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104—1 page i

Western Australia

Public Health (Consequential Provisions)

Bill 2014

Contents

Part 1 — Preliminary

1. Short title 2

2. Commencement 2

Part 2 — Health Act 1911 amended

Division 1 — Act amended

3. Act amended 3

Division 2 — Long title and Part I amended

4. Long title amended 3

5. Section 1 amended 3



Division 3 — Part II amended

8. Section 12 replaced 5

12. Powers of Chief Health Officer and authorised officers 5

13A. CEO and Chief Health Officer may delegate 6

9. Sections 27 to 34 deleted 7


Division 4 — Part IV amended

11. Part IV Division 6 deleted 7

Division 5 — Part VI amended



Division 6 — Part VIIA amended

Subdivision 1 — Part VIIA Division 1 amended


Public Health (Consequential Provisions) Bill 2014

Contents

page ii


Subdivision 2 — Part VIIA Divisions 5, 6 and 7

amended













27. Section 246B amended 14

28. Section 246BA amended 15

29. Section 246C amended 15


30. Section 246D amended 15

Division 7 — Part VIIIA amended

31. Section 247AA inserted 16

247AA. Terms used 16

32. Section 247A amended 16

33. Section 247BA inserted 17

247BA. Term of office and vacation of office 17



Division 8 — Part XIII amended





40. Sections 338 to 338C deleted 25

Division 9 — Parts XIIIA to XIIIC amended

Subdivision 1 — Part XIIIA amended





Contents

page iii


45. Section 340E amended 28

46. Section 340F replaced 28

340F. When office of member becomes vacant 28

47. Section 340G amended 30

48. Section 340H replaced 31

340H. Meetings and procedure of Committee 31

49. Section 340I amended 32

50. Section 340K replaced 32

340K. Functions of Committee 32

340LA. Further provisions relating to proceedings of Committee 33

340LB. Contents of notification confidential 34

51. Section 340L amended 34

52. Section 340M amended 35

53. Section 340N deleted 35

Subdivision 2 — Part XIIIB amended

54. Section 340AA amended 35

55. Section 340AB amended 36

56. Section 340AC amended 37

57. Section 340AD amended 38

58. Section 340AE amended 38

59. Section 340AF replaced 39

340AF. When office of member becomes vacant 39

60. Section 340AG amended 40

61. Section 340AH replaced 41

340AH. Meetings and procedure of Committee 41

62. Section 340AI amended 42

63. Section 340AJ amended 42

64. Section 340AK replaced 43

340AK. Functions of Committee 43

340ALA. Further provisions relating to proceedings of Committee 44

340ALB. Contents of notification confidential 45

65. Section 340AL amended 45

66. Section 340AM amended 47

67. Section 340AN deleted 47

Subdivision 3 — Part XIIIC amended


69. Section 340BB amended 48

70. Section 340BC amended 49

71. Section 340BD amended 49


Contents

page iv

72. Section 340BE amended 50

73. Section 340BF replaced 51

340BF. When office of member becomes vacant 51

74. Section 340BG amended 52

75. Section 340BH replaced 53

340BH. Meetings and procedure of Committee 53

76. Section 340BI amended 54

77. Section 340BJ amended 54

78. Section 340BK replaced 54

340BK. Functions of Committee 54

340BLA. Further provisions relating to proceedings of Committee 56

340BLB. Contents of notification confidential 56

79. Section 340BL amended 57

80. Section 340BM amended 57

81. Section 340BN deleted 58

Division 10 — Parts XIV and XV and Schedules

amended














95. Section 379 inserted 64

379. Transitional provisions for Public Health (Consequential Provisions) Act 2014 64

96. Schedule 5 amended 64

97. Schedule 6 inserted 64

Schedule 6 — Transitional provisions for Public Health (Consequential Provisions) Act 2014

1. References to Health Act 1911 may be taken to be references to Health (Miscellaneous Provisions) Act 1911 64


Contents

page v

2. Continuing effect of things done by Executive Director, Public Health and Executive Director, Personal Health 65

3. References to former titles 65

4. Transitional provisions for Local Health Authorities Analytical Committee 65

5. Transitional provisions for Maternal Mortality Committee, Perinatal and Infant Mortality Committee and Anaesthetic Mortality Committee 66

Division 11 — General amendments

98. Other provisions amended 67

99. Various references to “Executive Director, Public Health” and “Executive Director, Personal Health” amended 73

Part 3 — Amendments to other Acts

and repeals

Division 1 — Amendments resulting from

renaming of Health Act 1911

100. Various references to “Health Act 1911” amended 78

Division 2 — Amendments resulting from

abolition of Executive Director, Public

Health

101. Various references to “Executive Director”

amended 80

Division 3 — Anatomy Act 1930 amended

102. Act amended 81


104. Various references to “Executive Director” amended 82

Division 4 — Biosecurity and Agriculture

Management Act 2007 amended

105. Act amended 82



Division 5 — Blood Donation (Limitation of

Liability) Act 1985 amended

108. Act amended 83



Contents

page vi

Division 6 — Cat Act 2011 amended

110. Act amended 84





Division 7 — Constitution Acts Amendment

Act 1899 amended

115. Act amended 86

116. Schedule V amended 86

Division 8 — Cremation Act 1929 amended

117. Act amended 87




121. Various references to “Executive Director”

amended 88

Division 9 — The Criminal Code amended

122. Act amended 88



Division 10 — Dog Act 1976 amended

125. Act amended 89






Division 11 — Fair Trading Act 2010 amended

131. Act amended 90


133. Section 34 deleted 91


Division 12 — Fire Brigades Act 1942 amended

135. Act amended 91





Contents

page vii

48. FES Commissioner to provide information to Chief Health Officer 92

Division 13 — Food Act 2008 amended

139. Act amended 93







Division 14 — Health Legislation Administration

Act 1984 amended

146. Act amended 94






Division 15 — Hospitals and Health Services

Act 1927 amended

152. Act amended 97







Division 16 — Human Reproductive Technology

Act 1991 amended

159. Act amended 99




163. Section 60A inserted 100

60A. Public Health Officials 100

Division 17 — Liquor Control Act 1988 amended

164. Act amended 101



Contents

page viii

Division 18 — Local Government Act 1995

amended


167. Section 3.5 amended 101

Division 19 — Marketing of Potatoes Act 1946

amended



Division 20 — Medicines and Poisons Act 2014

amended




173. Part 11 Division 1 heading replaced 103

Division 1 — Health (Miscellaneous Provisions) Act 1911 amended


Division 21 — Mental Health Act 1996 amended



Division 22 — Mental Health Legislation

Amendment Act 2014 amended


178. Sections 66 and 67 replaced 105




Division 23 — Parental Support and

Responsibility Act 2008 amended



Division 24 — Poisons Act 1964 amended






Division 25 — Prisons Act 1981 amended



Contents

page ix


Division 26 — Rottnest Island Authority Act 1987

amended




Division 27 — School Education Act 1999

amended



Division 28 — Spent Convictions Act 1988

amended



Division 29 — Tobacco Products Control

Act 2006 amended






201. Glossary amended 111

Division 30 — University Medical School,

Teaching Hospitals, Act 1955 amended




Division 31 — Waste Avoidance and Resource

Recovery Act 2007 amended






Division 32 — Repeals

210. Certain provisions repealed if not commenced: Medicines and Poisons Act 2014 114


Contents

page x

211. Certain provisions repealed if not commenced: Mental Health Legislation Amendment Act 2014 115

212. Subsidiary legislation repealed 117

Part 4 — Health (Miscellaneous

Provisions) Act 1911 amended

Division 1 — Act amended


Division 2 — Part I amended




Division 3 — Part II amended



219. Sections 13 and 14 deleted 118




223. Part II Division 2 heading deleted 119






229. Part II Division 3 deleted 119

Division 4 — Part III deleted

230. Part III deleted 120

Division 5 — Part IV amended

231. Sections 53 to 63A deleted 120






237. Part IV Divisions 3 to 5 and 7 to 9 deleted 121

Division 6 — Part V deleted

238. Part V deleted 121


Contents

page xi

Division 7 — Part VI deleted

239. Part VI deleted 121

Division 8 — Part VII deleted

240. Part VII deleted 121

Division 9 — Part VIIA amended

Subdivision 1 — Amendments to Part VIIA heading

241. Part VIIA heading amended 121

242. Part VIIA heading replaced 122

Part VIIA — Analysts



244. Part VIIA Division 1 deleted 122

Subdivision 3 — Part VIIA Division 8 deleted


Division 10 — Part IX amended

246. Part IX heading and Part IX Division 1 heading

deleted 122




250. Part IX Division 2 deleted 123

Division 11 — Part IXA deleted

251. Part IXA deleted 123

Division 12 — Part X deleted

252. Part X deleted 123

Division 13 — Part XI deleted

253. Part XI deleted 123

Division 14 — Part XIII amended


Division 15 — Parts XIV and XV and Schedules

amended

255. Part XIV heading amended 123







Contents

page xii


















278. Schedule 1 deleted 127




Part 5 — Other Acts amended

Division 1 — Biosecurity and Agriculture





Division 2 — Blood Donation (Limitation of

Liability) Act 1985 amended



Division 3 — Botanic Gardens and Parks

Authority Act 1998 amended



44A. Chief Health Officer responsible for public health matters 130


Contents

page xiii

Division 4 — Country Areas Water Supply

Act 1947 amended



12. Pollution of water 132

Division 5 — Cremation Act 1929 amended



Division 6 — Dog Act 1976 amended



Division 7 — Equal Opportunity Act 1984

amended


296. Section 66U amended 133

Division 8 — Fair Trading Act 2010 amended



Division 9 — Gaming and Wagering Commission

Act 1987 amended



Division 10 — Housing Act 1980 amended



Division 11 — Human Reproductive Technology

Act 1991 amended



Division 12 — Land Administration Act 1997

amended



53A. Chief Health Officer responsible for public health matters in class A reserves 135

Division 13 — Liquor Control Act 1988 amended




Contents

page xiv



Division 14 — Marketing of Potatoes Act 1946

amended



Division 15 — Medicines and Poisons Act 2014

amended




Division 16 — Metropolitan Water Supply,

Sewerage, and Drainage Act 1909

amended




Division 17 — Misuse of Drugs Act 1981

amended




321. Part VII Division 3 inserted 141

Division 3 — Provisions for Public Health (Consequential Provisions) Act 2014

49. Transitional provision for registered analysts 141

Division 18 — Poisons Act 1964 amended





Division 19 — Public Health Act 2014 amended



Division 20 — Rates and Charges (Rebates and

Deferments) Act 1992 amended




Contents

page xv

Division 21 — Road Safety Council Act 2002

amended



Division 22 — Road Traffic Act 1974 amended



Division 23 — Rottnest Island Authority Act 1987

amended



45. Chief Health Officer responsible for public health matters 145

Division 24 — Sentencing Act 1995 amended



Division 25 — Swan and Canning Rivers




Division 26 — Veterinary Chemical Control and

Animal Feeding Stuffs Act 1976 amended




9. Act to be construed subject to certain laws 147

Division 27 — Waste Avoidance and Resource

Recovery Act 2007 amended



Division 28 — Water Services Act 2012 amended





Division 29 — Waterways Conservation Act 1976

amended



Contents

page xvi


Part 6 — Repeals

351. Provision repealed if not commenced 150

Western Australia

LEGISLATIVE ASSEMBLY

Public Health (Consequential Provisions)

Bill 2014

A Bill for

An Act to amend the Health Act 1911 and various other Acts as a

consequence of the enactment of the Public Health Act 2014, and for

related purposes.

The Parliament of Western Australia enacts as follows:


