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