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This is a Bill, not an Act. For current law, see the Acts databases.


PUBLIC HEALTH (CONSEQUENTIAL PROVISIONS) BILL 2014

                   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

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      15.     Section 203 amended                                    9
              Subdivision 2 -- Part VIIA Divisions 5, 6 and 7
                    amended
      16.     Section 225 amended                                   10
      17.     Section 226 amended                                   10
      18.     Section 227 amended                                   11
      19.     Section 228 amended                                   11
      20.     Section 234 amended                                   12
      21.     Section 235 amended                                   13
      22.     Section 237 amended                                   13
      23.     Section 238 amended                                   13
      24.     Section 242 amended                                   13
      25.     Section 243 amended                                   14
      26.     Section 244 amended                                   14
              Subdivision 3 -- Part VIIA Division 8 amended
      27.     Section 246B amended                                  14
      28.     Section 246BA amended                                 15
      29.     Section 246C amended                                  15
              Subdivision 4 -- Part VIIA Division 9 amended
      30.     Section 246D amended                                  15
              Division 7 -- Part VIIIA amended
      31.     Section 247AA inserted                                16
              247AA.   Terms used                              16
      32.     Section 247A amended                                  16
      33.     Section 247BA inserted                                17
              247BA.   Term of office and vacation of office   17
      34.     Section 247B amended                                  19
      35.     Section 247D amended                                  20
              Division 8 -- Part XIII amended
      36.     Section 335 amended                                   21
      37.     Section 336 amended                                   22
      38.     Section 336A amended                                  23
      39.     Section 336B amended                                  24
      40.     Sections 338 to 338C deleted                          25
              Division 9 -- Parts XIIIA to XIIIC amended
              Subdivision 1 -- Part XIIIA amended
      41.     Section 340A amended                                  25
      42.     Section 340B amended                                  26
      43.     Section 340C amended                                  27


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44.   Section 340D amended                                          27
45.   Section 340E amended                                          28
46.   Section 340F replaced                                         28
      340F.     When office of member becomes vacant         28
47.   Section 340G amended                                          30
48.   Section 340H replaced                                         31
      340H.     Meetings and procedure of Committee          31
49.   Section 340I amended                                          32
50.   Section 340K replaced                                         32
      340K.     Functions of Committee                       32
      340LA.    Further provisions relating to proceedings
                of Committee                                 33
      340LB.    Contents of notification confidential        34
51.   Section 340L amended                                          34
52.   Section 340M amended                                          35
53.   Section 340N deleted                                          35
      Subdivision 2 -- Part XIIIB amended
54.   Section 340AA amended                                         35
55.   Section 340AB amended                                         36
56.   Section 340AC amended                                         37
57.   Section 340AD amended                                         38
58.   Section 340AE amended                                         38
59.   Section 340AF replaced                                        39
      340AF.    When office of member becomes vacant         39
60.   Section 340AG amended                                         40
61.   Section 340AH replaced                                        41
      340AH.    Meetings and procedure of Committee          41
62.   Section 340AI amended                                         42
63.   Section 340AJ amended                                         42
64.   Section 340AK replaced                                        43
      340AK. Functions of Committee                          43
      340ALA. Further provisions relating to proceedings
               of Committee                                  44
      340ALB. Contents of notification confidential          45
65.   Section 340AL amended                                         45
66.   Section 340AM amended                                         47
67.   Section 340AN deleted                                         47
      Subdivision 3 -- Part XIIIC amended
68.   Section 340BA amended                                         47
69.   Section 340BB amended                                         48
70.   Section 340BC amended                                         49
71.   Section 340BD amended                                         49


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      72.     Section 340BE amended                                      50
      73.     Section 340BF replaced                                     51
              340BF.    When office of member becomes vacant        51
      74.     Section 340BG amended                                      52
      75.     Section 340BH replaced                                     53
              340BH.    Meetings and procedure of Committee         53
      76.     Section 340BI amended                                      54
      77.     Section 340BJ amended                                      54
      78.     Section 340BK replaced                                     54
              340BK. Functions of Committee                         54
              340BLA. Further provisions relating to proceedings
                       of Committee                                 56
              340BLB. Contents of notification confidential         56
      79.     Section 340BL amended                                      57
      80.     Section 340BM amended                                      57
      81.     Section 340BN deleted                                      58
              Division 10 -- Parts XIV and XV and Schedules
                    amended
      82.     Section 341 amended                                        58
      83.     Section 342 amended                                        58
      84.     Section 344 amended                                        59
      85.     Section 344A amended                                       59
      86.     Section 344B amended                                       60
      87.     Section 349 amended                                        60
      88.     Section 351 amended                                        60
      89.     Section 357 amended                                        61
      90.     Section 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


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       2.       Continuing effect of things done by
                Executive Director, Public Health and
                Executive Director, Personal Health         65
       3.       References to former titles                 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


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              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


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       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



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              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



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       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




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              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

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       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

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      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


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       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


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      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

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       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


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      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";


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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



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                           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



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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




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                                   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




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     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

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                                                                    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.


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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


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                                           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



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     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




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                                       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




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     Division 9      Parts XIIIA to XIIIC amended
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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".



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                                       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.




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     Division 9      Parts XIIIA to XIIIC amended
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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.


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                                       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



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     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


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                                          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


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     Division 9      Parts XIIIA to XIIIC amended
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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.


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                                       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




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     Division 9      Parts XIIIA to XIIIC amended
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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




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                                           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



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     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


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                                        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


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     Division 9      Parts XIIIA to XIIIC amended
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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).




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                                   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

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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




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                                       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.




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     Division 9      Parts XIIIA to XIIIC amended
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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.



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                           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



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     Division 9      Parts XIIIA to XIIIC amended
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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


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                                           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


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     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


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                        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

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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




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                        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;

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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




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                                                                               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




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     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




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                                        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.

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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




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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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