Health Act Amendment Act 1944 (WA)

1944.]

Health.

[No. 21.

HEALTH.

8° and 9° GEO. VI., No. XXI.

No. 21 of 1944.

AN ACT to amend the Health Act, 1911-1942.

[Assented to 23rd December, 1944.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Health Act Amend- short title.

meat Act, 1944, and shall be read as one with the Health c,f6z.,.no.f the Amendments Incorporation Act, 1938, in Volume 1 of the Reprinted Acts of the Parliament of Western Aus- tralia and amended by the Act No. 34 of 1942), herein- after referred to as the principal Act.

2. Section two of the principal Act is amended as Amendment

of rt. 2

follows

(a)	By deleting from the item which reads "Part ss. 134-158" the figures "158" and insert- ing in lieu thereof the figures and letter

"158M."

(b)	By adding to the item which reads "Part V. ss. 134-158" the words "Division 3—Eating Houses ss. 158A-158M."

No. 21.]

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[1944.

(e) By deleting from the item which reads "Part VIII. ss. 186-226" the figures "226" and in- serting in lieu thereof the figures and letter "226F."

(d) By adding to the item which reads "Part VIII. ss. 186-226" the words "Division 4—Sale of horseflesh ss. 226A-226F."

Amendment

3. Section three of the principal Act is amended as follows :-

of s. 3.

(a) By inserting in the definition of "Boarding- house" after the word "are" at the end of line seven of the definition the words "har- boured or."

(b) By adding to the definition of "Lodging-house" at the end thereof the words "or in which not more than six persons exclusive of the family of the keeper thereof, are lodged for hire or reward from week to week or for more than a week or in which rooms are let to more than two persons for living accommodation under a contract in the nature of a sub-tenancy run- ning from week to week."

(c) By inserting in the definition of "Sanitary con- venience" after the word "privies" in lino two of the definition the word "Sinks."

Amendment

of s. 98.

4. Section ninety-eight of the principal Act is amended as follows :—

(a) By inserting in subsection (1) after the word "laundry" in line five of the said subsection the words "and cooking."

(b) by inserting in subsection (2) after the word "laundry" in line three of the said subsection the words "or cooking."

Amendment

of s. 133.

5. Section one hundred and thirty-three of the prin- cipal Act is amended as follows

(a) By inserting in subparagraph (1) of paragraph (14) after the word "Supplies" in line two of the said subparagraph (1) the words "and the reticulation thereof to bathrooms, kitchens and laundries."

1944.]

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[No. 21.

(b) By inserting after paragraph (38) a new para-

graph as follows

(38A) Defining areas within the district within which it shall not be lawful to keep animals or birds or particular species of animal or of bird, and prohibiting the keeping of animals or birds or of a particular species of animal or of bird in such areas.

Section one hundred and fifty-seven of the prin- cipal Act is amended by deleting from subparagraph (a) of paragraph (2) the words "boarders who may be received into" in lines two and three of the said sub- paragraph (a) and inserting in lieu thereof the words "persons who may be accommodated in."	Amendment
of a, 157

7. A division is added to Part V. of the principal nvDovision

Act after section one hundred and fifty-eight as fol- Part lows:—

Division 3—Eating-houses.

158A. In this division of this Act, unless the context Interpretation.

requires otherwise-

"Eating-house" means any house, building or struc- ture or ally part thereof in which meals are served to the public for gain or reward.

The term does not include

(a)	Any premises licensed under the Licensing

Act, 1911-1939; or

(b) Any boarding-house or lodging-house; or

porarily for serving meals to the public, at any fair, show, military encampment, races, or other public sports, games or amuse- ments.

"Meals" means and includes any substance whether solid or liquid or partly solid and partly liquid used or intended to be used for food or drink by man.

The term does not include drugs, water, milk, ice

cream, soda fountain or iced drinks commonly

known as cool or soft drinks, or aerated waters.

No. 21.]

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[1944.

"Prescribed date" in relation to any district means the date fixed by the by-laws of the local auth- ority for such district.

"Proprietor" includes the owner, the occupier, and any person having the management or control of any eating-house.

Operation of

this division.

