Fluoridation Act 1968 (TAS)

Fluoridation Act 1968

An Act to make provision with respect to the addition of fluoride to public water supplies and matters incidental thereto and to repeal Part VII of the Public Health Act 1962

[Royal Assent 13 January 1969]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short title and commencement (1)  This Act may be cited as the Fluoridation Act 1968 . (2)  This Act shall commence on a day to be fixed by proclamation. 2Interpretation [Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 2 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Committee means the Fluoridation Committee established under this Act; fluoridated water supply means a public water supply to which fluoride has been added (whether before or after the commencement of this Act); fluoridation works means any machinery, equipment, apparatus, or other things used, or designed for use, for the purposes of, or in connection with – (a) the addition of fluoride to a public water supply; or (b) the maintenance of the content of fluoride in a public water supply at a particular concentration; fluoride means any salt or compound of fluorine and includes, where applicable, the fluoride ion; public water supply means a water supply used for supplying water to the public for domestic purposes; [Section 2 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] water supply authority means a regulated entity, within the meaning of the Water and Sewerage Industry Act 2008 . 3The Fluoridation Committee (1) There shall be a committee, to be known as the Fluoridation Committee. (2)  [Section 3 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The Committee shall consist of 5 members appointed by the Minister, of whom – (a) [Section 3 Subsection (2) amended by No. 39 of 2009, s. 4, Applied:01 Oct 2009] one is to be the Director of Public Health, or his or her delegate, who is to be the chairperson; (b) [Section 3 Subsection (2) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 3 Subsection (2) amended by No. 39 of 2009, s. 4, Applied:01 Oct 2009] one is to be a person with expertise in the design or operation of urban water supply schemes; (c) [Section 3 Subsection (2) amended by No. 20 of 2001, Sched. 6, Applied:03 Oct 2001] [Section 3 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] one is to be a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; (d) [Section 3 Subsection (2) amended by No. 39 of 2009, s. 4, Applied:01 Oct 2009] one is to be a person who has expertise in analytical chemistry; and (e) [Section 3 Subsection (2) amended by No. 39 of 2009, s. 4, Applied:01 Oct 2009] [Section 3 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] one is to be a medical practitioner who holds specialist qualifications in medicine. 4Term of office of members of CommitteeSubject to this Act, each member of the Committee holds office for a term of 5 years. 5Vacation of office (1) The office of a member of the Committee becomes vacant on the expiration of the term for which he is appointed or if he – (a) dies; (b) resigns his office by writing under his hand addressed to the Minister; (c) ceases to hold the office, or to possess the other qualifications, by virtue of which he was appointed as a member; or (d) is removed from office by the Minister pursuant to subsection (2) . (2) The Minister may remove a member of the Committee from office – (a) for misbehaviour, negligence, or incompetence; (b) if, in the opinion of the Minister, the member has become incapable of performing his duties; (c) if the member is absent, without leave of the Committee, from 3 or more consecutive meetings of the Committee; or (d) if the member ceases to reside in the State. (3) Where a vacancy occurs in the office of a member of the Committee otherwise than by reason of the effluxion of time, the person appointed to fill the vacancy holds office only for the remainder of the term of office of the member in whose stead he is appointed. 6Procedure of the Committee (1) Three members constitute a quorum of the Committee. (2) The Committee shall hold its first meeting at such time and place as the Minister may fix, and thereafter the Committee shall, subject to section 8 (1) (d) (i) and (iii) , meet at such times and places as it thinks fit. (3) The chairman, or in his absence such other member as the members present may determine, shall preside at meetings of the Committee and has a deliberative vote. (4) Questions arising at meetings of the Committee shall be decided by a majority of the votes of the members present and voting thereon and, in the event of an equality of votes on a question, the chairman or other member presiding at the meeting has a second or casting vote. (5) Subject to this section, the Committee may regulate its own procedure. 7Remuneration of members of the Committee [Section 7 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 7 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The members of the Committee (other than members who are State Service officers or State Service employees) may be paid such remuneration as the Minister may determine. 