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). ' Dangerous." Dangerous " to health includes injurious or prejudicial to ' Danger." health; and " danger " to health includes injury or prejudice to health. " Depart ment." " Department" means the Department of Health under this Act. " Division." " Division " means Division of a Part of this Act. " Drain." " Drain " means any drain used for the drainage of one building only or of premises within the same curtilage and made merely for the purpose of communicating therefrom with a receptacle for drainage or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed. ' Drug." " Drug " means any substance used as medicine or in the composition or preparation of medicines whether for external or internal use and without limiting the generality ot the foregoing includes any proprietary medicine within the meaning of Division three of Part XIV. of this Act. • Food.' " Food " means any substance used or intended to be used for food or drink by man (other than drugs or water); and includes any article of food and any substance entering into or used in or intended to enter into or to be used in the preparation or composition of food; and also includes confectionery and flavouring and colouring matters and spices and condiments. " General rates." " General rates " includes in the case of Melbourne and Geelong town rates. " Health " Health officer" means a medical practitioner being a officer." health officer of the Department.
' House.' " House " includes dwellings of any kind schools licensed victuallers' premises factories work-rooms shops boarding-houses lodging-houses tents and other buildings or structures (whether temporary or 1958. Health. No. 6270 875
permanent); and also includes any vessel lying in any river harbour or other water within the territorial waters of Victoria other than a vessel which is under the command or charge of any officer bearing Her Majesty's commission or which belongs to the Government of any foreign State. " Infected " means suffering from or in the incubation stage ' Infected." of or contaminated with the infection of an infectious disease.
" Infectious disease" means any disease (other than a " Infectious venereal disease) or infective condition which is disease." communicable from any person or animal suffering therefrom to any person whether directly or indirectly or through the intermediary of a host; and includes— (a) the diseases known as anchylostomiasis anthrax bilharziasis cholera meningococcal infection diphtheria dysentery (bacillary) dysentery (amoebic) encephalitis hydatids influenza leprosy malaria measles plague poliomyelitis puerperal fever scarlet fever small-pox tetanus tuberculosis typhus fever typhoid fever whooping cough yellow fever; and (b) any disease or infective condition which is declared by proclamation to be an infectious disease.
" Inspector " includes any acting or assistant inspector. ' Inspector.'
" Isolation " means the segregation and the separation from ' Isolation." and interdiction of communication with others of persons who are infected or suspected of being infected; and " isolated" has a corresponding ' Isolated.' interpretation. " Label" includes any tag, brand, mark, or statement in • Label.' writing on or attached to or used in connexion with any package containing any food drug or substance. " Land" includes messuages buildings lands and ' Land." hereditaments of every tenure; also rivers streams wells and waters of every description; and also easements of every description in respect of the foregoing particulars. " Licensed victualler " means licensed victualler within the " Licensed meaning of the Licensing Act 1958. victualler." " Meat " includes small goods. ' Meat.' " Meat area " means meat area constituted or deemed to be ' Meat area.' constituted under this Act.
" Medical officer of health " means a medical practitioner " Medical officer of being a medical officer of health of a council. health." 876- 1958. Health. No. 6270
" Medical " Medical practitioner " means a legally qualified medical practitioner.' practitioner registered under the Medical Act 1958. " Medical " Medical surveillance " means the keeping of a person surveillance.' under medical supervision. " Metropoli " Metropolitan municipality" means municipality the tan muni cipality." municipal district whereof is in whole or in part within the metropolis within the meaning of the Melbourne and Metropolitan Board of Works Act 1958. ' Minister.' " Minister " means the Minister of Health under this Act or any Minister for the time being acting for or on behalf of the Minister. " Muni " Municipality " includes municipality within the meaning cipality." of the Local Government Act 1958 and also the city of Melbourne and the city of Geelong.
" Municipal " Municipal clerk" or " clerk" means the clerk of a clerk." municipality; and includes city clerk town clerk and secretary of a shire. " Municipal " Municipal district" means a district under the local district." government of a municipality; and includes any place under the jurisdiction of a municipality or the council thereof but outside the municipal district. " Municipal " Municipal fund " includes in the case of Melbourne and fund." Geelong town fund. ' Newspaper.' " Newspaper " means a newspaper generally circulating in the municipal district. " Night- " Night-soil" includes all human excrementitious or faecal soil.^ matter and human urine.
" Notifiable " Notifiable infectious disease " includes— infectious disease." (a) the diseases known as ankylostomiasis anthrax bilharziasis cholera meningococcal infection diphtheria dysentery (bacillary) dysentery (amoebic) encephalitis hydatids leprosy malaria plague poliomyelitis puerperal fever scarlet fever small-pox tetanus tuberculosis typhus fever typhoid fever yellow fever; and (b) any other infectious disease declared by proclamation to be a notifiable infectious disease.
" Offensive." "Offensive" includes noxious; and " offensiveness" " Offensive- ness." includes noxiousness. " Offensive " Offensive matter " includes dust sludge mud soil ashes matter." rags waste matter filth blood offal dung manure or any other material which is offensive or likely to become offensive. 1958. Health. No. 6270 877
" Officer " includes any officer or inspector (whether of the ' Officer." Department or of any council) and also any authorized member of the police force. " Owner " means the person for the time being entitled to ' Owner.' receive the rent of the land or premises in connexion with which the word is used (whether on his own account or as the agent of or as trustee for any other person) or who would be entitled to receive the same if the land or premises were let at a rent. " Package" includes every means by which goods for " Package." carriage or for storage or for sale may be cased covered enclosed contained or packed; and "to pack " "To pack." has a corresponding interpretation. " Parent" includes any person having the custody of a •• Parent." child. " Part" means Part of this Act. •* Part." " Piggery " means any building enclosure or yard in which " Piggery." five or more pigs are kept bred reared or fattened for purposes of trade. " Premises" includes messuages buildings lands and '• Premises." hereditaments of every tenure; and also any machinery plant appliance or vehicle used in connexion with any trade carried on at any premises. " Prescribed " means prescribed by or under this Act. •• Prescribed.- Private abattoir! means an abattoir other than a public « Private abattoir. abattoir." " Proclamation " means proclamation of the Governor in " Proclama- Council. Uon" " Proof spirit" means a mixture of alcohol and distilled " Proof water which contains 49-28 per centum of alcohol by spirit." weight and 57-10 per centum of alcohol by volume and at a temperature of sixty degrees Fahrenheit has a specific gravity of 0-91976 (distilled water at the same temperature being taken as unity). " Public abattoir " means an abattoir provided or managed •• Public^ by one or more councils. abattoir."
" Public building " means— " Public building.' (a) any hospital or any benevolent or other asylum or institution not wholly supported by the State; and not being a private hospital as defined in this Act; (b) any theatre, opera house, concert music assembly dance or cinematograph hall, cabaret, skating rink, arena, amphitheatre 878. 1958. Health. No. 6270
or circus, or any building, enclosure, gallery, platform, tent or structure whatsoever in around or upon which numbers of persons are usually or occasionally assembled for the purposes of recreation, amusement, entertainment or instruction; (c) any school (not being a State school referred to in Parts I. or II. of the Education Act 1958); (d) any church chapel or meeting house; and (e) any kind or class of building or any particular building declared by proclamation to be a " public building" within the meaning of this Act; and (whether any public building is permanent or temporary) includes any building room or stage forming part of or appurtenant to or used in connexion with such public building.
'• Public " Public conveyance " includes a coach cab omnibus motor conveyance.' car waggon or other vehicle or vessel in which passengers are carried for hire; and also includes a tramcar and railway carriage.
" Public " Public place " includes every place to which the public place." ordinarily has access whether by payment or not.
" Refuse." " Refuse " and " rubbish " respectively include offensive " Rubbish." matter.
" Regulation." " Regulation " means regulation made under or continued in operation by this Act. " Sample." " Sample " includes part of a sample.
" Sanitary " Sanitary convenience" includes urinals water-closets convenience.' earth-closets privies ash-pits ash-tubs or other receptacles for the deposit of night-soil refuse or rubbish and all similar conveniences.
" Schedule." " Schedule " means schedule to this Act. " Secretary.'1 " Secretary " means Secretary to the Department.
" SeU." " Sell " includes sell (whether by wholesale or retail) and barter or exchange; and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things; and in Part XIV. refers only to sale for
• Sale." human consumption or use or for analysis; and " sale " has a corresponding interpretation. 1958. Health. No. 6270 879
Septic tank system " means a system for the bacterial "septictank biological chemical or physical treatment of sewage; system- and includes all tanks beds sewers drains pipes fittings appliances and land used in connexion therewith. 1 Sewer " includes sewers and drains of every description " sewer.-- except " drains " as above defined. ; Small goods " means any article of food prepared wholly "Small or in part from small portions of meat. goods." ' Specified" when used in connexion with any ' Specified." proclamation, Order in Council, regulation, by-law, order, notice, or direction means specified therein or thereby. ' Street" includes any highway and any public bridge and ' Street.' any road lane footway square court alley or passage whether a thoroughfare or not. ' Substance " includes any article or compound. " Substance." " Suitable ' Suitable sanitary conveniences" means prescribed or sanitary specified sanitary conveniences conveniently situated conveniences." properly constructed and sufficient in number and if necessary separate sanitary conveniences for the use of each sex with approaches thereto properly separated for the sexes. ' This Act" includes proclamations Orders in Council ' This Act." regulations and by-laws made under or continued in operation by this Act. ' Trade" or " business" includes trade business ' Trade " or manufacture process or occupation. ' business." ' Vessel " includes ship or boat. " vessel.-
4. The following expressions and expressions of a like meaning interpretation or referring to the like subject-matter wherever occurring in any expressions. other Act or in any proclamation Order in Council regulation NO.6024S.4. by-law order or document shall (if not inconsistent with the context or subject-matter) be respectively read and construed as follows:— " Board of Public Health " or " the Board " shall mean or refer to the Commission; " Chairman of the Board of Public Health " or of " the Board " and " Medical Inspector " shall respectively mean or refer to the chairman of the Commission and the Chief Health Officer; "Engineering Inspector" shall mean or refer to the Chief Engineer of the Department; 880 1958. Health. No. 6270
Officer" of the "Board of Public Health" or of the " Board " or of the Commission shall mean or refer to officer of the Department of Health; and Secretary " of the " Board of Public Health " or of the " Board " shall mean or refer to the secretary of the Commission.
Application of 5. (1) Save as otherwise expressly provided this Act shall Act. No. 6024 s. 5. apply to every municipal district: Exemption Provided that the Governor in Council may by proclamation from provisions. exempt from the operation of any specified provisions of this Act any municipal district or part thereof for any period. Power to (2) All or any of the provisions of this Act may be extended extend to places outside by proclamation to any place not situate in a municipal district; municipal districts. and in every such case Cis Commission shall have and may exercise in respect of such place all the powers duties and authorities of councils and of the Commission. Regulations. (3) The Governor in Council may make regulations for carrying into effect the purposes of this section.
PART II.—ADMINISTRATION. DIVISION 1. THE DEPARTMENT AND MINISTER OF HEALTH. Establishment 6. (1) For the purpose of promoting the health of the of Department people throughout Victoria and for the better exercise of the of Health. No. 6024 s. 6. powers conferred upon the Minister by or under this or any other Act there shall be a Department of Health consisting of— (a) a Minister of Health who shall be a responsible Minister of the Crown; and (b) the following officers and employes— (i) a Secretary to the Department; (ii) a Chief Health Officer; (iii) such other officers and employes (whether permanent or temporary) as are deemed necessary.
Branches of (2) The Department shall include the following branches:— Department. (a) a General Health Branch; (b) a Mental Hygiene Branch; (c) a Maternal and Child Welfare Branch; and (d) a Tuberculosis Branch.
Power to (3) The Governor in Council by Order may— establish new branches, &c. (a) establish any additional branch; (b) abolish any branch; or (c) transfer any functions powers and duties from any branch to any other branch. 1958. Health. No. 6270 881
7. It shall be the duty of the Minister in the exercise and General performance of any powers and duties conferred upon him by duties of or under this or any other Act to take all such steps as may be reiauoluo0 desirable to secure the preparation effective carrying out and meeant5iand co-ordination of measures conducive to the health of the people, defectiveness. including measures for— No'eaii s- 7' (a) the prevention and cure of diseases and the avoidance of fraud in connexion with alleged remedies therefor; (6) the treatment of physical defects and mental diseases and disorders; (c) the training of persons for health services; (d) the control care and treatment of mental defectives and of epileptics; and (e) the initiation and direction of research and the collection, preparation, publication, and dissemination of information and statistics relating to any of the matters referred to in this section.
8. (1) The Secretary— &a««y (a) shall for the purposes of the Public Service Act 1958 Department. be the permanent head of the Department; NO.6024S. 8. (b) shall subject to the Minister have the responsibility of administering all Acts and enactments administered in the Department; and (c) shall be an officer in the first division of the public service in addition to any other officers therein. (2) The Chief Health Officer— chief Health Officer. (a) shall be a medical practitioner and an expert in sanitary science; (b) shall have control of the General Health Branch; and (c) shall be an officer in the professional division of the public service. (3) Subject to the Mental Hygiene Act 1958 the Mental Mental Hygiene Authority shall have control of the Mental Hygiene "uSorfty. Branch. (4) The fact that the Secretary is the permanent head of the Access to Department for the purposes of the Public Service Act 1958 and Minister- has subject to the Minister the responsibility for administering all Acts and enactments administered in the Department shall not deprive the Chief Health Officer or the Mental Hygiene Authority or the chairman thereof of direct access to the Minister for the purpose of making representations on matters affecting the General Health Branch or the Mental Hygiene Branch (as the case may be). 882 1958. Health. No. 6270
Delegation of powers and 9. (1) With the approval of the Governor in Council the duties by Secretary. Secretary may delegate during the pleasure of the Secretary any No. 6024 s. 9. of his powers and duties (other than this power of delegation) to any officer of the Department.
Delegation of powers and (2) With the approval of the Minister the Chief Health Officer duties by other officers. may— (a) delegate any of his powers and duties (other than this power of delegation) to any officer of the Department in the General Health Branch; and (b) revoke any such delegation: Provided that nothing in this sub-section shall be deemed to authorize the Chief Health Officer to delegate his powers and duties as chairman of the Commission of Public Health. Powers &c. (3) Subject to this Act any such officer may exercise all such of delegate. powers and discharge all such duties as are delegated to him pursuant to this section as fully and effectually as the Secretary or Chief Health Officer making the delegation might have exercised or discharged the same and shall be entitled to all the immunities of the Secretary or Chief Health Officer.
•Evidence of authority of (4) The fact that any officer to whom any powers or duties delegate. are delegated pursuant to this section exercises or discharges any such delegated power or duty shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorizing him to do so.
Saving of 10. Notwithstanding anything in this Act or the Ministry of rights of officers and Health Act 1943, no officer or person whosoever shall by reason persons affected by of the operation of the Ministry of Health Act 1943 be in any No. 4988. worse position with regard to his accrued or accruing rights relating No. 6024 s. 10. to tenure of office salary pension or superannuation than he would have been if that Act had not been passed.
Interpretation 11. The following expressions and expressions of a like of certain expressions. meaning or referring to a like subject-matter wherever occurring No. 6024 s. 11. in any Act enactment proclamation Order in Council regulation by-law order or document shall (if not inconsistent with the context or subject-matter) be respectively read and construed as follows:— " Department of Public Health " shall mean or refer to the Department of Health; " Officer " of the " Department of Public Health " or of the " Department" shall mean or refer to officer of the Department of Health; " Minister of Public Health " shall mean or refer to the Minister of Health; 1958. Health. No. 6270 883
" Officers " or " employes " of or in the Department of Mental Hygiene shall mean or refer to officers or employes of or in the Mental Hygiene Branch of the Department of Health.
12. The Minister shall administer the Acts and enactments ^'jj'*- specified in the Second Schedule. Ministe"™upn ry o f Acts and enactments. Second Schedule. No. 6024 s. 12. 13. (1) For the purposes of this Act, the Minister may by Consultative order under his hand— NTMM S. 13 (a) establish such consultative councils as he thinks fit in respect of such matters and consisting of a chairman and such number of members as are specified in the order; or (6) in any case where he thinks it expedient may appoint any board or commission or other body established by or under any Act or any committee of any such board commission or body to be a consultative council under this section. Every consultative council established under paragraph (a) hereof shall consist of persons having special knowledge in the matters referred to them. (2) The Governor in Council may make regulations for or Regulations, with respect to— (a) prescribing the powers and duties of consultative councils established under this section and of the chairman and other members thereof and of consultative councils appointed under this section; and (b) generally, carrying into effect the objects of this section. 14. (1) All the powers rights and authorities conferred or Power of the imposed on the Commission (whether by or under this or any other No ^'s 14> Act) shall whenever he deems fit be exercisable by the Minister; and when so exercised shall (if so ordered by the Minister) supersede any act order direction or notice of the Commission. (2) Every officer of or person employed in the Department (whether a member of the Commission or not) shall at all times obey any order or direction of the Minister. (3) All orders directions notices authorities consents or receipts made or given or purporting to be made or given by any such officer or person in any way relating to the purpose in respect 884 1958. Health. No. 6270 of which he was authorized by the Minister to act shall by all courts officers and persons whomsoever be deemed and taken to have the same force and effect as if made or given by the Commission.
Power to 15. The Minister may arrange with the managing authorities Minister to arrange with of hospitals or with medical practitioners or medical officers hospitals or with medical appointed under this Act or with dentists within the meaning of practitioners or dentists for Part II. of the Medical Act 1958 for the treatment of physical treatment of physical defects discovered in school children by medical inspection under defects in school this or any other Act. children. No. 6024 8.13. DIVISION 2. THE COMMISSION OF PUBLIC HEALTH. The Commission. Commission 16. (1) For the purposes of the promotion of the public health of Public Health to be and the enforcing and carrying out of the provisions of this Act constituted. there shall be a commission constituted as hereinafter provided to No. 6024 s. 16. be called the Commission of Public Health. (2) The Commission shall consist of seven members as follows:— (a) the Chief Health Officer, by virtue of his office as Chief Health Officer; and (b) six members appointed by the Governor in Council amongst whom shall be included— , (i) not more than two medical practitioners; (ii) one member appointed as representing metropolitan municipalities; (iii) one member appointed as representing cities towns and boroughs other than metropolitan municipalities; and (iv) one member appointed as representing shires other than metropolitan municipaUties. Who incapable 17. No uncertificated or undischarged bankrupt or insolvent, to be or continue no person who applies to take the benefit of any Act for the relief members. No. 6024 s. 17. of insolvent debtors or by any deed or writing compounds with his creditors, no person attainted of treason or convicted of felony or perjury or any infamous crime, no person of unsound mind, and no person not qualified as required by or disqualified under this Act shall be capable of being or continuing an appointed member.
Appointment 18. (1) Subject to this Act appointed members— and tenure of office of appointed (a) shall be appointed and may be removed by the members. Governor in Council; No. 6024 s. 18. (b) shall be entitled to hold office for three years from the date of appointment (except in the case of a member appointed to fill a casual vacancy when 1958. Health. No. 6270 885 such a member shall be entitled to hold office only for the unexpired portion of the period for which his predecessor was appointed); and (c) shall be eligible for re-appointment. Absence or (2) If an appointed member— resignation of appointed (a) is absent without leave of the Commission from four members. consecutive meetings of the Commission; or (b) by writing under his hand addressed to the chairman resigns his office as member— his seat shall become vacant. Power of (3) Subject to this Act the Governor in Council may fill any Governor in Council to fill vacancy however occurring in the office of an appointed member. vacancies in office of appointed members. (4) The present members of the Commission shall for the Present respective terms for which they were appointed be deemed to be continue in members as if appointed under this Act. office. 19. During any vacancy in the Commission (whether in the Power to Commission office of chairman or appointed member) the continuing members to act in case may (so long as there is a quorum) act as if no vacancy had NVWMTIO occurred.
20. (1) Appointed members (not being officers of the public Remuneration \ L ii I. "j and expenses service) shall be paid— of appointed (a) all travelling expenses reasonably incurred by them in NO™*©*'*. 20. attending the meetings and transacting the business of the Commission; and (b) such remuneration as is fixed from time to time by Order of the Governor in Council. (2) The foregoing expenses and remuneration and all expenses lawfully incurred by the Commission shall be defrayed out of moneys to be provided by Parliament. 21. (1) The Chief Health Officer shall be the chairman of tne Chairman. Commission and shall preside at all meetings of the Commission at No.6024s.21. which he is present. (2) In the event of there being no Chief Health Officer or of the absence or illness of the Chief Health Officer the Governor in Council may appoint one of the members to act temporarily as chairman; and such member may and shall act as chairman accordingly. (3) If at any meeting the Chief Health Officer or any person so appointed to act temporarily as chairman is not present one of the members present shall be elected chairman of such meeting by the members present. 886 1958. Health. No. 6270 (4) At all meetings of the Commission the chairman shall have a second or casting vote.
m and Q£°™ 3 22. (1) The powers and duties of the Commission may be NO. 6024 B. 22. exercised and performed by a quorum of not less than four members. (2) The Commission may meet at such times and places as it thinks fit; adjourn any meeting to any other time or place; and make rules governing its own procedure.
Powers and Duties. Futons 23. (1) In addition to any other powers and duties of the commission. Commission the Commission subject to this Act shall have and No. 6024 s. 23. (so far as fun(js are legally available for the purpose) may exercise all or any of the following powers and duties:— (a) To promote the prevention limitation and suppression of infectious and of preventable diseases; (b) To report to the Minister upon matters affecting the public health and upon any amendments which it thinks advisable in the law relating thereto and upon matters referred to it by the Minister; (c) To promote or carry out researches and investigations and to make inquiries in relation to matters concerning the public health and the prevention or treatment of disease; (d) To publish reports information and advice concerning the public health and in particular concerning the prevention and control of disease and the education of the public in the preservation of health; (e) To advise and assist councils in regard to matters affecting the public health; (/) To prepare regulations under this Act for submission to the Governor in Council; and (g) To prepare model by-laws for adoption by councils pursuant to this Act. inquiries. (2) Without affecting the generality of the foregoing provisions of this section the Commission may make or cause to be made such inquiries as it thinks fit in relation to matters concerning the public health in any place or with respect to any matter to which its approval or consent is required. Annualrepoit. (3) The Commission shall in September in every year make to the Minister a report of its proceedings; and the Minister shall lay the same before both Houses of Parliament. 1958. Health. No. 6270 887
24. (1) In any emergency or sudden necessity (of the special existence of which emergency or necessity the Commission shall be {Smmission sole and final judge) the Commission may for the purposes of this em«|ency, &c. Act exercise and perform in any part of Victoria all or any of the NO. 6024 s. u. powers and duties of a council. (2) Where in carrying out the provisions of this section any certificate of a medical officer of health is necessary for the purposes of this Act if there is no medical officer of health conveniently available such certificate may be signed by any medical practitioner, and for all such purposes shall be as effectual as if signed by a medical officer of health.
Officers, &c. 25. In addition to any other powers and duties— Furth« (a) the Chief Health Officer and every health officer shall duties of have and may exercise all or any of the powers and office". duties of medical officers of health and of inspectors No-6024 s-25- of councils; and (b) the chief engineer and every inspector of the Department shall have and may exercise all or any of the powers and duties of inspectors of councils.
District Health Officers. 26. The Governor in Council by proclamation may— constitution (a) declare and constitute as a health area any area areas? defined in such proclamation; and No. 6024s.26. (b) alter extend or diminish the boundaries of any health area.
27. (1) Subject to this Act the Governor in Council may District appoint district health officers. health officers. No. 6024 s. 27. (2) No person shall be appointed a district health officer unless he is a medical practitioner and an expert in sanitary science. (3) Every district health officer— (a) shall be appointed in respect of a specified health area; but may if required by the Commission act in or for any other health area; and (b) shall devote the whole of his time to the duties of his office.
28. Every district health officer shall— Duties (a) be subject to the directions of the Chief Health N°-6024 s-28- Officer; 888 1958. Health. No. 6270 (b) report quarterly and also annually to the Chief Health Officer on the public health and sanitary circumstances of the health area; (c) make to the Chief Health Officer as occasion requires such suggestions as the district health officer thinks desirable for more effectually promoting the objects of this Act; (d) advise and assist as he deems fit medical officers of health and inspectors of councils having jurisdiction in the health area or any part thereof; (e) exercise such powers and duties of the Chief Health Officer as are assigned to him under this Act by the Chief Health Officer and perform such duties as are required by the Commission or as are prescribed; and (/) perform such duties in connexion with the medical inspection of and the promotion of the health of school children as are prescribed.
Power to 29. Every district health officer may by arrangement with the meetin£s.uncU council attend the meetings of any council in the health area and NO. 6024 s. 29. address the council upon any matter relating to the public health.
DIVISION 3. LOCAL ADMINISTRATION.
Powers and 30. Every council is hereby directed and authorized to duties of councils. exercise and perform (within its municipal district) all powers No. 6024 s. 30. and duties conferred or imposed upon it by or under this Act; and all acts of a council shall be deemed to be the acts of the municipality.
31. Subject to this Act— (1) every council— Appointment (a) may and when required by the Commission removal &c. of medical shall appoint such medical officers of health officers of health and and such inspectors as are necessary; inspectors of cuuncils. (b) may remove any such medical officer of health No. 6024 s. 31. or inspector; (c) may and when required by the Commission shall fill up any vacancy however occurring in the office of medical officer of health or inspector; and (d) shall pay to every such medical officer of health and inspector such remuneration and allowances as are agreed upon after conferring with the Commission; 1958. Health. No. 6270 (2) no person shall be appointed a medical officer of health unless he is a medical practitioner; (3) every appointment or removal of any medical officer of health or inspector by a council shall be subject to the approval of the Commission; and in the case of an appointment such approval may be given with or without any conditions; (4) if a council does not make any appointment under this section within a time limited by the Commission— (a) the Commission may make the appointment and fix the remuneration and allowances of the person appointed; and (b) the remuneration and allowances so fixed shall be a charge on the general rates of the municipality and be recoverable from the municipality by the person so appointed; (5) except with the approval of the Commission a medical officer of health or an inspector of a council shall not have the rate of his remuneration or allowances reduced by the council; (6) the Commission may remove any medical officer of health or inspector appointed under this section whether by a council or the Commission; (7) with the approval of the Commission the same person may be appointed medical officer of health or inspector by two or more councils; and in every such case— (a) the Commission shall in default of agreement between the councils fix the proportions in which the remuneration allowances and expenses of such officer or inspector shall be borne by the several councils; and (b) the proportions as fixedshal l be a charge on the general rates of the respective municipalities accordingly; and (c) subject to this sub-section the other provisions of this section as to medical officers of health or inspectors shall with such alterations modifications and substitutions as are necessary extend and apply accordingly. 890 1958. Health. No. 6270
Power to councils to 32. Notwithstanding anything in this Act where the office of agree with inspector of any council is exempted from the operation of Minister for services of section thirty-eight of this Act the council of the municipality officers of the Department. concerned may enter into an agreement with the Minister No. 6024 s. 32. whereby the services of an officer of the Department may be made available to the council as an inspector of the council on such terms and conditions as are agreed upon between the Minister and the council and such officer shall have and may exercise all the powers and duties of an inspector of the council accordingly.
Appointment of other 33. Every council— officers &c, by councils. (a) shall for the purposes of this Act appoint or employ all No. 6024 s. 33. such other officers and persons as are necessary; (b) may remove any such officer or person; and (c) may pay to such officers and persons such salaries wages or allowances as the council thinks reasonable.
General duties of 34. Subject to this Act every medical officer of health and medical every inspector of a council shall perform such duties— officers of health and inspectors. (a) as the council directs (whether generally or No. 6024 s. 34. specifically); (b) as the Commission by order to the council requires; and (c) as are required or prescribed by or under this Act.
Specific duties of 35. (1) Every medical officer of health shall— medical officers of (a) keep himself at all times properly informed as to the health. public health and sanitary circumstances of the No. 6024 s. 35. municipal district and make such inspections and inquiries as are necessary for that purpose and report to the council on any matter or thing relating thereto which in his opinion should receive its consideration; (b) furnish to the council— (i) within one week after the expiration of each calendar month, monthly reports, and on or before the last day of February in every year, an annual report up to the last preceding thirty-first day of December, on the public health and sanitary circumstances of the municipal district; and (ii) such other special reports relating to public health or sanitation as the council requires; and 1958. Health. No. 6270 391
(c) (when required by the Commission) furnish direct to Commission such special reports as the Commission requires. (2) The council shall forthwith forward to the Commission a copy of every report furnished to the council under this section. (3) The Commission shall forthwith forward to the council a copy of every report furnished direct to the Commission under this section.
36. Every medical officer of health— Power of medical (a) may give to any inspector of the council such gjj^jjgj directions and instructions as he deems necessary ^ecnmd for the due execution of this Act; and every such powereot P inspector shall obey and carry out directions or N0 «>24S. 36. instructions so given; and (b) shall have and may exercise in addition to the powers conferred on medical officers of health by or under this Act all the powers of an inspector of the council. 37. Every council shall furnish to the Commission reports as Councils to follows in such form and containing such particulars as the Commission. Commission requires:— N0.60249.37. (a) On or before the last day of February—an annual report up to the preceding thirty-first day of December as to matters relating to the public health and sanitary circumstances of its municipal district; and (b) At such other times as the Commission directs— reports as to any matters specified by the Commission.
DIVISION 4. QUALIFICATIONS OF INSPECTORS. 38. Except as hereinafter provided no person shall be Inspectors appointed or continue to be an inspector unless he holds such a certificates certificate of competency as is prescribed: °f c^ete°gy" Provided that— (a) the Commission may exempt from the operation of this section the office of inspector in any municipal district and may revoke any such exemption; (b) all inspectors who have held office as such for the five years immediately prior to the commencement of the Health Act 1919 shall be deemed to have obtained the said certificate of competency; and (<;) any person who holds any certificate which is . recognized under the regulations may be appointed as or continue to .be an inspector. 892 1958. Health. No. 6270
DIVISION 5. REGULATIONS.
Regulations 39. The Governor in Council may make regulations for or under this Part. with respect to— No. 6024 s. 39. (a) the duties to be performed by district health officers in connexion with the medical inspection of and the promotion of the health of school children; (b) the duties of medical officers of health and inspectors of councils; (c) the qualifications required for certificates of competency as inspectors; and the granting of such certificates; the examination of persons desirous of obtaining the same; the subjects of and times and places for examinations; the appointment duties and remuneration of examiners; and the recognition of certificates other than those granted after such examinations; and (d) generally, carrying into effect the purposes of this Part.
PART III.—NUISANCES, ETC.
Nuisances 40. No person shall cause or permit or suffer to exist on any prohibited. premises owned or occupied by him or of which he is in charge No. 6024 8.40. any nuisance or other condition liable to be dangerous to health or offensive.
Power to 41. (1) Where the council of any municipality makes Governor In Council to complaint in writing to the Commission that dust grit or ashes order fitting of device to have been emitted from any chimney (including the funnel of any prevent emission of vessel but not including the chimney of any private dwelling) dust grit and ashes from within the municipal district in such a manner or to such an chimney. extent as to be dangerous to health or offensive, the Governor in No. 6024 s. 41. Council may on the recommendation of the Commission by Order direct the owner and the occupier of the premises at which the chimney is situated within such time as is specified in the Order to cause the chimney to be fitted with a satisfactory device for the prevention of the emission of dust grit and ashes therefrom. (2) If within the time specified in the Order such a device is not fitted to the chimney the owner and the occupier of the premises shall severally be guilty of an offence against this Act.
Duties of 42. It shall be the duty of every council— councils to maintain cleanliness {a) to maintain its municipal district at all times in a clean and prevent nuisances &c. and sanitary condition; and to prevent the No. 6024 s. 42. occurrence therein of or to remedy or cause to be remedied any nuisance or condition liable to be dangerous to health or offensive; 1958. Health. No. 6270 (b) to prevent or remedy all conditions liable to be dangerous to health or offensive arising from the occupation or use of dwellings or premises or from overcrowding or from the condition or manner of use of any factory or trade premises; (c) to make from time to time either by itself or by its officers inspection of the municipal district with the view to ascertain what nuisances or conditions liable to be dangerous to health or offensive exist calling for abatement; (d) on the receipt of any complaint of the existence of any nuisance or any such condition, to forthwith cause inquiry to be made into the matter of the complaint; and (e) if satisfied of the existence of any nuisance or condition aforesaid to take all such steps as it is empowered to take to secure the abatement thereof and to take proceedings against any person causing or responsible for the same. 43. The following shall be deemed to be nuisances liable to be dealt with in the manner provided in this Act:— (a) Any house or premises which is or are of such construction or in such a state or so situate as to be dangerous to health or offensive; (b) Any street pool ditch gutter watercourse waterhole quarryhole excavation sink cistern sanitary convenience cesspool drain sewer dungpit slop-tank or manure heap so foul or in such a state or so situate or constructed as to be dangerous to health or offensive; (c) Any well or other like source of water supply or any cistern or other receptacle for water (if the water therein or therefrom is or is likely to be used for drinking purposes by man or for domestic purposes or for any purpose in connexion with the manufacture preparation or sale of food or in connexion with a dairy-farm or dairy) which well source cistern or receptacle is polluted or liable to render any such water dangerous to health or offensive; (d) Any stable cowshed building or premises used for the keeping of animals or birds which is so constructed situate used or kept as to be dangerous to health or offensive; or any animal or bird so kept as to be dangerous to health or offensive; (e) Any accumulation or deposit of refuse or rubbish or matter whatsoever which is dangerous to health or offensive; 894 1958. Health. No. 6270 (/) Any house or part of a house which is so over-crowded as to be dangerous to the health of the inmates or which does not as regards air-space floor-space lighting or ventilation conform with any regulations under this or any other Act; (g) Any public building which is so situate constructed used or kept as to be dangerous to health; (h) Any factory or trade premises— (i) not kept in a cleanly state and free from offensive effluvia arising from any drain or sanitary convenience; or (ii) not provided with appliances so as to carry off in a harmless and inoffensive manner any fumes gases vapours dust or impurities generated; or (iii) so over-crowded while work is carried on or so badly lighted or ventilated as to be dangerous to the health of those employed therein; or (iv) causing or giving rise to effluvia which are dangerous to health or offensive; (i) Any land kept or permitted or suffered to remain in such a state as to be dangerous to health or offensive; (/) Any chimney (including any funnel of a vessel but not including the chimney of a private dwelling) sending forth smoke in such quantity or in such manner as to be dangerous to health or offensive or in any manner contrary to the regulations; (k) Any street lane right-of-way passage yard land or premises in such a state in regard to drainage as to be a nuisance or dangerous to health or offensive; (/) Any dead animal in any building or premises or on any land street or thoroughfare; (m) Any premises (including any accumulation or deposit of refuse or rubbish or any matter whatsoever on such premises) which are in such a state as to harbor rodents or other vermin; and (n) Any condition whatever which is a nuisance or dangerous to health or offensive.
Notice to 44. (1) The council if satisfied of the existence of a nuisance SSSfnce. shall serve a notice on the author of the nuisance or if he cannot No. 6024 s. 44. be found on the occupier or owner of the house or premises on which the nuisance arises or continues requiring him to abate it within the time specified in the notice and to execute such works 1958. Health. No. 6270 895 and do such things as are necessary for that purpose, and (if the council thinks it desirable) specifying any works to be executed to prevent a recurrence of the nuisance. (2) If the person on whom such a notice has been served does Procedure in not comply with any of the requirements thereof within the time to comply specified, or if the nuisance although removed since the service of Wlth notice" the notice is in the opinion of the council likely to recur, the council shall cause a complaint to be made before a justice who may summon such person to appear before a court of petty sessions. (3) If the court is satisfied that the alleged nuisance exists or that although removed it is likely to recur the court shall make an order on the author thereof or the occupier or owner (as the case may be) of the house or premises— (a) requiring him to comply with all or any of the requirements of the notice or otherwise to abate the nuisance within a time specified in the order and to do any works necessary for that purpose; or (b) prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence; or (c) both requiring the abatement of the nuisance and prohibiting the recurrence thereof. (4) The court may also— (a) impose a penalty of not more than Twenty pounds on the person on whom the order is made; and (b) give directions as to the payment of all costs and expenses incurred up to the time of the hearing or making of the order. (5) Before making any order the court may if it thinks fit adjourn the hearing or further hearing of the case until an inspection investigation or analysis in respect of the nuisance alleged has been made by some competent person. (6) Where the nuisance proved to exist is such as to render a house unfit in the judgment of the court for human habitation or occupation the court may issue a closing order prohibiting the use thereof for human habitation or occupation until in its judgment the house is fit for that purpose; and on being satisfied that it has been rendered fit for human habitation or occupation the court may terminate such closing order. (7) Every person who— (a) wilfully contravenes any closing order under this section; or (b) fails to comply with any other order under this section (unless he satisfies the court that he has used all diligence to comply with the same)— shall be guilty of an offence against this Act. 896 1958. Health. No. 6270 (8) The council in any case where any order has been made under this section may— (a) enter the premises to which the order relates and abate the nuisance and do whatever is necessary in the execution of such order; and (b) recover the expenses incurred by it from the person on whom the order is made.
Persons 45. (1) Any person who alleges that a nuisance exists may making complaint ol notify the allegation to the council. nuisance. No. 6024 s. 45. Proceedings (2) If the council does not within a reasonable time cause the thereon. nuisance to be abated such person may make complaint to a justice of the existence of the nuisance and such justice may summon the person alleged to be the author of the nuisance to appear before a court of petty sessions; and thereupon the like proceedings shall be had with the like incidents and consequences as to making of orders penalties for disobedience of orders and as to costs and expenses and otherwise as in the case of a complaint made by the council relating to a nuisance: Provided that the court may authorize any member of the police force or any other person to do all necessary acts for executing an order made under this section and to recover the costs and expenses from the person on whom the order is made. (3) Any member of the police force or other person authorized under this section shall have the like powers as if he were an officer of the council. (4) Where the court is satisfied that the person making a complaint under this section had reasonable grounds for doing so the court may order the council to pay any costs and expenses incurred by such person. (5) The court may order any person whose complaint appears to it to be frivolous or vexatious to pay the costs and expenses incurred by the person who has answered the complaint.
Proceedings 46. (1) In any case where it appears that a nuisance existing when nuisance within a municipal district is wholly or partly caused by some act caused outside district. default or sufferance outside the municipal district the council may No. 6024 s. 46. make any investigation and take any proceedings against any person in respect of such act default or sufferance in the same manner and with the same incidents and consequences as if the act default or sufferance causing the nuisance occurred wholly inside the municipal district of such council. (2) Summary proceedings shall not in any such case be had otherwise than before a court having jurisdiction in the district where the act default or sufferance occurs. 1958. Health. No. 6270- 897 47. The Governor in Council may make regulations for or Regulations With respect tO-^ nuisances. No. 6024 s. 47. (a) regulating the sending forth of smoke from chimneys (including funnels of vessels but not including chimneys of private dwellings); (b) preventing the over-crowding of persons in houses factories or trade premises (including the prescribing of the number of persons permitted to be therein having regard to the amount of floor-space air-space or ventilation); (c) the prevention of the storage or keeping of bonedust or any artificial or other manure so as to be a nuisance or dangerous to health or offensive; (d) the prevention of danger to the public from the storage or keeping of inflammable materials; (e) the removal and destruction of diseased dying or dead animals found in any building or premises or on any land street or thoroughfare; (/) the prevention of the use of steam-whistles or like appliances at factories or other premises so as to be a nuisance; (g) the prevention and abatement of nuisances (whether specified in this Act or not); and
(h) generally, carrying into effect the purposes of this Part.
PART IV.—GENERAL SANITARY PROVISIONS. DIVISION 1. REFUSE. NIGHT-SOIL, AND SANITARY CONVENIENCES. 48. (1) The council of every city or town shall and the council to f council of every borough or shire may and (when required by the reSo'vairefuse. of Commission) shall undertake or contract for the efficient execution No. 6024 a. 48. of the following works within its municipal district or any specified part of its municipal district:— (a) The removal of house and trade refuse and other rubbish from premises and the collection thereof; (6) The sweeping cleansing and watering of streets (including foot pavements) and the collection of and removal therefrom of all refuse and rubbish; (c) The disposal of refuse and rubbish aforesaid so as not to be a nuisance or dangerous to health; (d) The providing in proper and suitable places of receptacles for the temporary deposit and collection of refuse and rubbish; and VOL. in.—29 898 1958. Health. No. 6270 (e) The providing of suitable places works buildings plant machinery and appliances within or (with the sanction of the Governor in Council) outside of its municipal district for the inoffensive disposal or destruction of refuse and rubbish. (2) It shall not be lawful to deposit refuse or rubbish in any place where it may be a nuisance or dangerous to health.
Powers and duties of 49. The council of every city or town shall and the council councils. of every borough or shire may and (when required by the No. 6024 s. 49. Commission) shall— (a) provide for the collection removal and disposal of night-soil produced in its municipal district or any specified part of its municipal district; and for the proper cleansing of sanitary conveniences; (b) provide places within or (with the consent of the Governor in Council) outside of its municipal district for the reception and proper efficient and sanitary disposal of such night-soil; (c) provide such works buildings machinery plant and appliances and use such processes as are necessary for destroying or rendering inoffensive such night-soil; (d) establish a sealed double-pan or other system approved by the Commission for the sanitary service of its municipal district or any specified part thereof and discontinue the use of the single-pan system for the service of its municipal district or any specified part thereof; (e) provide sanitary conveniences for the accommodation of the public; and provide for the cleansing and maintaining in a sanitary state of all sanitary conveniences under the control and management of the council; and (/) provide for the supply to occupiers of premises at a reasonable cost of disinfectants and deodorants for use in sanitary conveniences on such premises.
Duty of sewerage 50. (1) Notwithstanding anything in this or in any other Act authorities to it shall be the duty of every sewerage authority to provide for the provide for collection &c collection removal and disposal of night-soil from all pan closets on of night-soil within the all unsewered premises within the sewerage district of such sewerage district. sewerage authority. No. 6024 s. 50. Payment by council of (2) The council of any municipality shall in every year pay to sum &c. in respect of any sewerage authority which has so collected removed and collection &c. disposed of night-soil from the municipal district or any portion of night-soil by sewerage thereof of such municipality such sum or charge as is agreed upon authority. by such council and sewerage authority in respect of such collection 1958. Health. No. 6270 899 removal and disposal; and in default of agreement the sum or charge shall be determined by the Commission and such determination shall be final and binding. (3) Notwithstanding anything in this section hereinbefore ^1^|j 0 1 and remova1 0 f provided any sewerage authority and the council of any night-soi °l municipality may provide by agreement for the collection by the by council. council of night-soil from unsewered premises within such portion of the sewerage district as is within the municipal district and for the removal by the council of night-soil so collected to any place appointed by the sewerage authority.
Payment by (4) In any case where any agreement has been made pursuant council of sum &c. in to the last preceding sub-section the council shall pay to the respect of disposal of sewerage authority such sum or charge as is agreed upon in respect night-soil by only of the disposal by the sewerage authority of the night-soil sewerage collected and removed by the council; and in default of agreement authority. the sum or charge shall be determined by the Commission and such determination shall be final and binding. (5) Any such sewerage authority— se'wira'go40'of authority for (a) may pursuant to the powers for the taking on lease or 8,"^,^ the acquisition or purchase of land (whether by . agreement or compulsorily) conferred upon the sewerage authority by any Act by or under which the sewerage authority is constituted take on lease or acquire or purchase land for all or any of the following purposes:— (i) The reception treatment or disposal of any night-soil under this section; or (ii) The establishment and carrying on of any depot in connexion with such treatment and disposal of night-soil— and the said powers shall extend and apply accordingly; (b) may erect purchase provide and maintain all such buildings machinery plant and appliances as are necessary for the performance of any duty imposed or the exercise of any powers conferred by or under this section; (c) may use such processes as are necessary for the treatment disposal or destruction of night-soil and for rendering the same inoffensive; (d) may provide places within or (with the consent of the Governor in Council) outside of its sewerage district for the reception and proper efficient and sanitary disposal of such night-soil; 900 1958. Health. No. 6270 (e) may establish a sealed double-pan or other system approved by the Commission for the sanitary service of its sewerage district.
Powers of (6) The council of any municipality— councils under this section. (a) may enter into any agreement for the purposes of this section; (b) may apply the municipal fund or town fund (as the case may be) towards the payment of any expenses of the council under this section; and (c) may make and levy sanitary rates or make annual charges to provide for any payments to be made by the council under this section and for that purpose the provisions of sections sixty and sixty-one of this Act shall so far as applicable and with such alterations modifications and substitutions as are necessary extend and apply accordingly.
Application of (7) Any sewerage authority may apply its funds towards the funds of sewerage payment of any expenses of the sewerage authority under this authorities. section.
Hours for (8) In the exercise of any power conferred or duty imposed conveyance of night-soil. by or under this section night-soil may be conveyed through the municipal district of any municipality between the hours of midnight and eight o'clock in the morning and may be conveyed through the municipal district of any municipality at any other hour only with the consent of the council of such municipality.
Compensation (9) In the exercise of the powers conferred by this section to be made to persons every sewerage authority within the meaning of this section Injuriously affected by shall do as little damage as may be and shall make compensation exercise of powers under to all persons injuriously affected thereby; and in default of this section. agreement as to the amount of any such compensation the same shall be determined by arbitration under the Arbitration Act 1958. interpretation. (10) For the purposes of this section—
" Sewerage " Sewerage authority" means any sewerage authority authority?' within the meaning of the Sewerage Districts Act 1958, the Melbourne and Metropolitan Board of Works, and the Geelong Waterworks and Sewerage Trust. " Sewerage " Sewerage district" means— district." (a) in the case of a sewerage authority within the meaning of the Sewerage Districts Act 1958, the sewerage district of such authority; 1958. Health. No. 6270 901 (b) in the case of the Melbourne and Metropolitan Board of Works, the " metropolis" as defined by or under section three of the Melbourne and Metropolitan Board of Works Act 1958; and (c) in the case of the Geelong Waterworks and Sewerage Trust, the drainage area of the said trust as constituted pursuant to the provisions of section sixty-one of the Geelong Waterworks and Sewerage Act 1958. " Funds " means— ' Funds.' (a) in the case of any sewerage authority within the meaning of the Sewerage Districts Act 1958, the general fund of such authority; (b) in the case of the Melbourne and Metropolitan Board of Works, the Metropolitan General Fund; and (c) in the case of the Geelong Waterworks and Sewerage Trust, the Geelong Sewerage General Fund.
" Disposal" includes reception and treatment of night-soil ' Disposal.' and the cleansing and changing of pans.
