutor three days' notice in writing of his requirement; and(c) section 60 of the Evidence Act 1910 does not apply.(3) [Section 79 Subsection (3) added by No. 35 of 1966, s. 26 ]Where in any proceedings the defendant makes any such requirement in respect of a portion of a food or drug as is referred to in paragraph (b) of subsection (2) of this section no evidence shall be given in those proceedings as to the result of any analysis or examination of that food or drug unless that portion is produced at the hearing.
80. Where method of analysis prescribed
[Section 80 Amended by No. 100 of 1984, s. 19 and Sched. 1 ][Section 80 Amended by No. 27 of 1991, s. 5 and Sched. 1 ]Where any method of analysis has been prescribed for the analysis of any drug or article, an analyst, either for the prosecution or the defence in proceedings under this Act, shall, in his certificate of analysis, declare that the prescribed method was followed in the performance of the analysis; but evidence is admissible on the part of the defence of analysis made by other than the prescribed method, and to show that the prescribed method is not correct.
81. Mode of determining strength of spirits
For the purpose of determining the degree of strength of spirits, such apparatus shall be used and such method observed as may be prescribed.
82. Disqualification of analyst for non-compliance with Act
[Section 82 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]An analyst who offends against any of the provisions of this Part, respecting any method of analysis prescribed, may, if the Director is satisfied that the offence has been wilfully committed, be disqualified by the Director for appointment as an analyst for such period as the Director thinks fit.
(1) [Section 83 Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]Where the prosecutor, in any case under this Part, has caused the drug or article forming the subject of prosecution to be analysed by an analyst, the court may, in case of a conviction, assess the reasonable expense of and attending the analysis, and award it against the defendant as part of the costs of the prosecution.(2) In addition to the costs (if any) under subsection (1) of this section, the court may, in the case of a conviction under this Part, assess and award against the defendant –(a) as part of the costs of the prosecution, the expenses incurred by the prosecutor while engaged in travelling to and attending the trial, including the proportionate part of his salary while so engaged; and(b) where the Government Analyst or a member of his staff has given evidence at the trial, such costs in respect of his attendance as the court may determine.
84. Copy of result of analysis to be supplied on demand in certain cases
(1) [Section 84 Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]A copy of the result of an analysis of any drug or article taken or obtained by the person purchasing or an inspector shall, on demand, be supplied by the analyst to the person from whom the drug or article was taken or obtained, and to the manufacturer or his agent in this State, on payment of a fee to be prescribed.(2) An analyst may, on payment of the prescribed fee, supply additional copies of the results of an analysis to a person to whom subsection (1) of this section relates.
85. Analysis not to be referred to for trade purposes
[Section 85 Amended by No. 55 of 1965, s. 5 ][Section 85 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 85 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, for trade purposes or advertisement, use any analysis made for the purposes of this Part.Penalty: Fine not exceeding 2 penalty units.
86. Municipalities to submit samples for analysis
The corporation shall submit to an analyst for analysis such samples or portions of articles of food or drugs as may at any time be required by the Director.
Division V - . . . . . . . .[Part VIII, Div. V Repealed by No. 116 of 1985, s. 5 ][Section 87 Repealed by No. 116 of 1985, s. 5 ]. . . . . . . . [Section 88 Repealed by No. 116 of 1985, s. 5 ]. . . . . . . . [Section 89 Repealed by No. 116 of 1985, s. 5 ]. . . . . . . .
Division VA - . . . . . . . .[Part VIII, Div. VA Repealed by No. 116 of 1985, s. 5 ][Section 89A Repealed by No. 116 of 1985, s. 5 ]. . . . . . . .
Division VI - Offences
90. Prohibition on sale of certain food
[Section 90 Substituted by No. 100 of 1984, s. 14 ][Section 90 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who sells any food which –is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.(a) is unfit for consumption by man;(b) is adulterated; or(c) is damaged, deteriorated, or perished –
91. Prohibition on preparation of certain food
[Section 91 Substituted by No. 100 of 1984, s. 14 ][Section 91 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who prepares for sale any food which –is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.(a) is unfit for consumption by man;(b) is adulterated; or(c) is damaged, deteriorated, or perished –
92. Prohibition on packaging of certain food
[Section 92 Substituted by No. 100 of 1984, s. 14 ][Section 92 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who packs for sale any food which –is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.(a) is unfit for consumption by man;(b) is adulterated; or(c) is damaged, deteriorated, or perished –
92A. Prohibition on preparation of food not complying with prescribed standard
[Section 92A Inserted by No. 100 of 1984, s. 14 ](1) A person who prepares for sale any food for which there is a standard prescribed is guilty of an offence unless the food complies with that standard.(2) [Section 92A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding 30 penalty units.
92B. False labelling of certain food
[Section 92B Inserted by No. 100 of 1984, s. 14 ](1) A person who sells any food which bears or has attached to it, or is contained in a package which bears or has attached to it, a name prescribed for a food for which there is a standard prescribed, or which is otherwise designated or represented as being a food for which a standard is prescribed, is guilty of an offence unless the food complies with the prescribed standard.(2) [Section 92B Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding 20 penalty units.
92C. Protection for purchasers of food
[Section 92C Inserted by No. 100 of 1984, s. 14 ](1) [Section 92C Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who sells any food which is not of –of the food demanded by the purchaser is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.(a) the nature;(b) the substance; or(c) the quality –(2) [Section 92C Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who sells any food which does not comply with the standard prescribed in the regulations for the food demanded by the purchaser is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.(3) Where a person demands any food by a name prescribed in the regulations for a food for which there is a standard so prescribed, he shall be deemed to have demanded food which complies with that standard.
92D. False packaging and labelling
[Section 92D Inserted by No. 100 of 1984, s. 14 ](1) [Section 92D Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who packs, or labels, for sale any food in a manner which is false or misleading in any particular or deceptive is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.(2) Any food which is packed, or labelled, for sale contrary to, or not in compliance with, any other provision of this Part shall be deemed to be packed or labelled contrary to subsection (1) .(3) [Section 92D Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who sells any food which has been packed or labelled contrary to subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.
[Section 92E Inserted by No. 100 of 1984, s. 14 ](1) [Section 92E Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to subsection (3) , a person who, for the purpose of effecting or promoting the sale of any food, publishes or causes to be published an advertisement which is false or misleading in any particular or deceptive is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.(2) In any proceedings under subsection (1) against the manufacturer, producer, or importer of any food, the onus of proof is on the defendant that he did not publish the advertisement or did not cause the advertisement to be published.(3) In any proceedings under subsection (1) , it is a defence for the defendant to prove either –(a) that he did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a character as is described in that subsection; or(b) that, being a person whose business it is to publish or to arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business and did not himself make, or cause to be made, any material alteration in the substance of that advertisement.
[Section 92F Inserted by No. 100 of 1984, s. 14 ][Section 92F Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who, in or from Tasmania, sells any food which is to be despatched outside Tasmania and which is –whether the actual sale is effected or is to become effective in Tasmania or elsewhere, is guilty of an offence and is liable on summary conviction to a fine not exceeding 30 penalty units.(a) food such as is mentioned in section 90 ; or(b) food which is packed or labelled contrary to, or not in compliance with, a provision of this Part –
93. Mixing food or drugs so as to be injurious to health
(1) No person shall for purposes of sale –(a) mix or cause or permit to be mixed, any ingredient or material with any article of food, or colour, stain, or powder any such article, or cause or permit it to be coloured, stained, or powdered, so as in any such case to render the article dangerous or injurious to health; or(b) mix, or cause or permit to be mixed, any ingredient or material with any drug, or colour, stain, or powder any drug, or cause or permit it to be coloured, stained, or powdered so as to affect injuriously the quality or potency of the drug.(2) No person shall sell any food or drug mixed with any ingredient or material, or coloured, stained, or powdered contrary to this section, so that it is rendered dangerous or injurious to health, or its quality or potency is injuriously affected.(3) A person is not liable to be convicted under subsection (2) of this section in respect of the sale of any article of food or any drug, if he shows to the satisfaction of the court before which he is charged that he did not know that the article of food or drug sold by him was mixed, coloured, stained, or powdered contrary to this section, and that he could not by analysis or other adequate test have obtained that knowledge.
94. Prohibition of mixing food to increase bulk or selling food so mixed
(1) No person shall –(a) for the purposes of sale mix, or cause or permit to be mixed, any ingredient or material with a food or drug in order thereby fraudulently to increase its weight, bulk, or measure, or to conceal its inferior quality; or(b) sell any food or drug mixed with any ingredient or material whereby the weight, bulk, or measure of the food or drug has been fraudulently increased, or its inferior quality concealed.(2) No person shall –(a) sell a food or drug which is not of the nature, substance, or quality of the food or drug demanded by the purchaser; or(b) sell any compounded food or drug which is not composed of ingredients in accordance with the demand of the purchaser.(3) In a prosecution under this section it is no defence to prove –(a) that the purchaser, having bought only for analysis, was not prejudiced by the sale; or(b) that the food or drug the subject of the prosecution, though defective in nature, or in substance, or in quality, was not defective in all three respects or in more than one of those respects.(4) For the purposes of this section –shall, unless the drug is included in a list of exceptions published in the Gazette under the authority of the Minister, be deemed to be a drug which is not of the substance of the drug demanded by the purchaser.(a) a drug sold under a name included in the British Pharmacopœia which does not comply with the description given of, and tests prescribed for, that drug in the latest edition, with amendments of the British Pharmacopœia or British Pharmaceutical Codex; or(b) a drug sold under an official name as defined by the Therapeutic Substances Act 1953 of the Commonwealth, as from time to time amended, which does not comply with the standards therefor as so defined –
(1) Where a person sells a food or drug which is mixed with a foreign substance, that food or drug shall be in accordance with the prescribed standards, and the ingredients shall be pure and in an undeteriorated and sound condition; and he shall deliver the mixture to the purchaser in a package on or attached to which is a statement or label, marked, written, or printed in accordance with the regulations, stating –(a) that the food or drug is a mixture;(b) the names of the ingredients and such other particulars as may be prescribed; and(c) when the mixture is a food, the proportions of ingredients, where so prescribed.(2) It is not necessary to attach a statement or label as provided in subsection (1) of this section in the case of –(a) a drug supplied by prescription or order signed by a medical practitioner for any person;(b) a drug or food which is a proprietary medicine, or is the subject of a patent in force, and is supplied in the condition required by the specification of the patent;(c) a mixture exempted from this section by the regulations, which exemption may be applied to classes of articles; or(d) a mixture supplied by a registered pharmaceutical chemist.(3) No person shall sell any food or drug which is a mixture in respect of which the provisions of this section have been contravened or have not been complied with.
