Health Act Amendment Act 1918 (WA)
WESTERN AUSTRALIA.
ANNO NONO
GEORGII QUINTI REGIS,
VII.
ctsies.***************************************************41
No. 17 of 1918.
AN ACT to amend the Health Act, 1911-15.
[Assented to 13th June, 1918.]
Legislative Assembly of Western Australia, in this present Par-B E it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and
liament assembled, and by the authority of the same, as follows:—
| 1. | This Act may be cited as the Health Act Amendment Act, | Short title. |
1918, and shall be read and construed as one with the Health Act, 1911-15 (hereinafter called the principal Act), and this Act and
the principal Act may be cited together as the Health Act, 1911-
18.
2. Section three of the principal Act is hereby amended by Amendment of
| striking out the words "more than three," in the fifth line of the section | 3 of |
| prcipal Act. | in |
definition of ''Lodging House."
| 1918, No. 17.] | Health Act—Amendment. | [9 GEO. V. |
Amendment or
| section 12. | 3. | The following words are hereby added to section twelve of |
the principal Act, that is to say
and the Commissioner shall have all such rights and powers as the local authority would have in case its medical officer of health or inspector exercised the power, or to enable such officer or inspector to exercise the power. Any provision of this Act conferring any power on a medical officer of health or inspector of a local authority, or relating to or connected with the exercise or intended exercise, or the consequences of the exercise of any power by him, shall be construed and have effect for the purposes of this section as if the references therein to a medical officer of health or inspector of the local authority extended to the Commissioner or any medical officer or inspector acting with his authority, and as if all references to a local authority extended to the Commissioner.
| Amendment of | 4. | Section twenty of the principal Act is hereby amended by |
| section 20. | the deletion of the words "a majority of," and the insertion in lieu thereof of the word "three." |
| Amendment of | 5. | The following proviso is hereby added to section twenty- |
| section 25. | five of the principal Act, that is to say |
Provided that a local authority may appoint and authorise any person to be its deputy, and in that capacity to exercise and discharge all or any of the powers and functions of the local authority for such time and subject to such conditions and limitations (if any) as the local authority shall see fit from time to time to prescribe, but so that such appointment shall not affect the exercise or discharge by the local auth- ority itself of any power or function.
| Substitution of | 6. | Section thirty of the principal Act is hereby repealed, and |
| new section for |
| section 30. | the section following substituted therefor as from the commence- ment of the principal Act, that is to say- |
| Qualifications of |
| inspectors. | 30. Every inspector of health appointed under any re- pealed Act and acting as such immediately prior to the com- mencement of this Act shall, unless he is the holder of a quali- fying certificate of competency which shall be approved by the Commissioner, obtain, within twelve months of the commence- ment of this Act, such qualifying certificate of competency as may be approved by the Commissioner, and, after the expira- tion of such period of twelve months, no person shall be ap- pointed or continue to be an inspector unless he is the holder of such a certificate as aforesaid: Provided that the Commis- sioner may exempt from the operation of this section, for such time as he thinks fit, the office of inspector in any dis- trict. |
| 9 Gino. V.] | Health Act—Amendment. | [1918, No. 17. |
7. The following subsection is hereby added to section thirty- Amendment of
| four of the principal Act, that is to say— | section 34. |
(4.) When the Commissioner has required any local auth- ority to make any by-law in regard to any matter concerning which it is the duty of such authority to make a by-law when so required, and the authority has not, within a period of two months from the date of the requisition, made a by-law regarding such matter which the Commissioner is willing to confirm, then the Commissioner may, in lieu of the local auth- ority, make such by-law as lie shall consider ought to be made regarding such matter, and any by-law so made by the Com- missioner shall, subject to section two hundred and sixty-nine have effect as if made by the local authority.
8. In the third line of section seventy-nine of the principal Amendment of
Act the words "or urine" are inserted after the word night_ section 79.
son "
.9. Section eighty-three of the principal Act is hereby amended Amendment of
by the excision of the words "building, engineering or other section 83.
work," and the substitution therefor of the words "work what-
| soever." | • |
10. Section eighty-six of the principal Act is hereby amended Amendment of
| by the addition of the following subsection:— | section 86. |
(4.) Notice of any charge made under this section may be included in any document containing notice of any rates levied Under this Act; but the omission to give any notice of such charge shall not affect the validity of the charge or the power of the local authority to recover it.