8Functions, &c., of the Committee (1)  [Section 8 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Committee – (a) may, either of its own motion or when requested to do so by the Minister, carry out such investigations as it considers necessary to determine whether or not, having regard to – (i) such specific matters as are prescribed for the purposes of this paragraph; (ii) any reports submitted to the Committee pursuant to paragraph (b) ; and (iii) all other matters that the Committee considers relevant or that, in any particular case, the Minister directs it to take into consideration – it would be practicable to add fluoride to any particular public water supply; (b) for the purpose of carrying out such investigations as are referred to in paragraph (a) in relation to a public water supply, may require the Secretary of the Department to obtain and submit to the Committee such reports as it may require or as are prescribed with respect to – (i) the incidence of dental fluorosis or idiopathic mottling, or both, in the district that is served by that water supply; and (ii) the dental health of school children residing within that district; (c) after making such investigations as are mentioned in paragraph (a) , may make written recommendations to the Minister as to whether, in the opinion of the Committee, the addition of fluoride to the particular public water supply is or is not practicable, and – (i) [Section 8 Subsection (1) amended by No. 39 of 2009, s. 5, Applied:01 Oct 2009] if in the opinion of the Committee it is practicable to add fluoride to that water supply, shall recommend to the Minister in writing the method to be adopted for that purpose and the chemical (and the concentration thereof) to be used for that purpose; or (ii) if in its opinion it is not practicable to add fluoride to the public water supply, shall make to the Minister in writing such recommendations as it thinks desirable with respect to the alternative method (if any) to be adopted for the purpose of ensuring the daily ingestion of fluoride by the inhabitants of any district served by that water supply and the manner of achieving that purpose; (d) [Section 8 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 8 Subsection (1) amended by No. 39 of 2009, s. 5, Applied:01 Oct 2009] may approve a Code of Practicefor the fluoridation of public water supplies; (da) [Section 8 Subsection (1) amended by No. 39 of 2009, s. 5, Applied:01 Oct 2009] may monitor and report to the Minister on a relevant water supply authority’s performance and compliance with any Code of Practice approved under paragraph (d) ; (db) [Section 8 Subsection (1) amended by No. 39 of 2009, s. 5, Applied:01 Oct 2009] must monitor and report to the Minister on a relevant water supply authority’s performance and compliance with any direction given under this Act, including a direction under section 10(1)(a) or (b) , and any recommendations contained in such a direction; (dc) [Section 8 Subsection (1) amended by No. 39 of 2009, s. 5, Applied:01 Oct 2009] for the purposes of paragraphs (da) and (db)  – (i) must meet as often as may be necessary and, in any case, at least once in each period of 3 months; and (ii) may determine the methods by which, and the frequency with which, analyses of public water supplies are to be carried out, and the persons by whom they are to be carried out; and (iii) must notify the Minister, in writing, of each determination under subparagraph (ii) ; and (iv) must review, at intervals of not more than 6 months, the level of fluoride maintained in each fluoridated water supply as disclosed by such methods or tests as may be prescribed; and (v) must inquire into, and take such action as the Committee considers necessary to adjust, any discrepancy in the level of fluoride disclosed by a review under subparagraph (iv) ; and (vi) may, and if the Minister so directs must, inquire into, and report to the Minister on, any complaint made as to the operation of a fluoridated water supply or as to any other matter under this Act; and (vii) may require the Secretary of the Department to obtain and submit to the Committee such reports as it may require, or as may be prescribed, with respect to the matters referred to in paragraph (b)(i) and (ii) ; (e) may examine drugs, medicines, and dentifrices for the purpose of ascertaining their fluoride content, if any, and may make to the Minister such recommendations as it thinks desirable with respect to the packing, prescription, sale, and use of any such drugs, medicines, or dentifrices; (f) shall inquire into, and advise the Minister with respect to, industrial conditions, industrial processes, foods, dietary habits, or other matters (whether similar to the foregoing matters or not), and any changes therein, that could have