Health Act 1898 (WA)

The Health Act, 1898.

(62nd Viet., No. 24.)

ARRANGEMENT OF SECTIONS.

Section. PART II.

1. Short title.	FINANCIAL.
2. Repeal.

3. Interpretation of terms. 26. Local Boards to make and levy Public

Health Rate.

27. Certain provisions of the Municipal Institutions Acts to apply to " Public Health Rate."

28. Expenses of Central and Local Boards.

PART I. 29. Accounts to be kept by Central Board

HEALTH AUTHORITIES. and submitted for audit.

30. Accounts to be kept by Local Board.

The Central Board of Health. 31. Form of account.

4. Appointment of Central Board of

Health.

5. Appointment of officers of Central

Board.

6. Salaries and expenses of Members of PART III.

Central Board. BY-LAWS, ORDERS, ETC.

7. Expenditure of Central Board and

certain expenditure of Local Board 32. Power to Central Board to make regu-

to be paid out of votes. lations, etc., and provision in case of

8. Power of Board to direct inquiries.	default of Central Board or Local.
9. Powers of persons directed to hold	Board.

inquiries. 33. Central Board to make by-laws as to

10.Power of Board to act in emergencies dairies, etc.

or where no Local Board exists. 34. Local Boards may make orders and

11. Power of police to proceed in certain by-laws.

cases against nuisances. 35. Penalties for breaches of by-laws.

12. Proceedings on complaint to Central 36. Confirmation of by-laws.

Board of default of Local Board. 37. Proposed by-laws may be inspected and

copies purchased.

38. By-laws.

Local Boards of Health. 39. Board may supply receptacles.

13. Municipal Council to constitute Local 40. Inspector to prosecute for breach of

Board for city or town. by-laws.

14. Areas outside municipalities. 41. By-laws to be certified by Law Officer

15. Districts outside and not adjoin- of the Crown.

ing municipalities.

16. Effect of inclusion of district in muni-

cipality.

17. District may be extended or con-

tracted. PART IV.

18. Officers of health-appointment, re- ADULTERATION OF FOOD AND UNWHOLESOME

muneration and duties. FOOD.

19. Power to enforce appointment of

officers, inspectors, and analysts to Description. of Offences.

councils. 42. Prohibition of the mixing of injurious

20. Removal of officers. ingredients, and of selling the same.

21. Inspectors to carry out instructions of 43. Prohibition of the mixing of drugs

Officer of Health. with injurious ingredients and of

22. Officers of Health to have power of selling the same.

Inspectors. 44. Exemption in case of proof of absence

23. Officers of Local Board. of knowledge.

24. No officers to be concerned in contract. 45. Prohibitions of the sale of articles of food and of drugs not of the proper nature, substance, and quality.

The Minister. 46. Reductions allowed for the several

25. Power of the Minister. sorts of spirits.

The Health Act, 1898.

47. Sale of compounded articles of food and compounded drugs. Persons convicted under this Act may

bring action against the original

48. Exemption from offences by giving vendor.

label.

49. Forbidding the abstraction of any part of an article before sale, and selling without notice.

50. No defence that milk is reduced in PART V.

value merely. COMMON LODGING 110E5E5.

51. No defence to allege adulterated articles were purchased for analysis 76. Registration of common lodging

or are not defective in three respects. 52. Prohibition of sale of milk of diseased houses.

77. Certificate of character required.

COWS.	78. Exemptions from registration.
Liability of servant.	79. A register to be kept.
Master's liability to servant.	80. Regulations to be made respecting

53. Regulation of sale of spurious butters.	lodging-houses.
Means by which they may be disin-

fected.

Unwholesome Food or Drugs. 81. Penalties for breach of regulations.

54. Diseased animals or unwholesome food or drugs may be seized.	82. Contents of register how to be proved.
83. Lodging-house keepers to report deaths

55. Penalty on importation or possession of diseased animals or unwholesome	to coroner when they occur in the
lodging-house.

food. 84. Notice of infectious diseases to be

50. Onus of proof. given by keeper.

85. Provisions for preventing the spread

Analysts and Analysis. of disease.

80. Access at all times to be given to

57. Appointment of analysts. officer.

58. One Local Board may engage analyst appointed by another.

87. Keeper to use sanitary precautions.

88. To make return of lodgers.

59. Power to purchaser of food or drug to have it analysed.

89. Penalties.

90. Keeper may be suspended.

60. Officer of either Board, or member of

police force may obtain sample and

submit to analyst.

91. Proceedings for offences.

61. Inspector may obtain samples.

62. Officer or constable may obtain a

sample of milk at the place of

delivery to submit to analyst. PART VI.

63. Provision for dealing with the sample when purchased. DWELLING HOUSES.

92. Houses may be declared unfit for

6 Provision when sample is not divided.	human habitation, and their occupa-
65. Provision for sending article to the analyst through the post office.	tion forbidden.
Penalty.

6. Person refusing to sell any article to 93. Overcrowding in houses.

any officer liable to penalty. 94. Prohibition of occupying cellar dwell-

7. Form of certificate. ings.

OS. Quarterly report of the analyst. 95. Penalty on persons offending against

enactment.

Proceedings against Offenders. 96. Definition of occupying as a dwelling.

09. Proceedings against offenders. 97. Power to close cellars in case of two

70. Certificate of analyst prinni facie evidence, miless he is required to be convictions.

98. Building not hitherto used as dwell-

called. ing not to be used without consent.

71. Justices or Court may send article to Central Board for analysis at request of either party.

72. Defendant to prove protection by- exemption or provision. PART VII.

73. Defendant who succeeds on a certain defence, of which he has not given INFANT LIFE PROTECTION.

due notice, may be ordered to pay 99. Houses of persons receivinginfants for

costs. musing to be registered.

74 Punishment for wilful misapplication 100. Register to be kept by Local Board.

of warranty.	101. Local Board may refuse to register.
For false warranty.	102. Registered persons to keep a register

For false label. of infants and to produce it.

75. Other remedies and contracts not to be 103. Forgery of certificate, etc.

affected. 101. Local Board may strike off register.

The Health Act, 1898.

105. Death of infant received for nursing. 135. Public disinfecting rooms and sale of

106. Punishment for offences against this deodorants.

Part of this Act.

1.07. Relatives, etc., of infant and certain Private Hospitals.

institutions exempted. 136. Local Boards may make by-laws for

private hospitals.

137. Offence of not registering.

138. Offence of conducting or assisting at

unregistered private hospital.

PART VIII.

INFECTIOUS DISEASES AND LAND QUARANTINE.

Provisions against Infection.

108. Local Board to report to Central Board PART IX.

on sanitary state of district.

109. Local Board to report epidemic disease, NUISANCES.

etc., to Central Board. NUiRtlices generally.

110. Governor may direct enforcement of

provisions to prevent disease. 139. Definition of nuisances.

111. Central Board may make regulations 140. Information of nuisances to Local

as to disease. Board.

112. The Central Board may direct appli- 141. Local Board to serve notice requiring

cation of the last preceding section. abatement of nuisance.

Definitions of diseases. 142. Power of individual to complain to

Meaning of "malignant" Justice of nuisance.

113. Treatment and custody of lepers. 143. Power to proceed where cause of

114. Certain persons to report occurrence nuisance arises without district.

of infections disease in certain dis-	141. Penalty for nuisance.
tricts.	145. Nuisance an offence.
Diseases to be reported to principal

teachers of schools. Offensive Trades.

Proof of existence of infectious or con- 140. Offensive Trades.

tagious diseases. 147. Premises to be registered.

115. Service for removal of excreta of per- 14S. Power of Local Board to refuse to

sons having typhoid fever. register offensive establishments.

116. Isolated houses, etc. 149. Duty of Local Board to complain to

1.17. Power of Board or councils to isolate Justice of nuisance arising from

houses temporarily. offensive trade.

118. Infectious diseases to be reported. 150. Power to proceed where nuisance

119. Duty of local authority to cause pre-	arises from offensive trade carried en
mises to be cleansed and disinfected. 120, Destruction of infected bedding, etc.	without district.

151. Offensive fumes to be rendered inoffen-

121. Provision of means of disinfection. sive.

122. Provision of conveyance for infected 152. Danger to health from premises in a

persons. filthy state.

123. Removal of infected persons without proper lodging to hospital by order of Justice.

Removal to hospital of infected persons

brought by ships. PART X.

125. Penalty on exposure of infected MISCELLANEOUS SANITARY PROVISIONS.

persons and things.

126. Penalty on failing to provide for dis- Division I.-Public Buildings.

infection of public conveyance. 153. Theatres, hospitals, and public build-

127. Infection in schools. ings.

1.28. Penalty on letting houses in which Meaning of public building.

infected persons have been lodging. :1.29. Penalty on persons letting houses 154. Regulations as to overcrowding, etc.,

in public buildings.

making false statements as to in-

fectious disease. Division. IL-Streets, Yards, Sowers, and

Drains.

Hospitals generally. 155. Lanes and yards to be paved.

130. Power of Local Board to provide for 156. Recovery by Local Board of expenses

reception of sick. incurred with respect to private roads.

131 On default by Local Boards chairman 157. Formation of right of way.

may be ordered to provide hospitals, 158. Drains or sewers may be made through

etc. private premises.

132. Hospitals.	159. Management of sewers and drains.
133. Recovery of costs of maintenance of	160. Management of drains on private

patient in hospital. premises.

134. Private hospitals. 101. Stagnant water-holes.

The Health Act, 1898.

162. Stagnant water in cellars, etc. PART XI.

163. Cellars, asphalting, etc.	ENFORCEMENT OP THIS ACT.
164. Low-lying land.

165. Brickmaking and other excavations to 197. Proceedings on complaint to Central

be fenced in, etc. Board of default of Local Board.

198. Power of police to proceed in certain

Division 111.-Offensive Matter, Nightsoil, cases against nuisances.

Privies, and Cesspools. 199. Local Boards to make inspections and

inquire into complaints.

166. Streets and other places to be cleansed. 200. Persons acting in the execution of this

167. Places to be provided for deposit of rubbish, sewage, etc. Act may inspect.

201. Penalties for obstructing the execu-

Local Board may contract for cleaning tion of this Act.

cesspits, etc. 202. Local Board may order works to be

168. Penalty on neglect of Local Board to done by occupier instead of owner.

remove refuse, etc. 203. Expenses recoverable.