Discontinu 51. (1) Notwithstanding anything in any Act— ance of certain night-soil (a) the Melbourne and Metropolitan Board of Works depots established by shall not continue to use any land referred to in the Melbourne this paragraph for the purposes of depositing or and Metropolitan spreading night-soil therein or thereon or for the Board of Works within treatment or disposal of night-soil by earth burial the metropolis. therein or thereon, namely— No. 6024 s. SI. (i) any of the land situate in the parish of Nunawading in the county of Bourke and formerly known as the Board's night-soil depot at East Burwood and any of the land situate in the parish of Keelbundora in the County of Bourke and formerly known as the Board's night-soil depot at Janefield (Bundoora); (ii) any other land within the metropolis used by the said Board for all or any of the purposes aforesaid on the twenty-third day of December One thousand nine hundred and twenty-six — after the publication in the Government Gazette of an Order of the Governor in Council prohibiting the use thereof by the Board for any of the purposes aforesaid; and 902 1958. Health. No. 6270
Restriction on (b) the said Board shall not (without the consent of the acquisition of land within Governor in Council) take on lease acquire or the metropolis for depots or purchase any land within the metropolis for any of sewerage farms. the purposes mentioned in the last preceding section of this Act or as a sewage farm; and
Sale and disposal of (c) where the said Board discontinues the use of any land land not hereinbefore referred to which has been acquired or used. purchased by it (whether before or after the twenty-third day of December One thousand nine hundred and twenty-six) for any of the purposes mentioned in paragraph (a) of this sub-section the Board may sell and dispose of or exchange such land; and the provisions of section two hundred and thirty-three of the Melbourne and Metropolitan Board of Works Act 1958 shall extend and apply with respect to the same accordingly. • Metropolis.- (2) In this section " metropolis " means metropolis as defined by or under section three of the Melbourne and Metropolitan Board of Works Act 1958.
Regulation of 52. (1) No person shall place deposit or spread or cause use of night- sou. permit or suffer to be placed deposited or spread in or on any land No. 6024 s. 52. within any city town or borough or within any shire or part of a shire to which this sub-section applies any night-soil (whether mixed with other substances or not) or any liquid mixture of night-soil.
The provisions of this sub-section shall apply to any such shire or part thereof as the Governor in Council by Order on the recommendation of the Commission directs. (2) No person shall (except with the written consent of the council) place or cause permit or suffer to be placed in any land within any shire or part of a shire to which sub-section (I) of this section does not apply any night-soil (whether mixed with other substances or not) or any liquid mixture of night-soil unless the same has been thoroughly deodorized and is so placed as to comply with the regulations.
Placing night- (3) Every person who spills casts throws puts down or soil in street 4c. an deposits or causes permits or suffers to be spilt cast thrown put offence. down or deposited any night-soil into or upon any street tramway channel tunnel footway lane or any land or place other than a place duly authorized for the purpose shall be liable to a penalty of not less than Five nor more than Fifty pounds or to imprisonment for a term of not more than six months, and for any subsequent offence to a penalty of not less than Ten pounds or to imprisonment for a term of not more than twelve months. 1958. Health. No. 6270 903 53. Every person who— Penalty for * *• throwing (a) throws casts or discharges or causes permits or suffers or placing it to be thrown cast or discharged any night-soil into "treams&c. any river creek stream channel lake lagoon swamp NO.6024S.53. or waterhole; or (b) places or causes permits or suffers to be placed any night-soil on any land whence the same may by any natural means be carried into any river creek stream channel lake lagoon swamp or waterhole— shall be liable to a penalty of not less than Ten nor more than One hundred pounds or to imprisonment for a term of not more than six months or both, and for any subsequent offence to a penalty of not less than Twenty pounds or to imprisonment for a term of not more than twelve months or both.
54. Every person who— Removal of J r receptacle i (a) without authority from the council or the owner offenceauthorit. y an removes from the closet or premises of any person No. 6024 8. 54. any receptacle for night-soil; or (b) without authority from the council throws casts or Placing discharges or causes or permits or suffers to be m"ettervin thrown cast or discharged any filthy or offensive offence*0" ^ matter whatsoever on any street road or footpath or into any drain gutter or water channel or so that the same may by any natural means be carried into any drain gutter or water channel— shall be liable to a penalty of not less than Five nor more than Twenty pounds or to imprisonment for a term of not more than three months.
55. (1) Every building— sanitary % ' J ° conveniences (a) used as an office shop warehouse or factory; Or buildings. .,..,., , , . , , .No. 6024 s. S5. (b) in which persons are employed or intended to be employed in any trade; or (c) in which more than twenty persons are usually or occasionally gathered at one time— shall be provided with such suitable sanitary conveniences in such numbers as are prescribed. (2) When it appears to the council that the provisions of this section are not complied with the council shall by notice require the owner of the building within a time therein specified to provide such sanitary conveniences as are necessary to comply with this section. 904 1958. Health. No. 6270
Sanitary 56. No person shall undertake or carry on any building conveniences in connexion engineering or other work necessitating the employment of with works. workmen unless there are provided for the use of the workmen No. 6024 8. 56. suitable sanitary conveniences to the satisfaction of the council.
Power of 57. (1) The owner of land whereon there is a cesspool shall council to abolish upon being required by notice from the council fill up the same cesspools. No. 6024 s. 57. within a time specified in the notice. New (2) No person shall construct any cesspool for the reception underground cesspools for of night-soil below the ground in any city town or borough or in night-soil forbidden. any shire except within such portion (if any) of such share as is specified by the council.
Houses to have privies. 58. (1) All houses not otherwise provided according to law No. 6024 s. 58. with the means of disposing of night-soil shall have attached to them such earth-closets or privies with proper doors and coverings and sufficient ventilation and so constructed as in the opinion of the council are sufficient for such houses respectively; and if at any time it appears to any council that any house within its jurisdiction, whether built at any time before or after the commencement of this Act, has not a sufficient earth-closet or privy with proper doors and coverings and sufficient ventilation, and the owner or occupier on notice to that effect from such council does not erect such sufficient earth-closet or privy with proper doors and coverings and sufficient ventilation in the time to be named in such notice, such owner or occupier shall be liable to a penalty of not more than Five pounds per day for every day during which such notice is not complied with, and such council may cause a privy or earth-closet with proper doors and coverings and sufficient ventilation to be erected at the expense of such owner or occupier. (2) In this section " earth-closet" means a seat similar to the seat of a privy and having underneath a bucket or receptacle for night-soil, with convenient apparatus for the supply of as much dry powdered earth or other deodorizing material as will completely cover the night-soil every time the closet is used by any person. Power to councils to 59. Whenever a council adopts a system of pans for night-soil, supply receptacles. interchangeable or otherwise, or whenever a council undertakes or No. 6024 s. 59. contracts for the collection removal and disposal of refuse or rubbish the council may— (a) supply the necessary pans or receptacles; and (b) charge a reasonable price for the same.
Rate for the removal of 60. (1) For the purpose of providing for the proper collection rubbish and removal and disposal of refuse and rubbish or of night-soil or of night-soil. refuse rubbish and night-soil any council may as occasion requires No. 6024 s. 60. make and levy a rate to be called a " sanitary rate " in respect of 1958. tietilth. No. 6270 905 all or any rateable properties in the municipal district but so that the total amount of such rate shall not in any year exceed Ninepence in the pound of the net annual value of such properties. (2) Such rates shall be subject to the provisions of the Local Government Act 1958 as to general rates: Provided that— (a) the council may direct that the minimum amount payable in respect of any one separate tenement shall not be less than Ten shillings; and (b) rates may be made and levied under this section notwithstanding any statutory limit of general rates.
rl 61. (1) Instead of making and levying a rate as aforesaid J*j£ h° any council may make an annual charge for the proper collection in lieu of removal and disposal of refuse and rubbish or of night-soil or of NTJOM S ei refuse rubbish and night-soil and may make and levy any such charge for the collection removal and disposal of refuse and rubbish notwithstanding that the occupier of any premises does not avail himself of the service provided. (2) Such charge shall be levied on the occupiers or owners of the several tenements in respect of which the services for which the charge is made are rendered or are available; and may be recovered by the council in the same way as general rates are recoverable under the Local Government Act 1958. (3) In the case of tenements erected during any year the charge shall be such Sum as will proportionately represent the period between the occupation of the tenement and the end of the year.
62. All refuse rubbish and night-soil collected by a council Or Disposal of its contractor shall vest in the municipality and may be destroyed refuse&c- or after it has been rendered inoffensive by prescribed method No. 6024 8. 6Z may be sold or otherwise disposed of.
63. Where a council has undertaken Or contracted for the Procedure collection removal and disposal of refuse rubbish or night-soil the council following provisions shall apply:— wort?"1"1 (1) The work shall be executed promptly efficiently and at N0,6024ltt regular and prescribed intervals; (2) If in respect of any premises default is made in so executing any such work the occupier of the premises may serve notice thereof on the council; (3) If notice is served as aforesaid— (a) the council shall forthwith inform the contractor (if any); and 1958. Health. No. 6270 (b) unless within forty-eight hours after service of the notice the requisite work is done and the cause of complaint is removed the person in default shall be guilty of an offence against this Act; (4) For the purposes of this section " the person in default " means the contractor if the work is being executed by contract or the officer in charge of the work if it is being executed by the council; (5) Every person who— (a) temporarily deposits or causes to be so deposited any refuse or rubbish on any premises except in a proper and suitable receptacle provided for the purpose; or (b) without the written consent of the council collects or removes any refuse rubbish or night-soil from any premises; or (c) wilfully or negligently damages any works buildings machinery plant appliances or receptacles provided under this Division— shall be guilty of an offence against this Act: Provided that the occupier or owner of any premises shall not be liable to a penalty under paragraph (a) or (b) of this sub-section by reason only of himself collecting and removing or destroying using selling or disposing of any refuse or rubbish produced on the premises— (a) if in so doing he complies with any regulations relating thereto and takes sufficient precautions to the satisfaction of the council to prevent the creation of any nuisance or anything dangerous to health or offensive; and (b) if he has obtained the written consent of the council to his so doing. 64. (1) The Commission may make such orders as it thinks fit for improving the condition of or for closing and prohibiting the further use of any place works or buildings for the reception utilization disposal or deposit of refuse rubbish or night-soil. (2) Every person who deposits or utilizes any refuse or rubbish or night-soil contrary to any such order shall be guilty of an offence against this Act. (3) Where the Commission makes an order prohibiting the further use of any such place works or buildings it may also in any case where refuse or rubbish has been deposited on land order that the surface of such land shall be covered with a layer of clean earth not less than nine inches in depth. 1958. Health. No. 6270 907
(4) The owner of such place works or buildings and any person or council by whom or which such place works or buildings have been used shall carry out any order of the Commission under this section.
DIVISION 2. SEPTIC TANK SYSTEMS. 65. (1) No person shall install a septic tank system except as installation of provided in this section. septic tanks. r No. 6024 s. 65.
(2) Subject to sub-section (8) of this section any person who Application desires to install a septic tank system shall— c°unciiade ,0 (a) make application in writing to the council for its approval; (b) with the application supply plans and specifications and particulars of the proposed works and a full description of the proposed means for treating the effluent; (c) supply such further or other information as the council requires; and (d) pay to the council a fee of One pound for the examination of such plans specifications particulars and description.
(3) The council may (with or without modifications or pOWersoi conditions) approve of the plans and specifications and of the council- means for the treatment and disposal of the effluent; or may refuse to grant the application. (4) Without affecting the generality of the other provisions of site and area this section the council may refuse to grant the application if the to be suitable- site of the proposed works is unsuitable or if the area available for the treatment or disposal of the effluent is not sufficient.
(5) The works shall not be commenced without the written Provisions as approval of the council. to works- (6) Every person who contravenes or fails to comply with Penalty, this section shall be guilty of an offence against this Act.
(7) No council shall install any septic tank system without Septic tank the consent in writing of the Commission, installed by councils. (8) Any person who desires to install any septic tank system septic tank in or in connexion with any public building shall submit plans and ffi™ ,n specifications to the Commission for its approval and any approval buildings, of such plans and specifications by the Commission shall without affecting any other rights obligations or duties of the council be deemed to have been given by the council. 9Q8 1958. Health. No. 6270
DIVISION 3. PLUMBING AND GAS-FITTING. Regulations as 66. (1) The Governor in Council mav make regulations for ™^tarauontlon or with respect to— &c. of gasSuSS.™1'1 (fl) prescribing for the purposes of this section classes of No. 6024 s.«. plumbing work; (b) the training examination registration and annual renewal of registration of plumbers in respect of any prescribed class or classes of plumbing work and of gas-fitters: (c) the registration as plumbers in respect of any appropriate prescribed class or classes of plumbing work or as gas-fitters (as the case may be) without examination of— (i) any person registered as a plumber or as a gas-fitter under the Health Act 1928 or any corresponding previous enactment or as a plumber under any regulations made pursuant to the Health Act 1931; or (ii) any person who at the commencement of the Health Act 1935 was licensed as a plumber by any sewerage authority or by any water supply authority; (d) the appointment of a board to be known as the " Plumbers and Gas-fitters Board " and consisting of nine members of whom— (i) two shall be appointed as representing the body known as the Master Plumbers Association; (ii) two shall be appointed as representing the body known as the Plumbers and Gas-fitters Union; (iii) two shall be appointed as representing sewerage authorities; (iv) one shall be appointed as representing the body known as the National Gas Association of Australia; (v) one shall be appointed as representing the Department of Health; and (vi) one shall be appointed as representing the Technical Schools— and the powers and duties of such board (including power to appoint and remove examiners or bodies of examiners for applicants for registration as plumbers in respect of plumbing work of any 1958. Health. No. 6270 909 prescribed class or classes or as gas-fitters and power to define the functions and duties of inspectors for the purposes of this and the next succeeding section); (e) the appointment of a registrar and his duties and powers and the keeping of a register of plumbers and of gas-fitters and the particulars which are to be entered therein; (/) the removal of names from and the restoration of names to the register; (g) prescribing fees— (i) not exceeding Thirty shillings to be paid by any applicant for examination; (ii) not exceeding Five shillings to be paid in respect of his application by any applicant for registration who is not required by the regulations to pass an examination; and (iii) not exceeding Ten shillings to be paid on registration or renewal of registration: Provided that an additional fee not exceeding Ten shillings may be prescribed in respect of the renewal of any registration in any case where such renewal is not applied for within one month after the previous registration has expired; (h) the application of such fees to the payment of expenses connected with examinations and to the expenses of the Board; (i) the appointment subject to the Public Service Act 1958 of inspectors for the purposes of this and the next succeeding section; and (/) prescribing any matters authorized or required by or under this section to be prescribed or necessary or expedient to be prescribed for carrying into effect the objects of this section. (2) Where the registration or renewal of registration of any Appeals to person as a plumber or as a gas-fitter or the registration of SsJjStSS! any person as a plumber in respect of any prescribed class or classes of plumbing work or the restoration of the name of any person to the register has been refused, or where the name of any person has been removed from the register, such person may within the prescribed time and in the prescribed manner appeal to a stipendiary magistrate against such refusal or removal, and the decision of such stipendiary magistrate shall be final and effect shall be given thereto accordingly. '910 1958. Health. No. 6270
No (3) Every person who in any part of Victoria to which this unregistered person except section applies engages in or undertakes plumbing or gas-fitting apprentices &c. to do work unless he is registered as a plumber in respect of the work of plumber or appropriate class of plumbing work or (as the case may be) as a gas-litter. gas-fitter, or who employs as a plumber or gas-fitter a person who is not so registered shall be guilty of an offence against this Act: Provided that this sub-section shall not apply to— (a) any person bound by indenture of apprenticeship under the provisions of the Apprenticeship Act 1958 or the Labour and Industry Act 1958 to an employer carrying on the trade or occupation of plumber or of gas-fitter; or (b) any improver within the meaning of the Labour and Industry Act 1958 employed in the trade or occupation of plumber or of gas-fitter— in any case where such person so bound or such improver is employed in plumbing work or in gas-fitting under the continuous supervision or control of a person registered as a plumber in respect of the appropriate prescribed class or (as the case may be) as a gas-fitter. (4) Any plumber or gas-fitter who carries out or any employer who permits to be carried out any work which— (a) is defective in material or workmanship; or (b) does not comply with the requirements of this Act or of the regulations or by-laws thereunder or of any by-laws or regulations of a sewerage authority water supply authority or gas supply authority— shall be guilty of an offence against this Act.
Interpretation. (5) In this section unless inconsistent with the context or subject-matter— " Gas-fitting ' " Gas-fitting" means work in connexion with the installation of pipes fittings or apparatus in or on premises for lighting cooking domestic hot-water supply heating industrial uses or motive power by means of coal gas air gas oil gas or similar agencies; " Gas-fitter.-' and " Gas-fitter " has a corresponding interpretation. " Gas suppl> " Gas supply authority" has the like meaning as authority. ' " Undertaker" has in section three of the Gas Regulation Act 1958.
' Plumber. " Plumber " means a person engaging in or undertaking plumbing work.
" Plumbing " Plumbing work " means plumbing work of any prescribed work." class or classes. 1958. Health. No. 6270 911 " Sewerage authority" means any Sewerage Authority " Sewerage with the meaning of the Sewerage Districts Act 1958 au?hority" the Melbourne and Metropolitan Board of Works and the Geelong Waterworks and Sewerage Trust. " Water supply authority " has the like meaning as the "Water supply expression " Waterworks Authority" has in section authority-' three of the Sewerage Districts Act 1958 and (subject to the provisions of the Melbourne and Metropolitan Board of Works Act 1958) includes the Melbourne and Metropolitan Board of Works. (6) This section shall apply to all cities and towns and to all ^{ioSationo' areas and districts under the control of any sewerage authority and to any other part of Victoria to which the provisions of this section are extended by Order of the Governor in Council published in the Government Gazette, and not otherwise.
67. (1) No gas appliance or fitting shall be installed in any installation house or building or within the curtilage of any house or building appliances to or be altered or repaired except by or under the direct control or gutters. supervision of a person who is registered as a gas-fitter under the NO. WM s. 67. last preceding section of this Act. (2) Every person who installs or alters or repairs any gas Penalty, appliance or fitting in contravention of the provisions of this section shall be guilty of an offence against this Act. (3) In this section unless inconsistent with the context or subject-matter— " Gas appliance or fitting " means any domestic type - o^ appliance or fitting in which heat or light is generated f^Ji8"" or by gas supplied by a gas supply authority or any other gas prescribed for the purposes of this definition by the regulations made under this section. (4) The Governor in Council may make regulations for or Regulations. with respect to prescribing gases for the purposes of this section.
DIVISION 4. (a)—OFFENSIVE WATER-COURSES, ETC. 68. Where any river (whether tidal or otherwise) creek stream offensive water-course or open ditch or channel, being near to or on the &a'oncourses boundaries of two or more municipal districts or running into two ^^fpaf of or more municipal districts, is foul or offensive or out of repair or districts &c. otherwise defective the provisions of this Division shall apply. N°-60u s-6&
(a) This Division does not apply to rivers, creeks, or water-courses to the extent to which the same are under the management and control of the Melbourne and Metropolitan Board of Works under the Melbourne and Metropolitan Board of Works Act 1958. See section 275 of that Act. 912 1958. Health. No. 6270
Power to 69. (1) The Commission may require the councils of the said Commission to require municipal districts to show cause why an order should not be made councils to show cause. under this Division directing them or any of them to cleanse the No. 6024 s. 69. river creek stream water-course ditch or channel and remedy all defects affecting the same and prohibiting the recurrence of any such defects.
Orders by (2) After hearing the councils or giving them an opportunity Commission. of being heard and after making such inquiry as it thinks necessary the Commission may by order— (a) specify the works that are in its opinion necessary in order to effectually cleanse the river creek stream water-course ditch or channel and to remedy all defects in the same and to effect any requisite structural or non-structural improvements to the same; (b) direct one of the councils to execute the whole of the works or apportion the works and the execution thereof between two or more of the councils; (c) direct one of the councils to pay the whole cost of the works or apportion the cost between two or more of the councils; (d) prohibit the recurrence of the defect; and (e) give such other directions in the premises as it thinks fit.
Variation of 70. Any order of the Commission under this Division— orders. No. 6024 s. 70. (a) may be revoked rescinded amended or varied by subsequent order made by the Commission on the application of the councils or any of them and after the parties have had an opportunity of being heard; and (b) shall according to its tenor bind all the councils concerned.
Execution of 71. (1) The Commission may appoint an engineer or other works. competent person to supervise the execution of the works, and No. 6024 s. 71. the expenses of such supervision shall be deemed to be part of the cost of the works. (2) The works shall be executed with all reasonable diligence and to the satisfaction of the Commission.
Water-courses 72. (1) The jurisdiction of the Commission under this &c. not under control of Division shall not be affected by the fact that independently of council. this Division the river creek stream water-course ditch or chafinel No. 6024 8.72. would not be under the control of the council executing the work or of any of the councils. 1958. Health. No. 6270 m
(2) If, independently of this Division, any person (other saving of than a municipality or council) would be liable in law to cleanse liabilities. the river creek stream water-course ditch or channel or to keep the same in repair or would be responsible in law for the defects the council executing or by order under this section directed to execute any work under this Division shall be entitled to recover from such person the whole or a duly proportionate part of the costs and expenses incurred by it under this Division.
DIVISION 5. SEWERS AND DRAINS. 73. Every council shall cause all sewers and drains which are Management under its control and management to be so constructed and kept drains under as not to be a nuisance or dangerous to health or offensive. £>uSrol of No. 6024 s. 73. 74. (1) In case it is necessary for the proper drainage of any Drains or land street lane right-of-way yard passage private premises or other m"deersth!rough! place that drains or sewers should be made through or under any premises. one or more private premises whether occupied or not, it shall be NO.6024S.74. lawful for the council to make an order on the owner or owners of such premises requiring such owner or owners to permit the formation of such drains or sewers through or under such premises, and after the expiration of one month from the making of such order the council may form or make through or under such premises such drains or sewers as may in the opinion of the said council be necessary for the proper drainage of any such land street lane right-of-way yard passage private premises or other place as aforesaid: Provided that such drains or sewers shall be made and maintained in good order so as not to be a nuisance or injurious to health.
(2) Where the council has under the powers conferred by this section formed or made any drain or sewer through or under private premises, there shall be paid by the said council to the owner or owners of such premises such equitable compensation as is agreed upon between such owner or owners and the said council, or as in case of dispute may be awarded on appeal by either side to the next practicable court of general sessions of the peace held for the district in which such council has jurisdiction, which court may make such order as it thinks fit as to the costs of such appeal. (3) The amount of compensation so paid and all costs and expenses incurred by the said council together with the cost of forming or making any drain or sewer under the provisions of this section shall, in the case of the drainage of any land yard passage or other premises, be repaid to the said council by the owner of the land yard passage or other premises for the drainage of which such drain or sewer has been formed or made, or if there is more than one owner then such compensation and expenses shall be 914 1958. Health. No. 6270
repaid to the said council by such owners in such proportions as may be fixed by the said council; and in the case of the drainage of any street lane or right-of-way, such compensation and expenses shall be repaid to the said council in such proportions as may be fixed by the said council by the owner or owners of the land or premises fronting adjoining or abutting on such street lane or right-of-way; and such compensation and expenses shall be recoverable by the said council from such owners in the manner hereinafter mentioned.
Reasonable compensation; 75. When any council has formed or made any drain sewer or how right-of-way through or under any private premises or when any determined. No. 6024 B. 75. council takes any private land for any purpose whatever, reasonable compensation may in case of dispute be settled under the provisions of the Lands Compensation Act 1958 as in this Act provided in reference to the compensation payable for the removal and destruction of houses or buildings erected on land having sanitary defects.
Management 76. (1) All houses within the jurisdiction of a council shall of drains on private have such drains leading to such sewers or other places and having premises. such a fall and constructed of such materials and in such manner No. 6024 s. 76. as such council by notice directs. (2) No drain shall without the written consent of the council be made under any house or under the surface of any yard or premises; and such council may in the case of there not being any sufficient drain to any house or premises within its jurisdiction (whether erected at any time before or after the commencement of this Act) cause an order to be served on the occupier or owner to construct a drain of such a nature and description as such council thinks necessary and describes in such order.
DIVISION 6. POLLUTION OF WATER. interpretation. 77. In this Division unless inconsistent with the context or No. 6024 s. 77. subject-matter—
" Source of " Source of water supply" includes any stream spring water supply.' reservoir or well rf the water therein or therefrom is or is likely to be used for drinking purposes by man or for domestic purposes or for any purpose in connexion with the preparation manufacture or sale of food or in connexion with a dairy-farm or dairy.
' Stream." " Stream " includes river creek stream water-course lake lagoon swamp marsh or open irrigation or water supply channel. 1958. Health. No. 6270 915
78. The rights powers and duties conferred or imposed on the Exercise of Commission or any council (as the case may be) by this Division this Division, may be exercised— No. 6024 s. 78. (a) in the case of the Commission, in any part of Victoria; and (b) in the case of a council, within the municipal district.
79. (1) Where any source of water supply or any water Powers of therein or therefrom is so polluted as to be dangerous to health the arXrouS. Commission or any council for the purpose of preventing such No. 60243.79. pollution shall have all such rights as it would have if it were a riparian proprietor, and may take any proceedings to enforce such rights. (2) The Commission or any council may prevent the pollution of sources of water supply and of any water therein or therefrom.
80. (1) Where a medical practitioner certifies in writing that Power to any reservoir well or other like source of water supply is so wefis &°Uuted polluted that the water therein or therefrom is unwholesome or No. 6024 s. so. unfit for any of the purposes specified in this Division the council may and, when required by the Commission, shall by order in writing direct that such source of water supply be closed; and such order shall remain in force until revoked by the Commission. (2) Every person who (while any such order remains in force) uses or causes to be used any water in or from such source of water supply for any of the purposes specified in this Division shall be guilty of an offence against this Act.
81. (1) Any council may and, when required by the Prevention Commission, shall cause to be posted and kept posted in the SnimeaiPsaneabry u e s neighbourhood of any source of water supply a notice prohibiting wa ter s Uppiy. animals from being within such distance from the source of water NO. 6024 S. SI supply as is specified in the notice. (2) Every person who causes permits or suffers any animal to be within the distance so specified from such source of water supply shall be guilty of an offence against this Act; and the council may cause any such animal to be seized and to be sold or destroyed.
82. (1) A person shall not— Approval of Commission (a) establish re-establish or materially extend any trade nefessary to ,. . 1 • , . , -C ... , J , means of business or undertaking which is likely to produce ^^Iru1' any liquid or solid waste which may enter or flow disnosing'of' J ^ . . . J , industrial or pass or seep into any stream or any source of waste nkeiy water supply; w'atw'suW No. 6024 s. 8i 1958. Health. No. 6270
(Z>) alter any system of disposal of liquid or solid waste produced in the course of any trade business or undertaking which enters or flows or falls or passes or seeps into any stream or any source of water supply or alter any such system so as to cause or permit any such waste to so enter flow fall pass or seep; (c) cause or permit any liquid or solid waste produced in the course of any trade business or undertaking (which is after the commencement of the Health {Amendment) Act 1954 established re-established materially extended or so altered) to enter or flow or fall or pass or seep into any stream or source of water supply— unless provision is made for the purification or satisfactory disposal of such waste by means approved by the Commission in writing. (2) Applications for approval under this section shall be made in writing in triplicate and each copy shall be accompanied by— (a) a plan showing the site and extent and (where applicable) the proposed site and extent of the business trade or undertaking concerned; (b) particulars as to the nature and quantities of the wastes likely to be produced; and (c) particulars as to the means proposed to be adopted for purifying and disposing of such wastes. (3) On receipt of such apphcation the Commission shall refer— (a) to— (i) the State Rivers and Water Supply Commission; or (ii) the Melbourne and Metropolitan Board of Works where the stream or source of water supply concerned is under the jurisdiction of that Board; or (iii) the Geelong Waterworks and Sewerage Trust where the stream or source of water supply concerned is under the jurisdiction of that Trust; and (b) to the Director of Fisheries and Game— a copy of such application together with a copy of the accompanying plan and documents. (4) If within the period of one month after receipt of a copy of such application the State Rivers and Water Supply Commission or the said Board or Trust (as the case may be) or 1958. Health. No. 6270 917 the Director of Fisheries and Game submits to the Commission a report (which may include any objections or recommendations which it or he thinks proper to make on the application) the Commission shall consider such report. (5) At the expiration of such period, or sooner if all relevant reports have been submitted, the Commission, after considering any reports or report duly submitted, shall— (a) approve the application with or without such modifications or subject to such conditions as it thinks fit; or (b) refuse to approve the application: Y Provided that the Commission shall refuse to approve the 0^{*ion application in any case where approval would be contrary to the provisions of Part XVI. of this Act.
(6) Nothing in this section shall apply to or in respect of Non: application any wastes which or which may seep or flow or pass by natural of section, means into the Latrobe River (as defined in the Latrobe Valley Act 1958).
DIVISION 7. ANIMALS. 83. (1) Every sewerage authority which permits suffers or Penalty for allows any cattle, which are grazing on or are upon any land used cattiTfrom by such sewerage authority for the purposes of depositing or sewerage spreading night-soil or sewage, to be removed from such land shall, ^pPm unless such cattle are forthwith destroyed and disposed of certain cases, otherwise than for human consumption, be guilty of an offence N0-6024"-83- against this Act and shall be liable to a penalty of Ten pounds for each head of cattle so removed but nothing in this sub-section shall apply in respect of cattle (other than pigs) grazing on any such land in any case where— (i) such cattle are removed for immediate slaughter at an abattoir situate in the Melbourne metropolitan area and registered as a meat export establishment by the Commonwealth Department of Commerce and Agriculture and after such removal and until so slaughtered are kept segregated from other animals; and (ii) the carcasses of such cattle are inspected and branded as prescribed: Provided that in any case where inspection discloses the presence of the disease cysticercus bovis, in viable state, the carcass shall be condemned as being unfit for human consumption. 918 1958. Health. No. 6270
Penalty for (2) Every person (other than a sewerage authority) being the allowing cattle to graze on owner or occupier of any land used for the purposes of depositing certain land. or spreading night-soil or sewage who permits suffers or allows any cattle to graze on or be upon such land shall be guilty of an offence against this Act.
Interpretation. (3) For the purposes of this section— " Cattle." " Cattle " means any bull cow ox steer heifer calf or pig. " Night-soil." " Night-soil" does not include night-soil which has been purified to the prescribed standard. " Sewage.' " Sewage" does not include sewage which has been purified to the prescribed standard. " Sewerage " Sewerage authority" means any sewerage authority authority." within the meaning of the Sewerage Districts Act 1958, the Melbourne and Metropolitan Board of Works and the Geelong Waterworks and Sewerage Trust.
Regulations. (4) The Governor in Council may make regulations for or with respect to prescribing standards of purification for night-soil and sewage for the purposes of this section and for or with respect to the sale and disposal of cattle and the inspection and branding of carcasses for the purposes of this section.
Application of three 84. (1) The provisions of the next three succeeding sections succeeding sections. shall apply to every city town and borough. No. 6024 s. 84. (2) The Governor in Council on the recommendation of the Commission may by proclamation extend and apply all or any of the provisions of the said sections to any shire or part of a shire.
Prohibition of keeping swine 85. (1) No person shall keep or permit or suffer to be kept within certain limits. any swine or any pig-sty— No. 6024 s. 85. (a) within the limits fixedb y by-law of the council as being the limits within which it shall be unlawful to keep swine; (b) within one hundred feet of any house; (c) on any butcher's business premises; (d) in on or about any abattoir or slaughter-house unless such swine are intended for immediate slaughter; or (e) so as to be a nuisance or dangerous to health or offensive. Keeping of (2) No person shall in on or about any butcher's business sheep and cattle on premises keep or permit or suffer to be kept any sheep or cattle butchers' business unless the premises are registered as an abattoir or slaughter-house premises. and the sheep or cattle are intended for immediate slaughter. 1958. Health. No. 6270 919 (3) The proprietor occupier or person in charge of any Poultry and .abattoir or slaughter-house shall not allow permit or suffer to abattoirs. be in or to remain in such abattoir or slaughter-house— (a) any poultry; or (b) any dog unless such dog is kept locked up or chained or efficiently muzzled except when being used for yarding purposes. (4) No person shall feed any swine upon or permit or suffer swinenotto any swine to feed upon or have access to— olai &2.n (a) any offal unless such offal has been first thoroughly cleansed and boiled for at least one hour; (b) any manure filth night-soil or other refuse matter; or (c) any part (whether raw or cooked) of the carcass of a diseased animal. (5) Notwithstanding anything in this section in any shire the Powers of council may grant written permission to any occupier or person in £"£$"(*»* charge of any abattoir or slaughter-house to keep swine on swine?"of condition that they are kept at such distance from any abattoir or slaughter-house and in such manner as the council directs. (6) In this section "offal" includes any part of an animal Meaning of -carcass and also includes blood. "offai.- (7) Every person who contravenes or fails to comply with any offence, of the provisions of this section or with the conditions of any permission thereunder shall be guilty of an offence against this Act. 86. All stables pig-sties poultry-yards or other premises on premises on which animals or poultry are kept shall be in accordance with the Treke^'obi? requirements of this Act; and in case any such premises are not „!§? JCMS? gu ns in accordance with any of such requirements the owner or ™ ^° 0 -occupier of the premises shall be guilty of an offence against this No. 6024 s. 86. Act.
87. The Governor in Council may make regulations for or Regulation3 nvith respect to— as to r destruction &c (a) the catching or destroying of rats and mice; miceWand (b) the removal or improvement of conditions likely to No.6024s. 87. favour the harborage or multiplication thereof; (c) prescribing measures (including structural arrangements and alterations) to be taken so as to exclude rats and mice from any specified classes of places or buildings; (d) the disposal of the carcasses of rats and mice; and (e) generally, prescribing any matters or things necessary or convenient to be prescribed in connexion with the foregoing matters or any of them. 920 1958. Health. No. 6270
Governor In 88. (1) The Governor in Council may from time to time make Council may make orders alter and repeal such Orders as may seem to be necessary for the prohibiting or regulating purpose of prohibiting or regulating the introduction into Victoria importation and transport from any country state or colony or part of a country state or of animals &c. colony (in which respectively any disease in sheep cattle horses No. 6024 s. 88. dogs swine or other animals of the same or any other kind or kinds whatsoever is known to exist) and for the detention in quarantine in such place and for such period as the Governor in Council by such Order appoints or directs of all sheep cattle horses dogs swine or other animals of the same or any other kind or kinds whatsoever, or of meat skins hides horns hoofs or other parts of any animals, or of hay straw fodder or other articles likely to propagate amongst men or other animals any infectious or contagious disease whatsoever. (2) The Governor in Council may also from time to time make such Orders as seem necessary for the purpose of prohibiting or regulating the removal to or from such parts or places within Victoria as are designated in any such order of all sheep cattle horses dogs swine or other animals of the same or any other kind whatsoever, or of meat skins hides horns hoofs or other parts of any animals, or of hay straw fodder or other articles likely to propagate amongst men or other animals any infectious or contagious disease whatsoever; and may from time to time revoke alter and repeal any such Order. (3) All Orders for any of the purposes hereinbefore in this section mentioned shall have the like force and effect as if the same had been inserted in this Act; and all persons offending against any Order made under the authority of this section shall for each and every offence be liable to a penalty of not more than Fifty pounds or such smaller sum as the Governor in Council may in any case by such Order direct and such sum shall go to and form part of the Consolidated Revenue. (4) Nothing in this section shall apply to the disease in sheep called scab. (5) All such Orders shall within two weeks from the making thereof be published in the Government Gazette. (6) Any expenses incurred in the carrying out of any Order made under the provisions of this section shall be borne by and be recoverable from the person owning or importing the sheep cattle horses dogs swine or other animals or articles as aforesaid in respect of which such expenses have been incurred.
Cow-yards 89. (1) All persons carrying on the trade of cowkeepers Ac. to be provided and dairymen or purveyors of milk who keep cows shall for the paved. purposes of their trade provide proper cow-yards bailing-up yards No. 6024 s. 89. cow-sheds and milking sheds all of which shall be constructed of suitable material; and such bailing-up yards and sheds and also all pig-sties upon the premises wherein the trade of any such person is carried on shall be paved or flagged with stone brick 1958. Health. No. 6270 921
cement or asphalt so as to make the same impervious and shall have suitable and impervious drains and receptacles for any dung urine or refuse and all cow-yards other than bailing-up yards shall be so constructed as to give a firm footing to cattle, and shall have a surface which will provide sufficient facilities for cleansing and draining such cow-yards. (2) If in any municipal district it appears to the council that Power of council to proper cow-yards bailing-up yards cow-sheds or milking sheds are order construction not provided as aforesaid by any such cowkeeper dairyman or Ac. purveyor of milk or that any cow-yard bailing-up yard cow-shed milking shed or pig-sty is not properly constructed or provided as aforesaid or has not proper drains and receptacles the council may by notice specifying the time within which any such yard or shed must be constructed or within which any improvements specified in such notice must be effected direct the person carrying on such trade to provide such yard or shed or to make such improvements (as the case may be). (3) Every such person who fails to comply with such notice Penalty, shall be liable to a penalty of Five shillings a day for every day he so fails to comply. (4) This section shall apply to every city town and borough. Application It shall also apply to any such shire or part or parts of a shire as the Governor in Council by Order from time to time on the recommendation of the shire council thereof directs or under any corresponding previous enactment has directed and shall cease to apply thereto whenever such shire council by notice to the Governor in Council withdraws such recommendation and such notice of withdrawal is approved by the Governor in Council and published in the Government Gazette. (5) Where in any shire or part or parts of a shire to which this section or any corresponding previous enactment is or has been made to apply it is difficult or impracticable to comply with the requirements thereof as to paving or flagging the council thereof may in lieu of such compliance order such sheds yards or pig-sties to be paved with wood or other suitable material.
90. Where any expense is incurred under the provisions of the Provision as to payment of last preceding section by any person being tenant of any landlord, expenses. such expense as between such landlord and tenant shall in the No. 6024 s. 9Q absence of any agreement to the contrary be payable in the proportions following:—^ (a) In case the interest of such tenant at the time such expense is incurred is less than for a term of three years, the whole expense shall be payable by such landlord; (b) In case the interest of such tenant at such time is for a term of three years and less than for a term of six years three-quarters of such expense shall be payable by such landlord and one-fourth of such expense by such tenant: 922- 1958. Health. No. 6270
(c) In case the interest of such tenant at such time is for a term of six years and less than for a term of twelve years, half of such expense shall be payable by such landlord and half by such tenant; (d) In case the interest of such tenant at such time is for a term of twelve years or upwards, the whole of such expense shall be payable by such tenant; and (e) In case either such landlord or such tenant shall, under the provisions of this Act, pay more than his proper proportion of such expense he may recover the excess from his landlord or tenant (as the case may be) as money paid to his use, and any tenant may set off any sum recoverable by him under this section against any rent payable to his landlord. Where notice served on 91. Where under section eighty-nine of this Act notice has tenant to provide a been served by the council on a tenant to provide a proper yard or properyard shed or make any improvements, such tenant shall forthwith &c. such tenant to deliver or cause to be delivered a copy of the said notice to the inform landlord who landlord of the premises or his agent, and such landlord may may effect the within thirty days from the receipt of such copy notify to the improvements. tenant his intention to comply with such notice, and if in that No. 6024 s. 91 event such landlord fails to effect such improvements as are specified in the said notice he shall be liable to the penalties provided in such section for failing to comply with such notice to the same extent and in the same manner as if he were the occupier: Provided that if such landlord so elects to comply with such notice he shall be at liberty with such horses carts material workmen and others to enter such leased property and to effect the necessary improvements thereon, and that in any proceedings against any tenant under such section the production of the notification by his landlord of his intention to comply with the notice shall be a bar to such proceedings: Provided further that if such tenant does not deliver or cause to be delivered a copy of the notice aforesaid to the landlord as required by this section, such tenant shall forfeit any right of contribution he may have under section 'ninety against such landlord. (2) A copy of this section shall be printed upon the notice served by the council on a tenant as aforesaid, otherwise such notice shall be null and void.
DIVISION 8. REGULATIONS AND BY-LAWS. Regulations of the 92. The Governor in Council may make regulations for or with Governor in respect to— council. No. 6024 s. 92. (a) prescribing the methods to be employed for rendering inoffensive refuse rubbish or night-soil collected by any council or its contractor and for the deposit or 1958. Health. No. 6270 disposal thereof or for the deposit collection removal destruction use or disposal of refuse and rubbish by occupiers or owners of any premises; (b) prescribing the intervals at which any work undertaken by a council or its contractor under this Part is to be executed; (c) regulating the placing of night-soil in land in shires; (d) prescribing and regulating the situation installation construction ventilation inspection maintenance and control of septic tank systems; the means of treatment and disposal of effluent therefrom; the standardization of the effluent; and the prevention or abatement of nuisance or cause of offence arising from septic tank systems; (e) the construction number and situation of prescribed sanitary conveniences on any premises and the classes or descriptions of sanitary conveniences which alone may be used in any municipal district or in any specified part thereof; (/) prescribing and regulating the methods of and materials to be used in the construction ventilation lighting paving and drainage of and also the situation of stables pig-sties poultry yards or other premises on which animals or poultry are kept; (g) the prevention of the pollution of and the cleansing disinfecting and purifying of rivers creeks streams water-courses lakes lagoons swamps marshes springs channels wells dams reservoirs and water holes; (/i) the establishment use and control of sanitary conveniences for public accommodation; (/) the inspection of all dairy farms and milk stores; (/) the inspection of the grazing grounds of dairy cattle and prohibiting the use of the same if likely to be prejudicial to health by affecting the milk or otherwise; (k) the inspection of cattle in dairies and prescribing and regulating the lighting ventilation cleansing drainage and water supply of houses dairies and cow-sheds in the occupation of persons following the trade of cowkeepers or dairymen; (0 prescribing the precautions to be taken for protecting milk against infection or contamination; (m) cleansing or disinfecting dairies milk stores milk shops or milk yards and destroying or removing from any dairy milk store milk shop or milk yard any 1958. Health. No. 6270 diseased cows or other animals or removing any sick persons from the premises of any such dairy milk store milk shop or milk yard; and (n) generally, carrying into effect the purposes of this Part.
93. Every council may and when required by the Commission shall make by-laws for or with respect to— (a) the provision use and control of receptacles for the deposit and collection of refuse and rubbish (whether temporary or otherwise) and prescribing the size and shape of and the materials to be used in the construction of such receptacles; (b) preventing or regulating the deposit of refuse and rubbish upon streets and other lands and places under the control of the council; (c) imposing upon the occupier of any premises the duties of the cleansing of footways and pavements adjoining such premises; (d) abolishing the single-pan system for night-soil and providing that every closet be furnished with a double-pan service or other service approved by the Commission; (e) requiring for each closet the supply of a sufficient number of receptacles for night-soil and prescribing the size and shape of and the materials to be used in the construction of such receptacles; (/) the disinfecting deodorizing and cleansing of sanitary conveniences; (g) the removal replacement cleansing and disinfecting of receptacles for refuse rubbish or night-soil; and the use of deodorants or disinfectants in such receptacles or in sanitary conveniences; (A) requiring that all night-soil removed be either rendered inoffensive or treated in a destructor desiccator or incinerator or be trenched into land; (/) prescribing the times for the removal or carriage through the streets of any night-soil or offensive or noxious matter or liquid whether into or out of or through the municipal district; providing that the utensils receptacles and vehicles used therefor shall be properly constructed and covered so as to prevent any leakage therefrom or the escape of any such matter or of any offensive effluvia; and compelling the cleansing of any place whereon such night-soil matter or liquid has been dropped or spilt in such removal or carriage; 1958. Health. No. 6270 926
(/') the regulating of the keeping of any animals (including birds) and the regulating or prohibiting of the keeping of any place or the storage of any things which in the opinion of the council may be offensive injurious to health or dangerous; (k) fixing subject to this Part the distance from any dwelling within which it shall be unlawful to keep any such place or animal or to store any such thing; (/) fixing subject to this Part the limits within which it shall be unlawful to keep swine or pig-sties; (m) the registration annually with the council of all persons carrying on the trade of cowkeepers dairymen or purveyors of milk and the payment by each such person to the council of a fee for each registration not exceeding the sum of Two pounds, but providing that for the registration of any such person who keeps cows such fee may be fixed according to a scale calculated according to the number of cows kept, but not in any case exceeding the sum of Two pounds; («) the inspection of the grazing ground of dairy cattle, and if found to be likely to be prejudicial to health by affecting the milk or otherwise to prohibit the use of the same, and for the inspection of cattle in dairies and the prescribing and regulating of the lighting ventilation cleansing drainage and water supply of houses dairies and cowsheds in the occupation of persons following the trade of cowkeepers dairymen or purveyors of milk.
PART V.—OFFENSIVE TRADES, DANGEROUS TRADES, ETC., CATTLE SALE-YARDS. DIVISION 1.—OFFENSIVE TRADES. 94. (1) In this Division unless inconsistent with the context interpretation. or subject-matter— No-6024 "•»*• " Establish", with respect to an offensive trade, includes •• Establish." erect the buildings and yards and install the plant intended to be used for such trade on the premises on which such trade is proposed to be carried on, and derivatives thereof have a corresponding interpretation. " Offensive trade " includes— " offensive trade." (a) any of the trades specified in the Third Third Schedule; ***** 926 1958. Health. No. 6270 (b) any trade whatsoever causing effluvia or offensive fumes or vapours or gases, or discharging dust or foul liquid or blood or other impurity whether within or outside a factory or workroom; and (c) any trade declared by proclamation to be an offensive trade within the meaning of this Act.
" Proprietor.' " Proprietor" of any premises includes the owner the occupier any person in charge thereof or any person by or on whose behalf any trade on such premises is carried on.
Registration as offensive (2) The Governor in Council on the request of the council of trades of the shire concerned or on the recommendation of the Commission piggeries in shires. in the case of any shire may by Order published in the Government Gazette extend to any shire or part of a shire all or any of the provisions of this Division so far as those provisions are applicable to piggeries; and save as provided by such an Order the said provisions of the said Division shall not apply with respect to piggeries in any shire or part thereof.
Killing &c. (3) The killing cleaning and dressing on any premises in a poultry in shires with shire for retail sale on such premises (or on any portion of a road consent of council not adjacent to those premises) of poultry reared on those premises an offensive trade for shall not for the purposes of the next two succeeding sections be certain purposes. deemed to be an offensive trade if the council of the shire has given its consent in writing to such killing cleaning and dressing.
Offensive 95. (1) No person shall— trades not to be established or extended (a) establish any offensive trade (whether in connexion without consent of with or in addition to any offensive trade previously council. established or not); No. 6024 3.95. (b) after a period of disuse carry on any offensive trade previously established; or (c) add to extend or alter any premises or plant used for the purposes of or in connexion with any offensive trade— unless with the consent in writing of the council or in case of appeal of the Commission.
