Health Act Amendment Act (No. 2) 1952 (WA)

HEALTH (No. 2).

1° Elizabeth II., No. XXV.

No. 25 of 1952.

AN ACT to amend the Health Act, 1911-1950.

[Assented to 28th November, 1952.]

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

Short title.

and citation 1. (1) This Act may be cited as the Health Act

Amendment Act (No. 2 ),1952.

(2) In this Act the Health Act, 1911-1950,

Act No. 34 of 1911 as reprinted with amend- ments to and including Act No. 71 of 1948

Reprtd. Acts,	incorporated pursuant to the provisions of
Vol. 3, 1950,
Apprvd for	the Amendments Incorporation Act, 1938, and
report 17
Mar. 1949.	as further amended by Act No. 25 of 1950,
Cf. No. 38 of

1933, s. 42. is referred to as the principal Act.

1952.] Health (No. 2). [No. 25

8.3

(3) The principal Act as amended by this Act amended.

may be cited as the Health Act, 1911-1952.

2.    Section three of the principal Act is amended

by adding after the interpretation "Piggery" the

following interpretation-

"pig-swill" means residues or wastes, whether solid or liquid or part of each, from kitchens, manufacturies, shops, abattoirs or markets, which residues or wastes may be used as food for pigs.

3.	The principal Act is amended by repealing	8. 102
repealed and

and re-enacting section one hundred and two as	re-enacted.
follows-

102. A person who undertakes work in the

district of a local authority and who does not provide and maintain for the use of persons engaged, whether as employees or as indepen- dent contractors or otherwise, on the work, sanitary conveniences of the number, situation, construction, dimensions and equipment pre- scribed by the regulations or by-laws of that local authority, or who does not remove those sanitary conveniences when required by the local authority, commits an offence.

Penalty—Two pounds for each day the offence continues.

4. Section one hundred and thirty-four of the amended_

principal Act is amended by

(a) adding after paragraph (1) the following paragraph-

( la) Prescribing the nature, quality and dimensions of and marks to be applied to fittings or parts of apparatus for the bacteriolytic treat- ment of sewerage and prohibiting the use in the construction of the apparatus of fittings or parts not in conformity with the standards prescribed;

No. 25.] Health (No. 2). [1952.

(b)

adding after paragraph (25) the following (25a) The provision, n u m b e r, situation,

construction, equipment, dimensions, maintenance, period of maintenance and removal of sanitary conveniences on the site of works undertaken in the district for the use of persons engaged on the work;

S. 191

amended. 5. Section one hundred and ninety-one of the

principal Act is amended by

(a) adding before the words, "No person", in line one of subsection (1) the words, "Sub- ject to the provisions of subsection (4) of this section";

(b) adding the following subsection

(4) A person who carries on a piggery is not required to register the premises, in or upon which it is carried on unless

(a)	the premises are situated in an area prescribed as one in which a piggery may be carried on, only if registered as required by this section; or
(b)	the pigs in the piggery, wherever the premises are situated, are fed wholly or partly on pig-swill.

S. 199

amended. 6. Section one hundred and ninety-nine of the principal Act is amended by adding after paragraph (1) the following paragraph

(la) Prescribing areas in which piggeries may be carried on, only if the premises in or upon which they are carried on, are regis- tered as required by section one hundred and ninety-one of this Act.

S. 232A

added.	7. The principal Act is amended by adding after section two hundred and thirty-two the following section-
Ftesponst-

lenity of	232A. (1) In this section
manufacturer

4143 well as	"deficient product" means a manufactured food or a manufactured drug, which, when sold by the manufacturer of it,
that of seller
of food or

1952.] Health (No. 2). [No. 25

is not

of the quality, nature, substance, degree of purity, standard, or com- position,

or is not free from

admixture, colourin g, staining, powder, ingredient, material, or sub- stance,

or is not

labelled,

as required by this Act or the regula-

tions;

"manufacturer" means the manufacturer

of a deficient product;

"to sell" means to sell by wholesale or retail and includes barter, supply for profit, offer for sale, receive for sale, have in possession for sale, expose for sale, send forward or deliver for sale, cause or suffer or allow to be sold, and inflections and derivatives of the verb "to sell" have correlative meanings;

"vendor" means a person who, not being a manufacturer, sells a deficient product whether he purchases it directly or indirectly from the manufacturer or otherwise.

Where in the district of a local authority a vendor commits an offence by selling a deficient product, the local authority may prosecute the vendor, or may prosecute the manufacturer, or both of them, for their respective offences.

(2)

(3) Notwithstanding that anything con- stituting or partly constituting the sale by the manufacturer of a deficient product was done or omitted, or caused to be done or omitted, by the manufacturer elsewhere than in the district of a local authority, the local authority may prosecute the manufacturer in all respects as if the sale had been effected in that district by the manufacturer.

No. 25.] Health (No. 2). [1952.

(4) Where a prosecution is against both the vendor and the manufacturer, the local authority may, notwithstanding the provisions of section forty-three of the Justices Act, 1902, but subject to those of section fifty-one of that Act, join both matters in the same complaint.

(5) The provisions of this section do not derogate from those of section two hundred and thirty-two of this Act.

8. 276

amended. 8. Subsection (2) of section two hundred and seventy-six of the principal Act is repealed and re-enacted as follows

(2) (a) For each notice given by him in accord- ance with this section, a medical practitioner shall be paid the appro- priate fee prescribed by the regulations.

(b)	The Governor may make regulations prescribing fees payable to medical practitioners for notices so given.
(c)	The regulations may prescribe differen- tiating fees for notices or classes of notices and may prescribe that fees or classes of fees shall be payable by the local authority notified or the Minister and if made shall specify the cases in which fees shall be payable by the local authority and the cases in which fees shall be payable by the Minister.

Z. enacted. 9. Section three hundred and twenty-two of the

principal Act is re-enacted as follows-

Recovery of	322. Any expenses incurred by a local
cost of	maintenance

of patient	authority in or about the treatment and main-
in hospital.	tenance of a patient in a hospital or in a
No. 34 of	1911, a.248.	temporary place for the reception of the sick
Repealed by	No. 24 of	shall be a debt due from such patient and also,
Re-enacted.	1950, 8. 8.	if such patient is an infant, from the parent or other person liable for the maintenance of such infant, to the local authority, and may be recovered from him, or in the event of his death from his legal representatives, or in the case of an infant from such parent or other person, by action in any court of competent jurisdiction.

10. The Second Schedule to the principal Act is g%hTne amended by substituting for the word, "Piggeries" amended. the following

"Piggeries--

(a)	carried on, in or upon premises situ- ated in areas prescribed as those in which piggeries may be carried on, only if registered as required by section one hundred and ninety-one of this Act; or
(b)	the pigs in which, wherever the premises are situated, are fed wholly or partly on pig-swill".