Health Act Amendment Act 1902 [1 & 2 Edw. VII No. 23] (WA)

au totem Rurtralta,

ANNO PRIMO ET SEGUNDO

EDWARDI VII. REGIS.

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No. XXIII.

AN ACT to amend the Health Act, 1898.

[Assented to, 19th February, 1902.]

Legislative Assembly of Western Australia, in this present Parlia-	BE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and
ment assembled, and b y the authority of the same, as follows: —
Act, 1902, and shall be incorporated with the Health Act, 1898 1, THIS Act may be cited as the Health Act Amendment Short title.
(hereinafter called the principal Act), and all amendments thereof.

2. (I.) THE seat of a member of a District Board of Health Vacancy in board of

shall become vacant if such member shall— a combined district.

(a.) Cease to be a member of the municipal council or road board by which he was elected a member of such District Board ; or shall

(b.) Die or resign or be ousted of such office by any

Court of competent jurisdiction.

& 2° EDWARD' VII., No. 23.

Health-.Amendment.

(2.) Every such vacancy shall be filled by the municipal

council or road board which elected the member whose seat has ,

become vacant electing another of their number to be a member of

the District Board. The result of such election shall be reported to

the Minister, and the Governor shall, by notice in the Government

Gazette, appoint the person so elected to be a member of the

District Board.

3.      WHERE the district of a Local or District Board comprises

District Board may

adopt road board	any land or tenement within the district of a road board or
or municipal	municipality, the Local or District Board, as the case may be, may
valuation.	adopt the valuation of such land or tenement as made by the road board or municipal council respectively, and such valuation shall, for all purposes, be as valid and binding as if made by the Local or District Board respectively.

4.      UPON the proclamation of any combined district, all moneys

Rates due before

proclamation of a	due or payable for any public health rate theretofore struck in any
combined district	district or part of a district (including any municipal or road board
may be connoted by
the District Board.	district) included within such combined district shall be payable and paid to the District Board of such combined district, and may be sued or otherwise recovered and enforced as if such rate had been struck by such District Board.
This section shall be read as if it formed part of the Health Act Amendment Act, 1900. and had come into operation on the 5th December, 1900.

5. (i.) NOTWITHSTANDING the making and levying of a

Where rate struck rate in accordance with section one hundred and seventy-eightfor removal of pre- ctn., exempted pre- of the principal Act, for the purpose of providing for the proper mises to pay charge. removal of nightsoil and other refuse within the district or any

part thereof, the Local or District Board making or levying such rate may provide for the removal and disposal of nightsoil and other refuse from any premises exempted from such rate, and may make an annual charge, payable in advance, for the removal of such nightsoil or refuse from such premises, and may levy and make such annual charge upon. and against the owner or occupier of such exempted premises as the Local or District Board may by resolution decide, and may recover such charge in the same way as and from the same person as if the charge were a public health rate.

(2.) No annual charge in respect of any premises shall exceed the amount which would have been payable if such premises had been liable to be, and had been, rated.

& 2° EDWARD' VIT., No. 23.

Health—Amendment.

6.

A DISTRICT Board shall, within its district, have and exercise all the powers and authorities which a. Local Board may	District Board to
have powers and duties of a local
exercise within its district, and shall be subject to the same duties	board.
and liabilities.

7.

ALL proclamations, orders, and regulations for the purpose of preventing the spread of the disease known as bubonic plague,	Validating orders,
etr., hi reference to
made or published before the commencement of this Act, and	bubonic plague.
made in pursuance of the provisions of the principal Act, or purporting to have been so made, declaring places to be infected or quarantined, and prohibiting persons from entering or leaving such places, shall be deemed to have been and to be good and valid proclamations, orders, and regulations under that Act excepting as regards such actions or suits which have already been commenced ; and the Colonial Secretary, the Central Board, and every Local Board, and all persons and officers whatsoever are hereby saved harmless in respect of any acts done by them in pursuance of any such proclamations, orders, and regulations, and in respect of the cleansing and disinfecting of any land or buildings, and in respect of the cleansing or pulling down and removal of any buildings or parts thereof for the purpose of preventing the spread of the said disease.

8. THE principal Act is amended, as follows:—

Amendment of prin-

cipal Act.

In section thirty-eight, in the second and fourth lines of Section 38.

the seventeenth paragraph, the words " or fish " are

inserted after the word " fruit."

The following paragraphs are inserted next before the section 3s.

last paragraph of section thirty-eight :—

" For specifying some place or places at which all fish

must be produced for inspection before being sold

or offered or exposed for sale within the district."

For preventing any person expectorating on any made footpath in any street or public place, or on any building to which the public have access or any approach thereto, or on any railway carriage, tramcar, or other public conveyance."

In section one hundred and eighteen, the words " tuberculosis section 18.

of the lung " are inserted before the word "leprosy."