11. (1.) The following paragraph is inserted in section ninety Amendment of
three of the principal Act after paragraph (g), that is to say— section 93.
(h) The collection and disposal of the carcases of dead
animals.
(2.) A subsection is hereby added to section ninety-three of
the principal Act, as follows
(2.) Any local authority which has undertaken or con- tracted for the efficient execution of any such work as afore- said within its district or any part thereof may by by-law pro- hibit any person executing or undertaking the execution of any of the work undertaken or contracted for within the dis- trict or within such part thereof as aforesaid, as the case may be, so long as the local authority or its contractor executes or continues the execution of the work or is prepared and willing to execute or continue the execution of the work.
| 1918, No. 17.] | Health Act—Amendment. | [9 GEO. V. |
Amendment of
| section 101. | 12. Section one hundred and one of the principal Act is hereby amended by striking out the word "it," in the first line thereof, and substituting the word "he." |
| Amendment of | 13. Section one hundred and ten of the principal Act is hereby |
| section 110. | amended by the insertion of the words "or available," in the last line after the word "intended." |
| Amendment of |
| section 112. | 14. The following subsection is hereby added to section one |
hundred and twelve of the principal Act
(3.) When any water supply has been directed to be closed the local authority may, and shall, if the Commissioner so directs, take all such steps, whether by filling in the water supply or otherwise, as shall be necessary to prevent the fur- ther use of such supply.
| Amendment of | 15. Section one hundred and fifteen of the principal Act is |
| section 115. |
hereby amended by the insertion of the following paragraphs after
paragraph thirty-three, that is to say-
| 33a. | For the prevention of the pollution of any water used |
for bathing purposes.
33b. Prescribing the precautions to be observed by dealers in second-hand clothes or books.
| Amendment of | 16. The words "and also as to the area of the open space ap- purtenant to such building" are hereby inserted in the sixth line of section one hundred and twenty-two of the principal Act after the word "construction." |
| section 122. |
| New section. | 17. | The following new section is hereby inserted in the princi- |
| inserted after | pal Act after section one hundred and twenty-two, that is to say- |
| section. 122. | 122a. No person shall convert into or adapt or use as a |
| Building not |
| erected as dwel- | dwelling any building not originally constructed or erected |
| ling not to be con- | as a dwelling-house, without having first obtained the consent |
| verted into one. | of the local authority of the district in which the building is situated, and complied (in case a conditional consent is given) with such conditions as the local authority has seen fit to im- pose. |
| Insertion of new | 18. | The following section is inserted in the principal Act after |
| section after |
| section 156. | section one hundred and fifty-six, that is to say- |
| Power to restrict |
| offensive trades to | 156a. (1.) The Governor may by proclamation declare |
| certain portions | that no offensive trade or no offensive trade of any specified |
| of proclaimed | |
| areas. | class shall be established within any area defined in the pro- clamation, except within such portion of the area as may be declared in the proclamation to be open to the establishment of such trade; and the Governor may in like manner revoke |
| 9 GEo. V.] | Health Act—Amendment. | [1918, No. 17. |
or vary any such proclamation, and every such proclamation shall, notwithstanding anything in this Act, be observed and have effect according to its tenor.
(2.) No person shall in any manner contravene any pro- clamation issued by the Governor under this section.
19. Section one hundred and sixty-three of the principal Act Amendment of
is hereby amended by the insertion, in the second line of subsec- section 163.
tion three, of the word "detention" after the word "examina-
tion," and by the insertion, in the third line of the same subsec-
tion, of the words "or any portion thereof" after the word
"food."
| 20. | Section one hundred and sixty-four of the principal Act | Amendment of |
| section 164. |
is hereby amended by the deletion of the words "for sale" in the
first line and also in the second line.
Amendment of
| 21. | Section one hundred and sixty-seven of the principal Act | section 167. |
is hereby amended by the addition of the following paragraph:
(9.) Requiring the registration, without fee, with the local authority, of restaurants 'or dining, tea, or refreshment rooms.