96. Mixed articles for sale or in stock to be labelled
(1) No person shall manufacture, expose for sale, or keep or store for the purpose of trade or commerce, a food or drug that is mixed with a foreign substance, or is not in accordance with the prescribed standards, unless the vessel, tin, bottle, package, or other receptacle containing it has affixed to it a label, marked, written, or printed in accordance with the regulations, stating –(a) that the food or drug is a mixture;(b) the names of the ingredients and such other particulars as may be prescribed; and(c) when the mixture is a food, the proportion of ingredients, where so prescribed.(2) If the defendant satisfies the court that the food or the drug which is the subject-matter of a prosecution under this section was contained in an unopened vessel, tin, bottle, package, or other receptacle, and was purchased by him from a manufacturer, importer, or wholesale dealer in the Commonwealth named by the defendant, and that the defendant had no reason to believe that the food or drug was mixed with any foreign substance, or was not in accordance with the standards prescribed by this Act, the complaint shall be dismissed.
No person shall make, prepare, or compound for sale, or sell –with or without salt or other preservative, and with or without the addition of colouring matter, and not the legitimate product of the dairy, in imitation of or as a substitute for butter, unless a conspicuous and legible brand or mark in accordance with the regulations, indicating the nature of the compound or article, is placed upon each piece or pat, and on every jar, parcel, cask, case, or package that contains the compound or article.(a) a compound of fats, oils, or similar substances other than the fat of milk; or(b) an article not made exclusively of milk or cream, or both –
98. Employment of infected persons in manufacture or sale, &c., of food or drugs prohibited
(1) No person who is suffering from an infectious or contagious disease shall engage or be employed in the manufacture, manipulation, preparation, handling, storage, or sale of food or drugs.(2) No person shall knowingly employ any person who is suffering from any infectious or contagious disease in the manufacture, manipulation, preparation, handling, storage, or sale of food or drugs.(3) A medical officer of health, a municipal medical officer of health, or a medical practitioner authorized by the Minister may examine any person so engaged or employed who is suspected of suffering from any infectious or contagious disease, and every person who refuses to submit to examination, on being required by that medical officer or practitioner so to do, is guilty of an offence against this Act, and shall not resume or continue in that employment until certified as being free from disease by a medical practitioner.
99. Power of inspector to require list of vendors of milk, cream, or meat and of customers for milk or cream
A vendor of milk, cream, or meat shall, at the request in writing of an inspector, furnish to the inspector –(a) the names and addresses of persons from whom he has received any milk, cream, or meat indicated by the inspector, and the respective dates upon which the milk, cream, or meat was received; and(b) in the case of milk or cream, the names and addresses of his customers generally, or of the customers of any milk or cream indicated by the inspector.
100. Use of lead or unclean pipe for drawing beer, &c., prohibited
No person shall use, for drawing from any receptacle any fermented liquor known as beer, ale, porter, stout, or any other malt liquor for the purpose of sale, any pipe –(a) made wholly or partly of lead;(b) which is not kept in a clean and wholesome condition; or(c) which contains any matter, sediment, or growth likely to be injurious to health.
101. Penalty for offence against this Part
[Section 101 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 101 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 101 Subsection (1) amended by No. 55 of 1965, s. 5 ]If a person contravenes or does not comply with or is guilty of an offence against any provision of this Part, and no other penalty is by this Part expressly provided in that behalf, he is liable for the first offence to a fine not exceeding 10 penalty units, and for a second offence to a fine not exceeding 20 penalty units, and for any subsequent offence to a fine not exceeding 50 penalty units.(2) [Section 101 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where a person is found guilty of an offence under this Part, and the certificate of the Director or the Government Analyst states that the adulterated article has been so adulterated as to be injurious to health, or the offence, in the opinion of the court, was committed wilfully, or through the offender's culpable negligence, the offender is liable, in addition to or in lieu of a fine, to imprisonment for a term not exceeding 6 months.
102. Interference with official marks or seals
[Section 102 Amended by No. 55 of 1965, s. 5 ][Section 102 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 102 Amended by No. 100 of 1984, s. 19 and Sched. 1 ][Section 102 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person, who is not authorized so to do, shall remove, erase, alter, break, or open any mark, seal, or fastening placed by an inspector upon any drug or article, or upon any door or opening affording access to it.Penalty: Fine not exceeding 20 penalty units.
102A. Tampering, &c., with drugs, &c., before analysis
[Section 102A Inserted by No. 35 of 1966, s. 28 ][Section 102A Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ][Section 102A Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 102A Subsection (3) amended by No. 100 of 1984, s. 19 and Sched. 1 ][Section 102A Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 102A Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ]Where a drug or article, or any portion thereof, has been procured under this Part by an inspector and, as authorized or required by this Part, has been placed by him in a sealed package, no person shall, except in so far as is necessary for the purpose of complying with the provisions of this Act or of carrying out an examination or analysis authorized by this Act, tamper with or destroy the drug or article so placed in that package.Penalty: Fine not exceeding 20 penalty units.(2) [Section 102A Subsection (2) amended by No. 100 of 1984, s. 19 and Sched. 1 ]Nothing in subsection (1) of this section –(a) prohibits the doing of any act in relation to any portion of the drug or article referred to therein that has been delivered or tendered by an inspector to the person from whom it was procured that would have been lawful if this section had not been enacted;(b) prohibits the destruction or disposal by or at the direction of an inspector, of any portion of that drug or article that is retained by the inspector and is not submitted for examination or analysis; or(c) prohibits the destruction or disposal, after an examination or analysis of any drug or article, of the drug or article submitted for that examination or analysis.(3) [Section 102A Subsection (3) amended by No. 54 of 1973, s. 14 and Sched. 1 ]No person shall submit for analysis any portion of a drug or article that has been procured as referred to in subsection (1) of this section if since being so procured that drug or article has been tampered with otherwise than so far as is necessary to comply with the requirements of section seventy-six .Penalty: Fine not exceeding 20 penalty units.
103. Forfeiture of drug or article
(1) [Section 103 Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]In the case of a conviction under this Part, any drug or article to which the conviction relates may, by order of the court, be forfeited to the Crown.(2) A forfeiture under this section may extend to the whole of the article, and to the whole of any similar article, and to all packages or vessels containing any similar article belonging to the defendant, or found on the defendant's premises, or in his possession at the time of his committing the offence.(3) All articles forfeited under this section shall be disposed of as the Director may direct.
104. Procedure in respect of offences
[Section 104 Amended by No. 72 of 1974, s. 5 and Sched. 1 ]All complaints in respect of offences against the provisions of this Part shall be heard and determined by a magistrate.
105. Limit of time for prosecution
[Section 105 Amended by No. 54 of 1973, s. 7 ][Section 105 Amended by No. 100 of 1984, s. 19 and Sched. 1 ]When any drug or article has been taken or obtained for analysis, no prosecution under this Part in respect thereof shall be instituted after the expiration of six months from the time when it was so taken or obtained or after the expiration of such further period from that time, not exceeding twelve months, as a court, on application being made to it in that behalf, for any reason which to it seems to justify such a course, may allow.
[Section 106 Amended by No. 100 of 1984, s. 19 and Sched. 1 ]Upon a complaint under this Part concerning any drug or article, the summons shall not be made returnable less than ten days from the day on which it was served.
107. Copy of analyst's certificate
[Section 107 Amended by No. 54 of 1973, s. 8 ][Section 107 Amended by No. 100 of 1984, s. 19 and Sched. 1 ][Section 107 Amended by No. 27 of 1991, s. 5 and Sched. 1 ]In every prosecution under this Part concerning any drug or article, there shall be served with the summons a copy of any certificate of analysis or certificate of examination (as the case may be) of the analyst or inspector who analysed, or supervised the analysis of, or inspected the drug or article the subject of the prosecution that may have been obtained on behalf of the prosecution.
108. Possession of certain articles, &c., prima facie evidence of contravention of Act
[Section 108 Amended by No. 100 of 1984, s. 19 and Sched. 1 ]Where a sample of any article or drug procured by an inspector has been proved by analysis to have been adulterated or falsely described, and an inspector has in pursuance of this Part, seized, marked, fastened, or secured that article in any place, proof of the possession by any person in that place of the article is prima facie evidence that the article was in his possession for sale in contravention of this Act.
109. Source of information of witness or reports to inspector need not be disclosed
(1) No witness on behalf of a prosecution under this Part shall be compelled to disclose –(a) the fact that he received any information;(b) the nature of the information; or(c) the name of the person who gave him information.(2) No inspector appearing as a witness in a prosecution under this Part shall be compelled to produce any reports made or received by him confidentially in his official capacity or containing confidential information.
[Section 110 Amended by No. 54 of 1973, s. 9 ]The onus of proof that any food or drug has not been sold is on the defendant.
111. Agent or servant liable in addition to principal
(1) [Section 111 Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]Subject to subsection (2) of this section, in a prosecution under this Part for the sale of any drug or article, it is no defence that the defendant is only the agent or servant of the owner of, or person dealing in, the drug or article, or having it for sale, but the agent or servant and the owner or person dealing are both liable.(2) A servant is not liable if he proves that the offence was committed in a store, shop, stall, or other similar place in which business was, at the time of the commission of the offence, conducted under the personal superintendence of the owner of the business or some manager or other person representing him.