158B. The provisions contained in this division of this Part of this Act shall operate and have effect

(a)	in the health district of the City of Perth; and
(b)	in the health district of the City of Fremantle;

and

(c)	in the health district of any other local auth- ority, within the meaning of this Act, in which the Governor may from time to time declare by Order in Council that the said provisions shall operate and have effect, and such Order in Council remains unrevoked.

Eating-houses

to be regis-

1580. (1) Subject as hereinafter provided, no person

tered and pro- shall establish or carry on the business of an eating-house

prietors to be

licensed.

in any district after the prescribed date unless

(a)	the eating-house is registered; and
(b)	the proprietor thereof is licensed in accordance with the provisions of this division of this Part of this Act ;

Provided that-

(i) Any proprietor already carrying on the business of an eating-house on the prescribed date may make application for the requisite registra- tion of the eating-house and for the requisite license as the proprietor thereof at any time within one month after the prescribed date, and pending the consideration of the said application may continue to carry on the said business; and

(ii) A person already carrying on the business of an eating-house on the prescribed date shall not have or be deemed to have any right to the grant of registration of such eating-house or

1944.]

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[No. 21.

any right to the issue to the proprietor there- of of a license in respect of such eating-house under the provisions of this Act.

(2)

Subject to this Act the registration of an eating- house and the issue of a license to the proprietor of an eating-house shall be under the control and subject to the by-laws of the local authority for the district in which such eating-house is situated.

(3)

Application for registration of an eating-house or application for the issue of a license to the proprietor thereof shall be made to the local authority in accordance with the by-laws of the local authority and shall be accom- panied by the registration fee or license fee (as the case may be) for the time being prescribed by such by-laws.

(4)

Any person who establishes or carries on an eat- ing-house without the same being registered, or who acts as the proprietor of an eating-house without holding the requisite license as required by this section shall be guilty of an offence.

Penalty in either case—Fifty pounds, and in addition a daily penalty of two pounds for every day or part of a day during which the offender acts in contravention of this section after complaint of such offence has been made.

158D. (1) Registration of an eating-house, and a

Registrations and licenses to

license for the proprietor of an eating-house shall be	be annual.
applied for annually on or before a date to be prescribed by the local authority by its by-laws, and shall have effect for one year from such date.
Provided that where any such registration or license is applied for within fourteen days after the date pre- scribed by the local authority as aforesaid, and is granted, such registration or license (as the case may be) shall be deemed to have been applied for as from such date; and where such registration or license (as the case may be) is applied for on a day more than fourteen days after the date prescribed by the local authority as afore- said in any year such registration or license (as the case may be) shall take effect as from the day when the same

No. 21.]

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[1944.

is actually granted or issued, but shall continue in force only for the unexpired portion of the then current year commencing on the date prescribed by the local authority as aforesaid.

Emaortgetaussses 158E. For the purposes of registration, and for the fled. fixation and assessment of registration fees, and for any

other purpose which it may think necessary or expedient under its by-laws the local authority may classify eating- houses and register the same as

(a) Restaurants.

(b) Dining Rooms.

(d) Refreshment Rooms.

-power to

;grant, refuse	158F. (1) Subject to section thirty-six of this Act,
and cancel

registration of	the local authority may
an eating-

mouse.

(a) grant registration of an eating-house ; or

(b)	refuse registration of an eating-house for any reason mentioned in subsection (2) of this section; or
(c)	cancel the registration of an eating-house during the currency of such registration for any reason mentioned in subsection (3) of this section.

(2) The local authority may refuse registration of an

eating-house for any one of the following reasons :—

(a)	if it considers the premises intended to be used as an eating-house are unsuitable for the pur- pose;
(b)	if the said premises are not constructed in any

respect in accordance with the by-laws ; or

(c)	if in its opinion the proprietor of the premises in respect of which registration is applied for, is not a fit and proper person to have the con- duct and management of an eating-house ; or
(d)	in the case of an application for renewal of a previous registration, if it considers that the eating-house is not being maintained, or the business therein is not being conducted, in accordance with the requirements of the by- laws, or the proprietor thereof has been con- victed of au offence against the by-laws in respect of such eating-house.

1944.]

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[No. 21.