Application to (2) Any person applying for any such consent shall— be made and notices to be given. (a) make application in writing to the council; (b) with his application lodge with the council plans and specifications of the proposed works; (c) supply such additional information as the council requires; 1958. Health. No. 6270 927
(d) one month at least before the application is dealt with by the council publish in at least three separate issues of a newspaper generally circulating in the municipal district notice of his intention to apply; (e) post and keep posted during such month in a conspicuous position at the site or place of the proposed works a copy of such notice printed in large type so as to be easily legible by the public; and (/) supply a copy of such notice to the member of the police force in charge of the police station nearest to such site or place and also to the municipal clerk which copies respectively shall be posted and during the said month be kept posted at the police station and the municipal offices.
(3) The council, in the case of any abattoir or slaughter-house, Plans and specifications shall not give consent to any works being commenced until the to be plans and specifications have been approved by the medical officer approved &c. of health and the municipal engineer, and registration of such abattoir or slaughter-house shall not be granted until the medical officer of health and the municipal engineer have certified that the abattoir or slaughter-house has been erected in accordance with the plans and specifications approved as aforesaid. (4) Subject to this section the council— Powers of councils as to (a) may grant the application with or without such gf^"|°r modifications or conditions as it thinks fit; or applications. (b) may refuse to grant the application. (5) (a) Any person (resident within the municipal district or objections any adjoining municipal district) may state to the council in writing commission!0 any objection to the granting of the application. (b) The council shall take every such objection into consideration and if the council grants the application the council shall forthwith give notice in writing thereof to such person. (c) If in any case where such an objection has been made the council grants the application such person may within one month after receipt of such notice appeal in writing to the Commission.
(6) In the case of any appeal under this section— Provisions as to appeals. (a) the council on being informed by the Commission of the lodging of the appeal shall forthwith forward to the Commission— (i) the application and all plans specifications and information supplied to it in connexion therewith, and (ii) a copy of any objection to the granting of the application; 928 1958. Health. No. 6270 (b) the Commission may if it thinks fit make or cause to be made any inquiry in relation to the appeal; (c) the Commission may— (i) refuse to consent to the application and rescind the granting thereof; or (ii) confirm the same with or without modifications or conditions. (7) Where an application under this section has, with any modifications or conditions, been granted by a council or on appeal to the Commission the granting has been confirmed the council or the Commission may at any time rescind the granting of the application if any of the modifications or conditions are not complied with and, unless the proposed works have been commenced and completed within such period as the council or the Commission (as the case may be) has required in such conditions, any granting or confirmation shall thereupon lapse and the works shall not thereafter be commenced or continued unless a further application for consent under this section has been granted. Saving of provisions as (8) No consent shall be given or confirmed under this section to Yarra or have any force or effect if contrary to the provisions of Part pollution. XVI. of this Act relating to the prevention of Yarra pollution.
Offensive 96. No person shall carry on any offensive trade unless the trades to be registered. premises in or on which such trade is carried on are registered with No. 6Q24 s. 96. the council: Provided that the registration or renewal of the registration of any private abattoir in a meat area shall not be made except with the approval of the Commission.
Premises to be 97. The premises in or on which any offensive trade is carried constructed provided with on shall be constructed and paved and be provided with impervious receptacles and kept in drains and receptacles and be maintained and kept as provided by accordance with Act and or under this Act. regulations. No. 6024 s. 97. Establishing 98. (1) Every person who establishes or carries on any offensive trade in offensive trade in contravention of this Act shall be guilty of an breach of Act an offence. offence against this Act. No. 6024 s. 98. Illegally carrying on (2) Every person who carries on any offensive trade offensive established in contravention of this Act or of any corresponding trade an offence. previous enactment shall be guilty of an offence against this Act whether there has or has not been a conviction in respect of the establishing of the trade.
Powers of 99» (1) If with respect to any premises in or on which any councils with respect to offensive trade is carried on or any premises occupied therewith or premises not complying appurtenant thereto any requirements of or under this Act are not with Act. complied with then (without prejudice to any other remedy or No. 6024 s. 99. 1958. Health. No. 6270 929 procedure) the council may by notice in writing require the owner or occupier to make such improvements as are specified in the notice and within a time to be therein stated. (2) If the owner or occupier fails to comply with such notice he shall be guilty of an offence against this Act; and the council may and (if required by the Commission) shall carry out the requirements of the notice; or the council may and (if required by the Commission) shall cancel or refuse to renew the registration of the premises.
100. (1) Where any offensive trade (whether established JJS*.^ before or after the commencement of this Act) is certified to any complain to council by its medical officer of health or by any two medical nuisance practitioners to be a nuisance or dangerous to the health of any of SSeiSS*0* d the inhabitants of the municipal district of such council the council JJ* ^Q4 shall forthwith cause complaint to be made before a justice who s. 100. may summon the person by or on whose behalf the trade is carried on to appear before a court of petty sessions. (2) If any ten ratepayers of the municipal district declare in writing to the council any offensive trade (whether established before or after the commencement of this Act) to be a nuisance or dangerous to the health of any inhabitant of any such municipal district and the council takes no action thereon within a period of thirty days from the receipt by the council of such declaration the ten ratepayers aforesaid may appeal in writing to the Commission who shall forthwith cause inquiries to be made, and may if satisfied that a nuisance exists direct the council to forthwith cause complaint to be made before a justice who may summon the person by or on whose behalf the trade is carried on to appear before a court of petty sessions.
(3) The court shall inquire into the complaint, and if it appears to the court that the trade complained of is a nuisance or causes any effluvia offensive fumes vapours or gases or discharges dust blood foul liquid or other impurity which is a nuisance or dangerous to the health of any of the inhabitants of any such municipal district the person complained of shall be liable— (a) for any first offence under this section, to a penalty of not less than Two nor more than Ten pounds; and (b) for any subsequent offence, to a penalty of not less than Ten nor more than Fifty pounds: Provided that the court may suspend its final determination on condition that the proprietor undertakes to adopt within a reasonable time such means as the court deems practicable and orders to be carried into effect for abating such nuisance or condition or mitigating or preventing the dangerous effects thereof. VOL. in.—30 930 1958. Health. No. 6270
Power to (4) Where any offensive trade certified in pursuance of this proceed where nuisance arises section to be a nuisance or dangerous to the health of any of the from offensive trade carried inhabitants of the municipal district of a council is carried on on outside municipal outside such municipal district such council may take or cause to district. be taken any proceedings by this section authorized in respect of the matters alleged in the certificate with the same incidents and consequences as if such were carried on within such district; but summary proceedings shall not in any case be had otherwise than before a court having jurisdiction in the district where the trade is carried on.
Use ol 101. Every person carrying on any trade producing or causing appliances &c. to prevent or emitting or discharging any effluvia offensive fumes vapours or nuisance or mitigate gases or dust blood foul liquid or other impurity shall provide and offence. use the best and most effective means and appliances for preventing No. 6024 s. 101. such trade being carried on so as to be or become a nuisance or dangerous to health or for mitigating the offensiveness thereof.
Proclamations as to offensive 102. The Governor in Council in respect of any municipal trade areas. district may by proclamation define localities therein in which it No. 6024 s. 102. shall not be lawful or localities in which it shall be lawful to establish or after a period of disuse to carry on any offensive trade specified in the proclamation.
Council not to establish add 103. No council shall— to extend or alter offensive (a) establish any offensive trade; trade without Commission's (b) after a period of disuse carry on any offensive trade consent. No. 6024 previously established (whether before or after the s. 103. commencement of this Act); or (c) add to extend or alter any building yard premises or plant used for the purposes of or in connexion with any offensive trade— without the consent in writing of the Commission.
Approval of 104. (1) Whenever it is intended to erect or to add to or Commission required for extend or alter any abattoir (whether public or private) in any erection of or additions meat area the council in the case of a public abattoir or the extensions or alterations to owner in the case of a private abattoir shall— abattoirs in meat areas. (a) make application in writing to the Commission for its No. 6024 s. 104. approval; and (b) supply to the Commission all such plans specifications information and particulars as are prescribed by regulations of the Governor in Council or as the Commission requires. (2) The Commission may (with or without any modifications or conditions) approve of the plans and specifications; or may refuse the application. 1958. Health. No. 6270 931
(3) If the Commission approves of the plans and specifications the work shall be carried out in accordance with the plans and specifications as so approved. (4) Every person who undertakes begins or continues the work of erecting any such abattoir or of adding to or extending or altering any such abattoir without the approval of the Commission shall be guilty of an offence against this Act.
(5) When the erection extension or alteration of or addition to Abattoir erected or an abattoir in a meat area is completed the council in the case of a altered or extension 01 public abattoir or the owner in the case of a private abattoir shall addition not to be used forthwith give notice in writing thereof to the Commission. without approval of (6) The abattoir so erected or altered or the extension thereof Commission. or addition thereto (as the case may be) shall not be used without the approval in writing of the Commission.
(7) The council in the case of a public abattoir in a meat area Chilling rooms at abattoirs in and the owner in the case of a private abattoir in a meat area meat areas. shall when required by the Commission provide at the abattoir a chilling room or chilling rooms of such capacity as the Commission requires.
(8) Nothing in this section shall be construed as limiting Or in Construction any manner affecting the operation of section ninety-five of this ofMction- Act.
105. The Governor in Council may as to offensive trades make Regulations as to offensive regulations for or with respect to— trades. No. 6024 (a) prescribing the methods of and materials to be used in s. 105. the construction drainage ventilation and lighting of premises occupied or used for or in connexion with such trades; (b) the provision of and the method of construction of and materials to be used for impervious receptacles for blood offal dung filth or other refuse whether or not of the nature of the foregoing; (c) providing for the cleanliness of premises occupied or used for or in connexion with such trades; (d) prescribing precautions to be taken and means and appliances to be used for the prevention of nuisance danger to health or cause of offence; (e) providing for the prevention of nuisance danger to health or cause of offence from any materials or things used or stored in any premises used for or in connexion with such trades; (/) regulating the conditions under which offensive trades may be carried on: 932 1958. Health. No. 6270 (g) preventing or diminishing the offensiveness of such trades and safeguarding the public health; (h) prescribing— (i) in premises occupied or used for or in connexion with such trades, the provision to be made for— personal ablutions and the keeping and laundering of clothes of employes; air space sanitary conveniences changing rooms and rest rooms; fire prevention and fire escape; and generally securing the health safety and well-being of employes; and (ii) the methods of construction and the materials to be used in making such provision; and (/) generally, carrying into effect the purposes of this Division.
DIVISION 2.—DANGEROUS TRADES, ETC. Interpretation. 106. In this Division unless inconsistent with the context or tTofi?24 subject-matter—
" Dangerous " Dangerous trade " includes— trade.'T Fourth (a) any of the trades specified in the Fourth Schedule. Schedule; and (b) any trade (whether ordinarily carried on on fixed premises or at varying places) which unless preventive measures are adopted may become dangerous to the health either of persons employed therein or of other persons and which is declared by proclamation to be a dangerous trade within the meaning of this Act.
Registration 107. No person shall occupy or use any premises or any part of premises &c. occupied of any premises for the purpose of carrying on any dangerous or used for dangerous trade unless such premises or part are or is registered with the trade. Commission. No. 6024 8.107.
Regulations in respect of 108. The Governor in Council may make regulations for or dangerous with respect to— trades 4c No. 6024 (a) prescribing the methods of and materials to be used in s. 108. the construction drainage ventilation lighting and sanitation of premises occupied or used for the purposes ot carrying on any dangerous trade: 1958. Health. No. 6270 933 (6) providing for the cleanliness of such premises; (c) prescribing the precautions to be taken for the prevention of nuisances or danger to the health either of persons employed in dangerous trades or of other persons arising out of the carrying on of such trades; (d) regulating the conditions under which dangerous trades may be established and carried on; (e) requiring and providing for the notification to the Commission of any specified illness occurring in persons engaged in dangerous trades and the payment to medical practitioners of prescribed fees for giving such notifications; and (/) generally safeguarding the public health and the health of persons engaged either in dangerous trades or in such other processes and occupations as are likely to endanger or impair health.
DIVISION 3. CATTLE SALE-YARDS. 109. In this Division unless inconsistent with the context or interpretation, subject-matter— ^bi?24 " Cattle sale-yard " means yard for the sale of horses mares " fame fillies foals geldings colts bulls bullocks cows heifers steers calves asses mules sheep ewes wethers rams lambs goats or swine. " Establish " includes erect or construct, and derivatives " Establish." thereof have a corresponding interpretation.
110. No person shall establish a cattle sale-yard or shall after Application to a period of disuse carry on a cattle sale-yard previously established establishment (whether before or after the commencement of this Act) or add to o^«den&to extend or alter any premises used for the purposes of or in £aie?yards. connexion with a cattle sale-yard unless with the consent in writing NO. 6024 of the council or, in case of appeal, of the Commission. s. no.
111. The provisions of this Part as to applications for consent Incorporation to the establishment of offensive trades and additions to or Diwsjfonof extensions or alterations of premises used for the purposes of or in provisions of connexion with offensive trades and notices of such applications o1fflnPs?veasto and the granting or refusal thereof and objections and appeals trades- and the powers and duties of councils and of the Commission with sfui?24 t respect to such appeals, and with respect to consents granted subject to modifications or conditions shall with such alterations $34 1958.. •Health. No.. 6270
modifications and substitutions as are necessary apply with respect to cattle sale-yards and additions thereto or extensions or alterations thereof under this Division.
Councils not to establish 112. No council shall— add to extend or alter (a) establish a cattle sale-yard; cattle sale-yards without (b) after a period of disuse carry on a cattle sale-yard Commission's consent. previously established (whether before or after the No. 6024 commencement of this Act); or s. 112. (c) add to extend or alter any cattle sale-yard— without the consent in writing of the Commission.
ofecattieUon "^^* ^° Person s^a^ carry on a cattle sale-yard unless the saie^yard. same is registered with the council. No. 6024 s. 113. cattle 114. Cattle sale-yards (whether established before or after the te grade!!ud commencenment of this Act) shall be graded and drained and No"«>24&C s^a^ be car"ed on so as not to be a nuisance or cause of offence. s. 114.
Proclamations 115. The Governor in Council in respect of any municipal as to areas for cattle district may by proclamation define localities therein in which it sale-yards. No. 6024 shall not be lawful or localities in which it shall be lawful to s. 115. establish or after a period of disuse to carry on any cattle sale-yard.
Offences. 116. Every person or council who or which establishes or No. 6024 s. 116. carries on a cattle sale-yard in contravention of this Act shall be guilty of an offence against this Act.
Regulations as 117. The Governor in Council may as to cattle sale-yards to cattle sale-yards. make regulations for or with respect to— No. 6024 s. 117. (a) prescribing the methods of and materials to be used in the construction drainage and sanitation thereof; (b) the provision therein or thereon of impervious receptacles for dung filth or other refuse whether or not of the like nature to the foregoing; (c) the provision of an adequate supply of water; (d) prescribing the precautions to be taken for securing cleanliness and for the prevention of nuisance or cause of offence; and (e) generally, carrying into effect the purposes of this Division. 1958. Health. No. 6270 935
PART VI.-—INFECTIOUS DISEASES. General. c lsto 118. (1) Any council may and when required by the r^j. Commission shall provide equip and maintain either separately or mortuaries with any other councils or council or with a hospital authority— and cleansing stations and /\ • <•! •-/•*>.>• ambulances. (a) mortuaries or places for the reception of dead bodies No.6024 pending the carrying out of any post-mortem s-m- examination ordered by a lawful authority or until removal for interment; (b) disinfecting and cleansing stations plant equipment and attendance for the cleansing of persons and the disinfection of bedding clothing or other articles which have been exposed to or are believed to be contaminated with the infection of any infectious disease or which are dirty or verminous; (c) vehicles for the conveyance of persons suffering from any infectious disease or for the removal of any infected bedding clothing or other articles; and (d) any other accommodation equipment or articles required for dealing with any outbreak of infectious disease. (2) Notwithstanding anything in the Poisons Act 1958 any Provisions for council may provide for the sale of disinfectants and deodorants, disinfectants.
119. The providing and maintaining of such vehicles and Expenses and the disinfecting or destroying of infected things and the conveying thereof? of infected persons and things shall be done by the council at ^6024 its own cost: Provided that— (a) the reasonable expenses of conveying or disinfecting infected things may be recovered by the council from the owner thereof; and (b) the reasonable expenses of conveying any person may be recovered by the council from that person; or in case he is an infant from his parents; or in the case of his death from his estate.
120. Every council shall provide free of charge temporary Temporary shelter or house accommodation for the members of any family {J*u^c- in which any infectious disease has appeared who have been s. 120. compelled to leave their dwelling for the purpose of enabling such dwelling to be disinfected by the council. 936 1958. Health. No. 6270
Contribution cowards 121. (1) A contribution of one-half of the net costs and certain expenses incurred with the approval of the Commission by any expenses of municipalities. council in the exercise or discharge of any powers or duties No. 6024 conferred or imposed by the two last preceding sections shall be s. 121. paid to the council out of moneys to be provided by Parliament. (2) For the purposes of this section " net costs and expenses " means the amount remaining after deducting from the total costs and expenses any moneys received or recovered by the council from any person under those sections.
Powers of 122. Notwithstanding anything in this Act where upon the Minister where a council fails report of the Chief Health Officer it appears to the Minister that to adequately deal with any an outbreak of an infectious disease or a disease suspected of being infectious disease. such has occurred or is threatened within a municipal district and No. 6024 is not being investigated or dealt with efficiently and so as a. 122. adequately to safeguard the public health— (a) the Minister may inform the council of the measures which he considers should be taken in connexion therewith; and (Z>) if the council fails or is for any reason unable forthwith to carry out such measures to his satisfaction the Minister may authorize the Commission to take all necessary steps for dealing with the outbreak; and (c) thereupon the Commission for the purposes of this section shall have and may exercise all or any of the powers authorities and rights of the council in default and any costs and expenses incurred by the Commission shall be paid by the municipality to the Commission.
Power of 123. (1) Where an outbreak of an infectious disease exists Minister to requisition or is threatened the Minister may require— buildings equipment or other articles. (a) any person owning or having charge of any land or any No. 6024 s. 123. buildings not occupied as dwellings; or (b) any person owning or having charge of tents transport bedding hospital equipment drugs food appliances materials or other articles urgently required in connexion with outbreak— to hand over the use of any such land or building or to supply or make available any such article subject to the payment of a reasonable amount as hire or purchase price. (2) Every person who fails or refuses to comply with any such requirement shall be guilty of an offence against this Act. 1958. Health. No. 6270 937
1 onof 124. The medical officer of health of a council or any medical fn f|ge^ practitioner duly authorized thereto by a council— premises and examination (a) may at any reasonable time enter and inspect any suspeaSTto premises in which he has reason to believe that any j^Sn7nfec8oii» person suffering or who has recently suffered from dS1"e any infectious disease is or has recently been S!0^24 present or any inmate of which has recently been exposed to the infection of any infectious disease; and (6) may medically examine any person in such premises for the purpose of ascertaining whether such person is suffering or has recently suffered from any such disease.
Po er of 125. (1) When any council is of opinion on the certificate of a JJ1 il medical officer of health or any medical practitioner that the order or to cleansing or disinfection of any premises or any article is necessary Sto'Son. for preventing the spread or limiting or eradicating the infection ^nf"2* of any infectious disease or otherwise for preventing danger to health such council may give written notice to the owner or occupier of such premises or to the owner or person in charge of such article requiring him to cleanse or disinfect such premises or article in such manner and within such time as is specified in the notice and to the satisfaction of the council. (2) If the person to whom such notice is given does not comply therewith the council shall cause such premises or article to be cleansed or disinfected, and the costs and expenses of so doing may be recovered by the council from the person in default. (3) Where any article dealt with by a council under this section is of such a nature that it cannot be disinfected the council may cause such article to be destroyed.
126. (1) Every person shall be guilty of an offence against offences with this Act fnteated*0 (a) who knowingly lets for hire any house room or part of NO. 60M a house or room to be shared with or occupied in s-126- common by any person suffering from any infectious disease; or (b) who lets for hire any house room or part of a house or room in which there then is or has within the previous four weeks been any person suffering from any infectious disease unless before the person hiring goes into occupation the house room or part let and all things therein liable to retain infection have been effectually disinfected to the satisfaction of a medical officer of health or an,inspector as certified by certificate under his hand; or 938 1958. Health. No. .6270
Ceasing to (c) who ceases to occupy any house room or part of a occupy bouses &c without house or room in which within the previous four previous disinfection or weeks any person affected with any infectious giving notice to owner. disease has resided— (i) without having such house or room or part thereof and all articles therein liable to retain infection disinfected to the satisfaction of a medical officer of health or an inspector as certified by a certificate under his hand; or (ii) without first giving to the owner of such house room or part thereof and to the council notice of the previous existence of such disease; or Making false (d) who, when questioned by the owner thereof or by any answers. person negotiating for the hire of such house room or part thereof as to the fact of there having within the previous four weeks been therein any person suffering from any infectious disease knowingly makes a false answer to such question. Application of section to (2) For the purposes of this section any licensed victualler or licensed premises the keeper of a common lodging-house or the proprietor of a boarding- boarding-house shall be deemed to let for hire part of a house houses &c. to any person admitted as a guest lodger or boarder into the premises or house (as the case may be). Treatment and custody 127. (1) The Governor in Council may from time to time by of lepers. Order published in the Government Gazette direct that a quarantine No. 6024 s. 127. station or any other suitable place be set apart for the reception and medical treatment of lepers, and may make regulations for the safe custody of such lepers therein. (2) The Commission may, on the certificate of a health officer or a medical officer of health and of any two other medical practitioners that any person is suffering from leprosy, direct that such person be removed to and detained in such quarantine station or place until released by order of the Minister, and any person who wilfully refuses or neglects to obey any such order of the Commission, or escapes or attempts to escape from such quarantine station or place, may with such necessary force as the case may require be removed or brought back to such station or place. (3) An order of the Commission under this section may be addressed to such member of the police force or other person as the Commission considers expedient; and every person who wilfully disobeys or obstructs the execution of such order of the Commission, or who trespasses on such station or place, or communicates or improperly interferes with any person detained therein, shall be guilty of an offence against this Act.(o) (a) See section 419 as to arrest without warrant. 1958. Health, No., 6270 939
128. (1) On the order of a medical officer of health any Removal of. person who is suffering from any infectious disease may be suffering from' removed to a suitable hospital or place of isolation and there disease to' ••' • detained until such medical officer of health or any medical hospUaL practitioner (authorized in writing by the Commission or the council) certifies in writing that such person is free from infection or can be discharged without danger to the public health. (2) With respect to such order the following provisions shall apply:— (a) The order may be made by the medical officer of health in any case where in the interests of the public health he thinks it expedient so to do; (b) The order shall be made in every case where the medical officer of health is satisfied that the patient is without proper lodging or accommodation or is living in a house in which he cannot be effectually isolated so as to prevent the risk of the infection spreading to other persons living in the house; (c) The order need not be addressed to any specified person but shall be obeyed by any officer of the council or member of the police force upon whom it is served or to whose knowledge it comes; (d) Every person who wilfully disobeys or fails or neglects to comply with the order or in any way obstructs or delays the prompt execution thereof shall be guilty of an offence against this Act; (e) The expenses of removal maintenance and treatment shall subject to this Act be borne by the council.(a) (3) In this section "hospital or place of isolation " includes -Hospital or any hospital or any special hospital or any portion of a general fsSon." hospital and any dwelling tent or other structure set apart and used solely for the accommodation of persons suffering from infectious disease or of contacts and of those in attendance on them. 129. (1) Notwithstanding anything in any other provision Power to of this Act but subject to the general direction and control of the officerHtoaUh Minister, the Chief Health Officer may, by notice given in the persons to prescribed manner and form, require any person, or all or any ?"diSiog?cai persons of a specified class, or all or any persons resident or foj"^"^"™,. employed or engaged in a specified area, to attend at the time tuberculosis, or within the period and at the place specified in the notice ^"uf!24 ana to submit himself or themselves to radiological examination of the chest for the purpose of ascertaining whether he or they or any of them may be suffering from pulmonary tuberculosis. (2) Any person to whom any notice given as aforesaid Failure to applies and who without reasonable excuse (the proof whereof SSS^n*1'1' shall lie on him) fails to comply with the requirements of the offencc notice shall be guilty of an offence against this Act. (a) See section 175 (3). 940 1958. Health. No. 6270
Post-mortem 130. Whenever— examinations. No. 6024 (a) the death of any person is suspected to have been due s.130. to an infectious disease and the facts relating to the death cannot with certainty be ascertained without a post-mortem examination; or (b) it is desirable that for preventing the occurrence or spread of an infectious disease the facts relating to the death of any person should be ascertained— the Chief Health Officer may order a post-mortem examination of the body of the deceased person to be made by a medical practitioner.
Prohibition of home work in 131. (1) If any inmate of a house is suffering from any places where infectious disease prescribed by proclamation made for the there is infectious purposes of this section the council of the municipal district disease. No. 6024 in which the house is situate may make an order forbidding any s. 131. work to which this section applies to be given out to any person living or working in that house or'such part thereof as is specified in the order. (2) Any order so made may be served on the occupier of any factory or work-room or any other place from which work is given out or on any contractor employed by any such occupier. (3) The order— (a) may be made notwithstanding that the person suffering from the infectious disease has been removed from the house; and (b) shall be made either for a specified time or subject to the condition that the house or part thereof liable to be infected shall be disinfected to the satisfaction of the medical officer of health. (4) In any case of urgency the powers conferred on the council by this section may be exercised by a medical officer of health. (5) If any occupier or contractor on whom an order under this section has been served contravenes the provision of the order he shall be guilty of an offence against this Act. (6) The work to which this section applies is the making cleaning washing altering ornamenting finishing or repairing of wearing apparel and any work incidental thereto and such other classes of work as are prescribed by proclamation.
Notification 132. (1) Every person who becomes aware of any unusual of sickness or mortality sickness or mortality among rats mice cats dogs or other animals in animals. No. 6024 which is not due to poison or other obvious cause shall s. 132. immediately notify the fact to the council. 1958. Hecilth. No. 6270 Ul (2) Every council shall immediately report to the Chief Health Office!" by telegraph or other expeditious means particulars of every such notification received by it. 133. (1) In any case of emergency or sudden necessity, of special the existence of which emergency or necessity the Minister shall Commission be the sole judge, the Commission may (if authorized in writing authorized by the Minister) from time to time and for such time as the by Minister. Minister thinks fit exercise or delegate to any council or officer ^"uT.No. 6024 all or any of the following special powers within or with respect to any municipal district or any part thereof for the purpose of more effectually checking limiting or preventing the spread of any infectious disease:— (a) It may declare any land premises building or thing to be insanitary and may forbid any insanitary land premises or building to be used or occupied for any purpose; (b) It may cause any insanitary building to be pulled down and the timber and other materials thereof to be destroyed of otherwise disr)os6d of as it thinks fit; (c) It may cause insanitary or infected things to be destroyed of otherwise disposed of as it thinks fit; (tf)' If may cause animals infected of suspected or liable to be infected or to convey infection to be destroyed or dealt with in such manner as it thinks fit; (£) It may require persons to report themselves or submit themselves for medical examination at specified times and places; (/) It may order persons places houses premises buildings vessels animals or things to be isolated cleansed or disinfected as it thinks fit; (g) It may forbid persons vessels animals or things to come or be brought to any port or place from any port or place in Victoria which is or is supposed to be infected with any infectious disease; (h) It may forbid persons to leave any specified municipal district or part thereof or any place in which they are isolated until they have been medically examined and found to be free from infectious disease; and may enforce the return of any person who unlawfully leaves such municipal district or part thereof or place; (i) It may regulate the control and direction of vessels from infected ports or places while such vessels are in Victorian waters and the discharge and the treatment of the cargo thereof; 1958. Health. No. 6270 (/') It may cause vessels to be fumigated and may require or undertake the destruction of rats in vessels; (k) It may forbid the removal of animals or things from any municipal district or part thereof to another or from the place where they are isolated; (/) It may cause any land premises houses buildings animals and things to be inspected and examined; (m) It may order owners and occupiers of premises to destroy all rodents and other vermin thereon; (n) It may require water-courses and sources of water supply to be purified; (o) It may forbid the discharge into any water-course stream lake or source of water supply of sewage drainage or insanitary matter or any matter of any description detrimental or likely to become detrimental to health; (p) It may require the effectual cleansing of streets and public places by those intrusted by law with the care and management thereof; (q) It may with the consent of the Governor in Council use as a temporary site for a special hospital or place of isolation any public reserve suitable for the purpose notwithstanding that such use may conflict with any enactment trust or condition affecting the reserve: Provided that when the Governor in Council is satisfied that the emergency has ceased he may by notice in the Government Gazette revoke his consent, and thereafter any such enactment condition or trust shall have effect as if this section had not passed, and the hospital or place of isolation shall be removed utilized or disposed of as the Governor in Council directs consistently with any such enactment condition or trust; O) It may declare any specified area to be an infected area; and (s) It may exercise any other powers conferred upon it by the Governor in Council for the purpose of effectually checking limiting or preventing the spread of infectious diseases. (2) No person shall leave any specified area declared to be an infected area as aforesaid until the Chief Health Officer is satisfied that such person is not liable to convey any infectious disease; and the Chief Health Officer may take such steps as are necessary to prevent any person unlawfully leaving such 1958. Health. No.. 6270 943 area or to enforce the return to such area of any person who unlawfully leaves the same or to secure the isolation of such person in some other place. (3) Any person may apprehend without warrant any person £™j*,J"jJJ")Ut who unlawfully leaves any such specified municipal district or certain cases. part thereof or area or any place of isolation.(o)
c on l ruction (4) The provisions of this section shall be read and construed f 5 s in aid and not in derogation of any other powers of the section. Commission.
134. In every case where under this Part any building animal compensation ,. ., *,, ,. . r i y~i • • T^-..-<.for buildings or thing is destroyed by direction of the Commission or the Chief animals or Health Officer or any council the owner shall be entitled to destroyed. compensation to the extent and subject to the conditions f^f2* following:— (a) The compensation shall not exceed the actual market value of the building animal or thing destroyed; (ZJ) If the destruction has been rendered necessary by reason of any breach or neglect of duty or of the ordinary rules of sanitary carefulness or cleanliness on the part of the owner or of any person for whose acts or defaults the owner is responsible then no compensation shall be payable; (c) If in the case of buildings the destruction thereof has been rendered necessary by reason of any such breach or neglect as aforesaid on the part of the occupier of the building or of any person for whose acts or defaults the occupier is responsible then the compensation shall be payable by the occupier; (d) If the destruction has been rendered necessary in the interests of the public health and without any such breach or neglect as aforesaid then the compensation shall be payable by the council; but one-half of the amount thereof shall be repaid to the council out of moneys to be provided by Parliament; (e) Compensation shall not be payable in respect of the deprivation of the occupation or use of any premises or the use of any thing occasioned by disinfection if no undue delay has occurred; (/) AH questions and disputes relating to claims for compensation shall be heard and determined by a stipendiary magistrate.
(a) See section 419 as to arrest without warrant. 944 3 1958. Health. No. 6270 Exposure oi 135. Every person who— infected J r StaSFan* (a) while suffering from any infectious disease office. communicable by contact or proximity wilfully or ^jP24 negligently exposes himself (in such manner as to be likely or liable to spread such disease) in any street public place public building shop licensed victualler's premises or other place or premises used frequented or occupied in common by persons other than the members of the family or household to which such infected person belongs; or (b) being in charge of any person so suffering so exposes such sufferer; or (c) knowingly (the onus of proof to the contrary being upon such person) without previous effective disinfection to the satisfaction of the council and as required by or under this Act gives lends sells pawns transmits removes or exposes or sends to any auction-room or sends to or permits to be washed or exposed in any public wash-house or washing-place or in any laundry or other place at which articles are washed cleansed or dyed any clothing bedding rags or other articles or things of any kind whatsoever which have been exposed to or are contaminated with the infection of any such disease; (d) while suffering from any such disease handles or conveys any food dairy produce aerated water or other articles intended for consumption by man or carries on any trade or occupation in such manner as to be likely or liable to spread such disease— shall be guilty of an offence against this Act: Provided that nothing in this section shall apply to any person transmitting with proper precautions in accordance with the regulations any bedding clothing article or thing for the purpose of having the same cleansed or disinfected.
Provisions as 136. (1) No person suffering from any infectious disease Stances, communicable by contact or proximity shall enter any public Na«H4 conveyance. (2) No person in charge of any person so suffering or of the body of any person who has died of any such disease or in charge of anything which has been exposed to or is contaminated with the infection of any such disease shall place in any such conveyance any such person body article or thing (except in the case of a hearse used for the removal of a dead body) without first informing and obtaining the consent of the owner or driver or conductor of such conveyance of the fact of such infection. 1958. Health. No. 6270 945;
(3) The owner driver or conductor of any public conveyance shall as soon as possible after such conveyance has been so used and before it is used for any other purpose cause it to be efficiently disinfected to the satisfaction of the council and in accordance with any regulations. (4) Every person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence against this Act and may in addition to any penalty inflicted be ordered by the court to pay to the owner driver or conductor of the conveyance concerned the amount of any loss or expense necessarily entailed by the disinfection of such conveyance.
137. (1) Every medical practitioner who becomes aware that Notification any person visited or professionally attended by him is suffering practitioner. from a notifiable infectious disease or who by post-mortem NO-^OM examination or otherwise becomes aware that any person has died of a notifiable infectious disease shall, immediately— (a) furnish a written certificate of notification thereof to the council for the municipal district in which such person is discoveied or has died; and (b) inform the head of the household pr the occupier of the premises and any person nursing or in immediate attendance on the patient of the infectious nature of the disease and the precautions to be taken to prevent its conveyance to others. (2) Every medical practitioner who contravenes or fails to comply with this section shall be guilty of an offence against this Act; and in any prosecution under this section the onus shall be on the medical practitioner charged to show that he was unaware' that the patient was suffering from or had died of a notifiable infectious disease.
138. No medical practitioner shall be liable to any proceedings Medical for any misstatement made in good faith in a. notification of any protected" infectious disease. N0..6024 s. 138.
139. For the purposes of this Part every carrier of an infectious " Carriers " of disease to disease shall be deemed to be suffering from the disease. be deemed to be suffering from the disease. No. 6024 Regulations. s. 139. 140. (1) The Governor in Council may make regulations Regulation as to infectious applicable to all or any infectious diseases for or with respect to— disease. No. 6024 (1) the house to house visitation and inspection of the s. 140. whole or any part of any municipal district; (2) the closing of schools or the regulation- or restriction of school attendance; 946 1958. Health. No. 6270
(3) the duties of parents or guardians of school children who are suffering or have recently suffered from or been exposed to the infection of infectious disease; and the duties of persons in charge of schools in respect of such children; (4) the regulation or restriction or the closing of places of public entertainment recreation or amusement; and the regulation or restriction or the prohibition of the convening holding or attending of entertainments assemblies meetings or public gatherings; (5) the prevention and remedying of overcrowding of any buildings or dwellings or the keeping of buildings dwellings or the contents thereof in a dirty or insanitary or verminous condition; (6) the ventilating of buildings houses and rooms; (7) the duties of employers of labour in respect of the prevention of infectious disease and in respect of persons suffering or suspected to be suffering therefrom; (8) the measures to be taken for preventing the spread of or for limiting mitigating or eradicating infectious disease requiring to be dealt with in a special manner; (9) the prevention of the spread from any animal or the carcass or hide or hair or any product of any animal to man of any disease communicable to man by any animal or the carcass or hide or hair or any product of any animal; (10) the destruction of mosquitoes and the removal or improvement of conditions permitting or favouring the multiplication or prevalence of mosquitoes; (11) the prevention of the spread of disease by flies or other insects and the destruction of and the removal or improvement of conditions permitting or favouring the prevalence or multiplication of such insects; (12) the prevention of the spread of infectious disease by persons who though not at the time suffering from such diseases are " contacts " or " carriers " and liable to disseminate the infection thereof and the keeping of such persons under medical surveillance and the restriction of the movements of such persons; (13) defining " contacts " for the purposes of this Act; (14) the prohibition of spitting in public places or in public conveyances except into receptacles provided for the purpose; Health. No. 6270
(15) the regulation of trade in flock rags and in second-hand clothing bedding carpets and other soft floor coverings curtains cushions or any similar articles and requiring the cleansing and disinfection of any such articles before removal sale or exposure for sale or use in any trade, and the prohibition or regulation of the use of second-hand flock rags clothing bedding carpets and other soft floor coverings curtains cushions or similar articles in any trade or manufacturing process; (16) the disposal of any refuse waste matter or other matter or thing which has been contaminated with or exposed to the infection of infectious disease; (17) the regulation and where deemed necessary the prohibition of the keeping transmission or use within or the conveyance or transmission into or out of Victoria of cultures or preparations of pathogenic micro-organisms or other material capable of causing disease in man; (18) the giving compulsorily of any information or the production compulsorily of any documentary or other evidence required for the purpose of tracing the source or preventing the spread of infectious disease; (19) the medical examination of persons who are suspected of being infected with or who may have recently been exposed to the infection of infectious disease and of persons about to depart from any specified area or from Victoria and the disinfection of their baggage and personal effects and the detention of such persons until they have after such examination been certified to be free from any infectious disease and (if necessary) until their baggage and personal effects have been disinfected; (20) the keeping under medical observation or surveillance or the removal detention and isolation of persons who may have recently been exposed to the infection ot and who may be in the incubation stage of infectious disease; the detention and isolation of such persons until released by due authority and the use of guards and force for that purpose; (21) the establishment equipment maintenance management control and inspection of isolation hospitals convalescent homes farm colonies or other institutions for the accommodation or treatment of persons suffering from or who have recently suffered from or are suspected to be suffering from infectious disease; the removal of persons to such 1958. Health. No. 6270 institutions and their discharge therefrom; the accommodation classification care and control of the patients and their detention until discharged; and, in the case of convalescent homes farm colonies and similar institutions, work for the inmates where deemed desirable in the interests of their health; (22) the imposition and enforcement of isolation or of medical observation and surveillance in respect of persons suffering or suspected to be suffering from infectious disease, the premises in which such persons are accommodated, those in charge of or in attendance On such persons and other persons living in or visiting such premises or who may otherwise have been exposed to the infection of such disease; (23) the regulation or restriction of public traffic and of the movements of persons; (24) the regulation of the mode of disposal removal and burial and the times and places of burial of dead bodies; (25) the regulation of the use of vehicles provided for the conveyance of infected persons or things and the cleansing and disinfection of such vehicles; (26) the regulation or restriction or the prohibition of the removal of merchandise or any articles or things into Out of or within any specified area; (27) the provision of disinfecting plant and equipment; (28) the disinfection or where disinfection is impracticable the destruction of any article or thing; (29) the precautions to be taken in the transmission of bedding clothing articles or things for the purpose of having the same cleansed or disinfected; (30) the disinfection cleansing purifying or ventilation of any premises which have been exposed to or are or are believed to be contaminated with the infection of infectious disease; (31) the disinfection of discharges from persons suffering from infectious disease; (32) the inspection of premises and articles and the discovery and remedying of sanitary or other defects likely to favour the spread or render more difficult the eradication of infectious disease; (33) the evacuation closing alteration or the demolition or destruction of any premises the occupation or use of which is considered likely to favour the spread or render more difficult the eradication of infectious disease; 1958. Health. No. 6270
(34) the destruction of rodents or other vermin and the removal or improvement of conditions likely to favour the harborage or multiplication thereof and the disposal of the carcasses of such rodents or vermin; (35) the supply of drugs and other substances for prevention or cure and the providing of medical and nursing and other aid and of accommodation for the sick; (36) the cleansing and disinfecting of streets and public places and the cleansing and purification of water in artificial swimming or wading pools; (37) the speedy abatement of nuisances; (38) the clinical chemical bacteriological radiological and other examinations necessary to ascertain whether any person is suffering from infectious disease and whether any person who has been suffering from any such disease has ceased to be liable to convey infection; (39) the relief during the continuance of an epidemic of acute distress directly due thereto including the maintenance of children whose parents or guardians are suffering from or have died of infectious disease or the relief of children under fourteen years of age who have not sufficient means of support by reason of their fathers mothers or guardians suffering from tuberculosis; (40) the manner of requisitioning accommodation equipment or other articles as hereinbefore provided and the manner of fixing the rates of hire or the purchase price and the conditions of payment; (41) such other matters as the Governor in Council deems necessary for ascertaining by radiological examination whether any person or persons may be suffering from pulmonary tuberculosis and for preventing the occurrence of infectious disease or limiting or preventing the spread thereof and for its eradication or mitigation; and (42) generally, carrying into effect the purposes of this Part. (2) Any person may apprehend without warrant any person who in contravention of any such regulations leaves any place of detention or isolation aforesaid.(a)
(a) See section 419. 950 1958. Health. No. 6270
Regulations as 141. The Governor in Council may as to notifiable infectious infectS*'6 disease make regulations for or with respect to— diseases. No. 6024 (a) the duties of occupiers of houses and of persons in s'I41' charge of schools orphanages or similar institutions and of other persons in regard to reporting the occurrence of or the removal of any person suffering from any such disease and the particulars to be supplied; (b) the fees payable to medical practitioners in respect of the notification of infectious disease; (c) the particular to be furnished by medical practitioners when making such notifications; (d) the duties of councils on receiving such notifications; (e) the duties of registrars of deaths when a death is registered with them as due to a notifiable infectious disease and the fees payable to registrars in respect of such duties; (/) the duties of councils in regard to reporting the occurrence of any such disease and the particulars to be furnished by councils when transmitting returns and reports to the Commission; and (g) generally, carrying into effect the purposes of this Part relating to notifiable infectious disease.
Regulations as 142. The Governor in Council may make regulations in Ac. shops relation to premises in which are conducted hairdressers' shops NO;>6024 beauty parlours or other like establishments or chiropodists' establishments for or with respect to— (a) requiring the registration of such premises with councils and prescribing a fee not exceeding One pound for such registration; (b) the cleanliness of such premises; (c) ensuring the cleansing and disinfecting of all appliances implements tools of trade and things used therein; (d) the prevention of the occurrence of infectious diseases from the use of any such appliances implements tools or things; (
PART VII.—TUBERCULOSIS. 143. In this Part " Director" means the Director of interpretation. Tuberculosis appointed pursuant to this Part. ND6024°r s. 143.
144. (1) The execution on the thirteenth day of September Authorization One thousand nine hundred and forty-nine on behalf of the State It approval •of Victoria of the Arrangement a copy of which is set out in the witrhngernent Fifth Schedule to this Act is hereby declared to have been ratified weaithlS" and the Arrangement so executed is hereby declared to have futJ^uiosis. been approved. Fifth Schedule. (2) The Arrangement so executed shall be carried into effect. s.°44.
145. (1) The Governor in Council may from time to time ^g?^^ appoint a Director of Tuberculosis who shall, subject to the Chief TubercSiosi" Health Officer or any other officer for the time being responsible ^f024 for the control of the tuberculosis services of the Department of Health, have the general direction and control of all State institutions and services relating to the diagnosis treatment or •control of tuberculosis.
(2) Subject to the following provisions of this Part the Termor Director shall hold office for such term not exceeding five years ° "' as is specified in his appointment but shall at the expiration of his term of office be eligible for reappointment for a further term not •exceeding five years.
146. (1) The Director shall not be subject to the Public ^^^of Service Act 1958 and shall receive a salary at such rate as is employment 24 determined by the Governor in Council prior to his appointment, ^*}46° being not more than Three thousand eight hundred pounds per annum, and such salary shall be paid out of the Consolidated Revenue which is hereby to the necessary extent appropriated accordingly.
(2) The Director shall be a legally qualified medical practitioner a competent administrator and an expert in the diagnosis treatment and control of tuberculosis.
(3) The Director shall not during his continuance in office directly or indirectly engage in any paid employment or practice • outside the duties of his office.
147. (1) The Director may be suspended from his office by Suspension the Governor in Council but shall not be removed from office NQ"^06' Iexcept as hereinafter provided. st47- 952 1958. Health. No. 6270
Report to (2) The Minister shall cause to be laid before both Houses Parliament. of Parliament a full statement of the grounds of suspension of the Director within seven days after such suspension if Parliament is then sitting or if Parliament is not then sitting then within seven days after the next meeting of Parliament. Restoration to or removal (3) The Director so suspended shall be restored to office by from office. the Governor in Council unless each House of Parliament within forty-two days after the day when such statement is laid before it and in the same session severally declares by resolution that the said Director ought to be removed from office; and if each House within such time so declares the said Director shall be removed by the Governor in Council accordingly.
Vacation of office. 148. The Director shall be deemed to have vacated his No. 6024 office if he becomes bankrupt or insolvent or applies to take s.148. the benefit of any Act for relief of bankrupt or insolvent debtors or compounds with his creditors or makes an assignment of his property for their benefit or makes a deed or arrangement under any law relating to bankruptcy or insolvency.
Deputy 149. (1) In the case of the absence of the Director through No."«tt4 illness or other cause or of the suspension of the Director or of a «•"»• vacancy in the office of Director, the Governor in Council may appoint some other person to act as the deputy of such Director during such absence suspension or vacancy and no longer, and may at any time remove any such deputy; and any such deputy shall during the time for which he acts have all the powers and perform all the duties and be entitled to all the immunities of the Director. (2) The person appointed to act as the deputy of the Director shall have the same qualifications as are prescribed in this Act in respect of the Director.
PART VIII.—VACCINATION AGAINST SMALL-POX. interpretation. iso. In this Part unless inconsistent with the context or RHO?24 subject-matter—
" Public Public vaccinator" means a medical practitioner vaccinator.' appointed as a public vaccinator under this Part.