Part 1 Preliminary

s. 1

page 2

Part 1 — Preliminary 1

1. Short title 2

This is the Public Health (Consequential Provisions) Act 2014. 3

2. Commencement 4

(1) This Act comes into operation as follows — 5

(a) Part 1 — on the day on which this Act receives the 6

Royal Assent; 7

(b) Parts 2 and 3 — on a day fixed by proclamation; 8

(c) the rest of the Act — on a day fixed by proclamation, 9

and different days may be fixed for different provisions. 10

(2) The day or days fixed under subsection (1)(c) must be later than 11

the day fixed under subsection (1)(b). 12

(3) Subsection (1)(b) is subject to sections 210 and 211. 13

(4) Subsection (1)(c) is subject to section 351. 14


Health Act 1911 amended Part 2

Act amended Division 1

s. 3

page 3

Part 2 — Health Act 1911 amended 1

Division 1 — Act amended 2

3. Act amended 3

This Part amends the Health Act 1911. 4

Division 2 — Long title and Part I amended 5


In the long title delete “consolidate and amend the law 7

relating to” and insert: 8

9

deal with certain matters concerning 10

11


In section 1(1) after “Health” insert: 13

14

(Miscellaneous Provisions) 15

16


(1) In section 3(1) delete the definitions of: 18

Analytical Committee 19

environmental health officer 20

Executive Director, Personal Health 21

Executive Director, Public Health 22

medical officer 23

public health official 24


Part 2 Health Act 1911 amended

Division 2 Long title and Part I amended

s. 7

page 4

(2) In section 3(1) insert in alphabetical order: 1

2

Analytical Committee has the meaning given in 3

section 247AA; 4

authorised officer has the meaning given in 5

subsection (2A); 6

Chief Health Officer has the meaning given in the 7

Public Health Act 2014 section 4(1); 8

nurse means a person registered under the Health 9

Practitioner Regulation National Law (Western 10

Australia) in the nursing and midwifery profession 11

whose name is entered on the Register of Nurses kept 12

under that Law; 13

14

(3) In section 3(1) in the definition of apparatus for the treatment 15

of sewage delete “Executive Director, Public Health” and insert: 16

17

Chief Health Officer 18

19

(4) After section 3(1) insert: 20

21

(2A) A reference in a provision of this Act to an authorised 22

officer is a reference to a person designated as an 23

authorised officer under the Public Health Act 2014 24

section 24(1) whose designation has effect for the 25

purposes of that provision. 26

27


In section 5(3): 29

(a) delete “CEO” and insert: 30

31


33



Part II amended Division 3

s. 8

page 5

(b) delete “his” and insert: 1

2

the Chief Health Officer’s 3

4

Division 3 — Part II amended 5


Delete section 12 and insert: 7

8

12. Powers of Chief Health Officer and authorised 9

officers 10

(1) The Chief Health Officer, and any authorised officer 11

acting with the Chief Health Officer’s authority, has all 12

the powers of an authorised officer of a local 13

government, and may exercise those powers in any part 14

of the State, and the Chief Health Officer has all the 15

rights and powers that the local government would 16

have in case its authorised officer exercised the power, 17

or to enable its authorised officer to exercise the power. 18

(2) Any provision of this Act conferring any power on an 19

authorised officer of a local government, or relating to 20

or connected with the exercise or intended exercise, or 21

the consequences of the exercise of any power by an 22

authorised officer of a local government, are to be 23

construed and have effect for the purposes of this 24

section as if — 25

(a) the references in the provision to an authorised 26

officer of the local government extended to the 27

Chief Health Officer or any authorised officer 28

acting with the Chief Health Officer’s 29

authority; and 30



Division 3 Part II amended

s. 8

page 6

(b) all references in the provision to a local 1

government extended to the Chief Health 2

Officer. 3

13A. CEO and Chief Health Officer may delegate 4

(1) In this section — 5

departmental officer — 6

(a) means a public service officer employed in the 7

Department; and 8

(b) includes a public service officer appointed for 9

the purposes of, or to assist in the 10

administration of, an Act to which the Health 11

Legislation Administration Act 1984 applies 12

under section 4 of that Act; 13

employed in the Department includes seconded to 14

perform functions or services for, or duties in the 15

service of, the Department. 16

(2) The CEO may delegate to a departmental officer all or 17

any of the functions that the CEO has under this Act, 18

other than this power of delegation. 19

(3) The Chief Health Officer may delegate to a 20

departmental officer all or any of the functions that the 21

Chief Health Officer has under this Act, other than this 22

power of delegation. 23

(4) A delegation made under subsection (2) or (3) may 24

expressly authorise the delegate to further delegate the 25

function to another person. 26

(5) A delegation or subdelegation made under this section 27

must be in writing and signed by the delegator. 28

(6) A person performing a function that has been delegated 29

to the person under, or as authorised under, this section 30

is to be taken to do so in accordance with the terms of 31

the delegation unless the contrary is shown. 32



Part IV amended Division 4

s. 9

page 7

(7) Nothing in this section limits the ability of the CEO or 1

the Chief Health Officer to act through an officer or 2

agent. 3

4


Delete sections 27 to 34. 6


In section 39(1) and (2) delete “Executive Director, Personal 8

Health, Executive Director, Public Health” (each occurrence) 9

and insert: 10

11


13

Division 4 — Part IV amended 14

11. Part IV Division 6 deleted 15

Delete Part IV Division 6. 16

Division 5 — Part VI amended 17


(1) In section 173 delete the definition of relevant certifying 19

officer. 20

(2) In section 173: 21

(a) in the definition of authorised person delete 22

paragraph (a) and insert: 23

24

(a) an authorised officer; or 25

26



Division 5 Part VI amended

s. 13

page 8

(b) in the definition of public building delete “hospital;” 1

and insert: 2

3

hospital. 4

5


(1) In section 179(6) delete “the relevant certifying officer to which 7

is attached a copy of a direction given under subsection (2) or 8

subsection (3)(c) or (d)” and insert: 9

10

the authorised person who gave a direction under subsection (2) 11

or (3)(c) or (d), to which is attached a copy of the direction, 12

13


15

(7) Any statement made under subsection (6) before the 16

Public Health (Consequential Provisions) Act 2014 17

section 13 (section 13) comes into operation and that 18

would have been sufficient evidence in accordance 19

with subsection (6) (as that subsection existed 20

immediately before section 13 comes into operation) 21

continues to be sufficient evidence in accordance with 22

subsection (6) as if it had been made by the authorised 23

person who gave the direction to which the statement 24

relates. 25

26



Part VIIA amended

Division 6

s. 14

page 9

Division 6 — Part VIIA amended 1

Subdivision 1 — Part VIIA Division 1 amended 2


(1) Delete section 202(2)(a) and insert: 4

5

(a) one shall be the Chief Health Officer or a 6

medical practitioner nominated by the Chief 7

Health Officer; and 8

9

(2) In section 202(3) delete “Executive Director, Public Health, or 10

the medical officer” and insert: 11

12

Chief Health Officer, or the medical practitioner 13

14


In section 203(1): 16

(a) delete “Executive Director, Public Health,” 17

(1st occurrence) and insert: 18

19


21

(b) delete paragraph (b)(i) and insert: 22

23

(i) who is appointed as an analyst under the 24

Health Legislation Administration 25

Act 1984 section 6; or 26

27



Division 6 Part VIIA amended

s. 16

page 10

(c) in paragraph (b)(ii) delete “Executive Director, Public 1

Health,” and insert: 2

3


5

Subdivision 2 — Part VIIA Divisions 5, 6 and 7 amended 6



(a) delete “A medical officer” and insert: 9

10

A medical practitioner 11

12

(b) delete “a medical officer” and insert: 13

14

an authorised officer 15

16


(1) In section 226(1): 18

(a) delete “Executive Director, Public Health, may, at his” 19

and insert: 20

21

Chief Health Officer may, at the Chief Health Officer’s 22

23

(b) delete “Executive Director, Public Health,” 24

(2nd occurrence) and insert: 25

26


28



Part VIIA amended

Division 6

s. 18

page 11

(2) In section 226(2) and (3) delete “Executive Director, Public 1

Health,” (each occurrence) and insert: 2

3


5

Note: The heading to amended section 226 is to read: 6

Chief Health Officer may examine and report on advertised drugs 7

and appliances 8



(a) delete “A medical officer of health, environmental 11

health” and insert: 12

13

An authorised 14

15

(b) delete “Executive Director, Public Health,” and insert: 16

17


19



(a) delete “medical officer of health, or environmental 22

health” and insert: 23

24

authorised 25

26


28


30



Division 6 Part VIIA amended

s. 20

page 12

(c) delete “him” and insert: 1

2

the competent officer 3

4


Power of authorised officers in relation to drugs 6


(1) In section 234(1): 8

(a) delete “medical officer of health, environmental health” 9

and insert: 10

11

authorised 12

13


15


17

(2) In section 234(3): 18

(a) delete “Executive Director, Public Health,” and insert: 19

20


22

(b) delete “he” and insert: 23

24

the Chief Health Officer 25

26



Part VIIA amended

Division 6

s. 21

page 13


In section 235(1), (2), (3), (4) and (5) delete “Executive 2

Director, Public Health,” (each occurrence) and insert: 3

4


6


Drugs may be declared dangerous by Chief Health Officer 8


In section 237(1) delete “Executive Director, Public Health,” 10

and insert: 11

12


14


In section 238(4) and (6) delete “Executive Director, Public 16


18


20


In section 242(1) and (2) delete “Executive Director, Public 22

Health,” (each occurrence) and insert: 23

24


26



Division 6 Part VIIA Division 8 amended

s. 25

page 14


In section 243: 2

(a) delete “Executive Director, Public Health,” (1st, 2nd, 3rd 3

and 4th occurrences) and insert: 4

5


7

(b) delete “Executive Director, Public Health —” and insert: 8

9

Chief Health Officer — 10

11


In section 244 delete “Executive Director, Public Health,” and 13

insert: 14

15


17


Review of decision of Chief Health Officer 19



Delete section 246B(2)(a) and insert: 22

23

(a) one shall be the Chief Health Officer or a 24

medical practitioner nominated by the Chief 25


27



Part VIIA Division 9 amended

Division 6

s. 28

page 15


In section 246BA(a) delete “Executive Director, Public Health,” 2

(each occurrence) and insert: 3

4


6


In section 246C(1)(c), (d), (j), (k), (l), (m), (p) and (q) and (2) 8

delete “Executive Director, Public Health,” (each occurrence) 9

and insert: 10

11


13



In section 246D(1): 16

(a) in paragraph (k) delete “environmental health officer or 17

public health official” and insert: 18

19

authorised officer 20

21

(b) in paragraph (m) delete “Executive Director, Public 22


24


26

(c) in paragraph (o) delete “environmental health” and 27

insert: 28

29

authorised 30

31



Division 7 Part VIIIA amended

s. 31

page 16

Division 7 — Part VIIIA amended 1

31. Section 247AA inserted 2

At the beginning of Part VIIIA insert: 3

4

247AA. Terms used 5

In this Division — 6

Analytical Committee means the Local Health 7

Authorities Analytical Committee established by 8

section 247A(1); 9

member means a member of the Analytical Committee; 10

metropolitan area has the meaning given in the Local 11

Government Act 1995 section 1.4; 12

scheme means a scheme for the provision of analytical 13

services for use by local governments, operated by the 14

Analytical Committee under this Division; 15

WALGA has the meaning given in the Local 16

Government Act 1995 section 1.4. 17

18


Delete section 247A(3) to (7) and insert: 20

21

(3) The Analytical Committee is to consist of 10 members 22

appointed by the Minister, made up as follows — 23

(a) 7 members, who are to be persons nominated 24

by WALGA to represent local government 25

districts that are in the metropolitan area; 26

(b) 3 members, who are to be persons nominated 27

by WALGA to represent local government 28

districts that are not in the metropolitan area. 29



Part VIIIA amended

Division 7

s. 33

page 17

(4) The Minister is to appoint one of the members of the 1

Analytical Committee to be the Chairperson. 2

3

33. Section 247BA inserted 4

After section 247A insert: 5

6

247BA. Term of office and vacation of office 7

(1) The members hold office for a term of 3 years. 8

(2) A member ceases to hold office — 9

(a) at the expiry of the term for which he or she is 10

appointed, unless he or she — 11

(i) continues to hold office under 12

subsection (4); or 13

(ii) is reappointed; 14

or 15

(b) if he or she resigns by written notice given to 16

the Minister; or 17

(c) if he or she dies; or 18

(d) if his or her nomination as a member is 19

withdrawn by written notice given to the 20

Minister by WALGA; or 21

(e) if he or she is, according to the Interpretation 22

Act 1984 section 13D, a bankrupt or a person 23

whose affairs are under insolvency laws; or 24

(f) if the member’s appointment is terminated 25

under subsection (3). 26




s. 33

page 18

(3) The Minister may, by written notice given to a 1

member, terminate the appointment of the member — 2

(a) if, in the Minister’s opinion, the member is 3

unable to perform the functions of office 4

because of — 5

(i) illness; or 6

(ii) mental or physical incapacity impairing 7

the performance of his or her duties; or 8

(iii) absence from the State; 9

or 10

(b) if, in the Minister’s opinion, the member 11

misbehaves, neglects his or her duties or is 12

incompetent; or 13

(c) if the member is absent, without leave and 14

without reasonable excuse, from 3 consecutive 15

meetings of the Analytical Committee of which 16

the member had notice; or 17

(d) for any other act or omission, or any 18

circumstance arising, that, in the Minister’s 19

opinion, may adversely affect the functioning 20

of the Analytical Committee. 21

(4) Even though the term for which a member was 22

appointed has expired, the member continues in office 23

until he or she is reappointed or his or her successor 24

comes into office, unless he or she resigns or is 25

removed from office. 26

(5) However, a member cannot continue in office under 27

subsection (4) for longer than 3 months. 28

29



Part VIIIA amended

Division 7

s. 34

page 19


Delete section 247B(2) and insert: 2

3

(2) At any meeting of the Analytical Committee — 4

(a) 6 members constitute a quorum; and 5

(b) the Chairperson is to preside if he or she is 6

present, but in his or her absence — 7

(i) the members present are to elect one of 8

their number to preside at the meeting; 9

and 10

(ii) that member, while presiding, has all the 11

powers and duties of the Chairperson; 12

and 13

(c) each member present (including the member 14

presiding) has a deliberative vote; and 15

(d) a question arising is to be decided by a majority 16

of the votes of the members present, but if the 17

votes are equal the member presiding has a 18

casting vote. 19

(3A) A resolution in writing to which at least 6 members of 20

the Analytical Committee have each indicated their 21

agreement by signing it or assenting to it by letter, fax, 22

email or other written means has the same effect as if it 23

had been passed at a meeting of the Analytical 24

Committee. 25

(3B) A meeting of the Analytical Committee may be held — 26

(a) by a quorum of the members assembled 27

together at the time and place appointed for the 28

meeting; or 29




s. 35

page 20

(b) by telephone or audio visual or other electronic 1

means, as long as — 2

(i) all of the members who wish to 3

participate in the meeting have access to 4

the technology needed to participate in 5

the meeting; and 6

(ii) a quorum of members can 7

simultaneously communicate with each 8

other throughout the meeting. 9

10


(1) In section 247D(1) delete “the scheme for the time being 12

operated by the Analytical Committee under this Part,” and 13

insert: 14

15

a scheme, 16

17

(2) Delete section 247D(2) and insert: 18

19

(2) If the Chief Health Officer considers that a local 20

government that is not a participant in a scheme ought 21

to be a participant — 22

(a) the Chief Health Officer may, by written notice 23

served on the local government, direct it to 24

participate in the scheme; and 25

(b) on the service of the direction, the local 26

government is a participant in the scheme for 27

the purposes of this Division and, in particular, 28

for the purposes of subsection (4). 29

30



Part XIII amended

Division 8

s. 36

page 21

(3) In section 247D(3) delete “the scheme” and insert: 1

2

a scheme 3

4

(4) In section 247D(4) delete “operated by the Analytical 5

Committee under this Part”. 6

Division 8 — Part XIII amended 7


(1) In section 335(1): 9

(a) delete “she” and insert: 10

11

the midwife 12

13

(b) delete “her,” and insert: 14

15

the midwife, 16

17

(2) In section 335(5)(a) delete “he” and insert: 18

19

the medical practitioner 20

21

(3) In section 335(6)(c): 22

(a) delete “Executive Director, Public Health” and insert: 23

24


26

(b) delete “he” and insert: 27

28


30



Division 8 Part XIII amended

s. 37

page 22


(1) Delete section 336(2) and insert: 2

3

(2) On receiving the report, the Chief Health Officer must, 4

by notice in writing signed by the Chief Health 5

Officer — 6

(a) direct the investigator appointed under 7

Part XIIIA to inquire into the circumstances of 8

the death; and 9

(b) require the investigator to present to the 10

Chairperson of the Maternal Mortality 11

Committee appointed under that Part, within a 12

time specified in the notice, a full report of the 13

investigation made by the investigator. 14

15

(2) In section 336(3) delete “Chairman” and insert: 16

17

Chairperson 18

19

(3) In section 336(4): 20

(a) delete “him” and insert: 21

22

the investigator 23

24

(b) delete “Chairman” (each occurrence) and insert: 25

26