112. Right of agent or servant to recover from principal
(1) [Section 112 Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]If the defendant, in a prosecution under this Part, being an agent or servant, proves that he sold the drug or article without knowledge that any provision of this Part with regard to the nature, substance, quality, description, labelling, constituents, or mode of manufacture of the drug or article, or any package in which it was contained, had been contravened or had not been complied with, he may, whether his principal or employer has or has not been convicted and fined, recover in any court of competent jurisdiction from his principal or employer the amount of any penalty imposed on him in the prosecution, together with the costs paid or payable by him upon his conviction and those paid or payable by him in and about his defence to the prosecution.(2) Where an agent or servant has been convicted under this Part, the convicting magistrate may suspend the operation of the conviction for a period not exceeding three months, to enable him to recover from his principal or employer as provided in subsection (1) of this section.
113. Defence available to defendant where some other person is responsible for commission of offence
(1) A person against whom proceedings are brought in respect of an offence against this Part is entitled to have any person to whose act or default he alleges that the commission of the offence was due brought before the court in those proceedings, and if, after the offence is proved, the original defendant proves that the commission of that offence was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he has used all due diligence to secure compliance with the provisions of this Part in respect of the contravention in respect of which the proceedings are brought, he shall be acquitted of the offence.(2) To avail himself of the provisions of subsection (1) of this section the defendant may, on three clear days' notice to the complainant, apply to any justice for a summons to the third party and –(a) the justice shall make the return day of that summons conform to the principle of section one hundred and six and amend the return day of the summons on the complaint accordingly; and(b) the justice's summons shall recite the complaint and the defendant's allegation on which it is issued.(3) Where a defendant avails himself of the provisions of subsection (1) of this section –(a) the complainant, and the person to whose act or default the defendant alleges the commission of the offence is due, are entitled to cross-examine the defendant, if he gives evidence, and to cross-examine any witness called by him in support of his evidence, and to call rebutting evidence; and(b) the justice before whom the proceedings are brought may make such order as he thinks fit for the payment of costs by any party to the proceedings to any other party thereto.(4) Where it appears to an inspector that an offence under this Part has been committed in respect of which proceedings might be taken against some person and the inspector is reasonably satisfied that the offence was due to an act or default of some other person and that the first-mentioned person could have that other person brought before the court in accordance with subsection (1) of this section, the inspector may cause proceedings to be brought against that other person without first causing proceedings to be brought against the first-mentioned person, and in any proceedings so brought that other person may be charged with and, on proof that the commission of the offence was due to his act or default, may be convicted of, the offence with which the first-mentioned person might have been charged.
114. Conditions under which a warranty may be pleaded as a defence
(1) Subject to this section, in the case of proceedings in respect of the sale of a food or drug which was not of a nature, substance, or quality entitling a person to sell or otherwise deal with it under the description or in the manner under or in which the defendant dealt with it, it is a defence for the defendant to prove that –(a) he purchased the food or drug as being an article of such a nature, substance, and quality as would have so entitled him, and with a written warranty to that effect;(b) he had no reason to believe at the time of the commission of the alleged offence that the food or drug was not of such a nature, substance, or quality as would have entitled him to deal with it in the manner under or in which he dealt with it; and(c) the food or drug was, at the time of the commission of the alleged offence, in the same state as when he purchased it.(2) A warranty is a defence to proceedings under this Part only if –(a) the defendant has, within seven days of the service of the summons on him, served on the complainant a copy of the warranty and a notice stating that he intends to rely on the warranty and specifying the name and address of the person from whom he received it, and has forwarded a like notice of his intention to that person; and(b) in the case of a warranty given by a person residing outside this State, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein.(3) Where the defendant is an agent or a servant of the person who purchased any food or drug under a warranty, he is entitled to rely on the provisions of this section in the same way as his principal or employer would have been entitled to do if he had been the defendant.(4) The person by whom a warranty is alleged to have been given is entitled to appear at the hearing and to give evidence, and the justices may, if they think fit, adjourn the hearing to enable him so to do.(5) For the purposes of this section and of section one hundred and fifteen , a name or description entered in an invoice shall be deemed to be a written warranty that the food or drug to which the entry refers is of such a nature, substance, and quality that a person can sell or otherwise deal with it under that name or description without contravening any of the provisions of this Part.
115. Offences in relation to warranties and certificates of analysis
(1) A defendant who, in proceedings under this Part, wilfully applies to any food or drug a warranty or certificate of analysis given in relation to any other food or drug is guilty of an offence.(2) A person who, in respect of any food or drug sold by him, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statement or description therein was accurate.
Division VII - Auxiliary proceedings
116. Inspection of animals, places, and articles
[Section 116 Subsection (1) amended by No. 116 of 1985, s. 6 ][Section 116 Subsection (4) amended by No. 100 of 1984, s. 15 ][Section 116 Subsection (4) amended by No. 116 of 1985, s. 6 ](1) [Section 116 Subsection (1) amended by No. 100 of 1984, s. 15 ]Subject to section 62A , an inspector may, for the purposes of this Part, at any reasonable time in the day or night, enter any premises or place and inspect and examine any animal.(2) [Section 116 Subsection (2) substituted by No. 100 of 1984, s. 15 ]Subject to section 62A , an inspector may, at any reasonable time in the day or night, enter and remain in any premises or place which he has reasonable grounds for believing is kept or used for the sale, preparation for sale, storage, delivery, conveyance, or manufacture of any article.(2A) [Section 116 Subsection (2A) added by No. 100 of 1984, s. 15 ]Where an inspector enters any premises or place as mentioned in subsection (2) , he may inspect –(a) those premises or that place;(b) any article, in or on those premises or that place, which he has reasonable grounds for believing to be an article used, or to be sold or used, as a food; and(c) any prohibited article in or on those premises or that place.(3) [Section 116 Subsection (3) amended by No. 116 of 1985, s. 6 ]Subject to section 62A , an inspector may inspect any carcase or article used, or which he has reasonable ground for believing is intended to be sold or used, as a food or drug, or which he has reasonable grounds for believing is a prohibited article, and which is –for the purposes of trade, sale, or delivery.(a) being conveyed –(i) along a street;(ii) by water in any vessel or boat; or(iii) by railway; or(b) in transit on an airfield –(i) in a store or other place;(ii) in an aircraft; or(iii) on a truck, trolley, or other vehicle –(4) [Section 116 Subsection (4) amended by No. 35 of 1966, s. 29 ]Subject to section 62A , an inspector may –(a) take for examination or analysis any carcase or article that he is entitled to inspect under the foregoing provisions of this section, or any portions or samples of that carcase or article;(b) open any package containing any such carcase or article or any such article;(c) weigh, count, measure, gauge, or mark any such carcase, article, or package, and fasten, secure, or seal it or any door or opening affording access to it;(d) seize any animal, or carcase, or any such article wherever found which is, or which he has reasonable grounds for believing to be dangerous or injurious to health, or unwholesome, or unfit for use, or to be a prohibited article, and any package or vessel enclosing or containing any such article;(e) destroy or dispose of, otherwise than for human consumption, any carcase, article of food, or drug, wherever found, which is decayed, putrefied, or unwholesome; and(f) if he is satisfied that any animal is utterly unfit for human consumption, and should forthwith be destroyed in order to prevent disease, cause it to be destroyed accordingly or disposed of otherwise than for human consumption.(5) A person claiming anything seized under this section, but not destroyed in accordance with paragraph (e) or paragraph (f) of subsection (4) of this section, may, within forty-eight hours after the seizure, complain thereof to any justice, and his complaint may be heard and determined before any two or more justices, who may either confirm or disallow the seizure wholly or in part, and may order the animal, carcase, or article seized to be restored.(6) If within forty-eight hours after a seizure under this section no complaint has been made, or if the seizure is confirmed, the animal, carcase, or article seized shall be destroyed or disposed of, otherwise than for human consumption, as a medical officer of health, municipal medical officer of health, or inspector directs.(7) [Section 116 Subsection (7) amended by No. 35 of 1966, s. 29 ]The destruction or disposal of any animal, carcase, or article under this section shall be at the expense in all respects of the owner or the person in whose possession it was found.(8) In proceedings under this section, the presence of food in any place is evidence that it was intended to be sold or used for human consumption; and the presence of drugs in any place is evidence that they were intended to be sold or used.(9) Without restricting its general application, this section extends and applies to articles packed, bottled, or tinned, or sold, or made up or included in, or prepared or cooked for, any meal to be consumed on the premises at any place.
117. Power to Minister to require inspection of store records, &c.
[Section 117 Subsection (3) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 117 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 117 Subsection (1) amended by No. 100 of 1984, s. 19 and Sched. 1 ]If, in the opinion of the Minister, there is reasonable ground for suspecting that a person is in possession, for the purposes of sale, or for the manufacturing or preparing for sale, of any drug or article in contravention of this Part, he may require that person to produce for his inspection, or to produce to any officer authorized by him in that behalf, any books of the nature of store records, or which deal with the reception, possession, or delivery of any drug or article.(2) The Minister may make or cause to be made copies of or extracts from any such books, and any copies or extracts, purporting to be certified as such by the Minister or an inspector, shall be deemed to be true and correct copies or extracts.(3) [Section 117 Subsection (3) amended by No. 55 of 1965, s. 5 ]An inspector who does not maintain, and aid in maintaining, the secrecy of all matters which come to his knowledge in the performance of his official duties under this section, or who communicates any such matter to any person, except for the purpose of carrying into effect the provisions of this Act, is guilty of an offence.Penalty: Fine not exceeding 50 penalty units.