Appointment 151. (1) The Governor in Council may appoint and remove of public vaccinators public vaccinators who shall have such duties as are prescribed. &c. and of places for public (2) The Commission may by notice published in the vaccination. Government Gazette appoint places for public vaccination; and in No. 6024 s. 151. like manner revoke any such appointment; and may cause notice to be given of the days and hours at which public vaccinators will attend at such places. 1958. Health. No. 6270 953 (3) No person shall be appointed a public vaccinator unless Puwic ,. i • i •• vaccinators to he is a medical practitioner. be medical practitioners. (4) All public vaccinators holding office immediately before savings. the commencement of this Act shall be deemed to have been duly appointed hereunder. (5) All places (being immediately before the commencement of this Act places appointed for the performance of public vaccination) shall be deemed to have been duly appointed as such places hereunder. (6) In case of the illness or absence of a public vaccinator Pr?vlsion'?j i „;. . , • i-i • • -i acting public the Minister may authorize a medical practitioner to act in the vaccinator. place of such public vaccinator during such illness or absence and no longer; and every medical practitioner so acting shall during the time for which he so acts have and may exercise all the powers and duties of such public vaccinator. 152. (1) Subject to and in accordance with this Part and v„a"Won . . • . t i, * . > o .!• • by public the regulations it shall be the duty of every public vaccinator— vaccinator. (a) to vaccinate any child under the age of seven years ^Tsl?24 ' brought to him for vaccination unless in his opinion the child is then unfit for vaccination; and (b) in any case where any child under the age of seven years brought to him for vaccination is found to be then unfit for vaccination or where the vaccination of any such child has been unsuccessful—to vaccinate or re-vaccinate the child if brought to him for that purpose at any time within twelve months thereafter. (2) No charge shall be made by any public vaccinator to the No£,arss parents of any child for any vaccination or re-vaccination under Sparems" *u:„ „„„*:„., for such tniS Section. vaccination. 153. No public vaccinator shall be entitled to any fee or Payment for remuneration for successfully vaccinating any person who has ta'ceSn3"011 been previously successfully vaccinated unless such re-vaccination cases- JT , .J e • i- ...... No. 6024 is performed in pursuance of or in compliance with any directions s. m. or instructions issued under the authority of the Governor in Council, in which such case such public vaccinator shall be entitled to receive for each case of such successful re-vaccination the prescribed fee. 154. The Commission shall provide such books and forms Books and as it deems requisite for carrying into full effect the provisions Crowded.1* of this Part and the regulations thereunder. No. MM s. 154. 954 1958. Health. No. 6270
Supplier of 155. (1) The Commission shall provide a supply of pure and NO°.C6024 tested vaccine and may supply the same to councils public s. i'55. vaccinators and other medical practitioners in accordance with the regulations and either free of charge or at such reasonable charges as are prescribed. (2) No vaccine other than that supplied under this section shall be used for purposes of vaccination unless with the consent of the Commission. inoculation 156. (1) Every person who inoculates himself or any other pe°iS>n"to person with material from a vaccine vesicle taken from another fortwden. person shall be guilty of an offence against this Act. No. 6024 s. 156. Punishment oi (2) Every person who— persons Sherwise18 or (a) produces or attempts to produce in any person by producing inoculation with variolous matter the disease of small-pox. ,. small-pox; or (b) by wilful exposure to variolous matter or to any matter article or thing contaminated with variolous matter or wilfully by any other means whatsoever produces such disease in any person— shall be liable to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than twelve months. Regulations. 157. The Governor in Council may make regulations for or Noj.6024 wjth respect t0 (a) prescribing forms of returns and books of record to be used in connexion with vaccination or otherwise under this Part; and defining the particulars to be entered therein; (b) prescribing the conditions under which vaccine may be supplied to councils public vaccinators or other medical practitioners and the charges (if any) for the supply thereof; (c) prescribing the manner in which vaccination shall be performed and the precautions to be observed by those performing it and by the persons vaccinated or by the parents of children vaccinated; (d) defining " successful vaccination " and " vaccine " for the purposes of this Part; (e) prescribing the duties of public vaccinators and the fees to be paid to public vaccinators for the performance of any duties under this Part; and (/) generally, carrying into effect the purposes of this Part. 1958.. Health. No. .6270 955
PART IX.—BIRTHS NOTIFICATION. 158. In this Part unless inconsistent with the context or interpretation, subject-matter— ^ji?24 " Infant Welfare Centre" means an institution .. tnfant establishment or place where or in connexion with Wefar<;. i . * r ,. - . - . Centre. which parents or guardians of infants may receive expert advice relating to the preservation of the health of infants but at or in connexion with which infants are not received as inmates and from or in connexion with which infants are not boarded out. 159. This Part shall apply in the case of every birth of a Application child in Victoria, whether the child is born alive or dead and Invictoru! whether prematurely or at full time, but shall not apply in the N^*024 case of the delivery of a non-viable foetus.
160. (1) In the case of every child born in Victoria it shall Early . . , J notification be the duty— of births. (a) of the midwife or (if no midwife is engaged) of any s.°' Saving as to 161. The notice required to be given under this Part shall Act providing for be in addition to and not in substitution for the requirements registration of births. of any Act relating to the registration of births. No. 6024 s. 161. Regulations. 162. The Governor in Council may make regulations for or No. 6024 s. 162. with respect to prescribing all matters and things required to be prescribed or necessary or convenient to be prescribed for carrying this Part into effect. PART X.—HOSPITALS. DIVISION 1. PUBLIC HOSPITALS FOR INFECTIOUS DISEASES. Sub-Division 1.—Fairfield Hospital. interpretation. 153. (j) in this subdivision unless inconsistent with the SMO?24 context or subject-matter— •• Board." « Board " means the Fairfield Hospital Board constituted under this Part. •• Hospital." " Hospital" means the Queen's Memorial Infectious Diseases Hospital at Fairfield. Moneys borrowed by (2) Any moneys borrowed under section twenty-three of Board under Nos. 3704 and the Infectious Diseases Hospital Act 1928 or any corresponding 403). previous enactment or under the Infectious Diseases Hospital Act 1932 shall be secured on the credit of the Hospitals and Charities Fund. 1958. Health. No. 6270 9.57 alIfi el 164. (1) The Queen's Memorial Infectious Diseases [l 1 <| Hospital at Fairfield shall be a hospital for the care and treatment ^^4' of persons suffering from infectious disease and may be called s-164- the " Fairfield Hospital ". (2) The Commission of Public Health may from time to time consent to the use of any of the wards wings or parts of the hospital for the accommodation of general medical and surgical cases for such period as that Commission specifies. 165. (1) There shall be a board of management of the Fairfield hospital to be called the " Fairfield Hospital Board" consisting Board, of not more than fourteen members appointed by the Governor in f^f2* Council as hereinafter provided after consultation by the Minister with the Commission of Public Health and the Hospitals and Charities Commission. (2) By the name of the "Fairfield Hospital Board'' such 0 Board shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued and of taking purchasing holding exchanging leasing and disposing of real and personal property subject to and for the purposes of this subdivision. (3) The Board shall be responsible for the management of the hospital and for the maintenance of an efficient staff of medical practitioners and nurses and the appointment or employment of such other officers employes and persons as are necessary. (4) All the powers rights and authorities conferred or imposed on the Board whether by this or any other Act shall whenever the Minister deems fit be exercisable by the Minister and when so exercised by the Minister shall, if the Minister so directs, supersede any act order direction or notice of the Board. 166. (1) Subject to this subdivision each member of the Tenure of Board shall be appointed for such term (not exceeding six years) ^Tom as is fixed by the Governor in Council at or before the time of his s. 166. appointment and shall be eligible for re-appointment. Forfeiture of (2) If any member of the Board— office. (a) dies; (b) resigns in writing addressed to the Minister; (c) becomes bankrupt or compounds with his creditors or makes a deed or arrangement for the benefit of his creditors; (d) is convicted of any indictable offence; or (e) is without the permission of the Board absent from four consecutive ordinary meetings of the Board— his office shall thereupon become vacant. 958 1958. Health. No. 6270 (3) Any member of the Board may at any time be removed by the Governor in Council and his office shall thereupon become vacant. Extraordinary (4) Any vacancy in the office of a member of the Board vacancies. occasioned by any cause whatsoever other than retirement at the end of the term for which he was appointed shall be filled within two months after the occurrence of such vacancy by the appointment of a member who shall subject to this subdivision hold office for the unexpired term of the person in whose place he was appointed. Meetings of Board. 167. (1) The Board shall hold meetings at such times and No. 6024 places as the Board appoints. s. 167. (2) The powers duties and authorities of the Board may be exercised by a quorum thereof of not less than seven members. Chairman. 168. (1) The Board shall annually at its first meeting after No. 6024 k. 168. the thirtieth day of June in each year and whenever an extraordinary vacancy occurs in the office of chairman elect one of its members to be chairman of the Board. (2) Such chairman shall hold office until the next thirtieth day of June or the election of his successor and shall be eligible for re-election. (3) In the event of the illness or absence from Victoria of the chairman of the Board the Board may elect one of its members to act temporarily as chairman during such illness or absence. (4) At all meetings of the Board the chairman, if present, shall preside and in his absence such member as is chosen by the members present shall preside. (5) The chairman of a meeting shall have a casting as well as a deliberative vote. (6) Subject to this subdivision and the regulations and by-laws thereunder the Board may regulate its own proceedings. Enquiries and inspections. (1) The Commission of Public Health and the No. 6024 Hospitals and Charities Commission may at any time and when s. 169. required by the Minister shall cause to be made such inquiries and inspections as it or he thinks fit as to any matter whatsoever relating or incidental to the hospital. 1958. Health. No. 6270 959 (2) The Board shall before the last day of August in each Annual year furnish to the Minister a report of its proceedings generally report. for the year ending on the last day of June next preceding containing details of such matters as the Minister directs. 170. The Minister after consultation with the Commission of Disposal of Public Health and the Hospitals and Charities Commission may ^^24 authorize the Board to dispose of any land which is vested in it. s-1?°- 171. (1) The Board may with the approval of the |^«rs of Commission of Public Health and the Hospitals and Charities N°^4 Commission make by-laws not inconsistent with this subdivision »•">• or the regulations thereunder for or with respect to— (a) the regulation of its proceedings; (b) the powers and duties and the control supervision and guidance and the regulation and discipline of officers employes and persons appointed or employed by the Board; (c) generally, all matters whatsoever affecting the internal management of the hospital. (2) No such by-law shall be of any force or effect until one month after it is confirmed by the Governor in Council and until it has been published in the Government Gazette. 172. The Governor in Council may after consultation by Regulations the Minister with the Commission of Public Health and the in Council. Hospitals and Charities Commission make regulations for or ^f?4 with respect to— (a) the infectious or contagious diseases which may be treated in the hospital; (b) any conditions for or restrictions on the reception of patients into the hospital and the maximum charges to be made in respect of patients in general medical and surgical wards at the hospital; (c) any forms to be used under this subdivision; (d) prescribing any matters required or permitted by this subdivision to be prescribed by regulations or necessary or expedient to be prescribed for carrying out any of the provisions of this subdivision. 960 1958. Health. No. 6270 Subdivision 2.—Other Infectious Diseases Hospitals. Interpretation- 173. In this subdivision unless inconsistent with the context No. 6024 a. 173. or subject-matter— " Accom " Accommodation" includes beds bedding furniture modation." equipment and appliances necessary for the proper accommodation of persons suffering from infectious disease and the replacement repair and renovation of such beds bedding furniture equipment and appliances. ' Hospital." " Hospital " includes place of isolation. ' Maintain.' " Maintain" in relation to any hospital (including any ward or wing in a hospital) includes replace repair and renovate beds bedding furniture equipment and appliances. " Net costs and " Net costs and expenses " means the amount remaining expenses." after deducting from the total costs and expenses any moneys received in relation to patients buildings equipment and maintenance from any source other than the Hospitals and Charities Fund. " Persons suffering from " Persons suffering from infectious disease" includes infectious disease." " contacts " and " carriers ". " Provision." " Provision " of hospitals (including any wards or wings in hospitals) by the Hospitals and Charities Commission includes the erection re-building and extension and also the equipment and furnishing thereof. • Treatment." " Treatment" includes medical and nursing attention and the supply of medicines appliances and other things necessary for the proper treatment of persons suffering from infectious disease. Hospitals and Charities 174. (1) The Hospitals and Charities Commission shall Commission at the request of the Commission of Public Health arrange for to arrange for the the provision of temporary or permanent hospitals (including irovision of fnfectious wards or wings in existing hospitals) or for the acquisition of diseases hospitals. hospitals for the accommodation maintenance and treatment of No. 6024 persons suffering from infectious disease and for that purpose may s. 174. require the committee of management of any hospital receiving aid from the State, separately or jointly with the committee of management of any other such hospital, to afford such accommodation maintenance and treatment. (2) The site and the plans and specifications of every such hospital shall be subject to the approval of both the Commission of Public Health and the Hospitals and Charities Commission. 1958. Health. No. 6270 961' (3) Every such hospital shall belong to the institution or body controlling such hospital. , rs nd 175. (1) In case of special emergency any council or d £tY£ 0? combination of councils may, and when required by the eouncH°as to Commission of Public Health shall, establish and maintain a diseases hospitals. temporary hospital for the accommodation maintenance and iw ^ treatment of persons suffering from infectious disease. s-""No. 602? 4 (2) With the consent of the Governor in Council such a Temporary temporary hospital may be established on any public reserve d'sSLS" notwithstanding any enactment condition or trust affecting such pubUc reserve: reserves. Provided that when the Governor in Council is satisfied that the emergency has ceased he may by notice in the Government Gazette revoke his consent and thereafter such enactment condition or trust shall have effect as if this section had not passed and the hospital shall be removed utilized or disposed of as the Governor in Council directs consistently with any such enactment condition or trust. (3) In every case where a hospital or accommodation is J^JjJjJgy maintained or a temporary hospital is established by any council Or and nursing combination of councils as aforesaid— a^ruon'Sem of costs. (a) the council or combination of councils concerned shall provide and maintain an efficient staff of medical practitioners nurses and attendants; (b) the net costs and expenses incurred in maintaining the hospital shall be repaid to any councils or committee of management concerned from the Hospitals and Charities Fund. > nt 176. (1) When two or more councils combine in establishing 0?"{|£f |EfI or maintaining a temporary hospital the Governor in Council may provfded by if he thinks fit appoint a committee of management of such hospital councils, consisting of such number of persons as the Governor in Council N°-7«M4 determines. (2) On appointment the committee of management— (a) shall be charged with the establishment maintenance and management of the hospital; (b) may appoint and dismiss officers and servants; and (c) may by the name of " The committee of management of the hospital" (naming the hospital) enter into contracts and by that name sue and be sued. VOL. in.—31 962 1958. Health. No. 6270 DIVISION 2.—HOSPITALS FOR TUBERCULOSIS. Power to Commission 177. The Commission may out of moneys provided by to provide equip and Parliament for the purpose— maintain hospitals for (a) provide and maintain hospitals for the accommodation the treatment of maintenance and treatment of persons suffering tuberculosis. from tuberculosis; and No. 6024 8.177. (b) provide and maintain a ward or wing in any hospital for the accommodation maintenance and treatment of patients suffering from tuberculosis. DIVISION 3. PRIVATE HOSPITALS. Interpretation. No. 6024 178. (1) In this Division if not inconsistent with the context 8.178. or subject-matter— " Private " Private hospital " means any building house tent or place hospital." (other than an institution supported in whole or in part by or receiving aid from the State) in which cases of any prescribed class or classes are received or lodged or in which it is intended that they shall be received or lodged for medical or surgical treatment and for attendance or care and for which a charge is made and includes any hospital which is under the Hospitals and Charities Act 1958 or any corresponding previous enactment declared by the Governor in Council to be exempted from the operation of that Act or enactment. 1 Proprietor." " Proprietor " of a private hospital includes the owner the occupier or any person having the management or control thereof. Hospitals and Charities (2) In this Division and (in relation to the powers and Commission to administer duties by this Division conferred or imposed on the Hospitals and this Division. Charities Commission) in Parts XIX. and XX. unless inconsistent with the context or subject-matter " Commission" means the Hospitals and Charities Commission. Private • hospitals to be 179. (1) All private hospitals shall be registered with the registered. Commission. No. 6024 s. 179. Registration (2) A private hospital may be registered for the reception of in respect of prescribed cases of such class or classes as are prescribed. classes of Power and (3) Upon any application for registration or renewal of duties of Commission. registration the Commission shall (as the case requires) inquire into and take into consideration— (a) the suitability of the premises and of the site and situation thereof and the sanitary arrangements thereof for the purposes of a private hospital; 1958. Health. No. 6270 963 (b) the character of the applicant and the fitness of the applicant to carry on a private hospital; and (c) the management equipment and staff of the hospital. (4) The Commission may grant any application for registration or renewal of registration (with or without conditions) or may refuse the same. 180. (1) If a private hospital is not registered or is used for offences, any purpose other than that for which it is registered or if the ^"'so?24 proprietor thereof wilfully fails or refuses to comply with any lawful direction of the Commission the proprietor shall be guilty of an offence against this Act. v (2) If any patient is received into a private hospital not being ^'n t^f a patient of any class permitted by or under this Act to be so g^°JJfr received the proprietor shall be guilty of an offence against permitted, this Act. 181. (1) Notwithstanding anything in this Division the Power of Commissio/~i • n may grant. exemption... s rfro m complianci- e wit• ih any tCommissioo dispensen prescribed requirement (save the payment of the prescribed fee) requirements. in the case of districts where it appears to the Commission that it ^'Jgf024 would be unreasonable to insist on such compliance. (2) Where any exemption is granted under this section a ?,!*££,£„ statement to that effect shall be indorsed on the certificate of to be stated, registration. (3) Any such exemption may at any time be revoked or ^"e'^Lc. varied by the Commission. exemption. 182. (1) Before commencing the erection building or SS'adSttoa rebuilding of any private hospital or any addition to or alteration {£,$£12? or extension of a private hospital or any existing building with the NO. 60M view of using the same as a private hospital the proprietor shall— s. 182. (a) submit to the Commission plans and specifications of the proposed works together with such other particulars as are prescribed or as the Commission requires; and (b) obtain the Commission's approval of such plans and specifications. (2) The Commission may approve of the plans and specifications with or without modifications or conditions; or may disapprove of the same. (3) No such works shall be undertaken or carried out except in accordance with the plans and specifications as so approved or as modified by the Commission from time to time. 964 1958. Health. No. 6270 " Case book." 183. (1) In every private hospital there shall be kept in No. 6024 s. 183. accordance with the regulations a book to be called a " case book ". Entries to be (2) Entries in the case book shall be made by the person in made. charge of the hospital at the times and in the manner prescribed. Inspection of (3) Any medical practitioner specially authorized thereto in casebooks. writing by the Commission shall be entitled to inspect such case book on demand and to make any extracts therefrom. Offences. (4) Every person— (a) whose duty it is to make any entry in such case book and who does not make the same or knowingly suppresses any material fact therefrom or enters any untrue particulars therein; or (b) who save for the purposes of this Division or any regulation thereunder or in reply to any question which he is legally compellable to answer communicates or divulges to any person whomsoever any information which comes to his knowledge by having seen any entry in such book— shall be guilty of an offence against this Act. Notice of 184. When in any private hospital— certain diseases to be given to the (a) a premature birth occurs or a child is still-born; or Commission. No. 6024 (b) a patient is found or is reasonably suspected to be 8.184. suffering from— (i) puerperal fever; or (ii) the effects of any illegal abortion or attempted illegal abortion; or (iii) any disease declared by any proclamation to be a disease for the purposes of this section— the medical practitioner in charge of the case or the proprietor of the private hospital shall forthwith give notice thereof to the Commission. Evidence that 185. The fact that in any building house tent or place there house &cisa private are received and lodged as cases of any prescribed class for medical hospital. or surgical treatment and tor attendance or care— No. 6024 s. 185. (a) in any one month, any two or more persons (not members of the occupier's family); or (b) in any year, any six or more such persons— shall be prima facie evidence that the building house tent or place is a private hospital whether or not it is proved that a charge is made for or in respect of such persons. 1958. Health. No. 6270 965 186. The Governor in Council may as to private hospitals Regulations, make regulations for or with respect to— ""isf!24 (a) prescribing the class or classes of cases which may be received therein and the management thereof and the classification thereof in accordance with the equipment and staff thereof and the class or classes of cases received therein; (b) prescribing the methods of and materials to be used in the construction ventilation lighting drainage and sanitation thereof; (c) requiring the provision of means of ingress and egress and of appliances for preventing controlling or extinguishing fires and of fire escapes and sanitary conveniences; (d) the form of case books and the making of entries therein and the times within which entries shall be made; and (e) generally, carrying into effect the purposes of this Division. PART XI.—BUILDINGS. DIVISION 1. PERMANENT AND TEMPORARY PUBLIC BUILDINGS. 187. In this Division unless inconsistent with the context or interpretation, subject-matter— aTsx24 "Alteration" includes alteration addition or extension; "Alteration." and " to alter " has a corresponding interpretation. " TO alter." " Erection" includes erection building rebuilding " Erection." re-erection and removal and re-erection on another site; and "to erect" has a corresponding "To *rect" interpretation. ] nane,,, " Permanent public building " means a public building of a pU SiE permanent character. building." " Proprietor " of a public building includes the owner the " Proprietor." occupier the manager the trustees the persons by whose authority the public building has been or is being or is intended to be erected or altered or any person having the management or control thereof. porary " Temporary public building" means a public building ''u^iT which is not of a permanent character and includes tuiidinE." any tent or marquee with accommodation for fifty or more persons in which, or any other movable temporary structure of any kind in or upon which, 966 1958. Health. No. 6270 members of the public are or are to be invited to sit stand or assemble on one or more than one occasion for the purposes of recreation amusement entertainment or instruction. Permanent Public Buildings. Application (1) Whenever it is intended to erect or to alter any for approval of Commission permanent public building the proprietor shall— for erection or alteration (a) make application in writing to the Commission for its of permanent public buildings. approval; and No. 6024 (b) forthwith send notice in writing to the council of the s. 188. fact of such application having been made. Particulars (2) Such application shall be accompanied by all such plans with application. specifications descriptions information and particulars as are prescribed; and any further or other information shall be supplied as and when the Commission requires. Powers and (3) The Commission may (with or without any modifications duties of Commission or conditions) approve of the plans and specifications or may refuse the application. Commission (4) Without affecting any other powers or duties of the to consider suitability of Commission the Commission shall take into consideration the site. suitability of the site for the purposes of the proposed building or alteration; and may refuse its approval if in its opinion the site is unsuitable. Undertaking Every person who undertakes begins or continues the work without approval an work of erecting or altering a permanent public building without offence. the approval of the Commission shall be guilty of an offence No. 6024 s. 189. against this Act. Notice of 190. When the erection or alteration of a permanent public completion to be given. building is completed the proprietor shall forthwith give notice in No. 6024 writing thereof to the Commission and to the Council. s. 190. Approval of (1) A permanent public building or any extension Commission or council thereof shall not be opened— required before (a) without the approval in writing of the Commission; or opening. No. 6024 (b) (in any case or class of cases in which the Commission s. 191. authorizes councils to give such approval) without the approval in writing of the council— and in any such approval the Commission or the council (as the case may be) may include terms specifying the use or uses to which the public building or extension may be put and the maximum number of persons who may be accommodated in such building or extension. 1958. Health. No. 6270 967 (2) If without such approval or contrary to the terms included Penalties, therein any permanent public building or any extension thereof is opened or remains open the proprietor shall be liable to a penalty of not more than One hundred pounds and to a further penalty of not more than Ten pounds for every day or night during which the same remains open without such approval or contrary to the terms included therein. 192. The Commission may charge a prescribed fee for the Fees- examination of plans and specifications of a permanent public '^"M?24 building under this Part: Provided that the minimum fee shall be Five shillings and the maximum fee Ten pounds. 193. (1) Public buildings of the following classes shall be Permanent registered with the Commission, namely:— |uiidfngs which require registration. (a) Any theatre, opera house, concert music assembly No. 6024 dance or cinematograph hall, cabaret, skating rink, s"m arena, amphitheatre or circus, or any building, enclosure, gallery, platform, tent or structure whatsoever in around or upon which numbers of people are usually or occasionally assembled for the purposes of recreation, amusement, entertainment, or instruction—if the same is of a permanent character; and (b) Any class or classes of public buildings of a permanent character declared by proclamation to come within this section. (2) If any such public building is not registered the offence, proprietor shall be guilty of an offence against this Act. (3) This section shall not apply to any public building vested Exceptions. • in or the property of any municipality any public body specially created by statute or any body of persons declared by proclamation to be a public body within the meaning of this section. (4) The provisions of Part VI. of the Fifteenth Schedule of Application the Local Government Act 1958 (so far only as they refer to c^^'ment registration) shall not apply to public buildings required to be Ff/,'eenth registered under this section and section four of the said Part p^tdvie' VI. shall take effect as if after the word " ground " there were inserted therein the words " or any public building registered with the Commission of Public Health under the Health Act 1958 ". (5) For the purposes of this section a public building shall be Permanent Cter of deemed to be of a permanent character if it remains for more than pUbifc six months on the same site. buildings. 968 1958. Health. No. 6270 Temporary Public Buildings. As to erection of 194. A temporary public building shall not be erected unless— temporary ubllc (a) plans and specifications thereof have been approved by Cuildings. No. 6024 the Commission; and s. 194. (b) the council has consented to such erection on the site proposed. Application for 195. (1) The proprietor of any temporary public building Commission's may make application in writing for the approval of the approval of plans of Commission to the plans and specifications thereof. temporary public buildings. (2) The application shall be accompanied by such plans and No. 6024 specifications of the building and such descriptions and particulars s. 193. relating to the building as are prescribed; and any further or other information shall be supplied as and when the Commission requires. (3) The Commission may (with or without any modifications and subject to any conditions it thinks fit to impose) approve the plans and specifications of the building or may refuse to approve the plans and specifications. (4) The Commission may charge a prescribed fee for the examination of plans and specifications under this section: Provided that the minimum fee shall be Five shillings and the maximum fee Five pounds. Application 196. (1) The proprietor of any temporary public building the for council's consent to plans and specifications of which have been approved by the erect temporary Commission as aforesaid may make application to the council for public buildings. its consent to erect such building. No. 6024 s. 196. (2) Every such application shall— (a) be in writing; (b) specify the site upon which it is proposed to erect the building and the dates and times on which and the purposes for which the building is proposed to be used; (c) be accompanied by the prescribed fee (not exceeding One pound). (3) The council may (with or without any modifications and subject to such conditions as it thinks fit to impose) grant its consent to the erection of the building or may refuse to grant its consent. 1958. Health. No. 6270 96& 197. If any temporary public building is erected— Erection of J r J r a temporary (a) without the approval of the Commission and the building consent of the council obtained as aforesaid; Of approval and consent an (b) otherwise than in compliance with such approval °ffen^ or consent or any modifications or conditions s.m. aforesaid of the Commission or the council— the proprietor of the temporary public building shall be guilty of an offence against this Act. Provisions Generally Applicable to Public Buildings. 198. (1) Every public building (heretofore or hereafter inspection, erected altered or opened) may be inspected by any authorized JJ^J024 officer whether during the erection or alteration thereof or after the same has been completed. (2) Any public building in which public amusements or entertainments or public meetings are held may be inspected by any such officer at any time during the day-time or at any time at night when such building is open. 199. (1) Where the Commission is satisfied that in the case Power to of any public building any requirement of or under this Act is not requirements. complied with the Commission may by order in writing direct the N0.6024 proprietor thereof to take such steps as are specified in the order to comply with the same. B (2) When such an order has been served on the proprietor and ^'r" has not been complied with within fourteen days after such service or such further time as the Commission allows the Commission may by order in writing direct the proprietor to close such public building and to keep the same closed until such order is complied with to the satisfaction of the Commission, and the same shall be closed accordingly and remain closed until the Commission otherwise in writing directs. (3) Notwithstanding anything hereinbefore contained the Commission may if in its opinion the necessity of the case so requires order any public building which it deems unsafe (whether structurally or by reason of danger from fire or otherwise) to be closed forthwith, and the same shall be closed accordingly and remain closed until the Commission otherwise in writing directs. (4) Every person who contravenes or fails to comply with any offence, order under this section shall be guilty of an offence against this Act. 970 1958. Health. No. 6270 Application to (5) In the application of the provisions of this section to any sclfoo"e building or premises in which a registered school within the premises. meaning of Part III. of the Education Act 1958 is held— (a) " Proprietor " shall also include the head teacher of such school; and (b) any person who teaches a school in any such buildings or premises while a closing order is in operation shall also be guilty of an offence against this Act. Regulations. Regulations 200. (1) The Governor in Council may as to public buildings buiidSg^!'0 make regulations for or with respect to— ^2bo?M (a) the making of applications for the approval of the Commission in connexion with the erection or alteration of public buildings and the plans specifications descriptions and information and notices to be supplied or given in connexion therewith; (b) regulating the construction of public buildings as regards strength stability and protection against fire; and limiting the number of persons (whether sitting or standing) to be accommodated; and prescribing the minimum space for each person; and providing for the marking of such standing or sitting space; (c) the prevention of obstruction in gangways passages and aisles; (d) the means and methods of lighting (whether natural or artificial) warming cooling ventilation (including the amount of floor-space or air-space having regard to the number of persons to be accommodated) drainage and sanitation; (e) the provision of proper and sufficient means of ingress and egress and of proper and sufficient means of access to and from open spaces or public thoroughfares; (/) the construction and arrangement of seats so as to secure a healthy and comfortable posture and speedy exit; (g) empowering or requiring members of the police force or authorized officers to prevent persons entering a public building when there are within the building sufficient persons to occupy the seating and standing accommodation prescribed by the regulations; («) the provision of suitable and sufficient sanitary conveniences; 1958. Health. No. 6270 971 (i) securing the public safety and convenience; (/') prescribing fees for examination of plans and specifications under this Part; and (k) generally, carrying into effect the provisions of this Act as to public buildings. (2) Regulations under this section— Application .. . • i , • , i • of regulations (a) save as otherwise expressly provided m the regulations fbuildings0,.^'^. shall apply with respect to both permanent public buildings and temporary public buildings irrespective of whether the permanent public building or temporary public building concerned was constructed before or after the commencemenl of this Act; and (b) may impose for any breach thereof a penalty of not more than One hundred pounds and in the case of a continuing offence a further daily penalty of not more than Ten pounds. DIVISION 2. HOUSES. 201. (1) Upon the certificate of any officer of the Department overcrowding l s or of the medical officer of health or of any two medical ^0 ^ ' practitioners that any house or any part thereof is so overcrowded »•201- as to be dangerous to the health of the inmates or inhabitants or persons employed therein the council shall cause complaint to be made before any justice who may summon before a court of petty sessions the person permitting such overcrowding. (2) The court may thereupon make such order as it thinks fit to abate such overcrowding. (3) Every person who permits such overcrowding shall be guilty of an offence against this Act. 202. (1) No person shall furnish let or occupy or permit or occupying suffer to be occupied as a dwelling any cellar. dwelling's. No. 6024 (2) Every person who contravenes the provisions of the last s-202- preceding sub-section shall be guilty of an offence against this Act; and the court may direct the closing of the cellar so occupied for such time as it thinks necessary or may empower the council to close the same permanently. (3) Any cellar vault or underground room in which any person passes the night shall be deemed to be a cellar occupied as a dwelling and the fact that any cellar vault or underground room is furnished so as to be capable of being used as a living room or as a bedroom shall be prima facie evidence that the same is a cellar occupied as a dwelling. 972 1958. Health. No. 6270 stagnant 203. (1) No person shall permit or suffer any waste or stagnant "eliafs &c. water or any filthy liquid to remain in any cellar or in under or N°io«>24 about any house or premises for twenty-four hours after notice given to him by the council or an officer thereof to remove the same. (2) (a) If any council or authorized officer has reason to suspect that there is any waste or stagnant water or any filthy liquid in any cellar or in under or about any house or premises the council or officer after twenty-four hours' notice in writing to the occupier or owner— (i) may enter into or upon such cellar house or premises; and (ii) may cause any floor or portion thereof to be opened up. (b) If no waste or stagnant water or filthy liquid is found underneath any floor so removed the council shall cause the floor or portion thereof so removed to be repaired and made good. (c) If any waste or stagnant water or filthy liquid is found under any such floor all expenses incurred in the removal and repair of such floor, or portion thereof, shall be chargeable to the owner or occupier of the house or premises and may be recovered by the council from such owner or occupier. (d) Before any waste or stagnant water having an offensive smell or any offensive liquid is removed from any cellar house or premises the owner or occupier of such house or premises shall cause such water or liquid to be thoroughly deodorized and (if so required by the council) disinfected. Asphalting 204. (1) The owner or occupier of any house to which there ofdcenl'il is a cellar shall if so required by the council and within a time 1*^6024 (being not less than fourteen days) to be specified in a notice in s. 204. writing by the council cause such cellar to be paved or asphalted and ventilated in manner directed by and to the satisfaction of the council. (2) If such cellar is subject to the leakage of water thereinto and there is no drain for the discharge of such water such owner or occupier— (a) shall if so required by the council construct in such cellar where when and as directed and to the satisfaction of the council a well for the gathering of such leakage; and (6) upon completion of such well shall cause the same to be regularly emptied at intervals not exceeding twenty-four hours. 1958. Health. No. 6270 973 205. No person shall erect or undertake begin or carry on the D*e.IUn| °°* erection of any dwelling on any land liable to flooding from on land liable the overflow of waters from any river creek stream water-course i?fl°^l,n8' , , , . J No. 6024 lake lagoon swamp or marsh. s. 205. 206. (1) No person shall remove or cause to be removed any Provision^ house (whether in whole or in part) from one municipal district houses from to another without the consent in writing of the council for the district to " municipal district to which the same is to be removed; and such "not^ council shall not give such consent unless and until it has received s.2'06. a certificate as hereinafter provided. (2) Before any such house is so removed the person proposing to remove the same shall make application in writing to the council for the municipal district in which the same is situate for a certificate that the same is in a sanitary condition and not likely to convey infection of any infectious disease; and upon receipt of such application such council shall cause its medical officer of health to forthwith inspect the house and report as to whether or not the same is in a sanitary condition or likely to convey any such infection; and on receipt of such report such council shall grant or refuse the certificate applied for. (3) If such a certificate is granted the person to whom it is granted shall forward it to the council for the municipal district to which the house is to be removed. 207. (1) No building not originally built as and for a Buildings not hitherto used dwelling-house within the limits ot a municipal district whether as dwellings not to be so built before or after the commencement of this Act shall be used without converted into or used as a dwelling-house without the previous consent. No. 6024 consent of the council, which may grant such consent upon and s. 207. subject to such conditions as it sees fit or in its discretion may refuse the same. (2) Upon any information by an officer of a council before a court of petty sessions of infringement of any of the provisions of this section, the court in addition to the imposition of a penalty for an offence against this Part may declare such building a common nuisance and order such building to be removed by the owner thereof and in his default by the council, and the costs and expenses of such removal if effected by the council to be paid to the council by the owner of such building and such costs and expenses may be recovered before any court of competent jurisdiction. 208. (1) Upon the receipt of a certificate of its medical officer Prohibition o( building on of health or of any two medical practitioners or of any inspector or unhealthy sites. officer of the Department certifying that any land (as distinguished No. 6024 from houses or buildings) within any city town or borough is unfit 5. 208. for human habitation the council may cause inquiry to be made, and may by order published in the Government Gazette prohibit 1958. Health. No. 6270 the erection of any house or building on any such land unless and until better access drainage and light or proper ventilation is provided or any sanitary defects are remedied to the satisfaction of the council whereupon such order may be revoked. (2) Orders under this section shall be served on either the owner or occupier of such land by producing to such owner or occupier a copy of the Government Gazette containing such order, and in case neither the owner nor occupier can be found such order shall be served by fixing the same to some conspicuous place on such land. (3) If there is a house or building on such land the council may if necessary order that such house or building be removed or destroyed and if such house or building has been erected prior to the first day of January One thousand eight hundred and ninety that compensation be paid to the owner thereof for such removal or destruction. (4) The amount of compensation to be paid if disputed shall be ascertained and determined in the manner provided for settling cases of disputed compensation in the Lands Compensation Act 1958; and for the purposes of this Act the following expressions in the said Act shall save when the context is inconsistent therewith have the following meaning:— " The Board of Land and Works " and " the Board " shall mean the council. " The special Act" shall mean this Act. (5) One moiety of such compensation shall be paid by the council out of the municipal fund and the other moiety by the Minister of Health out of any moneys provided for by Parliament. (6) Every person who during the continuance of such order builds or continues to build or causes to be built any house or other building on such land shall be guilty of an offence against this Act. (7) Any house or other building erected or being erected contrary to the provisions of this section and every house or other building or part thereof which under the provisions of this Part has been declared to be not fit for human occupation or habitation may be pulled down and removed by order of the council; and the costs and expenses of such pulling down and removal if effected by the council shall be paid to the council by the owner of such house or other building; and such costs and expenses may be recovered before any court of competent jurisdiction; and no proceeding at law or otherwise shall be taken or lie against any council member or officer thereof for anything done under the provisions of this Part if the matter or thing complained of were done bona fide in the execution of such provisions. 1958. Health. No. 6270 975 PART XII.—ACCOMMODATION HOUSES, CAMPS AND CAMPING AREAS, EATING-HOUSES AND FOOD PREMISES. DIVISION 1. BOARDING-HOUSES. 209. In this Division unless inconsistent with the context or interpretation, subject-matter— ^M*?24 " Proprietor " of a boarding-house includes the owner the " Proprietor." occupier or any person having the management or control thereof. 210. Every boarding-house shall be registered with the council. Boarding- houses to be registered. No. 6024 s. 210. 211. If any boarding-house is not registered or if there is with ounces, respect thereto any contravention of or failure to comply with this £211?24 Act or the regulations the proprietor thereof shall be guilty of an offence against this Act. 212. (1) The Governor in Council may as to boarding-houses Regulations as make regulations for or with respect to— houses. (a) fixing and from time to time varying the number of ^l?24 persons to be accommodated; (b) the classification and the inspection of boarding-houses; (c) the drainage of the premises; (d) the provision of proper and sufficient means of egress and of suitable and sufficient sanitary conveniences and baths; (e) promoting the cleanliness lighting and ventilation (including the amount of floor-space and air-space having regard to the number of persons to be accommodated) of the premises; (/) the maintenance of the premises in a proper state of repair; (g) requiring the provision of suitable stores for the keeping and storage of food properly constructed situated and ventilated and sufficient in capacity; and (h) generally, carrying into effect the purposes of this Act. (2) Save as otherwise expressly provided therein all such Regulations as regulations shall apply to boarding-houses whether constructed hoSseT""8' before or after the commencement of this Act. bXr™o?eadfter commence ment of this Ad. (3) Notwithstanding anything in this or any other Act any of Power to such regulations may be made so as to extend and apply with regulations to respect to licensed victuallers' premises.. " "Saw premises. 976 1958. Health. No. 6270 DIVISION 2.—COMMON LODGING-HOUSES. Interpretation. 213. In this Division unless inconsistent with the context or No. 6024 s. 213. subject-matter— " Keeper." " Keeper " of a common lodging-house includes the ownei the occupier or any person having the management or control thereof. Registration. 214. (1) No person shall keep a common lodging-house or No. 6024 receive a lodger therein unless the house is registered with the 8. 214. council. Condition of (2) The council may refuse to register as the keeper of a registration. common lodging-house a person who is in the opinion of the council an unfit person. Notice of 215. Every keeper of a common lodging-house shall if required registration to be affixed. in writing by the council so to do affix and keep undefaced and No. 6024 legible a notice with the words " Registered Lodging-house " in s. 215. some conspicuous place on the outside of such house. Supply of 216. (1) When it appears to the council that any common water. No. 6024 lodging-house is without a proper supply of water for the use of the s. 216. lodgers the council may by notice in writing require the keeper of such house within a time specified therein to obtain such supply and to do all works necessary for that purpose. (2) If the notice is not complied with accordingly the council may suspend the registration of such house until it is complied with. Cleansing. 217. Every keeper of a common lodging-house shall when No. 6024 s. 217. required by the council cleanse with any disinfectant or material approved by the council the walls and ceilings of such house. Inspection. 218. Every such keeper shall at all times when required by No. 6024 any authorized officer give him free access to such house or any 8. 218. part thereof. Regulations as 219. (1) The Governor in Council may as to common to common lodging- lodging-houses make regulations for or with respect to— houses. No. 6024 (a) fixing and from time to time varying the number of s.219. lodgers to be accommodated therein; (b) the separation of the sexes therein; (c) regulating the cleanliness lighting ventilation (including the amount of floor space and air space having regard to the number of persons to be accommodated) drainage and sanitation thereof; id) the provisions of proper and sufficient means of egress and of suitable and sufficient sanitary conveniences and baths; 1958. Health. No. 6270 977 (e) enforcing the destruction of vermin therein; (/) the cleansing or painting and disinfecting of the premises and the paving and draining of the courts and court-yards thereof; (g) providing for the proper management of common lodging-houses; and (A) generally, carrying into effect the purposes of this Act. (2) Save as otherwise expressly provided therein all such Regulations a» regulations shall apply to all common lodging-houses whether lodging™0" constructed before or after the commencement of this Act. constructed before ot after the commence ment of this Act. DIVISION 3.—APARTMENT-HOUSES. 220. (1) In this Division unless inconsistent with the interpretation. context or subject-matter— ^ZJO?24 " Apartment" means any part of a building or any •• Apartment." room or rooms in a building which part or room or rooms is or are used or intended to be used for the purpose of residence by any occupier or occupiers other than members of the family or employes of the proprietor having a right to the exclusive use thereof together with a right to use in common with others any kitchen bathroom laundry or sanitary facilities in the building, but does not include— (a) any part of or room or rooms in a boarding-house or a common lodging-house; (b) any part of or room or rooms in a licensed victualler's premises; (c) any suite of rooms being a portion or portions of a building, and forming a complete residence including kitchen and bathroom and sanitary conveniences, under the exclusive control of the occupier. " Apartment-house" means any house tent or edifice " Apartment, building or other structure permanent or otherwise house" and any part of such premises which is used in whole or in part by more than three persons as apartments. "Proprietor" of an apartment house includes the " Proprietor." owner the occupier or any person having the management or control thereof. (2) Every apartment-house shall be registered with the Apartment* ~~.._„:i houses to be COUnCll. registered. 978 1958. Health. No. 6270 Offences. (3) If any apartment-house is not registered or if there is with respect thereto any contravention of or failure to comply with this section or the regulations thereunder the proprietor thereof shall be guilty of an offence against this Act. Regulations (4) The Governor in Council may as to apartment-houses as to apartment- make regulations for or with respect to— houses. (a) fixing and from time to time varying the number of persons who may be accommodated; (b) regulating the lighting and ventilation (including the amount of floor space and air space having regard to the number of persons to be accommodated); (c) the type of construction as regards means of ingress and egress and protection against fire; (d) classification and inspection; (e) the provision of suitable and sufficient sanitary conveniences and baths; (/) the cleanliness and drainage of laundry kitchen bathroom or sanitary facilities in common use and of the surroundings; (g) generally, the control of such houses. DIVISION 4. CAMPS AND CAMPING AREAS. Interpretation. 221. (1) In this Division unless inconsistent with the context No. 6024 s. 221. or subject-matter— " Camping " Camping area " means any area of land which persons area." are frequently intermittently or seasonally permitted to use for camping for a consideration to the proprietor of the land. ' Proprietor." " Proprietor" includes the owner occupier or person having the control or management of any land. Camping areas to be (2) (a) Every camping area shall be registered with the registered. council, but the council shall not grant or renew the registration of a camping area if in its opinion the site is or has become unsuitable for camping. Non- application (b) This sub-section shall not apply to any camping area of section. on any land owned and occupied by or under the control and management of any municipality or public statutory body. Offences by (3) Any proprietor of land required to be registered as a proprietor. camping area who permits or allows any person to camp on such land shall unless the land is so registered be guilty of an offence against this Act. 1958. Health. No. 6270 979 (4) Any proprietor of a registered camping area who permits or allows any person camping thereon to contravene any of the regulations relating thereto shall be guilty of an offence against this Act. (5) The Governor in Council may as to camping areas and Regulations camps make regulations for or with respect to— areas ancf (a) the prevention of the pollution of any source of water campln8' supply and the suitability of sites in relation to possibilities of such pollution; (b) the regulation and control of drainage and sanitation and the securing of the cleanliness thereof; (c) the provision of suitable and sufficient space for and access to tents and caravans therein; (d) the provisions of a wholesome water supply and suitable facilities for cooking washing and bathing therein; (e) the prevention and suppression of fire; (/) generally securing the proper provision conduct and management thereof. DIVISION 5. EATING-HOUSES. 222. In this Division unless inconsistent with the context or interpretation subject-matter— s**^4 " Eating-house " means any house tent or edifice building " Eating- or other structure (permanent or otherwise) and any house- part thereof in which meals are served to the public for gain or reward not being any licensed victualler's premises or premises to which a temporary victualler's licence applies or any boarding-house or common lodging-house or any house tent edifice building or other structure used temporarily for serving meals to the public at any fair show military encampment races or other public sports games or amusements. " Proprietor " of an eating-house includes the owner the " Proprietor." occupier or any person having the management or control thereof. 223. (1) This Division shall apply to cities and towns. Application of this Division. No. 6024 s. 223. (2) The Governor in Council on the recommendation of the Power to Commission may by proclamation extend and apply this Division provwonsw to any borough or to any shire or part thereof. shires.shs ard 224. No person shall keep an eating-house or serve meals to Eating-houses the public therein for gain or reward unless the same is registered registered. with the council. "vf24 980 1958. Health. No. 6270 Offences. 225. If any eating-house is not registered or if there is with NO-2«>24 respect thereto any contravention of or failure to comply with this Act or the regulations the proprietor thereof shall be guilty of an offence against this Act. Regulations. 226. (1) The Governor in Council may make regulations for £ Si!?24 or wito respect to— (a) the inspection of eating-houses; (b) the drainage thereof; (c) the provision of suitable lavatories and sanitary conveniences; (d) the cleanliness lighting and ventilation of the premises; (g) the maintenance of the premises in a proper state of repair; (/) requiring the provision of suitable stores for the keeping and storage of food for human consumption properly constructed situated and ventilated and sufficient in capacity and the cleansing of cooking eating and drinking utensils; (g) requiring that such stores shall be so constructed and maintained as to exclude flies and rodents or other vermin therefrom; and (h) generally, carrying into effect the purposes of this Division. Regulations as (2) Save as otherwise expressly provided therein all such no5sranwhether regulations shall apply to all eating-houses whether constructed bSforeuoJeadfter before or after the commencement of this Act. commence ment ot this Act. (3) Notwithstanding anything in this or any other Act any of such regulations may be made so as to extend and apply with respect to licensed victuallers' premises. DIVISION 6.—FOOD PREMISES. Interpretation. 