No. 6270. HEALTH ACT 1958
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1958. Health. No. 6270 No. 6270. HEALTH ACT 1958. An Act to consolidate the Law relating to Public Health. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. This Act may be cited as the Health Act 1958, and shall short title > . J , i r« i i i- commence- come into operation on a day to be fixed by proclamation of the medivisionm an. d j-% • s-. >* 11*11* 1 J"*1 *-* 1 • HlWlotrt«l Governor in Council published in the Government Gazette, and is divided into Parts and Divisions as follows:— Part I.—Introductory ss. 3-5. Division 1.—The Department and the Minister of Health ss. 6-15. Part II.- Division 2.—The Commission of Public Health Administra- •{ ss. 16-29 tion ss. 6-39. Division 3.—Local Administration ss. 30-37. Division 4.—Qualification of Inspectors s. 38. Division 5.—Regulations s. 39. Part III.—Nuisance, &c, 40-47. 1958. Health. No. 6270 Division 1.—Refuse, Night-soil, and Sanitary Conveniences ss. 48-64. Division 2.—Septic Tank Systems s. 65. Division 3.—Plumbing and Gas-fitting Part IV.— ss. General 66-67. Division 4.—Offensive Water-courses, &c. ss. Sanitary Pro-- 68-72. visions ss Division 5.—Sewers and Drains ss. 73-76. 48-93. Division 6.—Pollution of Water ss. 77-82. Division 7.—Animals ss. 83-91. Division 8.—Regulations and By-laws ss. 92-93. Part V.— Offensive Trades, Division 1.—Offensive Trades ss. 94-105. Dangerous Division 2.—Dangerous Trades, &c, ss. Trades, &c, 106-108. Cattle Sale- Division 3.—Cattle Sale-yards ss. 109-117. yards ss. 94-117. Part VI.—Infectious Diseases ss. 118-142. Part VII.—Tuberculosis ss. 143-149. Part VIII.—Vaccination against Small-pox ss. 150-157. Part IX.—Births Notification ss. 158-162. Division 1.—Public Hospitals for Infectious Diseases ss. 163-176. Part X — Subdivision 1.—Fairfield Hospital ss. Hospitals 163-172. ss. 163-186. Subdivision 2.—Other Infectious Diseases Hospitals ss. 173-176. Division 2.—Hospitals for Tuberculosis s. 177. Division 3.—Private Hospitals ss. 178-186. Part XL- ] Division 1.—Permanent and Temporary Public Buildings } Buildings ss. 187-200. ss. 187-208. J Division 2.—Houses ss. 201-208. Part XII.— Accommoda Division 1.—Boarding-houses ss. 209-212. tion Houses, Division 2.—Common Lodging-houses ss. Camps and 213-219. Camping .Division 3.—Apartment-houses s. 220. Areas, Eating- Division 4.—Camps and Camping Areas s. houses, and 221. Food Premises Division 5.—Eating-houses ss. 222-226. ss. 209-227. • Division 6.—Food premises s. 227. Part XIII.—Precautions against Fire s. 228. 1958. Health. No. 6270 871 [Division 1.—General ss. 229-249. Division 2.—Wine ss. 250-258. Division 3.—Proprietary Medicines ss. Part XIV.— 259-270. Food, Drugs, Division 4.—Packages and Labels ss. 271-273. Substances, • Division 5.—Purchase and Analysis ss. and Articles 274-287. ss. 229-304. Division 6.—Food Standards Committee s. 288. Division 7.—Regulations s. 289. Division 8.—Offences, Legal Proceedings, &c, ss. 290-304. Part XV.— 1 Meat [Division 1.—General ss. 305-327. Supervision [Division 2.—Horseflesh ss. 328-332. ss. 305-332. J Part XVI.—Prevention of Yarra Pollution ss. 333-334. Part XVII.—Quarantine ss. 335-363. Part XVIII.—Narcotic Plants, &c. ss. 364-366. Part XIX.—Registrations ss. 367-376. Division 1.—General ss. 377-388. Division 2.—Proclamations, Regulations, Part XX.— By-laws, Orders, &c, ss. 389-396. General and Division 3.—Enforcement of Act ss. 397-420. Supplementary-{Division 4.—Offences and Legal Proceedings ss. 377-452. | ss. 421-450. | Division 5.—Government and Municipal | Medical Officers s. 451. [Division 6.—Transitory Provisions s. 452. 2. (1) The Act mentioned in the First Schedule to the extent Repeals. First thereby expressed to be repealed is hereby repealed accordingly. Schedule. (2) Except as in this Act expressly or by necessary No. 6024 s. 2. implication provided— Savings. (a) all persons things and circumstances appointed or created by or under the Act so repealed, or existing or continuing under such Act immediately before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed; 872 1958. Health. No. 6270 (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation order regulation rule by-law order direction return report registration licence or certificate liability or right made given issued accrued incurred or existing or continuing by or under such Act before the commencement of this Act. PART I.—INTRODUCTORY. interpretation. 3. In this Act unless inconsistent with the context or NO. 6W4 & 3. subject-matter — " Abatement" " Abatement" when used in relation to nuisance or other cause of offence includes abatement removal and ••TOabate.