118. Publication of names of offenders
(1) Where a person or any of his servants or agents has been convicted of an offence under this Part relating to the sale of any food, drug, or appliance, and that person or any of his servants or agents is subsequently convicted of any such offence, a notification of the name of that person may be published by the Minister in the Gazette within twenty-one days after the latter conviction, together with the address of his place of business, the trade or company name under which he trades, and a description of the nature of the offence, the decision of the court, and the penalty imposed, and any forfeiture incurred.(2) Where a food, drug, or appliance is supplied to a person by some other person, and is sold by the first-mentioned person in the state in which he receives it, the name of the supplier, and the address of his place of business, and the nature of the trade carried on by him may, after notice to the supplier, also be included in the notification referred to in subsection (1) of this section.(3) A notification under this section may, if the Minister so directs, be republished in any newspaper circulating in this State, and no action for the republication lies against the proprietor, publisher, or printer of that newspaper.(4) During the pendency of any appeal against, or motion to review, a conviction for an offence, a notification under this section in respect of that offence shall not be published by the Director, but may be so published within twenty-one days after a final order has been made dismissing the appeal or affirming the conviction.
Division VIIA - Fish and Shellfish[Part VIII, Div. VIIA Inserted by No. 72 of 1974, s. 2 ]
118A. Minister may prohibit taking of fish or shellfish in certain circumstances
[Section 118A Inserted by No. 72 of 1974, s. 2 ][Section 118A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) Where the Minister is of the opinion that fish or shellfish taken within an area may be dangerous or injurious to persons consuming those fish or shellfish he may, by order, prohibit the taking of fish or shellfish within that area.(2) [Section 118A Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Except with the approval of the Director, no person shall take fish or shellfish, whether for human consumption or for any other purpose, within an area in respect of which an order under subsection (1) applies.Penalty: Fine not exceeding 30 penalty units.(3) [Section 118A Subsection (3) amended by No. 19 of 1995, s. 3 and Sched. 1 ]For the purposes of this section –shellfish means abalone, scallops, oysters, mussels, cockles, and any other molluscs, whether bivalve or univalve, capable of being used for human consumption, as may be prescribed; andtake fish has the same meaning as it has under the Living Marine Resources Management Act 1995 .
Division VIII - General
(1) The Governor shall, for the purposes of this Part, appoint a Food Standards Committee.(2) [Section 119 Subsection (2) amended by No. 35 of 1966, s. 30 ]The Committee shall consist of the Director, who shall be the chairman of the Committee, the Government Analyst and at least three other persons to be appointed by the Governor.(3) [Section 119 Subsection (3) amended by No. 35 of 1966, s. 30 ]The members so appointed shall hold office for such period, not exceeding three years, as the Governor may direct, and shall include –(a) a professor of, or lecturer in, chemistry in the University of Tasmania; and(b) two other persons conversant with trade requirements.(4) At meetings of the Committee the chairman has a deliberative vote, and in the event of an equality of votes, a second or casting vote.(5) The chairman, together with any two members of the Committee, constitute a quorum.(6) [Section 119 Subsection (6) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The members of the Committee who are not employees, within the meaning of the Tasmanian State Service Act 1984 , shall be paid attendance fees of such amount as may be prescribed.(7) [Section 119 Subsection (7) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department shall appoint a person employed in that Department to be secretary of the Committee and that person shall hold office in conjunction with a position or an office under the Tasmanian State Service Act 1984 .(8) The Governor may make regulations prescribing the business and proceedings of the Committee, but, in the absence of any such regulations, or so far as they do not extend, the Committee may regulate its own procedure and business.
120. Regulations: registration of food factories and restaurants; licensing of persons in charge thereof
[Section 120 Substituted by No. 54 of 1973, s. 10 ](1) The Governor may make regulations relating to and prescribing any premises or class of premises specified therein, being premises in which food is manufactured, prepared, packed, or stored for sale, or is sold to persons not resident in the premises, to be premises for the purposes of this Division, and –(a) any premises so prescribed shall be registered annually, without fee, under and subject to the prescribed terms and conditions; and(b) the person actually carrying on or conducting the process or the business of any premises registered, or required to be registered, as provided by this section shall hold an annual licence for that purpose which shall be subject to the prescribed terms and conditions.(2) Applications for the registration of premises or for the grant of a licence under this section or for the transfer thereof shall be made, in the prescribed manner, to the local authority which may, in its discretion, register the premises or grant the licence (as the case may be) or decline to do so.(3) [Section 120 Subsection (3) amended by No. 63 of 1978, s. 4 ]Regulations under this section may prescribe –(a) the procedure to be followed and the conditions to be observed (including the particulars to be specified therein) in relation to applications for the registration of premises and for licences under this section; and(b) the terms and conditions on and subject to which registration of premises and licences under this section, or the transfer thereof, may be granted;(c) . . . . . . . .(3A) [Section 120 Subsection (3A) inserted by No. 63 of 1978, s. 4 ]Every local authority may make by-laws fixing the fee payable under this section on the grant of a licence or the transfer of a licence.(4) The terms and conditions on and subject to which premises are registered or a licence is granted under this section shall be specified in the document of registration or in the licence, as the case may be.(5) The local authority which registered premises and granted a licence under this section may, by notice served on the person to whom the licence was granted, or to whom it has been transferred, cancel or suspend the registration of the premises or the licence, or both the registration of the premises and the licence, on the ground that any provision of this Act or any term or condition on or subject to which the premises were registered, or the licence was granted, during the currency of the registration of the premises or of the licence has not been, or is not being, complied with.(6) [Section 120 Subsection (6) amended by No. 72 of 1974, s. 5 and Sched. 1 ]An applicant for the registration of premises or a licence under this section whose application is refused may, within twenty-eight days of being notified of that refusal, appeal therefrom to a magistrate.(7) [Section 120 Subsection (7) amended by No. 72 of 1974, s. 5 and Sched. 1 ]The holder of a licence under this section may, within twenty-eight days after the service of a notice of cancellation on him under subsection (5) of this section, appeal to a magistrate against such cancellation.(8) [Section 120 Subsection (8) amended by No. 72 of 1974, s. 5 and Sched. 1 ]The magistrate hearing an appeal under this section may confirm the decision of the local authority that is appealed against or may uphold the appeal and revoke the cancellation or suspension (as the case may be) either absolutely or subject to such conditions as the magistrate may see fit to impose.(9) Any person who actually carries on or conducts the processes or the business of any premises required to be registered under this section but which are not registered, or without being the holder of a licence under this section, commits an offence against this Act.(10) Notwithstanding subsection (9) of this section, where the registration of any premises or a licence has been cancelled under this section, the holder of the licence relating to those premises may continue to carry on or conduct the processes or business of those premises until the expiration of fourteen days after being served with a notice of such cancellation or, if an appeal is lodged under subsection (7) of this section, until the appeal is disposed of, whichever is applicable in the circumstances.(11) [Section 120 Subsection (11) inserted by No. 116 of 1985, s. 7 ]For the purposes of this section, premises does not include licensed meat premises within the meaning of the Meat Hygiene Act 1985 .
120A. Certain premises to be approved by Minister
[Section 120A Inserted by No. 54 of 1973, s. 10 ][Section 120A Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 120A Subsection (1) amended by No. 116 of 1985, s. 8 ]A person shall not use premises, not being licensed meat premises within the meaning of the Meat Hygiene Act 1985 , for the manufacture, preparation, packing, or storage of food for sale that –without the Minister's approval as provided in this section.(a) were not so used at the commencement of this section; or(b) being so used have undergone material alteration as mentioned in subsection (3) of this section –Penalty: Fine not exceeding 10 penalty units.(2) [Section 120A Subsection (2) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]For the purposes of this section, the Minister's approval –(a) in the case of a building for which a permit to build has been issued under the Building Regulations , is to be based on the plans and specifications relating to the fitting out and arranging of plant and equipment for the proposed use; and(b) in any other case, is to be obtained by the person requesting it by forwarding the prescribed information.(3) [Section 120A Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Premises shall be deemed to undergo material alteration for the purposes of this section if the alteration –(a) is subject to the Building Regulations ; or(b) not being so subject, affects the compliance of the premises with the regulations made for the purposes of this Part.(4) [Section 120A Subsection (4) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]The Minister, in the prescribed manner, may withdraw an approval if –(a) a certificate of completion has not been issued by the Council; or(b) the building has not been fitted out in substantial accordance with the plans and specifications or other information on which the approval was based; or(c) the premises have undergone an alteration that affects their compliance with the regulations made for the purposes of this Part; or(d) the building surveyor considers that the premises have undergone an alteration which affects their compliance with the Building Regulations .
120B. Material compliance with regulations
[Section 120B Inserted by No. 54 of 1973, s. 10 ][Section 120B Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ](1) [Section 120B Subsection (1) amended by No. 116 of 1985, s. 9 ]If the Minister is of the opinion that any plant or equipment in premises, not being licensed meat premises within the meaning of the Meat Hygiene Act 1985 , used or proposed to be used for the manufacture, preparation, packing, or storage of food for sale have, or will if fitted-out and installed as proposed have, such characteristics, other than those required by the regulations made for the purposes of this Part, that the object of those regulations will be attained as fully as if they complied, or would if so fitted-out and installed comply, with those regulations, he may issue in respect thereof a certificate (to be called a "certificate of material compliance") as provided in subsection (2) of this section.(2) A certificate of material compliance shall specify both the characteristics required in the regulations and those that the Minister accepts instead of them, and while, or when and while, the premises in respect of which the certificate is issued have the specified characteristics so specified they shall be deemed to have the characteristics so required.
121. Appropriation of penalties
(1) [Section 121 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Notwithstanding section one hundred and forty-three of the Justices Act 1959 , penalties in proceedings under this Part recovered by the Director or any inspector or other officer acting under him shall be paid into the Consolidated Fund.(2) Subject to section one hundred and thirty-nine , all licences and other fees payable under this Part shall be paid to the corporation.
PART VIIIA - Under-age Smoking[Part VIIIA Inserted by No. 49 of 1996, s. 4 ]
[Section 121A Inserted by No. 49 of 1996, s. 4 ]In this Part –approved means approved by the Director;child means a person who has not attained the age of 18 years;licensed premises has the meaning assigned to that expression in section 3 of the Liquor and Accommodation Act 1990 ;nominated officer means –(a) the Director; or(b) a health officer; or(c) a police officer within the meaning of the Police Regulation Act 1898 ; or(d) any other approved person;tobacco product means –(a) tobacco in the form of any cigars or cigarettes; or(b) any other product of which tobacco is an ingredient; or(c) any device designed or intended only for the use of tobacco.