227. (1) In this Division unless inconsistent with the context No. 6024 or subject-matter— s. 227. J " Food >t " Food premises " means any premises or part thereof, premises." nQt jjemg premiSes required to be registered under any other provision of this Part or under section two hundred and forty-four of this Act where food of any sort is manufactured prepared or stored for sale or is sold, and includes a milk bar. - Proprietor." " Proprietor " of any food premises includes the owner the occupier or any person having the control or management thereof. 1958. Health. No. 6270 981 (2) Every food premises shall be registered with the council. Registration premises. (3) If any food premises are not so registered or if there is with respect thereto any contravention of or failure to comply with this section or the regulations thereunder the proprietor thereof shall be guilty of an offence against this Act. (4) The Governor in Council may make regulations for or with respect to the construction cleanliness drainage lighting and ventilation of food premises. PART XIII.—PRECAUTIONS AGAINST FIRE. 228. (1) The Governor in Council, as to all or any of the Regulations following classes of buildings, namely:— prevention Ac (a) Public buildings; s.228. (b) Licensed victuallers' premises boarding-houses common lodging-houses or any other like establishments—in which more than twenty-five persons usually reside; (c) Factories work-rooms shops warehouses stores banks or offices—in which more than twenty-five persons are usually employed ; and (d) Buildings containing more than ten separate tenements— may make regulations for or with respect to— (a) prescribing precautions to be adopted and apparatus and appliances to be provided and kept for the prevention control or extinction of fire and for saving life at fires; (b) prescribing how such apparatus and appliances are to be maintained and where they are to be installed and kept; and (c) generally, the preventing controlling or extinguishing of fires and the saving of life at fires. (2) In the case of specified public buildings or specified classes of public buildings such regulations may also provide for all or any of the following matters:— (a) The methods of using lights and lighting apparatus fires and heating apparatus fire-arms fireworks and cinematograph or similar apparatus; (b) The storage of scenery and properties and other combustible matter; and 982 1958. Health. No. 6270 (c) Requiring the employment and attendance of skilled persons (being members of metropolitan fire brigades within the meaning of the Metropolitan No. 3682. Fire Brigades Act 1958 or urban brigades within No. 5040. the meaning of the Country Fire Authority Act 1958 or persons thereto authorized whether generally or specifically by the Chief Officers respectively of metropolitan and of urban brigades) sufficient in number for the proper using of apparatus and appliances for the prevention control or extinction of fires and for saving life at fires and prescribing the duties of such persons. PART XIV.—FOOD, DRUGS, SUBSTANCES, AND ARTICLES. DIVISION 1. GENERAL. Interpretation. When food is to be deemed 229. Without limiting or affecting any other provisions of to be sold or this Act— kept for sale. No. 6024 food shall for the purposes of this Act be deemed to be s. 229. sold or to be for sale or to be kept for sale; and a person shall be deemed to sell food; if such food— (a) has been or is made up or included in or prepared or cooked or is being made up or included in or prepared or cooked for; or (b) may in the ordinary course of business be made up or included in or prepared or cooked for— any meal or refreshment or beverage supplied or to be supplied or which may in the ordinary course of business be supplied for gain or reward or for any express or implied promise of gain or reward. Food, Drugs, &c. Prohibition of 230. Every person who— the mixing of injurious ingredients (a) mixes colours stains or powders or causes or permits or and of selling the same. suffers any other person to mix colour stain or Nb. 6024 powder any food with any ingredient or material so s. 230. as to render the food injurious to health with intent that the same may be sold in that state; or (6) sells any such food so mixed coloured stained or powdered— shall be guilty of an offence against this Part. 1958. Health. No. 6270 983 p r u n of 231. Every person who sells to the prejudice of the purchaser t h °^ 0°f any food or drug which is not of the nature substance or quality of food and of the food or drug demanded by such purchaser shall be guilty of an tht ffroper offence against this Part: SKSSnce and quality. Provide d that in anJy Cprosecution under this section it shall be a NO. eou goodJ jdefence r — S. 231. (a) where any matter or ingredient not injurious to health has been added to the food or drug, that the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption and not fraudulently to conceal the inferior quality of the food or drug; (b) that the food or drug is a proprietary medicine within the meaning of Division three of this Part or is the subject of a patent in force and is supplied in the state required by the specification of the patent; (c) that the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation or being of known instability has undergone any unavoidable change; or (d) that in the case of spirits not adulterated otherwise than by the admixture of water such spirits are not reduced by such admixture below twenty-five degrees under proof for brandy or whisky or thirty-five degrees under proof for gin or rum or such other standard as is hereafter prescribed for the before-mentioned or any other spirits. 232. Every person who sells any compound food or drug Provision for which is not composed of ingredients in accordance with the compounded demand of the purchaser shall be guilty of an offence against ^^""^ this Part. s.232. 233. No person shall be guilty of any offence aforesaid in Effect of respect of the sale of any food or drug mixed with any matter or P°befor ingredient (not injurious to health and not intended fraudulently to No. 6024 conceal its inferior quality) if at the time of delivery there is s-233' supplied on or with the food or drug or the package containing the same a notice or label distinctly and legibly written or printed to the effect that the same is mixed and stating the exact nature or proportional composition of such mixture. 234. (1) Every person who— Prohibitions of abstraction (a) (with the intent that the same may be sold in its SS5Vi*S!to a d se, in altered state without notice) abstracts from any " u ' s.. -j _**•*. 4. a ,. • • • 1 • w»tl»out notice. food any part of it so as to affect injuriously its N0.6024 nature substance or quality; or s-234> 984 1958. Health. No. 6270 (b) sells any food so altered without making a disclosure of the alterations— shall be guilty of an offence against this Act. Special provisions as (2) In any prosecution under this section it shall not be a to milk. good defence to prove that milk has been reduced in value merely by the removal of the whole or a portion of its cream, and such removal shall be deemed to injuriously affect the quality of such milk. (3) Nothing in this section shall prevent the sale of skimmed or separated milk in accordance with the regulations. Prohibition of 235. (1) Every person who sells milk or cream from cows to sale of milk Ac. of his knowledge suffering from actinomycosis anthrax tuberculosis diseased cows. pleuro-pneumonia or any disease declared by proclamation to be a No. 6024 disease within the meaning of this section shall be guilty of an s.235. offence against this Part. (2) Every person who sells butter manufactured from milk or cream from cows to his knowledge suffering from any such disease shall be guilty of an offence against this Part. (3) The court before which any person is charged with an offence against this section shall dismiss the charge if it appears to the court that the defendant took all reasonable and practicable means to inquire and ascertain whether or not the milk or cream came from cows suffering from any such disease. Possession of unwholesome 236. (1) Every person who sells or imports or has in his food or diseased possession or under his control for the purpose of sale or storage or animals an preparation for sale for human consumption— offence. No. 6024 (i) any food of a nature deleterious to health or s. 236. unwholesome; (ii) any meat which has been blown spouted greased stuffed or pricked; (iii) any meat from the carcass of an animal which has died otherwise than by slaughter; or (iv) any diseased animals or carcasses of diseased animals— shall be guilty of an offence against this Part. (2) Every person who exposes or leaves or causes to be exposed or left in or drives or causes to be driven to any market auction or sale-yard for sale any animal suffering from— (a) pleuro-pneumonia tuberculosis anthrax; or (b) any disease or ailment whatsoever to such an extent as to render such animal when slaughtered unfit for human consumption— shall be guilty of an offence against this Part. 1958. Health. No. 6270 985: (3) No person shall be convicted under this section if he satisfies the court that he offended against the provisions thereof without knowledge and that he could not with reasonable diligence have obtained such knowledge. 237. Every person who exposes for sale any carcass of meat Frozen me* which is or has been frozen and does not affix and keep affixed be labelled. thereto a label stating distinctly and legibly in printed or written f0^24 characters that such meat is frozen meat shall be guilty of an offence against this Act. 238. Every person who sells any food drug article or substance Adulterated which is adulterated or falsely described or is packed for sale articles not contrary to this Part or any regulation thereunder shall be guilty of pa?kldI&e. an offence against this Part. llot t0J*S0ld- ° No. 6024 s. 238. 239. (1) For the purposes of this Part, where any shop or Name on shop other premises is or are used for the sale of any food drug article prima fatie or substance or where any vehicle (other than a vehicle used ownership' solely in connexion with the business of a common carrier) is ohfear«ciraic. used for the delivery or sale of any food drug article or substance therein- the name of any person appearing on such shop premises or vehicle s^f?24 shall be prima facie evidence that such person is the owner of such shop premises or vehicle and of any food drug article or substance contained therein. (2) Any person who sells any food drug article or substance sale by person which is adulterated or falsely described or is packed for sale article Ac. contrary to this Part or any regulation thereunder from any shop vehTciseh&?. a r e or other premises or any vehicle which bears or bear the name of £f an> %^ any other person shall be deemed to have sold such food drug S«nedsaie article or substance as the servant or agent of such other person ^M^oSer unless and until the contrary is proved. ?crsocn.° 240. For the purposes of this Part any food drug article or Adulteration substance shall be deemed adulterated or falsely described when— description. (a) it contains or is mixed or diluted with any substance in ^2^* any quantity to the prejudice of the purchaser or consumer or in any proportion which diminishes in any manner its food value or nutritive properties as compared with the same in a pure or normal state and in an undeteriorated or sound condition; (b) it contains or is mixed with or diluted with any substance of lower commercial value than the same in a pure or normal state and in an undeteriorated or sound condition; (c) it does not comply with the standard prescribed therefor by or under this Act; 986 1958. Health. No. 6270 (d) it contains any substance prescribed as a prohibited addition; (e) it contains any substance (concerning which any restrictive regulation has been made) in excess of any quantity or proportion permitted by such regulation; (/) it contains methyl alcohol or (not having paid Customs or excise duty) it contains more than two parts of proof spirit per centum; or (g) being in a package it is described by any stamped or stencilled or impressed or printed or written label or claim or brand or covering or mark purporting to name or indicate the nature quality strength purity composition origin age or proportion of such food drug article or substance or of ingredients or substances contained therein which label claim brand covering or mark is false or incorrect or misleading. Miscellaneous. Injurious 241. Every person who (except as prescribed by or under "PPSWS. this Act) sells or uses in the manufacture preserving packing No. 6024 storage or conducting of any food for sale any cooking utensil or s'241, any appliance— (a) consisting wholly or in part of lead or of any metal alloy containing more than ten per centum by weight of lead; or (b) soldered (where in contact with any food) with a metal alloy containing more than ten per centum by weight of lead; or (c) tinned or lined inside with a metal alloy containing more than one per centum by weight of lead; or (d) containing enamel or glaze or india-rubber or gutta-percha which on boiling for thirty minutes with vinegar containing four per centum by weight of acetic acid yields lead to the latter; or (e) containing more than one-fourth of one grain of arsenicum per pound of metal alloy or enamel or glaze or india-rubber or gutta-percha; or (/) consisting of or containing more than, or having a lining or coating inside consisting of or containing more than, a prescribed amount of or proportion of, any specified substance— shall be guilty of an offence against this Part. 1958. Health. No. 6270 987 242. (1) No person shall sell to the prejudice of the public Disinfectants health or to the prejudice of the purchaser any substance under the No 6024 name or description of or apparently with the intention that the s-2*2- same may be used as a disinfectant or germicide or antiseptic or preservative. (2) The Commission may prohibit the sale of any such substance as a disinfectant or germicide or antiseptic or preservative; but no such prohibition shall be made until a reasonable opportunity has been given to the manufacturer importer or selling agent of the substance to place his objections to such prohibition before the Commission which shall thereupon refer the matter to the Food Standards Committee for consideration and advice. (3) The Commission may require concerning disinfectants germicides antiseptics or preservatives such information or directions as it deems fit to be set out on labels attached or affixed to packages containing the same. (4) When disinfectants germicides antiseptics or preservatives are in liquid form the containing receptacles shall be of the prescribed shape. (5) Every person who contravenes or fails to comply with any of the provisions of this section or any prohibition or requirement thereunder shall be guilty of an offence against this Part. 243. Every person who manufactures or prepares for sale Aerated ginger-beer hop-beer or any similar beer lemonade cordials soda be made of water lithia water or other mineral water or any artificially aerated prescribed water unless the water used in the manufacture or preparation !Jan^" thereof is of the standard prescribed by or under this Act shall be s.243. guilty of an offence against this Act. 244. Every owner or occupier of any premises at or in any Premises part of which eggs for sale are received or stored for the purpose rr/cMiSf of being chilled shall, unless such premises are registered with registered, the council, be guilty of an offence against this Act. N244024 245. Every person who manufactures or sells— Substances prohibited in (a) any toys ; or toys wait v ' * J ' papers &c. (b) any wall paper decorative paper or paper serviettes— NO.6024 in or upon which there is any paint colour facing dressing size or varnish or other matter containing any specified substance or any specified substance exceeding such allowable quantity as is prescribed by or under this Act shall be guilty of an offence against this Part. 988 1958. Health. No. 6270 Paper wrappers 246. Every person who manufactures or sells— and textile materials Ac. (a) any paper used in the enclosure of any food which containing specified paper contains or has any paint colour facing substances. dressing size or varnish therein or thereon which No. 6024 s.246. contains— (i) any specified substance ; or (ii) any specified substance exceeding such allowable quantity as is prescribed by or under this Act; or (b) any textile substance or leather intended for or capable of being used in the manufacture of human clothing (including hats and boots) and containing or dressed or weighted or filled with— (i) any specified substance ; or (ii) any specified substance exceeding such allowable quantity as is prescribed by or under this Act— shall be guilty of an offence against this Part: Provided that any person who manufactures or sells leather (other than sole leather or other leather customarily sold by weight) dressed with barium sulphate or other compound of barium insoluble in water shall not solely by reason thereof be guilty of a contravention of this section. Substances 247. (1) Every person who manufactures or sells any beer >rohibited in {)eer. which contains arsenic lead copper strychnine cocculus indicus No. 6024 picric acid or any substance or compound in excess of any s. 247. proportion prescribed by or under this Act shall be guilty of an offence against this Part. Beer.' (2) In this section the word " beer " includes ale porter stout lager beer and any beer liable to Customs or excise duties. Power to 248. (1) The Commission— Commission to examine and report on (a) may at its own instance or at the request of any advertised food drugs council cause to be analyzed or examined any food appliances tc. or drug or appliance which is advertised or offered No. 6024 or exposed for sale for the purpose of ascertaining s. 248. its composition and properties; (b) shall compare the results of the analysis or examination with any advertisement which relates to the food or drug or appliance and with the price at which it is sold; and (c) shall prepare and forward to the Minister a report thereon which report may include any comments which the Commission thinks desirable in the public interest. 1958. Health. No. 6270 989 (2) The Commission may thereupon with the approval of the Minister cause the report to be published in the Government Gazette and in any newspaper or public print circulating within Victoria and to be distributed among the public in any other way; and no action shall lie in respect of such publication. (3) Any proprietor or manager of a newspaper or public print may republish any such report which has been published by the Commission as aforesaid; and no action shall lie against such proprietor or manager in respect of the re-publication. (4) In this section "appliance" includes any instrument or -Appliance.- contrivance which is advertised exhibited or offered for sale as of use for the prevention cure or relief of any human ailment or physical defect. 249. (1) Every person who publishes or causes to be ^1^tion published any statement which— statements , v . . , , , , , , , concerning (a) is mtended or apparently intended by such person or medicine *c. any other person to promote the sale of any food ^f!2* drug or substance or of any article as a medicine preparation or appliance for the prevention cure or relief of any human ailment or physical defect; and (b) is false in any material particular relating to the ingredients composition structure nature or operation of the food drug substance medicine preparation or appliance or to the effects which have followed or may follow the use thereof— shall be guilty of an offence against this Part. (2) A statement shall be deemed to be published within the Meaning of meaning of this section if it is— tioPn.""ca" (a) inserted in any newspaper printed and published in Victoria; or (6) publicly exhibited in view of persons in any street or public place; or (c) contained in any document gratuitously sent to any person through the post or gratuitously delivered to any person or left upon premises in the occupation of any person. (3) If in contravention of this section any statement is Offence in inserted in a newspaper printed and published in Victoria the mfuicauon printer publisher and proprietor of that newspaper shall severally lnVlctoria- (and without excluding the liability of any other person) be guilty of an offence against this Part: Provided that no prosecution shall be instituted against the proviso, printer publisher or proprietor of any newspaper printed and published in Victoria for the publication of any statement in 990 1958. Health. No. 6270 contravention of this section unless he has been warned by the Commission of the falsity of the statement or of some other statement substantially to the same effect and that the publication thereof is an offence against this Part. Offence In (4) Every person who sells any newspaper or publication respect of selling in published outside of Victoria containing any statement which— Victoria publications &c. published (a) is intended or apparently intended to promote the elsewhere. sale of any article as a medicine preparation or appliance for the prevention cure or relief of any human ailment or physical defect; and (b) is false in any material particular relating to the ingredients composition structure nature or operation of the medicine preparation or appliance or to the effects which have followed or may follow the use thereof— shall be guilty of an offence against this Part: proviso. Provided that no prosecution shall be instituted against any such person unless he has been warned by the Commission of the falsity of the statement or of some other statement substantially to the same effect and that the selling of any such newspaper or publication is an offence against this Part. DIVISION 2.—WINE. Interpretation. 250. In this Division unless inconsistent with the context or No. 6024 s. 250. subject-matter— '• Wine." " Wine" means the product solely of the alcoholic fermentation of the juice or must of fresh grapes. 1 Dry wine.** " Dry wine" means wine produced by complete fermentation of the sugar contained in the juice or must of the fresh grapes from which it is made. " Fortified " Fortified wine " means wine to which pure wine spirit has wine." been added. "Sweet " Sweet wine " means wine containing sugar derived only wine." from the juice or must of the fresh grapes from which it is made. " Sparkling " Sparkling wine " means wine surcharged with carbonic wine." acid gas produced only by the process of fermentation. " Pure wine " Pure wine spirit" means the rectified distillate resulting spirit." from the distillation solely ot wines. 1958. Health. No. 6270 1 Foreign substance "— (a) includes the following and such others as the Governor in Council on the recommendation of the Food Standards Committee by proclamation declares to be foreign substances, viz.:—Ethers essential oils bitter almond cherry laurel flavouring substances alkaloidal substances compounds of barium fluorine magnesium strontium bismuth arsenic lead zinc aluminium tin copper boron derivatives of naphthol (abrastol &c.) sulphuric acid formalin or formaldehyde salicylic acid or other antiseptics (except sulphurous acid as provided for hereinafter) glycerine saccharine dulcine sucrovin crystallose impure starch sugar impure spirits containing fusel oil or aldehydes organic or mineral colouring matters gums and any mixtures containing any of these substances; but (b) does not include the following and such others as the Governor in Council on the recommendation of the Food Standards Committee by proclamation declares— (i) yeast or leaven; (ii) substances such as isinglass gelatine eggs albumen (not including blood or milk as such) Spanish clay kaolin or tannin for the purpose of clarification; (iii) tartaric acid; (iv) natural products of grapevine leaves or flowers; (v) pure wine spirit added for the purpose of increasing the alcoholic strength to an extent not exceeding forty per centum of proof spirit (or such other less percentage of proof spirit as is prescribed) in the case of sweet wine and such ocher special type of wine as is specified in a proclamation. 992 1958. Health. No. 6270 Fortified wine 251. Any person who sells port madeira or muscat or any to contain at least 32 per other fortified wine specified in a proclamation shall, unless it cent, of proof spirit contains not less than thirty-two per centum of proof spirit, be No. 6024 s. 2S1. guilty of an offence against this Part. Restriction on 252. Every person who manufactures sells or advertises for sale of wine containing sale under the name of wine or dry wine or sweet wine or sparkling foreign substances. wine or under any name popularly and commercially used as a No. 6024 designation of wine dry wine sweet wine or sparkling wine any s.252. substance except wine dry wine sweet wine or sparkling wine (as the case may be) to which before during or after the making of the same no foreign substance has been added shall be guilty of an offence against this Part. Soluble chlorides in 253. Every person who sells dry wine sweet wine or sparkling wine. wine which contains an amount of— No. 6024 s. 2S3. (a) soluble chlorides exceeding one gramme per litre or seventy grains per gallon calculated as sodium chloride; or Soluble sulphates (b) soluble sulphates which calculated as potassium and sulphur dioxide in sulphate exceeds two grammes per litre or one wine. hundred and forty grains per gallon; or (c) free sulphur dioxide exceeding forty-five milligrammes per litre or three and three-twentieths grains per gallon; or (d) total sulphur dioxide (free and combined) exceeding four hundred and fifty milligrammes per litre or thirty-one and a half grains per gallon; or which contains— (e) any foreign substance, except such amounts of ethers boron compounds or glycerine as are normally contained therein and are not in excess of any restrictive regulation made under this Part— shall be guilty of an offence against this Part. Restrictions 254. Nothing in this Division shall be deemed to prohibit the on sale of fruit wines. sale of any beverage made from fruit or sources other than fresh No. 6024 grapes and labelled or branded or designated by any name s.254. including the word " wine " if— (a) the label or brand or designation includes the name of the fruit or source from which the beverage is made; and (fc) the name of (the fruit or source from which the beverage is made is given on or in the label or brand or designation in letters of the same size as that of the letters of the word " wine." 1958. Health. ' No. 6270 993 255. Every person who manufactures or sells or advertises for Restrictions sale any unfermented grape juice to which there has been added turc or sale of any substance the addition of which to wine is prohibited under this "fipe"^"^ Division or any corresponding previous enactment shall be guilty of N°<«>24 an offence against this Part. s. 255. 256. (1) No person shall sell any wine in a bottle unless the Wine to be labelled bottle is labelled or branded in distinct letters with the name of before sale &c. the wine and the name and address of the vendor or bottler. No. 6024 s. 256. (2) After a day to be specified by proclamation any such label European appellations or brand in the case of Australian wines shall not include any not to be used for European regional appellation or name of origin known or used in Australian wines after the wine trade or in commerce as a trade description for wine proclaimed produced in Europe. date. (3) Every person who contravenes or fails to comply with this offences, section shall be guilty of an offence against this Act. (4) A proclamation under sub-section (2) of this section may be made when the Governor in Council is satisfied that there is in operation in New South Wales and in South Australia any enactment to the same effect as the said sub-section. 257. The Governor in Council may make regulations for or HOW to make regulatlons with respecect to any matters nenecessare y or convenient to be prescribed No. 6024 - to give effect to this Division. si. 257. 258. Nothing in this Division shall limit the effect of any Divisions of other provisions of this Part. umitea? No. 6024 s. 258. DIVISION 3. PROPRIETARY MEDICINES. 259. (1) In this Division unless inconsistent with the context Interpretation, No. 6024 or subject-matter— s. 259. " Advertisement", without affecting the generality of the " Advert expression, includes broadcast advertisement, price isement." list, circular letter, pamphlet, hand bill, poster, placard, label, or other written or printed matter. " Biological product" means any product prepared from " Biological animal tissue (including blood lymph and glandular product." secretion) or produced by the agency of microscopic or ultra-microscopic organisms or ferments in any manner whatsoever. " Committee " means the advisory committee constituted "Committee." under this Division. " Proprietary medicine " means any substance or mixture " Proprietary or compound of substances or biological product medlcme" which is intended to be administered or applied VOL. III.—82 994 1958. Health. No. 6270 whether internally or externally to persons for the purpose of preventing, diagnosing, curing or alleviating any disease, ailment, defect, or injury of for the purpose of testing susceptibility to any disease or ailment, but does not include— (a) any such substance, mixture, compound or product extemporaneously dispensed or prepared for a specific and individual case; or (6) any such substances, mixture, compound or product— (i) which conforms exactly to a standard formula composition or description and standard tests prescribed in the British Pharmacopoeia as in force for the time being in Victoria or in the latest edition for the time being of the British Pharmaceutical Codex or of the Australian and New Zealand Pharmaceutical Formulary or of the Commonwealth Pharmaceutical Formulary or of any text book on pharmacology or materia medica approved in that behalf by the Governor in Council from time to time on the recommendation of the University of Melbourne or of the Pharmacy Board of Victoria (including any amendment of the said Pharmacopoeia Codex Formulary or text book); and (i) which is sold or proposed to be sold under any name ascribed to it in any such Pharmacopoeia Codex Formulary or text book without the addition thereto of any description or qualification whatsoever. " Register." " Register " means the register of proprietary medicines under this Act. ' roeSetered " Registered proprietary medicine " means a proprietary medicine.'' medicine an entry of which is recorded in the register and the registration of which is for the time being in force. 1958. Health. No. 6270 995 " Wholesale dealer " means any manufacturer importer " wholesale or other person who is primarily responsible for placing any proprietary medicine on the market in Victoria, and, in respect of any proprietary medicine which is placed on the market in Victoria by two or more importers or other persons independently, includes each of such importers or persons. (2) Nothing in this Division shall be deemed to extend or ^2||^r. apply to any advertisement which is published or distributed uUmemsT"' only to members of the medical dental pharmaceutical dietetic or nursing professions or which is published only in bona fide professional or trade journals ordinarily circulating only among such members. 260. (1) For the purposes of this Division there shall be Constitutioo constituted an advisory committee. wm^itte? No. 6024 ;,. 260. (2) The committee shall consist of six persons appointed by Membership the Governor in Council of whom— of commi,tee- (a) one shall be a health officer of the Department of Health (being a legally qualified medical practitioner) who shall be appointed as chairman of the committee; (b) one shall be a teacher of or lecturer in pharmacology or materia medica appointed after consultation by the Minister with the council of the University of Melbourne; (c) one shall be a registered pharmaceutical chemist appointed from a panel of not less than three names submitted to the Minister by the Pharmacy Board of Victoria; (d) one shall be a representative of manufacturers of proprietary medicines appointed from a panel of not less than three names submitted to the Minister by the proprietary medicine manufacturers' section of the Proprietary Articles Trade Association of Victoria; (e) one shall be a legally qualified medical practitioner practising as a physician appointed from a panel of not less than three names submitted to the Minister by the Victorian Branch of the British Medical Association; and (/) one shall be a registered pharmaceutical chemist carrying on business as a retail chemist and druggist appointed from a panel of not less than three names submitted by the governing body for Victoria of the Federated Pharmaceutical Service Guild of Australia. 996 1958. Health. No. 6270 Provision in (3) If at any time any of the bodies aforesaid fails, within case of failure of consultation one month after receipt of a request in writing in that behalf or submission of panel of from the Minister, to consult with the Minister or to submit a names. panel of names as aforesaid (as the case may require), the Governor in Council may without such consultation or submission appoint any otherwise eligible person to be a member of the committee and the person so appointed shall for all purposes be deemed to have been duly appointed. Term of office. (4) Subject to this Division the several members of the committee shall hold office for a period of not more than three years but shall be eligible for re-appointment if then qualified. Removal. (5) The Governor in Council may at any time remove any member of the committee. Filling (6) Any vacancy in the office of member of the committee vacancies. however arising shall be filled by the appointment of a qualified person thereto. Quorum. (7) A quorum of the committee shall consist of the chairman and at least three other members of the committee. Decisions of (8) The decision upon any matter of a majority of the committee. members present at any meeting of the committee shall be the decision of the committee upon such matter: Provided that in the event of an equality of votes upon any matter the chairman shall have a second or casting vote. Conduct of (9) Save as is otherwise prescribed the committee may meet business &c. at such times and places and may conduct the business in such manner as it thinks fit. Fees of (10) The members of the committee shall severally receive members. such fees for their services as are prescribed. Applications 261. (1) Where at any time after the commencement of this for registration Act any wholesale dealer— of proprietary medicines or altered (a) proposes to sell any proprietary medicine not registered proprietary medicines. under this Division; or No. 6024 (b) proposes to alter in any way the prescription or s. 261. composition of or any of the other registered particulars with respect to any proprietary medicine registered under this Division— such wholesale dealer shall with respect to such proprietary medicine or (as the case may be) to such proprietary medicine as so altered make to the Chief Health Officer an application for registration of such proprietary medicine in writing in the prescribed manner and form setting out— (a) his name and place of business; (b) the distinctive name of such proprietary medicine; 1958. Health. No. 6270 997 (c) the place of manufacture thereof and the name of the manufacturer; (d) (i) in the case of a proprietary medicine other than a biological product—the prescription thereof, that is to say, the actual prescription to which such proprietary medicine is made stating all the constituent parts and their respective proportions and the constituent parts thereof which are claimed to have prophylactic, diagnostic, therapeutic or susceptibility-testing value; and (ii) in the case of a proprietary medicine which is a biological product—the composition thereof, that is to say, the specific organism or product or ingredient claimed to be the active principle of such biological product and the concentration of such organism product or ingredient; (e) full directions for the use and the administration or application (as the case may be) of such proprietary medicine; (/) a statement of the purposes for which such proprietary medicine is claimed to be efficacious, that is to say, a statement of— (i) the diseases, ailments, defects or injuries which it is claimed to prevent, diagnose, cure or alleviate; or (ii) the diseases or ailments for susceptibility to which it is claimed to provide a test— when administered or applied in accordance with such directions; (g) a full description of any package in which such proprietary medicine is sold or proposed to be sold and of any label attached to or used or proposed to be attached to or used in connexion with such package; and (h) such other matters as are prescribed. (2) Every such application shall be accompanied by— Statutory declaration and fee to (a) a statutory declaration by such wholesale dealer or, accompany where such wholesale dealer is a body corporate, application. by a director, manager or secretary of such body corporate verifying the statements and particulars contained in such application; and (b) the prescribed fee. 998 1958. Health. No. 6270 As to applications (3) Where any proprietary medicine is placed on the market in case of in Victoria by more than one wholesale dealer and one of such more than one wholesale wholesale dealers has duly made application for registration of dealer in any proprietary such proprietary medicine it shall not be necessary for the other medicineedV . or others of such wholesale dealers to make application for registration of such proprietary medicine. Information as to 262. The information as to the prescription or composition prescription or of any proprietary medicine contained in any application for composition of proprietary registration of such proprietary medicine shall be deemed medicine deemed confidential and shall not be disclosed by any member of the confidential &c. committee or any officer of the Department of Health to any other No. 6024 person without the authority in writing of the wholesale dealer in s. 262. such proprietary medicine except in pursuance of this Act or so far as is necessary in respect of any proceedings for an offence instituted or proposed to be instituted under this Act: Provided that nothing in this section shall be construed as limiting or in any manner affecting any powers authorities or immunities conferred on the Commission the Minister or any other person by this Act apart from this Division. Submission of applications 263. (1) Every application for registration of any proprietary for registration to committee. medicine shall be submitted by the Chief Health Officer to the No. 6024 committee for its report and recommendation thereon, and the 3.263. committee shall as soon as practicable thereafter furnish such report and recommendation to the Chief Health Officer. Chief Health Officer to (2) After the receipt of such report and recommendation the determine whether Chief Health Officer shall in his discretion determine whether proprietary medicine shall such proprietary medicine shall or shall not, subject to the next be registered. succeeding section, be registered under this Division. Registration in respect (3) Every registration of a proprietary medicine shall, subject of approved to the next succeeding section, be made in respect only of its uses only. sale for use for such purposes as the Chief Health Officer, after receipt of the report and recommendation of the committee, in his discretion determines. Applicant to have (4) Before recommending to the Chief Health Officer that any opportunity to be heard proprietary medicine should not be registered or that any personally proprietary medicine should be registered in respect of its sale for In certain use for some only of the purposes for which claims are made in the application for registration, the committee shall give to the applicant an opportunity to be heard by the committee, either personally or by his representative, in support of his application and, if he so desires, an opportunity to amend his application in any particular, and before determination of the application the Chief Health Officer may in his discretion give to the applicant a further similar opportunity to be heard and to amend his application. 1958. Health. No. 6270 99£ (5) No proprietary medicine shall be registered if the Proprietary medicine prescription or composition thereof or the name thereof or any not to be registered if package or label used or proposed to be used in connexion not complying with this Act therewith (as disclosed in the application for registration) does not and Poisons Act and comply with such provisions of this Act and the Poisons Act 1958 regulations and the regulations thereunder as are applicable thereto. thereunder. 264. (1) Where the Chief Health Officer determines that any £0^ce to proprietary medicine shall not be registered or that any proprietary g^jfh^^ medicine shall be registered in respect of its sale for use for some determines only of the purposes for which claims are made in the application registration or limited for registration, the Chief Health Officer shall within seven days registration"' "" . after making his determination give to the applicant, either NO. 6024 personally or by letter addressed to him at the place of business s. 264. specified in the application, notice in writing setting out the effect of his determination and the grounds on which it is based. y (2\ )/ If anyJ applicancr t is aggrieve00 d byJ the determination of the applican$$$fi*£t lo judge of Chief Health Officer he may within the prescribed period after Suprem^°fe°le receipt of such notice appeal against such determination to a judge coSt!"* of the Supreme Court. (3) Such judge shall entertain inquire into and decide upon Powers of the appeal and for that purpose may do all such acts a^plai°Snd matters and things relating thereto and in the same manner fhe^e'oT and to the same extent as he is empowered to do in the exercise of his ordinary jurisdiction, and his decision shall be final and without appeal and shall be given effect to by the Chief Health Officer. (4) The judges of the Supreme Court may make rules for J^',^ and with respect to the practice and procedure generally upon appeals under this section. 265. (1) The Chief Health Officer shall cause to be kept a proprietarRegister oyf register in the prescribed form and shall cause to be made therein medicines. u entries of all proprietary medicines which, in accordance with his f%6f determination or (in the case of appeal) the judge's decision, are to be registered under this Division showing— (a) the respective distinctive names of such proprietary medicines; (b) the respective prescriptions or compositions of such proprietary medicines as set out in the applications for registration; (c) the respective purposes for which such proprietary medicines may, in accordance with the Chief Health Officer's determination or (in the case of appeal) the judge's decision, be sold; and (d) such other matters as are prescribed. 1000 1958. Health. No. 6270 Publication of (2) As soon as practicable after the first day of August in complete copy of register fn every year in which the Minister so directs a copy of the register certain years. as on the thirty-first day of July then last past (omitting the prescriptions and compositions recorded therein) shall be published in the Government Gazette. Publication of (3) As soon as practicable after the first day of August in supplementary lists in every year in which a copy of the register is not published as other years. aforesaid a supplementary list (omitting any references to prescriptions or compositions) shall be published in the Government Gazette setting forth such additions to omissions from and amendments of the last published copy of the register as are necessary to make such last published copy conform with the register as on the thirty-first day of July then last past, and every supplementary list so published shall be deemed to be part of such last published copy of the register and such last published copy of the register shall be read and construed as subject to every such list. Publication of (4) Where any proprietary medicine is registered pursuant registration of additional to an application under section two hundred and sixty-one of this or altered proprietary Act a copy of the entry made in the register relating thereto medicine &c. (omitting the prescription or composition thereof) shall be published in the Government Gazette within fourteen days after such entry is made. Period of (5) The registration of any proprietary medicine shall come registration. into force upon the publication in the Government Gazette of the copy of the register or supplementary list or copy of an entry relating thereto, and shall remain in force until the publication in the Government Gazette pursuant to this Act of the cancellation of such registration. Published (6) Any copy of the register published as aforesaid shall be copy of register prima facie evidence that the proprietary medicines specified therein prima facie evidence of are or were registered under this Division and of the particulars registration &c. of such registration shown therein, and the absence of the name of any proprietary medicine from any copy of the register so published as aforesaid shall be prima facie evidence that such proprietary medicine is not or was noft registered under this Division. Certificate of (7) In all courts and before all persons acting judicially a Chief Health Officer certificate purporting to be signed by the Chief Health Officer— prima facie evidence of registration (a) to the effect that any proprietary medicine is or was fee. at any specified date or is not or was not at any specified date registered under this Division; or (b) setting forth any prescription composition or other matter recorded in the register with respect to any proprietary medicine and in force at any specified date— shall be prima facie evidence of the fact or facts stated in such certificate. 1958. Health. No. 6270 1001 (8) The Chief Health Officer may from time to time make {J^'S^1 all necessary additions to omissions from and amendments of the to add to and j p j x u J. *. amend register register and may from tune to time send or cause to be sent to and to cancel the wholesale dealer in any registered proprietary medicine a in8certain registered letter, addressed to him at his last known place of cases- business, inquiring whether he desires the registration of the proprietary medicine to be continued and stating that if no answer is returned within a period of three months from the posting thereof the registration of the proprietary medicine will be cancelled, and, if the said wholesale dealer by letter consents to the cancellation of the registration or if no answer is received by the Chief Health Officer within the said period of three months, then the Chief Health Officer may cause the registration of the proprietary medicine to be cancelled and the particulars thereof to be removed from the register. 266. (1) The outer container in which a proprietary medicine AS to is exposed for sale and sold by retail shall bear thereon the relating to expression " Registered Victoria" or such abbreviation thereof & Offences 267. (1) Any person who— relating to sale and advertisement of proprietary (a) sells any proprietary medicine which is not registered medicines. under this Division; No. 6024 s. 267. (b) sells as or under the name of a registered proprietary medicine any proprietary medicine which does not conform with the prescription or composition of such registered proprietary medicine as recorded in the register; (c) (being a wholesale dealer in or vendor of any registered proprietary medicine) publishes circulates or distributes or causes to be published circulated or distributed any advertisement relating to such proprietary medicine which contains— (i) any claim or statement as to the efficacy or suitability of such proprietary medicine for use for any purpose other than those in respect of which it is registered; or (ii) any claim or statement which is false or wilfully misleading; or (d) sells any registered proprietary medicine in respect of which any such claim or statement has been made or published by him either verbally or in any advertisement— shall be guilty of an offence against this Part: Saving in Provided that no person (not being the wholesale dealer in respect of sale of medicine the registered proprietary medicine in question) shall be deemed not in conformity guilty of any offence under paragraph (b) of this sub-section with register in certain unless it is proved that he knew or had reasonable grounds for cases. believing that the proprietary medicine sold did not conform with the prescription or composition as recorded in the register. Cancellation (2) Where any wholesale dealer in any registered proprietary of registration of proprietary medicine has been convicted on more than one occasion of an medicine in certain offence under the last preceding sub-section in respect of such circumstances. registered proprietary medicine (whether or not the offence is the same offence on each occasion) the Chief Health Officer may in 1958. Health. No. 6270 1003 his discretion, after receipt of a report and recommendation thereon from the committee, cause the entry of such proprietary medicine in the register to be cancelled. (3) Within fourteen days after the cancellation of such entry a notification of such cancellation shall be published in the Government Gazette and upon such publication such proprietary medicine shall cease to be registered under this Division and no application for the registration of such proprietary medicine shall be entertained within twelve months of such publication. 268. Every wholesale dealer in or vendor of any proprietary Provision of medicine shall when so required by the Chief Health Officer proprietary forward without charge to the Chief Health Officer a sample of SfK such proprietary medicine for analysis. Officer. No. 6024 s. 268. 269. The Governor in Council may make regulations for Or Regulations, with respect to— f°itfu (a) prescribing the times and places of meetings of the committee and the conduct of the business thereof and the fees to be paid to the several members thereof; (b) prescribing subject to this Division the form and manner of applications for registration of proprietary medicines; (c) prescribing the fees to be paid upon applications for registration of proprietary medicines (and the fee so prescribed in respect of a proprietary medicine made by a registered pharmaceutical chemist and sold by him only by retail at his place of business as such pharmaceutical chemist shall not exceed one-half of the fee so prescribed in respect of any other class of proprietary medicines) and providing for the repayment, in whole or in part, of any such fee where the application is made in error or the medicine in question is deemed not to be a proprietary medicine within the meaning of this Division; (d) prescribing the period for appeals against determinations of the Chief Health Officer; (e) prescribing subject to this Division the form of the register and the matters to be recorded therein; and 11) generally, prescribing any matter or thing authorized or directed to be prescribed or necessary or expedient to be prescribed for carrying this Division into effect. 1004 1958. Health. No. 6270 construction 270. The provisions of this Division shall be read and Division and construed as in aid of and not in derogation from the other provisions of provisions of this Act and the provisions of the Poisons A ct 1958. Poisonsthis Act Act. and No. 6024 s. 270. DIVISION 4. PACKAGES AND LABELS. Food or drugs 271. (1) Every person who sells in a package any food or bVitbeffi'0 drug in contravention of this section shall be guilty of an offence NO.?6024 against this Part. (2) Except in the case of packages exempted by regulations there shall be legibly and durably printed stencilled impressed or marked on or attached to every package containing any food or drug a label which shall set out the following particulars, and shall if so required by regulations be of the prescribed form and kind:— (a) in the case of a package of any food or drug— (i) the trade name or description; (ii) where appropriate, the number of the contents of the package; (iii) the name and address of the manufacturer or packer of the contents of the package; and in case the same are manufactured outside Victoria the name and address of the principal agent in Victoria for the manufacturer or packer; (iv) the place of manufacture (if within Australia) or the country of origin (if outside Australia); and (v) any prescribed particulars directions statements information or words; and (b) in the case of a package of any food— (i) whether the contents of the package are compounded imitated mixed or blended; (ii) whether in such food any substance used in the preservation thereof is present; and if so the nature and the quantity or proportion of such substance; and (iii) whether any colouring or flavouring is present in such food; and if so the nature of such colouring or flavouring; and (c) in the case of any package containing any specified drug or any compound or mixture of which any specified drug forms a part—the name of the specified drag and the quantity or proportion thereof in the package or the compound or mixture. 1958. Health. No. 6270 1005 (3) In this section "specified" means specified in any **specified." regulation of the Governor in Council made on the recommendation of the Food Standards Committee and " packer " " Packer.-* means any person or body of persons causing the contents of any package to be packed therein. 272. (1) Every manufacturer or packer of tobacco who in p|n^y for contravention of the regulations made under this section packs or tobacco1 in causes permits or suffers to be packed any tobacco prepared for cf regulations, smoking shall be guilty of an offence against this Act. f^24 (2) The Governor in Council may make regulations for or Regulations, with respect to the cleanliness and sterilization of packages in which tobacco prepared for smoking may be packed. 273. (1) Where any food or drug in connexion with which certain J , . . r <•• •• <.«-A persons there is a contravention of any of the provisions of this Act named on is sold in an unopened package to any officer, then that one of §eemae8de toC' the persons hereinafter specified to whom the facts in the thereinfood or. drug No. 6024 particular case apply— s. 273. (a) shall be deemed to have sold such food or drug to the officer as on the day of the sale thereof to him and at the place where he purchased the same; and (b) shall be liable to the same penalty as if he had actually sold such food or drug to the officer on that day and at that place. (2) The persons specified as being deemed to have sold any such food or drug as aforesaid are respectively as follows:— (a) Any person who appears from any label on such where package or attached thereto to have manufactured Faabekue8de or prepared such food or drug or to have imported the same into Victoria or to have enclosed or caused to be enclosed the same in such package or to have been the wholesale supplier of such food or drug; or (b) If there is no label on such package or attached where thereto giving any such particulars as are set out Eotteied. in the last preceding paragraph— (i) any person who had sold or supplied the same to the person (hereinafter in this section referred to as " the said last vendor ") on whose premises the package 1 was when being sold to the officer; or 1006 1958. Health. No. 6270 (ii) where such first-mentioned person purchased such food or drug already enclosed in such package from some other person prior to selling the same to the said last vendor—then such other person; or (iii) where the said last vendor fails or refuses to state to the officer the name and address of such first-mentioned person—then the said last vendor; or (iv) where such first-mentioned person purchased such food or drug already enclosed in such package from some other person prior to selling the same to the said last vendor and such first-mentioned person fails or refuses to state to an officer the name and address of such other person —then such first-mentioned person. Defence. (3) It shall be a good defence to any prosecution for or in respecect of any contravention of this section if the person charged showvss — (a) that the contravention is due to the act or default of the said last vendor or any other person who has purchased the same from the person so charged; or (b) that the contravention is due to deterioration or other causes beyond the control of the person so charged; or (c) in any case specified in paragraph (a) of the last preceding sub-section, that he did not in fact attach or cause to be attached such label as aforesaid to such food or drug or enclose or cause to be enclosed the same in the package; or (d) in any case specified in paragraph (b) of the last preceding sub-section, that he purchased such food or drug already enclosed in such package from some other person prior to selling the same to the said last vendor. AS to liability (4) Nothing in this section shall affect the liability of the of retailer &c. saj(j jast ven(jor with respect to any such contravention due to his default or to other causes within his control; and the conviction of any person under the preceding provisions of this section shall not exonerate the said last vendor or any other person from liability with respect to any such contravention. where name (5) Without affecting the generality of the application of Sppe'Sson this or anY other provision of this Act to firms or their members, label. where a firm appears from any such label to have imported 1958. Health. No. 6270 1007 manufactured or prepared any such food or drug or to have been the wholesale supplier of the same or to have enclosed the same in a package— (a) proceedings under this section may be taken (whether in a court of petty sessions or otherwise) and penalties recovered accordingly against any member or members of the firm; and (b) this section shall be read and construed and have effect as if the name or names of such member or members of the firm had appeared on such label. (6) For the purposes of this section " Wholesale supplier " *' Wholesale means a person who sells or supplies goods to any other person supplier." " Unopened for the purpose of re-sale, and " Unopened package" means a package." package which entirely encloses any food or drug and is so fastened together by means of glue wax or any adhesive substance or by any other means whatsoever that it is necessary to cut or break open the package in order to expose the contents thereof. DIVISION 5.—PURCHASE AND ANALYSIS. 274. (1) Every analysis under this Part shall be made by an Analyses to bo by approved analyst approved by the Commission. analyst. No. 6024 (2) No person shall make any such analysis unless he is so s. 274. approved. (3) The Commission may approve in writing as analysts persons possessing competent skill and experience for making any kinds of analysis specified in the approval. (4) No person shall be approved as an analyst who is directly or indirectly engaged in any trade connected with the manufacture or sale of food or drugs; and if any approved analyst becomes so engaged the Commission shall revoke its approval. 