(3) The local authority may cancel the registration of an eating-house during the currency of such registra- tion for any one of the following reasons :—

(a)	If in its opinion the premises in which the eat- ing-house is established are not being main- tained or the business of the eating-house is not being carried on in accordance with the requirements of the by-laws; or
(b)	If the proprietor fails or refuses to make in or to the premises in which the eating-house is established alterations, amendments or re- pairs as required by the local authority by notice given by the local authority under the provisions of this Act; or
(c)	If the proprietor of the eating-house has been convicted of any offence against the by-laws in respect of such eating-house.

Power to

1580. (1) Subject to section thirty-six of this Act the local authority may

grant, refuse

and cancel

licenses to proprietors.

(a)	grant a license to the proprietor of an eating-

house ; or

(b)	refuse to issue a license to the proprietor of an eating-house for any reason mentioned in sub- section (2) of this section; or

(e) cancel the existing license of the proprietor of an eating-house during the currency thereof for any reason mentioned in subsection (3) of this section.

(2) The local authority may refuse to issue a license to the proprietor of an eating-house for any one of the following reasons :—

(a)	the eating-house is not registered or the regis- tration of the eating-house has been cancelled; or
(b)	if in its opinion the said proprietor is not a suitable or a fit and proper person to have the management or control of an eating-house; or
(c)	if the applicant for the license, while previously licensed as the proprietor of an eating-house has been convicted of an offence against the by-laws of any local authority in respect of an eating-house.

No. 21.]

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[1944.

(3) The local authority may cancel the existing license of the proprietor of an eating-house for any one of the following reasons

(a)	the holder of the license has ceased to be the

proprietor of an eating-house; or

(b)	the registration of the eating-house of which he is the proprietor has expired or has been can- celled; or
(c)	the holder of the license has been convicted of an offence against the by-laws in respect of the eating-house; or
(d)	the holder of the license has procured the issue of such license to him by means of any fraud or deceit ; or
(e)	the holder of the license transfers or assigns or attempts to transfer or assign the license to any other person; or
(f)	if it considers that the holder of the license has during the currency of the license by reason of his conduct or on any other grounds become unsuitable or ceased to be a fit and proper person to have the control and management of an eating-house.

Commissioner

may require

1581-I. (1) The Commissioner may by notice in writ-

/ocal authority ing to the local authority direct the local authority:—

to refuse or

cancel regis-

tration or	(a) to refuse to grant registration of an eating- house for which application has been made or is about to be made to the local authority; or
license.
(b) to cancel the existing registration of an eating-

house during the currency thereof.

(2)

The local authority shall comply with and give

effect to any direction given to it by the Commissioner

under this section according to the tenour thereof.

If the local authority fails or refuses to comply with any direction given by the Commissioner under this section, any registration granted or any existing regis- tration not cancelled by reason of such failure or refusal on the part of the local authority as aforesaid shall as from a date to be fixed by the Commissioner and to be communicated to the proprietor of the eating-house con- cerned by notice in writing under the hand of the Com- missioner be null and void.

(3)

1944.]

Health.

[No. 21.

(4) When in accordance with the provisions of sub- section (3) of this section the registration of an eating- house has become null and void, any current license held by the proprietor of such eating-house shall also simul- taneously become null and void.

with the eating-house registered notwithstanding any tporernniusl.thiji.1581. (1) Registration of an eating-house shall run Registration

change of proprietor thereof during the currency of such Misr"'

registration.

(2) Every license issued to a proprietor shall be per- sonal to the proprietor to whom it is issued, and shall not in any manner or in any event be transferable on assignable to any other person during the currency thereof.

Provided always that the local authority may in its discretion on application in writing by the licensee and a proposed transferee on the prescribed form and on payment of the prescribed fee transfer at any time dur-

ing its currency the license of any licensee to such trans-

feree by endorsement upon the license. Thereupon, subject to this Act, every transferee shall, until the end of the yearly period for which the license was granted, possess all the rights of the original licensee, and shall be liable to the same duties, obligations and penalties as if such license had been originally granted to him.