169. Private premises to be cleansed. 201. Enforcement of duty with regard to

170. Periodical removal of manure from houses and other premises. land, etc.

205. Local Board may abate nuisances or

171. Transport of nightsoil.	execute works where owner cannot
172. Obtaining destructors, etc.	be found.

173. Power to make sanitary regulations. 200. Power of Local Board to enter and

174. Depots.	abate nuisances on unoccupied land
175. Regulation of use of nightsoil.	or where order to abate has been
176. Punishment for placing nightsoil in	neglected.

streets, etc. 207. Power to take possession of and lease

177. Punishment for placing offensive matter in gutters, etc. property on which expenses are due. 208. Notice to be given before taking pos-

178. Rate for removal of nightsoil. session.

179. Power to charge a pan rate. 209. Release of property after demand and

180. Houses to have privies. payment of expenses.

181. Public privies may be provided.	210. Lease.
182. Building in which many persons collected to have privies.	211. Application of rents.
212 After twelve years property to vest in

183. Construction and maintenance of drains, cesspools, etc. Crown.

213. Notice to be affixed on taking posses-

Local Board to ascertain if drains, etc., are nuisances. sion.

214. Costs and expenses recoverable in any

184. Cesspools below ground to be abol- court.

ished. 215. Costs and expenses of works to include

185. New cesspools for nightsoil forbidden. purchase money and compensation.

180. Keeping of swine. 216. Crown lands to he put into sanitary

condition.

Division IT.-Abattoirs and Slaughter- 217. Letters on health business to be free.

houses, etc. 218. Power to inspect register of births and

187. Prohibition of feeding swine on refuse.	deaths.
188. Paving and draining of abattoirs,

stables, etc.

189. No live stock to be slaughtered in Perth or Fremantle.

190. Burden of proof of ownership of PART XII.

animals. LEGAL PROCEEDINGS.

219. Other proceedings not affected.

Division V.-Pollution of Water. 220. Service of notices.

191. Power to Central or Local Board to prevent pollution of drinking water.	221.. The service of notices.
222. Continued operation of notices and

192. Power to close polluted wells. orders.

193. Penalty for throwing nightsoil into or placing it near rivers or running 223. Proceedings where nuisance is caused

by two or more liersons.

streams. 224. Name or limits of sanitary authority

191. Drainage into river, etc., may be need not be proved.

prohibited. 225. Appearance of local authorities in

195. Power to seize and destroy pigs, ducks, and geese trespassing on rivers, etc. legal proceedings.

226. Proceedings not to be quashed for

want of form.

Division 12--Prtvate and Public. Morgues.	227. False evidence punishable as perjury.
190. Board may license public and private	228. Protection of sanitary authority and

morgues. their officers from personal liability.

Penalty for keeping the bodies of dead 229. Evidence.

persons for purposes of business on 230. Documents signed by secretary to be

unlicensed premises. evidence.

The Health Act, 1898.

231. Simplification of proof in certain cases. 241. Sanitary authority may take proceed-

232. Power of officers of Boards to prose- ings hi superior court for abatement

cute. of nuisances.

233. Power to arrest without warrant in 242. Penalties for disobedience of this Act.

certain eases. 243. Execution by Local Board.

234. Power of Board to authorise person to 244. Proceedings by Minister in Supreme

sign for secretary. Court.

235. Sig,nature of secretary of Board judi- 245. Penalties unpaid to be enforced by

cially recognised. distress or imprisonment.

230. Evidence of by-laws, notices, etc. 240. Application of penalties.

237. Evidence of existence of by-laws, re- Express words giving right of re-

gulations, etc. covery to any person.

238. Proof of ownership.

239. Complaint before justices.

240. Appeal. SCHEDL, S.

Meant Cluaratta.

ANNO SEXAGESIMO SECUNDO

VICTORLE REGINIE.

*********************************************************

No. XXIV.

AN ACT to consolidate and amend certain Acts relating to Public Health, and to enlarge the Powers of Boards of Health.

[Assented to, Oth October, it ggg.]

E it enacted by the Queen's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows:—

1. THIS Act may be cited as the Health Act, 1898, and is short

divided into Parts, as follows: title

PART	I.—HEALTH AUTHORITIES, ss. 4-25.
PART	II.-- FI N A NCIAL, SS. 26-31.

PART IH .—BY-LAWS, ORDERS, ETC., SS. 32-41.

PART IV.—ADULTERATION OF FOOD AND UNWHOLESOME

FOOD OR DRUGS, ss. 42-75.

PART V.—COMMON LODGING-HOUSES, SS. 76-91.

PART VI.—DWELLING-HOUSES, ss. 92-98.

62° VICTORDE, No. 24.

Health Act, 1898.

PART VII.—INFANT LIFE PROTECTION, ss. 99-107.

PART VIII.—INFECTIOUS DISEASES AND LAND QUARANTINE.

ss. 108-138.

PART IX.—Nui gANcus, ss. 139-152.

PART X.—MISCELLANEOUS SANITARY PROVISIONS, SS.

153-196.

PART XI.—ENFORCEMENT OF THIS ACT, ss. 197-218.

PART KIL—LEGAL PROCEEDINGS, ss. 219-246.

2.     THE Acts mentioned in the First Schedule hereto are

Repeat hereby repealed: Provided that such repeal shall not affect

Anything duly clone or suffered under any enactment

hereby repealed ; or

Any right acquired or accrued, or liability incurred, under

any enactment hereby repealed ; or

Any security given under any enactment hereby

repealed ; or

Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed ; or

Any investigation, legal proceeding or remedy in respect of any such right, liability, security, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding, and remedy may be pursued as if this Act had not passed.

And provided that any By-laws not inconsistent with the pro- visions of this Act, duly made and published in pursuance of any of the Acts hereby repealed and in force on the passing of this Act, shall continue in force until altered or repealed by By-laws made under this Act.

Interpretation of 3. IN the construction and for the purposes of this Act, unless

terms. the context otherwise requires-

" Abattoir " or "slaughter-house" means and includes the build- ings and places commonly called abattoirs or slaughter- houses, and also knackers' yards, and any building or place used for slaughtering cattle, horses, or animals of any description ;

" Article of food " means not only all alimentary substances, whether solids or liquids, but also all eatables and drink- ables whatsoever, and all condiments and articles of confectionery ;

" Central Board " shall mean the Central Board of Health appointed under this Act ;

62° VICTORDE, No. 24.

Health Act, 1898.

Cesspool " means any receptacle for nightsoil or for noxious

or offensive matter below or above the ground ;

Common lodging-house" means a dwelling of any kind and any house, tent, or edifice, building, or other structure, permanent or otherwise, and any part of such premises (not being the licensed premises of a licensed victualler) in which persons are harboured or lodged for hire for a single night, or for less than a week at one time ; and also any such premises and parts thereof aforesaid where more than six persons are boarded or lodged for hire from week to week or for more than a week ;

" District" shall mean the district for which a Local Board is appointed under this Act or any Act repealed by this Act ;

Drain " means any drain of and used for the drainage of one building only, or premises within the same cartilage, and made merely for the purpose of communicating there- from with a sewer or any :like receptacle for drainage into which the drainage of two or more buildings or premises occupied by different persons is conveyed ;

" Drug " includes medicine for internal or external use ;

" Earth closet " means a seat similar to the seat of a privy,

and having underneath a bucket or other receptacle for excrement, with convenient apparatus for the supply of as much dry powdered earth or other deodorizing material as will completely cover the excrement every time the closet is used by any person ;

" House" means and includes tents and dwellings of any kind, and churches, schools, hotels, licensed victuallers' premises, factories, workrooms, common or other lodging-houses, or other buildings or premises, whether temporary or otherwise, and whether erected upon fee-simple lands, reserves, municipal lands, or on Crown lands ;

" Inspector " includes any acting or assistant inspector ;

" Land " means and includes messuages, buildings, and hereditaments, also rivers, streams, wells, and waters of every description, also easements of every description in respect of the foregoing particulars ;

" Local Board" shall mean a Local Board of Health appointed

under this Act or any Act repealed by this Act ;

" Milk" means the natural lacteal fluid, product of the cow, or any manufactured or manipulated article sold as milk, and intended for human consumption ;

62° VICTORIA No. 24.

Health Act, 1898.

" Minister " means the Minister of the Crown administering

this Act ;

" Officer " includes Inspector ;

" Owner " means the person who is, for the time being, entitled

to receive the rents and profits of the land or premises in connection with which the word is used, and whether on his own account or as the agent or trustee for any other person, or who would be entitled to receive the same if the land or premises were let at a rent ;

" Person " includes a partnership, company, or corporation.

" Public House " includes any house which is a common inn.

" Piggery " means any building, enclosure, or yard in which

one or more pigs are kept, bred, reared, or fattened for

purposes of trade ;

" Street " means and includes any highway and any public bridge, and any road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not.

PART I.—HEALTH AUTHORITIES.

The Central Board of Health.

Appointment of 4. FOR the purpose of carrying out the provisions of this Act

Central Board of	the Governor may appoint a Central Board of Health, consisting of
Health.	five members, one of whom shall be a legally qualified medical

See 50 Viet., 19, s.	4, practitioner, and shall be appointed as the president, and another
and Victorian

Health Act, 1890,	shall be a civil engineer, and another a practical builder ; and the
s. 19.	Governor may from time to time remove all or any of the persons so appointed, and, on the removal, death, or resignation of any member, may from time to time appoint some other person in his place, provided that the president shall always be a person qualified as aforesaid, and. that there shall always be a civil engineer and a practical builder among the members of the Central Board.
The powers and duties by this Act vested in and imposed on the Central Board may be exercised by a quorum of not less than three members thereof.
In the event of the absence of the president from any meeting, the members present shall elect one of their number to be chairman of such meeting ; and at all the meetings of the said Board the president or chairman shall have a vote, and, in case of an equality of votes, shall have a second or casting vote ; and during any vacancy in the Board, whether of the office of president or not, the continuing members may act as if no vacancy had occurred. At all meetings of the Board all questions shall be decided by a majority of the votes of the members present.

62° VICTORLE, No. 24.

Health Act, 1898.

5.