275. Every analyst shall— Duties of analysts. (a) make an analysis of any food drug or substance ^f2* submitted to him pursuant to this Part for analysis; ': (b) supply to the person submitting the same a certificate in the prescribed form setting forth the result of the analysis; and (c) where any apparatus to be used or method to be observed has been prescribed—use and observe the same accordingly and declare in his certificate that he has done so. 1008 1958. Health. No. 6270 Power to 276. Any purchaser of any food drug or substance shall on urchasers to Eave food &c. payment of the prescribed fee be entitled to submit the same to analysed. No. 6024 an analyst for analysis. s. 276. Power of 277. Any authorized officer— officer to obtain samples of (a) may (at the cost of the Department or of the council food or drugs &c. to submit concerned) procure samples of any food drug or to analyst. substance; and No. 6024 s. 277. (b) if he suspects the same to have been sold contrary to this Act shall submit the same to an analyst for analysis. Officer to 278. Any authorized officer who has reason to suspect that obtain samples. any food drug or substance exposed kept or offered for sale is No. 6024 adulterated unwholesome or in any way injuriously affected shall s. 278. obtain samples of the same and submit them to an analyst for analysis. Power to 279. (1) Any authorized officer— demand select and take samples. (a) (on payment or tender to any person preparing No. 6024 making manufacturing or dealing in any food drug s. 279. or substance or to his agent or servant of the current market value thereof or of the rate prescribed) may at any place of preparation making manufacture sale or delivery or at any place in course of delivery or at any premises whatsoever demand and procure such samples as are required for the purposes of this Act; and (b) may require such person or his agent or servant to show and permit the inspection of any package in which such food drug or substance is at the time kept and to procure therefrom the samples demanded. (2) Where any food drug or substance is kept for retail sale in an unopened package no person shall be required by any authorized officer to sell less than the whole of such package. Rates of payment for (3) If rates have been prescribed for the payment for samples. samples it shall not be necessary for any authorized officer to tender any higher price for such samples. Procuring and (4) The procuring of any sample pursuant to this section and paying for sample under the payment or tender of the current market value thereof or of this section deemed a sale the rate prescribed (as the case may be) shall for all the purposes to officer. of this Act be deemed to be a sale by such first-mentioned person or his agent or servant (as the case may be) to such officer of the food drug or substance contained in the sample. 1958. Health. No. 6270 1009 280. Any person may on payment of the prescribed fee Power to together with the cost of the sample require any authorized sample to be rc tl officer to purchase a sample of any food drug or substance and ,£"0 ^ ' submit the same to an analyst for analysis. s.S'so. Provision for 281. Any person purchasing any food drug or substance with dealing with samples when the intention of submitting the same for analysis shall— purchased. (a) after the purchase has been completed forthwith No. 6024 notify to the seller or his agent or servant selling s. 281. the same his intention to have the same analyzed: Provided that where the purchaser not later than the day following such purchase sends by registered post notice of such intention to the seller or his agent or servant (not being a person referred to as " the said last vendor " in section two hundred and seventy-three of this Act) the purchaser shall be deemed to have notified such seller agent or servant forthwith; (b) divide the same into not less than three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its nature will permit; (c) if required so to do, deliver one of the parts to the seller or his agent; (d) retain the second part for future comparison; and (e) if he desires to have an analysis made, submit the third part to an analyst for analysis. (2) Where the seller his agent or servant is to be notified by registered post pursuant to the proviso to paragraph (a) of the last preceding sub-section, the purchaser shall divide the sample into not less than four parts in the manner required by paragraph (b) of the last preceding sub-section and— (a) shall deliver one of the parts to the person described as the " said last vendor " in section two hundred and seventy-three of this Act; and (b) shall send another of such parts by registered post to the seller or his agent or servant aforesaid. Production of (3) Where any person is convicted of an offence against purchaser's part of sample this Act in respect of the sale of any food drug or substance which not necessary has been submitted to analysis or test and upon the hearing of the on appeal or re-hearing charge for the offence the part of such food drug or substance if produced at original retained by the purchaser pursuant to the provisions of this section hearing. has been produced to the court or justices hearing the charge, it shall not be necessary to produce such part on any re-hearing of such charge or on the hearing of any appeal against such 1010 1958. Health. No. 6270 conviction or any order to review in relation to such charge if it is proved that such part was of a perishable nature and has in fact seriously deteriorated or perished. Provision for 282. (1) If the analyst does not reside within two miles of sending articles to the residence of the person requiring anything to be analyzed the the analyst. same may be forwarded to the analyst in a sealed package. No. 6024 s. 282. (2) The charge for forwarding the same shall be deemed one of the charges of this Act or of the prosecution (as the case may be). Copy of 283. A copy of the certificate of the result of any analysis certificate of analysis. may on payment of the prescribed fee be obtained from the analyst No. 6024 by the person from whom anything so analyzed was purchased or s. 283. obtained. Use of 284. Every person who uses or authorizes or permits the use analyst's certificate for as an advertisement or for trade purposes of any copy of an trade purposes an offence. analyst's certificate obtained under this Act shall be guilty of an No. 6024 offence against this Act. s. 284. Refusal to sell 285. (1) If when any authorized officer applies to purchase &c. for analysis an any food drug or substance from any person having the same for offence. sale or from the servant or agent of such person and tenders the No. 6024 s. 285. price for the quantity which he requires for the purposes of analysis such person or his servant or agent refuses to sell the same he and also his servant or agent shall be guilty of an offence against this Act. Refusal to (2) If when any authorized officer applies to procure any allow sample of food sample of any food drug or substance in course of delivery to drug or substance to the purchaser or consignee and tenders the price for the quantity be taken an offence. which he requires for the purpose of analysis the seller or consignor or any person intrusted by him for the time being with the charge of the food drug or substance refuses to allow such quantity to be taken such seller consignor or person shall be guilty of an offence against this Act. Tampering 286. Every person who improperly removes or tampers with with seal an offence. the seal or fastening of any wrapper cover or receptacle containing No. 6024 anything taken for the purpose of analysis under this Act shall be s. 286. guilty of an offence against this Act. Councils to 287. (1) Every council shall submit for analysis during each submit samples for year not less than three samples of food or drugs for each analysis. No. 6024 thousand persons of the population of the municipality so that <;. 287. one-fourth of such samples shall bs submitted for analysis in every quarter of each year. 1958. Health. No. 6270 1011 (2) Every analyst making any analysis for a council under this Quarterly Act shall report to the council forthwith after the end of each S3yst.° quarter the number of analyses so made by him during that quarter and specify the result of each analysis. (3) Every such report shall be presented at the next meeting of the council. DIVISION 6. FOOD STANDARDS COMMITTEE. 288. (1) The Governor in Council may appoint for the 2p{5gj$mem purposes of this Act a Food Standards Committee (in this Act Standards referred to as " the Committee "). S'sST' s. 288. (2) The Committee may be so appointed from and shall consist of all or any of the persons for the time being holding any of the following offices or positions:— (a) The Chief Health Officer, who shall be chairman of the Committee; (b) A professor or teacher of chemistry in the University of Melbourne; (c) A professor or teacher of physiology in the University of Melbourne; (d) The Director of Agriculture; (e) The medical officer of health of the city of Melbourne; and (/) Four additional expert members to be appointed by the Governor in Council. (3) At all meetings of the Committee the chairman shall preside and shall have a second or casting vote. (4) Any five members of the Committee shall constitute a quorum. (5) The members of the Committee (other than those employed in the public service of Victoria) shall be paid such remuneration as is fixed from time to time by Order of the Governor in Council. (6) Any member of the Committee may be removed by the Governor in Council. (7) The members of the Committee in office immediately before the commencement of this Act shall be deemed to have been appointed under this Act. 1012 1958. Health. No. 6270 DIVISION 7.—REGULATIONS. the^GOT«Eor! ^'* (*) ^ne Governor in Council on the recommendation in council0 of the Committee may make regulations— on the recom- " of the Food (a) prescribing standards for the composition or strength c^Smittle. or purity or quality of any food or drug or substance No. 6024 or for the nature or proportion of any substance which may be mixed with or used in the preparation or preservation thereof or prohibiting the addition of any substance to any food; (b) prohibiting in the manufacture preparation storing preservation packing conducting by tubes pipes pumps and their connexions or otherwise or in the delivering of any food for sale the use of appliances containing any specified substance or any substance exceeding any specified proportion; (c) prohibiting any specified modes of manufacture and of preparation or preservation of food; (d) prohibiting in the manufacture or preparation of any specified food drugs substances or articles intended for sale the use of any specified substances or proportions thereof; (e) prescribing apparatus to be used in and methods of analysis to be observed in analyses under this Act; (/) prescribing the standard of water to be used in the manufacture or preparation of ginger-beer hop-beer soda water lithia water or other mineral water or lemonade or other artificially aerated water or cordials; (g) prescribing the shape of receptacles containing disinfectants germicides antiseptics or preservatives for sale in liquid form; (h) prescribing that specified foods shall be packed in packages and contain any specified number of the contents thereof; (0 specifying drugs with respect to which any special provisions of this Act relating to labelling shall apply; (;) prescribing the forms or kinds of label to be attached to foods drugs articles substances compounds or mixtures or to packages containing the same; and requiring or prohibiting the use in the inscription on the label so attached of such particulars directions statements information or words as are specified; 1958. Health. No. 6270 1013 (k) prescribing the position and the manner in which any such particulars directions statements or words required to be used in the inscription on the label are to be so inscribed; (/) defining foods drugs and substances for the purposes of the regulations; (m) exempting any packages from any provision of this Act relating to labelling; (n) prohibiting the use of specified substances or methods in the catching feeding or drugging of animals shortly prior to death where the carcasses of such animals are intended for sale; (o) requiring the destruction or denaturation of food that has become deteriorated or impoverished; (p) prohibiting the sale of food containing bacteria in excess of any specified number or containing any specified bacterium; (q) requiring packages in which any food is sold to be marked as prescribed with the date on which it was packed; (/•) prescribing the methods of dealing with samples so as to maintain them in a fit state for analysis; (s) prescribing methods of taking packing or forwarding samples for analysis; (0 prescribing particulars to be affixed or prohibiting the affixing of specified particulars to vehicles used in the carriage of any specified foods; (w) prohibiting the publication use or exhibition in any manner whatsoever of any printed or pictorial matter with respect to food drugs articles or substances which is false or misleading or likely to mislead; (v) prescribing substances of which any cooking utensil or appliance to be sold or used in the manufacture preserving packing storage or conducting of any food for sale or of which the lining or coating inside any such utensil or appliance may not consist and the maximum amounts or proportions of substances which may be contained in any such utensil or appliance or the lining or coating inside any such utensil or appliance. (2) The Governor in Council may make regulations for or with respect to— (a) prescribing the fees to be paid to the Commission for any inspection sampling or analysis undertaken by the Commission for or on behalf of any council of person; 1014 1958. Health. No. 6270 (b) prescribing the fees to be paid for analyses under this Act; (c) prescribing rates of payment for samples procured for the purposes of this Act; (d) defining foods drugs or substances for the purposes of the regulations; and (e) generally, carrying out the provisions of this Part and securing the cleanliness freedom from contamination and adulteration of food or drugs or articles or substances, and securing the cleanliness of premises receptacles and vehicles used for the manufacture preparation storage packing carriage or delivery of food or drugs or articles or substances. (3) Regulations under sub-section (1) of this section prescribing standards for foods may also prescribe the maximum percentage of alcohol that may be contained in any specified kind of liquor within the meaning of the Licensing Act 1958, and (notwithstanding anything in any Act) may provide for reducing the maximum percentage of alcohol as at present prescribed by or under this or any other Act in the case of any such kind of liquor; and where under this Act power is conferred to make regulations providing for the reduction of the percentage of alcohol in any such liquor it shall be the duty of the Food Standards Committee after hearing the views of representatives of the parties interested or giving them an opportunity of being heard to make recommendations for regulations for that purpose from time to time as the said Committee thinks it advisable and after hearing the views of such representatives as aforesaid or giving them an opportunity of being heard to vary the percentage of alcohol in any such liquor. Power of (4) Without prejudice to any other method of revoking any cSuSdMo10 regulation under sub-section (1) of this section, any such relations. regulation may be revoked by Order of the Governor in Council. DIVISION 8. OFFENCES, LEGAL PROCEEDINGS, ETC. Suggestive 290. No food drug substance preparation or admixture sold tic. nart-.es for articles under any fancy or suggestive or proprietary or registered name of food. No. 6024 which is a substitute or is intended to be or may be used as a s 290. substitute either wholly or in part for any food drug substance preparation or admixture shall by reason only of being so sold under such name be exempt from the operation of this Part. 1958. Health. No. 6270 1015 291. (1) Every person who sells prepares for sale Grounds of manufactures applies a description to or sells under any description from penalty. anything contrary to the provisions of this Part shall be guilty of an ^f2* offence against this Part unless he proves— (a) that having taken all reasonable precautions against committing an offence he had at the time of the alleged offence no reason to suspect that there was in regard to the same any contravention of the provisions of this Part; and (b) that on demand by any officer he gave all the information in his power with respect to the person from whom he obtained the same; and (c) that otherwise he acted innocently— and has, not less than two days before the hearing of the prosecution, notified the informant in writing that he intends to avail himself of the protection of this section giving details of the reasonable precautions which he claims he has taken. (2) In any case of manufacture or applying of description or of the sale of milk reasonable precautions shall include analysis or other adequate test. (3) Nothing in this section shall prevent the sale of skimmed or separated milk in accordance with the regulations. 292. (1) Every person who is guilty of any offence which is p^^ fot expressly described as an offence against this Part and for which a against'this Part. penalty is not expressly provided shall be liable— No. 6024 (a) for the first offence to a penalty of not more than s.292. Twenty pounds; (b) for the second offence to a penalty of not less than Five nor more than Fifty pounds; and (c) for any subsequent offence to a penalty of not less than Ten nor more than One hundred pounds and to imprisonment for a term of not less than one week nor more than six months. (2) Where a person guilty of an offence is liable to a penalty imprisonment of more than Fifty pounds and the offence in the opinion of the cases. -court was committed by the personal act default or culpable negligence of the person accused that person shall be liable (if the court is of opinion that a penalty will not meet the circumstances of the case) to imprisonment for a term of not more than six months. 293. (1) In the case of any conviction under this Part any Forfeitures food drug substance article or appliance to which the conviction £0.6024 • relates shall (unless otherwise ordered on such conviction) become s-293 ;and be forfeited to Her Majesty. 1016 1958. Health. No. 6270 (2) Such forfeiture shall extend to the whole of such food drug substance article or appliance and to the whole of any similiar food drug substance articles or appliances and to all packages or receptacles containing the same found on the defendant's premises or in his possession at the time of the committal of the offence. (3) All foods drugs substances articles and appliances forfeited under this Part shall be disposed of as the Minister directs. Publication of 294. (1) A notification of the name of any person who has names of offenders. been convicted of an offence against this Part relating to the No. 6024 sale of anything may if the court so directs be published by the s. 294. Commission in the Government Gazette together with the address of his place or places of business and a description of the nature of the offence the decision of the court and the penalty imposed and any forfeiture incurred. (2) In the case of a second or any subsequent conviction of any person for any such offence a copy of such notification shall be published by the Commission in the Government Gazette and may if the court so directs be published in any newspaper circulating in any part of Victoria. (3) During the pendency of any appeal against a conviction for any offence a notification as aforesaid shall not be published by the Commission. Limit of time 295. Where any food drug or substance has been procured or for prosecutions. purchased from any person for the purpose of analysis any No. 6024 prosecution under this Part in respect thereof shall not be instituted s. 295. after the expiration of forty-two days from the time of the purchase. ;. ,| Analysis not 296. Notwithstanding anything in any Act in any prosecution a condition precedent to for selling to the prejudice of the purchaser any food drug or conviction. substance which is not of the nature substance or quality No. 6024 s. 296. demanded by such purchaser if it appears to the court that the offence is sufficiently proved without an analysis proof that an analysis has been made or of the results of an analysis shall not be necessary to conviction for such offence. Power of 297. The court before which any information or appeal is court to order further heard may at the request of either party and if satisfied that there analysis. are any special circumstances which warrant it in so doing cause No. 6024 s. 297. the second part of any food drug or substance taken for analysis to be sent to an analyst (other than the analyst who has made an analysis of the third part); and such first-mentioned analyst shall make an analysis of the same for the information of the court. 1958. Health. No. 6270 1017 298. (1) In any prosecution with respect to any food drug or Agent or substance it shall be no defence that the defendant is only the in addition agent or servant of the owner or person dealing in the food drug £ empioyw. or substance or having the same for sale, but the agent or servant NO. 6024 and also the owner or person aforesaid shall be liable: Provided that a servant shall not be liable if he proves that the offence was committed in a place in which business was at the time of the committing of the offence conducted under the personal superintendence of the owner of the business or some manager or other person representing such owner, and that the offence was committed with the knowledge of the owner or his representative. (2) If the defendant being an agent or servant proves that he Right of agem sold or delivered the food drug or substance in the same state in recover from which he received it from his principal or employer and without employer, knowledge that any provision of this Act had been contravened or had not been complied with he may (whether his principal or employer has or has not been convicted or punished) recover in any court of competent jurisdiction from his principal or employer the amount of any penalty in which he himself has been convicted in respect of such prosecution together with the costs and expenses thereof paid or payable by him in or about his defence to the prosecution. (3) Where an agent or servant has been convicted as aforesaid the court may if it thinks fit suspend the operation of the conviction for any period not exceeding three months to enable him to recover from his principal or employer the penalty costs and expenses as aforesaid. 299. In any prosecution under this Part the burden of proving Burden ofQ the correctness of any statement in or on any package label st™emenw°on wrapper or handbill or in any advertisement in any newspaper ^^f*0, or other public print circulating within Victoria with respect to s.2'99. the origin or composition or the therapeutic or nutritive properties of any food or drug or patent medicine or proprietary medicine shall be on the person charged. 300. (1) (a) Any person who purchases any food drug or Purchaser of substance for resale may demand from the vendor a warranty substance t0 in writing that the food drug or substance so purchased complies SSSUMIT1 with such requirements of this Part as are applicable thereto. S£j?i?Sicef with Act. (6) Any such vendor who refuses to furnish such purchaser s.3'00. with such a warranty shall be guilty of an offence against this Part. 1018' 1958. Health. No. 6270 Effect of warranty. (2) If the defendant in any proceedings under this Part proves to the satisfaction of the court— (a) that he purchased the food drug or substance in question with a written warranty as aforesaid; and (b) that he sold the food drug or substance in the same state as when he purchased it— he shall be discharged from the prosecution. limit of time (3) Where the defendant has been discharged from a for prosecutions prosecution under the last preceding sub-section then where food drug or notwithstanding anything in section two hundred and ninety-five of substance sold with this Act a prosecution may within twenty-eight days after the wairanty. discharge of the defendant be instituted against the person from whom the defendant purchased the food drug or substance in question (and for the purposes of that prosecution such person shall be deemed to have sold such food drug or substance). (4) Where the defendant has been discharged from a prosecution under sub-section (2) of this section, the Court may direct that samples of the food drug or substance concerned be analysed with a view to the results of such analysis being used in evidence by either the prosecution or the defence in any case proposed to be brought against the person who issued the warranty; and where any such order is made a certificate by the analyst of such analysis shall be submitted to the person proposed to be charged and shall subject to this Part be sufficient evidence of the facts stated therein in the proposed prosecution without any requirement to produce or analyse any further sample. Use of 301. (1) A warranty shall not be available as a defence warranty as a defence. to any proceeding under this Part unless the defendant has No. 6024 within seven days after service of the summons sent to the s. 301. informant a copy of such warranty with a written notice stating that he intends to rely on the warranty and specifying the name and address of the person from whom he received it and has also sent a like notice of his intention to such person. (2) The person by whom such a warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence; and the court may if it thinks fit adjourn the hearing to enable him to do so. (3) A warranty given by a person resident out of Victoria shall not be available as a defence to any proceeding under this Part unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the accuracy of the statement contained in such warranty. 1958. Health. No. 6270 1019 302. Every person who— w,il,ul„ . J r misapplication (a) wilfully applies to any food drug or substance in any of warranty. proceedings under this Part a certificate or warranty '^ 302?24 given in relation to any other food drug or substance; (b) gives a false warranty in writing to any purchaser in ™^ant respect of any food drug or substance sold by him as principal or agent; or (c) wilfully gives or supplies with anything sold by him a F^seiabei. notice or iabel which is false— shall be guilty of an offence against this Act. 303. In any action brought by any person for a breach of Right of contract on the sale of any food drug or substance such person conwcfed to may recover in addition to any other damages (if any) recoverable against the by- him the amount of any penalty imposed for an offence for ?"ndo?! which he has been convicted together with the costs and expenses N0.6024 incurred by him upon such conviction and in and about his s'303' defence if he proves— (a) that the food drug or substance the subject of such conviction was sold to him as and for a food drug or substance of the same nature substance and quality as that which was demanded of him; and (b) that he purchased it not knowing it to be otherwise and afterwards sold it in the same state in which he purchased it: Provided that the defendant in such action shall be at liberty to prove that the conviction was wrongful or that the amount of costs awarded or claimed was unreasonable. 304. In any prosecution or proceeding under this Part— General J r r ° provisions as 0 (a) the onus of proof that any food drug or substance was p rosecutions not sold or intended for human consumption shall &<:• be on the defendant or party contending that it was ^"M?24 not so sold or intended; (b) a witness for the prosecution shall not be compelled to disclose the fact that he received any information or the" name of any person from whom he received such information; (c) an officer appearing as a witness shall not be compelled to produce any reports made or received by him confidentially in his official capacity or containing confidential information; (d) where the prosecution or proceeding relates to any food drug or substance the summons shall not be made returnable in less than fourteen days from the day on which it is served; and there shall be served with the summons a copy of any analyst's certificate (if any) obtained on behalf of the prosecutor; 1020 1958. Health. No. 6270 (e) it shall not be a defence to allege that the person instituting the prosecution is not the person who caused any analysis to be made for the purposes of the prosecution; (/) the production of a document purporting to be an analyst's certificate shall be sufficient evidence of the facts therein stated unless the defendant at least seven days before the hearing has given notice in writing to the prosecutor that he requires the analyst to be called as a witness; (g) if the defendant relies on any exception or provision contained in this Part the onus of proving the same shall be on him; (h) if the prosecution is for selling to the prejudice of the purchaser any food drug or substance which is not of the nature substance or quality demanded by the purchaser it shall be no defence— (i) to allege that the purchaser having bought for analysis only was not prejudiced by the sale; or (ii) to prove that the food drug or substance though defective in any one or more of such respects was not defective in all or any others; (/) no proof shall be required of the use by the person purchasing any food drug or substance for analysis of the exact words of the section authorizing the purchase if it appears to the court that the person from whom the same was purchased was substantially informed of the purchaser's intention to have the same analysed. PART XV.—MEAT SUPERVISION. DIVISION 1. GENERAL. Interpretation 305. In this Part unless inconsistent with the context or No. 6024 s. 305. subject-matter— " Animal." " Animal" means bull ox steer cow heifer calf ram ewe wether lamb goat kid or swine. ' Appliances." " Appliances " include utensils machinery instruments and apparatus. ' Brand.' " Brand " means any brand mark or stamp, and includes any tag or label bearing any brand mark or stamp. " Meat inspection " Meat inspection depot " or " depot " means any place depot" or provided in a meat area by a council and approved by " depot." the Commission for the reception of carcasses or meat 1958. Health. No. 6270 1021 from outside a meat area for the purpose of examination and branding by or under the direction of a meat inspector, and includes auctioneers' premises so approved and any place being an " appointed place " under any Act repealed by the Health Act 1919. " Meat inspector " means meat inspector appointed under " Meat insDcctor this Part or any corresponding previous enactment. " Owner" includes any council; and where used in " owner." reference to an abattoir market shop house place or building means council or person erecting establishing providing owning occupying or managing the same. 306. If the provisions of any other Act are inconsistent with TWS Part to • Drcv£iil over this Part the provisions of this Part shall prevail; and the provisions inconsistent of the said Act shall to the extent of the inconsistency be of no force otherslActs.'n or effect.(a) "l-™2* s. 306. 307. Subject to the approval of the Commission any council abattoir's'1 b/ may provide equip maintain and manage abattoirs within or (with councils. the consent of the Governor in Council) outside the municipal ^OT?24 district and may employ slaughtermen to slaughter and dress animals for and on behalf of persons using the abattoirs and carters to deliver carcasses and meat from the abattoirs to the premises of such persons.(o) 308. When a council is the owner of an abattoir situate outside Management oir80 its municipal district— ?0undis ' (a) if that council is dissatisfied with the times fixed by the municipal istr council of the municipal district in which the ^ ^4 abattoir is situate for the driving of animals to or s W from the abattoir through the streets the Commission (after hearing the parties or giving them an opportunity of being heard) shall fix the times; and (b) the times of slaughtering at such abattoir and all selling of animals carcasses or meat thereat shall be under the control and management of the council which is the owner of the abattoir. 309. With respect to abattoirs provided or to be provided (as Abattoirs Droviocd bv the case may be) by a council of any municipality (other than the council. the City of Melbourne and the City of Geelong) the following f^^24 provisions shall have effect:— (1) The council may demand receive and have from every person who uses any such abattoir such sums of money as and for stallages rents and tolls as are appointed by special order of the council in such behalf respectively but not exceeding such amounts (a) See Victorian Inland Meat Authority Act 1958 section 12 (2). 1022 1958. Health. No. 6270 as are from time to time authorized by the Governor in Council by general regulations to be made for the purpose. Letting of (2) The council may demise or let to farm for any term tolls. not exceeding three years all or any of the stallages rents and tolls from time to time payable under this section in respect of any such abattoir. Power to (3) The council may from time to time erect on any erect abattoirs. land provided by the council under the provisions of any Act in force for the time being relating to local government any buildings or set apart and improve any buildings belonging to the municipality for the slaughtering of animals and so soon as the same are ready for public use the council shall give notice to that effect by the publication thereof in some newspaper circulating within the limits of the municipality and by printed handbills posted on some conspicuous place within the said limits.(a) Nothing to (4) Nothing in this section shall protect the council from piutect the council from an information indictment or presentment for an information nuisance or from any other legal proceeding in for nuisance. respect of any such abattoir as aforesaid. Tolls &c. not (5) The council shall not demand or receive any stallage to be demanded rent or toll until the abattoir in respect of the use until abattoir completed. of which the same is demanded has been completed and the use thereof has been approved by the Commission. Stallages Ac. (6) The several stallages rents or tolls payable in respect when to be paid. of the abattoir shall be paid from time to time on demand to the council or the collector or other person authorized by the council to receive the same. Stallages tolls &c. may be (7) The council may from time to time by special order varied from change the stallages rents and tolls to be taken for time to time. the abattoir provided that the stallages rents and tolls in no case exceed the amounts authorized by by-laws of the council approved by the Governor in Council: Provided also that no such change shall be made during the continuance of any lease of such stallages rents or tolls without the consent of the lessee or farmer thereof. Penalty on taking a (8) Every person who demands or receives a greater greater stallage &c stallage rent or toll than that authorized to be taken than under the provisions of this section shall for every authorized. such offence be liable to a penalty of not more than Forty shillings. (a) See Victorian Inland Meat Authority Act 1958 section 13. 1958. Health. No. 6270 1023 (9) If any person liable to the payment of any stallage Recovery of rent or toll authorized by this Part to be taken stallage &c. does not pay the same when demanded the council or its lessee or any person authorized by the council or its lessee to collect the same may levy the same by distress of all or any of the animals in respect of which such stallage rent or toll is payable or of any other animals in the abattoir belonging to the person liable to pay such stallage rent or toll or under his charge or such tolls may be recovered in any court having competent jurisdiction. Disputes (10) If any dispute arises concerning any such stallage respecting stallages &c- rent or toll such dispute shall be determined by a how to be court of petty sessions and such court shall on settled. application made to it determine the same and make such order therein and award such costs to either party as to it seem proper. (11) The council or its lessee shall from time to time List of stallages &c. cause to be painted on boards or to be printed and to be set up and placed in attached to boards in large and legible characters conspicuous a list of the several stallages rents and tolls from places. time to time payable under this section and shall cause a board containing such list to be conspicuously set up and continued in each abattoir provided by the council to which each such list relates, and no stallage rent or toll shall be payabla during the time such list is not so set up or for anything not specified therein: Provided always that if such list is destroyed injured or obliterated the stallages rents and tolls shall continue to be payable during such time as is reasonably required for. the restoration of such list in the same manner as if such list had continued in the state required by this section. (12) In this section the word "abattoir" shall be construed apart from the definition contained in section three of this Act but shall include any slaughter house or place for slaughtering animals. 310. (1) The meat areas described in the Seventh Schedule Meat areas. shall be meat areas and shall be deemed to have been constituted J^w?24 under this Act. seventh Schedule. (2) The Governor in Council on the recommendation of the Commission may by proclamation— (a) constitute the whole or any part of any municipal district or districts a meat area; (b) extend alter or reduce the limits of any meat area; or (c) revoke the constitution of a meat area. 1024 1958. Health. No. 6270 Appointment &c. and 311. (1) Every council in the municipal district of which qualifications there is a private abattoir in a meat area or a meat inspection of meat (a) inspectors. depot and every council being the owner of a public abattoir — No. 6024 s. 311. (a) may and when required by the Commission shall appoint for every such abattoir and depot such meat inspectors as are necessary; and (b) shall pay to such meat inspectors such remuneration and allowances as are agreed upon. (2) No person shall be eligible to be a meat inspector unless he proves to the satisfaction of the Commission that he possesses competent knowledge skill and experience for the performance of the duties of a meat inspector. (3) A meat inspector appointed for one abattoir or depot may with the approval of the Commission be appointed also for one or more other abattoirs or depots. (4) The general provisions of this Act as to the appointment removal remuneration and allowances of inspectors of councils shall extend and apply with respect to meat inspectors. Acting meat (5) If any meat inspector is from any cause unable to execute inspectors. or fails neglects or refuses to execute any powers and duties conferred or imposed on meat inspectors any officer of the Department if authorized by the Commission may execute all or any of such powers and duties. Powers and duties of meat 312. (1) Every meat inspector shall have and may exercise inspectors. such powers and shall perform such duties as are conferred or No. 6024 imposed on meat inspectors by or under this Act or as the council 3.312. requires. (2) Every meat inspector— (a) may at any hour during the day or night enter any abattoir or meat inspection depot for which he is appointed; (b) may inspect the same and all appurtenances thereto or appliances therein; (c) shall examine or direct the examination of all animals intended for slaughter in any such abattoir and of carcasses or meat of all animals after slaughter at any abattoir or depot; and may for any such purpose cut or direct the cutting into any part of any carcass or meat; (rf) shall as required by or under this Act brand or direct the branding of carcasses or meat or otherwise deal with the same; and (a) See Victorian Inland Meat Authority Act 1958 section 14. 1958. Health. No. 6270 1025 (e) for the purpose of carrying out any of his powers and duties shall have all the powers of officers under this Act with regard to examining and seizing animals and things. (3) The Commission shall procure and rent to councils at Brands to be such annual or other rental as is prescribed brands to be used by rented by meat inspectors for the purposes of this Part. commission. (4) No meat inspector shall use for the purposes of this Part any brand other than a brand rented by the Commission to the council of the municipality concerned pursuant to the last preceding sub-section. 313. No person shall slaughter or cause or permit any person Restrictions to slaughter any animal or dress or cause or permit any person to slaughtering dress any carcass except at a public abattoir or a registered ,No 5024 abattoir. • "'• 314. (1) Nothing in this Part shall be deemed to prohibit any Exceptions, person from slaughtering or causing to be slaughtered any ^aiSP2* animals— (a) on any premises in a shire (whether within or outside a meat area) for consumption by persons on such premises and not for sale nor for use in the preparation of any food for sale; (b) on any premises (not being a butcher's premises) in a shire outside a meat area for the purpose of bringing carcasses or meat to a meat inspection depot if he has obtained the consent in writing of the council to such slaughtering and if the animals have been reared on the premises of such person; or (c) in a knacker's yard if the animals are not slaughtered for human consumption. (2) Any such consent in writing given by a council shall continue in force for twelve months but may at the discretion of the council be extended from time to time for a period of not more than twelve months. Re< rd b ok 315. (1) At each abattoir (whether in a meat area or not) & ke ° ' and at each meat inspection depot the owner thereof shall cause to £0. aou* be kept a record book in which shall be entered the prescribed s-315- particulars as to— (a) the animals supplied thereto removed therefrom or examined or slaughtered thereat; and (b) the carcasses or meat dealt with thereat. (2) The meat inspector for such abattoir or depot shall certify to the correctness of the entries in such record book at each time of inspection; and with respect to any animal carcass or meat VOL. III.—33 1026 1958. Health. No. 6270 that is condemned the meat inpector shall himself enter or cause to be entered in such book the reasons for which the animal carcass or meat was condemned. (3) Every such book shall be open at all reasonable times for inspection by an officer without charge. (4) Every such meat inspector shall in the month of January in each year furnish to the Commission in writing a report containing such information and particulars as to matters entered in such book as the Commission requires. By-laws of 316. The times for slaughtering animals and selling animals or councils as to times of carcasses or meat at private abattoirs shall be as prescribed by slaughtering &c. by-laws of the council. No. 6024 s.316. Fees for 317. (1) Every council may demand and receive fees and slaughtering &c. dues prescribed by by-laws of the council but not exceeding those No. 6024 specified by proclamation under this section— s. 317. (a) for the use of any abattoir of which it is the owner for the slaughtering of animals; (b) for examining animals; (c) for examining and branding carcasses and meat pursuant to this Act; (d) for giving certificates as to examinations made by meat inpectors; (e) for the slaughtering and dressing of animals by slaughtermen employed by the council and the delivery of carcasses and meat by carters employed by the council; and (/) for such other abattoir services as are specified by proclamation under this section. (2) The Governor in Council on the recommendation of the Commission may from time to time by proclamation published in the Government Gazette specify services for purposes of the last preceding sub-section and the maximum fees and dues for those services which may be prescribed by by-laws of a council. Unbranded meat not to 318. No person shall sell for human consumption any carcass be sold in meat area. or meat— No. 6024 (a) in a meat area heretofore constituted; or s. 318. (b) in a meat area hereafter constituted—after the expiration of three months from the constitution thereof— unless such carcass or meat has been branded as required by or under this Act and in the case of any carcass or meat imported from any place outside Victoria unless it has also been certified 1958. Health. No. 6270 1027 to as wholesome by an inspector appointed for the purpose by the Government of the State or country from which it has been exported. 319. (1) Every council may provide subject to the approval ^^jj3^, of the Commission one or more places as meat inpection depots, inspection and shall cause any carcass or meat brought thereto to be cause' examined and branded by or under the direction of a meat be branded inspector or otherwise dealt with as prescribed. *°" 6024 (2) The Commission may on the recommendation of the s i19- council approve any auctioneer's premises as a meat inspection depot; and may revoke such approval in any case where the requirements of this Act are not complied with. 320. (1) No person shall (whether in a meat area or not) sell sale of for human consumption the whole or any part of the carcass of a certain calves calf of less weight than forty pounds including the skin but ^Tecnf excluding the entrails head and feet. s. 320. (2) The whole or any part of any such carcass may be seized by an officer. iU n 01 321. Any person who at or from any works for boiling down K °e a, meat blood bones or offal sells for human consumption any part boi!inroid!>wn of the carcass of any animal shall be guilty of an offence against works. this Act. ^f24 322. No person shall— SFSSjSZ, (a) bring into a meat area any carcass or meat not carb BHawjo* 326. A council may and when required by the Commission No"fi024 shaH make by-laws for or with respect to— s'326' (a) prescribing the conditions on which animals may be received into or supplied or removed from abattoirs; (b) requiring persons engaged in tending and slaughtering animals and in dressing carcasses at abattoirs to be licensed and prescribing the conditions of licence; (c) fixing the rates of fees or dues payable to it under this Part but not exceeding those specified by proclamation under this Part; (d) prescribing the times for selling and for slaughtering animals and for selling carcasses or meat at public or private abattoirs; (e) the feeding watering and tending and the preventing of cruelty to and overcrowding of animals in abattoirs and the milking of milch animals at abattoirs; and (/) stopping temporarily the manufacture of and the sale of small goods in circumstances in which danger to the consumer is apprehended owing to uncleanliness or to the presence of infection on or about the premises where such manufacture or sale is carried on. 1958. Health. No. 6270 1029 327. (1) The Governor in Council may make regulations for Regulation. or with respect to— ?3'27°24 (a) prescribing the mode of slaughtering animals of flaying and of dressing carcasses; and preserving the cleanliness of appliances used therefor; (b) prescribing the mode of removing condemned carcasses or meat and of rendering the same unusable for human consumption and of disposing of or destroying the same; and prescribing the mode of removing and disposing of blood offal garbage refuse and manure from abattoirs; (c) securing the cleanliness and wholesomeness of carcasses or meat from the time of slaughtering the animal until the delivery of the same to the consumer; and securing the cleanliness and wholesomeness of casings used in the making up of small goods; and preventing the admixture in small goods of substances deleterious to health; (d) prescribing the particulars to be entered in the record books to be kept at abattoirs and meat inspection depots; (e) maintaining the cleanliness of abattoirs and of appliances used thereat and of the clothing of persons engaged in slaughtering or in dressing carcasses therein; (/) preventing persons affected with infectious disease being employed in the handling of carcasses or meat; (g) maintaining the cleanliness of meat markets butchers' shops factories for small goods or places used for selling preserving freezing chilling or storing meat and premises appurtenant to any of such markets shops factories and places and of appliances used thereat and the removing of garbage refuse and manure therefrom; (h) prescribing requirements to be observed as to the site construction and equipment of meat inspection depots and securing the sanitary construction thereof and the cleanliness thereof and of appliances therein and of the clothing of persons employed therein; (i) maintaining the cleanliness of vehicles and receptacles used for conveyance of carcasses or meat; and prescribing any requirements to be observed with respect to the design construction and equipment of such vehicles or receptacles; and providing for 3030 1958. Health. No. 6270 the licensing of such vehicles without charge after inspection and approval by an officer appointed by the council for that purpose (whether generally or in any particular case); and providing for the cancellation of licences; (/) prescribing in case of any abattoirs or slaughter-houses or any premises used for selling preserving freezing chilling or storing carcasses or meat or for manufacturing small goods the distances which such premises shall be from any specified sanitary conveniences or from any pigsty stable manure receptacle or like construction; (k) securing the adequacy and wholesomeness of water supplied to abattoirs meat markets butchers' shops factories for small goods and places used for selling preserving freezing chilling or storing meat and premises appurtenant to any of such abattoirs markets shops factories and places; (/) prescribing the duties of meat inspectors; (m) the examining of animals by meat inspectors before slaughter and prescribing the mode of dealing with animals at abattoirs when suspected of being affected with communicable disease but not so as to be inconsistent with the provisions of the Stock Diseases Act 1958; (n) the examining by meat inspectors of the different parts of a carcass after slaughter at abattoirs; and preventing the parts of one carcass (including the viscera) being mixed with those of another prior to examination; (o) prescribing conditions (whether pathological or not) under which carcasses or meat shall be condemned as unfit for human consumption; (p) prescribing in the case of carcasses or meat submitted at a meat inspection depot for branding the parts of the animal from which it is derived that shall be produced prior to such branding; (q) prescribing the modes in which carcasses or meat shall be branded and the amounts to be paid by councils for the rental from the Commission of brands to be used for the purposes of this Part; (r) providing for the production of certificates of the wholesomeness of meat or carcasses imported into Victoria; (s) generally, carrying into effect the purposes of this Part. 1958. Health. No. 6270 1031 (2) (a) Regulations may be made under this section Power to make prescribing the conditions and restrictions under which carcasses togcond?t!ons or meat intended for export beyond Australia may for the purpose ^e"m&ycbe of such export be removed from any abattoir or place or be wlLhoutd brought into any meat area without being branded as required by brandi"s- or under this Part. (b) If any such carcass or meat is not actually exported as aforesaid it shall not be sold in a meat area unless it is branded by or under the direction of an inspector whether at a meat inspection depot or elsewhere. DIVISION 2.—HORSEFLESH. 328. In this Division unless inconsistent with the context Or Interpretation, subject-matter— f^nf24 " Horse " includes ass or mule. " novx." " Horseflesh " includes any part of the carcass of a horse. " Horseflesh.- 329. (1) Any person who slaughters or causes permits or Prohibition of slaughter of suffers any other person to slaughter any horse at any abattoir horses at abattoirs Ac. or slaughter-house at which any animals within the meaning of where meat for human section three hundred and five of this Act are slaughtered for consumption human consumption shall be guilty of an offence against this is killed. No. 6024 Division. s. 329. (2) Any person who at any place slaughters or causes permits f^S'JjP^0* or suffers any other person to slaughter any horse for human houses for consumption shall be guilty of an offence against this Division, consumption. Prohibition of 330. Any person who— sale, (a) sells any horseflesh or any food substance or article |cepofatlon containing any horseflesh; or hSmanesh fo (b) prepares any horseflesh or prepares or manufactures ^"^l*100' any food substance or article containing any s.3'30. horseflesh— for human consumption shall be guilty of an offence against this Division. 331. (1) Any person who sells any horseflesh or any food Prohibition of sale of substance or article containing any horseflesh— horseflesh at butchers' shops and, (a) at or from any shop stall vehicle or place at or from except in which any fresh uncooked meat (including sealed containers at sausages) is sold for human consumption; or food shops &c. (b) at or from any shop stall vehicle or place at or from No. 6024 which any food substance or article is sold for s. 331. human consumption, unless such horseflesh or food 1032 1958. Health. No. 6270 substance or article containing horseflesh is contained in a sealed metal container bearing a label indicating that the contents of such container consist wholly or partly of horseflesh and are not for human consumption— shall be guilty of an offence against this Division. Prohibition of (2) The owner or occupier of— having horseflesh at butchers* (a) any shop stall or other place at or from which any shops or factories fresh uncooked meat (including sausages) is sold where human food prepared for human consumption; or &c. (b) any factory or other place at which any food substance or article is prepared or manufactured for human consumption— who has at such shop stall factory or place or causes permits or suffers to be or to remain at such shop stall factory or place any horseflesh or any food substance or article containing horseflesh shall be guilty of an offence against this Division. Prohibition of (3) The owner or occupier of any shop stall or place at or havinu horseflesh at from which any food substance or article is sold for human food shops except in consumption who has at such shop stall or place or causes permits sealed containers or suffers to be or to remain at such shop stall or place any horseflesh &c. or food substance or article containing horseflesh which is not contained in a sealed metal container labelled as aforesaid shall be guilty of an offence against this Division. Prohibition of (4) The owner or person in charge of any vehicle from or upon having horseflesh on which any fresh uncooked meat (including sausages) is sold or butchers' vehicles &c. carried for human consumption who has in or upon such vehicle or causes permits or suffers to be or to remain in or upon such vehicle any horseflesh or any food substance or article containing horseflesh shall be guilty of an offence against this Division. Prohibition of (5) The owner or person in charge of any vehicle from or having horseflesh on upon which any food substance or article is sold or carried for certain vehicles human consumption who has in or upon such vehicle or causes except in sealed permits or suffers to be or to remain in or upon such vehicle any containers. horseflesh or any food substance or article containing horseflesh which is not contained in a sealed metal container labelled as aforesaid shall be guilty of an offence against this Division. Penalties. 332. Any person convicted of any offence against this Division No. 6024 s. 332. shall for a first offence be liable to a penalty of not less than Ten pounds and not more than Fifty pounds; and for a second or any subsequent offence to a penalty of not less than Twenty pounds and not more than One hundred pounds. 1958. Health. No. 6270 1033 PART XVI.—PREVENTION OF YARRA POLLUTION. p a1 333. Every person who after the first day of June One ^s ^ ™wl thousand eight hundred and fifty-five has heretofore established or estabnshFnjTy newly carried on, or hereafter establishes or newly carries on, the existing trade business or occupation of a tanner fellmonger skinner Eadra S""& parchment-maker wool-washer or any other trade business or ^"SOM"™' occupation whereby any refuse filth dirt grease decomposed s.3'33. substance whether vegetable or animal or any other poisonous or unwholesome matter flows into or is thrown cast or otherwise goes or is liable to fall into the waters of the river Yarra Yarra or upon the banks thereof above the city of Melbourne or has heretofore enlarged or extended or hereafter enlarges or extends any such trade business or occupation existing established or carried on before the said first day of June One thousand eight hundred and fifty-five, shall for the first offence be liable to a penalty of not less than Ten nor more than Fifty pounds, and for every subsequent offence to a penalty of not less than Twenty nor more than One hundred pounds; and in the case of such first and every subsequent offence shall also be liable to a penalty of not less than Two nor more than Five pounds for every day during which any such trade business or occupation is carried on contrary to the provisions of this section. 334. One-half of all penalties or fines inflicted under this Part Penalties, shall go to the informant and the other half to the Consolidated ^^f24 Revenue. PART XVII.—QUARANTINE. 335. If the Governor in Council by proclamation notifies that Vessels goods and any place beyond the seas is infected with the cholera or other passengers arriving from infectious or contagious disease and that it is probable such disease places notified by the may be brought from such place to Victoria, immediately after Governor fn Council as such notification all vessels whatever arriving from or having infected and persons touched at any such place and all vessels receiving any person or having thing whatsoever from or out of any vessel so coming from or communi cation with having touched at any such infected place as aforesaid (whether them to be liable to such person or thing has come or been brought in such vessel or perform such person has gone or has been put on board the same either quarantine. No. 6024 before or after the arrival of such vessel at any place in Victoria s. 335. and whether such vessel was or was not bound to any place in Victoria) and all persons and things whatsoever on board of any vessel so coming from or having touched at such infected place as aforesaid or on board of any such receiving vessels as aforesaid, shall be liable to quarantine within the meaning of this Part and of any order made by the Governor in Council and notified by proclamation concerning quarantine and the prevention of infection 1034 1958. Health. No. 6270 from the time of the departure of such vessels from such infected place as aforesaid or from the time such persons or things have been received on board respectively. No person or 336. All such vessels as aforesaid, and all persons (as well thing to be put on shore pilots as others), and all things whether coming or brought in such until after due performance vessels from such infected place as aforesaid or going or being put of quarantine. on board the same either before or after the arrival of such No. 6024 s. 336. vessels in any place in Victoria, and all persons and things as aforesaid on board such receiving vessel as aforesaid, shall upon their arrival at any place in Victoria be obliged to perform quarantine in such places for such time and in such manner as is from time to time directed by the Governor in Council and notified by proclamation as aforesaid. Until such vessels persons and things as aforesaid have respectively performed and are duly discharged from quarantine no such persons or things shall either before or after the arrival of such vessels at any place in Victoria come or be brought on shore or go or be put on board any other vessel in order to come or be brought on shore in any such place (unless in such manner and in such cases and by such licence as is directed or permitted by any such order as aforesaid). Vessels 337. All such vessels whether coming from such infected coming from infected place as aforesaid or being otherwise liable to quarantine as places to be subject to aforesaid and all persons (as well pilots as others) and things as the orders of Governor in aforesaid whether coming or brought in such vessels or going or Council. being put on board the same either before or after the arrival of No. 6024 such vessels at any place in Victoria and all masters or other s. 337. persons having the charge or command of any such vessels whether coming from any infected place or being otherwise liable to quarantine as aforesaid shall be subject to all the provisions rules regulations and restrictions contained in this Part or in any order which is made by the Governor in Council as aforesaid concerning quarantine and prevention of infection. Control of 338. Every vessel lying in Victorian waters shall for the vessels in Victorian purposes of the provisions of any Act relating to the public health waters. be subject to the jurisdiction of the Minister and of the No. 6024 s. 338. Commission and of the council of the municipality whose district includes or is nearest to the place where such vessel is lying. The Master of master or officer or person in charge (except the pilot) of such vessel an " occupier." vessel shall be deemed to be the occupier of such vessel within the meaning of any Act relating to the public health. This section shall not (except so far as the laws relating to quarantine are concerned) apply to any vessel under the command or charge of any officer bearing Her Majesty's commission or to any vessel belonging to any foreign government. 