Provided further, that if a licensee shall

(a)	die;
(b)	become bankrupt or assign his estate for the

benefit of his creditors;

be declared or become an insane person or insane

(c)

patient under the Lunacy Act, 1903, or be

declared an incapable person under that Act—

then the license shall terminate so far as regards the

licensee and shall enure for the benefit of and shall vest

(a)	the widow, husband, next-of-kin or executor entitled to apply for Letters of Administration of the deceased's estate or probate of his Will; (b) the licensee's Trustee in Bankruptcy or his

assignee;

appointed by the Supreme Court to undertake

No. 21.]

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[1944.

the control and management of his property,

respectively, as the case may require.

Every successor may exercise the license for the unexpired balance of the then current yearly period thereof.

'Certificates of	registration158J. Every certificate of registration of an eating-
he in pro-and licenses to house, and every license issued to a proprietor shall be scribed form. in the form prescribed by the by-laws of the local auth-

ority which grants or issues the same.

Registration

and license,

158K. The registration of an eating-house, or a

bow cancelled.	license issued to a proprietor, may be cancelled by the local authority which granted or issued the same by notice in writing signed by the chairman of the local authority with the approval of the local authority, and served upon the owner of the eating-house or the holder of the license as the case may be.
Local autho-

rity may make	158L. (1) If in the opinion of the local authority any
requisitions

regarding	building used as an eating-house which is registered
of eating-
maintenance	under this Act or any premises appurtenant thereto or
house.	used in connection therewith are not being maintained or kept in accordance with the requirements of the by-laws of the local authority, the local authority may by notice in writing under the hand of the chairman of the local authority and served upon the owner or occupier of such eating-house, require such owner or occupier to make in or to such building or premises such repairs, amendments or improvements as may be specified in such notice within a time to be stated in the notice.

(2)

If the owner or occupier who has received notice

as aforesaid makes default in the due compliance with

the requisition thereof he shall be guilty of an offence.

Penalty—Fifty pounds and in addition a daily penalty of two pounds for every day or part of a day during which the offence is continued after complaint of such offence has been made.

(3)

If the owner or occupier who has received notice under subsection (1) of this section makes default in the due compliance with the requisitions of such notice the local authority may, and shall if the Commissioner so directs, cause the requisitions of the notice to he carried out at the expense of the owner or occupier aforesaid.

1944.]

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[No. 21.

Any expenses incurred by the local authority in the exer- cise of the power conferred by this subsection may be recovered by summary proceedings from the owner or occupier who has made default as aforesaid.

(4) No provision of this section and no notice given or proceeding taken by the local authority under this section shall prejudice or affect the right or power of the local authority to cancel the registration of the eating-house in respect of which such notice has been given or such proceeding has been taken.

158M. (1) A local authority may of its own motion, ir,iotyout th

ino.ke

and shall if the Commissioner so directs, make by-laws by.laws.

for the purposes of this division of this Part of this Act

with respect to all or any of the following matters

(1) Regulating the registration of eating-houses

under any of the following classifications:

(i) Restaurants.

(ii) Dining Rooms.

(iii) Tea Rooms.

(iv) Refreshment Rooms.

(2) Regulating the issue of licenses to proprietors and prescribing the terms and conditions upon which such licenses shall be issued and held.

(3) Prescribing fees for registration of eating-

houses, and for licenses issued to proprietors.

Provided that the fee for registration of an

eating-house shall not exceed five pounds per

annum, and the fee for the issue of a license

to a proprietor shall not exceed one pound

per annum.

(4) Prescribing forms of application, certificate of registration, license to a proprietor, notices and any other forms.

(5) Prescribing the construction, drainage, ventila- tion, lighting, maintenance and cleanliness of buildings or premises occupied or used as an eating-house.

(6) Prescribing and enforcing the provision of proper and sufficient sanitary and ablutionary conveniences.

No. 21.]

Health.

[1944.

(7)	Requiring the production of plans and specifica- tions in respect of buildings intended to be used for an eating-house when application for registration is made.

(8) Requiring the -provision of suitable stores or storage places for the keeping and storage of food for human consumption properly con- structed, situated and ventilated and sufficient in capacity, and the making of proper provi- sion for the cleansing of cooking, eating and drinking utensils.

(9)	Requiring that stores and storage places for the keeping and storage of food shall be so con- structed and maintained as to exclude flies and rodents and other vermin therefrom.