ON the recommendation of the Central Board, the Governor may from time to time appoint and remove a secretary, inspectors,	Appointment of
officers of Central
and such other officers of the Central Board as may be deemed	Board.
necessary for the purposes of this Act, all of whom shall receive	See 50 Viet., 10, s. 0.
such salaries as the Parliament determines ; but all persons who are officers of the Central Board at the commencement of this Act shall be deemed to be appointed under this Act.

6.

THE President and members of the Central Board shall respectively be paid such salaries as the Parliament determines, and,

Salaries and ex-

penses of Members

out of moneys from time to time appropriated by the Parliament for

of Central Board.

See Victorian

the expenses of the said Board. shall be repaid all travelling and

Health Act, 1890,

other expenses reasonably incurred by them in transacting the

s. 11.

business thereof.

7.

ALL expenses incurred by the Central Board, or incurred with the authority of the Governor by any Local Board, shall be

Expenditure of

Central Board and

certain expenditure

defrayed out of the moneys that may from time to time be appro-

of Local Board to be paid out of votes.

priated by Parliament for the expenses of the Central Board.

Ibid., s. 12.

8.

THE Central Board may from time to time cause to be made such inquiries as they think fit in relation to matters concerning	Power of Board to
direct inquiries.
Ibid., s. 13.
the public health in any place, or with respect to any matter to	38 & 39 Viet., c. 55,
which their sanction, approval, or consent is required by fins Act.	s. 293.

9.

WHERE for the purposes of any Act relating to the public health the Governor, or the Minister, or the Central Board shall direct	Powers of persons
directed to hold in-
an inquiry to be made by the Board, the Board or any member thereof	quiries.
or the officer directed to hold such inquiry shall, for the purposes of	Ibid., s. 14.
such inquiry, have free access at all reasonable times to all books, plans, maps, documents and other things belonging to any munici- pality or any contractor, and used in the performance or execution of any laws relating to the public health, and shall have in relation to witnesses and their examination and the production of documents similar powers to those vested in Justices by the Act of the fourteenth year of Her Majesty, numbered five, with power to compel the produc- tion of documents, and may enter and inspect any place or building or property, the entry or inspection whereof appears to them or him requisite for the purposes of such inquiry.

10.

IN any emergency or sudden necessity, of the existence of which emergency or necessity the Central Board shall be sole and	Power of Board to
act in emergencies
final judge, or in the case of any district or place which does not lie	or where no LocalBoard exists.
within the district of a Local Board, the Central Board may exercise
and perform any or all of the powers and duties vested in or imposed	Ibid., s. 15.
upon a Local Board by any Act relating to the public health ; and may, in case of such emergency or sudden necessity, make any

62° VICTORIIE, No. 24.

Health Act, 1898.

regulations for the abatement and prevention of nuisances, for the protection from pollution of water used for domestic purposes and for securing the healthfulness of persons collected in any encampment or otherwise; and where, in carrying out the provisions of this section, any medical certificate may be necessary for any of the purposes of any Act relating to the public health, such certificate may, if there be no health officer, be signed by any two legally qualified medical practitioners, and shall for all such purposes be as effectual as if signed by a health officer also.

WHERE it is proved to the satisfaction of the Central relation to the abatement of nuisances under this A ct, the Central Board, after due notice to such Local Board of their intention, may

Power of police to 11.

proceed in certain	Board that a Local Board have made default in doing their duty in
nuisances.
cases against
50 Vict., 19, s. 10	authorise any officer of police or member of the police force acting within the jurisdiction of the defaulting Board to institute any proceeding which the defaulting Board might institute with respect to the abatement of nuisances.

12.      WHERE complaint is made to the Central Board that a

Proceedings on com-

plaint to Central	Local Board has made default in enforcing any pros_ ions of this
Board of default of	Act which it is their duty to enforce, the Central Board, if it does
Local Board.	not proceed under the last preceding section, and is satisfied after
see 50 AMot. 19, s. 11	clue inquiry that such Local Board has been guilty of the alleged default, shall make an order limiting a time for the performance of the duty of the Local Board in the matter of such complaint. if such duty be not performed within the time limited in such order, the performance of such duty may be enforced by writ of mandamus, or the Central Board may appoint some person to perform such duty.
Any person appointed under this section to perform the duty of a defaulting Local Board shall, in the performance and for the purposes of such duty, be invested with all the powers of such Local Board, and the Central Board may from time to time remove any person so appointed, and appoint another in his stead.

Local Boards of Health.

Municipal Council	13.	THE Municipal Council of every city or town to which the
to constitute Local

Board for city or	provisions of the Public Health Act, 1886, by this Act repealed,
town.	have been, or the provisions of this Act shall hereafter, by order of
See 55 Viet., 22.	the Governor, be extended, shall constitute the Local Board of such city or town, and shall make by-laws for the better carrying out of the duties of such Local Board under this Act.

Areas outside	14. THE Governor may place any area of land outside a
municipalities.

59 Vict., 35, s. 5. municipal district and whether actually adjoining or not under

62° VICTORVE, No. 24.

Health Act, 1898.

the jurisdiction of the Local Board of such municipal district for

the purposes mentioned in this Act.

15. (1.) THE Governor may appoint any number of persons Districts outside

not exceeding seven to be a Local Board of Health for any district	and not adjoining
not forming part of a municipal district, and such Local Board	municipalities.
when so appointed shall enjoy the same powers and discharge	59 Viet., 35, s. 8.
the same duties within the district as are by this Act conferred and imposed on a Municipal Council of a city or town to which the provisions of this Act are extended.
(2.) The Governor may, from time to time, remove all or any of the persons so appointed, and on the removal, death, or resignation of any member of a Local Board, may from time to time appoint another person in his place.
(3.) The Local Board so appointed shall appoint one of their number to be chairman of the Board.
(4.) In the event of the absence of the chairman from any meeting of such Local Board, the members present shall elect one of their number to be chairman of such meeting ; and at all meetings of the Board the chairman shall have a vote, and, in case of an equality of votes, shall have a casting vote ; and during any vacancy in the Local Board, whether of the office of the chairman or not, the continuing members may act as if no vacancy had occurred; and at all meetings of the Local Board all questions shall be decided by a majority of the members present. The Local Board may make, alter, and rescind rules for regulating their own proceedings.

16. IN the event of any district for which a Local Board is Meet of inclusion

appointed by Order in Council as aforesaid, or any part of such of district in

district being constituted or included in a municipality, the members s. 12, with

of the Board shall thereupon cease to hold office, and all public

addition.

moneys then in the hands of the Board, or under its control, shall

be paid to the municipality.

17. THE area of any district defined for the purposes of a Local District may be

Board, appointed by Order in Council as aforesaid, may from time to	extended or contracted.
time be extended or contracted by the Governor by Order in	ibid., s. 13.
Council.

18. EACH Local Board shall appoint, subject to the approval Wirers of health—

of the Central Board, a legally qualified medical practitioner as	appointment, re-
officer of health of such Local Board's district ; and, subject to such	muneration andduties.
approval, may remove any such officer so appointed, and shall
thereupon appoint another in his stead. Such officer of health	50 Wet., 19, s. 13.
shall be paid a sum as remuneration for his services (being not less than Ten pounds for any year) as such Local Board may fix; and

62° VICTORT/E, No. 24.

Health Act, 1898.

shall perform such duties and in such manner as such Local Board may from time to time direct, and also such as are specially prescribed by any minute or order addressed by the Central Board to such Local Board.

Ibid., Victorian	Two or more Local Boards may, with the approval of the in directing the duties to be performed by such officer, and in remu- nerating him to an amount not less than that hereinbefore mentioned.
Health Act, 1800,	Central Board, join in the appointment of an officer of health, and
s. 20.
If any Local Board do not appoint or join in appointing an officer of health when requested so to do by the Central Board, or within two months from the occurrence of a vacancy in such office, it shall be lawful for the Governor, upon a recommendation from the Central Board, to appoint an officer of health for the district of such Local Board, and also to fix a sum as the amount of remuneration (not less than that hereinbefore mentioned) which shall be paid to such officer of health by the Local Board.

Power to enforce 19. EVERY Local Board, when reel ired by order of the Central

appointment of	Board, shall appoint officers of health, analysts, and inspectors for
officers, inspectors,
and analysts to	the due carrying out of the provisions of this Act.
councils.	If any Local Board does not, within two months after it has health, analyst, or inspector, or if any officer, analyst, or inspector shall have been removed by the Governor under the provisions of this Act, the Governor may appoint an officer of health, analyst, or inspector to such Local Board, and fix the rate of remuneration and travelling expenses which any person so appointed under this or the next following section shall receive from such Local Board.
Victorian Health	been required so to do by the Central Board, appoint an officer of
Act, 1800, s. 21.
Such remuneration and travelling expenses may be recovered by the person so appointed from such Local Board before any court of competent jurisdiction.
The Governor may appoint, or the Local Boards of two or more contiguous districts may combine in appointing, any inspector or analyst to act for two or more contiguous districts.
If such last-named appointment is made by order of the Governor, such order shall fix the proportion of remuneration and travelling expenses to be paid by each Local Board of such contiguous districts.

Removal of officers. •inspector of ally Local Board. 20. THE Governor may remove any officer of health, analyst, or

No officer, analyst, or inspector so removed shall be eligible for re-appointment without previous approval of the Governor.

62° VICTORLE, No. 24.

Health Act, 1898.

When any officer of health, analyst, or inspector is removed under the provisions of this section, the Central Board may, by order, Ib a	s. 22.
require the Local Board to fill up such vacancy as hereinbefore provided, and failing such appointment by the Local Board within two months, the Governor may appoint a successor to the person so removed.
No officer of health, analyst, or inspector so appointed by the Governor shall have the sum payable as remuneration for his services reduced, nor shall he be removed by any Local Board without the previous approval of the Governor.

OFFICERS of health are hereby empowered to give to any inspector appointed by the Local Board of their respective districts

Inspectors to carry

out instructions of

officer of health.

such directions and instructions as such officers may deem necessary

Ibid., s. 23.

from time to time for the due execution of this Act, and such

50 Viet., 19, s. 14.

inspectors are hereby required to faithfully obey and carry out any

directions or instructions so given.

21.

OFFICERS of health shall, in addition to the powers con- ferred on such officers by this Act, have all the powers hereby

Officers of health to

have power of

conferred on any inspector appointed by the Local Board of their

inspectors.

respective districts, and every inspector of the Central Board shall

50 Viet., 19, s. 15.

have all the powers hereby conferred on inspectors appointed by any

See Victorian

Health Ant, 1890,

Local Board, and may attend any meetings of a Local Board when

s.

and as directed by the Central Board.