Chairperson 27

28



Part XIII amended

Division 8

s. 38

page 23


(1) Delete section 336A(2) and insert: 2

3

(2) On receiving the report, the Chief Health Officer must, 4

by notice in writing signed by the Chief Health 5

Officer — 6

(a) direct an investigator appointed under 7

Part XIIIB to enquire into the circumstances of 8

that stillbirth or death; and 9

(b) require the investigator to present to the 10

Chairperson of the Perinatal and Infant 11

Mortality Committee appointed under that Part, 12

within a time specified in the notice, a full 13

report of the investigation made by the 14

investigator. 15

(3A) Subsection (2) does not apply if the Chief Health 16

Officer is satisfied that the cause of death arose 17

from — 18

(a) a specific injury; or 19

(b) an illness that the Committee has directed does 20

not require further investigation. 21

22

(2) In section 336A(3) delete “Chairman” and insert: 23

24

Chairperson 25

26

(3) In section 336A(4): 27


29

the investigator 30

31



Division 8 Part XIII amended

s. 39

page 24


2

Chairperson 3

4


(1) In section 336B(2) delete “Executive Director, Public Health 6

that he” and insert: 7

8

Chief Health Officer that the medical practitioner 9

10

(2) Delete section 336B(3) and insert: 11

12

(3) On receiving a report made under subsection (1) or (2), 13

the Chief Health Officer must, by notice in writing 14

signed by the Chief Health Officer — 15

(a) direct an investigator appointed under 16

Part XIIIC to enquire into the circumstances of 17

the death; and 18

(b) require the investigator — 19

(i) if in the opinion of the investigator the 20

death is likely to have been due to 21

anaesthesia, to carry out the 22

investigation and present to the 23

Chairperson of the Anaesthetic 24

Mortality Committee appointed under 25

that Part, within a time specified in the 26

notice, a full report of the investigation 27

made by the investigator; or 28

(ii) if in the opinion of the investigator the 29

death was not likely to have been due to 30

anaesthesia, to report the investigator’s 31

finding to the Chief Health Officer. 32

33



Parts XIIIA to XIIIC amended Division 9

s. 40

page 25

(3) In section 336B(5) delete “Chairman” and insert: 1

2

Chairperson 3

4

(4) In section 336B(6): 5


7

the investigator 8

9


11

Chairperson 12

13

40. Sections 338 to 338C deleted 14

Delete sections 338 to 338C. 15

Division 9 — Parts XIIIA to XIIIC amended 16

Subdivision 1 — Part XIIIA amended 17


(1) In section 340A delete the definition of metropolitan area and 19

insert: 20

21



24



Division 9 Parts XIIIA to XIIIC amended

s. 42

page 26

(2) In section 340A in the definition of member delete “Chairman” 1

and insert: 2

3

Chairperson 4

5


Delete section 340B(2) to (4) and insert: 7

8

(2) The Committee is to consist of 9 members appointed 9

by the Minister, made up as follows — 10

(a) one is to be the Professor of Obstetrics at the 11

University of Western Australia, who is to be 12

Chairperson of the Committee; 13

(b) one is to be a medical practitioner specialising 14

in obstetrics, nominated by the Royal 15

Australian and New Zealand College of 16

Obstetricians and Gynaecologists 17

(W.A. Branch); 18

(c) 5 are to be medical practitioners, of whom — 19

(i) 2 are to be general medical practitioners 20

practising in the metropolitan area, 21

nominated by the Australian Medical 22

Association (WA) Incorporated; and 23

(ii) 2 are to be general medical practitioners 24

having not less than 5 years’ practice 25

outside the metropolitan area, 26

nominated by the Australian Medical 27

Association (WA) Incorporated; and 28

(iii) one is to be nominated by the Chief 29

Health Officer; 30

(d) 2 are to be midwives, nominated by the Chief 31

Health Officer. 32

33




s. 43

page 27


(1) In section 340C(1) delete “Chairman” and insert: 2

3

Chairperson 4

5

(2) In section 340C(2): 6

(a) delete “Chairman)” and insert: 7

8

Chairperson) 9

10

(b) after “he” (each occurrence) insert: 11

12

or she 13

14



17

(1) The bodies mentioned in section 340B(2)(b) and (c)(i) 18

and (ii) must nominate to the Minister, when the 19

Minister so requests, or when a vacancy occurs in 20

accordance with section 340F, one or more 21

appropriately qualified persons to become members of 22

the Committee. 23

24

(2) In section 340D(2): 25

(a) delete “section 340B(3) or (4)” and insert: 26

27

section 340B(2)(b) or (c)(i) or (ii) 28

29

(b) delete “permanent or provisional”; 30




s. 45

page 28

(c) delete “he” and insert: 1

2

the Minister 3

4

(3) In section 340D(3) delete “he” (each occurrence) and insert: 5

6

the Minister 7

8

45. Section 340E amended 9

(1) In section 340E(1): 10

(a) delete “permanent or provisional”; 11

(b) delete “Chairman)” and insert: 12

13

Chairperson) 14

15

(2) Delete section 340E(2) and (3) and insert: 16

17

(2) The term of tenure of office of the member referred to 18

in section 340B(2)(a) continues until terminated by the 19

Minister. 20

21

46. Section 340F replaced 22

Delete section 340F and insert: 23

24

340F. When office of member becomes vacant 25

(1) The office of a member of the Committee becomes 26

vacant if — 27

(a) he or she dies; or 28




s. 46

page 29

(b) he or she resigns by written notice given to the 1

Minister; or 2

(c) his or her term of office expires by effluxion of 3

time, unless he or she — 4




or 8

(d) the member’s appointment is terminated under 9


(e) in the case of the member referred to in 11

section 340B(2)(a), the Minister terminates the 12

term of tenure of his or her office; or 13

(f) he or she is, according to the Interpretation 14


whose affairs are under insolvency laws. 16



(a) if, in the opinion of the Minister, the member is 19


because of — 21

(i) illness; or 22




or 26

(b) if, in the opinion of the Minister, the member 27


incompetent; or 29






s. 47

page 30

meetings of the Committee of which the 1

member had notice. 2








10

47. Section 340G amended 11

(1) Delete section 340G(1) and (2) and insert: 12

13

(1) When a vacancy occurs in the office of a member of 14

the Committee, the Minister is to appoint a person to 15

fill the vacancy. 16

(2) If, under section 340B(2), a specified body has the 17

right to nominate that member, the Minister is not to 18

appoint a person unless he or she is nominated by the 19

appropriate body mentioned in that section, or unless 20

section 340D(3) applies to the office. 21

22

(2) In section 340G(3) after “he” insert: 23

24

or she 25

26




s. 48

page 31

48. Section 340H replaced 1

Delete section 340H and insert: 2

3

340H. Meetings and procedure of Committee 4

(1) The Committee is to hold the meetings that are 5

necessary for the performance of its functions. 6

(2) At any meeting of the Committee, 5 members of the 7

Committee or their respective deputies, including the 8

Chairperson or his or her deputy, constitute a quorum. 9

(3) A meeting of the Committee may be held — 10



meeting; or 13

(b) by telephone or audio-visual or other electronic 14





the meeting; and 19




(4) Subject to this section, the Committee may regulate its 23

own procedure in whatever manner it thinks fit. 24

(5) Nothing done by the Committee is invalid or defective 25

on the ground only that, when done, there was — 26

(a) a vacancy in the office of any member; or 27

(b) a defect in the appointment of any member or 28

any deputy of a member. 29

30




s. 49

page 32

49. Section 340I amended 1

In section 340I delete “Chairman” and insert: 2

3

Chairperson 4

5

50. Section 340K replaced 6

Delete section 340K and insert: 7

8

340K. Functions of Committee 9

(1) Whenever an investigator presents to the Chairperson 10

of the Committee a report under section 336, the 11

Chairperson — 12

(a) must consider the report; and 13

(b) having regard to the circumstances disclosed by 14

the report and the nature of the medical case 15

history of the deceased woman, may notify the 16

Chief Health Officer of the receipt of the report. 17

(2) On receiving a notification under subsection (1), the 18

Chief Health Officer must convene a meeting of the 19

Committee to be held within whatever period after the 20

receipt by the Chief Health Officer of the notification 21

the Chairperson of the Committee considers 22

appropriate. 23

(3) The Committee must consider the report of the 24

investigator, and for the purpose of assisting it in its 25

consideration may co-opt any medical practitioners, 26

nurses, midwives or other persons with specialised 27

knowledge the Committee thinks necessary. 28

(4) On its consideration of the report, the Committee must 29

determine whether in the opinion of the Committee the 30

death the subject of the report might have been 31




s. 50

page 33

avoided, and may add to its determination any 1

constructive comments the Committee considers 2

advisable for the future assistance and guidance of 3

medical practitioners, nurses and midwives. 4

(5) The determination of the Committee, including the 5

comments referred to in subsection (4) — 6

(a) must be notified in writing by the Chairperson 7

to — 8

(i) the medical practitioner (if any) who 9

was attending the woman at the time of 10

the occurrence of her death; and 11

(ii) the nurse or midwife (if any) who was 12

attending the woman at that time; 13

and 14

(b) may be notified in writing by the Chairperson 15

to any other medical practitioner, nurse or 16

midwife who attended the woman before the 17

occurrence of her death if the Committee 18

considers that that medical practitioner, nurse 19

or midwife should be informed of that 20

determination and those comments. 21

340LA. Further provisions relating to proceedings of 22

Committee 23

(1) As soon as practicable after the Committee has made a 24

determination under section 340K, the Chairperson 25

must forward to the Chief Health Officer all records, 26

reports, statements, memoranda and other documents 27

submitted to and considered by the Committee in 28

making that determination. 29

(2) The Chief Health Officer is to have the care and 30

control of those records, reports, statements, 31

memoranda and other documents, and is to keep them, 32

or cause them to be kept, in safe custody. 33




s. 51

page 34

(3) Except as provided by this Part and with the Chief 1

Health Officer’s permission in writing, the Chief 2

Health Officer must not permit any of those records, 3

reports, statements, memoranda or other documents to 4

be inspected. 5

(4) The Chairperson must forward to the Chief Health 6

Officer a summary of the cases investigated by the 7

investigator and considered by the Committee during 8

each year. 9

340LB. Contents of notification confidential 10

(1) The contents of a notification made under 11

section 340K(5) are not admissible in any court or 12

before any tribunal, board or person in any action, 13

cause or inquiry of any kind whatever. 14

(2) A person who exhibits, communicates or divulges in 15

whole or in part the contents of a notification made 16

under section 340K(5) to any person except for the 17

purposes of, and in accordance with, this Part commits 18

an offence. 19

20

51. Section 340L amended 21

(1) In section 340L(1) delete “the Medical School of The 22

University of Western Australia for use in the teaching of 23

medical” and insert: 24

25

any educational institution for use in the teaching of 26

27

(2) In section 340L(2) delete “medical students, nurses and trainee 28

nurses” and insert: 29

30

nurses, midwives and students of any educational institution 31

32




s. 52

page 35

52. Section 340M amended 1

(1) In section 340M(1) after “him” insert: 2

3

or her 4

5

(2) In section 340M(2): 6

(a) after “his” insert: 7

8

or her 9

10

(b) delete “practitioner” and insert: 11

12

practitioner, nurse or midwife 13

14

53. Section 340N deleted 15

Delete section 340N. 16

Subdivision 2 — Part XIIIB amended 17

54. Section 340AA amended 18

(1) In section 340AA delete the definition of metropolitan area and 19

insert: 20

21



24

(2) In section 340AA in the definition of member delete 25

“Chairman” and insert: 26

27

Chairperson 28

29




s. 55

page 36

55. Section 340AB amended 1

Delete section 340AB(2) to (5) and insert: 2

3


by the Minister. 5

(3) Of the persons appointed as members of the 6

Committee — 7

(a) one is to be the Professor of Obstetrics at the 8

University of Western Australia; and 9

(b) one is to be a medical practitioner specialising 10

in obstetrics, nominated by the Chief Health 11

Officer; and 12

(c) 2 are to be medical practitioners nominated by 13

the Hospital Board of King Edward Memorial 14

Hospital, of whom — 15

(i) one is to be a medical practitioner 16

specialising in neonatal paediatrics at 17

that hospital; and 18

(ii) one is to be a medical practitioner 19

specialising in obstetrics at that hospital; 20

and 21

(d) one is to be a medical practitioner specialising 22

in neonatal paediatrics at Princess Margaret 23

Hospital for Children, nominated by the 24

Hospital Board of that hospital; and 25

(e) one is to be a medical practitioner specialising 26

in obstetrics and perinatal care, nominated by 27

the Royal Australian and New Zealand College 28

of Obstetricians and Gynaecologists (W.A. 29

Branch); and 30




s. 56

page 37

(f) 3 are to be general medical practitioners (one of 1

whom practises outside the metropolitan area), 2

of whom — 3

(i) one is to be nominated by the Australian 4

Medical Association (WA) 5

Incorporated; and 6

(ii) one is to be nominated by the Royal 7

Australian College of General 8

Practitioners; and 9

(iii) one is to be nominated by the Chief 10

Health Officer; 11

and 12

(g) one is to be a medical practitioner specialising 13

in clinical epidemiology, nominated by the 14

Chief Health Officer; and 15

(h) one is to be a medical practitioner specialising 16

in perinatal pathology, nominated by the Chief 17


(i) one is to be a midwife in clinical practice, 19

nominated by the Chief Health Officer; and 20

(j) one is to be a nurse specialising in neonatal 21

paediatrics, nominated by the Chief Health 22

Officer. 23

(4) The Chairperson of the Committee is to be appointed 24

by the Minister from among the members of the 25

Committee. 26

27

56. Section 340AC amended 28

(1) In section 340AC(1) delete “Chairman” and insert: 29

30

Chairperson 31

32




s. 57

page 38

(2) In section 340AC(2) after “he” (each occurrence) insert: 1

2

or she 3

4

57. Section 340AD amended 5

(1) Delete section 340AD(1) and insert: 6

7

(1) The bodies mentioned in section 340AB(3) must 8

nominate to the Minister, when he or she so requests, 9

or when a vacancy occurs in accordance with 10

section 340AF, one or more appropriately qualified 11

persons to become members of the Committee. 12

13

(2) In section 340AD(2): 14

(a) delete “section 340AB(3) or (4)” and insert: 15

16

section 340AB(3) 17

18


(c) delete “he” and insert: 20

21

the Minister 22

23

(3) In section 340AD(3) delete “he” (each occurrence) and insert: 24

25

the Minister 26

27

58. Section 340AE amended 28

(1) In section 340AE(1) delete “permanent or provisional”. 29




s. 59

page 39

(2) Delete section 340AE(2) and insert: 1

2

(2) The Chairperson holds that office at the pleasure of the 3

Minister. 4

5

59. Section 340AF replaced 6

Delete section 340AF and insert: 7

8

340AF. When office of member becomes vacant 9


vacant if — 11



Minister; or 14






or 20



(e) in the case of the Chairperson, the Minister 23

terminates the term of tenure of his or her 24

office; or 25







s. 60

page 40





because of — 5

(i) illness; or 6




or 10



incompetent; or 13












25

60. Section 340AG amended 26

(1) Delete section 340AG(1) and (2) and insert: 27

28







s. 61

page 41

(2) If, under section 340AB(3), a specified body has the 1




section 340AD(3) applies to the office. 5

6

(2) In section 340AG(3) after “he” insert: 7

8

or she 9

10

61. Section 340AH replaced 11

Delete section 340AH and insert: 12

13

340AH. Meetings and procedure of Committee 14




Committee or their respective deputies, of whom one is 18

to be the Chairperson or his or her deputy, constitute a 19

quorum. 20




meeting; or 24






the meeting; and 30




s. 62

page 42











11

62. Section 340AI amended 12

In section 340AI delete “Chairman” and insert: 13

14

Chairperson 15

16

63. Section 340AJ amended 17

(1) Delete section 340AJ(2) and insert: 18

19

(2) The following provisions apply to the appointment of 20

investigators under subsection (1) — 21

(a) if one investigator is appointed, he or she must 22

be a specialist in obstetrics or neonatal 23

paediatrics; 24

(b) if 2 investigators are appointed, both of them 25

must be specialists in obstetrics or neonatal 26

paediatrics; 27

(c) if 3 or 4 investigators are appointed, 2 of them 28

must be specialists in obstetrics or neonatal 29

paediatrics. 30

31




s. 64

page 43

(2) In section 340AJ(3) after “his” insert: 1

2

or her 3

4

64. Section 340AK replaced 5

Delete section 340AK and insert: 6

7

340AK. Functions of Committee 8


of the Committee a report under section 336A, the 10

Chairperson — 11




history of the stillborn or deceased child, may 15

notify the Chief Health Officer of the receipt of 16

the report. 17






appropriate. 23




nurses, midwives or other persons with specialised 27

knowledge the Committee thinks necessary. 28



stillbirth or death the subject of the report might have 31




s. 64

page 44

been avoided, and may add to its determination any 1



medical practitioners, nurses and midwives. 4




to — 8

(i) the medical practitioner (if any) who 9

was attending the child concerned at the 10

time of the occurrence of the stillbirth or 11

death investigated under section 336A; 12

and 13


attending the child concerned at that 15

time; 16

and 17


to any other medical practitioner, nurse or 19

midwife who attended the child concerned or 20

his or her mother or both before the occurrence 21

of the stillbirth or death if the Committee 22

considers that that medical practitioner, nurse 23

or midwife should be informed of that 24