In section one hunched and forty-six, the words " one hundred Section 146.

and eighty-five to one hundred and ninety-two " are struck out, and the words " one hundred and ninety-one to one hundred and ninety-five substituted therefor.

1° & 2° EDWARDI VII., No. 23.

Health—Amendment.

In section one hundred and sixty-nine, line one, the word

Section 160. " houses " is inserted after the word " all."

Sec on 187.	In section one hundred and eighty-seven, the words "in charge of any abattoir, slaughterhouse, or piggery " are struck out.
Section 231.	In section two hundred and thirty-one, sub-section six, the words " sixty-one " are substituted for the words " sixty-three."

Amendment of 9. SECTIONS one hundred and tell and one hundred and

sections 110 and 111	eleven of the principal Act are struck out, and the following
of principal Act.	sections are substituted therefor :-

Governor may	110.	THE Governor may make orders from time
direct enforcement

of provisions to pro.	to time directing that the provisions in the next follow-
vent disease.	Mg section contained, for the prevention of epidemic,
Ibid., s. 37.	endemic, and contagious diseases, be put in force in
Ibid., s. 121.	Western Australia, or in such parts thereof, or in such places therein, as in such orders respectively may be expressed; and may in like manner from time to time revoke, alter, or vary any such orders; and such orders shall have the like effect as if the provisions therein contained were included in this Act : Provided that such orders shall, within one week from the making
thereof, be published in the Government Gazette.

111.    nom time to time after the issuing of any

Board to make

regulations as to	such order as in the last preceding section mentioned,
diseases.	and whilst the same continues in force, the Central

s. Board may make such regulations as the said Board shall think fit for the prevention, as far as possible, or mitigation of such epidemic, endemic, or contagious diseases, and may from time to time revoke, renew, and alter any such regulations, or substitute such new regulations as to the said Board may seem expedient ; and the said Board may, by such regulations, provide

(a.)	For the giving of notice of the presence of any infectious or contagious disease in any house, premises, place, town, or district ;
(b.)	For the entry, at all times, of houses, buildings, and premises by medical or other officers or persons, for the purpose of carrying out any of the said regulations, or of inquiring into and ascertaining the presence of such diseases ;

cc.) For the effectual cleansing of streets and public

ways and places by those entrusted by law with

1° & 2 EDWARDI VII., No. 23.

Health—Amendment.

the care and management thereof, or by the owners and occupiers of houses and tenements adjoining thereto ;

(d.) For the cleansing, purifying, ventilating, and dis- infecting of houses, schools, churches, buildings, and places of assembly or entertainment, and other buildings and premises, by the owners or occupiers or persons having the care and ordering thereof, or by other persons at the expense of such owners or occupiers or persons, or, where necessary, at the public expense ;

(e.) For the destruction or disinfection of any goods or chattels, anti of night-soil or the fecal or other discharges of persons suffering from infectious or contagious disease ;

(.1) For a house-to-house visitation and inspection of

the whole or part of any district ;

(p.) For the removal of persons suffering from infec- tious or contagious diseases to hospitals, or other suitable or convenient places, and the keeping of them in such places until they are free from infection or contagion ;

(h.) For the forbidding and preventing of persons from quitting or entering any house, premises, place, town, or district which may be declared by the said Board to be infected ;

(1.) For the declaring of any house, premises, town,

or district to be infected as aforesaid ;

(j.) For the times, methods, and conditions of the

burial or disposal of the dead ;

(k.) For lessening or regulating the number of the inmates and occupants of common or other lodging houses, workrooms, or factories, or other public buildings ;

(1.) For causing public and private privies and earth closets to be established and properly constructed, maintained, and cleansed ;

(in.) For the speedy removal of nuisances;

(v.) For any matter of the like or other kind whirl

the Board may deem to be necessary as a pre caution against the breaking out or spreading of any such diseases as aforesaid ;

1° & 2° EDWARDI VII., No. 23.

Health—Amendment.

(o.) And generally for preventing or mitigating such

epidemic, endemic, or contagious diseases in such

manner as to the Board may seem expedient ;

And the said Board may, by any such regulations, authorise, require, and direct any local board or their officers to superintend and see to the execution of any such regulations, awl to provide for the dispensing of medicines, and for affording to persons afflicted by or threatened with such epidemic, endemic, or contagious diseases such medical aid as may be required, and the said Board may do and provide all such acts, matters, and things as may be necessary for executing or superintending and aiding in the execution of such regulations.

Such regulations shall extend to all parts or places included in any order to be issued by the Governor as aforesaid, unless such regulations be expressly confined to some of such parts or places, and shall continue in force until such order be rescinded in regard to the parts or places to which such regulations shall extend. All such regulations shall, within two weeks from the

making thereof, be published in the Government Gazette.

The Board shall be deemed to have had such powers from the commencement of the Health Act, 1898.

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

to this Act.

ARTHUR LAWLEY, Governor.

By Authority: Vnt. ALFRED IVATson, Government Printer, Perth.