22.

THE Local Board of Health shall from time to time appoint, subject to the approval of the Central Board, such officers and	Officers of Local
Board.
servants as may be necessary for the due carrying out of the pro-	Ibid., s. 16.
visions of this Act, and shall make such rules as may be neces-	Ibid., s. 25.
sary, specifying the duties and conduct of such officers and servants ; and may remove such officers or servants as the Board thinks fit ; and may direct to be paid to such officers and servants such wages, salaries, or allowances as the Local Board may deem reasonable.

23.

NO member, officer, or servant of the Central Board, or of any Local Board, shall be concerned or interested directly	No officers to be
concerned in
or indirectly in any bargain or contract entered into by such	contract.
Central or Local Board respectively; and if any such member, officer,
or servant, is so concerned or interested, or if any such member,	Ibid., s. 17.
officer, or servant, under colour of his office or employment, exacts,	Ibid., s. 26.
takes, or accepts any fee or reward whatsoever other than his proper salary, wages, remuneration, and allowances, he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall for each such offence incur a penalty not exceeding Fifty pounds.

24.

62° VICTOREE, No. 24.

Health Act, 1898

The Minister.

Power of the 25. ALL the powers, rights, and authorities vested in the Central

Minister.	Board shall, whenever he deems fit, be exercisable by the Minister,
Victorian Health	and when so exercised shall, if so ordered by the Minister, super-
Act, 1890, s. 18.	sede any act, direction, notice, or order of the Central Board ; and every officer, whether a member of the Central Board or not, and every servant of that Board shall at all times obey any order or direction of the Minister, and such officers and servants, for the purpose of carrying out such orders and directions, shall have all the powers of the Central Board, whether conferred on the Board by Act, regulation, by-law, or otherwise.
All orders, directions, authorities, consents, and receipts made or given, or purporting to be made or given by such officer or servant in any way relating to the purpose in respect of which he was authorised by the Minister to act shall, by all courts, officers, and persons whatsoever be deemed and taken to have the same force and effect as if such orders, directions, authorities, consents, or receipts (as the case may be) had been given by the Central Board.

PART IL—FINANCIAL.

26.       EVERY Local Board shall make and levy a special annual

LocalB oar ds

to make and levy	rate, to be called the Public Health rate, not exceeding sixpence in
Public Health Rate.	the pound, upon the annual ratable value of every house, store, shop,

50 Viet., s. 18, mill, tenement, or other building, piece of land, allotment, garden,

and see 60 Viet. 40,

s. 2. or other premises within the limits of the Municipality or District under the jurisdiction of the Local Board, and liable to be rated, as may be deemed necessary for the purposes of this Act.

Certain provisions 27. ALL the provisions of "The Municipal Institutions Act,

of the Municipal	1895," and of any Act or Acts amending the same, with reference to
Institutions Acts to
apply to "Public	the making, levying, liability for, payment of, and appeal against a
Health Rate."	rate or any arrears of the same, shall be applicable to the said Special or " Public Health Rate," to be made under the authority
Ibid., s. 19.	of this Act. And all the provisions of the said Acts or any of them relating to the enforcement and recovery by the Council of a rate made under " 'The Municipal Institutions Act, 1895," shall apply to the said Special or " Public Health Rate." Provided, however, that all powers, acts, and things whatsoever required or authorised by any of such last-mentioned provisions to be exercised or done by the Council or by the chairman shall or may be exercised or done by the Local Board or the chairman of a Local Board respectively (as the case may be) in respect of the said Special or " Public Health Rate."

Expenses of Central 28. ALL expenses incurred by the Central Board shall be and Local Boards. defrayed out of the moneys that may from time to time be

62° VICTORLEE, No. 24.

Health Act, 1898.

appropriated by the Parliament for the purposes of such Board,

Ibid., s. 20.

and all expenses incurred by any Local Board shall be defrayed out

of the " Public Health Rate."

THE Central Board shall cause accounts to be kept of all moneys received by such Board, and of the expenditure thereof for

Accounts to be kepi

by Central Board

and submitted for

the purposes of this Act, and shall submit such accounts at least

audit.

once a year to the examination of the Auditor General.

Ibid., s. 21.

29.

30. moneys received by such Board, and of the expenditure thereof for	EVERY Local Board shall cause accounts to be kept of all	Accounts to be kept
by Local Board.

the purposes of this Act, and such accounts shall be audited and

examined by the auditors of the municipality, or, if the Board	Ibid., s. 22.
has been appointed by Order in Council, by auditors appointed by such Board, at least once a year, and the auditors shall proceed in the audit in the same manner, shall have the like powers and authorities, and perform the like duties as in the case of auditing the municipal accounts. Each of such auditors shall ill respect of such audit be paid by the Local Board a fee of not less than One guinea. Within seven days after the completion of every such audit, the auditors shall report on the accounts audited and examined, and shall deliver such report to the clerk or secretary of the Local Board, who shall cause the same to be deposited in. the office of such Board, and shall publish an abstract of such accounts in
the Government Gazette.
31. Act of a Local Board shall be made up in such form and to such
THE accounts of the receipts and expenditure under this day in every year as the Central Board may appoint.	Form of account.

s. 23

PART III.—By-LA Ws, ORDERS, ETC.

32. rescind by-laws, directions, orders, and notices in the execution of	THE Central Board may from time to time make, alter, and	Power to Central
Board to make regu- lations, etc., and
this Act.	provision in case of

If at any time it appears to the Minister that it is desirable that a by-law be made for any of the purposes of, and pursuant to, the pro-	default of CentralBoard or Local
Board.
visions of any Act relating to the public health, he may order the	Victorian Health
Central Board or any Local Board to make such a by-law accordingly.	Act, 1590, s. 2s.
If such order be not complied with to the satisfaction of the Minister within two months, the Governor may exercise all the powers of the Central Board or Local Board, as the case may be, with regard to the making of such a by-law.
Every by-law so made by the Governor shall have the like force and effect as if the same had been made by the Central Board or Local Board, as the case may be, and it shall be deemed and taken to have been so made ; and the Minister, when such

62° VICTORLE, No. 24.

Health Act, 1898.

by-law has been made, shall forthwith notify to the Central Board and to any Local Board for which the same is made that such by-law is then in force.

Central Board to 33. THE Central Board may from time to time make, alter, and

make by-laws as to	revoke by-laws :-
dairies, etc.

s. 29.

(a.) For the inspection of all dairy farms and milk stores ;

(b.) For the inspection of the grazing ground of dairy cattle, and

for prohibiting the use of the same if likely to be pre-

judicial to health by affecting the milk or otherwise ;

(c.) For the inspection of cattle in dairies, and for prescribing and regulating the lighting, ventilation, cleansing, drainage, and water supply of houses, dairies, and cow sheds in the occupation of persons following the trade of cowkeepers or dairymen ;

(it) For prescribing the precautions to be taken for protecting milk against infection or contamination ;

(e.) For cleansing or disinfecting dairies, milk stores, milk shops, or milk yards, and for destroying or removing from any dairy, milk store, milk shop, or milk yard any diseased cows or other animals, or for removing any sick persons from the premises of any such dairy, milk store, milk shop or milk yard ;

( .f.) Providing for the registration of plumbers and gas-

fitters.

(g.) Prescribing the fees to be paid on such registration.

Ibid., s. 30. After the making of by-laws for the registration of plumbers and gasfitters, and while such by-laws are in force, all persons, unless registered as plumbers or gasfitters, who shall engage in or under- take any work as plumbers or gasfitters in any city or town shall be guilty of an offence against this Act.

Local Boards may	34. EVERY Local Board may, and if required by the Central
make orders and

by-laws.	Board shall, from time to time, subject to the provisions herein
50 Vict., 10, s. 24.	contained, make by-laws as hereinafter provided for the purpose of carrying this Act into execution within their jurisdiction; and may
Victorian Health
Act, 1890, s. 31.	from time to time repeal, alter, or amend any such by-laws, and that such by-laws shall be confirmed and published in manner hereinafter mentioned. Provided also, that such by-laws may be made to apply to and to have operation in the whole or any part of the place or places within the jurisdiction of the Local Board.

Penalties for 35. EVERY Local Board, by any by-laws so to be made by

breaches of by-laws. them, may impose such reasonable penalties as they think fit not

62° VICTOIME, No. 24.

Health Act, 1898.

penalty not exceeding Five pounds for each day during which such Ibid., s. 25.	exceeding Ten pounds for every breach of any such by-law, or a
breach shall be committed or continued ; but such by-laws shall be Ibid., s. 32.
so framed as to allow the justices before whom any penalty imposed thereby is sought to be recovered, to order the whole or part only (not being less than Five shillings) of such penalty to be paid.

36. NO by-law made by a Local Board under the authority of

this Act shall be of any force until it shall have been confirmed by a°„1.rmati° 0 by-

the Central Board, who are hereby empowered to allow or disallow	Ibi part s. 26.
the same as they think fit ; and no such by-law shall be confirmed

unless notice of the intention to apply for a confirmation of the same Ibid., s. 33, slightly

has been given in the city, town, or place for which such by-law altered.

has been made, fourteen days at least before the making of such application by posting a copy of such by-law in some conspicuous place in or upon the door of the office of such Local Board.

37. for confirmation of any by-law, a copy of the proposed by-law shall	FOR fourteen days at least previously to any such application	Proposed by-laws
may be inspected

he kept at the office of the Local Board, and all persons may at all	chased.and copies pur-
reasonable times inspect such copy without payment of any fee; and	Victorian Health
the Local Board shall furnish every person who applies for the same	Act, 1890, s. 34,
with a copy thereof or of any part thereof on payment of sixpence	slightly altered.
for every one hundred words so to be copied.