340ALA. Further provisions relating to proceedings of 26

Committee 27


determination under section 340AK, the Chairperson 29








s. 65

page 45









be inspected. 9



investigators and considered by the Committee during 12

each year. 13

340ALB. Contents of notification confidential 14


section 340AK(5) are not admissible in any court or 16





under section 340AK(5) to any person except for the 21


an offence. 23

24

65. Section 340AL amended 25

(1) In section 340AL(1) delete “the Medical School of The 26

University of Western Australia for use in the teaching of 27

medical” and insert: 28

29


31




s. 66

page 46

(2) In section 340AL(1a) delete “Executive Director, Public 1


3


5

(3) In section 340AL(1b): 6

(a) delete “Executive Director, Public Health, may, if he” 7

and insert: 8

9

Chief Health Officer may, if he or she 10

11

(b) after “him” insert: 12

13

or her 14

15

(c) after “his” insert: 16

17

or her 18

19

(4) In section 340AL(1c) after “him” insert: 20

21

or her 22

23

(5) In section 340AL(2) delete “medical students, nurses and 24

trainee nurses” and insert: 25

26

nurses, midwives and students of any educational institution 27

28




s. 66

page 47

66. Section 340AM amended 1

(1) In section 340AM(1) after “him” insert: 2

3

or her 4

5

(2) In section 340AM(2): 6


8

or her 9

10

(b) delete “practitioner” and insert: 11

12

practitioner, nurse or midwife 13

14

67. Section 340AN deleted 15

Delete section 340AN. 16

Subdivision 3 — Part XIIIC amended 17


(1) In section 340BA delete the definition of metropolitan area and 19

insert: 20

21



24

(2) In section 340BA in the definition of member delete 25

“Chairman” and insert: 26

27

Chairperson 28

29




s. 69

page 48

69. Section 340BB amended 1

Delete section 340BB(2) to (4) and insert: 2

3


by the Minister. 5

(3) Of the persons appointed as members of the 6

Committee — 7

(a) one is to be nominated by the State Branch of 8

the Australian and New Zealand College of 9

Anaesthetists, and that person is the 10

Chairperson of the Committee; and 11

(b) one is to be the Professor of Anaesthesia at the 12

University of Western Australia; and 13

(c) one is to be a medical practitioner specialising 14

in anaesthetics, nominated by the State Branch 15

of the Australian and New Zealand College of 16

Anaesthetists; and 17

(d) one is to be a medical practitioner specialising 18

in anaesthetics, nominated by the Australian 19

Medical Association (WA) Incorporated; and 20

(e) one is to be a medical practitioner specialising 21

in obstetrics and gynaecology, nominated by 22

the Royal Australian and New Zealand College 23

of Obstetricians and Gynaecologists (W.A. 24

Branch); and 25

(f) 2 are to be general medical practitioners with at 26

least 5 years’ experience and special interest in 27

anaesthesia, nominated by the State Branch of 28

the Royal Australian College of General 29

Practitioners, of whom one practices within the 30

metropolitan area and one outside that area; and 31

(g) one is to be a medical practitioner specialising 32

in surgery, nominated by the State Branch of 33




s. 70

page 49

the Royal Australasian College of Surgeons; 1

and 2

(h) one is to be a medical practitioner, nominated 3

by the Chief Health Officer; and 4

(i) one is to be a midwife having not less than 5

5 years’ experience in, and currently practising, 6

midwifery, nominated by the Chief Health 7

Officer; and 8

(j) one is to be a dental practitioner, nominated by 9

the State Branch of the Australian Dental 10

Association; and 11

(k) one is to be the Professor of Clinical 12

Pharmacology at the University of Western 13

Australia. 14

15

70. Section 340BC amended 16

(1) In section 340BC(1) delete “Chairman” and insert: 17

18

Chairperson 19

20

(2) In section 340BC(2) after “he” (each occurrence) insert: 21

22

or she 23

24

71. Section 340BD amended 25

(1) Delete section 340BD(1) and insert: 26

27

(1) The bodies mentioned in section 340BB(3) must 28

nominate to the Minister, when he or she so requests, 29

or when a vacancy occurs in accordance with 30




s. 72

page 50

section 340BF, one or more appropriately qualified 1

persons to become members of the Committee. 2

3

(2) In section 340BD(2): 4

(a) delete “section 340BB(3) or (4)” and insert: 5

6

section 340BB(3) 7

8


(c) after “he” insert: 10

11

or she 12

13

(3) In section 340BD(3) after “he” (each occurrence) insert: 14

15

or she 16

17

72. Section 340BE amended 18

(1) In section 340BE(1): 19

(a) delete “permanent or provisional”; 20


22

Chairperson 23

24

(2) Delete section 340BE(2). 25




s. 73

page 51

73. Section 340BF replaced 1

Delete section 340BF and insert: 2

3

340BF. When office of member becomes vacant 4


vacant if — 6



Minister; or 9






or 15



(e) in the case of the member referred to in 18

section 340BB(3)(a), the Minister terminates 19

the term of tenure of his or her office; or 20








because of — 28

(i) illness; or 29






s. 74

page 52


or 2



incompetent; or 5












17

74. Section 340BG amended 18

(1) Delete section 340BG(1) and (2) and insert: 19

20




(2) If, under section 340BB(3), a specified body has the 24




section 340BD(3) applies to the office. 28

29




s. 75

page 53

(2) In section 340BG(3) after “he” insert: 1

2

or she 3

4

75. Section 340BH replaced 5

Delete section 340BH and insert: 6

7

340BH. Meetings and procedure of Committee 8




Committee or their respective deputies, of whom one is 12

to be the Chairperson or his or her deputy, constitute a 13

quorum. 14




meeting; or 18






the meeting; and 24









s. 76

page 54






6

76. Section 340BI amended 7

In section 340BI delete “Chairman” and insert: 8

9

Chairperson 10

11

77. Section 340BJ amended 12

In section 340BJ(3) after “his” insert: 13

14

or her 15

16

78. Section 340BK replaced 17

Delete section 340BK and insert: 18

19

340BK. Functions of Committee 20


of the Committee a report under section 336B, the 22

Chairperson — 23




history of the deceased, may notify the Chief 27

Health Officer of the receipt of the report. 28




s. 78

page 55






appropriate. 6




dental practitioners, nurses, midwives or other persons 10

with specialised knowledge the Committee thinks 11

necessary. 12



death the subject of the report might have been 15

avoided, and may add to its determination any 16



medical practitioners, dental practitioners, nurses and 19

midwives. 20




to — 24

(i) the medical practitioner or dental 25

practitioner, or each medical 26

practitioner or dental practitioner, (if 27

any) who was attending the deceased at 28

the time of the occurrence of the death; 29

and 30


attending the deceased at that time; 32

and 33




s. 78

page 56


to any other medical practitioner, dental 2

practitioner, nurse or midwife who attended the 3

deceased before the occurrence of the death if 4

the Committee considers that that medical 5

practitioner, dental practitioner, nurse or 6

midwife should be informed of that 7


340BLA. Further provisions relating to proceedings of 9

Committee 10


determination under section 340BK, the Chairperson 12













be inspected. 25



investigator and considered by the Committee during 28

each year. 29

340BLB. Contents of notification confidential 30


section 340BK(5) are not admissible in any court or 32




s. 79

page 57





under section 340BK(5) to any person except for the 5


an offence. 7

8

79. Section 340BL amended 9

(1) In section 340BL(1) delete “the Medical School or the School 10

of Dental Science of The University of Western Australia for 11

use in the teaching of medical or dental” and insert: 12

13


15

(2) In section 340BL(2) delete “medical students, dental 16

practitioners, dental students, nurses, trainee nurses and others” 17

and insert: 18

19

dental practitioners, nurses, midwives and students of any 20

educational institution 21

22

80. Section 340BM amended 23

(1) In section 340BM(1) after “him” insert: 24

25

or her 26

27

(2) In section 340BM(2): 28


30

or her 31

32



Division 10 Parts XIV and XV and Schedules amended

s. 81

page 58

(b) delete “practitioner or dental practitioner, or both,” and 1

insert: 2

3

practitioner, dental practitioner, nurse or midwife, or any 4

of them, 5

6

81. Section 340BN deleted 7

Delete section 340BN. 8

Division 10 — Parts XIV and XV and Schedules amended 9



(a) after “The CEO” insert: 12

13

or the Chief Health Officer 14

15

(b) delete “CEO.” and insert: 16

17

CEO or the Chief Health Officer. 18

19


(1) In section 342(1): 21

(a) in paragraph (a) delete “Executive Director, Public 22

Health” and insert: 23

24


26

(b) in paragraph (b) delete “CEO or the Executive Director, 27

Public Health” and insert: 28

29


31



Parts XIV and XV and Schedules amended

Division 10

s. 84

page 59

(2) In section 342(2) delete “CEO or the Executive Director, Public 1

Health.” and insert: 2

3

Chief Health Officer. 4

5

(3) In section 342(4) delete “CEO or the Executive Director, Public 6

Health” and insert: 7

8


10


In section 344(1)(b) delete “Executive Director, Public Health” 12

and insert: 13

14


16


(1) In section 344A(2) delete “The Executive Director, Public 18

Health, the Executive Director, Personal Health, or the CEO” 19

and insert: 20

21

The CEO or the Chief Health Officer 22

23

(2) Delete section 344A(3) and insert: 24

25

(3) If any standard, rule, code or other provision is adopted 26

under subsection (1), the relevant local government (in 27

the case of adoption by a local law) or the Chief Health 28

Officer (in the case of adoption by any regulations) 29

must ensure that a copy of the standard, rule, code or 30

other provision (as amended, if applicable) is available 31




s. 86

page 60

for public inspection, without charge, during normal 1

office hours at a place prescribed by regulation. 2

3


In section 344B: 5

(a) delete “CEO of Health” (first occurrence) and insert: 6

7

CEO or the Chief Health Officer 8

9

(b) delete “CEO of Health,” and insert: 10

11

CEO or the Chief Health Officer, 12

13


In section 349(1) delete “The CEO, the Executive Director, 15

Personal Health, the Executive Director, Public Health and all 16

public health officials, and the local government and its 17

officers,” and insert: 18

19

Authorised officers 20

21


(1) In section 351(1) delete “CEO, the Executive Director, Personal 23

Health, the Executive Director, Public Health or any member of 24

any local government,” and insert: 25

26

CEO, the Chief Health Officer, any authorised officer, 27

28




Division 10

s. 89

page 61

(2) In section 351(2) and (5) delete “Executive Director, Personal 1

Health, the Executive Director, Public Health” and insert: 2

3

Chief Health Officer, an authorised officer 4

5


In section 357 delete “Executive Director, Personal Health, the 7

Executive Director, Public Health or the local government, as 8

the case requires,” and insert: 9

10

Chief Health Officer or the local government 11

12



(a) delete “Executive Director, Personal Health, Executive 15

Director, Public Health” and insert: 16

17


19

(b) delete “a public health official or”. 20


In section 365(1) delete “Executive Director, Personal Health, 22

the Executive Director, Public Health” (each occurrence) and 23

insert: 24

25


27




s. 92

page 62


(1) In section 366(1): 2

(a) delete “No CEO, Executive Director, Personal Health, 3

Executive Director, Public Health or public health 4

official,” and insert: 5

6

No CEO or Chief Health Officer, 7

8

(b) delete “he,” and insert: 9

10

he or she, 11

12

(2) In section 366(2): 13

(a) delete “any such CEO, Executive Director, Personal 14

Health, Executive Director, Public Health, official, 15

member, or person, is so concerned or interested, or if 16

any such CEO, Executive Director, Personal Health, 17

Executive Director, Public Health, official, member,” 18

and insert: 19

20

the CEO, the Chief Health Officer or any member or 21

person is concerned or interested in the circumstances 22

referred to in subsection (1), or if the CEO, the Chief 23

Health Officer or any member 24

25

(b) after “his” (each occurrence) insert: 26

27

or her 28

29

(c) after “he” insert: 30

31

or she 32

33




Division 10

s. 93

page 63


In section 376: 2

(a) delete “Executive Officer, Personal Health or the 3

Executive Officer, Public Health” and insert: 4

5


7

(b) delete “CEO,” and insert: 8

9

CEO or the Chief Health Officer, 10

11


(1) In section 377(1) delete “Executive Director, Personal Health, 13

the Executive Director, Public Health,” and insert: 14

15

Chief Health Officer, 16

17

(2) In section 377(2) delete “Executive Director, Personal Health, 18

the Executive Director, Public Health,” and insert: 19

20


22

(3) In section 377(4) delete “public health official” and insert: 23

24


26




s. 95

page 64

95. Section 379 inserted 1

At the end of Part XV insert: 2

3

379. Transitional provisions for Public Health 4

(Consequential Provisions) Act 2014 5

Schedule 6 sets out transitional provisions. 6

7


In Schedule 5 Part IV delete “340M(1) and (2), 340AK(5b), 9

340AM(1) and (2),” and insert: 10

11

340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 12

340BLB(2), 13

14

97. Schedule 6 inserted 15

After Schedule 5 insert: 16

17

Schedule 6 — Transitional provisions for Public 18

Health (Consequential Provisions) Act 2014 19

[s. 379] 20

1. References to Health Act 1911 may be taken to be 21

references to Health (Miscellaneous Provisions) Act 1911 22

(1) A reference in a document (other than a written law) to the 23

Health Act 1911 may be taken to be a reference to the 24

Health (Miscellaneous Provisions) Act 1911 if it would be 25

appropriate in the context to do so. 26

(2) This clause does not prejudice or affect the application of 27

the Interpretation Act 1984 section 16(1). 28




Division 10

s. 97

page 65

2. Continuing effect of things done by Executive Director, 1

Public Health and Executive Director, Personal Health 2

A thing done or omitted to be done by, to or in relation to 3

the Executive Director, Public Health or the Executive 4

Director, Personal Health before the day on which the 5

Public Health (Consequential Provisions) Act 2014 6

section 95 comes into operation (the commencement day), 7

whether under this Act or any other written law, has the 8

same effect on and from the commencement day, to the 9

extent that it has any force or significance on or after the 10

commencement day, as if it had been done or omitted by, to 11

or in relation to the Chief Health Officer. 12

3. References to former titles 13

(1) A reference in a written law or document to the Executive 14

Director, Public Health or the Executive Director, Personal 15

Health may, if the context permits, be taken to be a 16

reference to the Chief Health Officer. 17

(2) A reference in a written law or document to an 18

environmental health officer, medical officer or public 19

health official may, if the context permits, be taken to be a 20

reference to an authorised officer. 21

4. Transitional provisions for Local Health Authorities 22

Analytical Committee 23

Despite sections 247A(3) and 247BA(1), the members of 24

the Local Health Authorities Analytical Committee who 25

held office immediately before the day on which the Public 26

Health (Consequential Provisions) Act 2014 section 32 27

comes into operation (the commencement day) continue in 28

office, under and subject to Part VIIIA, as members of that 29

Committee — 30

(a) in the case of the members appointed under 31

section 247A(3)(a) (as that subsection was in force 32

immediately before the commencement day) — 33

(i) as if they had been appointed by the 34

Minister on the nomination of WALGA; 35

and 36




s. 97

page 66

(ii) each with a term of office of 3 years 1

beginning on the commencement day; 2

and 3

(b) in the case of the members appointed under 4

section 247A(3)(b) or (c) (as that subsection was in 5

force immediately before the commencement 6

day) — 7

(i) as if they had been appointed by the 8

Minister on the nomination of WALGA; 9

and 10

(ii) each with a term of office beginning on the 11

commencement day that is the balance of 12

the member’s term of office remaining 13

immediately before the commencement 14

day. 15

5. Transitional provisions for Maternal Mortality 16

Committee, Perinatal and Infant Mortality Committee 17

and Anaesthetic Mortality Committee 18

(1) The persons who held office under Part XIIIA as permanent 19

or provisional members of the Maternal Mortality 20

Committee, or as deputies of members of that Committee, 21

immediately before the coming into operation of the Public 22

Health (Consequential Provisions) Act 2014 section 42 — 23

(a) continue in office, under and subject to Part XIIIA, 24

as members or, as the case requires, deputies of 25

members of that Committee until the expiry of their 26

respective terms (if any); and 27

(b) in the case of those persons who held office as 28

permanent or provisional members, continue in 29

office without distinction as to whether they were 30

appointed as permanent or provisional members. 31

(2) The persons who held office under Part XIIIB as permanent 32

or provisional members of the Perinatal and Infant Mortality 33




General amendments Division 11

s. 98

page 67



(a) continue in office, under and subject to Part XIIIB, 3








(3) The persons who held office under Part XIIIC as permanent 11

or provisional members of the Anaesthetic Mortality 12




(a) continue in office, under and subject to Part XIIIC, 16








24

Division 11 — General amendments 25

98. Other provisions amended 26

Amend the provisions listed in the Table as set out in the Table. 27

Table 28

Provision Delete Insert

Pt. II Div. 1 heading Minister, CEO

and officers of

Public Health

Minister, CEO

and Chief Health

Officer



Division 11 General amendments

s. 98

page 68


s. 13 public health official authorised officer

s. 15(2) may, if there is no medical officer, be signed by any legally qualified medical practitioner, and shall for all such purposes be as effectual as if signed by a medical officer