(10) Prescribing the precautions to be taken in the method of preparation, sale and exposure for sale of food, and the construction, cleanliness, lighting, ventilation and sanitation of pre- mises in which those operations are conducted.

(11) The destruction and disposal of unsound food.

(12) The disposal of all waste food, garbage and

refuse.

(13) Inspections of eating-houses.

(14) Prohibiting or regulating the keeping or storing of kerosene, petrol, fuel oil or other volatile liquids in or about eating-houses.

(15)	Generally carrying into effect the purposes of the provisions of this division of this Part of this Act.

(2) Such by-laws may impose a penalty not exceeding fifty pounds for a breach of any by-laws, and, where such breach is of a continuing nature, in addition a daily penalty not exceeding two pounds for every day or part of a day during which the breach is continued after com- plaint of such breach has been made.

Amendment

of s. 191.

8. Section one hundred and ninety-one of the principal

Act is amended by deleting therefrom paragraph (9).

1944.]

Health.

[No. 21.

New division

9. A division, to stand as Division 4, is added to Part

added to

VIE of the principal Act after section two hundred and	Part VIII.
twenty-six as follows:—

Division 4—Sale of Horseflesh.

Interpreta-

226A. requires

In this Division, unless the context otherwise

"Horse" includes ass or mule.

"Horseflesh" includes any part of the carcass of a

tion. Vie. No.

4711 (1939),

horse.

226B. Act, 1909-1941, and of any regulations made and in force	(1) Subject to the provisions of the Abattoirs	Prohibition of
slaughter of
horses at abat-
toirs, etc.,

thereunder, any person who slaughters or causes or per-	where meat
for human
mits or suffers ally other person to slaughter any horse	consumption
is killed.
at any abattoir or slaughter house at which any animals	ibid s. o.
are slaughtered for human consumption shall be guilty of an offence.
Prohibition of
(2) Any person who at any place slaughters or causes or permits or suffers any other person to slaughter any	slaughter of horses for
human con-
horse for human consumption shall be guilty of an	sumption.
offence.
Prohibition of

226C. Any person who-

sale, prepara-

tion, etc., of

horseflesh for

(a)	Sells ally horseflesh or ally food substance or article containing any horseflesh; or	human con-
sumption. ibid
(b)	Prepares any horseflesh or prepares or manu- factures ally food substance or article contain- ing any horseflesh

for human consumption shall be guilty of an offence.

226D. (1) Any person who sells any horseflesh or any Portalift s of

sfl

buest

oat orse.

food substance or article containing horsefle

sh—

tchers'

shops and ex- cept in sealed

(a) at or from any shop, stall, vehicle or place at or from which any fresh uncooked meat (includ-

containers at

food shops,

etc., ibid s. 5.

ing sausages) is sold for human consumption;

(b) at or from any shop, stall, vehicle or place at or from winch any food substance or article is sold for human consumption unless such horse- flesh or food substance or article containing

No. 21.]

Health.

[1944.

horseflesh is contained in a sealed metal con lamer bearing a label indicating that the con- tents of such container consist wholly or partly of horseflesh and are not for human consump- tion

shall be guilty of an offence.

Prohibition of

having horse-	(2) The owner or occupier of
flesh at

butchers'	(a)	Any shop, stall or other place at or from which
shops or fac-

tories where	any fresh uncooked meat (including sausages)
food for
human con-	is sold for human consumption; or
sumption is prepared, etc.

(b)	Any factory or other place at which any food substance or article is prepared or manufac- tured for human consumption

who has at such shop, stall, factory or place or causes or permits or suffers to be or to remain at such shop, stall, factory or place any horseflesh or any food sub- stance or article containing horseflesh shall be guilty of an offence.