38. vide for the removal by the occupier or owner, or in case of his default EVERY Local Board may, in the by-laws to be so made, pro- By-laws.

by the Local Board, of dust, mud, ashes, rubbish, filth, blood, offal,	50 Vict., 19, s. 27, as
manure, dung, or soil collected, placed, or found in or about any	amended by 57 Vict.,
house, stable, cow-house, pig-sty, lane, yard, street, or place whatso-	s. 3.
33, and 59 Viet., 35,
ever, and preventing the placing or depositing thereof in any place
and for requiring the occupiers of houses or premises to provide	See Victorian
boxes or other specified receptacles for the temporary deposit of	Health Act, 1890,
s. 35.
house refuse, and for authorising. and directing the placing of such boxes or other receptacles at or between certain specified hours in places at or contiguous to such houses or premises con- venient for the discharge and removal of the contents of such boxes or receptacles, and for regulating the times and manner of the cleansing, emptying, and managing of earth-closets, privies, cess- pools, and places for the deposit of nightsoil, offal, blood, or other refuse matter, and for regulating the disinfecting or the deodorising of the nightsoil, offal, blood, or other refuse matter contained therein or removed therefrom, and for the prevention of nuisance or injury to health from the transport, deposit, or use as manure of nightsoil, offal, blood, or other offensive matter, and for the rendering the foundations of any new building and the ground over which such building is to be placed dry, sound, and well-drained, so that no water

62° VICTORLE, No. 24.

Health Act, 1898.

soakage shall lodge there from the drainage of buildings, and for the following and any other matters or things specially mentioned in this Act as matters in regard to which by-laws may be made by a Local Board (that is to say):

Requiring all existing cesspools to be cleansed and filled up to the satisfaction of the inspector within a calendar month of notice to that effect being given by the inspector to the owner or occupier ;

Requiring for each closet the supply of a sufficient number of receptacles for excrementitious matter, and to determine the size, shape, style, and materials to be used in the con- struction of such receptacles, and especially that they be interchangeable with others in the same district ;

Determining the mode and frequency of removal of such receptacles, and the disposal of the contents ;

Fixing the charge which may be made for removing each receptacle and replacing it by a clean one, and for any other sanitary service ;

Fixing the:charge for the removal of trade or house refuse ;

Determining to whom and on what conditions licenses to remove

nightsoil shall be issued ;

Imposing penalties on licensees for breach of conditions ;

For the mode of carriage of, and precautions to be observed in carrying meat to or from abattoirs or butchers' shops or premises ; also for the mode of carriage of and precautions to be observed in the carriage of bread and fruit.

For the registration annually with the Local Board of all persons carrying on the trade of cowkeepers, dairymen, or pur- veyors of milk, and the payment by each such person to the Local Board of a reasonable fee, not exceeding One pound for each such registration ;

For the inspection of the grazing ground of dairy cattle and, if found to be prejudicial to health by affecting the milk or otherwise, to prohibit the use of the same, and for the inspection of cattle in dairies, and the prescribing and regulating of the lighting, ventilation, cleansing, drainage, and water supply of houses, dairies from which milk is supplied to persons residing in a municipality, whether such dairies are or are not within the boundaries of such municipalities, and cow sheds in the occupation of persons following the trade of cowkeepers or dairymen ;

See 59 Viet., No. 35,

s. 3.

For the securing of the cleanliness of bakeries, milk stores, milk shops, and of milk vessels used for containing milk for sale by such persons ;

62° VICTORLE, No. 24.

Health Act, 1898.

For the prescribing of precautions to be taken for protecting milk against infection or contamination ;

For prescribing the time of and the precautions to be taken on the removal of pigwash and other filthy matter ;

For the cleansing of all vehicles and other things used for the carriage of meat to and from abattoirs, butcher shops, and other places ;

For the precautions to be taken in the carriage of articles of food in vehicles and other things for delivery to purchasers, and the way in which such articles shall be carried ;

For the prevention of the sale of diseased and unwholesome fruit in markets, warehouses, and shops, and for the destruction of cases and packing materials which have contained or surrounded such fruit

For the prevention of the storage or keeping of bone-dust, or artificial or other manure, so as to be a nuisance or injurious to health ;

For the prevention of the keeping of animals of any kind so as to be a nuisance or injurious to health ;

Defining an area within which swine may not be kept, and determining the conditions under which swine may be kept in any part of the Local Board's district ;

For the prevention of danger to the public from manufactories or places for the storage, keeping, or sale of inflammable materials ;

For the disinfection of, and the prevention of nuisance or injury to health from poultry yards, rags, or other materials used or stored in marine stores, flock, or bedding, or furni- ture manufactories;

For the regulation of noxious or offensive trades, businesses, or manufactories, whether established before or after the passing of this Act, in order to prevent or diminish the noxious or offensive effects thereof, and to prevent nuis- ance or injury to health arising therefrom; the position and manner of construction of privies, earth-closets, and cesspools or urinals ;

For the prevention of the use of steam whistles at factories or

other establishments so as to be a nuisance to any person ;

Specifying the time which may elapse between the giving of a

notice and the doing of a thing required by an inspector ;

For preventing nuisances arising from any offensive matter in

or running out of any manufactory, brewery, slaughter-

62° VICTORIA No. 24.

Health Act, 1898.

house, knacker's yard, butcher's or fishmonger's shop,

laundry, or, dunghill ;

And generally for the abatement and prevention of nuisances not hereinbefore, specified, and for securing the health- fulness of the district and of its inhabitants.

WHENEVER a Local Board of Health shall determine by changeable or otherwise, or boxes or receptacles for the reception of rubbish or refuse, it shall be lawful for such Board to supply the necessary receptacles, or any portion of them, out of its own funds ; and the Board may reserve the exclusive right to sell such pans, and may charge a reasonable price, not exceeding the cost for the same, and may recover the cost of the required number supplied to any owner or occupier who is under obligation to take one or more.

Board may supply 39.

receptacles.	by-law to adopt a system of pans or receptacles for nightsoil, inter-
57 Viet., No. 33, s. 3.

40.       EVERY inspector of any Local Board shall and is hereby

Inspector

I to p rose -

cute for breach of empowered, without any express order or direction of such Local

by-laws.

Ibid., s. 28.	Board, to take proceedings against any person offending against any
by-law made by such Local Board.

Ibid. , s. 37.

By-laws to be 41. NO By-law made under the authority of this Act shall have

certified by Law any force or effect until a Law Officer of the Crown shall have Officer of the crown. certified that the same is not contrary to law, and the same

shall have been approved by the Governor and published in the

Government Gazette.

PART IV.—ADULTERATION OF FOOD AND UNWHOLESOME FOOD.

Description of Offences.

Prohibition of the 42. NO person shall mix, colour, stain, or powder, or order or

mixing of injurious	permit any other person to mix, colour, stain or powder any article
ingredients and of
selling the same.	of food with any ingredient or material, if such ingredients be
Victorian Health	injurious to health, with intent that the same may be sold in that
Act, 1890, s. 40.	state, and no person shall sell any such article so mixed, coloured, stained, or powdered under a penalty in each case not exceeding Fifty pounds for the first offence. livery offence under this section after a conviction for a first offence hereunder shall be a Misdemeanour. for which the person, on conviction, shall be imprisoned for a period
not exceeding six months with hard labour.

Prohibition of the 43. NO person shall, except for the purpose of compounding as

mixing of drugs	hereinafter described, mix, colour, stain, or powder, or order or permit
with injurious
ingredients and of	any other person to mix, colour, stain, or powder any drug with any
selling the same.	ingredient or material, whether such ingredient or material injuri-
Ibid., s. 41.	ously affects the quality or potency of such drug or not, with intent

62° VICTORIX, No. 24.

Health Act, 1898.

that the same may be sold in that state, and no person shall sell any such drug so mixed, coloured, stained, or powdered under the same penalty in each case respectively as in the preceding section for a first and subsequent offence.

44. NO person shall be liable to be convicted under either of Exemption in case

the two last foregoing sections of this Act in respect of the sale of	of proof of absence
any article of food or of ally drug if he shows to the satisfaction	of knowledge.
of the Justices before whom he is charged that he did not	I bid., s. 42.
know of the article of food or drug sold by him being so mixed, coloured, stained, or powdered as in either of those sections mentioned, and that he could not with reasonable diligence have obtained that knowledge.

45. NO person shall sell to the prejudice of the purchaser any Prohibition of the

article of food or any drug which is not of the nature, substance, and	sale of articles of
quality of the article demanded by such purchaser under a penalty	food and of drugsnot of the proper
not exceeding Twenty pounds: Provided that an offence shall not be	nature, substance,
deemed to be committed under this section in the following cases	and quality.
(that is to say) :—	Ibid., s. 43.

(l .) Where any matter or ingredient not injurious to health has been added to the article of food or drug because the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the article of food or drug or conceal the inferior quality thereof :

(2.) Where the drug or article of food is a proprietary medicine, or is the subject of a patent in force, and is supplied in the state required by the specification of the patent :

(3.) Where the article of food or drug is compounded as in

this part of this Act mentioned:

(4.) Where the article of food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation or, being of known instability, has been unavoidably changed.

•

46. IN determining whether an offence has been committed Reductions allowed

under the preceding section by selling to the prejudice of the

for the several sorts

purchaser spirits not adulterated otherwise than by the admixture of

of spirits.

Ibid., s. 44.

water, it shall be a good defence to prove, except in the case of

42 & 43 Viet., c. 30,

spirits sold under a trade mark, that such a mixture has not reduced

s. 6.

the spirit more than twenty-five degrees under proof for brandy,

whisky, or rum, or thirty-five degrees under proof for gin.

62° VICTORIX, No. 24.

Health Act, 1898.

Sale of compounded 47. NO person shall sell any compound article of food or com-

articles of food and	pounded drug which is not composed of ingredients in accordance
compounded drugs.	with the details as given on the bottle or the package, under a penalty
Ibid., 5. 45.
Ibid., s. 7.	not exceeding Twenty pounds.

Exemption from 48. NO person shall be guilty of any such offence as aforesaid

offences by giving	in respect of the sale of any article of food, or a drug mixed with
label.	any matter or ingredient not injurious to health and not intended
Ibid., s. 46.	fraudulently to increase its bulk or measure, or conceal its inferior
Ibid., s. 8.	quality, if, at the time of delivering such article or drug, he supplies to the person receiving the same a notice by a label distinctly and legibly written or printed on or with the article or drug to the effect that the same is mixed, and stating the nature and composition of such mixture.

Forbidding the ab- 49. NO person shall, with intent that the same may be sold in

straction of any part	its altered state without notice, abstract from an article of food any
of an article before
sale, and selling	part of it so as to affect injuriously its quality, substance or nature,
without notice.	and no person shall sell any article so altered without making

s. 47. disclosure of the alteration, under a penalty in each case not

Ibid., s. 9. exceeding Twenty pounds.