22. Section one hundred and seventy-two of the principal Act Amendment of
is hereby amended by the addition to subsection two of the words section 172.
following:
Any inspector may at any time search and inspect any vehicle used for or in connection with the sale, carriage, or de- livery of milk, and every part thereof, for the purpose of ascertaining whether any breach of this subsection has been or is being committed.
23. Section one hundred and seventy-three of the principal Amendment of
Act is hereby amended by the addition (as from the commence- section 173. ment of the Act) of the following subsection:
(3.) Nothing in this section shall be deemed to qualify or restrict any power of making by-laws or regulations con- tained in this Act with reference to any of the matters dealt with in this section.
| 24. Section one hundred and seventy-four of the principal Act Amendment of | section174. |
is hereby amended by the addition (as from the commencement of
the Act) of the following words:
Nothing in this section shall be deemed to qualify or restrict any power of making by-laws or regulations contained in this Act with reference to any of the matters dealt with in this section.
| 1918, No. 17.] | Health Act—Amendment. | [9 GEo. V. |
Amendment of
| section 175. | 25. Section one hundred and seventy-five of the principal Act |
is hereby amended by the addition of the following paragraph to
subsection one, that is to say :—
(13.) Defining areas within the district within which it
shall not be lawful to establish and open dairies, and prohi-
biting the establishment and opening of dairies in such areas.
Amendment of
| section 183. | 26. Subsection one of section one hundred and eighty-three of |
the principal Act is hereby repealed, and the following subsec-
tions substituted therefor, that is to say
(1.)
Every person who, in any shop, vehicle, or place, ex- hibits frozen meat for sale or has it in his possession for sale, shall cause a notice of that fact to be legibly and conspicu- ously printed and displayed, to the approval of an inspector, on such shop, vehicle, or place, and shall keep and maintain such notice visibly and conspicuously displayed thereon dur- ing the whole time that any such meat is exhibited or kept therein for sale.
(2.) "Frozen meat" includes any meat that has been
frozen.
| Amendment of | 27. Section one hundred and eighty-five of the principal Act is |
| section 185. | hereby amended by striking out the words " 'skimmed milk' or `separated milk,' as the case may be," and substituting the words "skim milk." |
| Amendment of | 28. | Section one hundred and eighty-eight of the principal Act |
| section 188. | is hereby amended by striking out the word "gratuitously" in the sixth line of subsection two. |
| Amendment of | 29. |
.Section one hundred and eighty-nine of the principal Act is hereby amended, as follows :—
section 189.
| (i.) | By the insertion of the following subsection after subsec- |
tion four :—
(4a.) If the seller or his servant or agent, having accepted
the offer of the purchaser to divide such food or drug, pre-
vents or attempts to prevent the completion of the proceed-
ings prescribed by subsection four, whether by departing from where the purchase was made or otherwise, then the purchaser may proceed as if the offer had not been accepted.
(ii.)
By the addition, at the end of subsection six, of the words "or by such other means or in such other manner as may be pre-
scribed."
| A Gno. V.] | Health Act—Amendment. | [1918, No. 17. |
| (iii.) | By the addition to the section of the subsections follow- |
ing, that is to say
(11.) An officer purchasing any food or drug under this section may require the seller to state his name and address, and, if default is made in complying with the requisition, the seller shall be guilty of an offence against this division.
(12.) In any prosecution under this division proof of non- compliance, or failure to prove compliance, on the part of any officer with any of the provisions of this section which ought to have been complied with by him, shall not entitle the de- fendant to have the complaint dismissed or prevent his con- viction unless he shall show that the non-compliance has in fact prejudiced him.
30. Section one hundred and ninety-one of the principal Act is Amendment of
| hereby amended— | section 191. |
(i.)
By the insertion of the following paragraph after para- graph three, that is to say:
(3a.) Seize or procure samples of any food or drug which the officer may suspect to have been sold or to be intended to be sold as a food or drug with the standard appointed for which it is not in conformity..
| (ii.) | By the addition to the section of the following provisions, |
that is to say
Any person having the possession, custody, or control of any such food or drug who refuses to permit such samples to be seized or procured as aforesaid shall be guilty of an offence against this division.