Prohibition of

having horse-	(3)	The owner or occupier of any shop, stall or place
flesh at food

shops except	at or from which any food substance or article is sold
in sealed con-
tainers.	for human consumption who has at such shop, stall or place or causes or permits or suffers to be or to remain at such shop, stall or place any horseflesh or food sub- stance or article containing horseflesh which is not con- tained in a sealed metal container labelled as aforesaid shall be guilty of an offence.
Prohibition of

having horse-

(4)

The owner or person in charge of any vehicle sausages) is sold or carried for human consumption who has in or upon such vehicle or causes or permits or suffers to be or to remain in or upon such vehicle any horseflesh or any food substance or article containing horseflesh shall be guilty of an offence.

flesh on

butchers'	from or upon which any fresh uncooked meat (including
vehicles.
Prohibition of

having horse-	(5)	The owner or person in charge of any vehicle from
flesh on cer-

tain vehicles	or upon which any food substance or article is sold or
except in
vcaled con-	carried for human consumption who has in or upon such
tainers.	vehicle or causes or permits or suffers to be or to remain in or upon such vehicle any horseflesh or any food sub- stance or article containing horseflesh which is not con- tained in a sealed metal container labelled as aforesaid shall be guilty of an offence.

1944.]

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[No. 21.

226E.	Any person who at or from any works for boil-	Prohibition of
sale of meat,

ing down meat, blood, bones or offal sells for human con-	etc., from boil-
ing down
sumption any part of the carcass of any animal shall be	works. /bid
guilty of an offence.

226F.

Any person convicted of any offence under this Penalties.

division shall for a first offence be liable to a penalty of not less than ten pounds and not more than fifty pounds, and for a second or any subsequent offence to a penalty of not less than twenty pounds and not more than one hundred pounds.

10. Section two hundred and seventy-one of the prin- Amendtnent

cipal Act is amended by adding thereto a subsection as "n'211.

follows :-

(3) If a person fails to attend for treatment as re- quired by this section or, if while continuing to attend for such treatment, a person is likely to transmit venereal disease to another per- son, then in relation to such person the Com- missioner may forthwith exercise, with such adaptations thereof as may be necessary the powers conferred upon him by subsections (2) to (8) both inclusive of section two hundred and seventy-nine of this Act.

11. Section two hundred and seventy-six of the prin- Arnell(iM0/1/

eipal Act is amended by adding thereto a subsection as of s. 276.

follows

(2) When any woman or girl to which subsection (1) of this section relates has been attending a medical practitioner for treatment, and such medical practitioner is satisfied that such woman or girl is no longer suffering from venereal disease in an infectious stage lie shall furnish to the Commissioner a certificate of cure in the prescribed form.

12. Section two hundred and eighty-two of the prin- A„,e„d„,,,,,

cipal Act is amended by adding thereto a subsection as " f a.

follows :-

(2) Where a woman who is a prostitute, and while

residing in a brothel or in premises reputed to

No. 21.]

Health.

[1944.

be a brothel has received notice . under sub. section (1) of section two hundred and seventy-nine of this Act, and after the receipt of such notice continues to reside in a brothel or in premises reputed to be a brothel, such woman shall by reason of such continued resi- dence be deemed knowingly to be doing an act likely to lead to the infection of any other person with a venereal disease within the meaning and for the purposes of this section.

Amendment

13. Section two hundred and ninety-six of the prin- cipal Act is amended as follows :-

of s. 296.

(a) By deleting from subsection (1) the words "Every local authority may from time to time and when the Commissioner so requires shall" in lines one and two, and inserting in lieu thereof the words "The Governor on the re- commendation of the Commissioner may."

(b)	By deleting from subsection (1) the word "by- laws" in line three of the subsection and in- serting in lieu thereof the word "regula- tions."
(c)	By deleting from paragraph (c) of subsection (1) the words "or local authority" at the end of the said paragraph.
(d)	By deleting subsection (2).
(e)	By deleting from subsection (3) the word "by- laws" in line one of the subsection and insert- ing in lieu thereof the word "regulations."
(f)	by deleting from subsection (4) the words "local authority" and inserting in lieu thereof the word "Commissioner."

Amendment

of s. 355.

14. Section three hundred and fifty-five of the prin- cipal Act is amended by inserting therein after para- graph (3) a new paragraph as follows :—

(3a) The production of a certificate purporting to be signed by a medical practitioner and to cer- tify for the purposes of Part X. of this Act that the person named therein is suffering

1944.]

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[No. 21.

from a venereal disease in an infectious stage, or has ceased treatment for a venereal disease, or has not attended for treatment as required

by this Act shall be sufficient prima facie

evidence of the facts stated therein.

15. The principal Act as amended by this Act may be

Citation ofprincipal Act

cited as the Health Act, 1911-1944.

as amended.