Health Acts Amendment Act of 1959 (8 Eliz Ii No. 57) (Qld)

Health Acts Amendment Act of 1959 (8 Eliz II No. 57)

292 fllueenslatth ANNO OCTAVO ELJZABETHAE SECUNDAE RE6INAE. No. 57. An Act to Amend "The Health Acts, 1937 to 1958/' in certain particulars, and for other purposes. [A ssented to 21 st D ecember , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Health Acts Amendment Act of 1959.” Principal (2.) “ The Health Acts, 1937 to 1958,” are in this Act. Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Health Acts , 1937 to 1959.” Amendments of s. 3. 2. Section three of the Principal Act is amended— (a) By inserting, after the words “ and T reatment of D isease ”, the words “ or D isability ” ; (6) By inserting, after the words “ Notification of Disease ”, the words “ or Disability ” ;

8 E liz . II. No. 57, 1959. Health Acts Amendment Act. (c) By repealing the words “ Infectious Disease ” and inserting, in lieu of those repealed words, the words “ Communicable Disease ” ; (d) By repealing the word “ Vaccination ” and inserting, in lieu of that repealed word, the word “ Smallpox ” ; and (e) By repealing the words “ Industrial Hygiene ” and inserting, in lieu of those repealed words, the words “ Industrial Medicine ”. 293 3. Section five of the Principal Act is amended— Amendments (а) By, in the definition “ Advertisement ”, repealing the words “ or wireless broadcast ” and inserting, in lieu of those repealed words, the words “ or wireless broadcasting or television or any other means of transmitting images or sound or both in association ” ; ( б ) By, in the definition “ Article ”— (i.) Repealing the words “ any article of clothing ” and inserting, in lieu of those repealed words, the words “ any textile product ” ; and (ii.) Repealing the words “ and biological preparations ” and inserting, in lieu of those repealed words, the words “ biological preparations, pesticides, detergents, dangerous substances and such other substances as the Governor in Council (who is hereby thereunto authorised) by Order in Council declares from time to time to be articles under and for the purposes of this Act ” ; (c) By repealing the definition “ “ Chemist ” or “ pharmaceutical chemist ” ” ; (d) By inserting, after the definition “ By-laws,” the following definition :— “ “ Communicable disease ”—Any disease prescribed c““ni- to be a communicable disease ; ; (e) By inserting, after the definition “ Dangerous drug ”, the following definition :— “ “ Dangerous substance ”—Any substance which Dangerous the Governor in Council (who is hereby8ubstftnce* thereunto authorised) by Order in Council declares to be a dangerous substance under and for the purposes of this Act; ” ;

294 Health Acts Amendment Act . 8 E liz . II. No. 57, Hospital. Owner. (/) By, in the definition “ Drug ”— (i.) Inserting after the word “ antiseptics ” the words “ pesticides, detergents ” ; and (ii.) Adding, after the words “ toilet articles ”, the colon and words “: the term also includes any therapeutic substance under and within the meaning of the TherapeuticSubstancesAct1953 of the Commonwealth, and any article or substance which the Governor in Council (who is hereby thereunto authorised) by Order in Council from time to time declares to be a drug under and for the purposes of this Act ” ; (g) By inserting, after the definition “ Have in possession ”, the following definition :— “ “ Hospital ”—A hospital within the meaning of “ The Hospitals Acts, 1936 to 1955 ; ” ; (h) By, in the definition “ House ”, inserting after the words “ the term also includes ” the words “ any houseboat and ” ; (i) By repealing the definition “ Infectious disease ” ; (j) By, in the definition “ Opium ”, repealing the words “ charcoal opium ” and inserting, in lieu of those repealed words, the words “ opium charcoal ” ; (k) By repealing the definition “ Owner ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Owner ”—The person other than Her Majesty who for the time being is entitled to receive the rent of any land, or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof: the term includes any lessee from the Crown, and any superintendent, overseer, or manager for such lessee residing on the holding, and in the case of a gold field or mineral field also includes the holder of a mining lease or miner’s homestead lease and the lawful occupier of a business area or residence area under the laws for the time being in force relating to mining and, as respects any land leased to any person or corporation by the Commissioner for Railways, such lessee ; ” ;