[Section 121B Inserted by No. 49 of 1996, s. 4 ]A child must not smoke or use any tobacco product.
[Section 121C Inserted by No. 49 of 1996, s. 4 ](1) A person must not sell, lend, give or supply or offer to sell, lend, give or supply any tobacco product to, or for the use of, any child.(2) A person who is the holder of a licence under the Tobacco Business Franchise Licences Act 1980 must not permit the sale, loan, gift or supply of any tobacco product to, or for the use of, any child.(3) An employer who is not the holder of a licence under the Tobacco Business Franchise Licences Act 1980 must not permit any employee on or within 100 metres of any premises owned or occupied by the employer to sell, lend, give or supply any tobacco product to, or for the use of, any child.(4) A person who sells any tobacco product must display a notice in the approved form in a conspicuous position in the place where it is sold.(5) In any proceedings for an offence under subsection (1) it is a defence for a person to prove that credible proof of age was provided.(6) A person in charge of any premises which sells or supplies any tobacco product must provide to persons employed at the premises information according to approved guidelines about the sale and supply of tobacco products to children.Penalty: Fine not exceeding 5 penalty units.(7) Subsection (1) does not apply to a person who has taken reasonable steps to prevent the supply of any tobacco product to any child.
[Section 121D Inserted by No. 49 of 1996, s. 4 ](1) The following persons are taken to have supplied any tobacco product to any person:(a) a person apparently responsible for a machine that sells any tobacco product;(b) the owner or lessee of premises at which a machine that sells any tobacco product is situated if the owner or lessee carries on business in the area of the premises in which the machine is situated.(2) A person responsible for a machine which sells any tobacco product must ensure that the machine –(a) is locked or otherwise secured so that a person is unable to obtain the tobacco product from the machine; or(b) is under the supervision of a person who is not a child.Penalty: Fine not exceeding 25 penalty units.(3) A person must not permit a machine that sells any tobacco product to be operated on any premises other than licensed premises.Penalty: Fine not exceeding 25 penalty units.(4) The Director may formulate a code of practice for the use and placement of machines selling any tobacco product.(5) A person must comply with the provisions of a code of practice formulated under subsection (4) .Penalty: Fine not exceeding 25 penalty units.
121E. Seizure of tobacco product
[Section 121E Inserted by No. 49 of 1996, s. 4 ](1) A nominated officer may seize any tobacco product being smoked or used by a child.(2) Any tobacco product seized under subsection (1) is forfeited to the Crown.(3) The Minister may destroy or dispose of any tobacco product forfeited under subsection (2) in any manner that the Minister considers appropriate.
121F. Warnings and information
[Section 121F Inserted by No. 49 of 1996, s. 4 ](1) A nominated officer who reasonably believes that a child has contravened a provision of this Part may –(a) give the child a warning or a caution; and(b) provide the child with approved information.(2) To exercise a power under subsection (1) , a nominated officer, with the approval of a parent or guardian of a child, may require the child to attend a specified place at a specified time as is reasonable in the circumstances.(3) A nominated officer may require a child to give –(a) his or her name and address; and(b) the name and address of his or her parent or guardian.(4) A nominated officer may –(a) notify a parent or guardian of a child of a contravention of this Part by the child; and(b) provide the parent or guardian with approved information.
121G. Offences relating to tobacco products
[Section 121G Inserted by No. 49 of 1996, s. 4 ](1) A person must not –(a) supply, or be in possession of, any confectionery that resembles or is intended to represent any tobacco product; or(b) supply cigarettes to the public –(i) in a package containing less than 20; or(ii) otherwise than in a package; or(c) utilise any marketing device, plan or scheme, other than price discounting, which is dependent on the purchase of any tobacco product.(2) If a person uses price discounting as a marketing device, plan or scheme, that person must not advertise the price discounting.
PART IX - Dangerous goods
[Section 122 Amended by No. 35 of 1966, s. 31 ]In this Part –package has the same meaning as it has in Part VIII ;paint includes –but does not include any substance prescribed as a substance that is not to be treated as paint for the purpose of this Part;(a) any substance used, or intended to be used, for application to any surface for the purpose of colouring that surface or for protecting it, or its substance, from dampness or deterioration; and(b) any prescribed substance, being a substance that the Governor is satisfied is commonly used as a constituent of paint –sale has the same meaning as it has in Part VIII .
123. Prohibition of white lead in paint
[Section 123 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 123 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 123 Subsection (2) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 123 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 123 Subsection (3) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 123 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 123 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person who manufactures paint containing basic carbonate of lead is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.(2) [Section 123 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who sells paint containing basic carbonate of lead is guilty of an offence.Penalty: Fine not exceeding 30 penalty units.(3) [Section 123 Subsection (3) amended by No. 55 of 1965, s. 5 ]A person who knowingly uses paint containing basic carbonate of lead is guilty of an offence.Penalty: Fine not exceeding 10 penalty units.(4) Subsections (2) and (3) of this section do not apply to paint manufactured in or brought into this State before the commencement of this Act.
124. Labelling of paint for sale
[Section 124 Substituted by No. 35 of 1966, s. 32 ][Section 124 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 124 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ]Where a package of paint for sale is required by regulations under this Act to bear or have attached to it a prescribed label, no person shall sell that paint otherwise than in a package that bears, or has attached to it, that prescribed label.Penalty: Fine not exceeding 10 penalty units.(2) It is a defence in any proceedings for an offence under this Act in relation to a package of paint to show that –(a) that package of paint was brought into the State before the relevant date, and its sale on the date on which it was brought or last brought into the State would not have constituted a contravention of any provision of this Part; or(b) the paint was, in this State, placed in that package before the relevant date and its sale in that package on the date it was placed therein would not have constituted a contravention of any provision of this Part.(3) In subsection (2) of this section the relevant date means the date of the commencement of section thirty-two of the Public Health Act 1966 .
125. Prohibition of use of certain paints on buildings, articles, &c.
[Section 125 Substituted by No. 35 of 1966, s. 32 ][Section 125 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 125 Amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 125 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]Where, by regulations under this Act, the use of any kind of paint is prohibited on any building or structure or any part of a building or structure, or on any article or thing –[Section 126 Repealed by No. 35 of 1966, s. 32 ]. . . . . . . .(a) no person shall use or put that paint on that building, structure, article, or thing contrary to those regulations; and(b) no person shall manufacture or sell any article or thing in or on which there is any paint, the use of which on that article or thing is prohibited by the regulations.Penalty: For an offence under paragraph (a) of this section, fine not exceeding 3 penalty units; and for an offence under paragraph (b) of this section, fine not exceeding 10 penalty units.
127. Removal of prohibited paint
[Section 127 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) Upon proof to the satisfaction of the Minister that paint has been used or put on any building, structure, or furniture contrary to section one hundred and twenty-five , the Minister may, by order, require the occupier, or where there is no occupier the owner, of the building or structure or of the building containing the furniture, as the case may be, to clean down and remove the paint within a time to be stated in the order.(2) [Section 127 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who fails to comply with an order under this section is guilty of an offence and is liable to a fine not exceeding 5 penalty units and, if his default continues for more than fourteen days after conviction thereof, to a daily fine not exceeding 0·2 penalty unit.
PART IXA - . . . . . . . .[Part IXA Repealed by No. 35 of 1973, s. 19 ][Section 128 Repealed by No. 35 of 1966, s. 33 ]. . . . . . . . [Section 128A Repealed by No. 35 of 1973, s. 19 ]. . . . . . . . [Section 128B Repealed by No. 35 of 1973, s. 19 ]. . . . . . . . [Section 128C Repealed by No. 35 of 1973, s. 19 ]. . . . . . . . [Section 128D Repealed by No. 35 of 1973, s. 19 ]. . . . . . . .
PART X - Offences and legal proceedings
129. Procedure on default of municipality
(1) [Section 129 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where complaint is made to the Minister, either by a health officer or by a ratepayer of the district of the municipality the default of which is the subject of the complaint, that a municipality has made default in enforcing or carrying out or complying with any provision of –that it is the municipality's duty to enforce, carry out, or comply with, the Minister, if satisfied after due inquiry that the municipality has been guilty of the alleged default, shall make an order limiting a time for the performance of the duty of the municipality in the matter of the complaint.(a) this Act;(b) Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; or(c) any recommendation, requirement, or order of the Minister –(2) If the duty is not performed within the time limited in the order, the performance of the duty may be enforced by writ of mandamus, or the Minister may appoint some person to perform the duty, and shall order that the expenses of performing it, together with a reasonable remuneration to the person appointed for superintending the performance and amounting to a sum specified in the order, together with the costs of the proceedings, be paid out of its municipal fund by the defaulting municipality.(3) An appeal lies to the Supreme Court –(a) from an order under subsection (1) of this section, on the ground that the municipality is under no duty in the matter;(b) from an appointment under subsection (2) of this section, on the ground that the municipality was not in default when the appointment was made; and(c) from an order under subsection (2) of this section, on the ground that the amount ordered to be paid is excessive.(4) The jurisdiction conferred by subsection (3) of this section shall not be exercised in chambers.(5) An order under subsection (2) of this section may be filed in the Supreme Court and enforced as if it were an order of the Court.(6) A person who is appointed under this section to perform the duty of a defaulting municipality is, in the performance and for the purposes of that duty, invested with all the powers of that municipality.(7) A report of a health officer shall be deemed to be a complaint within the meaning of this section.
[Section 130 Amended by No. 55 of 1965, s. 5 ][Section 130 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 130 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]If in the performance of a duty that is imposed on him by or under this Act the owner of any premises is in any way obstructed or hindered by the occupier, or the occupier by the owner, the one who obstructs or hinders the other is guilty of an offence.Penalty: Fine not exceeding 3 penalty units for each day during which the offence continues.