1958. Health. No. 6270 1036 339. The Governor in Council may in any order made under Punishment the provisions of this Part attach a penalty not exceeding the relation!0' sum of Fifty pounds or a liability to imprisonment for any term N0.6024 not exceeding three months to the disobedience of such order or s'33 * breach of any of the regulations therein contained; and the person disobeying any such order or breaking any such regulations shall be punishable therefor as if such penalty or term of imprisonment provided as aforesaid had been provided by this Part as the punishment for the offence committed by such person; and when no penalty or term of imprisonment is provided by such order as aforesaid for disobedience thereof or for breach of any regulation therein contained the person so offending shall be liable to a penalty of not more than Twenty pounds for every such offence. 340. The Governor in Council may make such order as is Powers of the deemed expedient upon any unforeseen emergency, or in particular Council to re V e cases with respect to any vessel arriving and having any such fnf e ct?on in infectious or contagious disease on board or on board of which emergency. any such infectious or contagious disease has appeared in the NO. 6024 course of the voyage or arriving under any other alarming or s"340' suspicious circumstances as to infection or contagion, although such vessels have not arrived from any place from which the Governor in Council has declared it probable that any such infectious disease may be brought; and also with respect to the persons and things as aforesaid on board the same. In case of any such infectious disease appearing or breaking out in Victoria the Governor in Council may make such orders and give such directions in order to cut off all such communication between any persons infected with any such disease and the rest of Her Majesty's subjects as appear to the Governor in Council necessary and expedient for that purpose; and may likewise make such orders as the Governor in Council deems fit for shortening the time of quarantine to be performed by particular vessels or particular persons or things, or for absolutely or conditionally releasing them or any of them from quarantine; and all such orders so made as aforesaid shall be as good valid and effectual to all intents and purposes, as well with respect to the master or other person having charge of any vessel and all other persons on board the same as with respect to any other persons having any intercourse or communication with them and to the penalties and punishments to which they may respectively become liable as any order concerning quarantine made by the Governor in Council and notified by proclamation as aforesaid: Provided however in order that all unnecessary hardship or inconvenience may be prevented the Governor in Council may allow any such persons suffering from infectious or contagious diseases to be visited by their friends relations or private medical adviser at any 1036 1958. Health. No. 6270 time upon the recommendation or request of the Chief Health Officer or the health officer of the quarantine station or of a majority of the Commission for the time being. Governor In 341. The Governor in Council may from time to time by any Council to appoint order notified by proclamation appoint certain stations or places lazarets and places for within or near any harbor or place within Victoria for the performina quarantine. performance of quarantine under this Act, where all vessels liable No. 6024 to quarantine and the crews passengers and persons on board s. 341. thereof shall perform the same; and also (if necessary) appoint stations lazarets and other places where the crews passengers and other persons and the things which are or may be on board the said vessels shall be detained and kept for the performance of quarantine. All persons liable to perform quarantine and all persons having had any intercourse with them (whether in vessels or in a lazaret or elsewhere) shall be subject during the time they are liable to quarantine to such orders as they shall receive from the superintendent of such station lazaret or place or his assistant; and the said officers are required to enforce all necessary obedience to the said orders, and in case of necessity to call in others to their assistance; and such officers shall compel all persons liable to quarantine and persons having had any intercourse with them to repair to such station lazaret or place. If any person liable to perform quarantine or any person having had any intercourse with him wilfully refuses or neglects to repair, when required by such officers or either of them, to the said station lazaret or place appointed, or having been placed in the said station lazaret or place escapes or attempts to escape out of the same before quarantine duly performed, the said officers or either of them and also the watchman and other persons appointed may, by such necessary force as the case requires, compel every person so refusing or neglecting escaping or attempting to escape to repair or return to such station lazaret or place. And every person so refusing or neglecting and also every person actually escaping shall be liable to a penalty of not more than Two hundred pounds. Eruptive 342. The master or any other person except the pilot being diseases to be reported by in charge of any vessel lying in Victorian waters shall report to master of vessel. the health officer of the port or the officer of health of the council No. 6024 of the municipality whose district includes or is nearest to the s. 342. place where such vessel is lying or to the police any illness of a suspicious kind or any infectious or contagious disease or any complaint attended with eruption or eruptive symptoms which may occur in the said vessel immediately on the existence of such 1958. Health. No. 6270 1037 illness disease or complaint coming to his knowledge, whether such vessel has been previously inspected by an officer of health or not. Masters of 343. The master or other person except the pilot being in vessels charge of any vessel coming from parts beyond seas shall give to arriving to • make report the person for the time being authorized to act as the health to and answer officer or on behalf of the health officer of the port at which such questions of vessel arrives (hereinafter designated as the health officer) either health officer. No. 6024 alongside or on board such vessel as such health officer desires, s. 343. a written paper containing a true account of the name or names of the place or places at which such vessel has loaded or has touched on the voyage to Victoria and of the health of the crew and passengers of such vessel during the voyage and the cause of death of any person who has died on such voyage, and also true answers to the questions contained in the form provided by the Eighth Eiehth Schedule hereto or in such other form as is prescribed from time Schedule. to time by the Governor in Council in that behalf and published in the Government Gazette, and shall also truly answer orally any questions which are put to him touching all or any of the matters aforesaid by such health officer. And if such master or other person in charge of such vessel as aforesaid refuses or omits to give such true account or answers or answers falsely any of such questions either in writing or orally as aforesaid, he shall be liable to a penalty of not more than One hundred pounds for any such refusal omission or false statement. 344. Whenever any vessel coming from parts beyond seas or Questions to from any infected port wheresoever situated arrives in Victoria, case^f"1 ta , in8 the health officer, in addition to the questions which may be asked sniP ™ under the provisions of the last preceding section, may also ask N0.6024 the master or other person (except the pilot) being in charge of &-344, such vessel and any passenger or other person on board such vessel the questions prescribed in the Ninth Schedule hereto, and §2g*550le in case such master or person in charge has a passenger list or bill of health may require the production of the same. If any such master or person in charge answers falsely or refuses to answer any of such questions, or if any such master or person in charge refuses to produce such passenger list or bill of health, he shall be liable to a penalty of not less than Twenty nor more than One hundred pounds, and if any passenger or other person answers falsely or refuses to answer any of such questions he shall be liable to a penalty of not less than Five nor more than Twenty pounds. In any emergency or sudden necessity with respect to any vessel arriving and having any infectious or contagious disease on board, or on board of which any such infectious or contagious disease has appeared in the course of the voyage, or arriving under any other circumstances of danger to the public health, the 1038 1958. Health. No. 6270 Commission may take all necessary steps to prevent infection or contagion until the issue or refusal of an Order in Council under the provisions of section three hundred and forty of this Act. Inspection of 345. Such master or other person in charge of such vessel as vessel crew and aforesaid shall permit the health officer to inspect any part of the passengers may be made. vessel and all or any of the passengers or crew of such vessel. No. 6024 Every master or other person in or in charge of such vessel s. 345. refusing to permit such inspection or obstructing the health officer therein shall for every such offence be liable to a penalty of not more than Fifty pounds. When vessel 346. If it appears to the health officer that such vessel is not not liable to quarantine liable to perform quarantine, he shall give to the master or other clean b'U of health to be person in charge of such vessel as aforesaid a clean bill of health in given. the form in the Tenth Schedule hereto or in such other form as is No. 6024 s. 346. from time to time prescribed in that behalf by the Governor in Tenth Schedule. Council and published in the Government Gazette. When 347. If it appears by the written paper answers to questions quarantine to be performed. or by inspection as aforesaid that such vessel has arrived from No. 6024 any place notified by the Governor in Council as being infected as s. 347. aforesaid, or if the health officer apprehends any danger to the public health from the immediate admission of such vessel to entry by reason of there then being or of there having been during the voyage any infectious or contagious disease on such vessel, or of such vessel having touched at any place where any such disease has prevailed or having communicated with any other vessel on board which any such disease has existed, such vessel shall be liable to perform quarantine; and such health officer shall immediately notify the same to the master or other person in charge as aforesaid under a penalty of One hundred pounds for any neglect therein; and the master or other person in charge as aforesaid shall immediately after such notice hoist a signal to denote that such vessel is liable to the performance of quarantine (which signal shall be in the daytime a yellow flag of six breadths of bunting at the main topmast head, and in the night-time a large signal lantern such as is commonly used on board Her Majesty's ships of war at the same mast head) and shall keep such signal hoisted until the time when such vessel is legally discharged from the performance of quarantine; and on any and every neglect therein shall be liable to a penalty of not more than One hundred pounds. Penalty on pilot 348. Every pilot who knowingly brings or causes to be conducting vessel liable brought or conducted any vessel liable to the performance of to quarantine to any place quarantine into any place not specially appointed for the reception but that provided for of vessels so liable, unless compelled thereto by stress of weather quarantine. adverse winds or accidents of the sea, shall for every such offence No. 6024 s. 348. be liable to a penalty of not more than Two hundred pounds. 1958. Health. No. 6270 1039 349. If any vessel arrives from parts beyond the sea in any justices may port or harbor of Victoria, and if during the voyage there has been Smo" vessel or at the time of arrival there is on board such vessel any ^r^e' infectious or contagious disease, or if such vessel has sailed from s.349. or touched at any place during the voyage where any such disease has prevailed or has communicated with any other vessel on board which any such disease may have existed, and if any medical practitioner or the surgeon or medical officer of such vessel certifies in writing that there is reasonable apprehension of danger to the public health from the immediate admission of such vessel to entry, any two justices may by writing under their hands order such vessel into quarantine; and every such vessel so placed in quarantine with the contents thereof, and every person on board (whether such person belongs to or has come as a passenger by such vessel or has gone on board her after arrival at Victoria) shall be subject to the same laws rules and penalties in all respects as are in force with respect to vessels persons and things placed in quarantine under the provisions of this Part, until released thereunder or by an order under the hands of the justices making such first-mentioned order. 350. Any justices making such order as aforesaid imposing vessels having quarantine, and any health officer ordering any vessel into ^'quarantine quarantine as aforesaid, shall forthwith report the fact that such S oorvemo5d order has been made to the Governor in Council in order that m Comcil- further measures may if necessary be taken according to law for £ 350?24 the continuance of such vessel in quarantine or the release thereof. 351. Every master or other person being in charge of any Masters to vessel which is liable to perform quarantine as aforesaid shall, ^f- t0 forthwith after his arrival at the place appointed for the famine0' r l m of performance of quarantine, deliver on demand to the ng*, th ' superintendent of quarantine or his assistant or other officer manifest &c authorized to act in that behalf (which demand SUCh N«. 6024 superintendent assistant or other officer as aforesaid is hereby required to make) his bill of health and manifest together with his log book and journal, and any such master or other person who wilfully neglects or refuses so to do shall be liable to a penalty of not more than One hundred pounds. 352. Every master or other person being in charge of any Penalty on masters vessel liable to perform quarantine who himself quits or knowingly quitting or suffering permits or suffers any person to quit such vessel by going on shore persons to uit vessels or by going on board any other vessel before such quarantine is Sable to quarantine or fully performed (unless by licence granted by virtue of any orders nut conveying such vessels made by the Governor in Council as aforesaid), or who does not to appointed within a convenient time after due notice given for that purpose places. No. 6024 cause such vessel and the lading thereof to be conveyed into the s. 352. 1040 1958. Health. No. 6270 place appointed for such vessel and lading to perform quarantine, shall for every such offence be liable to a penalty of not more than Four hundred pounds. Penalty on 353. If any person coming in any such vessel liable to persons , J r ., . ,.• • i . ^, quitting such quarantine (or any pilot or other person going on board the same No.S«a4 either before or after the arrival of such vessel at any place within s.353. Victoria) either before or after such arrival quits such vessel (unless by such licence as aforesaid) by going on shore or by going on board any other vessel with intent to go on shore as aforesaid before such vessel so liable to quarantine as aforesaid is regularly discharged from the performance thereof any person whosoever may by any kind of necessary force compel such pilot or other person so quitting such vessel to return on board the same; and every such pilot or other person so quitting such vessel shall for every such offence be liable to imprisonment for a term of not more than six months, and to a penalty of not more than Three hundred pounds. Persons liable (o) to perform 354. Any person may seize and apprehend any person quarantine may be who contrary to the provisions of this Act has quitted or come seized. on shore from any vessel liable to perform quarantine, or who No. 6024 has escaped from or quitted any vessel under quarantine or s. 354. from any lazaret vessel or place appointed in that behalf for the purpose of carrying such person before any justice; and any such justice may grant his warrant for the apprehending and conveying of any such person to the vessel from which he has come on shore or to any vessel performing quarantine or lazaret from which he has escaped or for confining any such person in any such place of safe custody (not being a public gaol) and under such restrictions as to having communication with any other persons as to such justice appears proper, until such person can safely and securely be conveyed to some place appointed for the performance of quarantine or until directions can be obtained from the Governor in Council as to the disposal of any such person; and may make any further order that may be necessary in that behalf. Intercourse with lazarets 355. The Governor in Council by order notified by and stations allotted for proclamation may prohibit all persons and vessels whatsoever from quarantine may be going under any pretence whatsoever within the limits of any prohibited by station which by any order of the Governor in Council as aforesaid order of the Governor in has been or is assigned for the performance of quarantine; and Council. if any person after such notification of any such order goes within No. 6024 s. 355. the limits of any such station he shall for every such offence be liable to a penalty of not more than Two hundred pounds.(o) (a) See section 419 as to arrest without warrant. 1958. Health. No. 6270 1041 356. Every person whose duty is to execute any order made Penalty on persons or to be made concerning quarantine and notified as aforesaid neglecting or to see the same put into execution and who knowingly and their duty; No. 6024 wilfully is guilty of any breach or neglect of his duty in respect s. 356. of the vessels persons or things performing quarantine, shall be or deserting liable to a penalty of not more than Two hundred pounds; or permitting and every such person who deserts from his duty when employed persons vessels Ac. as aforesaid, or knowingly and willingly permits any person to depart without vessel or thing to depart or be conveyed out of the said lazaret authority or giving false vessel or other place as aforesaid unless by permission under the certificates: order of the Governor in Council, or if any person hereby authorized and directed to give a certificate of a vessel having duly performed quarantine or airing knowingly gives a false certificate thereof, shall be guilty of felony, and liable to imprisonment with or without hard labour for a term of not more than ten years; and every such person who knowingly or or damaging wilfully damages any goods performing quarantine under his goods &c. direction, shall be liable to pay One hundred pounds damages and costs of suit to the owner of the same. 357. After quarantine has been duly performed by any After proof of performance vessel or person obliged to perform quarantine as aforesaid of quarantine and proper according to this Part and to any order made as aforesaid, the certificate to that effect superintendent of quarantine or person acting for him shall give vessels or persons shall a certificate thereof under his hand; and upon the same being be liable to no further approved and allowed by the Governor in Council, every such detention. vessel and every such person so having performed quarantine No. 6024 shall be liable to no further restraint or detention upon the s. 357. same account for which such vessel or person has performed quarantine as aforesaid. 358. All things liable to quarantine as aforesaid shall be Goods Ac. liable to opened and aired in such place and for such time and in such quarantine shall be manner as is directed by the Governor in Council by any such opened and aired in order to be made as aforesaid; and after such order has been certain places to be duly complied with the person in charge of the lazaret or vessel appointed by the Governor or other place in which the things have been opened and aired in Council. shall grant a certificate to such effect under his hand; and No. 6024 upon the same being approved and allowed by the Governor in s. 358. Council, such things shall be liable to no further restraint or detention either at the place where such quarantine has been performed or at any other place within Victoria whereto they are afterwards conveyed. 359. Every person who knowingly or wilfully forges or Persons counterfeits interlines erases or alters or procures to be forged or mKgTaise counterfeited interlined erased or altered any certificate directed S^oT* ! 0, or required to be granted by an order of the Governor in Council N o ^24 to be made touching quarantine, or who publishes any such s.3'59. 1042 1958. Health. No. 6270 forged or counterfeited interlined erased or altered certificate knowing the same to be forged or counterfeited interlined erased or altered, or who knowingly and wilfully utters and publishes any such certificate with intent to obtain the effect of a true certificate to be given thereto knowing the contents of such certificate to be false, shall be guilty of felony, and being convicted thereof shall be liable to imprisonment with or without hard labour for a term of not more than ten years. Penalty on 360. Every person who lands or unships or moves in order persons landing or to the landing or unshipping thereof anything from on board receiving oods &c. any vessel liable to perform quarantine as aforesaid, or who ?rom vessel liable to knowingly receives the same after it has been so landed or perform quarantine unshipped, shall be liable to a penalty of not more than Five or secreting hundred pounds; and every person who clandestinely conveys them from vessel actually or secretes or conceals for the purpose of conveying anything performing quarantine. from any vessel actually performing quarantine or from the No. 6024 lazaret or other place where such thing is performing quarantine, s. 360. shall be liable to a penalty of not more than One hundred pounds. Informant to 361. Where any penalty is incurred under any of the receive two-thirds of provisions of this Part two-thirds of this penalty shall belong to penalties. No. 6024 the informant and the other one-third shall go to and form s. 361. part of the Consolidated Revenue. Limitation of actions. 362. No action suit or other proceeding shall be brought No. 6024 against any person for any matter or thing done or purporting s. 362. to be done in pursuance of this Part but within six months after such matter or thing has been done. Statements of 363. In any prosecution suit or other proceeding against any master to be evidence. person for any offence against this Part or any order of the No. 6024 Governor in Council made hereunder, the statements or answers s.363. made by the master or other person (except the pilot) being in charge of any vessel arriving in Victoria to the health officer shall be received as evidence, so far as the same relate to the place from which such vessel arrives or comes or to the places at which such vessel touched in the course of the voyage and that such vessel was liable to quarantine, unless satisfactory proof is produced by the defendant in any such prosecution suit or other proceeding to show that the vessel did not arrive from or touch at any such place as is mentioned in the said statement or answer or that such vessel although directed to perform quarantine was not liable to the performance thereof; and where any vessel has been in fact put under quarantine at any place by the superintendent of quarantine or his assistants or by any person duly authorized to act in that behalf and was or is actually performing quarantine, such vessel shall in any prosecution suit 1958. Health. No. 6270 1043 or other proceeding against any person for an offence against this Part or any order of the Governor in Council made hereunder be deemed and taken to have been or to be liable to quarantine without proving in what manner such liability arose. PART XVIII.—NARCOTIC PLANTS, ETC. Inter- 364. In this Part unless inconsistent with the subject-matter or pretation. COnteXt- No. 6024 s. 364. " Cultivate " includes sow or plant or be in possession of " Cultivate." any seed for the purpose of sowing, and " cultivation " has a corresponding interpretation. " Prohibited plant" means papaver somniferum or any " Prohibited other plant from which any narcotic or dangerous plant." drug within the meaning of the Poisons Act 1958 may be obtained derived or manufactured and which has been declared by a proclamation of the Governor in Council published in the Government Gazette to be a plant to which this Part applies. 365. (1) No person without a permit granted in accordance Cultivation of certain with the provisions of this Part shall cultivate any prohibited plant. plants prohibited. No. 6024 s. 365. (2) The Governor in Council on the recommendation of the Permits to cultivate Commission of Public Health may grant a permit to any person prohibited subject to such conditions as are prescribed to cultivate a prohibited plants. plant. (3) Any person who contravenes or fails to comply with any offences, provision of this Part or any regulation made thereunder shall be guilty of an offence against this Act and shall be liable for a first offence to a penalty of not more than One hundred pounds and for a second or any subsequent offence to a penalty of not more than Two hundred pounds or to imprisonment for a term of not more than six months. (4) Any authorized officer with such assistants as he thinks Power to necessary may seize and destroy any prohibited plant or the seed officers to of any prohibited plant which is not being cultivated in accordance defray d with the conditions of a permit granted under this Part. piantsbited 366. The Governor in Council may make regulations for Or Regulations, 24 with respect to controlling the cultivation of any prohibited plant *°36f and in particular but without prejudice to the foregoing power for or with respect to— (a) the manner and form of any application under this Part; (b) the conditions under which permits may be granted; 1044 1958. Health. No. 6270 (c) the records and returns to be furnished by any person holding a permit under this Part; (d) generally prescribing anything by this Part required or permitted to be prescribed or necessary or expedient to be prescribed for giving effect to this Part. PART XIX.—REGISTRATIONS. Registrations 367. Where by or under thii. Act any premises are required to be by Commission to be registered the registration and renewal thereof shall be or councils as prescribed. made with the Commission or the council as prescribed by or No. 6024 under this Act. s. 367. To be renewed 368. (1) Every registration shall continue in force until the annually. No. 6024 thirty-first day of December next following the date thereof and s. 368. no longer and shall be renewed annually. Fees for (2) The fees for registration and renewal and transfer of registration and renewal registration shall be as prescribed by regulations or (where the &c registration is made with the council) by by-laws of the council and may in the case of each of the classes of premises specified Eleventh in the Eleventh Schedule vary in amount in accordance with Schedule. the extent and character of the premises, but shall not exceed the amounts specified in the said Schedule. Additional (3) Where application for the renewal of registration is not fees where late lodged with the Commission or a council until after the last day application. fixed for the lodging thereof, an additional fee as prescribed by the regulations or by-laws for the renewal of registration (not exceeding one-half of the relevant prescribed fee otherwise payable for renewal of registration) shall be paid. Refusal of 369. (1) The granting or renewal of the registration of any registration or renewal if premises by the Commission may be refused if any requirements Act not complied with of this Act with respect to the premises are not complied with. or on conviction for offence. (2) The granting or renewal of the registration of any No. 6024 premises by any council may and when required by the s. 369. Commission shall be refused if such requirements are not complied with. Power to (3) On the second or any subsequent conviction of any person suspend or revoke for an offence against this Act committed in or on any registered registration. premises or committed in respect of any registered premises the Commission or the council (as the case may be) may suspend or revoke the registration of the premises. Transfers. 370. The Commission or the council (as the case may be) No. 6024 may at any time during the currency of any registration transfer s. 370. the registration so as to apply to any other person or premises. 1958. Health. No. 6270 1045 371. (1) The Commission and every council (as the case Register book, may be) shall cause to be prepared and kept books in the f^-fi*2* prescribed form and containing the prescribed particulars as to all registrations or renewals or transfers thereof made pursuant to this Act. (2) Any authorized officer shall be entitled free of charge to inspect any such books during office hours and to take extracts therefrom. (3) Any copy of any such book or of any entry therein certified as correct under the hand of the secretary of the Commission or the municipal clerk (as the case may be) shall be prima facie evidence of the facts stated therein without production of the register or of any document or thing on which the registration was founded. (4) A certified copy of any such entry shall be supplied by the secretary or the municipal clerk (as the case may be) to any authorized officer free of charge and to any other person on payment of a fee of One shilling. (5) The fact that any premises are not entered in any such book as being registered shall be prima facie evidence that the premises are not registered. 372. Before granting any registration or renewal of the Powers and registration of any premises the Commission or the council (as commission the case may be)— btfo?encil (a) may cause an inspection of the premises to be made; SSSSation and *°No-. 6024 (b) may require any alterations or improvements to be s. 372. made therein to comply with this Act; but may grant the registration or renewal temporarily on condition that the requirements are complied with. 373. Subject to this Act any premises licensed or registered saving. N under any Act or enactment hereby repealed or any corresponding °-7«>U previous enactment shall if such licence or registration is in force at the commencement of this Act be deemed to be registered under this Act. 374. (1) When any premises are registered or the registration certificates o» thereof is renewed under this Act the secretary of the Commission SfSnewLi. or the municipal clerk (as the case may be) shall cause to be issued No^att* to the person registering the same a certificate of registration in the s. 374. prescribed form. (2) Any such certificate may be inspected by any authorized office:err . 1046 1958. Health. No. 6270 (3) Every such person who on demand by an authorized officer does not produce such certificate for inspection shall be guilty of an offence against this Act. Registrations 375. Save as otherwise expressly provided nothing in this under other Acts. Act shall excuse any person from making any registration required No. 6024 pursuant to any other Act; but any such registration or the renewal s. 375. thereof may and when required by the Commission shall be refused in the case of any premises if any of the requirements of this Act applicable thereto are not complied with. Regulations. 376. The Governor in Council may make regulations for or No. 6024 ft. 376. with respect to— (a) applications for the registration renewal and transfer of registration of premises under this Act; (b) any conditions under which registration or renewal thereof may be refused; (c) classifying premises for purposes of registration; (d) prescribing fees not exceeding those specified in the Eleventh Eleventh Schedule for registrations renewals and Schedule. transfers of registration and prescribing proportionate fees where registration is granted during the currency of any year; and prescribing additional fees for renewals of registration in cases where late applications for renewal are lodged; (e) prescribing the duties of the Commission and of . officers of the Department and of councils and their officers as to registrations renewals and transfers and the keeping of registration books and making entries therein; and (/) generally, carrying into effect the purposes of this Act. PART XX.—GENERAL AND SUPPLEMENTARY. DIVISION 1. GENERAL. Provision for 377. In order to secure effective co-operation in the securing co-operation administration of Acts and enactments relating to or affecting in health adminis the public health the following provisions shall have effect:— tration. No. 6024 (1) The Governor in Council may by order published in s. 377. the Government Gazette— (a) provide for the execution of any powers or duties of any officer or inspector of the Department of Health by any officer or inspector of any other Department; 1958. Health. No. 6270 1047 (b) make any provisions which are necessary or convenient for carrying the order into effect; and (c) revoke any such order. (2) Where any Act or enactment administered in the Department of Health and any Act or enactment administered in any other Department deal with the same or the like subject-matters or contain provisions for the making or approval of regulations or by-laws relating to same or the like subject-matters it shall be the duty of the permanent heads of the several departments concerned before any such regulations or by-laws are made or (as the case may be) submitted to the Governor in Council for his approval to confer with one another so as to secure so far as practicable that the regulations and by-laws shall be uniform and consistent. (3) The Governor in Council may make regulations for carrying into effect the purposes of this section. 378. (1) Subject to the approval of the Governor in Council Power of the Commission may by instrument in writing delegate any of its to delegate1 powers or duties (except this power of delegation) so that the Kion!nto delegated powers and duties may be exercised by the Chief Health officer"?'* Officer or by any council (within its municipal district) as fully councils- and effectually as by the Commission. ^m124 (2) It shall be the duty of the Chief Health Officer and of every council (as the case may be) to exercise any powers or duties so delegated. (3) Every delegation under this section shall be revocable in like manner. (4) No such delegation shall effect or prevent the exercise of any powers or duties of the Governor in Council or of the Minister. (5) Every instrument of delegation or of the revocation of any delegation under this section shall be notified in the Government Gazette. 379. (1) Save as otherwise expressly provided all powers saving of conferred on any council by or under this Act shall be deemed councils under to be in addition to and not in derogation of any other powers NO^M^ conferred on it by any other Act and such other powers may be «• "»• exercised in the same manner as if this Act had not passed. 1048 1958. Health. No. 6270 Application ol (2) For the purpose of the carrying into effect by any council Acts relating to local of the provisions of this Act— government tor purposes of this Act. (a) (so far as relates to the city of Melbourne and the city of Geelong) any Acts relating to those cities respectively; and (6) (so far as relates to any other municipality) the Local Government Act 1958— shall (if not inconsistent with this Act) be read and construed as part of those provisions. Power to 380. (1) Subject to the approval of the Commission any two councils to combine in or more councils may for the purposes of this Act combine in providing worics a.id providing equipping maintaining and managing any works or undertakings. undertakings (including any lands buildings plant machinery No. 6024 s. 380. appliances process and equipment) which all or any of such councils are or is by or under this Act authorized or required to provide. (2) The proportions in which the several councils shall contribute towards the cost and expenses of providing and equipping the same and of the maintenance and management thereof shall in default of agreement between the councils be finally and conclusively fixed by the Commission. (3) Any such works or undertakings may be provided within or (with the approval of the Governor in Council) outside the municipal district. (4) Any moneys which any council acting in combination with any other council expends for any of the purposes aforesaid shall be deemed to be expended in the execution within its municipal district of an Act relating to local government. Works to be 381. All works and undertakings for the purposes aforesaid " permanent works and (whether undertaken by any council or two or more councils in under takings." combination) shall be deemed to be permanent works and No. 6024 undertakings within the meaning of any Act relating to local s. 381. government for which the council may borrow moneys upon the credit of the municipality. Enforcement 382. Where any two or more councils act in combination for of duties and liabilities of any of the purposes of this Act proceedings may be taken against councils combining. them either jointly or severally for securing the enforcement of No. 6024 the provisions of this Act with regard to the purposes for which s. 382. they have combined. 1958. Health. No. 6270 1049 383. (1) All moneys (including rates charges fees fines Application penalties and forfeitures) received under this Act by any council received by shall be carried to the municipal fund and applied for or towards *°un^; rr lL. A . . . .f No. 6024 carrying this Act into execution. s. 383. (2) All salaries wages allowances and remuneration payable Remuneration by any council under this Act and all other expenses incurred by expenses how the council in the due execution of this Act so far as the same are to *" paid' not paid out of the moneys aforesaid shall be paid out of the general rates which may be increased to an extent not exceeding Sixpence in the pound beyond any statutory limitation thereof. 384. Where for the purposes of this Act the Governor in Powers of Council or the Minister or the Commission directs an inquiry to be dTrected to, hold inquiries. made or the Commission makes any inquiry the Commission or No. 6024 any member thereof or the officer directed to hold the inquiry for *• s**-" the purposes of the inquiry— (a) shall have free access at all reasonable times to all books plans maps documents and other things belonging to any municipality or any contractor and used in the performance or execution of any laws relating to the public health; (b) shall have in relation to witnesses and their examination and the production of documents similar powers to those vested in justices by the Justices Acts; and (c) may enter and inspect any land or building or property the entry or inspection whereof appears to it or him requisite for the purposes of the inquiry. 385. (1) Any vessel lying within any river harbour or other vessels, water (not within a municipal district) shall be deemed to be N^^024 within the municipal district of such municipality as the Governor in Council by notification in the Government Gazette declares; and where no such notification has been given then of the municipality whose municipal district is nearest to the place where such vessel is lying. (2) The master officer or person in charge (except the pilot) of such vessel shall be deemed to be the occupier thereof within the meaning of this Act. (3) This section shall not apply to any vessel which is under the command or charge of any officer bearing Her Majesty's commission or to any vessel which belongs to the Government of any foreign State. 1050 1958. Health. No. 6270 Members of 386. (1) No member of the Commission and no officer of or Commission or of councils person employed in the Department and no member or officer of or and officers not to be person employed by a council shall be concerned or interested concerned in contracts. directly or indirectly in any bargain or contract entered into under No. 6024 this Act by or on behalf of the Commission Department or s.386. such council respectively: Provided that this sub-section shall not apply to any bargain or contract entered into by a member or officer of a council which he (while being such member or officer) could lawfully enter into under any Act relating to local government. (2) If any such member of the Commission or other officer member or person is so concerned or interested or under colour of his office or employment exacts takes or accepts any fee or reward whatsoever other than his proper salary wages remuneration fees expenses and allowances he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall for each such offence be liable to a penalty of not more than Fifty pounds. Appeal to 387. (1) Save as otherwise expressly provided if the judge of the county court Commission or any council refuses or neglects— from refusal of Commission (a) to give its approval or consent to any application or council in certain cases. made pursuant to this Act; or No. 6024 s. 387. (b) to grant any application for or for the renewal of any registration under this Act— the applicant may within one month apply ex parte to a judge of the county court for an order calling upon the Commission or the council (as the case may be) to appear before him on a day and at a time named in the order and to show cause why the approval or consent to or the granting of the application is withheld. (2) After hearing the Commission or the council (as the case may be) or in its absence if it does not appear the judge shall hear and determine the matter and may make such order in the premises as he thinks just; and his decision shall be final and binding upon the parties. Execution of 388. Where it is provided by or under this Act that any works for which work is to be carried out in accordance with plans and approval of Commission specifications as approved by the Commission and such approval is obtained. has been given— No. 6024 s. 388. Works to be (a) the work shall be carried out in accordance with the carried out in accordance plans and specifications as so approved and with with plans &c. as any regulations and subject to any further approved or modified. modifications made from time to time by the Commission; 1958. Health. No. 6270 1051 (b) the council for the municipal district in which the Council to superintend work is carried out shall (when required by the when required and to Commission)— report to (i) see that the work is carried out accordingly; Commission. and (ii) report to the Commission whether it is so carried out or not together with particulars of any failure to so carry out the same; (c) the applicant for the approval of the Commission to Applicant to lodge plans the plans and specifications shall forthwith lodge &c. with with the council a copy of the plans and council. specifications as so approved and of any modifications thereof; (d) every person who— Offences. (i) undertakes begins or continues the work before a copy of the plans or specifications as approved is lodged with the council; or (ii) in carrying out the work does not comply with the regulations or with the plans and specifications as so approved or as modified by the Commission from time to time— shall be guilty of an offence against this Act; (e) every person for or on behalf of whom the work is False or misleading being done and any architect builder or contractor statements hy owners or person employed or engaged in or about the builders architects work who wilfully or negligently makes any false contractors statement or suppresses any material fact in any &c report or certificate made or given in connexion therewith or in answer to any question relating to the work put to him by the Commission or the council or any officer shall be guilty of an offence against this Act. DIVISION 2.—PROCLAMATIONS, REGULATIONS, BY-LAWS, ORDERS, ETC. 389. (1) The Governor in Council may make any proclamation. No. 6024 proclamations provided for in this Act. 9.389. (2) After the coming into operation of this Act all proclamations made under this Act— (a) shall be published in the Government Gazette; (b) shall take effect on the date of the publication thereof or a later date specified therein; 1052 1958. Health. No. 6270 (c) may if so expressed therein take effect with respect to any specified municipal district or part thereof; and if not so expressed shall take effect throughout Victoria; (d) may be rescinded revoked amended or varied by like proclamation; and (e) shall so long as they are not rescinded or revoked have the like force and effect as if enacted in this Act. Regulations of 390. (1) The Governor in Council may make regulations for x J the Governor .it_ ' . ° in council. or with respect to— N0- 60M , S , • , , , . A s-3K>- (a) any matter authorized or required by this Act to be prescribed by regulations of the Governor in Council; and (b) providing for the execution of any matter or thing arising under and consistent with this Act and not expressly provided for in this Act and for more fully carrying out the objects and purposes of and for guarding against evasions and violations of this Act. Power of the Governor in (2) The Governor in Council may make regulations for or Council to make with respect to— regulations . for the (a) the training examination and licensing of licensing of cinematograph cinematograph operators; operators. (b) the appointment of a board of examiners for applicants for such licences, and the functions of such board; (c) the remuneration of examiners; (d) the registration of cinematograph operators and the keeping of a register; (e) fees for examinations not exceeding One pound and for licences not exceeding Five shillings; (/) the revocation of licences; (g) any matters or things necessary or convenient to be prescribed for carrying into effect the purposes of this sub-section. Commission (3) The Commission shall prepare and submit to the Minister to prepare regulations. all such regulations: Saving of Provided that nothing in this sub-section shall affect the powers of Governor in ]powe r of the Governor in Council to make any regulations under Council. this Act in any case where he thinks fit. 1958. Health. No. 6270 1063 391. (1) Save as otherwise expressly provided in this Act General regulations of the Governor in Council— wreguuluons. - (a) may be made to apply or to have operation throughout s.° 9i. the whole or any part of Victoria or throughout the whole or any part of any municipal district; (b) may be of general or specially limited application according to time place or circumstances; (c) may (without affecting any general power to confer powers and impose duties by regulation) confer powers or impose duties in connexion therewith on the Commission and on councils officers members of the police force analysts medical practitioners employers of labour owners or occupiers of land premises or buildings persons in charge of schools hospitals or institutions and any persons whomsoever; (d) may deal with the procedure to be followed, the conditions to be complied with, and any matters whatsoever necessary or convenient to be prescribed for carrying the regulations into effect; (e) may prescribe any forms for use under this Act; and any such form or any form to the like effect shall be sufficient for the purposes thereof; (/) shall be published in the Government Gazette; (g) shall take effect on the date of the publication of or a later date specified in the regulations; (h) may impose a penalty of not more than Twenty pounds for any contravention thereof; and in the case of a continuing offence a further daily penalty of not more than Five pounds; but so that the total of such penalties shall not exceed One hundred pounds ;(a) and (/) shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting and if Parliament is not sitting then within fourteen days after the next meeting of Parliament and a copy thereof shall be posted to each member of Parliament. (2) Where any by-law or regulation of a council (whether uy-iawsAc made under this or any other Act) is inconsistent with any f/c'nsS'su'nt regulation of the Governor in Council under this Act the re^Iati0I1 provisions of the last-mentioned regulation shall prevail and the ™ger ,his provisions of the first-mentioned by-law or regulation shall to the extent of the inconsistency have no force or effect. (a) See sections 201 (2) (b). All (2) (b). 1051 1958. Health. No. 6270 Copies of pioposed (3) Except in an emergency or sudden necessity of the regulations to existence of which emergency or necessity the Commission shall be sent to municipalities be the sole and final judge and except in the case of regulations affected. to be made on the recommendation of the Food Standards Committee where any proposed regulations affect or are likely to affect any municipality copies thereof shall be sent to every such municipality at least six weeks before the making of the regulations. Councils to see to 392. Where any regulations are in force within any municipal execution of district or part thereof the council— regulations- No. 6024 s. 392. (a) shall when required by the Commission superintend and see to the execution thereof; and (b) shall at its own cost do and provide all such acts matters and things as are necessary for the purposes of this section. Commission to prepare 393. (1) The Commission shall prepare model by-laws which model may be adopted in whole or in part (with or without such by-laws. No. 6024 modifications as are approved by the Governor in Council) as s.393. by-laws by any council for all or any of the purposes for or with respect to which councils are authorized or required to make by-laws under this Act. Adoption by (2) A council shall in adopting any such by-laws follow as councils. nearly as may be the procedure provided in the Local Government Act 1958 with respect to the adoption of the provisions of the Fifteenth Schedule thereto as a by-law. (3) The adoption as aforesaid of any such by-laws shall operate to extend the by-laws or portions thereof as so adopted to the municipal district or to any part thereof to which the same apply and with the same legal effects in all respects as if they were by-laws made by the council and shall be deemed to be within the powers of the council to make by-laws. By-laws ot councils. 394. (1) Every council— No. 6024 8.394. (a) may and when required by the Commission shall make or adopt by-laws for all or any of the purposes for or with respect to which such council is authorized or required to make or adopt (as the case may be) by-laws under this Act; and (b) shall when so required by the Commission revoke rescind amend or vary or suspend the operation of any by-law or any specified part thereof. 1958. Health. No. 6270 1056 (2) All by-laws made or adopted by a council under this Act— (a) shall be submitted to the Commission; (b) shall be subject to the approval of the Governor in Council; and (c) without prejudice to any other method of revocation may be revoked by Order of the Governor in Council. (3) Save as otherwise expressly provided in this Act the provisions of Divisions two to eight of Part VII. of the Local Government Act 1958 with respect to by-laws shall with such alterations modifications and substitutions as are necessary extend and apply with respect to by-laws which any council is authorized or required to make under this Act. 395. (1) If any council when required by the Commission Power of does not to the satisfaction of the Commission make or adopt co>Sorton make by-laws any by-law the Governor in Council may make such a by-law In default of in the like manner as regulations may be made under this Act. councils. No. 6024 S.395. (2) Every by-law so made by the Governor in Council shall within the municipal district or part thereof to which it is made to apply have the like force and effect as if it had been made or adopted by the Council and as if all the requirements of any Act necessary to make the same of full force and effect had been complied with and shall be deemed to have been made by the council. (3) When the Governor in Council has made any by-law under this section the Commission shall forthwith notify the council that such by-law is in force; and no such by-law shall be rescinded revoked amended or varied or have its operation suspended by the council without the consent of the Governor in Council. (4) Any such by-law without prejudice to any other method of revocation may be revoked by Order of the Governor in Council. 396. (1) The Commission or any council may make give Orders directions &c alter and repeal any orders directions and notices for carrying by the Commission into execution any powers or duties of the Commission or of and by councils- such council (as the case may be) under this Act. No. 6024 s. 396. (2) Where by or under this Act the Commission is empowered to require any council to do any act matter or thing or to execute any work the requisition may be made by order of the Commission directed to the council. 1056 1958. Health. No. 6270 (3) Any officer of a council who fails neglects or refuses to observe or give effect to any order direction or notice made on or given to the council or such officer by the Commission shall be guilty of an offence against this Act. DIVISION 3. ENFORCEMENT OF ACT. cXSsSon ^^' (*) ^ a^ter ^ue m 398. (1) If any council does not exercise any power or Power to perform any duty conferred or imposed on it by or under this payments Act (including the payment of any sum ordered by the consolidated Commission to be paid under the last preceding section) the J^u'ncus' Treasurer of Victoria may by order under his hand cause all in default. or any moneys payable or to become payable to the municipality l^m24 out of the Consolidated Revenue or on account of fees fines or penalties not to be paid until the power has been exercised or the duty performed to the satisfaction of the Minister. (2) The provisions of this section shall be in aid of and not in derogation of any other powers of the Treasurer of Victoria or the Minister and shall not prejudice any other proceeding or remedy against or liability of the council or the municipality. 399. Every council in carrying out any work or in doing any work to be act matter or thing which it is required by the Commission to carry ut&actionot out or do shall do so to the satisfaction of the Commission and in 5om^ion' conformity with any directions of the Commission. s.399. 400. In the execution of this Act any authorized officer and Powers of the Commission or any council by itself or by any authorized inspection, officer may enter into and upon any premises— N40oQ4 (a) in the case of trade premises—at any time when such trade is in progress or is usually carried on; or (b) in the case of any other premises — at any reasonable hour— for the purposes of— (i) examining as to the existence of any nuisance or cause of offence; (ii) examining whether any of the provisions of this Act are being contravened; (iii) executing any work or making any inspection authorized to be executed or made by or under this Act; and (iv) generally, enforcing the provisions of this Act. VOL. m.—34 1068 1958. Health. No. 6270 General 401. In the execution of this Act any authorized officer with powers of Inspection such assistants as he thinks necessary may— seizure &c by officers. (a) inspect and examine any animals or things found in or No. 6024 •.401. on any premises; (b) inspect and examine any animals or things being taken or conveyed on or along any street or public place; (c) stop and detain any person animal vehicle or other means of conveyance; (d) cut or open any package which he has reasonable grounds for believing contains anything with respect to which there has been a contravention of this Act; (e) seize detain or remove to some suitable place any animals or things with respect to which he has reasonable grounds to believe there has been a contravention of this Act; (/) destroy any things so seized which are decayed or putrefied; (g) mark fasten or secure any animals or things; and (h) fasten secure or seal any place door gate opening or means of access to any animals or things seized. Interference 402. Every person (not being authorized so to do) who opens with official marks or alters breaks removes or erases any mark fastening or seal made seals. placed or affixed by any officer in the execution of this Act shall be No. 6024 s. 402. guilty of an offence against this Act. Obstruction Ac. of 403. Every person who— officers Ac (a) obstructs hinders impedes resists or opposes; or No. 6024 3.403. (b) refuses admission to any premises to— any member of the Commission or of any council or any officer or person appointed employed or authorized by or under this Act in the performance of anything which such member officer or person is empowered or required by or under this Act to do shall be guilty of an offence against this Act. Interference &c. with 404. Every person who— officers. (a) gives procures offers or promises any bribe recompense No. 6024 8.404. or reward to or influences or attempts to influence any officer or person in the performance of anything which he is required or authorized to do by or under this Act; (b) assaults or intimidates or endeavours to assault or intimidates or by force molests any such officer or person; 1958. Health. No. 6270 1059 (c) refuses to allow to be taken any sample demanded by any officer or person by or under this Act; or (d) rescues or attempts to rescue any animal or thing seized under this Act— shall be guilty of an offence against this Act. 405. (1) Where any sample of any food drug or substance Examination for sale procured by any officer has been proved by analysis to adulterated contain anything the sale or use of which therein is prohibited substances. any authorized officer may— £No 405". 