No defence that 50. IN any prosecution under the provisions of the last preceding

milk is reduced in	section, it shall not be a good defence to prove that milk has been
value merely.	reduced in value merely by the removal of the whole or a portion of
Ibid., s. 48.	its cream, and such removal shall be deemed to injuriously affect the quality of such milk ; but nothing in this section shall prevent the sale of skimmed or separated milk if the vessel containing such milk shall have the words " skimmed milk " legibly marked thereon in some conspicuous place ; and no vessel containing milk from which any part of the cream has been taken shall have the word " milk " upon it without the word " skimmed " immediately before the word " milk," printed in type of the same size and character as the word "milk," under a penalty not exceeding Twenty pounds.

51.      IN any prosecution under this Part of this Act for selling to

No defence to allege

adulterated articles	the prejudice of the purchaser any article of food or any drug which
were purchased for
analysis or are not	is not of the nature, substance, and quality of the article demanded by
defective in three	such purchaser, it shall be no defence to any such prosecution to
respects.	allege that the purchaser having bought only for analysis was not
Ibid., a. 49.
42 & 43 Viet., c.	prejudiced by such sale. Neither shall it be a good defence to prove
30, s. 2.	that the article of food or drug in question, though defective in nature, or in substance, or in quality, was not defective in all three respects.

Prohibition of sale	52.	NO person shall sell, offer, keep, or deliver for sale, whether
of milk of diseased

cows.	wholesale or retail, or exchange, or authorise, direct, or allow the sale
Ibid., s. 50.

62" VICTORIIE, No. 24.

Health Act, 1898.

of any milk that is adulterated with water or any other fluid or sub- stance or milk from cows suffering from anthrax, tuberculosis, or pleuro-pneumonia, or suffering from any disease from time to time declared by the Governor by notice in the Government Gazette to come within the meaning of this section. Milk shall be deemed to be. adulterated when it contains less than 3 per cent. of butter fats and 8 . 5 per cent. of solids, not fat ; ash, 0 . 7 per cent.

The Court before whom any person is charged with an offence against this section shall dismiss the charge if it appears to the Court that the defendant took all reasonable and practicable means to inquire and ascertain whether or not the milk so sold by him, or so allowed to be sold, came from cows suffering as aforesaid.

No person shall sell as new or fresh milk diluted condensed milk, or milk with which diluted condensed milk has been mixed.

In any prosecution with respect to the sale or delivery of

Milk, it shall be no defence that the defendant is onl y the servant or Liability of servant.

agent of the owner of such milk, or is only entrusted for the time

being with such milk by such owner, but such servant or agent and

such owner shall both be liable.

If such defendant, being a servant or agent, prove that he delivered such milk in the same state in which he received it from	Master's liability	to
servant.
his master or employer, and without knowledge that the nature, substance, or quality of such milk was injuriously affected, he may, notwithstanding that such master or employer has himself been convicted and fined, recover in any court of competent jurisdiction from such master or employer the amount of any penalty in which
he may have been convicted in respect of such prosecution, together
with the costs paid, or to be paid, by him upon such conviction, and those incurred by him in and about his defence thereto.
Where a servant or agent is so convicted, the court may, if it think fit, suspend the operation of such conviction for any period not exceeding three months as it shall consider long enough to enable him to recover the amount thereof from his master or employer. For the purposes of this section " cream " shall be deemed to be " milk."

53. NO person shall make, prepare, or compound for sale, Regulation of sere

sell, offer, keep, or expose for sale any compound of fats, oils, or of spurious butters.

similar substances other than the fat of milk, or any article not made Ibid., s. 51.

exclusively of milk or cream, or both, with or without salt or other

preservative, and with or without the addition of colouring matter,

and not the legitimate product of the dairy, in imitation of or as a

substitute for butter, unless a conspicuous and legiblabrand or mark

indicating the nature of such compound is placed upon each piece

62° VICTOREE, No. 24.

Health Act, 1898.

or pat, and on every jar, parcel, cask, case or package that contains

any such compound or article.

Any such compound or article not being genuine butter, and not being branded or marked as herein provided, may be forthwith seized and destroyed or otherwise disposed of by any officer of the Central Board or of an y Local Board without any other authority than this Act.

Unwholesome Food or Drugs.

Diseased animals or 54. ANY officer of the Central Board or of any Local Board, or

unwholesome food	any member of the police force, may at all reasonable times in the
or drugs may be
seized.	day-time, and with respect to those shops, places, or premises where
50 Viet., 19, s. 31.	articles of food or drugs are usually manufactured, prepared, or sold
Victorian Health	during the night, at any hour of the day or night, enter into and
Act, 1890, s. 52.	inspect any abattoir or slaughter-house, or any butcher's, poulterer's, or fishmonger's shop, or any shop, store, bakery, dairies, warehouse, bonded or free store, auction room, custom house, shed, or any place or premises, or any part thereof, which he may have reasonable ground for believing is kept or used for the slaughter or for the sale or storage or preparation for sale of any animals or carcasses of animals, or any meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, tea, sugar, or milk, or any articles used or which he may have reasonable ground for believing are intended to be used as food or drugs for human consumption, and may inspect any such animals, carcasses, or articles, and may inspect any articles of food or drugs which are being conveyed through the public streets or roads by any butcher, baker, milkman, grocer, dealer, hawker, or other person, and may examine and cut open any articles or packets or cases of articles contained therein or conveyed thereby, and may remove portions of such articles for examination, or analysis, and may seize any of such animals, carcasses, or articles which are or appear to him to be diseased or deleterious to health or unwholesome, or any meat which has been blown, spouted, greased, stuffed, or pricked, and may destroy such articles or portions thereof as are or as before they are claimed become decayed or putrefied ; And any person claiming any animals, carcasses, or articles so seized may within forty-eight hours after such seizure complain thereof to ally justice, and such complaint may be heard and determined before any two justices, who may either confirm or disallow such seizure wholly or in part, and may order the animals, carcasses, or articles so seized, or some, or portion of them, to be restored; and in the event of no such complaint being made within forty-eight hours after such seizure, or of such seizure being confirmed, the animals. carcasses, or articles as to the seizure of which no complaint has been made, or the seizure of which has been confirmed, shall thereupon become the property of the Local Board of Health, or in case such seizure has been made by an

62° VICTORIAE, No. 24.

Health Act, 1898.

officer of the Central Board or the Crown, shall be destroyed or otherwise disposed of so as to prevent their being used for human consumption.

55.      IF any person sells or imports, or has in his possession

or under his control for the purpose of sale or storage or prepara- ttonnitolit.Y3 :IsLion for sale for human consumption, any meat, poultry, game, diseased animals or flesh, fish, fruit, vegetables, corn, bread, flour, tea, sugar, milk, unw holesome food. or any articles of food of a. nature deleterious to health or Ibid. , s. 32.

unwholesome, or any meat which has been blown, spouted, greased, Ibid., s. 53.

stuffed, or pricked, such person shall be guilty of an offence against this Act, and shall be liable, on conviction thereof, to pay any expenses incurred in the inspection, seizure, and disposition of such articles as hereinbefore provided, and shall also be liable to a penalty not exceeding Twenty pounds, and not less than Five pounds, for every such offence, and for any second or any subsequent offence to a penalty not exceeding Fifty pounds, and not less than Five pounds ; and if any person sells or imports, or has in his possession or under his control for the purpose of sale or storage or preparation for sale for human consumption, any diseased animals or carcasses of animals, or if any person exposes or leaves, or causes to be exposed or left in any market or sale yard, or at any auction, or drives or causes to be driven to any market, auction, or sale yard for sale any animal suffering from pleuro-pneumonia, tuberculosis, anthrax, fluke, or any disease or ailment whatsoever to such an extent as to render such animal when slaughtered unfit for human consumption, he shall be guilty of an offence against this Act, and shall be liable, on conviction thereof, to pay any expenses incurred in the inspection, seizure, and disposition of such animals or carcasses, and to a penalty for any such offence not exceeding One hundred pounds, and not less than Five pounds, or to imprisonment for a term not exceeding two years ; and no officer of the Local Board nor any member of the police force seizing- any article of food or drugs, or any animal, and no inspector of stock or sheep seizing any animal shall be liable for any costs, expenses, or damages on account of such seizure if lie acted under a reasonable belief that such article of food or drugs was unwholesome or that such animal was diseased.

Provided that no person shall be convicted under this section if he satisfies the Court or Justices that he offended against the pro- visions thereof without knowledge that such articles of food or drugs were unwholesome, or such animals diseased, and could not with reasonable diligence have obtained such knowledge.

56.      IF in any case under this Part of this Act it appears that Onus of proof

the animals, carcasses, or articles as aforesaid are of a kind usually Ibid., s. 33.

Ibid., s. 54.

62° ITICTORIX, No. 24.

Health Act, 1898.

used as food for human consumption, the proof that such animals, carcasses, or articles were not intended for human consumption or for sale for human consumption shall be on the party contending that they were not so intended.

Analysts. and Analysis.

Appointment of 57. THE Local Board of any district may in all cases, as and

analysts.	when vacancies ill the office occur, and when required so to do by
Victorian Health	the Central Board shall, -for their respective districts appoint one or
Act, 1890, s. 55.	more persons (not being persons engaged directly or indirectly in
38 & 39 Viet., c. 63,	any trade or business connected with the sale of articles of food or
s. 10.	drugs within that district) possessing competent knowledge, skill, and experience, as analysts of all articles of food and drugs sold within their districts respectively, and shall pay to such analysts such remuneration as may be mutually agreed upon, and may, as they deem proper, remove him or them; but such appointments and removals shall at all times be subject to the approval of the Central Board, who may require satisfactory proof of competency to be supplied to them, and may give their approval absolutely or with modifications as to the period of the appointment and removal, or otherwise.

One Local Board 58. ANY Local Board may agree that the analyst appointed by

may engage analyst

the Local Board of any other district may act for their district

appointed by

another.

during such time as may be thought proper, and shall make due

Ibid., s. 50.

provision for the payment of his remuneration ; and, if such analyst

Ibid., s. 12.

consent, he shall, during such time, be the analyst for such districts

for the purposes of this Act.