131. Name of owner or occupier to be disclosed
[Section 131 Amended by No. 55 of 1965, s. 5 ][Section 131 Amended by No. 54 of 1973, s. 11 and s. 14 and Sched. 1 ][Section 131 Amended by No. 100 of 1984, s. 16 ][Section 131 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]If, when requested by the Minister, a health officer, a municipal medical officer of health, or a municipal health surveyor so to do –the person so making default is guilty of an offence and is liable to a penalty of fine not exceeding 3 penalty units.(a) the owner of any premises makes default in truly and fully disclosing the name of the occupier; or(b) the occupier makes default in truly and fully disclosing the name of the owner –
132. Obstruction of Minister or officers an offence
[Section 132 Subsection (1) amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 132 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 132 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall in any way, directly or indirectly, obstruct or hinder –in the exercise of any of his functions, powers, or duties under this Act.(a) the Minister;(b) the Director;(c) a health officer;(d) an inspector or authorized person under Part VIII ; or(e) a medical officer of health or other officer of a municipality –Penalty: Fine not exceeding 10 penalty units with a daily fine not exceeding 2 penalty units.(2) A person commits an offence against this Act if he fails to do any act directed to be done, or does any act forbidden to be done, by this Act, or by any proclamation, regulation, notice, or order under this Act.
In a complaint for a contravention of this Act, an averment that a person is, or at the relevant time was, the owner or the occupier of specified premises is, at the hearing of the complaint, prima facie evidence of the fact so averred.
[Section 134 Amended by No. 55 of 1965, s. 5 ][Section 134 Amended by No. 54 of 1973, s. 14 and Sched. 1 ][Section 134 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]If a person commits an offence against this Act for which no penalty is provided elsewhere in this Act, he is liable to a penalty of fine not exceeding 5 penalty units, and in the case of a continuing offence to a daily fine not exceeding 5 penalty units.
134A. Power of Governor to make regulations altering amounts in relation to penalties in Act
[Section 134A Inserted by No. 100 of 1984, s. 17 ](1) Where in this Act there is a reference to an amount in relation to a penalty for a contravention of, or failure to comply with, a provision of this Act, the Governor may make regulations amending that amount by substituting for it the amount specified in the regulations.(2) In subsection (1) , this Act does not include the regulations made under this Act.
(1) All expenses incurred by the Minister on behalf of a municipality, or for which a municipality is liable under this Act, are recoverable as a debt due to the Crown.(2) Without affecting any other mode of recovering any expenses to which subsection (1) of this section relates, they may, on the warrant of the Minister, be deducted and retained out of any moneys that are at any time payable by the Treasurer to the municipality by way of a subsidy or otherwise.(3) All expenses incurred by or on behalf of the Minister in connection with the disinfection or destruction of any goods in consequence of the presence of infectious disease on a ship, or the replacing of any goods so destroyed shall be borne by the owners of the ship, and may be recovered as a debt due to the Crown.(4) Where by or under this Act any work is authorized or directed to be done at the expense of a person, or the owner or occupier of any premises is made liable for the expenses of doing any work, those expenses are recoverable as a debt.
136. Notices and orders to owners or occupiers
(1) [Section 136 Subsection (1) amended by No. 54 of 1973, s. 12 ]Where any notice or order is required to be given under this Act to an owner or occupier –(a) the notice or order shall be in the prescribed form, or, if no form or no sufficient form is prescribed, in such form as the officer by whom it is issued thinks fit; or(b) a notice or order to the owner or occupier of any premises may be served –(i) by delivering it to the owner or occupier, as the case may be, personally, or at his place of business or abode, if any, in the district, or to any person appearing to be employed therein, or an inmate thereof; or(ii) by posting it as certified mail, addressed to the owner or occupier, as the case may be, at his last known place of business or abode, if any, in the district, or at the premises to which the notice, order, or requisition relates;(c) it is sufficient if the owner or occupier is described by his usual name or style, or, in the case of a firm, by the usual name or style of the firm;(d) if there are more owners or occupiers respectively than one, it is sufficient if the notice or order is served on any one of them and the name of any one of them is specified, with the addition of the words "and others";(e) non-service on the owner does not affect the validity of service on the occupier, and non-service on the occupier does not affect the validity of service on the owner;(f) if the name of the owner or occupier is not known, it is sufficient if he is described generally as "owner" or "occupier" of the premises to which the notice or order relates;(g) in all proceedings against the owner or occupier in which the notice or order has to be proved, the defendant shall be deemed to have received notice to produce it; and, until the contrary is shown, the notice or order and its due service may be sufficiently proved by or on behalf of the plaintiff or complainant by the production of what purports to be a copy, bearing what purports to be a certificate under the hand of the officer authorized to issue the original that the copy is a true copy of the original, and that the original was served on the date specified in the certificate; and(h) the validity of the notice or order, or of the service thereof, is not affected by any error, misdescription, or irregularity that is not calculated to mislead or which, in fact, does not mislead.(2) All notices or orders required by or under this Act to be served on an owner or occupier are, if due service thereof has been once made on any owner or occupier, binding on all persons claiming by, from, or under that owner or occupier to the same extent as if the order or notice had been served on those last-mentioned persons respectively.
137. Liability of owner and occupier under notice or order
(1) Where, under this Act, or by an order under this Act, the owner and occupier of any premises are –their rights and obligations, as between one another, are subject to the provisions set forth in subsection (2) of this section.(a) jointly and severally liable to carry out any work;(b) severally liable to a penalty for any default in connection with any such work; or(c) jointly and severally liable for any expenses incurred by or on behalf of the Minister, or a municipality, in connection with any such work –(2) For the purposes of subsection (1) of this section –(a) the owner who does or pays for the work, or pays the penalty or expenses, is entitled to recover from the occupier as a debt the cost of the work so done or the amount so paid, if he satisfies the court in which he seeks to recover the debt that the work was rendered necessary through no fault of his own, or of any person for whose acts or defaults he was responsible, but solely through the fault of the occupier or some person for whose acts or defaults the occupier was responsible;(b) the occupier who does or pays for the work, or pays the penalty or expenses, is entitled to recover from the owner as a debt that cost of the work so done or the amount so paid, if he satisfies the court in which he seeks to recover the debt that the work was rendered necessary through no fault of his own, or of any person for whose acts or defaults he was responsible, but solely through the fault of the owner or some person for whose acts or defaults the owner was responsible;(c) the amount of the debt recoverable under this section by the occupier may be set off against rent due or to accrue due by him to the owner;(d) in determining the rights and obligations of the owner and occupier under this section, regard shall be had to the conditions or covenants of any written instrument; and(e) except as provided by paragraph (d) of this subsection, the rights and obligations of the owner and occupier under this section are not affected by any agreement between the parties.(3) A condition or covenant to indemnify the owner against his obligation under this section is void.
138. Provisions as to charge on land
(1) [Section 138 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where by or under this Act expenses are declared to be a charge on land they are subject to Part 9 of the Local Government Act 1993 .(2) [Section 138 Subsection (2) amended by No. 46 of 1991, s. 4 and Sched. 2 ]For the purposes of this section, where expenses charged on land are payable into the Consolidated Fund the Minister may exercise, on behalf of the Crown, all the powers of the corporation.
[Section 139 Substituted by No. 46 of 1991, s. 5 and Sched. 3 ]All fees and expenses received by virtue of this Act by or on behalf of the Minister or an employee, within the meaning of the Tasmanian State Service Act 1984 , acting under his or her control shall be paid into the Consolidated Fund.
140. Protection of municipality and its officers from personal liability
(1) No matter or thing done, and no contract entered into, by a municipality, and no matter or thing done by any member of its council, or by any officer, or other person acting under the direction of a municipality, if the matter or thing is done, or the contract is entered into in good faith for the purpose of executing this Act, subjects them or any of them personally to any action, liability, claim, or demand.(2) Any expense incurred by a person mentioned in this section shall be borne by the corporation and paid out of the fund or rate applicable to the general purposes of this Act.
140A. General protection from liability
[Section 140A Inserted by No. 46 of 1983, s. 7 ](1) Subject to subsection (2) , any matter or thing done, or omitted to be done, in good faith by a person (other than a person referred to in section 140 ) for the purpose or purported purpose of –shall not subject him personally to any action, liability, claim, or demand.(a) the exercise by him of –(i) the powers, authorities, or discretions conferred on him by or under this Act (other than any power, authority, or discretion under Part IV ); or(ii) the powers or discretions the exercise of which he may delegate under section 6 (other than a power or discretion conferred on him by or under this Act or a power the exercise of which is delegated to him under that section); or(b) the performance by him of –(i) the functions or duties imposed on him by or under this Act (other than a function or duty under Part IV ); or(ii) the functions the performance of which he may delegate under section 6 (other than a function imposed on him by or under this Act or a function the performance of which is delegated to him under that section) –(2) Subsection (1) does not preclude the Crown from being subject to any action, liability, claim, or demand to which the Crown would, but for that subsection, have been subject.
141. Appeal against certain reports and recommendations of the Director
(1) [Section 141 Subsection (1) amended by No. 72 of 1974, s. 3 ]Any person aggrieved by a report or recommendation of the Minister under section seventy-one , or section seventy-two , or section seventy-three or by an order of the Minister under section 118A may appeal therefrom to a judge, who may hear and determine the appeal, and may vary the report, recommendation, or order or rescind it and make a fresh report, recommendation, or order.(2) [Section 141 Subsection (2) amended by No. 72 of 1974, s. 3 ]A judge in chambers may order that a report shall not be published, or that a recommendation shall not be acted on, or that an order be of no effect, pending an appeal against it.(3) A judge may hear an appeal under this section in public or in chambers.(4) The Governor may make regulations prescribing in what cases and to whom notice shall be given of a report or recommendation referred to in this section and regulating appeals under this section.