Every such officer who so seizes or procures a sample of a food or drug which is consigned to any person shall forth- with divide the same into three parts, and shall deliver or forward one of the parts to the consignor, if he resides or carries on business in the State, and his name and his address within the State appear on the package containing the food or drug, but if he does not reside or carry on business in the State or such name and address do not so appear, the part shall be delivered or forwarded to the consignee. The officer shall retain one of the other two parts for future comparison, and shall submit the third part to an analyst, if he thinks it right to have the same analysed.
Whenever it is desired to forward any portion of a sample under this subsection, the same may be sent through the post office as a registered letter or package, or by such other means or in such other manner as may be prescribed.
| 1918, No. 17.] | Health Act—Amendment. | [9 GEO. V. |
Every such officer who so seizes or procures a sample of a food or drug which is not consigned to any person shall sub- mit the whole sample to an analyst, if he thinks it right to have the same analysed.
Subsections six, seven, eight, nine, ten, and twelve of section one hundred and eighty-nine shall be deemed to be repeated in this section (with the words "seized or procured" substi- tuted for the word "purchased," in subsection eight), and shall have effect in connection with the foregoing provisions of this section accordingly.
| Amendment of | 31. Section one hundred and ninety-three of the principal Act |
| section 193. | is hereby amended as follows: |
| (i.) | By the deletion of subsections one and two. |
| (ii.) |
By the insertion, in subsection three, after the word
"defendant," of the words "in any prosecution under this
Act for the sale of any food or drug."
| Amendment of | 32. Section two hundred of the principal Act (as amended by the Health Act Amendment Act, 1912) is hereby amended by the insertion, after the word "sale," in paragraph 8 (e) of the words "(except to an officer demanding a sample of the food or drug under the authority of this Act)," and by the insertion in para- graph fourteen, after the word "sale," of the words "(except to an officer demanding a sample of the food, drug, or disinfectant under the authority of this Act) or offering or exposure for sale." |
| section 200. | |
| Insertion of section |
| after section 206. | 33. The following section is hereby inserted after section two |
hundred and six of the principal Act, that is to say:-
Power to
| specifically enforce | 206a. The Commissioner and any public health official may |
| orders made under |
| section 205 and to | do and cause to be done all such acts, matters, and things as |
| apprehend persons | may be necessary or reasonably deemed to be necessary to |
| ordered into | |
| quarantine or | specifically enforce and carry into effect any order lawfully |
| isolation. | made by him under section two hundred and five of this Act, and in particular (without limiting the generality of the fore- going provisions) may by warrant under his hand require any officer of police or any inspector to apprehend any person whom he has ordered to be quarantined or isolated, and who has not gone into the place of quarantine or isola- tion as directed in the order or has escaped therefrom, and to convey such person to such place of quarantine or isolation, and to deliver him into the custody of the person in charge thereof, and may further by such warrant require the person in charge of the place of quarantine or isolation to receive the person delivered into his custody, and him safely to keep so that he may perform quarantine or undergo isolation as directed in the aforesaid order, and sach warrant shall have legal validity and effect according to its tenor. |
| 9 GEo. V.] | Health Act—Amendment. | [1918, No. 17. |
| 34. Subsection three of section two hundred and thirty-seven | Amendment of |
| of the principal Act is hereby amended by the insertion of the | section 237. |
| words "the Commissioner and" after the word "notify." | |
| 35. Section two hundred and forty-two a of the principal Act is hereby amended | Amendment of |
| section 242a. | |
| (i.) by the repeal of subsection (1) and the insertion of the fol- lowing subsection in lieu thereof :— |
(1.) No person other than a medical practitioner or a per- son acting under the direct instructions of such a practitioner shall attend upon or prescribe for any person for the pur- pose of curing, alleviating, or treating any venereal disease, whether such person is in fact suffering from such disease or not.