the effect of increasing the intake of fluoride by persons generally, or by any class of persons, residing in a district that is served by a fluoridated water supply; (g) shall co-operate with departments and instrumentalities of the State in relation to the investigation and solution of problems connected with the health of persons engaged in industrial processes, being problems arising from the production, emission, or use in those processes of fluorine, or of any compound thereof, or of any fluoriferous materials; and (h) generally, may exercise such other powers and shall perform such other duties as are conferred or imposed on the Committee by or under this Act. (2) The Committee – (a) before making a recommendation with respect to the addition of fluoride to a public water supply, shall ascertain the amount of fluoride, if any, already contained in the water in respect of which it proposes to make the recommendation; and (b) [Section 8 Subsection (2) amended by No. 39 of 2009, s. 5, Applied:01 Oct 2009] if it recommends the addition of fluoride to that water supply, shall give such directions and impose such conditions, in relation to the addition of fluoride thereto, as it considers necessary for the purpose of ensuring that the amount of fluoride so ascertained, together with the amount of fluoride that the Committee proposes to recommend should be added to the water, is within the prescribed fluoride concentration range. (3)  [Section 8 Subsection (3) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] When the Committee makes to the Minister such a recommendation as is referred to in subsection (1) (c) (ii) the Minister may, by notice in writing, direct the permanent head or chief executive officer of such department or instrumentality of the State as the Minister thinks appropriate to do all such acts and things as are specified in the notice and as are within his legal competence for the purpose of giving effect to the recommendation. (4) The Committee may – (a) at any time after making a recommendation that fluoride be added to a public water supply – (i) rescind the recommendation; (ii) revoke or vary any directions given, or conditions imposed, by it pursuant to subsection (2) (b) ; or (iii) in lieu of those directions or conditions, give new directions or impose new conditions; and (b) at any time after making any other recommendation under this Act, rescind or vary the recommendation – and shall make to the Minister, in writing, such a recommendation as the Committee thinks necessary as the result of the action so taken by it. (5)  [Section 8 Subsection (5) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Where the Minister approves of any action taken by the Committee pursuant to subsection (4) (a) , he shall in writing advise the water supply authority (if any) to which the recommendation relates of the action so taken by the Committee and shall direct the water supply authority to do all such acts and things as are necessary for the purpose of giving effect to the recommendation of the Committee under that subsection. (6)  [Section 8 Subsection (6) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 8 Subsection (6) omitted by No. 39 of 2009, s. 5, Applied:01 Oct 2009] .  .  .  .  .  .  .  .   9Power of the Committee to require information and to enter on land (1) For the purpose of enabling the Committee to carry out its functions under this Act effectually the Committee or a person authorized by the Committee to act under this section (in this section referred to as an "authorized person") – (a) [Section 9 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] may require a water supply authority to furnish to it or to an authorized person such information in relation to a public water supply under the control of that authority as the Committee or the authorized person may from time to time require; (b) [Section 9 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] .  .  .  .  .  .  .  .   (c) may, at all reasonable times, enter on any land of, or under the control of, a water supply authority, being land in or on which any works, apparatus, or equipment used for the purposes of, or in connection with, a public water supply are or is constructed or situated, for the purpose of inspecting or testing the public water supply, or obtaining information from a study of the public water supply or from a study of any fluoridation works used in connection therewith; and (d) may require any person to furnish to the Committee or to an authorized person such information in the possession of the first-mentioned person in relation to a public water supply as the Committee or the authorized person from time to time requires. (2)  [Section 9 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, without reasonable excuse – (a) obstruct a person acting in accordance with subsection (1) (c) ; or (b) refuse or fail to furnish any information when so required under subsection (1) .