PART XI - Regulations
[Section 142 Subsection (4) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 142 Amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 142 Amended by No. 14 of 1995, s. 3 and Sched. 1 ][Section 142 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 142 Subsection (9) amended by No. 100 of 1984, s. 18 and s. 19 and Sched. 1 ][Section 142 Subsection (9) amended by No. 116 of 1985, s. 10 ][Section 142 Subsection (9) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 142 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 142 Inserted by No. 46 of 1977, s. 2 ][Section 142 Subsection (10B) amended by No. 100 of 1995, s. 97 and Sched. 7 ][Section 142 Subsection (10B) amended by No. 81 of 1995, s. 80 and Sched. 4 ][Section 142 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) The Governor may make regulations for the purposes of this Act.(1A) [Section 142 Subsection (1A) inserted by No. 35 of 1966, s. 34 ]The regulations may, in relation to a notifiable disease, require –and may provide for the payment of fees to persons giving any such notifications.(a) the giving of notification by a medical practitioner where he has reason to believe that a person attended by him is suffering from that disease;(b) the giving of notification by a medical practitioner superintending or in charge of any hospital or other institution where he has reason to believe, or is informed that there is reason to believe, that a patient in that hospital or other institution is suffering from that disease; and(c) the giving, where a test is carried out in a laboratory, hospital, or other institution, that indicates that any person is suffering from that disease, of notification of the result of that test by the person carrying it out or by the person in charge of, or superintending, the laboratory, hospital, or other institution in which the test is carried out –(2) The regulations may prescribe –(a) the conditions under which a certificate of cure of, or freedom from, venereal disease, or of having ceased to be liable to convey infection, may be granted, and the persons or classes of persons to whom such a certificate may or may not be granted, and prohibiting the use thereof, for the purposes of, or in connection with, prostitution;(b) the persons or the classes of persons who are eligible to receive free treatment for venereal disease at a hospital maintained by or receiving aid from the State;(c) the management of a hospital, dispensary, or place provided by the Minister for the reception, accommodation, examination, or treatment of persons pursuant to Part IV ;(d) what medical officers of hospitals or other prescribed places shall have charge of cases of venereal disease treated thereat, and to or by whom notices required by Part IV shall be given;(e) the remuneration of medical practitioners for the free examination or free treatment of persons pursuant to Part IV ;(f) the fees payable for clinical, chemical, bacteriological, and other examinations and investigations pursuant to Part IV ;(g) hospitals or places where persons suffering from a venereal disease may be detained for treatment;(h) returns to be made by medical practitioners with respect to the number of cases of venereal disease attended or treated by them and the number of those cases cured;(i) the preventive measures against the spread of infection to be adopted by persons who are suffering from a venereal disease, and by persons attending or having the care or charge of those persons who are suffering therefrom; and(j) generally, all such matters and things as are required or permitted to be prescribed, or are necessary or convenient to be prescribed, for carrying out, or giving effect to, the provisions of Part IV .(2A) [Section 142 Subsection (2A) inserted by No. 4 of 1989, s. 4 ]The regulations may prescribe measures to be taken for the prevention or checking of Legionnaires Disease.(2B) [Section 142 Subsection (2B) inserted by No. 4 of 1989, s. 4 ]Regulations made for the purposes of subsection (2A) may incorporate or adopt, either specifically or by reference, and either wholly or in part, any of the standard codes, rules, or specifications of Standards Australia or any similar body or any other body producing standards in respect of the prevention or checking of Legionnaires Disease, either as in force on a particular date, or as amended and in force from time to time and with or without modifications.(3) [Section 142 Subsection (3) amended by No. 35 of 1966, s. 34 ]The regulations may provide for, prescribe, and regulate –(a) courses of instruction –and for examinations to be held, and for the granting and issuing of certificates of knowledge or merit and of medals to candidates passing those examinations;(i) in hygiene generally; and(ii) in subjects concerning health and welfare, and in particular the nurture, care, and feeding of infants –(b) the method and conduct of examinations, and the remuneration, if any, payable to instructors, lecturers, and examiners;(c) the fees that shall be paid under this subsection;(d) the appointment by the Minister of instructors, lecturers, and examiners; and(e) the places where, and the times when, any examinations shall be held.(4) [Section 142 Subsection (4) amended by No. 35 of 1966, s. 34 ]The regulations may prescribe –(a) the manner in which, and the conditions under which, applications may be made for the approval of the use and operation of public buildings, or other buildings, or any alterations to the use or operation, the fees to be paid in respect of any such approval in each case respectively, and the forms of application and approval to be used in connection therewith;(b) the notification to the Director by prescribed persons, in the prescribed manner and at prescribed times, of the death of any person dying as the result of pregnancy, or of childbirth, or as the result of any complications arising from, or following upon, pregnancy or childbirth;(c) conditions regulating the repair of garments that are dirty;(d) the measures that shall be taken for the prevention of pollution of any water used for bathing purposes and for the purification, where required, of water that is so used; and(e) the disinfection of, and the prevention of nuisances or injury to health from, rags or other materials used or stored in marine stores, or flock, bedding, or furniture manufactories;(f) . . . . . . . .(5) The regulations may prescribe conditions and restrictions that may appear to be desirable in the interests of public health or public safety with respect to –(a) the means of disposal of dead bodies otherwise than by burial or cremation;(b) the period for which a body may be retained after death on any premises; and(c) the embalming or preservation of dead bodies.(6) [Section 142 Subsection (6) amended by No. 96 of 1993, s. 252 and Sched. 1 ]The regulations may –(a) prescribe and regulate the methods of, and materials to be used in, the operation of premises that are used for or in connection with dangerous occupations and provide for the cleanliness of premises that are so used;(b) prescribe the precautions to be taken for the prevention of nuisances from, or danger to the health of persons who are employed or engaged in, dangerous occupations or of danger to the public health arising from dangerous occupations;(c) regulate the conditions under which dangerous occupations may be carried on, and require and regulate the registration of premises that are used for or in connection with dangerous occupations or any class thereof; and(d) require and regulate the notification to the Director of specified illnesses suffered by persons who are employed or engaged in dangerous occupations or any class thereof.(7) In subsection (6) of this section –dangerous occupation means any trade, process, occupation, or calling that is prescribed as a dangerous occupation for the purposes of that subsection, and includes the handling or use by any person of any dangerous substance;dangerous substance means a substance that is prescribed as a dangerous substance for the purposes of that subsection.(7A) [Section 142 Subsection (7A) inserted by No. 35 of 1966, s. 34 ]The regulations may prescribe any substance to be a dangerous substance for the purpose of this subsection, and may –and, for the purposes of this subsection, sale has the same meaning as it has for the purposes of Part VIII .(a) prescribe the precautions to be observed in the handling and use of that substance;(b) regulate the sale of that substance; and(c) prohibit or regulate the manufacture or sale of any article specified in the regulations if that article has on it, or consists of or contains, or any part of it consists of, that substance –(7B) [Section 142 Subsection (7B) inserted by No. 35 of 1966, s. 34 ]Regulations made for the purposes of paragraph (a) or paragraph (b) of subsection (7A) of this section do not apply to –(a) . . . . . . . .(b) any substance that is an explosive within the meaning of the Dangerous Goods Act 1976 ;(c) any dangerous goods or inflammable liquid within the meaning of the Dangerous Goods Act 1976 ;(d) any poison or other substance to which any provisions of the Poisons Act 1971 relate; or(e) any radioactive material within the meaning of the Radiation Control Act 1977 –and regulations made for the purposes of paragraph (a) of that subsection do not apply to the handling or use of any substance in or at –(f) any workplace within the meaning of the Workplace Health and Safety Act 1995 ;(g) any place within the jurisdiction of a marine board or harbour trust.(h) . . . . . . . .(7C) [Section 142 Subsection (7C) inserted by No. 19 of 1993, s. 6 ]The regulations may prescribe all matters and things that are necessary or convenient for the purpose of carrying out and giving effect to Part IVA .(8) [Section 142 Subsection (8) substituted by No. 54 of 1973, s. 13 ]Regulations for the purposes of Part V may –(a) prescribe –(i) the conditions that shall be complied with by or in respect of any land used as a place of assembly within the meaning of that Part in respect of –(A) ventilation;(B) sanitation;(C) the well-being of persons in the place and its neighbourhood; and(D) the sale of articles of food; and(ii) the conduct of such places of assembly with respect to the use and maintenance of anything required under sub-paragraph (i) of this paragraph;(b) as conditions for the purposes of sub-paragraph (i) of paragraph (a) of this subsection, require compliance with specified provisions of the Building Regulations ;(c) put any matter or thing that might otherwise be prescribed under paragraph (a) of this subsection in the discretion of the Minister or a health officer; and(d) empower the Minister or a health officer to give directions about any such matter or thing and provide a penalty for failure to comply with such a direction.(8A) [Section 142 Subsection (8A) inserted by No. 17 of 1989, s. 9 ]Regulations for the purposes of Part VII may be made for or with respect to –(a) the method of making analyses and tests of samples of water for the purposes of that Part and the times or intervals when those analyses and tests are required to be made; and(b) the keeping of records of analyses and tests made for the purposes of that Part.