(ii.) by the insertion in the third line of subsection (2), be- tween the words "the" and "prescription" of the words "written, signed, and dated."
| 36. Section two hundred and forty-two c of the principal Act | Amendment of |
| is hereby amended by the deletion of the words "at least once in | section 242e. |
| every four weeks, and shall follow as far as possible the advice given by such practitioner," and by the substitution of the words following :—"in the case of syphilis at least once in every two weeks during the primary and secondary stages, and thereafter at least once in every four weeks; in the case of gonorrhoea at least once every seven days during the continuance of acute symptoms, and thereafter at least once every fourteen days, and in the case of soft chancre at least once every seven days, and every such person shall follow, as far as possible, the advice given by such practitioner." |
37. Section two hundred and forty-two e is hereby amended Amendment of
by striking out the words "for a period of six weeks and the prat- section 242e.
titioner shall not within," and inserting in lieu thereof the words
"on any day on which he ought to attend such practitioner or
cause himself to be attended by such practitioner under the pro-
visions of section two hundred and forty-two c and for a period
of ten days thereafter, and the practitioner shall not before the
expiry of."
38. Section two hundred and forty-two f is hereby amended Amendment of
| by the addition of the following subsection:— | section 242f. |
(2.) If such practitioner has reason to believe that a patient who is suffering from venereal disease intends, notwithstand- ing such warning, to contract marriage, he shall forthwith notify such belief to the Commissioner, who may thereupon inform any person whom, on reasonable grounds. he believes to be the other party to the proposed marriage, that the
| 1918, No. 17.] | Health Act—Amendmcnt. | [9 GEO. V. |
patient is suffering from such disease, and may give the like information to any parent or guardian of such party. The Commissioner may also take such further action as he deems necessary in accordance with the provisions of this Act. No action for libel or slander shall lie against any medical prac- titioner for making such notification to the Commissioner in good faith and without malice.
| Amendment of section 242g: | 39. Section two hundred and forty-two g of the principal Act is hereby amended by the addition of the following words :— "subject, however, to the provisions of the next succeeding sec- tion (242gg)." |
| Insertion of new |
| section after | 40. | The following new section is hereby inserted in the prin- |
| Section 242g. | cipal Act after section two hundred and forty-two (g):— |
| Certificate of cure |
| not to be given to | 242gg. No person shall knowingly give to any woman or ally visits any brothel or any house or place used for the pur- poses of prostitution, any certificate of cure or any certificate signifying or implying that she is free from venereal disease or not liable to convey infection of any such disease, and no person shall make use of any such certificate for the purpose of or in relation to or in connection with prostitution. |
| prostitute or used | girl who is a prostitute or who occupies, resides in, or habitu- |
| for purposes of | |
| prostitution. |
Penalty: Twenty pounds.
Amendment of
| section 242j. | 41. |
Section two hundred and forty-two j of the principal Act is hereby amended as follows :—(i.) by the deletion of all the words in the first five lines of the section and the substitution of the words "Whenever the Commissioner has reason to believe that any person is suffering from any venereal"; (ii.) by the deletion of subsections five and six of the section; (iii.) by inserting at the end thereof the following new subsection:
See sec. 54.
(9.) Any person who knowingly gives false information to the Commissioner with the intention that action shall be taken by the Commissioner under this section shall be guilty of an offence against this part of the Act.
Penalty: Fifty pounds or imprisonment with or without
hard labour for a period not exceeding 12 months.
| Insertion of new | 42. | The following sections are hereby inserted in the principal |
| sections after |
| section 242j. | Act after Section 242j:— |
| Power of Children's |
| Court to examine | 242jj. It shall be lawful for a Court established under the State Children Act, 1907, at any time either before or after committal of any child, to order an examination to be made |
| child suspected of | |
| disease. |
| 9 GEO. V.] | Health Act—Amendment. | [1918, No. 17. |
of such child by a duly qualified medical practitioner, either male or female, if there is reason to suspect that such child is suffering from venereal disease.
In the event of the medical practitioner reporting that any child is so suffering, the Court shall forthwith notify the Com- missioner in writing, who may thereupon deal with such child as provided in subsections two to eight, inclusive, of Section 242j.