may be signed by any medical practitioner

s. 131(1) any medical officer of health or of any 2 legally qualified medical practitioners

the Chief Health Officer

s. 145(1) medical officer of health

environmental health officer

authorised officer

authorised officer

s. 145(2) its medical officer of health

an authorised officer

s. 152 medical officer of health

Chief Health Officer

s. 156 medical officer Chief Health Officer

s. 157(2) environmental health officer

authorised officer

s. 181 environmental health officer

authorised officer




s. 98

page 69


s. 183 environmental health officer

authorised officer


authorised officer


authorised officer

s. 246B(3) officer practitioner

s. 251 public health official authorised officer

s. 251(5) medical officer (each occurrence)

medical practitioner

s. 252 environmental health authorised

s. 253 public health official

environmental health

authorised officer

authorised

s. 257 medical officer of health or environmental health

authorised

s. 257(2) and (3) medical officer of health

authorised officer

s. 258 medical officer of health, or any environmental health

authorised

s. 262(3) the medical officer of health or an environmental health

an authorised




s. 98

page 70


s. 263 a medical officer of health


s. 263(1) and (2) medical officer of health


s. 265(1) environmental health authorised

s. 267(1)(c) a medical officer of health or an environmental health

an authorised

s. 268(a) a medical an authorised

s. 273(2) officer or any 2 legally qualified medical practitioners

practitioner

s. 277(1)(b) an environmental health

the environmental health

an authorised

the authorised

s. 277(3) environmental health(each occurrence)

authorised

s. 280(2) the medical officer of health

an authorised officer

s. 280(3) a medical officer of health


s. 283 officer of health authorised officer




s. 98

page 71


s. 285(1) some legally qualified

a

s. 285(2) any medical officer

the medical officer

any medical practitioner

a medical practitioner

s. 289C(d) medical officer,

s. 290 def. of approved medical

officer

medical officer medical practitioner

s. 294(1)(a) or an approved medical officer

or the approved medical officer

s. 294(2) or an approved medical officer,

s. 294(6)(a) or an approved medical officer




s. 98

page 72


s. 307(1) medical officer of health or any 2 medical practitioners said officer or practitioners shall have or their and the examination is to be by 2 medical practitioners, one of such practitioners

medical practitioner medical practitioner so authorised has or her the practitioner

s. 309(2), (3) and (4) medical officer (each occurrence)


s. 316 officer of public health

authorised officer

s. 335(1) and to the medical officer of health of the district in which she practises

s. 335(2) and to the medical officer of health

s. 335(4) medical officer of health


s. 337(1) and (3) medical officer (each occurrence)





s. 99

page 73


s. 337(4) medical officer (1st occurrence)

such officer

officer or nurse or of the medical officer of health of the local government


the medical practitioner

medical practitioner or nurse

s. 352(1) and (2) environmental health authorised

s. 358(2) environmental health authorised

s. 375 public health official or officer of the local government

authorised officer

Notes: 1

1. The heading to amended section 145 is to read: 2

Authorised officer may order house or things to be cleansed 3


Duty of police officers and authorised officers 5

99. Various references to “Executive Director, Public Health” 6

and “Executive Director, Personal Health” amended 7

In the provisions listed in the Table: 8

(a) delete “Executive Director, Public Health” (each 9

occurrence) and insert: 10

11


13




s. 99

page 74

(b) delete “Executive Director, Personal Health” (each 1


3


5

Table 6

s. 13 s. 14

s. 15(1) s. 16

s. 17 s. 22(1)

s. 35(1), (2), (3) and (4) s. 38

s. 49(2) s. 55(1), (5) and (6)

s. 57(1) s. 59

s. 70 s. 87

s. 90 s. 96

s. 97(1) and (2) s. 106(7)

s. 107(2)(b) s. 112(1) and (3)

s. 116(a) s. 119

s. 120(1), (3) and (4) s. 121(1) and (2)

s. 122(1), (3), (5) and (6) s. 123

s. 131(1) and (3) s. 135(1)

s. 173 def. of authorised person par. (c)

s. 173 def. of relevant certifying

officer par. (c)




s. 99

page 75

s. 184(1) s. 194

s. 196(3) and (4) s. 246B(3)

s. 247D(3) s. 250

s. 251 s. 252

s. 253 s. 254

s. 255 s. 256(1) and (2)

s. 258 s. 259

s. 261 s. 272

s. 273(2), (3) and (4) s. 276(1), (2) and (3)

s. 276A(4) s. 277(1)(c) and (3)

s. 278(1) s. 280(1)

s. 282(1) and (2) s. 284

s. 286 s. 287(1) and (2)

s. 288 s. 289

s. 289C(d) s. 290 def. of approved medical

officer

s. 292 s. 293

s. 293A(1), (2) and (3) s. 294(1)(a), (2), (6)(a) and (8)(a)

s. 295 s. 300(1), (2) and (3)




s. 99

page 76

s. 300A(1)(b) and (2) s. 306(2)

s. 307(1), (2), (3), (4) and (5) s. 309(2), (3) and (4)

s. 311(2) s. 313(6)

s. 314(2) s. 335(1), (2), (5)(a), (b), (c) and (d) and (6)(d) and (e)

s. 336(1) s. 336A(1)

s. 336B(1) and (4) s. 337(1), (2) and (3)

s. 340(2) s. 367(1)

s. 369(1)(c)

Note: The headings to the amended sections listed in the Table are to read 1

as set out in the Table. 2

Table 3

Amended section Section heading

s. 15 Power of Chief Health Officer to act in emergencies

s. 16 Chief Health Officer may act where no local government

s. 254 Chief Health Officer may delegate certain powers

s. 272 Work to be done to satisfaction of Chief Health Officer

s. 282 Local governments to give effect to order of Chief Health Officer

s. 286 Local government to report epidemic disease and other matters to Chief Health Officer

s. 295 Chief Health Officer may order discharge of declared patient

s. 336 Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer




s. 99

page 77

Amended section Section heading

s. 336A Certain deaths of children to be reported to Chief Health Officer

s. 336B Death of persons under anaesthetic to be reported to Chief Health Officer


Part 3 Amendments to other Acts and repeals

Division 1 Amendments resulting from renaming of Health Act 1911

s. 100

page 78

Part 3 — Amendments to other Acts and repeals 1

Division 1 — Amendments resulting from renaming of 2

Health Act 1911 3

100. Various references to “Health Act 1911” amended 4

(1) This section amends the Acts listed in the Table. 5

(2) In the provisions listed in the Table delete “Health Act 1911” 6


8

Health (Miscellaneous Provisions) Act 1911 9

10

Table 11

Children’s Court of Western

Australia Act 1988

s. 20(1)(d) and 36AA(2) def. of health department officer

Country Areas Water Supply

Act 1947 s. 12

Equal Opportunity Act 1984 s. 66U(3)

Gaming and Wagering

Commission Act 1987 s. 55(3)(a)

Health Services (Quality

Improvement) Act 1994 s. 14(1)(c), (3)(a) and (4)

Housing Act 1980 s. 5(1) def. of local government

Liquor Control Act 1988 s. 39(2)(a)(i), 69(8)(a) and 95(4)(f)(iii)


Amendments to other Acts and repeals Part 3

Amendments resulting from renaming of Health Act 1911 Division 1

s. 100

page 79

Metropolitan Water Supply,

Sewerage, and Drainage

Act 1909

s. 17(2)

Misuse of Drugs Act 1981 s. 3(1) def. of analyst

Rates and Charges (Rebates and

Deferments) Act 1992 s. 3(1) def. of prescribed charge par. (b)(iii)

Road Safety Council Act 2002 s. 6(1)(h)

Road Traffic Act 1974 s. 70(7) def. of technologist par. (a)

Sentencing Act 1995 Sch. 1

Swan and Canning Rivers

Management Act 2006 Sch. 5 it. 1(i)

Veterinary Chemical Control

and Animal Feeding Stuffs

Act 1976

s. 9

Water Services Act 2012 s. 33(2), 214(1) def. of information sharing agency par. (e) and 216(2)

Waterways Conservation

Act 1976 s. 5(2)(b)

Note: In the Water Services Act 2012 the heading to amended section 216 is 1

to read: 2

Relationship of this Act to Rights in Water and Irrigation Act 1914 3

and Health (Miscellaneous Provisions) Act 1911 4



Division 2 Amendments resulting from abolition of Executive Director, Public Health

s. 101

page 80

Division 2 — Amendments resulting from abolition of 1



(1) This section amends the Acts listed in the Table. 4

(2) In the provisions listed in the Table delete the definition of 5

Executive Director. 6

Table 7

Fluoridation of Public Water

Supplies Act 1966 s. 4

Human Tissue and Transplant

Act 1982 s. 3(1)

Radiation Safety Act 1975 s. 4

(3) In the provisions listed in the Table insert in alphabetical order: 8

9



12

Table 13


Supplies Act 1966 s. 4


Act 1982 s. 3(1)

Radiation Safety Act 1975 s. 4



Anatomy Act 1930 amended Division 3

s. 102

page 81

(4) In the provisions listed in the Table delete “Executive Director” 1


3


5

Table 6


Supplies Act 1966 s. 5(2)(a) and (4)


Act 1982 s. 3(4), 4(2), (4), (4a) and (5), 5(4) and (5), 24(2), 32A(1), 32B(1), (2), (4)(a), (5) and (6)

Radiation Safety Act 1975 s. 4 def. of authorised officer, 7(1), 13(2)(a) and (3), 16(7) and (8), 42(3) and (4), 55(1), (2) and (3)

Division 3 — Anatomy Act 1930 amended 7

102. Act amended 8

This Division amends the Anatomy Act 1930. 9


(1) In section 2 delete the definition of Executive Director. 11

(2) In section 2 insert in alphabetical order: 12

13



16



Division 4 Biosecurity and Agriculture Management Act 2007 amended

s. 104

page 82


In the provisions listed in the Table delete “Executive Director” 2


4


6

Table 7

s. 2 def. of inspector s. 3

s. 5(1) s. 6

s. 7 s. 10A(1), (2) and (3)

s. 12 s. 14

s. 16 s. 17

s. 18 proviso par. (b) s. 22(3)(a) and (c)

Notes: 8


Chief Health Officer to make returns 10


Documents to be sent to Chief Health Officer 12

Division 4 — Biosecurity and Agriculture Management 13

Act 2007 amended 14

105. Act amended 15

This Division amends the Biosecurity and Agriculture 16

Management Act 2007. 17



Blood Donation (Limitation of Liability) Act 1985 amended Division 5

s. 106

page 83


Delete section 4(2)(f) and insert: 2

3

(f) the Health (Miscellaneous Provisions) 4

Act 1911; 5

(ga) the Food Act 2008; 6

7


In section 184(1) in the definition of information sharing 9

agency: 10

(a) in paragraph (b) delete “Health Act 1911;” and insert: 11

12

Health (Miscellaneous Provisions) Act 1911; 13

14

(b) after paragraph (e) insert: 15

16

(fa) the department principally assisting in the 17

administration of the Food Act 2008; 18

19

Division 5 — Blood Donation (Limitation of Liability) 20

Act 1985 amended 21

108. Act amended 22

This Division amends the Blood Donation (Limitation of 23

Liability) Act 1985. 24


(1) In section 3 delete the definitions of: 26


Transmissible Diseases Regulations 28



Division 6 Cat Act 2011 amended

s. 110

page 84


2



Transmissible Diseases Regulations means regulations 5

that — 6

(a) are made under the Health (Miscellaneous 7

Provisions) Act 1911; and 8

(b) consist of or include provisions that provide for 9

or require a person donating blood to make a 10

declaration. 11

12

(3) In section 3 in the definition of approved delete “Executive 13

Director, Public Health,” and insert: 14

15


17

Division 6 — Cat Act 2011 amended 18

110. Act amended 19

This Division amends the Cat Act 2011. 20


In section 3(1) in the definition of authorised person after 22

paragraph (a) insert: 23

24

(ba) a person designated as an authorised officer 25

under the Public Health Act 2014 section 24(1) 26

for the purposes of this Act; or 27

28



Cat Act 2011 amended

Division 6

s. 112

page 85


In section 43(2) after “appointed” (each occurrence) insert: 2

3

or designated 4

5


Delete section 48(6) and insert: 7

8

(6) An authorised person (other than a police officer) 9

must — 10

(a) at all times when performing functions as an 11

authorised officer carry — 12

(i) the certificate issued under 13


(ii) the certificate of authority issued under 15

the Public Health Act 2014 section 30; 16

and 17

(b) produce for inspection the certificate or 18

certificate of authority at the reasonable request 19

of any person; and 20

(c) in the case of an authorised person appointed 21

under subsection (1), if he or she ceases to be 22

an authorised person, return the certificate 23

issued under subsection (5) to the local 24

government as soon as is practicable. 25

Penalty for an offence under this subsection: a fine of 26

$5 000. 27

28



Division 7 Constitution Acts Amendment Act 1899 amended

s. 114

page 86


In section 49(2) after “appointed” insert: 2

3

or designated 4

5

Division 7 — Constitution Acts Amendment Act 1899 amended 6

115. Act amended 7

This Division amends the Constitution Acts Amendment 8

Act 1899. 9

116. Schedule V amended 10

(1) In Schedule V Part 3 delete the item “The Advisory Committee 11

constituted under section 216 of the Health Act 1911.”. 12

(2) In Schedule V Part 3 after the item relating to the Local 13

Government Advisory Board insert: 14

15

The Local Health Authorities Analytical Committee established by the 16

Health (Miscellaneous Provisions) Act 1911 section 247A. 17

18

(3) In Schedule V Part 3 in the items relating to the Anaesthetic 19

Mortality Committee, the Maternal Mortality Committee and 20

the Perinatal and Infant Mortality Committee delete “Health 21

Act 1911.” and insert: 22

23

Health (Miscellaneous Provisions) Act 1911. 24

25



Cremation Act 1929 amended Division 8

s. 117

page 87

Division 8 — Cremation Act 1929 amended 1

117. Act amended 2

This Division amends the Cremation Act 1929. 3


(1) In section 2 delete the definition of Executive Director. 5


7



10


In section 8A(b) delete “by the Health Act 1911;” and insert: 12

13

under the Health (Miscellaneous Provisions) Act 1911; 14

15


In section 8B: 17

(a) in paragraph (a)(ii) delete “Health Act 1911;” and insert: 18

19

Health (Miscellaneous Provisions) Act 1911; 20

21

(b) in paragraph (b)(ii) delete “Health Act 1911.” and insert: 22

23


25



Division 9 The Criminal Code amended

s. 121

page 88


In the provisions listed in the Table: 2

(a) delete “Executive Director” (each occurrence) and 3

insert: 4

5


7

(b) delete “Executive Director’s” and insert: 8

9

Chief Health Officer’s 10

11

Table 12

s. 4(1)(b) s. 4(2)

s. 4(3) s. 8A(b)

s. 16(1)(b) s. 16(2)

s. 17(1)(a)