Power to purchaser 59. ANY purchaser of an article of food or of a chug in any

of food or drug to	place, being a district where there is an analyst appointed under this
have it analysed.	Act, shall be entitled, on payment to such analyst of a sum not
Ibid., s. 57.	exceeding Ten shillings and sixpence (or, if there be no such analyst
Ibid., s. 12.	then acting for such place, to the analyst of any district where there is an analyst appointed under this Act, on payment of such sum as may be agreed upon between such person and the analyst) to have such article analysed by such analyst, and to receive from him a certificate of the result of his analysis.

Officer of either 60. ANY officer of the Central Board, or of a Local Board, and

Board, or member	any member of the police force may, at the cost of the Board by
of police force may
obtain sample and	which such officer is appointed, or in whose district such member
submit to analyst.	of the police force then is, procure a sample of any article of food or
Ibid., s. 58 (slightly	of a drug, and if he suspects that the same was sold to him contrary
altered).	to any provision of this Act, shall submit the same to be analysed
Ibid., s. 13.	by the analyst of the place, being a district in which the purchase

62° VICTORVE, No. 24,

Health Act, 1898.

was made, or, if there be no such analyst then acting for such place, to the analyst of any district where there is an analyst appointed under this Act, and such analyst, upon receiving payment as is provided in the last preceding section, shall, with all convenient speed, analyse the same, and give to such officer or member of the police force a certificate specifying the result of such analysis.

61.

WHENE V ER any inspector has reason to suspect that any article of food or any drug exposed, kept, or offered for sale is

Inspector may ob-

tain samples.

adulterated, unwholesome, or in any way injuriously affected, he

Ibid., s. 59.

shall obtain samples of the same and shall convey or send the same

to the analyst of the Local Board for analysis.

In any prosecution for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality demanded by such purchaser, if it appears to the Court or the Justices that the offence is sufficiently proved without an analysis, the proof of an analysis shall, notwith- standing anything in any Act, not be necessary to conviction for such offence.

If an analysis is required for the purpose of any such prosecution, it shall be no defence to allege that the person who instituted such prosecution is not the person who caused such analysis to be made.

Any person improperly removing or tampering with the seal or fastening of any wrapper, cover, or vessel containing any sample, or part of a sample taken for the purpose of analysis, under the provisions of any Act relating to the public health, shall be guilty of an offence against this Act.

ANY officer of the Central Board, or of any Local Board, or any member of the police force may, at the expense of the Board	Officer or constable
may obtain a sample of milk at the place
by which such officer was appointed, or in whose district such	of delivery to sub-
member of the police force then is, procure at the place of delivery	mit to analyst.
a sample of any milk in course of delivery to the purchaser or	Ibid., s. 60.
consignee of such milk ; and such officer or member of the police	42 & 43 Viet., c. 30,
force, if he suspects the same to be sold contrary to the provisions of	s. 3.
this Act, shall submit the same to be analysed.

62.

THE person purchasing any article with the intention of submitting the same to analysis shall, after the purchase has been

Provision for deal-

ing with the sample

completed, forthwith notify to the seller or his agent selling the

when purchased.

article his intention to have the same analysed by the analyst, and

shall offer to divide the article into three parts to be then and there

Ibid., s. 61.

38 & 39 Viet., c. 63,

separated, and each part to be marked and sealed or fastened up in

s. 14,

such manner as its nature will permit, and shall, if required to do so, proceed accordingly, and shall deliver one of the parts to the seller or his agent.

63.

62° VICTORIAE, No. 24.

Health Act, 1898.

He shall afterwards retain one of the said parts for future comparison, and submit the third part, if he deems it right to have the article analysed, to the analyst.

62° VICTORLE, No. 24.

Health Act, 1898.

be sufficient to designate him as the " owner " or " occupier " of

such premises without name or further description.

224. IN any proceeding instituted by or against a Local Board Name or limits of

under this Act, it shall not be necessary for the plaintiff or com-	sanitary authority
plainant to prove the constitution or limits of the district of the	Ibid., s. 118.need not be proved.
Local Board, nor the appointment of the members thereof.	Ibid., s. 306.

225. AN Y Local Board may appear before any Court or in any Appearance of local

legal proceeding by their secretary or by any officer or member	authorities in legal
authorised generally or in respect of any special proceeding by	proceedings.
resolution of such board, and their secretary or any officer or member	Ibid., s. 110.
so authorised shall be at liberty to institute and carry on any	Ibid., 308.
proceeding which such Local Board is authorised to institute and carry on under this A ct, and any such proceeding may be instituted and carried on in the name of the Local Board as i.f such Board were incorporated by such name.

226. NO order, conviction, or thing made or done in, or relating Proceedings not to

to the execution of this Act shall be vacated, quashed, or set aside	be quashed for want
for want of form, or (unless otherwise expressly provided by this Act)	of form.
be removed or removable by certiorari or any other writ or process	Ibid., s. 120.
whatsoever into the Supreme Court : Provided that nothing in this	Ibid., s. 300.
section shall prevent the removal of any case stated for the opinion of such Court or of any order, conviction, or thing to which such special case relates.

227. ANY person who, on e xamination on oath under any of False evidence

the provisions of this Act, wilfully and corruptly gives false evidence,	punishable as per-
shall be liable to the penalties inflicted on persons guilty of wilful	jury.
and corrupt perjury.	Ibid., s. 310.
Ibid., s. 121.

228. NO matter or thing done and no contract entered into by Protection of sani-

the Central Board or any Local Board, and no matter or thing clone	tary authority and
by any member of any such Board, or by any officer of any such	Personal liability.their officers from
Board or other person whomsoever acting under the direction of any	Ibid., s. 122.
such Board shall, if the matter or thing were clone or the contract	Ibid , s. 311.
were entered into bona fide for the purpose of executing this Act,	38 & 30 Viet., 0. 55,
subject them or any of them personally to any action, liability, claim,	part s. 265.
or demand whatsoever ; and any expense incurred by any such Board, member, officer, or other person acting as last aforesaid shall be borne and repaid out of the moneys applicable by such Board to the general purposes of this Act.

229.       WHERE under this Act it is directed that any by-law,

Evidence.

order, or regulation shall be published in the Government Gaze/f: ,	Ibid., s. 117.
the production of a copy of the Gazette containing a copy of such	Ibid., s. 315.

62° VICTORIES, No. 24.

Health Act, 1898.

by-law, order, or regulation shall be evidence in all legal proceedings of the due making and approval of such by-law, order, or regulation without further or other proof, unless the contrary be shown.

Documents signed 230. ALL documents whatever, purporting to be issued or

by secretary to be

written by or under the direction of the Central Board, and

evidence.

purporting to be signed by the secretary of the said Board, shall be

Ibid., s. 8.

received as evidence in all courts of law, and shall be deemed to be

Ibid., s. 316.

issued or written by or under the direction of the said Board without

further proof, unless the contrary be shown.

The word " documents" in this section shall include all regulations, orders, directions, and notices.

231.       IN any prosecution or other legal proceeding under the

Simplification of

proof in certain	provisions of any Act relating to the public health, instituted by or
cases.	under the direction of the Central Board, or any Local Board, or by
Victorian Health	any inspector or other officer of such Central or Local Board or by
Act, 1890, s. 312.	any member of the police force, no proof shall be required

Of the persons constituting or the extent of the jurisdic-

( 1. ) tion of the Board ;

Of any order to prosecute, or of the particular or general

( 2 ')

appointment of any such inspector, officer, or member of

the police force ;

Of the authority of any such inspector, officer, or member

of the police force to prosecute ;

Of the appointment or of the residence within the district of any council of any officer of health or any analyst to such council ;

Of the presence of a quorum of the Central Board or (6.) Of the use by the person purchasing any article for analysis pursuant to the provisions of section sixty-one of this Act of the exact words of such section so long as it appears to the Justices that the seller was substantially informed of such person's intention to have such article

(5.)

Local Board making any order at the making thereof

until evidence is given to the contrary ;

analysed ; nor -

Of the fact that the Board has not consented to the open-

(7.) ing of any public building if such consent is denied in the summons, but the defendant may prove such consent.

Power of officers of any Local Board, or any member of the police force may prosecute 232. ANY inspector or other officer of the Central Board, or of

Boards to prosecute.	any
Ibid., 5. 313.	for any breach of or offence against any Act relating to the public health, or any by-law, regulation, or order made under the provisions of any such Act. No fee shall be payable on the issue of any summons under this section.

62° vie rrom/E, No. 24.

Health Act, 1898

233.       ANY person whatsoever without warrant may apprehend

any person found offending against any of the provisions of Sections without warrant ill Power to arrest

One hundred and twelve, One hundred and twenty-four, One certain cases.

hundred and seventy two, One hundred and sei , tidy three, 0 nehundred Ibid., s. 314.

and seventy-four, or One hundred and ninety of this Act, and may forthwith take and convey such person so found offending before some justice to be dealt with according to law, or may deliver him to any constable or other peace officer to be so taken and conveyed, and such constable or peace officer shall take and convey him accordingly.

234.       WHEN by the provisions of any Act relating to the public

health any papers, documents, or notices are required to be signed by authorise Boars to i to

Board of any sign for secretary.

district, such papers, documents, or notices may be signed by any	Ibid., s. 317.
person whom the Central Board or the Local Board authorises and directs to act for and in the place of such secretary, and shall when so signed be as good, valid, and effectual for all purposes as if signed by such secretary.

235.       ALL courts and all persons having by law or by consent

of parties authority to hear, receive, and examine evidence shall take Signature of seem- tan, of Board

judicial notice of the signature of the secretary of the Central Board ii,diciany

and of the secretary of a Local Board, provided such signature be recognised.

attached for the purpose of verifying any document, regulation, ibid., s. 318.

by-law, order, or official certificate under any Act relating to the

public health.

236.       A COPY of any order, authority, consent, or notice made

or given by a Local Board and signed and certified by the secretary Evidenceof by-laws,	• notices, etc.
of such Local Board to be a true copy and to have been duly made,

confired, or given, and a copy of any notice given by or under the Ibid., s. 319. m

authority of this Act and so signed and certified by an inspector of 50 Viet.,	19, s. 29.
the Local Board shall, unless the contrary is shown, be evidence in all legal proceedings of the due making, existence, confirmation, or giving of such order, authority, consent, or notice without further or other proof.