Provision for
| 242jjj. (1.) In the construction and application of this section, the following definitions shall apply :— | examination of |
| misoners and persons in indus- |
| "Industrial School" means an institution approved and certified by the Governor for the purposes of the State Children Act, 1907, for the detention, mainten- ance, and training of children found guilty of an offence punishable by imprisonment or of children transferred from another institution under that Act, and includes a reformatory. | trial schools. |
| "Prisoner" shall include any person in gaol or subject to detention in an industrial school, whether male or female. |
It shall be the duty of every medical officer attached to any gaol or industrial school to examine any prisoner (ex- cept a prisoner under remand) whom he may suspect of suffer- ing from venereal disease, and if, as a result of such examina- tion, the medical officer is of opinion that the prisoner is so suffering, he shall forthwith notify the Commissioner in writ- ing, giving the name of the prisoner and particulars of his diagnosis.
(2.)
It shall be the further duty of such medical officer to re-examine every such prisoner at least fourteen days before he is due to be discharged, and if he is then found to be suffer- ing from venereal disease, such medical officer shall, at least seven days before the date of his discharge, notify the Com- missioner of the fact, giving his name and prospective address (if any), and the due date of his discharge.
(3.)
The Commissioner may thereupon give notice to such pri- soner that he shall, within three days, report himself to the Commissioner and place himself under such treatment as the Commissioner may direct, and he may be proceeded against and dealt with, as provided in subsections two to eight, in- clusive, of Section 242j.
(4.) For the due carrying out of the provisions of this section alone, the Commissioner may appoint any medical officer as his deputy.
43. Section two hundred and forty-two in of the principal Act Amendment of
is hereby amended by the insertion of "242gg" after "242f," section 242m.
1918, No. 17.] Health Act—Amendment [9 GEO. V.
and of "242jj" after "242j," and by the insertion after the word "proceedings" of the words "but this prohibition shall not extend to the publication of any reports of proceedings which may be inserted in any newspaper by the authority of the Court before which the case was heard."
Insertion of new
| division at end of | 44. The following division is hereby added to Part X. of the |
| Part X. | principal Act, that is to say |
DIVISION 3.—Maternity Homes.
Maternity homes
| kept for gain to | 251a. No person shall, for gain or reward, keep any build- Penalty: For a first offence—Twenty pounds. For a subsequent offence—Imprisonment with hard labour for six months. |
| be licensed. | ing, structure or apartment as a maternity home which is not licensed by the Commisioner for the purpose. |
| Commissioner may | |
| license maternity | 251b. (1.) The Commissioner may, on payment of the pre- scribed fee, grant an annual license in respect of any building, structure or apartment, authorising the keeping thereof for gain or reward as a maternity home. |
| homes. | |
| (2.) Any license granted under section ninety-eight of the State Children Act, 1907, shall, during the currency thereof, be deemed to be a license granted by the Commissioner under this division, and the provisions of this division shall apply thereto, in all• respects, accordingly. | |
| Evidence. | 251c. Proof that any building, structure or apartment was let, hired, or engaged by any person for the accommodation of |
| a female during her confinement or lying-in shall be prima | |
| facie evidence that such building, structure or apartment is | |
| kept for gain or reward as a maternity home within the meaning of this division. | |
| Regulations. | 251d. The Governor may by regulations provide for the supervision and inspection of maternity homes, and may by such regulations prescribe what requisites must be complied with as regards structure, maintenance and management of maternity homes, and may likewise direct that a license may be refused to any maternity home as to which the regulations are not complied with or that the license of any such home may be cancelled. |
| Definition. | 251e. "Maternity Home" shall mean and include any place for the accommodation of females during their confinement or lying-in. |
| Amendment of |
| section 257. | 45. Section two hundred and fifty-seven of the principal Act |
is hereby amended as follows :-
(1.) By the insertion in the first .line of subsection (2), be- tween the words "registered" and "shall" of the words "or re- gistered under any other provision of this Act."
| 9 GE O. V.] | Health Act—Amendment. | [1918, No. 17. |
(2.) By the deletion of the words "to have her name erased from the register" in subsection (2), and the substitution of the words following:—"to a penalty not exceeding one pound, and on failure to apply for re-registration in each of two consecutive years, to have her name erased from the register."