Division 9 — The Criminal Code amended 13

122. Act amended 14

This Division amends The Criminal Code. 15


(1) In section 199(1)(b) delete “Health Act 1911.” and insert: 17

18


20



Dog Act 1976 amended Division 10

s. 124

page 89


2


medical practitioner means a person registered under 4

the Health Practitioner Regulation National Law 5

(Western Australia) in the medical profession. 6

7


In section 306(1) in the definition of female genital mutilation 9

paragraph (d) delete “within the meaning of the Health 10

Act 1911; or” and insert: 11

12

as defined in section 3 of that Act; or 13

14

Division 10 — Dog Act 1976 amended 15

125. Act amended 16

This Division amends the Dog Act 1976. 17


In section 3(1) delete the definition of authorised person and 19

insert: 20

21

authorised person means — 22

(a) a person who is appointed by a local 23

government, to exercise powers on behalf of 24

the local government, under section 29(1); or 25

(b) a person designated as an authorised officer 26

under the Public Health Act 2014 section 24(1) 27

for the purposes of this Act; 28

29



Division 11 Fair Trading Act 2010 amended

s. 127

page 90


After section 11(3) insert: 2

3

(4) Subsection (3) is subject to the Public Health Act 2014 4

section 31. 5

6


In section 29(12) delete “medical practitioner or environmental 8

health officer.” and insert: 9

10

or a medical practitioner. 11

12


In section 47(1) in the definition of representative delete 14

paragraph (a) and insert: 15

16

(a) a person who is an authorised person by virtue 17

of an appointment or designation made by that 18

local government; or 19

20


In section 52(1) delete “Health Act 1911,” and insert: 22

23

Health (Miscellaneous Provisions) Act 1911, 24

25

Division 11 — Fair Trading Act 2010 amended 26

131. Act amended 27

This Division amends the Fair Trading Act 2010. 28



Fire Brigades Act 1942 amended Division 12

s. 132

page 91


Delete section 15(3). 2


Delete section 34. 4


In Schedule 1 delete the item relating to the Health Act 1911 6

and insert: 7

8

Food Act 2008 9


11

Division 12 — Fire Brigades Act 1942 amended 12

135. Act amended 13

This Division amends the Fire Brigades Act 1942. 14


In section 33(1)(f) delete “public concourse,” and insert: 16

17

public assembly 18

19


In section 33A(15) delete the definition of public building and 21

insert: 22

23

public building — 24

(a) means a building or place or part of a building 25

or place where persons may assemble for — 26



Division 12 Fire Brigades Act 1942 amended

s. 138

page 92

(i) civic, theatrical, social, political or 1

religious purposes; or 2

(ii) educational purposes; or 3

(iii) entertainment, recreational or sporting 4

purposes; or 5

(iv) business purposes; 6

and 7

(b) includes any building, structure, tent, gallery, 8

enclosure, platform or other place or any part of 9

a building, structure, tent, gallery, enclosure, 10

platform or other place in or on which numbers 11

of persons are usually or occasionally 12

assembled; but 13

(c) does not include a hospital. 14

15



18

48. FES Commissioner to provide information to Chief 19

Health Officer 20



Public Health Act 2014 section 4(1). 23

(2) The FES Commissioner must from time to time 24

provide the Chief Health Officer with information and 25

recommendations as to the requirements for the 26

prevention of, and escape from, fire in premises used or 27

intended for purposes of public entertainment or of 28

public assembly. 29

30



Food Act 2008 amended Division 13

s. 139

page 93

Division 13 — Food Act 2008 amended 1

139. Act amended 2

This Division amends the Food Act 2008. 3


In section 8 delete the definition of authorised officer and 5

insert: 6

7

authorised officer means — 8

(a) a person appointed under Part 10 Division 3; or 9

(b) a person designated by a local government as 10

an authorised officer under the Public Health 11

Act 2014 section 24(1) for the purposes of this 12

Act; 13

14


In section 56(1) and (2) after “appointed” insert: 16

17

or designated 18

19


In section 57(2) after “appointed” insert: 21

22

or designated 23

24



Division 14 Health Legislation Administration Act 1984 amended

s. 143

page 94



3

(1) An enforcement agency may appoint a person to be an 4

authorised officer for the purposes of this Act if the 5

enforcement agency, having regard to any guidelines 6

issued by the CEO under subsection (2), considers the 7

person has appropriate qualifications and experience to 8

perform the functions of an authorised officer. 9

10



13

(4) This section is subject to the Public Health Act 2014 14

section 31. 15

16


In section 126(13) after “Part 10 Division 3” insert: 18

19

or designated by the agency under the Public Health Act 2014 20

section 24(1) 21

22

Division 14 — Health Legislation Administration 23

Act 1984 amended 24

146. Act amended 25

This Division amends the Health Legislation Administration 26

Act 1984. 27



Health Legislation Administration Act 1984 amended Division 14

s. 147

page 95


(1) In section 3 delete the definition of prescribed officer. 2


4



prescribed officer means — 7

(a) the Chief Health Officer; or 8

(b) the officer referred to in section 6(1)(d); or 9

(c) any officer or officer of a class of officers 10

prescribed by the regulations; 11

12


14



prescribed officer means — 17

(a) the Chief Health Officer; or 18

(b) any officer or officer of a class of officers 19

prescribed by the regulations; 20

21


(1) Delete section 6(1)(b) and (c). 23


25

(1) The officers that are necessary for the purposes of 26

carrying out the provisions of the Acts to which this 27

Act applies are to be appointed in the Department 28

under and subject to the Public Sector Management 29

Act 1994 Part 3. 30

31



Division 14 Health Legislation Administration Act 1984 amended

s. 149

page 96

(3) Delete section 6(4)(a). 1

(4) Delete section 6(4). 2


Delete section 7. 4


In section 8: 6

(a) delete “or designated as an officer, medical officer of 7

health, environmental health officer, inspector or public 8

health officer under section 6 or 7, as the case requires,” 9

and insert: 10

11

under section 6 12

13

(b) delete “or having such a designation”; 14

(c) delete “or designated”. 15


Effect of appointment under s. 6 17



20

(7) Subsection (1) does not authorise — 21

(a) the Minister to delegate any of the Minister’s 22

powers or duties under the Health 23

(Miscellaneous Provisions) Act 1911 or the 24

Public Health Act 2014; or 25

(b) the CEO or the Chief Health Officer to delegate 26

any of their powers or duties under the Health 27

(Miscellaneous Provisions) Act 1911. 28

29



Hospitals and Health Services Act 1927 amended Division 15

s. 152

page 97

Division 15 — Hospitals and Health Services Act 1927 amended 1

152. Act amended 2

This Division amends the Hospitals and Health Services 3

Act 1927. 4


(1) In section 2(1) delete the definitions of: 6

Executive Director 7

infectious disease 8


10



13


In section 3(2) delete “Executive Director” and insert: 15

16


18


(1) In section 10(1) delete “Executive Director” and insert: 20

21


23



Division 15 Hospitals and Health Services Act 1927 amended

s. 156

page 98

(2) In section 10(2)(a) delete “Executive Director; and” and insert: 1

2

Chief Health Officer; and 3

4


Visiting and inspecting hospitals 6


In section 35A delete “Executive Director” and insert: 8

9


11


(1) In section 37(2)(b) delete “Executive Director” and insert: 13

14


16

(2) In section 37(2g) delete “Executive Director” and insert: 17

18


20


In section 38(1)(c) delete “Executive Director” and insert: 22

23


25



Human Reproductive Technology Act 1991 amended Division 16

s. 159

page 99

Division 16 — Human Reproductive Technology 1

Act 1991 amended 2

159. Act amended 3

This Division amends the Human Reproductive Technology 4

Act 1991. 5


In section 3(1) delete the definition of Public Health Official 7

and insert: 8

9

Public Health Official means a person designated by 10

the CEO under section 60A(1); 11

12


In section 8(3)(a) delete “the Health Act 1911; and” and insert: 14

15

this Act; and 16

17


In section 39(2)(d)(ii) delete “Health Act 1911” and insert: 19

20


22



Division 17 Liquor Control Act 1988 amended

s. 163

page 100


At the end of Part 6 Division 1 insert: 2

3

60A. Public Health Officials 4

(1) The CEO may designate a person as a Public Health 5

Official for the purposes of this Act if the CEO 6

considers that the person has appropriate qualifications 7

and experience to perform the functions of a Public 8

Health Official, and may revoke a designation under 9

this subsection at any time. 10

(2) For the purposes of subsection (1), the CEO may 11

engage, under a contract for services, any person whom 12

the CEO considers has appropriate qualifications and 13

experience to perform the functions of a Public Health 14

Official. 15

(3) A person engaged under subsection (2) is not a person 16

appointed under the Public Sector Management 17

Act 1994 Part 3. 18

(4) Subsection (2) does not limit section 58 or 59(1) or the 19

Public Sector Management Act 1994 section 100. 20

(5) If, immediately before the Public Health 21

(Consequential Provisions) Act 2014 section 159 (the 22

relevant section) comes into operation, a person holds 23

a designation as a Public Health Official under the 24

Health Legislation Administration Act 1984 section 7, 25

then, on the coming into operation of the relevant 26

section, the person is to be taken to hold a designation 27

as a Public Health Official under subsection (1). 28

29



Liquor Control Act 1988 amended Division 17

s. 164

page 101

Division 17 — Liquor Control Act 1988 amended 1

164. Act amended 2

This Division amends the Liquor Control Act 1988. 3


(1) In section 69(8a) delete “Executive Director —” and insert: 5

6


8

(2) In section 69(8b) delete the definition of Executive Director. 9

(3) In section 69(8b) insert in alphabetical order: 10

11


(a) has the meaning given in the Public Health 13

Act 2014 section 4(1); and 14

(b) for the purposes of subsection (8a)(b), includes 15

a person authorised in writing by the Chief 16

Health Officer; 17

18

Division 18 — Local Government Act 1995 amended 19

166. Act amended 20

This Division amends the Local Government Act 1995. 21

167. Section 3.5 amended 22

After section 3.5(4A) insert: 23

24

(4B) Nothing in the Health (Miscellaneous Provisions) 25

Act 1911 or the Public Health Act 2014 prevents a 26

local government from making local laws under this 27



Division 19 Marketing of Potatoes Act 1946 amended

s. 168

page 102

Act about matters relating to public health (as defined 1

in the Public Health Act 2014 section 4(1)). 2

3

Division 19 — Marketing of Potatoes Act 1946 amended 4

168. Act amended 5

This Division amends the Marketing of Potatoes Act 1946. 6


(1) In section 22B(5): 8

(a) delete “CEO (Health)” and insert: 9

10


12

(b) delete “Health Act 1911” and insert: 13

14

Health (Miscellaneous Provisions) Act 1911 or the Food 15

Act 2008 16

17

(2) After section 22B(5) insert: 18

19

(6A) In subsection (5) — 20



23

(3) Delete section 22B(10). 24

Division 20 — Medicines and Poisons Act 2014 amended 25

170. Act amended 26

This Division amends the Medicines and Poisons Act 2014. 27



Mental Health Act 1996 amended Division 21

s. 171

page 103


In the long title delete “Health Act 1911,” and insert: 2

3


5


In section 16(2)(b) delete “Health Act 1911” (each occurrence) 7

and insert: 8

9


11

173. Part 11 Division 1 heading replaced 12

Delete the heading to Part 11 Division 1 and insert: 13

14

Division 1 — Health (Miscellaneous Provisions) 15

Act 1911 amended 16

17


In section 148 delete “Health Act 1911.” and insert: 19

20


22

Division 21 — Mental Health Act 1996 amended 23

175. Act amended 24

This Division amends the Mental Health Act 1996. 25



Division 21 Mental Health Act 1996 amended

s. 176

page 104


(1) In section 148C: 2

(a) delete “For the purpose” and insert: 3

4

(1) For the purpose 5

6

(b) delete paragraph (b) and insert: 7

8

(b) a person who has experience and qualifications 9

in neurosurgery and who is appointed to the 10

State Administrative Tribunal after the 11

following consultation — 12

(i) first, consultation by the Minister with 13

the Royal Australasian College of 14

Surgeons; 15

(ii) second, consultation by the Minister 16

administering the State Administrative 17

Tribunal Act 2004 with the Minister; 18

and 19

20

(2) At the end of section 148C insert: 21

22

(2) If subsection (1) applies, after the Public Health 23

(Consequential Provisions) Act 2014 section 175 24

comes into operation, to and in relation to a proceeding 25

before the State Administrative Tribunal, any 26

appointment made under this section for the purposes 27

of that proceeding before that section comes into 28

operation continues as if the Public Health 29

(Consequential Provisions) Act 2014 section 176(1)(b) 30

had not been enacted. 31

32



amended

Division 22

s. 177

page 105

Division 22 — Mental Health Legislation Amendment Act 2014 1

amended 2

177. Act amended 3

This Division amends the Mental Health Legislation 4

Amendment Act 2014. 5

178. Sections 66 and 67 replaced 6

Delete sections 66 and 67 and insert: 7

8


In section 3 in the definition of prescribed officer 10

delete paragraph (b). 11



14

(1) The officers that are necessary for the purposes of 15

carrying out the provisions of the Acts to which this 16

Act applies are to be appointed in the Department 17

under and subject to the Public Sector Management 18

Act 1994 Part 3. 19

20


22


In section 86 in the insertion delete item 1(a) and insert: 24

25

(a) the Health (Miscellaneous Provisions) Act 1911; 26

27



Division 23 Parental Support and Responsibility Act 2008 amended

s. 180

page 106

Division 23 — Parental Support and Responsibility 1

Act 2008 amended 2