- discontinuance; and " to abate " has a corresponding interpretation. •* Abattoir •• " Abattoir "(a) or " slaughter-house " includes premises house." "k commonly known as abattoirs or slaughter-houses or slaughter-yards; and also knackers' yards and any premises used for the slaughter of horses cattle sheep or animals of any description; and also all premises whatever used for any trade or purpose whatsoever in connexion with an abattoir or slaughter-house (including yards buildings erections or enclosures in which animals intended for slaughter are kept or drafted and premises required for carcasses of animals or meat in or conveyed to an abattoir or slaughter-house and all appliances for dealing at an abattoir or slaughter-house with offal manure or condemned meat). " Act relating " Act relating to local government" includes the Local government" Government Act 1958 and any Act or enactment relating to the city of Melbourne or the city of Geelong (as the case may be). •• Alcohol." " Alcohol " means ethyl alcohol which at a temperature of sixty degrees Fahrenheit has a specific gravity of 0-7936 (distilled water at the same temperature being taken as unity). •• Analysis." " Analysis" includes any bacteriological biochemical biological chemical electrical microscopical pathological physical or other test for ascertaining the composition or quality of any food drug or substance analyzed pursuant to this Act. " Analyst." " Analyst " means any person approved pursuant to this Act as an analyst. (a) As to abattoirs provided by councils see section 309 (12). 1958. Health. No. 6270 873 " Appointed member" of the Commission means any " Appointed member other than the Chief Health Officer. member." " Author " of a nuisance means any person by whose act " Author " of default or sufferance the nuisance is caused or exists or a nuisance. is continued. " Authorized " means authorized in writing either generally ' Authorized." or specially by the Commission or by a council (as the case may be). " Boarding-house " means any house tent or edifice building " Boarding- or other structure, permanent or otherwise, and any house." part of such premises (not being the licensed premises of a licensed victualler) in which more than five persons exclusive of the family of the proprietor thereof are lodged or boarded for hire or reward from week to week or for more than a week. " By-law" means by-law made under or continued in ' By-law." operation by this Act. " Carcass " includes each and every part of the carcass of ' Carcass." an animal. " Carrier " means any person having in his nose or throat ' Carrier." or in his excretions or discharges germs of any infectious disease although presenting no signs or symptoms of disease. " Casual vacancy " in the office of appointed member of the " Casual Commission means a vacancy in such office occurring vacancy." from any cause whatever other than the retirement of such member at the expiration of the period for which he was appointed. " Cellar" or " underground room " includes any room " Cellar " or " underground being part of a house if the floor of such room is more room." than three feet below the surface of the adjoining street or of the land adjoining or nearest to such room. " Cesspool" includes any receptacle for night-soil or for ' Cesspool.' offensive matter below or above the ground; but does not include any septic tank system or any receptacle prescribed by or under this Act or allowed by the Commission. " Chairman " means chairman of the Commission. ' Chairman." " Commission " means the Commission of Public Health " Com under this Act. mission.' 1 on " Common lodging-house " means any house tent or edifice Jod^ T building or other structure, permanent or otherwise bouse.6' (not being the licensed premises of a licensed victualler), in which persons are harbored or lodged for hire for a single night or for less than a week at one time or any part of which is let for any term less than a week at one time. 874 1958. Health. No. 6270 '• Council.' Council" means council of a municipality; and " the "The council " means the council of the municipality to the council." municipal district of which the provision in which the term is used applies. " Cowkeepers dairymen or Cowkeepers dairymen or purveyors of milk " includes purveyors of milk." persons who sell milk or cream and persons who occupy any house or land in or upon which butter cheese or dairy produce is manufactured for sale. " Daily penalty." Daily penalty " means a penalty for each day on which any offence is continued after notice has been given to the offender of the commission of the offence or after a conviction or order by any court (as the case may be).