(3.) By the insertion of the following subsection:
(5.) The fact that any woman has been registered and had
her name erased under this section shall not preclude her from making a fresh application for registration, and if the qualifica- tion on which she relies is such that her original application based thereon had to be made within a limited time, then the time within which the fresh application must be made shall be the like period of time calculated from the date of the erasure of her name from the register.
| 46. The following subsection is hereby added to section two | Amendment of |
| section 259. |
hundred and fifty-nine of the principal Act, that is to say
(4.) If any person whose name has been removed from the register shall, whilst her name remains off the register, prac- tise as a midwife or midwifery nurse or bestow any midwifery services whatsoever, she shall be guilty of an offence against this Act.
| 47. The following section. is hereby inserted in the principal | Power of Board to impose |
| Act :- | penalties for breaches of regu- |
| 262a. (1.) If any midwifery nurse shall be charged with committing any breach of the regulations made by the Mid- wives' Registration Board under this Part the matter may be prosecuted before, and heard and determined by the Board in the prescribed manner, and the Board may, if they find the charge proven, impose such penalty as justices might have imposed if the matter had been prosecuted before justices, and the Board may make such order as to costs as shall be just. | lations. |
| (2.) Any nurse who is dissatisfied with the decision of the Board hereunder may appeal in the prescribed manner to a Judge of the Supreme- Court in Chambers, and the Judge, upon the hearing of such appeal, may make such order as to the subject-matter of the appeal and the costs as may be just. | |
| (3.) When any order made under this section directs the payment of any penalty or costs and default is made in such payment, complaint thereof may be made in manner set out in the Justices Act, 1902, and the matter complained of may be heard and determined by any justice, and an order may be made thereon directing the payment of the sum in respect of which the default was made, together with such costs of or incidental to the proceedings before him as such justice shall deem just. |
| 1918, No. 17.] | Health Act—Amendment. | [9 Geo. V. |
(4.) Nothing in this section shall prevent any person being
prosecuted for any breach of any of the regulations in any
other manner provided by law.
Amendment of
| section 263. | 48. |
Section two hundred and sixty-three of the principal Act
is hereby amended by the insertion in the second line, after the
word "furnish," of the words "to the Commissioner and."
| Amendment of | 49. | The following subsection is hereby added to section two (3.) Any medical officer who finds that any such child is in an unclean or verminous condition may, by writing under his hand, notify any parent or guardian of the child of the fact and require such parent or guardian to remedy such condition forthwith., and to keep such child clean or free from vermin. Failure to comply with any such requisition shall be an offence against this Act. |
| section 264. | hundred and sixty-four of the principal Act, that is to say |
| Amendment of | 50. |
Section two hundred and seventy-three of the principal Act is hereby amended by the addition of the following subsec- tion, that is to say
section 273.
(3.) For the purpose of making any entry or doing any- thing authorised under this section, it shall be lawful to em- ploy all such assistance as may be deemed necessary, and (whenever deemed necessary) to use force whether by break- ing open doors or otherwise, and to search all parts of any house or premises entered, using such assistance and force as may be deemed necessary for the purpose.
| Amendment of | 51. | Section three hundred of the principal Act is hereby |
| section 300. | amended by the insertion of the words "or qualification" after the word "appointment," in subsection four. |
| Substitution of | 52. | The expression "Secretary to the Commissioner" shall be |
| "Secretary" for |
| "Clerk" to the | substituted for "Clerk to the Commissioner" wherever the latter |
| Commissioner | expression occurs in the principal Act. |
| throughout | |
| principal Act. |
| Reprinting Act | 53. |
All copies of the Health Act, 1911-15, hereafter printed by the Government Printer shall be printed as amended by this Act under the supervision of the Clerk of Parliaments, and all neces- sary references to this Act made in the margin, and in any such reprint the short title shall be the Health Act, 1911-18.
and amendments.
| Temporary opera- | 54. |
The amendments to the principal Act, made by Section 41 of this Act, shall continue in force only until the 30th day of September, 1919, and no longer, after which date Section .242j of the principal Act as originally enacted shall again come into operation.
tion of section 41.
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