180. Act amended 3

This Division amends the Parental Support and Responsibility 4

Act 2008. 5


In section 3 in the definition of information sharing agency 7

paragraph (d) delete “Health Act 1911;” and insert: 8

9

Hospitals and Health Services Act 1927; 10

11

Division 24 — Poisons Act 1964 amended 12

182. Act amended 13

This Division amends the Poisons Act 1964. 14


(1) In section 5(1) delete the definition of environmental health 16

officer. 17

(2) In section 5(1) in the definition of authorised officer delete 18

paragraph (a). 19


In section 6(1) delete “Health Act 1911,” and insert: 21

22


24



Prisons Act 1981 amended Division 25

s. 185

page 107


In section 60(2) delete “Health Act 1911.” and insert: 2

3


5


In section 64(3): 7

(a) delete “Health Act 1911,” and insert: 8

9


11

(b) delete “Health Act 1911” and insert: 12

13


15

Division 25 — Prisons Act 1981 amended 16

187. Act amended 17

This Division amends the Prisons Act 1981. 18


(1) Delete section 95C(1) and insert: 20

21




25

(2) In section 95C(2) delete “ED, PH” and insert: 26

27


29



Division 26 Rottnest Island Authority Act 1987 amended

s. 189

page 108

(3) In section 95C(3): 1

(a) delete “ED, PH” and insert: 2

3


5

(b) delete “ED, PH,” and insert: 6

7


9

Division 26 — Rottnest Island Authority Act 1987 amended 10

189. Act amended 11

This Division amends the Rottnest Island Authority Act 1987. 12


In section 3 insert in alphabetical order: 14

15



18


(1) In section 45(1) delete “Health Act 1911” and insert: 20

21


23

(2) In section 45(2): 24


26


28



School Education Act 1999 amended Division 27

s. 192

page 109

(b) delete “Health Act 1911.” and insert: 1

2


4

(3) In section 45(3): 5


7


9

(b) delete “Health Act 1911.” and insert: 10

11


13

(4) In section 45(4)(a) delete “Health Act 1911” and insert: 14

15


17



Application of Health (Miscellaneous Provisions) Act 1911 20

Division 27 — School Education Act 1999 amended 21

192. Act amended 22

This Division amends the School Education Act 1999. 23


(1) In section 27(2) delete “Executive Director of Public Health” 25

and insert: 26

27


29



Division 28 Spent Convictions Act 1988 amended

s. 194

page 110


2

(3A) In subsection (2) — 3



6

Division 28 — Spent Convictions Act 1988 amended 7

194. Act amended 8

This Division amends the Spent Convictions Act 1988. 9


(1) In Schedule 3 clause 1(7) in the Table delete item 1(a) and 11

insert: 12

13

(a) the Health (Miscellaneous Provisions) Act 1911; or 14

15

(2) In Schedule 3 clause 1(7) in the Table delete item 1(a) and 16

insert: 17

18

(a) the Health (Miscellaneous Provisions) Act 1911; 19

20

Division 29 — Tobacco Products Control Act 2006 amended 21

196. Act amended 22

This Division amends the Tobacco Products Control Act 2006. 23


In section 78(4) delete “environmental health officer” and 25

insert: 26

27


29



Tobacco Products Control Act 2006 amended Division 29

s. 198

page 111


In section 82(2) delete “environmental health officer” (each 2


4


6


In section 113(2)(a) delete “environmental health officer; or” 8

and insert: 9

10

authorised officer; or 11

12


In section 125(2)(b) delete “environmental health officers” and 14

insert: 15

16

authorised officers 17

18

201. Glossary amended 19

(1) In the Glossary clause 1 delete the definition of environmental 20

health officer. 21

(2) In the Glossary insert in alphabetical order: 22

23

authorised officer means a person designated as an 24

authorised officer under the Public Health Act 2014 25

section 24(1) whose designation has effect for the 26

purposes of this Act; 27

28



Division 30 University Medical School, Teaching Hospitals, Act 1955 amended

s. 202

page 112

Division 30 — University Medical School, Teaching Hospitals, 1

Act 1955 amended 2

202. Act amended 3

This Division amends the University Medical School, Teaching 4

Hospitals, Act 1955. 5


In section 2 in the definition of public hospital paragraph (a) 7

delete “Part X of the Health Act 1911; and” and insert: 8

9

the Health (Miscellaneous Provisions) Act 1911 Part XII; and 10

11


(1) Delete section 5(3)(d) and insert: 13

14

(d) the CEO (Health) or a person nominated by the 15

CEO (Health); and 16

17


19

(4A) In subsection (3)(d) — 20

CEO (Health) means CEO as defined in the Health 21

Legislation Administration Act 1984 section 3. 22

23

(3) In section 5 after each of subsection (3)(a), (b) and (c) insert: 24

25

and 26

27



Waste Avoidance and Resource Recovery Act 2007 amended Division 31

s. 205

page 113

Division 31 — Waste Avoidance and Resource Recovery 1

Act 2007 amended 2

205. Act amended 3

This Division amends the Waste Avoidance and Resource 4

Recovery Act 2007. 5


(1) In section 3(1) delete the definition of Executive Director, 7

Public Health. 8


10



13


(1) In section 7(1) delete “Executive Director, Public Health under 15

the Health Act 1911.” and insert: 16

17

Chief Health Officer under the Health (Miscellaneous 18

Provisions) Act 1911. 19

20

(2) In section 7(2) delete “Executive Director, Public Health” and 21

insert: 22

23


25


Chief Health Officer to be consulted on public health issues 27



Division 32 Repeals

s. 208

page 114


Delete section 58(b) and insert: 2

3

(b) the Chief Health Officer; and 4

5


In section 71(4)(c) and (5)(c) delete “Executive Director, Public 7


9


11

Division 32 — Repeals 12

210. Certain provisions repealed if not commenced: Medicines 13

and Poisons Act 2014 14

(1) If the Medicines and Poisons Act 2014 section 153 comes into 15

operation on or before the day on which section 99 of this Act 16

comes into operation, section 14 of this Act — 17

(a) does not come into operation; and 18

(b) is repealed when section 99 of this Act comes into 19

operation. 20



comes into operation, Part 2 Division 6 Subdivision 2 of this 23

Act — 24



operation. 27



Repeals

Division 32

s. 211

page 115



comes into operation, Part 2 Division 6 Subdivision 4 of this 3

Act — 4



operation. 7

(4) If any of the provisions of the Medicines and Poisons Act 2014 8

Part 11 Division 1 come into operation on or before the day on 9

which section 5 of this Act comes into operation, 10

sections 171, 173 and 174 of this Act — 11

(a) do not come into operation; and 12

(b) are repealed when section 5 of this Act comes into 13

operation. 14

(5) If the Poisons Act 1964 is repealed on or before the day on 15

which section 5 of this Act comes into operation, Part 3 16

Division 24 of this Act — 17



operation. 20

211. Certain provisions repealed if not commenced: Mental 21

Health Legislation Amendment Act 2014 22

(1) If the Mental Health Legislation Amendment Act 2014 Part 4 23

Division 4 Subdivision 14 comes into operation on or before the 24

day on which section 5 of this Act comes into operation, 25

sections 147(2) and 148(1) and (3) of this Act — 26



operation. 29

(2) If section 5 of this Act comes into operation before the day on 30

which the Mental Health Legislation Amendment Act 2014 31



Division 32 Repeals

s. 211

page 116

Part 4 Division 4 Subdivision 14 comes into operation, 1

sections 147(3) and 148(2) and (4) of this Act — 2



operation. 5

(3) If the Mental Health Act 1996 is repealed on or before the day 6

on which section 5 of this Act comes into operation, Part 3 7




operation. 11



day on which section 5 of this Act comes into operation, Part 3 14




operation. 18



day on which section 5 of this Act comes into operation, 21

section 195(1) of this Act — 22



operation. 25

(6) If section 5 of this Act comes into operation before the day on 26

which the Mental Health Legislation Amendment Act 2014 27

Part 4 Division 4 Subdivision 22 comes into operation, 28

section 195(2) of this Act — 29



operation. 32



Repeals

Division 32

s. 212

page 117

212. Subsidiary legislation repealed 1

This subsidiary legislation is repealed: 2

(a) the Annual Report Form (Local Authorities) 3

Regulations; 4

(b) the Form for Result of Sample Analysis Regulations; 5

(c) the Health Act (Local Authorities Sewerage 6

Undertakings) Model By-laws; 7

(d) the Local Health Boards (Annual Statement of 8

Accounts) Regulations 1961; 9

(e) the Model By-laws - Handling Dead Bodies; 10

(f) the Model By-laws - Series “A”. 11


Part 4 Health (Miscellaneous Provisions) Act 1911 amended

Division 1 Act amended

s. 213

page 118

Part 4 — Health (Miscellaneous Provisions) 1

Act 1911 amended 2

Division 1 — Act amended 3

213. Act amended 4

This Part amends the Health (Miscellaneous Provisions) 5

Act 1911. 6

Division 2 — Part I amended 7


(1) In section 3(1) delete the definition of AIDS. 9

(2) In section 3(1) delete the definition of responsible pathologist. 10





Division 3 — Part II amended 15






Delete sections 13 and 14. 21


Health (Miscellaneous Provisions) Act 1911 amended Part 4

Part III deleted Division 4

s. 220

page 119







223. Part II Division 2 heading deleted 7

Delete the heading to Part II Division 2. 8











229. Part II Division 3 deleted 19

Delete Part II Division 3. 20



Division 4 Part III deleted

s. 230

page 120

Division 4 — Part III deleted 1

230. Part III deleted 2

Delete Part III. 3

Division 5 — Part IV amended 4


Delete sections 53 to 63A. 6



9

(10) This section does not apply on or after the date on 10

which the Public Health (Consequential Provisions) 11

Act 2014 section 232 comes into operation, other than 12

to and in relation to any agreement made under this 13

section and having effect immediately before that 14

section comes into operation. 15

16







23

(4) This section does not apply on or after the date on 24

which the Public Health (Consequential Provisions) 25

Act 2014 section 235 comes into operation, other than 26

to and in relation to any agreement made under this 27



Part V deleted Division 6

s. 236

page 121

section and having effect immediately before that 1

section comes into operation. 2

3



237. Part IV Divisions 3 to 5 and 7 to 9 deleted 6

Delete Part IV Divisions 3 to 5 and 7 to 9. 7

Division 6 — Part V deleted 8

238. Part V deleted 9

Delete Part V. 10

Division 7 — Part VI deleted 11

239. Part VI deleted 12

Delete Part VI. 13

Division 8 — Part VII deleted 14

240. Part VII deleted 15

Delete Part VII. 16

Division 9 — Part VIIA amended 17

Subdivision 1 — Amendments to Part VIIA heading 18

241. Part VIIA heading amended 19

In the heading to Part VIIA delete “disinfectants, 20

therapeutic substances and pesticides” and insert: 21

22

disinfectants and therapeutic substances 23

24



Division 10 Part IX amended

s. 242

page 122

242. Part VIIA heading replaced 1

Delete the heading to Part VIIA and insert: 2

3

Part VIIA — Analysts 4

5





Delete Part VIIA Division 1. 10

Subdivision 3 — Part VIIA Division 8 deleted 11


Delete Part VIIA Division 8. 13

Division 10 — Part IX amended 14

246. Part IX heading and Part IX Division 1 heading deleted 15

Delete the headings to Part IX and Part IX Division 1. 16









Part IXA deleted Division 11

s. 250

page 123

250. Part IX Division 2 deleted 1

Delete Part IX Division 2. 2

Division 11 — Part IXA deleted 3

251. Part IXA deleted 4

Delete Part IXA. 5

Division 12 — Part X deleted 6

252. Part X deleted 7

Delete Part X. 8

Division 13 — Part XI deleted 9

253. Part XI deleted 10

Delete Part XI. 11

Division 14 — Part XIII amended 12



Division 15 — Parts XIV and XV and Schedules amended 15

255. Part XIV heading amended 16

In the heading to Part XIV delete “and local laws”. 17


Delete section 341(2). 19






s. 258

page 124


(1) In section 344C in the Table delete “133, 134(6), (11), (12), 2

(29), (44), (45) and (46),”. 3

(2) In section 344C in the Table delete “146(3), 158(3),”. 4

(3) In section 344C in the Table delete “199(10)”. 5


Delete sections 343 to 348A. 7















(2) Delete section 360(1)(c). 22

(3) Delete section 360(1)(e). 23



Parts XIV and XV and Schedules amended Division 15

s. 267

page 125

(4) In section 360(1): 1

(a) in paragraph (g)(ii) delete “$500;” and insert: 2

3

$500. 4

5

(b) delete paragraph (h). 6

(5) In section 360(2) delete “Local laws and regulations” and insert: 7

8

Regulations 9

10

(6) In section 360(3) delete “local laws and”. 11


(8) Delete section 360(4)(b) and insert: 13

14

(b) regulations made under section 341. 15

16


(10) In section 360 after each of subsection (1)(b) and (d) insert: 18

19

or 20

21


In section 361 delete “local law,”. 23



(a) delete “or local law”; 26




s. 269

page 126

(b) delete “or the local government of the district in which 1

the offence is committed, or an officer of the local 2

government,”. 3














In section 377: 17

(a) delete paragraphs (1) to (9); 18

(b) in paragraph (10) delete “analysed;” and insert: 19

20

analysed. 21

22

(c) delete paragraph (11). 23





Parts XIV and XV and Schedules amended Division 15

s. 277

page 127




Delete Schedule 1. 4






(1) Delete Schedule 5 Part I and insert: 10

11

Part I 12

Sections 203(2), 225(1) and 238(3) and (5)

13

(2) Delete Schedule 5 Part I. 14

(3) Delete Schedule 5 Part II and insert: 15

16

Part II 17

Sections 224(2), 227(13), 335(3) and 337(6)

18

(4) Delete Schedule 5 Part II and insert: 19

20

Part II 21

Sections 335(3) and 337(6)

22

(5) Delete Schedule 5 Part III. 23




s. 281

page 128

(6) Delete Schedule 5 Part IV and insert: 1

2

Part IV 3

Sections 223(1), 225(2), 227(2), 231(2), 234(1), 240(1), 336(5a),

336A(5a), 336B(7a), 340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2) and 340BM(1) and (2)

4

(7) Delete Schedule 5 Part IV and insert: 5

6

Part IV 7

Sections 336(5a), 336A(5a), 336B(7a), 340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2) and 340BM(1) and (2)

8

(8) Delete Schedule 5 Part V. 9

(9) Delete Schedule 5 Part VI and insert: 10

11

Part VI 12

Sections 221(1), 222, 236(1), 241(1) and 340AL(1c)

13

(10) Delete Schedule 5 Part VI and insert: 14

15

Part VI 16

Section 340AL(1c)