6024' (a) at all reasonable times enter the premises on which such food drug or substance has been manufactured or is stored; and (b) inspect examine and take samples of and seize mark fasten secure or seal any such food drug or substance. (2) The possession on such premises of such food drug or Possession substance shall be deemed prima facie evidence that the same is eXidTnce^of kept in contravention of this Act. $nU£enUon 406. (1) If in the opinion of the Chief Health Officer there is Power to reasonable ground for suspecting that any person is (for the information purposes of sale manufacturing or preparing for sale) in possession avaiTabTe!de of any food drug substance or appliance in contravention of this N°n Duties of officers 407. (1) Where any animal or thing is seized by an authorized seizins officer he shall forthwith— animals and things. (a) give notice of the seizure to any person apparently No. 6024 8.407. in charge thereof; (b) if there is no person apparently in charge thereof— give notice of the seizure to any person appearing to be the consignor or owner thereof by any name and address attached thereto or to any package containing the same if such address is a place in Victoria; and otherwise to the importer or consignee or his agent. (2) Where any food drug or substance is seized by an authorized officer he shall forthwith deliver or forward a portion thereof marked and sealed or fastened up in such manner as its nature will permit— (a) to any person appearing to be the consignor or manufacturer by any name and address attached thereto or to any package containing the same if such address is a place in Victoria; and (b) otherwise to the importer or consignee or his agent. (3) No officer and no member of the police force seizing any food drug or substance or any animal and no inspector of stock or sheep seizing any animal shall be liable for any costs expenses or damages on account of such seizure if he acted under a reasonable belief that such food drug or substance was unwholesome or that such animal was diseased or that there was with respect to any such food drug substance or animal any contravention of this Act. Remedy to 408. (1) Any person claiming any animals or things seized persons for animals and under this Act may within forty-eight hours after the seizure things seized. complain thereof to a justice; and the complaint shall be heard No. 6024 8.408. and determined by any two justices who (after hearing the evidence) may either confirm or disallow the seizure wholly or in part and make an order accordingly. (2) If no such complaint is made or if the seizure is confirmed the animals or things seized— (a) shall thereupon become the property— (i) of the municipality if the seizure is made by an officer of the council; or (ii) of the Crown if the seizure is made by an officer of the Department or a member of the police force; and (b) shall be destroyed or otherwise disposed of. 1958. Health. No. 6270 1061 409. Every person who without lawful authority destroys pulls Defacing down injures or defaces any board placard regulation by-law £0.6024° notice order or other matter put up or exhibited under the authority >• *•»• of this Act shall be liable to a penalty of not more than Five pounds. 410. (1) The occupier of any premises or any person who offences by prevents obstructs or hinders the owner thereof or the agent SSSSSl0™and receiving the rent for the same from or in obeying or carrying into NO. 6024 effect any of the provisions of this Act shall be guilty of an offence against this Act. (2) If the occupier of any premises when requested by or on behalf of the Commission or the council to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully misstates the same he shall be guilty of an offence against this Act. 411. (1) Where by or under this Act the owner of any Power of • • J .. j ^ *i • ^ council to premises is required to do any act matter or thing or construct any order works works the council may by the original or any subsequent order occupier or notice require the occupier to do or construct the same. {TwlTel? of (2) Every such owner or occupier who does not comply with s.4'11. such order or notice after service thereof and within a time to be specified therein shall be guilty of an offence against this Act. (3) Any expenses incurred by an occupier in complying with any such order or notice— (a) shall (except in the case of a nuisance or cause of offence caused or created by or by the default of the occupier) be recoverable by the occupier from the owner as money paid to the use of such owner; or (6) may be deducted by the occupier from or set off against any rent then due or thereafter at any time to become due; and (c) the owner from or against whom such expenses are so recovered deducted or set off (if he is a tenant to another person of the same premises) may in like manner recover deduct or set off the said expenses— notwithstanding any covenant or agreement whatsoever to the contrary. (4) If the person to whom any such order or notice is addressed does not comply therewith the council may— (a) carry out the requirements of such order or notice; and (b) recover from such person all costs and expenses incurred by the council in so doing. 1062 1958. Health. No. 6270 Provision in case of (5) When any such owner or occupier is from poverty or any poverty of other cause unable in the opinion of the council effectually to carry owners or occupiers. out any such requirement the council may without enforcing such requirement enter the premises and construct the works or do any such act matter or thing. " Occupier.' (6) For the purposes of this section "occupier" includes, as well as the person in occupation of any premises, any person in possession of the same or any agent receiving rent for the same. Expenses 412. (1) Any expenses incurred under this Act by any council recoverable. No. 6024 in the abatement of any nuisance or other cause of offence shall 3.412. (except when otherwise ordered by the council) be payable by and recoverable from the occupier of the premises whereon such nuisance or other cause of offence existed. (2) Where it is provided by or under this Act that any works for the abatement of any nuisance or other cause of offence may be done by the council at the expense of the occupier of any premises such expenses shall (except in the case of a nuisance or cause of offence caused or created by or by the default of the occupier) be recoverable by him from the owner as money paid to his use or may be deducted by the occupier from or set off against any rent then due or thereafter at any time to become due notwithstanding any covenant or agreement to the contrary. " Occupier.' (3) For the purposes of this section " occupier " includes, as well as the person in occupation of any premises, any person in possession of the same or any agent receiving rent for the same. Enforcement 413. (1) Where any duty or obligation with regard to any of duty with regard to land or premises imposed upon any person by or under this Act is land &c. not performed to the satisfaction of the Minister or the No. 6024 s.413. Commission or the council (as the case may be) the Minister or the Commission or such council may by order cause such duty or obligation to be performed by any officer or person. (2) The costs and expenses of so performing such duty or obligation and all other costs and expenses heretofore or hereafter lawfully incurred by the Minister or the Commission or the council in respect of any land or premises (whether any judgment or order has been obtained or not) with interest at the rate of six per centum per annum— (a) shall be and remain a charge on the land; and (b) may at any time be recovered from the owner for the time being or after demand from the occupier for the time being to the extent of the amount of rent due at the time of demand from such occupier to such owner. 1958. Health. No. 6270 1063 Power of 414. (1) Whenever it appears that— councils to abate the person by whose act default nuisances or , (a) permission or execute works sufferance a nuisance arises; or where owner cannot be (b) the owner or the occupier of the premises whereon a found. No. 6024 nuisance exists; or s. 414. (c) the owner of any land or premises in respect of which an order has been made by the council to do or to permit the council to do any matter or thing— is not known or cannot be found the council may execute such works or do any such matter or thing as in the opinion of the council are or is necessary in order to abate the nuisance or as is mentioned in any order made as aforesaid. (2) Any costs and expenses incurred by a council under this Expenses section shalJ l be and remai*• -n a charge upo* n the land . , charged. recoverable from the owner for the time being thereof. and be Power oi 415. (1) Where any nuisance exists on unoccupied land the councils to owner of which or his agent is unknown to the council or where an enter and abate order to abate a nuisance on any land has not been complied with nuisances on unoccupied by the owner or occupier of the land the council may— land or where owner not to be (a) enter and take steps to abate the nuisance; and found. No. 6024 (b) do all things necessary for such abatement— s. 415. whether the land is wholly or partly in or is surrounded by or partly abuts on the municipal district of such council. (2) During the time that any council continues to take steps for the abatement of such nuisance it shall not be competent for any other council to enforce the provisions of this section. 416. Where any land is unoccupied and any expenses incurred power to take by any council in respect thereof under this Act or any §SdS"asen °' r 3 rty corresponding previous enactment have been unpaid for three £ h £n °* expenses years— are due. No. 6024 (a) such council may in the name of the municipality take s. 416. possession of such land and hold the same as against any person interested therein and grant leases of the same; and (b) the provisions of Division five of Part XII. of the Local Government Act 1958 shall with such alterations modifications and substitutions as are necessary extend and apply with respect to the recovery of the said expenses by taking possession of such land 1064 1958. Health. No. 6270 Costs and expenses of 417. Where any council is empowered to recover any costs or works to expenses of works from the owner or occupier of any land any Include purchase money expended in the purchase of land necessary for such works money and compensation. or in compensation in respect of land injuriously affected by such No. 6024 works shall be deemed to be included in the costs or expenses. s. 417.' Crown lands to be put 418. It shall be the duty of the Commissioner of Crown lands into sanitary condition. and Survey whenever required in writing so to do by the council No. 6024 of any city town borough or shire to cause to be put into a sanitary s. 418. condition Crown lands within the municipal district or (in the case of a shire) in any populous part of the municipal district. Power to arrest without 419. (1) Any person may without warrant apprehend any warrant in certain cases. person found offending against section one hundred and No. 6024 twenty-seven or three hundred and fifty-fiveo f this Act. s. 419. (2) Where any person who under the provisions of this or any other section of this Act may be lawfully apprehended without warrant is so apprehended the person by whom he is apprehended— (a) may forthwith take and convey the person so found offending bsfore some justice to be dealt with according to law; or (6) may deliver him to a member of the police force to be so taken and conveyed; and such member shall take and convey him accordingly.(a) Power to inspect 420. Any authorized officer may free of charge at all register of reasonable times inspect any register of births and deaths and births and deaths. make extracts therefrom. No. 6024 5.420. DIVISION 4. OFFENCES AND LEGAL PROCEEDINGS. Other 421. (1) Nothing in this Act shall— Proceedings not affected. (a) affect any power of proceeding by presentment No. 6024 s. 421. indictment or information or take away any other remedy against any offender against this Act; Nuisances. (b) render lawful any act matter or thing which but for this Act would be deemed to be a nuisance; Contracts. (c) (save as otherwise expressly provided) interfere with contracts and bargains between individuals and the rights and remedies belonging thereto; or Contribution. (d) prevent persons proceeded against from recovering contribution in any case in which they would otherwise be entitled to contribution by law. (a) See the Justices Act 1958, section 39, as to the powers and duties of a justice where a person arrested without warrant is brought before him to be dealt with according to law. 1958. Health. No. 6270 1065 (2) The provisions of this Act as to nuisances shall be deemed to be in addition to and not to prejudice abridge or affect any right remedy or proceeding under any other provisions of this Act or of any other Act or at common law. 422. (1) Every person who does not do anything directed to General be done or does anything forbidden to be done by or under this ^6024 Act shall be guilty of an offence against this Act. s.422. (2) Every person guilty of an offence against this Act shall— (a) be liable to the penalty expressly provided therefor(a); and (b) (if no other penalty is expressly provided) be liable to a penalty of not more than Twenty pounds, and in the case of a continuing offence to a further daily penalty of not more than Five pounds. 423. (1) Save as otherwise expressly provided every person Recovery of guilty of an offence shall in addition to any penalty for such SSSiSs1? offence be also liable for any costs or expenses incurred in— No. 6024 s. 423. (a) the taking of proceedings against such person; (b) the examination inspection analysis seizure or disposition of anything with respect to which the proceedings are taken; and (c) the remedying of any default. (2) Any penalty costs or expenses shall be recoverable notwithstanding that any other power has not been exercised. 424. Every person who— Fraudulent (a) knowingly makes any false or misleading statement in false or any application notice or report under this Act; statements (b) for the purpose of obtaining any registration or N0.6024 certificate under this Act makes any false s-424- statement or is a party to any false pretence or conduct knowing it to be false; (c) forges or falsifies any certificate under this Act or utters any such forged or falsified certificate knowing it to be forged or falsified; (d) uses or attempts to use any document as a certificate under this Act knowing it to be a forged or falsified document or certificate; (t?) knowingly makes a false entry in any book or register required to be kept or return required to be made by or under this Act; or (a) See sections 200 (2) (b), 391 (1) (/1). 1066 1958. Health. No. 6270 (/) refuses to give information or gives false or misleading information in answer to any inquiry made for the purposes of this Act (the making of which inquiry is hereby authorized) by any person authorized in writing either generally or specially by the Commission or by a council (as the case may be) to make the inquiry— shall be guilty of an offence against this Act. service of 425. (1) Any notice or order under this Act may be in print notices and . . ,v ' •> , . , , . . J r orders &c. or in writing or partly m print and partly in writing. No. 6024 s. 42S. (2) Any notice order or other document under this Act required or authorized to be given or served to or upon any person may be served— (a) by delivering the same to such person; or (b) by leaving the same at his usual or last known place of abode; or (c) by forwarding the same by post in a pre-paid letter addressed to such person at his usual or last-known place of abode. (3) Any such document if addressed to the owner or occupier of premises may be served by delivering the same or a true copy thereof to some adult person on the premises or if there is no such person on the premises who can be so served by fixing the same on some conspicuous part of the premises. (4) Where a notice is required to be given to a person whose name and address are unknown the notice may be served by publishing it in the Government Gazette and a newspaper three times at intervals of not less than one week between any two publications. (5) Any notice by this Act required to be given to the owner or occupier of any premises may if the name of the owner or occupier is not known be addressed to him by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice is given without further name or description. (6) If there are more owners or occupiers than one it shall be sufficient if the notice or order is served on any one of them and the name of any one of them is specified with the addition of the words " and others ". (7) Non-service on the owner shall not affect the validity of service on the occupier; and non-service on the occupier shall not affect the validity of service on the owner. 1958. Health. No. 6270 1067 (8) Any document may be served (as the case may be) on the Commission or a council or a municipality— (a) by delivering the same to the secretary of the Commission or the municipal clerk; or (b) by forwarding the same by post in a pre-paid letter addressed to him. 426. (1) In all proceedings in which any notice order or proof of other document has to be proved— ™deresor documents. (a) the defendant shall be deemed to have received notice No. 6024 to produce it; and s-*** (b) until the contrary is shown the same and its due service may be sufficiently proved by or on behalf of the complainant or informant by the production of what purports to be a copy bearing what purports to be a certificate under the hand of the officer authorized to issue the original or of the secretary of the Commission or the municipal clerk (as the case may be) that the copy is a true copy of the original and that the original was served on the date specified in the certificate. (2) The validity of any notice order or other document or of validity of the service thereof shall not be affected by any error misdescription orders or or irregularity which in the opinion of the court is not likely to documems mislead or which in fact does not mislead. 427. All notices or orders required under this Act to be served continued on any owner or occupier shall if due service thereof has been Srders'and0' once made on any owner or occupier be binding on all persons ^"SKM claiming by from or under such owner or occupier and on all 8.427. subsequent owners or occupiers to the same extent as if served on such last-mentioned persons respectively. 428. Whenever in any proceeding under this Act it becomes References to necessary to mention or refer to the owner or occupier of any «SSSfp'er?' premises it shall be sufficient to designate him as the " owner " or No.^024 " occupier " of such premises without name or further description. s. 428. 429. Proceedings against several persons included in one NO information complaint or summons shall not abate by reason of abatement. the death of any of the persons so included but may be carried s'4'29No. 602; 4 on as if the deceased person had not been originally so included. 430. (1) When any nuisance appears to be wholly or Proceedings partially caused by the acts or defaults of two or more persons jf§ausnedisbyice t I more proceedings may be instituted against any one of such persons or p™0°n s all or any two or more of such persons may be included in one N0.6024 proceeding. 1068 1958. Health. No. 6270 (2) Any one or more such persons— (a) may be ordered to abate such nuisance so far as the same appears to the court having cognisance of the case to be caused by his or their acts or defaults; (b) may be prohibited from continuing any acts or defaults which in the opinion of the court contribute to such nuisance; or (c) may be fined or otherwise punished notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance. (3) The costs and expenses may be distributed as to the court appears fair and reasonable. Power of 431. No justice (by reason of his being as one of several justices to act in certain ratepayers or as one of any other class of persons liable in cases. No. 6024 common with others to contribute to or be benefited by any rate S.-.3). charge or fund out of which any expenses incurred by any council are to be defrayed) shall be deemed incapable of adjudicating in cases arising under this Act; but no justice being a member of any council shall adjudicate in any such case instituted by or against the council. Appearance 432. Any council may appear before any court or in any of council in legal legal proceeding by the aimmicipal clerk or by any officer or proceedings. member authorized generally or in respect of any special No. 6024 s. 432. proceeding by resolution of the council. (2) The municipal clerk or any officer or member so authorized may in the name of the council institute and carry on any proceeding which such council is authorized to institute and carry on under this Act. Protection of 433. (1) No matter or thing done and no contract entered Commission and councils into by or on behalf of the Commission or any council and no and members and officers matter or thing done by any member of the Commission or officer from personal liability. of the Department or any member or officer of any council or by No. 6024 any other person whomsoever acting under the direction or s.433. authority of the Minister the Commission or any council shall (if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act) subject them or any of them personally to any action liability claim or demand whatsoever. (2) Any expense incurred by the Commission or any such council member officer or other person acting as aforesaid shall be deemed to be an expense authorized by this Act. 1958. Health. No. 6270 . 1069 434. (1) The Commission may direct either generally or in Power of Commission any particular case proceedings to be taken in respect of breaches or councils to authorize of or offences against this Act wherever committed. proceedings. No. 6024 (2) Any council may direct either generally or in any s. 434. particular case proceedings to be taken in respect of breaches of or offences against this Act committed in its municipal district. 435. (1) Any authorized officer of the Department or of any Power of council or any authorized member of the police force may prosecute. No. 6024 prosecute for any breach of or offence against this Act. s. 435. (2) Any inspector of a council may without any general or inspector may particular direction of the council take proceedings against any E«acnuof or person offending against any by-laws made by such council. by-iaw. (3) No fee shall be payable on the issue of any summons for the purposes of any such prosecution or proceedings. 436. In any proceedings by or against a council or a Name of municipality under this Act it shall not be necessary for the JkS^Sld'iSt plaintiff or complainant or informant to prove the corporate ""proved- name of the municipality or the constitution or limits of the N«i municipal district. 437. In any prosecution or other legal proceedings under this simplification Act instituted by or under the direction of the Minister or the certain cases. Commission or any council or by any officer of the Department NO^OM or of any council or by any member of the police force— (1) no proof shall be required— (a) of the persons constituting or the extent of the jurisdiction of the Commission or of the council; (b) of any order or authority to prosecute; (c) of the particular or general appointment of any officer of the Department or of the council; (d) of the presence of a quorum of the Commission or the council making any order notice direction or requirement at the making thereof until evidence is given to the contrary; (e) of the fact that the Commission or the council (as the case may be) has not approved of the opening of any public building if such approval is denied in the information or complaint; but the defendant may prove such approval; 1070 1958. Health. No. 6270 (2) the burden of proof that any person is licensed or any premises are registered under this Act shall be upon the party charged; (3) the burden of proof that any persons are or are not (as the case requires) members of the same family shall be upon the party charged; (4) the burden of proof that any animal does not belong to a person charged shall be on the person charged; (5) the burden of proof that any animal carcass meat food drug or substance was not sold or intended for human consumption shall be on the person charged. Proof of 438. The production of a copy of the Government Gazette by-laws regulations containing any proclamation Order in Council regulation by-law &c. order or notice purporting to be made under this Act shall be No. 6024 s. 438. evidence until the contrary is proved of the due making existence confirmation approval and giving thereof and of all preliminary steps necessary to give full force and effect thereto. Documents 439. (1) All documents whatever purporting— signed by certain persons to be (a) to be issued or written by or under the direction of evidence. No. 6024 the Commission and to be signed by the chairman 8.439. or the secretary of the Commission; or (b) to be issued or written by or under the direction of any council and to be signed by the chairman of the municipality or the municipal clerk— shall be received as evidence in all courts of law and shall be deemed to be issued or written by or under the direction of the Commission or the council without further proof unless the contrary is shown. (2) In this section " documents" includes all regulations by-laws orders directions and notices. Evidence of 440. (1) A copy— orders notices &c. No. 6024 (a) of any order direction requirement authority consent s. 440. or notice made or given under this Act by the Commission the Chief Health Officer or a council and signed and certified by the chairman of the Commission or the Chief Health Officer or the chairman of the municipality or the municipal clerk (as the case requires) to be a true copy and to have been duly made confirmed or given; and 1958. Health. No. 6270 1071 (b) of any notice given under this Act and so signed and certified by an inspector of a council— shall (unless the contrary is proved) be evidence in all legal proceedings of the due making existence confirmation or giving thereof without further or other proof. (2) The making confirmation or existence of any regulation Or Evidence of by-law under this Act may be proved in the same manner as the t^SSs'tof making confirmation existence or giving of any order under this section. (3) In any such case the original may be given in evidence if certified as aforesaid to be true and to have been duly made confirmed given or passed (as the case may be); and such certificate shall (until the contrary is proved) be evidence of the facts therein stated. 441. In any prosecution under this Act in respect of an Plan of highway &c. offence alleged to have been committed on a public highway verified by statutory or on Crown lands or in a public place in any municipal district declaration of municipal a plan showing such highway lands or place or the relevant part engineer or thereof and verified by statutory declaration of the surveyor surveyor acceptable In or engineer of the municipality may be accepted in evidence by evidence. No. 6024 the court without further proof. s. 441. 442. All courts and all persons having by law or by consent signature of of parties authority to hear receive aan d examine evidence shall secret™?? St Commission take judicial notice of the signature— &c. to be judicially (a) of the chairman or the secretary of the Commission; noticed. or s.442No. 602. 4 (b) of the chairman or the municipal clerk of any municipality— where such signature is attached for the purpose of verifying any document whatsoever under this Act. 443. (1) In any legal proceedings under this Act— proof of ownership. (a) evidence that the person proceeded against is rated N0.6024 in respect of any land or premises to any general s*443* rate for the municipality within the municipal district of which such land or premises are situate; and (b) evidence by the certificate of the Registrar-General or his deputy that any person appears from any memorial of registration of any deed conveyance or other instrument to be the owner or proprietor of any land; and 1072 1958 Health. No. 6270 (c) evidence by a certificate signed by the Registrar of Titles or any assistant registrar and authenticated by the seal of the Office of Titles that any person's name appears in any register book kept under the Transfer of Land Act 1958 as owner or proprietor of any land— shall (until the contrary is proved) be evidence that such person is owner proprietor or occupier (as the case may be) of such land or premises. Liability of (2) If the person appearing to be the owner of any land is occupier or agent Ac. absent from Victoria or cannot after reasonable inquiries be found any occupier or any agent or person advertising or notifying himself by placard or otherwise as authorized to deal with such land in any way shall for the purposes of any legal proceedings under this Act be deemed to be such owner: Provided that— (a) such occupier agent or person may recover from such owner any penalty in which he has been convicted or any expenses to which he has been put or any sums of money or costs which he has expended in and about such land pursuant to this Act whether under the compulsion of legal process or not; and (b) nothing herein shall prejudice exclude or take away any other methods of proof. Complaints 444. Save as otherwise expressly provided— <&c. before petty sessions. (a) all complaints of and informations for offences under No. 6024 8.444. this Act may be heard and determined in a summary way before a court of petty sessions; and (b) all moneys costs and expenses made payable or recoverable hereby may be recovered before a court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction. Appeal. 445. (1) Any person who feels himself aggrieved by any 1^6024 conviction or order of any justices or court of petty sessions under this Act may appeal from such conviction or order to the next court of general sessions (or in the event of such conviction or order being made within six days before the next court of general sessions to the said next court or to the court next but one following at the option of the appellant) in the manner and on the conditions prescribed by any law in force relating to appeals from justices or courts of petty session to courts of general sessions. 1958. Health. No. 6270 1073 (2) In this section " person who feels himself aggrieved" " Person who includes and shall be deemed at all times to have included any aggrieved." person who, with respect to an information laid by him under this Act, is dissatisfied with any conviction or order (including the dismissal of the information) of any justices or court of petty sessions. 446. Proceedings for the recovery of demands costs or P'"1311!??™ ,, _°, , , J, . , , _, .. below £1,000 county court. expenses below One thousand pounds which the Commission or Norecoverabl. 6024 e in any council is empowered to recover in a summary manner may at the option of the Commission or the council (as the case may »*»6. be) be taken in the county court as if the same were debts within the cognisance of such court. 447. Notwithstanding anything in this Act— commiEum (a) the Commission or any council may (if in its opinion to take summary proceedings would afford an inadequate the Supreme remedy) cause any proceedings to be taken against abatement of any person in the Supreme Court— nuisances &c. No. 6024 (i) to enforce compliance with any order given s. 447. under this Act; or (ii) for the abatement or prohibition of any nuisance or cause of offence; or (iii) for the recovery of any penalties or expenses from or for the punishment of any person offending against this Act; (b) the Commission may cause the like proceedings to be taken against any municipality or the council thereof; and for that purpose " person" in this section shall be deemed and taken to include municipality or council. 448. In any case in which the Commission or any council Re"ov|' Proceedings 449. No order conviction or thing made or done under this not to be quashed for Act or relating to the execution of this Act shall be vacated want of form. quashed or set aside for want of form or (unless otherwise No. 6024 expressly provided by this Act) be removed or removable by 8.449. certiorari or any other writ or process whatsoever into the Supreme Court: Provided that nothing in this section shall prevent the removal of any case stated for the opinion of such court or of any order conviction or thing to which such special case relates. Application 450. (1) Where the application of any penalty under this of penalties. No. 6024 Act is not otherwise provided for one-half of the penalty shall s. 450. go to the person on whose complaint or information the penalty has been inflicted and the remainder to the council in whose municipal district the offence was committed: Provided that if the council or its officer is the complainant or informant the council shall be entitled to the whole of the penalty recovered. Penalties (2) All moneys arising from fines penalties and forfeitures recovered by Commission imposed by or under this Act and recovered by the Commission &c. or the Chief Health Officer or any officer of the Department shall, notwithstanding anything in this section, form part of the consolidated revenue. DIVISION 5. GOVERNMENT AND MUNICIPAL MEDICAL OFFICERS. Power to appoint 451. (1) The Governor in Council may subject to the Public Government or municipal Service Act 1958 or by special contract appoint or employ medical officers. medical practitioners to be Government medical officers for the No. 6024 purposes of this section. s. 4S1. (2) Any municipality may appoint or employ medical practitioners as municipal medical officers for the purposes of this section. Duties of medical (3) Any such medical officers as aforesaid shall be entitled officers. to receive such salary or remuneration as is agreed upon. (4) The duties of such medical officers shall be— (a) to give medical attendance to persons who are entitled to receive medical attendance pursuant to the rules of any friendly society which is registered under the Friendly Societies Act 1958 and which enters 1958. Health. No. 6270 1075 into an agreement under this section with the Minister or the municipality (as the case may be); and (b) to perform such other medical duties as are agreed upon or as are prescribed. (5) When any medical officer has been appointed or employed Agreements by the Governor in Council or by any municipality any such triendiy friendly society may enter into agreement with the Minister or societies the municipality (as the case may be) for the giving of medical attendance as aforesaid by such medical officer and shall make to the Treasurer of Victoria or to the municipality (as the case may be) such payments and at such rates as are agreed upon or as are prescribed. (6) The Governor in Council may make regulations for or Regulations. with respect (a) the duties of medical officers under this section; (b) prescribing any terms and conditions to be included in any contracts or agreements under this section; (c) prescribing rates of payments to be made by friendly societies to the Treasurer of Victoria or to any municipality (as the case may be) for the services of medical officers under this section; and (d) generally, carrying into effect the purposes of this section. DIVISION 6.—TRANSITORY PROVISIONS. 452. (1) As to streets existing on or before the first day of f^^?sas January One thousand eight hundred and ninety the following bouses in provisions shall apply, viz.:— streets? No. 6024 No person shall after the commencement of this Act s-*52- erect a dwelling-house in any city town or borough or in any portion of a shire which has been at any time a borough or to which Part I. of the Police Offences Act 1958 or the corresponding provisions of any Act previously in force have been extended unless such house and the site and curtilage thereof can be properly drained. (2) As to streets not formed or dedicated as public highways Asto on or before the twenty-fourth day of November One thousand house?™ eight hundred and eighty-nine but which have been surveyed bufnot'Ssid1" laid out and shown on plans of land subdivided and of which £!,$££. 1076 1958. Health. No. 6270 any allotment was sold prior to the first day of January One thousand eight hundred and ninety the following provisions shall apply, viz:— Where land has been so subdivided and sold with frontages to streets shown on plans prior to such last-mentioned date nothing in this section contained shall prevent the erection of a dwelling-house thereon— if without passing through the house there is reasonable access to the back premises and offices for the removal of night-soil and other refuse to a street or to a lane ten feet wide at the least; and if such house and the site and curtilage thereof can be properly drained. AS to (3) As to streets not existing on or before such last-mentioned ho*^isnEnew date the following provisions shall apply, viz:— 8tree,s- (a) Every such street shall be fifty feet wide at the least except lanes footways alleys or passages which shall be ten feet at the least; (b) No person shall erect a dwelling-house in any city town or borough or in any portion of a shire which has been at any time a borough or to which Part I. of the Police Offences Act 1958 or the corresponding provisions of any Act previously in force have been extended— unless the site or curtilage of such house has a superficial area of at least one thousand six hundred and fifty square feet and has a frontage to a street at least fifty feet wide; and unless without passing through the house there is reasonable access to the back premises and offices of such house available for the removal of night-soil and other refuse to a street or to a lane ten feet wide at the least; and unless such house and the site and curtilage thereof can be properly drained. offence. (4) If any dwelling-house is erected contrary to the foregoing provisions of this section, every person erecting or procuring the erection of such dwelling-house shall be guilty of an offence against this Act. Removal. If such dwelling-house is not removed within two months after notice from the council to the owner requiring such removal, such dwelling-house may be pulled down and removed by order of the council, and the costs and expenses of such pulling down and removal may be recovered by the council from the owner of such house in any court of competent jurisdiction. 1958. Health. No. 6270 1077 SCHEDULES. FIRST SCHEDULE. Section 2. Number of Act. Title of Act. Extent of Repeal. 6024 . . Health Act 1956 The whole. 6112 .. Statute Law Revision Act 1957 Item in Schedule referring to Nurses Act 1956. 6035 .. Nurses Act 1956 Clause 4 of Part II. of Schedule. SECOND SCHEDULE. Section 12. No. 603S s. 2. 1. The Health Ac: 1958. No. 6112 s. 2. 2. The Cancer Act 1958. 3. The Cemeteries Act 1958. 4. Part V. of the Goods Act 1958 (so far as relates to goods being, or used in the preparation of food drink medicine or medicinal preparations for man). 5. The Masseurs Act 1958. 6. The Nurses Act 1958. 7. The Venereal Diseases Act 1958. 8. The Heatherton Sanatorium Act 1944. 9. The Hairdressers Registration Act 1958. 10. The Dietitians Registration Act 1958. 11. The Victorian Sanatoria for Consumptives Act 1911. 12. The Mental Hygiene Act 1958 (except so far as the same relates to the powers and duties of the Master of the Supreme Court and the Public Trustee thereunder and except so far as the same relates to the criminal insane). 13. The Mental Deficiency Act 1958. 14. The Medical Act 1958. 15. The Poisons Act 1958. 16. The Inebriates Act 1958 (except so far as the same relates to the powers and duties of the Master of the Supreme Court thereunder). 17. The Hospitals and Charities Act 1958. 18. The Hospital Benefits Act 1958. 19. The Talbot Colony for Epileptics Act 1905 and the Talbot Colony for Epileptics Act 1906. 20. Paragraph (/) of section 83 of the Education Act 1958. 21. The Gaols Act 1958 so far as the same relates to the medical treatment of prisoners. 22. The Labour and Industry Act 1958 so far as the same relates to certifying medical practitioners and medical certificates. 23. The Police Regulation Act 1958 so far as the same relates to the medical Board thereunder and its duties, the medical examination of members and intending members and retiring or retired members of the police force, and the medical treatment of members of the police force in the police hospital. 24. The Workers Compensation Act 1958 so far as the same relates to certifying medical practitioners and medical referees. 25. The Opticians Registration Act 1958. 26. Any Act or enactment so far as the same relates to the Government Medical Officer or to medical officers of gaols. 27. Section 44 of the Children's Welfare Act 1958. [NOTE.—References in this Schedule to any Acts or enactments shall include references to any Orders in Council, proclamations, rules, regulations, by-laws, or orders thereunder.] 1078 1958. Health. No. 6270 Section 94. THIRD SCHEDULE. OFFENSIVE TRADES. Any of the trades usually carried on in or in connexion with— Abattoirs or slaughter-houses; Blood albumen factories or blood-boiling or blood-drying works; Bone-boiling or burning or grinding or milling works; Bone manure depots; Fat-extracting or melting or rendering works; Fellmongeries or wool-scouring or wool-washing; Flock shoddy or mungo factories; Glue or size factories; Gut-cleaning or gut-scraping or gut-drying or gut-spinning works; Knackers' yards; Manure works; Marine stores in which are received or stored any things which are or are likely to become offensive: Piggeries; Poultry killing or cleaning or dressing; Rag-picking or rag-sorting; Works where animal fats are used in the manufacture of candles or soap; Soup-drying works; Stores for skins hides hoofs hair or bones not including hide or skin stores forming part of and used in connexion with tanneries or stores for grading and packing dried rabbit and other dried furred skins only; Tripe-boiling establishments; Works for boiling down meat bones blood or offal. Section 106. FOURTH SCHEDULE. DANGEROUS TRADES. Any of the trades usually carried on in or in connexion with- Arsenic recovery works; Chemical manure works; Match factories; Metal grinding or polishing works; Sulphuric or hydrochloric acid works; White-lead works. 1958. Health. No. 6270 1079 FIFTH SCHEDULE. Section 144. ARRANGEMENT made pursuant to section 5 of the Tuberculosis Act 1948 of the Commonwealth of Australia Between His Excellency the Governor-General acting with the advice of the Federal Executive Council and His Excellency the Lieutenant Governor of the State of Victoria acting with the advice of the Executive Council of the State: WHEREAS at a Conference of Commonwealth and State Ministers held at Canberra in August 1948, it was agreed that the Commonwealth and the several States should participate in a campaign to reduce as soon and as far as possible the incidence of tuberculosis in Australia, and to provide adequate facilities for the diagnosis, treatment and control of that disease; NOW IT IS HEREBY ARRANGED as follows:— 1. The Commonwealth and the State will forthwith participate in a campaign to reduce as soon and as far as possible the incidence of tuberculosis in Australia and to provide adequate facilities for the diagnosis, treatment and control of tuberculosis. 2. For the purposes of the campaign the Commonwealth will reimburse to the State such of die expenditure by the State hereafter in this clause mentioned as shall be approved by the Minister of State for Health of the Commonwealth (in this Arrangement called the " Minister " which expression shall be deemed to include any Minister of State of the Commonwealth acting for or on behalf of the Minister) namely— (a) capital expenditure by the State on or after the first day of July, One thousand nine hundred and forty-eight, in the provision by the State of land and buildings for use in the diagnosis, treatment and control of tuberculosis and in the erection and improvement of buildings and the provision of furnishings, equipment and plant' for such use; and (b) the net maintenance expenditure by the State in relation to the diagnosis, treatment and control of tuberculosis in any financial year after the year which ended on the thirtieth day of June, One thousand nine hundred and forty-eight, to an extent not exceeding the amount by which that expenditure is in excess of the net maintenance expenditure in relation to the diagnosis, treatment and control of tuberculosis incurred by the State during that last mentioned year. 3. For the purpose of this Arrangement, net maintenance expenditure by the State in any financial year shall not include any payment by the State by way of allowances to, or in respect of, sufferers from tuberculosis and their dependants, and the amount of any net maintenance expenditure shall be arrived at after taking into account— (a) payments for that year by the Commonwealth to the State, under the agreement entered into under the Hospitals Benefits Act 1945-1948 at the Commonwealth Hospital Benefits Expenditure Rate for Public Wards in respect of beds occupied by sufferers from tuberculosis; (b) payments for that year by the Commonwealth to the State under sections 4 and 5 of the Tuberculosis Act 1945-1946; (c) payments by the Commonwealth to the State, on behalf of approved hospital authorities, under section 14 of the Pharmaceutical Benefits Act 1947-1949, in respect of the supply during that year of pharmaceutical benefits for the treatment of sufferers from tuberculosis; and (d) any other amounts received during that year by the State, or by any institution upon the maintenance of which any part of that expenditure has been incurred, from, or in respect of, patients treated for tuberculosis. 4. The amount of any gift, donation or bequest received in any financial year by the State or by any institution upon the maintenance of which any part of the net maintenance expenditure during that year has been incurred shall also be taken into account in arriving at the amount of the net maintenance expenditure. 1080 1958. Health. No. 6270 FIFTH SCHEDULE—continued. 5. In order to enable the Minister to determine whether any of the expenditure mentioned in Clause 2 of this Arrangement should be approved by him the State shall ensure that— (a) Any proposal which will involve the reimbursement of capital expenditure under paragraph (a) of clause 2 of this Arrangement, excepting payments made on or after 1st July, 1948, and up to the date of this Arrangement, shall be submitted in writing to the Commonwealth before any expenditure is incurred or any commitment made in respect of that proposal. (fr) The Minister shall be supplied with such information by such persons at such times and in such manner and form as he shall from time to time require. 6. Any assets acquired or services or facilities provided by the State the cost, or part of the cost, of which has been reimbursed to the State under this Arrangement shall not, without the prior written approval of the Minister, be used otherwise than for the diagnosis, treatment and control of tuberculosis. 7. The State shall indemnify and keep indemnified the Commonwealth— (a) against payment by way of compensation for property the cost of which has been reimbursed to the State by the Commonwealth under this Arrangement in the event of the acquisition of that property by the Commonwealth; and (t) where the cost of the property was reimbursed in part to the State by the Commonwealth under this Arrangement — against payment by way of compensation proportionate to the cost so reimbursed to the State in the event of the acquisition of that property by the Commonwealth. 8. The State shall ensure that no means test is imposed on, and that no charge is made for accommodation and treatment in respect of, persons occupying beds in public wards in an institution upon the maintenance of which any part of the net maintenance expenditure has been incurred. 9. The State shall as soon as practicable appoint a Diiector of Tuberculosis who shall devote the whole of his time to the duties of his office and shall not engage in private practice. 10. This Arrangement shall be in force for a period of ten years computed as from the First day of July, One thousand nine hundred and forty-eight, and prior to the date of its expiration the Commonwealth and the State shall confer with a view to a further Arrangement being entered into. 11. The Prime Minister of the Commonwealth and the Premier of the State shall confer from time to time on the means whereby the said campaign shall be effectively carried out. 12. It is a condition of this Arrangement that the State shall before the First day of January, One thousand nine hundred and fifty enact and bring into force legislation to give effect to this Arrangement and for the effective carrying out of the said campaign. If such legislation is not enacted and brought into force before that date the Commonwealth will not make any further reimbursement to the State under this Arrangement except only in respect of or on account of expenditure actually paid by fee State prior to that date. Dated this thirteenth day of September, 1949. By His Excellency's Command, J. B. CHIFLEY, Prime Minister By His Excellency's Command, T. T. HOLLWAY, Premier. 1958. Health. No. 6270 1081 SIXTH SCHEDULE. Section 160. NOTICE OF BIRTH TO THE MUNICIPAL CLERK. I (a) of (b) (a) Name In legible letters hereby give notice:- of person ivlng notice. That (c) residing at (d) b) Address fof usual place was delivered of a (e) male (or female) child alive (e) (or dead of residence. or at full time or prematurely) at a.m. (e) or (c) Name of mother in p.m. on the day of 19 legible letters. at (/) ; and (a) Address of usual place of residence 2. That Dr. and Nurse of mother, (e) Strike out are (e) (or, if the case so requires. Dr. or Nurse what Is not is) attending the patient. applicable. (/) Address of place where delivery (Signature of person' giving notice.) took place. The Municipal Clerk, Municipality of SEVENTH SCHEDULE. Section 310. MEAT AREAS. Name of Meat Area. Description. Metropolitan .. (a) The municipal districts of Melbourne, Altona, Box Hill, Brighton, Broadmeadows, Brunswick, Camberwell, Caulfield, Coburg, Collingwood, Doncaster and Templestowe, Essendon, Fitzroy, Footscray, Hawthorn, Heidelberg, Kew, Malvern, Moorabbin, Mordialloc, Mulgrave, Northcote, Nunawading, Oakleigh, Port Melbourne, Prahran, Preston, Richmond, Sandringham, South Melbourne, St. Kilda, Sunshine and Williamstown. (b) That part of the shire of Whittlesea described in the Government Gazette of the 17th day of January, 1951, on page 224. (c) Those parts of the shires of Bulla and Whittlesea being that portion of the land which on the 20th day of December, 1950, comprised the Broadmeadows and Campbellfield ridings of the shire of Broadmeadows which portion was pursuant to an Order published in the Government Gazette of the 25th day of May, 1955, severed from the shire of Broadmeadows and annexed in two portions to the said shires of Bulla and Whittlesea. (d) The land described in the Government Gazette of the 16th day of May, 1951, on page 3434, in a proclamation amending the constitution of a meat area, being portion of the shire of Eltham. (e) Part of the shire of Melton being that portion of the former shire of Braybrook which was severed from the last-named shire and annexed to the said shire of Melton pursuant to an Order published in the Government Gazette of the 24th day of January, 1951. (/) Portion of the shire of Werribee being that portion of the parish of Truganina as described in the Government Gazette of the 21st day of September, 1955. on page 4831. 1082 1958. Health. No. 6270 SEVENTH SCHEDULE—continued. Meat Areas—continued. Name of Meat Area. Description. Chelsea The city of Chelsea. Dandenong The shire of Dandenong, the shire of Springvale and Noble Park, and that pari of the shire of Berwick described in the Government Gazette of the 12th day of September, 1928, on page 2442. Ferntree Gully , The shire of Ferntree Gully and that part of the shire of Berwick described in the Government Gazette of the 28th day of July, 1954, on page 5082. Flinders The shire of Flinders. Frankston The shire of Frankston and Hastings. Keilor The shire of Keilor. Lillydale That part of the shire of Lillydale being those parts of the parishes of Ringwood, Warrandyte and Mooroolbark described in the Government Gazette of the 19th day of August, 1953, on page 4278. Mornington The shire of Mornington. Ringwood The borough of Ringwood. Ararat The city of Ararat and that part of the shire of Ararat described in the Government Gazette of the 14th day of December, 1938, on page 4304. Bairnsdale The shire of Bairnsdale. Ballarat The city of Ballaarat, the borough of Sebastopol, and those parts of the shires of Ballarat, Bungaree, Buninyong and Creswick described in the Government Gazette of the 23rd day of December, 1936, on page 3496. Bass The borough of Wonthaggi, the shire of Phillip Island, and those parts of the shires of Bass, Korumburra and Woorayl described in the Government Gazette of the 20th day of February, 1957, on page 643. Bendigo The city of Bendigo, the borough of Eaglehawk, the shire of Strathfieldsaye and that part of the shire of Marong comprising the township of Kangaroo Flat and the portion of the parish of Mandurang described in the Government Gazette of the 21st day of February, 1951, on pages 1482 and 1483. Broadford The shire of Broadford. Castlemaine The town of Castlemaine, the shire of Metcalfe, the Maldon riding of the shire of Maldon and all parts of the shires of Maldon and Newstead and Mount Alexander within eight miles of the Castlemaine Town Hall. Colac The town of Colac and the shire of Colac. Corangamite The borough of Camperdown, the shire of Heytesbury and those portions of the shires of Hampden and Mortlake described in the Government Gazette of the 13th day of May, 1953, on pages 2181 and 2182. Corio That part of the shire of Corio described in the Government Gazette dated the 2nd day of September, 1942, on page 3220. Cranbourne Those parts of the shire of Cranbourne described in the Government Gazettes of the 26th day of March, 1947, on page 1908, and of the 11th day of July, 1956, on page 3965. 1958. Health. No. 6270 1083 SEVENTH SCHEDULE—continued. Meat Areas—continued. Name of Meat Area. Description. Daylesford The borough of Daylesford and that part of the shire of Glenlyon described in the Government Gazette of the 25th day of July, 1951, on page 4925. Echuca The borough of Echuca and those parts of the shires of Deakin and Rochester which lie within a distance of six miles from the Echuca Post Office. Geelong The cities of Geelong, Geelong West and Newtown and Chilwell. Hamilton The city of Hamilton and the shires of Dundas and Minhamite. Horsham The city of Horsham. Kilmore Those parts of the shire of Kilmore described in the Government Gazette of the 1st day of June, 1949, on page 3137. Kyabram The borough of Kyabram and the Kyabram riding of the shire of Rodney. Kyneton The shire of Kyneton and the shire of Newham and Woodend. Maryborough The borough of Maryborough and all that part of the shire of Tullaroop within a distance of six miles from the Maryborough Town Hall, with the exception of that part of the said shire which is within a distance of one mile from the Bowenvale Post Office. Mildura The city of Mildura and that part of the shire of Mildura described in the Government Gazette of the 8th day of July, 1936, on page 1678. Morwell Portions of the Yallourn Works Area and of the shire of Morwell being the area described and defined as the Morwell riding of the shire of Morwell in the Government Gazettes of the 3rd day of May, 1911, and the 31st day of May, 1912. Narracan The borough of Moe and that part of the shire of Narracan described in Government Gazette of the 25th day of June, 1958, on page 1621. Otway The shire of Otway. Port Fairy The borough of Port Fairy. Portland The town of Portland and that part of the shire of Portland described in the Government Gazette of the 25th day of June, 1958, on page 1620. Queenscliff The borough of Queenscliffe. Rodney That part of the shire of Rodney described in the Government Gazette of the 10th day of August, 1949, on page 4485. Romsey That part of the shire of Romsey described in the Government Gazette of the 17th day of August, 1955, on page 4437. Sale .. The city of Sale together with parts of the shire of Avon being the portions of the parish of Sale described in the Government Gazettes of the 26th day of October, 1938, on page 3285, and the 5th day of September, 1945, on page 2262, and parts of the shire of Rosedale being the portions of the parish of Wurruk Wurruk and of the township of Wurruk Wurruk described in the Government Gazette of the 26th day of October, 1938, on page 3285, and further portions of the parish of Wurruk Wurruk described in the Government Gazette of the 24th day of January, 1940, on page 150. 1084 1958. Health. No. 6270 SEVENTH SCHEDULE—continued. Meat Areas—continued. iKame of Meat Area. Description. Shepparton The city of Shepparton and the North, South, West and Kialla ridings of the shire of Shepparton. South Barwon .. The shire of South Barwon. Traralgon The shire of Traralgon. Wangaratta The borough of Wangaratta and those parts of the shires of Wangaratta and Oxley described in the Government Gazette of the 27th day of December, 1940, on page 4439. Warragul The shires of Buln Buln and Warragul and that portion of the shire of Berwick described in the Government Gazette of the 21st day of May, 1958, on page 1333. Warrnambool .. The city of Warrnambool and South and East ridings of the shire of Warrnambool. Section 343. EIGHTH SCHEDULE. REPORT and Answers to Questions as to the present and previous state of the health of the Passengers and Crew on board the undermentioned Vessel by (Master) (acting as Master) of the said Vessel. Number Number of of Persons Deaths which now occurred on Board. during the Causes ol Port of Voyage Death Name of Departure in Vessel. or each Loading. Instance. o f Passenger s an d durin g th e Voyage . Dnratlo n o f Voyage . Passengers . Healt h Cre w Passengers . Crew . Total . Class . Crew . Tonnage . 1Days. TOTALS. Question No. 1.—Did any contagious or infectious disease prevail at the port from which you sailed? If so, what was the nature of such disease? Answer Question No. 2.—Have you had any communication with any infected port or vessel during the voyage? If so, when and where and what was the nature of the disease infecting such port or vessel? Answer Question No. 3.—Have you any oickness on board at present? If so, what is that sickness and what number of cases have you under treatment? Answer 1958. Health. No. 6270 1085 EIGHTH SCHEDULE—continued. Question No. 4.—Has any case of small-pox or any form of eruptive skin disease fever scarlatina plague cholera or other infectious or contagious disease or has any case of any other kind of sickness or disease occurred on board during the voyage? If so, state the number of cases and the dates of attack and convalescence or termination of the first and last cases of each disease? Answer Question No. 5.—Have the clothes and bedding used by those persons who have suffered from infectious or contagious disease during the voyage been either destroyed or passed through boiling water? Answer Question No. 6.—What means, if any, have been adopted for preventing the spread of any infectious or contagious disease which has occurred during the voyage from the person or persons affected amongst the other persons on board? Answer NINTH SCHEDULE. Section 344. Question to be asked by the health officer:— Of the master or person in charge— 1. Have you received any cargo, passengers, or luggage at any intermediate port, or from any ship or vessel? 2. What is the nature and description of your cargo? 3. Have you a passenger list? 4. Have you any bill of health? Of any passenger or other person on board— 1. Where did you join the ship? 2. Have you suffered from sickness or disease of any kind? If so, what was the nature of such sickness or disease? 3. What is your full name, address, and destination? TENTH SCHEDULE. Section 346. Clean Bill of Health granted to the Master. Given under my hand day of 19 1086 1958. Health. No. 6270 Sections 36S, ELEVENTH SCHEDULE. 376. MAXIMUM FEES PAYABLE. (a) For the Granting or Annual Renewal of Registration of Premises— Nature of Premises. Maximum Fees. Offensive trades premises (other than those referred to below) Five pounds Offensive trade premises (being fat extracting or melting or , rendering works which are conducted at premises occupied principally as a butcher's shop and at which fat is extracted melted or rendered only from materials derived from such shop) One pound Dangerous trades premises Five pounds Cattle sale yards One pound Private hospitals One pound Public buildings with accommodation for— (i) 1,000 persons or more Five pounds (ii) 500 to 1,000 persons Two pounds (iii) less than 500 persons One pound Boarding-houses One pound Common lodging-houses One pound Eating-houses One pound Apartment-houses— containing not more than one apartment Ten shillings containing more than one apartment One pound Camping areas One pound Food premises— (i) where five or less than five persons are employed Ten shillings (ii) where from 6 to 20 persons are employed One pound (iii) where from 21 to 50 persons are employed Two pounds (iv) where more than 50 persons are employed Five pounds Premises at or in any part of which eggs for sale are received or stored for the purpose of being chilled One pound (b) For any Transfer of Registration—Two shillings and sixpence.