(9) [Section 142 Subsection (9) amended by No. 35 of 1966, s. 34 ]Regulations for the purposes of Part VIII may –(a) prescribe standards for the composition, strength, purity, or quality of any food or drug, or for the nature or proportion of any substance which may be mixed with or used in the preparation or preservation thereof, or prohibiting the addition of any substance to any article of food;(ab) prohibit or regulate the use for food of the carcase of an immature animal, or any part of such a carcase, and prescribe the cases in which, for the purposes of this paragraph, an animal is to be treated as an immature animal or a carcase is to be treated as the carcase of an immature animal;(b) prohibit in the manufacture, preparation, storing, preservation, packing, conducting by tubes, pipes, pumps, and their connections, or otherwise, or in the delivering of any article of food for sale the use of appliances containing any specified substance and any substance in or exceeding any specified proportion, and prohibit the sale of any such appliances;(c) prohibit specified modes of manufacture and of preparation or preservation of articles of food and regulate the method of manufacture, preparation, or storage of specified foods and drugs, and provide for the licensing of manufacturers and other persons in relation to specified foods or drugs;(ca) prohibit the sale of food generally, or food of a specified kind, class, or description, containing a micro-organism of a specified kind or containing a micro-organism of any specified kind in excess of a specified number in a specified quantity;(cb) require laboratory and testing facilities to be provided at premises where any food is prepared for sale, prescribe procedures and facilities to be used for the testing and examination of any such food, and require the notification of the results of any such test and examination;(d) prescribe the methods and precautions to be adopted for the purpose of the protection of foods and drugs from contamination or deterioration, including the conditions of manufacture, preparation, storage, packing, sale, delivery, and carriage of foods and drugs, the construction of vehicles and the equipment of premises and vehicles in which foods or drugs are manufactured, sold, packed, kept, or transported, and the facilities to be provided in those premises for securing cleanliness;(e) prescribe the provisions for securing cleanliness and freedom from contamination to be complied with in respect of shops, hotels, boarding and lodging houses, restaurants, and all places where food is sold or meals are provided;(ea) regulate the sale in any premises where meat is sold of any article that is not an article of food;(f) regulate or prohibit the sale of articles of food from, or by means of, automatic or mechanical devices, and provide for –for the purpose of selling articles of food to the public;(i) registration of any such devices used; and(ii) licensing the owners of, and other persons using, any such devices –(fa) require notices containing specified words, or words having the same or a similar effect, or specified pictorial representations and designs to be affixed to vehicles used in the selling, preparing, packing, storing, handling, serving, supplying, or conveying for sale of food, or food of a specified kind, class, or description or prohibit the use in any such notices of specified words, words having the same or a similar effect, or specified pictorial representations and designs;(g) regulate and provide for the analysis of any drug or article;(h) exempt any food, or any package of food, of any specified kind, class, or description from any provision of Part VIII or of the regulations relating to labelling;(ha) prohibit any mode of packing food;(i) prohibit the use of specified substances or methods in the catching, feeding, or drugging of animals shortly before death, where the animals are intended for sale for the food of man;(j) prescribe what substances and what quantities thereof added to any article of food or drug shall render the article of food or drug injurious to health within the meaning of Part VIII ;(k) prohibit the sale and provide for the recalling, destruction, or denaturation of any food which is damaged, deteriorated, impoverished, contaminated, or perished, or otherwise injurious to health within the meaning of Part VIII or not in accordance with the regulations made under or for the purposes of that Part and specify circumstances in which any such food shall be destroyed or denatured;(l) provide for the publication of reports of analyses of foods and drugs made by the Government Analyst, together with the names and addresses of the dealers and the prices at which those articles were sold;(m) prescribe the mode of labelling food generally or food of a specified kind, class, or description or packages of food generally or food of a specified kind, class, or description, the forms or kinds of labels, the matter to be contained in labels (including specified words, statements, expressions, pictorial representations or designs of any specified kind), the size, style, or colour of any such matter or the nature or colour of the background on which it appears, or prohibit in labels the use of specified words, or words having the same or similar effect, or representations or designs of a similar nature;(n) prohibit the use, in labels attached to articles of food or drugs, of false or misleading claims, statements, words, or devices as to the contents of packages or the ingredients, composition, strength, quality, or medicinal or food values of articles of food or drugs, and regulate and control the contents of labels or advertisements relating to drugs and medicines, and prohibit the use in the labels or advertisements of words, statements, or claims indicating or suggesting that the drugs or medicines may be used as remedies for specified diseases;(na) require advertisements relating to food or to food of a specified kind, class, or description to contain specified words, or specified pictorial representations or designs, or prohibit in advertisements the use of specified words, or words having the same or a similar effect, or representations or designs of a similar nature;(nb) prescribe the minimum size of, and the packing required for, an article other than food which is included in a package of food;(nc) require that where any food, or any food of a particular kind, class, or description which is not contained in a package is displayed for sale, it shall be displayed in conjunction with a notice or labels bearing the information required by or under this Act;(o) . . . . . . . .(p) . . . . . . . .(q) require the proprietor, manager, or person in charge of any premises where any food or drug is manufactured, prepared, stored, sold, or deposited for sale, to display conspicuously therein a copy of such regulations made under this Act as may be directed by an inspector;(r) fix rates for payment for samples of food or drugs taken or obtained under this Act, and for payment of analysts; and(s) . . . . . . . .(t) prescribe methods of testing and analysing drugs and articles according to the method set forth in any code or manual, issued or published by a prescribed society or body, or by reference to any other publication available by purchase or loan in this State.(9A) [Section 142 Subsection (9A) inserted by No. 35 of 1966, s. 34 ]The regulations may –and any regulations made for the purposes of this subsection may make different provision with respect to different vehicles and different kinds of food and drugs and may apply only in relation to prescribed municipalities or parts of the State.(a) provide for the registration of vehicles used for the carriage of any food or drug within the meaning of Part VIII ;(b) provide for the refusal, suspension, or cancellation of any such registration in such circumstances as may be prescribed;(c) prohibit the use of a vehicle for the carriage of any food or drug for hire or reward or in course of a trade or business unless it is registered under the regulations; and(d) exempt any vehicle registered under this section from the requirements of any by-law made under the Local Government Act 1993 –(9B) [Section 142 Subsection (9B) omitted by No. 116 of 1985, s. 10 ]. . . . . . . .(9BA) [Section 142 Subsection (9BA) inserted by No. 100 of 1984, s. 18 ]Regulations made under this section for the purposes of Part VIII may authorize the Minister to exempt from the operation of the regulations, either wholly or to a prescribed extent, and unconditionally or subject to such conditions as the Minister may determine –(a) any particular premises or place, any premises or place of a specified kind, class, or description, or any premises or place used for a specified purpose, or in specified circumstances; and(b) any food, package of food, or other specified thing of a specified kind, class, or description, or any food, package of food, or specified thing sold or used for a specified purpose, or in specified circumstances.(9BB) [Section 142 Subsection (9BB) inserted by No. 100 of 1984, s. 18 ]Regulations made under this section for the purposes of Part VIII may –(a) be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified; and(b) adopt, either wholly or in part, and either specifically or by reference and with or without modification, any of the regulations, standards, rules, codes, recommendations, specifications, methods, or drawings prescribed, published, or issued by any authority or body specified in the regulations, whether the regulation, standard, rule, code, recommendation, specification, method, or drawing is prescribed, published, or issued before or after the commencement of section 18 of the Public Health Amendment Act 1984 .(9BC) [Section 142 Subsection (9BC) inserted by No. 100 of 1984, s. 18 ]A reference in subsection (9BB) (b) to a regulation, standard, rule, code, recommendation, specification, method, or drawing includes a reference to an addition to, or amendment of, that regulation, standard, rule, code, recommendation, specification, method, or drawing, whether the addition or amendment is prescribed, published, or issued before or after the commencement of section 18 of the Public Health Amendment Act 1984 .(9C) [Section 142 Subsection (9C) inserted by No. 35 of 1966, s. 34 ]Regulations for the purposes of Part IX may, in relation to any paint, or any type or description of paint, or any paint containing, or having as one of its constituents, any specified substance or constituent, or any specified substance or constituent in any specified quantity or proportion –(a) prescribe the form and contents of the label of any package containing that paint; and(b) prohibit the use of the paint on any building or structure, or on any part of a building or structure, or on any article or thing.(9D) [Section 142 Subsection (9D) inserted by No. 35 of 1966, s. 34 ]The regulations referred to in subsection (9C) of this section may, without prejudice to the generality of the provisions thereof –(a) prescribe the colour and size of the letters, characters, and other markings on the label; and(b) prescribe that the label is to contain –(i) particulars with regard to the trade name or description of the paint, and the name and address of the manufacturer or seller of the paint;(ii) particulars with regard to the composition of the paint or with regard to any constituent thereof; and(iii) information, directions, or warnings with regard to the nature or use of the paint.(10) [Section 142 Subsection (10) omitted by No. 37 of 1970, s. 3 ]Regulations may be made with respect to the carrying on of the business of any establishment where tattooing, ear piercing, acupuncture, or any process involving the cutting or piercing of the skin of any person is performed.(10A) [Section 142 Subsection (10A) inserted by No. 46 of 1977, s. 2 ]Without prejudice to the generality of subsection 10 , regulations under that subsection with respect to the business carried on at any establishment referred to in that subsection may provide for or with respect to –(a) the registration and renewal of registration of that establishment and the prescribing of fees in relation thereto;(b) the suspension and cancellation of registration;(c) the condition of that establishment;(d) the cleansing and disinfecting of all appliances, instruments, tools of trade, and things used in that establishment;(e) the prevention of infectious diseases or infections from the use of the appliances, instruments, tools, or things referred to in paragraph (d) ;(f) minimum standards in relation to the structure, floor area, ventilation, and sanitation in that establishment;(g) the inspection of that establishment; or(h) generally, safeguarding the health of customers and persons employed in that establishment.(10B) [Section 142 Subsection (10B) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 142 Subsection (10B) amended by No. 100 of 1995, Sched. 7 ] Subsection (10) does not apply to any process carried out or treatment given by a legally-qualified medical practitioner or a certified dentist or by any person who is registered under the Nursing Act 1995 , the Podiatrists Registration Act 1995 , or the Physiotherapists' Registration Act 1951 .(11) [Section 142 Subsection (11) substituted by No. 100 of 1984, s. 18 ]The regulations may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence –(a) in relation to any of the regulations for the purposes of Part VIII , for the imposition of a fine not exceeding 30 penalty units; or(b) in relation to any of the other regulations under his Act, for the imposition of a fine not exceeding 3 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·3 penalty unit for each day during which the offence continues.
SCHEDULE 1 - Repeals
Year and number of Act. | Title of Act. | 1 Geo. V No. 22 | Food and Drugs Act 1910 | 26 Geo. V No. 43 | Public Health Act 1935 | No. 24 of 1962 | Public Health Act 1962 |
SCHEDULE 2[Schedule 2 Repealed by No. 35 of 1966, s. 35 ]