17

(11) Delete Schedule 5 Part VII. 18

(12) Delete Schedule 5 Part VIII. 19


Other Acts amended

Part 5

Biosecurity and Agriculture Management Act 2007 amended Division 1

s. 282

page 129

Part 5 — Other Acts amended 1

Division 1 — Biosecurity and Agriculture Management 2

Act 2007 amended 3

282. Act amended 4

This Division amends the Biosecurity and Agriculture 5



(1) After section 4(2)(f) insert: 8

9

(gaa) the Public Health Act 2014; 10

11

(2) Delete section 4(2)(f). 12


(1) In section 184(1) in the definition of information sharing 14

agency before paragraph (f) insert: 15

16

(fb) the department principally assisting in the 17

administration of the Public Health Act 2014; 18

19

(2) In section 184(1) in the definition of information sharing 20

agency delete paragraph (b). 21

Division 2 — Blood Donation (Limitation of Liability) 22

Act 1985 amended 23

285. Act amended 24

This Division amends the Blood Donation (Limitation of 25

Liability) Act 1985. 26


Part 5 Other Acts amended

Division 3 Botanic Gardens and Parks Authority Act 1998 amended

s. 286

page 130


In section 3 in the definition of Transmissible Diseases 2

Regulations paragraph (a) delete “1911; and” and insert: 3

4

1911 or the Public Health Act 2014; and 5

6

Division 3 — Botanic Gardens and Parks Authority 7

Act 1998 amended 8

287. Act amended 9

This Division amends the Botanic Gardens and Parks Authority 10

Act 1998. 11


At the beginning of Part 8 insert: 13

14

44A. Chief Health Officer responsible for public health 15

matters 16




public health has the meaning given in the Public 20

Health Act 2014 section 4(1). 21

(2) For the purposes of protecting, promoting and 22

improving public health in relation to any designated 23

land, the Chief Health Officer has all the powers and 24

authority of a local government under the Local 25

Government Act 1995 as if — 26

(a) the designated land were a district for the 27

purposes of that Act; and 28


Other Acts amended

Part 5

Botanic Gardens and Parks Authority Act 1998 amended Division 3

s. 288

page 131

(b) the Chief Health Officer were the local 1

government for that district. 2

(3) The power and authority conferred on the Chief Health 3

Officer by subsection (2) includes the power to make 4

and enforce local laws under the Local Government 5

Act 1995. 6

(4) However — 7

(a) nothing in the Local Government Act 1995 8

Part 3 Division 2 Subdivision 2 (other than 9

sections 3.12(5) and (8), 3.14(1) and 3.15) 10

applies to or in respect of the making of local 11

laws by the Chief Health Officer; and 12

(b) before making local laws, the Chief Health 13

Officer must consult with the Authority, and 14

consider any advice provided by the Authority. 15

(5) If there is a conflict or inconsistency between a local 16

law made by the Chief Health Officer under 17

subsection (2) and a local law made by a local 18

government under the Local Government Act 1995 or 19

any other Act, the local law made by the Chief Health 20

Officer prevails to the extent of the conflict or 21

inconsistency. 22

23



Division 4 Country Areas Water Supply Act 1947 amended

s. 289

page 132

Division 4 — Country Areas Water Supply Act 1947 amended 1

289. Act amended 2

This Division amends the Country Areas Water Supply 3

Act 1947. 4



7


A person must not — 9

(a) pollute any water within or under a water 10

reserve or catchment area; or 11

(b) allow or permit any water within or under a 12

water reserve or catchment area to become 13

polluted. 14

Penalty: a fine of $10 000 and imprisonment for 15

one year. 16

17

Division 5 — Cremation Act 1929 amended 18

291. Act amended 19

This Division amends the Cremation Act 1929. 20


(1) In section 8A(b) delete “Act 1911;” and insert: 22

23

Act 1911 or the Public Health Act 2014; 24

25


Other Acts amended

Part 5

Dog Act 1976 amended Division 6

s. 293

page 133

(2) In section 8A(b) delete “Health (Miscellaneous Provisions) 1

Act 1911 or the”. 2

Division 6 — Dog Act 1976 amended 3

293. Act amended 4

This Division amends the Dog Act 1976. 5


In section 52(1) delete “the Health (Miscellaneous Provisions) 7

Act 1911,”. 8

Division 7 — Equal Opportunity Act 1984 amended 9

295. Act amended 10

This Division amends the Equal Opportunity Act 1984. 11

296. Section 66U amended 12

(1) In section 66U(1) delete “an infectious” and insert: 13

14

a notifiable infectious 15

16

(2) Delete section 66U(3) and insert: 17

18


notifiable infectious disease has the meaning given in 20

the Public Health Act 2014 section 4(1). 21

22

Division 8 — Fair Trading Act 2010 amended 23

297. Act amended 24

This Division amends the Fair Trading Act 2010. 25



Division 9 Gaming and Wagering Commission Act 1987 amended

s. 298

page 134


(1) In Schedule 1 delete “Health (Miscellaneous Provisions) Act 1911”. 2

(2) In Schedule 1 insert in alphabetical order: 3

4

Public Health Act 2014 5

6

Division 9 — Gaming and Wagering Commission 7

Act 1987 amended 8

299. Act amended 9

This Division amends the Gaming and Wagering Commission 10

Act 1987. 11


In section 55(3)(a) delete “Health (Miscellaneous Provisions) 13

Act 1911,” and insert: 14

15

Public Health Act 2014, 16

17

Division 10 — Housing Act 1980 amended 18

301. Act amended 19

This Division amends the Housing Act 1980. 20


In section 5(1) delete the definition of local government. 22


Other Acts amended

Part 5

Human Reproductive Technology Act 1991 amended Division 11

s. 303

page 135

Division 11 — Human Reproductive Technology 1

Act 1991 amended 2

303. Act amended 3

This Division amends the Human Reproductive Technology 4

Act 1991. 5


In section 39(2)(d)(ii) after “Health (Miscellaneous Provisions) 7

Act 1911” insert: 8

9

or the Public Health Act 2014 10

11

Division 12 — Land Administration Act 1997 amended 12

305. Act amended 13

This Division amends the Land Administration Act 1997. 14


At the end of Part 4 insert: 16

17

53A. Chief Health Officer responsible for public health 18

matters in class A reserves 19







improving public health in relation to any class A 26

reserve, the Chief Health Officer has all the powers and 27



Division 12 Land Administration Act 1997 amended

s. 306

page 136

authority of a local government under the Local 1

Government Act 1995 as if — 2

(a) the class A reserve were a district for the 3

purposes of that Act; and 4






Act 1995. 10

(4) However — 11



sections 3.12(5) and (8), 3.14(1) and 3.15) 14



(b) before making local laws in relation to a 17

class A reserve, the Chief Health Officer 18

must — 19

(i) consult with the management body of 20

the reserve or, if there is no 21

management body, the Minister; and 22

(ii) consider any advice provided by the 23

management body or, as the case 24

requires, the Minister. 25







inconsistency. 32

33


Other Acts amended

Part 5

Liquor Control Act 1988 amended Division 13

s. 307

page 137

Division 13 — Liquor Control Act 1988 amended 1

307. Act amended 2

This Division amends the Liquor Control Act 1988. 3


In section 39(2)(a)(i) delete “Health (Miscellaneous Provisions) 5

Act 1911; and” and insert: 6

7

Public Health Act 2014; and 8

9


In section 69(8)(a) delete “Health (Miscellaneous Provisions) 11

Act 1911; or” and insert: 12

13

Public Health Act 2014; or 14

15


In section 95(4)(f)(iii) after “Health (Miscellaneous Provisions) 17


19


21

Division 14 — Marketing of Potatoes Act 1946 amended 22

311. Act amended 23

This Division amends the Marketing of Potatoes Act 1946. 24



Division 15 Medicines and Poisons Act 2014 amended

s. 312

page 138


In section 22B(5) after “Health (Miscellaneous Provisions) 2


4


6

Division 15 — Medicines and Poisons Act 2014 amended 7

313. Act amended 8

This Division amends the Medicines and Poisons Act 2014. 9


(1) Before section 16(1) insert: 11

12

(1A) In this section — 13

Agvet Code of Western Australia has the meaning 14

given in the Agricultural and Veterinary Chemicals 15

(Western Australia) Act 1995 section 3; 16

pesticide means an agricultural chemical product as 17

defined in the Agvet Code of Western Australia. 18

19

(2) Delete section 16(2)(b) and insert: 20

21

(b) the Schedule 7 poison is a pesticide and — 22

(i) the person is authorised under the 23

Public Health Act 2014 to use or 24

possess the poison; and 25

(ii) the use or possession by the person is in 26

accordance with that authorisation; 27

or 28

29


Other Acts amended

Part 5

Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended

Division 16

s. 315

page 139



Division 16 — Metropolitan Water Supply, Sewerage, and 3

Drainage Act 1909 amended 4

316. Act amended 5

This Division amends the Metropolitan Water Supply, 6

Sewerage, and Drainage Act 1909. 7



10


A person must not — 12

(a) pollute any water within or under a water 13

reserve or catchment area; or 14

(b) allow or permit any water within or under a 15

water reserve or catchment area to become 16

polluted. 17

Penalty: a fine of $10 000 and imprisonment for 18

one year. 19

20

Division 17 — Misuse of Drugs Act 1981 amended 21

318. Act amended 22

This Division amends the Misuse of Drugs Act 1981. 23



Division 17 Misuse of Drugs Act 1981 amended

s. 319

page 140


In section 3(1) delete the definition of analyst and insert: 2

3

analyst means a person who — 4

(a) holds a science degree in, or to a major extent 5

in, chemistry awarded by — 6

(i) a university in Australia; or 7

(ii) a prescribed university; 8

and 9

(b) has had not less than 2 years’ practical 10

experience in the chemical analysis of drugs; 11

12



15


CEO (Health) has the meaning given to CEO by the 17

Health Legislation Administration Act 1984 section 3; 18



needle and syringe programme means a needle and 21

syringe programme (as defined in the Public Health 22

Act 2014 section 4(1)) approved under that Act. 23

24

(2) After section 38D(2) insert: 25

26

(3) In any proceedings under this Act, production of a 27

certificate purporting to be signed by the Chief Health 28

Officer and stating that on any date or during any 29

period a specified needle and syringe programme was 30

approved under the Public Health Act 2014 is, without 31


Other Acts amended

Part 5

Poisons Act 1964 amended Division 18

s. 321

page 141

proof of the signature of the Chief Health Officer, 1

sufficient evidence of the facts stated in the certificate. 2

3

Note: The heading to amended section 38D is to read: 4

Evidence of contents of standard and approval 5

321. Part VII Division 3 inserted 6

After Part VII Division 2 insert: 7

8

Division 3 — Provisions for Public Health 9

(Consequential Provisions) Act 2014 10

49. Transitional provision for registered analysts 11

(1) Despite the replacement, by the Public Health 12

(Consequential Provisions) Act 2014 section 319 13

(section 319), of the definition of analyst in 14

section 3(1), any person who, immediately before 15

section 319 comes into operation, is an approved 16

analyst under a declaration made under section 3A 17

continues to be an approved analyst under and subject 18

to section 3A. 19

(2) A thing done or omitted to be done under this Act by, 20

to or in relation to an analyst (as defined in section 3(1) 21

as in force immediately before section 319 comes into 22

operation) has the same effect on and after the day on 23

which section 319 comes into operation, to the extent 24

that it has any force or significance on or after that day, 25

as if the thing had been done or omitted by, to or in 26

relation to an analyst as defined in section 3(1) after 27

section 319 comes into operation. 28

29



Division 18 Poisons Act 1964 amended

s. 322

page 142

Division 18 — Poisons Act 1964 amended 1

322. Act amended 2

This Division amends the Poisons Act 1964. 3


(1) In section 6(1) after “Health (Miscellaneous Provisions) 5

Act 1911,” insert: 6

7

and of the Public Health Act 2014, 8

9

(2) In section 6(1) delete “of the Health (Miscellaneous Provisions) 10

Act 1911, and”. 11



14


analyst has the meaning given in the Misuse of Drugs 16

Act 1981 section 3(1). 17

18



21

(3) Regulations made under this section are in addition to, 22

and not in derogation of, the following — 23

(a) regulations made under the Health 24

(Miscellaneous Provisions) Act 1911 or the 25

Misuse of Drugs Act 1981; 26

(b) regulations made under the Public Health 27

Act 2014. 28


Other Acts amended

Part 5

Public Health Act 2014 amended Division 19

s. 326

page 143

(4) If and to the extent that there is an inconsistency 1

between regulations made under this section and any 2

regulations referred to in subsection (3)(a) or (b), the 3

regulations made under this section prevail. 4

5

(2) In section 64(3)(a) delete “the Health (Miscellaneous 6

Provisions) Act 1911 or”. 7

Division 19 — Public Health Act 2014 amended 8

326. Act amended 9

This Division amends the Public Health Act 2014. 10


In section 291(2) after “this Act” insert: 12

13

or the Health (Miscellaneous Provisions) Act 1911 Part XI 14

15

Division 20 — Rates and Charges (Rebates and Deferments) 16

Act 1992 amended 17

328. Act amended 18

This Division amends the Rates and Charges (Rebates and 19

Deferments) Act 1992. 20


(1) In section 3(1) in the definition of prescribed charge after 22

paragraph (b)(iii) insert: 23

24

(iva) the Public Health Act 2014; or 25

26

(2) In section 3(1) in the definition of prescribed charge delete 27

paragraph (b)(iii). 28



Division 21 amended

s. 330

page 144

Division 21 — Road Safety Council Act 2002 amended 1

330. Act amended 2

This Division amends the Road Safety Council Act 2002. 3


In section 6(1)(h) delete “Health (Miscellaneous Provisions) 5

Act 1911;” and insert: 6

7

Public Health Act 2014; 8

9

Division 22 — Road Traffic Act 1974 amended 10

332. Act amended 11

This Division amends the Road Traffic Act 1974. 12


In section 70(7) delete the definition of technologist and insert: 14

15

technologist means a person approved, or belonging to 16

a class of persons approved, by the Minister to prepare 17

sampling equipment. 18

19

Division 23 — Rottnest Island Authority Act 1987 amended 20

334. Act amended 21

This Division amends the Rottnest Island Authority Act 1987. 22


Other Acts amended

Part 5

Rottnest Island Authority Act 1987 amended Division 23

s. 335

page 145



3

45. Chief Health Officer responsible for public health 4

matters 5





improving public health in relation to the Island, the 10

Chief Health Officer has all the powers and authority 11

of a local government under the Local Government 12

Act 1995 as if — 13

(a) the Island were a district for the purposes of 14

that Act; and 15






Act 1995. 21

(4) However — 22



sections 3.12(5) and (8), 3.14(1) and 3.15) 25



(b) before making local laws, the Chief Health 28

Officer must consult with the Authority, and 29

consider any advice provided by the Authority. 30



Division 24 Sentencing Act 1995 amended

s. 336

page 146







inconsistency. 7

8

Division 24 — Sentencing Act 1995 amended 9

336. Act amended 10

This Division amends the Sentencing Act 1995. 11


In Schedule 1 delete the item relating to the Health 13

(Miscellaneous Provisions) Act 1911. 14

Division 25 — Swan and Canning Rivers Management 15

Act 2006 amended 16

338. Act amended 17

This Division amends the Swan and Canning Rivers 18



Delete Schedule 5 item 1(i) and insert: 21

22

(i) the Public Health Act 2014; 23

24


Other Acts amended

Part 5

Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended

Division 26

s. 340

page 147

Division 26 — Veterinary Chemical Control and Animal Feeding 1

Stuffs Act 1976 amended 2

340. Act amended 3

This Division amends the Veterinary Chemical Control and 4

Animal Feeding Stuffs Act 1976. 5


In section 9 after “Health (Miscellaneous Provisions) 7

Act 1911,” (each occurrence) insert: 8

9

the Food Act 2008, the Public Health Act 2014 10

11



14

9. Act to be construed subject to certain laws 15

(1) This Act is in addition to, and not in derogation of, the 16

following — 17

(a) the Health (Miscellaneous Provisions) 18

Act 1911; 19

(b) the Food Act 2008; 20

(c) the Medicines and Poisons Act 2014; 21

(d) the Public Health Act 2014. 22

(2) If and to the extent that there is an inconsistency 23

between this Act, or any regulations made under this 24

Act, and any of the Acts referred to in subsection (1) or 25

any regulations made under any of those Acts, those 26

Acts and regulations prevail. 27

28



Division 27 Waste Avoidance and Resource Recovery Act 2007 amended

s. 343

page 148

Division 27 — Waste Avoidance and Resource Recovery 1

Act 2007 amended 2

343. Act amended 3

This Division amends the Waste Avoidance and Resource 4

Recovery Act 2007. 5


In section 7(1) delete “1911.” and insert: 7

8

1911 or the Public Health Act 2014. 9

10

Division 28 — Water Services Act 2012 amended 11

345. Act amended 12

This Division amends the Water Services Act 2012. 13


In section 33(2) delete “Health (Miscellaneous Provisions) 15

Act 1911” and insert: 16

17


19


In section 214(1) in the definition of information sharing 21

agency paragraph (e) delete “Health (Miscellaneous Provisions) 22

Act 1911;” and insert: 23

24

Public Health Act 2014; 25

26


Other Acts amended

Part 5

Waterways Conservation Act 1976 amended Division 29

s. 348

page 149


In section 216(2) delete “Health (Miscellaneous Provisions) 2

Act 1911 Part IV” and insert: 3

4


6


Relationship of this Act to Rights in Water and Irrigation Act 1914 8

and Public Health Act 2014 9

Division 29 — Waterways Conservation Act 1976 amended 10

349. Act amended 11

This Division amends the Waterways Conservation Act 1976. 12


(1) In section 5(2) after paragraph (b) insert: 14

15

(ca) the Public Health Act 2014; or 16

17

(2) Delete section 5(2)(b). 18


Part 6 Repeals

s. 351

page 150

Part 6 — Repeals 1

351. Provision repealed if not commenced 2

If the Medicines and Poisons Act 2014 section 158 comes into 3


comes into operation, section 275 of this Act — 5



operation. 8

9