Health Act Amendment Act (No. 2) 1954 (WA)

No. 34.] Health (No. 2). [1954.

HEALTH (No. 2).

3° Elizabeth II., No. XXXIV.

No. 34 of 1954.

AN ACT to amend the Health Act, 1911-1952.

[Assented to 18th November, 1954.]

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

citation.	Amendment Act (No. 2), 1954.
Reprinted

Acts Vol.	(2) In this Act the Health Act, 1911-1952,
3, 1950.
Approved for

reprint,	Act No. 34 of 1911, as reprinted with amend-
17th March,
1999.	ments to and including Act No. 71 of 1948, incor- porated pursuant to the provisions of the Amendments Incorporation Act, 1938, and as further amended by Acts Nos. 25 of 1950, 11 of 1952 and 25 of 1952,

is referred to as the principal Act.

1954.] Health (No. 2.) [No. 34.

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

be cited as the Health Act, 1911-1954.

2. This Act shall come into operation on a date trulnence-

to be fixed by proclamation.

3. Section two of the principal Act is amended unded

by

(a)	adding after the word, "Drugs" in line thirty-seven the words, "Therapeutic Sub- stances";
(b)	adding after the figure and letter "241E" in line forty-three the following:—

Division 3B. Manufacture of Therapeutic Substances,

ss. 241F-241I.

4. Section three of the principal Act is amended Under,

by

(a)	adding after the word "dressings" in the last line of the interpretation "Drug" the words "and also includes therapeutic sub- stances;"
(b)	adding after the interpretation "Street" the following interpretations:

"Therapeutic substance" means a sub- stance which has a therapeutic use and which is prescribed under Divi- sion 3B of Part VIII. of this Act to be a therapeutic substance, and includes a surgical ligature, suture or dressing, but does not include a vaccine prepared from microscopic organisms from the body of a person or animal for use in the treatment of that person only.

"Therapeutic use" means a use for the

purpose of

(a) preventing, diagnosing, curing or alleviating of a disease, ail- ment, defect or injury in per- sons;

No. 34.] Health (No. 2). [1954

(b)	influencing, inhibiting or modifying of a physiological process in persons;
(c)	testing of susceptibility to a disease or ailment in persons.

Heading of

The heading of Part VIII. of the principal Act which follows section two hundred is amended by adding after the word "DRUGS" the words "THERAPEUTIC SUBSTANCES".

Part VIII. 5.

amended.

S. 216

amended. 6. Section two hundred and sixteen of the prin-

cipal Act is amended by

(a)	adding after the word "Bacteriologist" in lines two and three of subsection (2) the words "or a Physiologist";
(b)	deleting all words after the word "pre- scribed" in line three of subsection (8) down to the end of the subsection.

Dimon 3B

added to Part

7. The following Division, to follow section two

VIII.           hundred and forty-one E, is added to Part VIII. of the principal Act

Division 3B.—Manufacture of Therapeutic Substances.

Therapeutic

substances to	241F. (1) A person shall not manufacture
be

inanufac-

for sale any therapeutic substance unless the

tured on

licensed

therapeutic substance is manufactured on

premises.

premises which are licensed by the Commis-

sioner for the purpose.

Application

for license.

(2) An application for a license shall be made to the Commissioner by a person who manu- factures a therapeutic substance for sale, in the prescribed form accompanied by the prescribed fee.

1954.] Health (No. 2). [No. 34.

(3) A person who manufactures for sale a Offence.

therapeutic substance on any premises, other than premises which are licensed under this division of this Part of this Act, is guilty of an offence.

Penalty: Two hundred pounds and in the case of a continuing offence to a further fine of ten pounds for each day or part of a day during which the offence continues.

Duration of

241G. A license granted by the Commissioner licenses and

under this division of this Part of this Act—	stipulate
licenses to
premises and

(a)	shall specify the premises to which it be subject to	conditions.
relates;
(b)	shall continue in force, unless sooner revoked or suspended under the pro- visions of this Act, for a period of twelve months from the date of issue and may be renewed from time to time for a like period;
(c)	may be granted subject to such conditions and limitations as the Com- missioner considers necessary for the proper production of the therapeutic substances to be manufactured on the premises the subject of the license;
(d)	may specify the therapeutic substances which may alone be manufactured on the premises the subject of the license;
e)	may be revoked or suspended for such time as the Commissioner thinks fit, if in his opinion the manufacturer of a therapeutic substance has failed to comply with any condition attached to the license of the premises whereon the therapeutic substance is being or is manufactured, or if for any reason the premises, apparatus, processes, materials or staff used or employed in the manufacture of a therapeutic substance have become inadequate,

No. 34.] Health (No. 2). [1954.

obsolete or unsuitable as the case may be or do not comply with the prescribed standards having regard to the nature of the therapeutic substance being manufactured for sale on the premises.

Appeal

against	24111. (1) A person aggrieved by a decision of license or revoking or suspending a license may appeal in manner prescribed against the decision to a Judge of the Supreme Court sitting in open Court or in chambers as the Judge may determine.
decision of
Commis-	the Commissioner refusing to grant or renew a
sioner.
(2) Upon an appeal the Judge may confirm, modify or reverse any decision appealed against or make such other order thereon including an order as to the costs of the appeal as he thinks fit and the decision of the Judge is final.
Regulations.	2411. (1) The Governor on the advice of the Advisory Committee established under this Part of this Act, may make regulations prescribing forms, fees and other matters and things which appear to him to be necessary or convenient for the protection of health in relation to thera- peutic substances including regulating the manufacture, preparation, package, labelling, storage, carriage, distribution, sale or use of therapeutic substances, prescribing a substance or compound to be a therapeutic substance where used for a prescribed purpose and pre- scribing the purpose and prescribing a substance to be a therapeutic substance.
(2) The regulations may prescribe a penalty not exceeding fifty pounds for a breach of any regulation.