237.       THE making, confirmation, or existence of any by-law or

Evidence of

regulation of a Local Board may be proved in the same manner as	existence of by-laws,
the making, confirmation, existence, or giving of any order, authority,	regulations, etc.

consent, or notice of such Local Board under the last preceding	s. 320.
section. Any original by-law, regulation, order, notice, authority, or consent of any Local Board may be given in evidence before any Court or before Justices if certified by the secretary of such Board

62° VICTOREE, No. 24.

Health Act, 1898.

to be true and to have been duly made, confirmed, given, or passed as 'the case may be. Such certificate shall, until the contrary be shown, be evidence of the facts therein stated.

238. IN any legal proceedings under the provisions of this (1.) Evidence that the person proceeded against is rated in respect of any land or premises to any general rate for the municipality within which such land or premises are situated ; and

Proof of ownership.	Act
Ibid., s. 321.

(2.) Evidence by the certificate of the registrar of deeds or his substitute that any person appears from any memorial of registration of any deed conveyance or other instrument to be the owner or proprietor of any land, and evidence by a certificate signed by the registrar of titles or any assistant registrar and authenticated by the seal of the office of titles that any person's name appears in any register book kept under the Transfer of Land Act, 1893, as owner or proprietor of any land

shall, until the contrary is proved, be evidence that such person is owner, proprietor, or occupier (as the case may be) of such land or premises.

All Courts and all persons having by law or by consent of parties authority to hear, receive, and examine evidence shall, for the purposes of any Act relating to the public health, take judicial notice of the signatures of such registrars, substitute, and assistant registrars whenever such signature is attached to such certificate.

If the person appearing to be the owner of any land is absent from Western Australia, or cannot after reasonable inquiries, be found, any occupier, or any agent, or person, advertising or notifying himself by placard or otherwise, as authorised to deal with such land in any way shall, for the purposes of any legal proceedings under this Act, be deemed to be such owner : Provided that such occupier, agent, or person, who has on conviction under this Act paid any penalty, or has under this Act been compelled to bear any expenses, or to pay any costs in respect of such lands, whether under compulsion of legal process or not, may recover from such owner such penalty, expenses, and costs ; and provided also that nothing in this section shall exclude or take away existing methods of proof.

Complaint before 239. ALL complaints of offences under this Act shall (save as

justices.	is herein otherwise provided) be heard and determined, and all
50 Viet., 10, s. 123.	moneys, costs, and expenses made payable or recoverable hereby may

62° VICTORI1E, No. 24.

Health Act, 1898.

be recovered in a summary way before two or more Justices of the Victorian Health

Peace. Act, 1890. s 322

240. ANY persons who feels himself aggrieved by any con-

viction or order of any Justices under this Act may appeal from such Appeal.

conviction or order to the Supreme Court : Provided that notice of Ma" s ' 124'

such appeal be given in writing by or on behalf of the appellant to the convicting Justices, or one of them, and to the complainant within three clays after such conviction, exclusive of the day on which such conviction was made, and provided that such notice shall state the grounds of appeal, and every such appeal shall be entered for hearing within one month after such conviction.

241. NOTWITHSTANDING anything hereinbefore contained, Sanitary authority

any Local Board may, if in their opinion summary proceedings would	may take proceed-
afford an inadequate remedy, cause any proceedings to be taken	court for abatement
ings in superior
against any person in the Supreme Court to enforce compliance	of nuisances.

with any order given under this Act, or the abatement or pro- s. 126.

hibition of any nuisance under this Act, or for the recovery of any	Ibid., s. 325.
penalties or expenses from or for the punishment of any persons	38 t 39 Viet e. 55,
s. 107.
offending against the provisions of this Act, and nary order the expenses of and incident to all such proceedings to be paid out of the fund or moneys applicable by them to the general purposes of this Act.

242. WHERE anything is by this Act, or by any by-law, regu- Penalties for diso-

lation, notice, order, or direction of the Central Board, or by any	bedience of this Act.
order, notice, direction, or by-law of any Local Board made under the authority of this Act, directed to be done or forbidden to be done,

or where any authority is given to the Central Board or any Local ma, s. 127.	.
Board, or	any officer of theirs, to direct anything to be done or to

forbid anything to be clone, and such act so directed to be clone	s. 326.
remains undone, or such act so forbidden to be clone is clone, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of an offence against this Act.
And every person guilty of an offence against this Act not otherwise specially provided for, by or under the authority hereof, shall be liable for every such offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, as well as any costs or expenses winch may be incurred in remedying such default, as particularly provided for in this Act, to a penalty not exceeding the sum of Twenty pounds, and to a penalty not exceeding Five pounds nor less than Twenty shillings for each day during which such offence is continued by such person, and such penalty or penalties shall be recoverable

62° VICTORLE, No. 24.

Health Act, 1898.

notwithstanding that the Local Board may not have chosen to exercise any power given to Local Boards by this Act to remedy such default.

243.        IN any case in which any Local Board obtains an order or

Execution by Loc Ea

Board.	recovers judgment for the payment of any money either in respect of abatement of nuisance or work executed on any land, or the cost of forming, making, or improving any street, lane, or passage upon any private land, such Local Board may remove such order or judgment, together with all costs awarded into the Supreme Court
Victorian Health	and may sign judgment thereon, and upon such final judgment or
Act, 1890, s. 327.	order execution may issue against the land in respect of which the expenditure was incurred in the same manner as if the same were a judgment or order of such Supreme Court.

Proceedings by 244. THE Minister may by any proceeding in the Supreme

Minister in	Court, in the name of the Crown, compel any person or any Local
Supreme Court.	Board to comply with any order given or made under the provisions
Ibid., s. 328.	of any Act relating to the public health, or to abate or prohibit any nuisance, or may restrain any person or Local Board from committing any nuisance, or committing or continuing to commit any offence against any such Act, or may recover any penalties from or for the punishment of ally Local Board or person offending against the pro- visions of this Act relating to nuisances.

245.        WHENEVER ally penalty, forfeiture, costs, expenses, or

be enforced by dis-	Penalties unpaid to other payment has been imposed, directed, or awarded to be paid
tress or imprison- under the provisions of this Act. and the person convicted or againstment.

whom an order for the payment of such penalty, forfeiture, costs, expenses, or other payment has been made does not pay the same within such time as the Justices or Court by whom the same has been imposed, directed, or awarded, direct, such Justices or Court

50 Viet., 19, s. 128.	may order that the same be levied by distress and sale of the goods
Victorian Health	and chattels of such person, or may in default of such distress or in
Act, 1890, s. 329.	the discretion of such Justices or Court, without ordering any such distress, direct such person to be imprisoned with or without hard labour, as they think fit, for a period not exceeding one month if the penalty, forfeiture, costs, expenses, or payment do not exceed Twenty pounds, and for a period not exceeding three months if the penalty, forfeiture, costs, expenses, or payment be above Twenty pounds ; and such person shall be imprisoned accordingly unless such respective penalties. forfeitures, costs, expenses, and payments shall be sooner paid.

Application of 246. WHERE the application of a penalty under this Act is not

penalties.otherwise provided for, one half thereof shall go to the person on 50 Viet., 19, s. 129. whose complaint or information of an offence against this Act such

62° VICTO1IT}E, No. 24.

Health Act, 1898.

penalty has been inflicted, and the remainder to the Local Board	Victorian Health
of the district in which the offence was committed: Provided	Act, 1890, s. 331.
that if the Local Board or their officer be the informer, the Local	38 & 39 Wet., c.
Board shall be entitled to the whole of the penalty recovered.	55, s. 254.
Except where it is herein otherwise expressly directed, the moneys arising from fines, penalties, and forfeitures imposed by this	Express words
giving right of
Act shall, when recovered, be paid and applied towards defraying	person.recovery to any
the expenses of carrying this Act into execution in such manner as the Local Board within whose jurisdiction such fines, penalties, or forfeitures may have been recovered, directs.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

62° VICTORLE, No. 24.

Health Act, 1898.

SCHEDULES.

First Schedule.

Section 2.

REPEALS.

42 Viet., No. 5. 48 Vict., No. 3. 50 Viet., No. 19. 55 Vict., No. 22. 57 Vict., No. 33. 59 Vict., No. 35. 60 Vict., No. 40.

Second Schedule.

Section 67.

FORM_ OF CERTIFICATE.

To*

I, the undersigned public analyst for the do hereby certify that 1

received on the day of 18 , fro int a sample

of for analysis (which then weighed;, ), and have analysed the

same, and declare the result of my analysis to be as follows:—

I am of opinion that the same is a sample of genuine

Or,

I am of opinion that the said sample contained the parts as under, or the percentage of foreign ingredients as under :---

Observations.§

As witness my hand this day of

at

Here insert the name of the person submitting the article for analysis.

t Here insert the name of the person delivering the sample.

1: When the article cannot be conveniently weighed this passage may be erased or the blank left unfilled.

§ Here the analyst may insert, at his discretion, his opinion as to whether the mixture (if any) was for the

purpose of rendering the article portable or palatable or of preserving it or of improving the appearance or was unavoidable, and may state whether in excess of what is ordinary or otherwise, and whether the ingredients or materials mixed are or are not injurious to health.

In the case of a certificate regarding milk, butter, or any article liable to decomposition, the analyst shall specially report whether auy change had taken place in the constitution of the article that would interfere with the analysis.

62° VICTORIA, No. 24.

Health Act, 1898.

Third Schedule. Section 76.

FORM OF REGISTER OF COMMON LODGING-HOUSE.

Of what material house built,

Name of propti An accurate description how many rooms used as The nether of lodgers

keeper, and manager	of locality of common	sleeping apartments and	intended to be accom-
lodging-house.	what other accommodation	modated.
in the house.

Fourth Schedule.

Section 77

We, the undersigned, being inhabitant householders within [here state the city, town, district, or place in which the lodging-house applied to be registered is situated] do certify that we know [here state the name of the keeper or manager of the common lodging-house] and believe him to be a fit and proper person to keep

and have the management of a common lodging-house.

(Signed)

Fifth Schedule.

Section 102.

REGISTER OF INFANTS.

Date at Name and Address Date at Name and Address

which Name. Sex. Age. of person by whom which of person by

removed. received. received. whom removed.

By Authority : A. CURTIS, Acting Government Printer, Perth.