Penalty:  [Section 9 Subsection (2) amended by No. 39 of 2009, s. 6, Applied:01 Oct 2009] Fine not exceeding 50 penalty units.

10Fluoridation of public water supplies (1) Where the Committee makes a recommendation to the Minister that fluoride be added to a public water supply, the Minister, if he approves the recommendation, shall – (a) [Section 10 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] send to the relevant water supply authority a copy of the recommendation and direct the authority, in writing, to give effect to such matters contained in the recommendation as are specified in the direction within a time specified therein; and (b) [Section 10 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] direct that authority – (i) to allow the Committee or persons authorised by the Committee to enter on land under the control of that authority and used in connection with that water supply and to cause to be constructed or installed on that land such fluoridation works as may be necessary for giving effect to the recommendation; and (ii) generally to co-operate with the Committee and facilitate the exercise by or on behalf of the Committee of its duty to give effect to the direction given to it by the Minister under paragraph (a) . (2)  [Section 10 Subsection (2) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Where, pursuant to section 8 (2) (b) , the Committee has given any directions or imposed any conditions in relation to the addition of fluoride to a public water supply, a direction to the relevant water supply authority under subsection (1) (a) shall set forth the directions so given or the conditions so imposed. (3)  [Section 10 Subsection (3) substituted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] A water supply authority is to comply in all respects with a direction given to it by the Minister under this section. (4)  [Section 10 Subsection (4) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] A water supply authority must not add fluoride, or cause fluoride to be added, to a public water supply– (a) except in consequence of a direction given by the Minister under this section; or (b) otherwise than in accordance with the provisions of this Act and the terms of such a direction. (5)  [Section 10 Subsection (5) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 10 Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person, other than a person authorised by the Committee or a water supply authority acting under a direction in that behalf given to it by the Committee, shall add fluoride to a public water supply.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, an additional fine not exceeding 2 penalty units for each day on which the offence continues after conviction.

11Maximum and minimum concentration of fluoride [Section 11 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Where, pursuant to a direction under section 10 – (a) [Section 11 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] a person authorised under section 10(5) ; or (b) [Section 11 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] a water supply authority –adds fluoride to a public water supply, that person or that authority, as the case requires– (c) [Section 11 Amended by No. 39 of 2009, s. 7, Applied:01 Oct 2009] must cause the content of fluoride in that public water supply to be maintained within the prescribed fluoride concentration range; (d) shall not add, or permit to be added, to that public water supply fluoride in a form other than that specified in the direction; and (e) shall comply with any directions given or conditions imposed by the Committee under section 8 (2) (b) that are specified in the Minister’s direction under section 10 . 1213Elector polls relating to works [Section 13 Substituted by No. 30 of 1995, s. 3 and Sched. 1 ][Section 13 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A council must not hold an elector poll under Part 6 of the Local Government Act 1993 in relation to the addition of fluoride to a public water supply. 14Exemption of members of the Committee from liability [Section 14 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] A person who is or has been a member or acting member of the Committee is not personally liable for anything done or omitted to be done, in good faith, in or in connection with the exercise or purported exercise of any of the functions, powers, or duties of the Committee under this Act. 1516Offences and penalty (1)  A person who – (a) contravenes or fails to comply with any provision of this Act that is applicable to him; or (b) fails to comply with any direction given to him or requirement made of him under this Act – is guilty of an offence against this Act. (2)  [Section 16 Subsection (2) amended by No. 39 of 2009, s. 9, Applied:01 Oct 2009] [Section 16 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who is guilty of an offence against this Act for which no specific penalty is prescribed elsewhere in this Act is liable to a fine not exceeding 50 penalty units. 17Annual report and special reports (1)  [Section 17 Subsection (1) omitted by No. 39 of 2009, s. 10, Applied:01 Oct 2009] .  .  .  .  .  .  .  .   (2)  [Section 17 Subsection (2) amended by No. 39 of 2009, s. 10, Applied:01 Oct 2009] The Committee shall furnish to the Minister, as and when the Minister directs, such reports as the Minister may require in relation to particular matters. (3)  [Section 17 Subsection (3) substituted by No. 39 of 2009, s. 10, Applied:01 Oct 2009] The Director of Public Health must submit to the Regulator, within the meaning of the Water and Sewerage Industry Act 2008  – (a) a copy of any report by the Committee to the Minister under section 8(1)(da) ; and (b) a copy of the Committee’s report to the Ministerunder section 8(1)(db) . 18Regulations [Section 18 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ] (1)  [Section 18 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Governor may make regulations for the purposes of this Act, and, in particular and without affecting the generality of this subsection, may make regulations for or with respect to – (a) the protection of persons employed in adding fluoride to a public water supply from inhaling fumes or dust containing fluoride; (b) [Section 18 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] the qualifications of persons, other than persons who are State Service officers or State Service employees, employed in operating fluoridation works; (c) the disposal or destruction of containers from which fluoride has been removed for addition to a public water supply; (d) [Section 18 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] requiring a water supply authority to make or cause to be made analyses and tests of samples of water taken for such purposes as the Committee determines from such fluoridated water supply as the Committee directs and to forward to the Committee the result of those analyses and tests and to forward to the Committee samples of water so taken from that public water supply; (e) the method of making the analyses and tests referred to in paragraph (d) and the times or intervals at which those analyses and tests shall be made; (f) [Section 18 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] the records to be kept for the purposes of this Act by a water supply authority having the control of a fluoridated water supply; (g) the mode of carriage of fluoride and the construction and equipment of vehicles used for carrying fluoride; (h) the safe storage of fluoride and the construction and equipment of buildings used for the storage of fluoride; (i) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] the prevention of damage to fluoridation works and buildings used for the storage of fluoride; (j) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] the fluoride concentration range for public water supplies; (k) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] standards or guidelines for the quality of fluoride to be added to public water supplies; (l) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] requiring a water supply authority to prepare a contingency plan for unintended events, including fluoride concentration in a public water supply falling outside the prescribed fluoride concentration range; (m) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] requiring a water supply authority to notify the Committee and restore fluoride concentration in a public water supply if it falls outside the prescribed fluoride concentration range; (n) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] the timeframes for notification and restoration referred to in paragraph (m) ; (o) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] the maintenance by a water supply authority of fluoridation works under its control; (p) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] the development of an operational manual by a water supply authority for fluoridation works under its control; and (q) [Section 18 Subsection (1) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] requiring a water supply authority having the control of a fluoridated water supply to report to the Committee for the purposes of this Act. (2)  [Section 18 Subsection (2) amended by No. 39 of 2009, s. 11, Applied:01 Oct 2009] The Governor shall not make regulations for the purposes of section 8(1)(dc)(iv) or for the purposes of subsection (1) (d) except on the recommendation of the Committee. (3)  [Section 18 Subsection (3) inserted by No. 39 of 2009, s. 11, Applied:01 Oct 2009] The regulations may be made so as to apply differently according to such factors as are specified in the regulations. (4)  [Section 18 Subsection (4) inserted by No. 39 of 2009, s. 11, Applied:01 Oct 2009] The regulations may – (a) provide that a contravention of any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues. (5)  [Section 18 Subsection (5) inserted by No. 39 of 2009, s. 11, Applied:01 Oct 2009] The regulations may authorise any matter to be from time to time approved, determined, applied or regulated by the Committee. (6)  [Section 18 Subsection (6) inserted by No. 39 of 2009, s. 11, Applied:01 Oct 2009] The regulations may adopt either wholly or in part and with or without modification, and either specifically or by reference, any standards or guidelines of the National Health and Medical Research Council whether the standards or guidelines are published or issued before or after the commencement of this Act. 19Repeal Part VII of the Public Health Act 1962 is repealed.