1959. HealthActsAmendmentAct, 295 (l) By, after the definition “ Person ”, inserting the following definitions :— “ “ Pesticide ”—The term includes any insecticide, Pesticide. pulicide, weedicide or fungicide; “ Pharmaceutical chemist ”—A pharmaceutical Pharmaceu chemist under and within the meaning of ctihceaml ist. “ The Pharmacy Acts , 1917 to 1959 ” ; ” ; and (m) By adding to the definition “ Sale ” the colon and words “ : the term also includes, in relation to any article of food or drink for consumption by man, supplying or giving away as a means of advertisement and, in relation to any article for use by man, permitting or allowing such use as a means of advertisement; Act i4s.aSmuebnsdeecdtiobny ornepeeoalfinsgectthioenwnoirndes o“ftothseafPegriunacripda”l oAfms. en9d(m1)e.nt and inserting, in lieu of those repealed words, the words “ to promote, safeguard or maintain 5. Subsection one of section ten of the Principal Amendments Act is amended— of s. 10(1). (а) By, in subparagraph (a) of paragraph (i.), repealing the words “ or stream ” and inserting, in lieu of those repealed words, the comma and words “ , stream or canal ” ; • ( б ) By, in subparagraph ( b) of paragraph (i.), repealing the words “ stream or watercourse ” and inserting, in lieu of those repealed words, the words “ watercourse, stream or canal ” ; and (c) By adding to paragraph (ii.) the words “ or any other means specified in the order, or otherwise than by the means specified in the order,”. 6 . Subsection one of section thirteen of the Principal Amendment Act is amended by, in paragraph (ii.) repealing the words of s. 13(1). “ fifty pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ”. 7. Subsection one of section seventeen of the Amendment Principal Act is amended by repealing the words “ to s. 17 (1). safeguard ” and inserting, in lieu of those repealed words, the words “ to promote, safeguard or maintain ”.

296 Health Acts Amendment Act . 8 Euz. II. No. 57, Amendment of b . 19. 8 . Section nineteen of the Principal Act is amended by adding thereto the following paragraph:— “ The Brisbane City Council may and is hereby authorised to delegate to The Council Registration Board, Brisbane City Council, the power to issue, sign, seal, renew, revoke or cancel licenses, permits, authorities or consents which the Brisbane City Council is entitled or required to issue, sign, seal, renew, revoke or cancel for the purpose of exercising and performing the powers and duties which are or may be conferred or imposed upon the Brisbane City Council pursuant to this section and to take and do all steps and things necessary, ancillary or incidental to the issuing, signing, sealing, renewing, revoking or cancelling such licenses, permits, authorities or consents. Any person aggrieved by the decision of The Council Registration Board in the exercise of any of the powers delegated pursuant to this section may, within fourteen days after receipt of notification in writing of such decision, require such Board to refer the matter to the Minister for direction. The Council Registration Board shall give effect to any direction in writing of the Minister upon such a reference.” Aofms.en2d1m( 1e) n.t Princ9ip. aSluAbcstecitsioanmeonndeedobf ysreecptieoanlintgwtehnetyw- oonrdes o“fritvheer or watercourse ” and inserting, in lieu of those repealed words, the words “ watercourse, stream or canal ”. Amendment 10. Section twenty-two of the Principal Act is of s. 22. amended by repealing subsection two and inserting, in lieu of that repealed subsection, the following subsection:— “(2.) (a) Such medical officer of health and any such analyst, inspector or other officer shall perform— (i.) Such duties relating to the due execution of the provisions of this Act and, in relation to health, as the Local Authority from time to time directs ; and (ii.) Such duties relating to the duo execution of the provision of this Act and relating to health as are, by order of the Director- General addressed to the Local Authority, required to be performed by such medical officer of health or such analyst, inspector or other officer.

1959. HealthActsAmendmentAct„ 297 ( b ) Save with the prior permission of the Director- General, the Local Authority shall not require, permit or allow such medical officer of health or any such analyst, inspector or other officer to perform any duty other than a duty referred to in paragraph (a) of this subsection. (c) The Director-General may from time to time make or grant orders or permissions under and for the purposes of this subsection, and may at any time revoke or cancel any such order or permission.” 11. Section twenty-seven of the Principal Act is Amendment amended by adding thereto the following subsection :— of s. 27. “ (5.) Notwithstanding anything in this Act or in any other Act contained every person who at the date of the passing of “ The Health Acts Amendment Act of 1959,” holds, and every person who subsequent to such date is appointed to, permanently any of the positions set forth in the Schedule to this subsection shall without any further or other appointment, be a health officer for the purposes of this Act and shall, subject to the Director-General, have and may exercise such powers and shall perform and be subject to such duties and liabilities as shall from time to time be prescribed or required by the Governor in Council. Every such person as aforesaid so long as he holds any such position shall be and be deemed to be a person permanently employed by or under the Crown for the purposes of “ The Public Service Superannuation Act of 1958,” at the salary paid from time to time to such person in respect of that position and the provisions of “ The Public Service Superannuation Act of 1958,” with such modifications and adaptations as may be necessary shall apply and extend accordingly. SCHEDULE. Position. N orth B risbane H ospital — General Medical Superintendent; Deputy General Medical Superintendent; Superintendent, Brisbane Children’s Hospital; Superintendent, Brisbane Women’s Hospital; Superintendent, Chennside Chest Hospital.

298 Health Acts Amendment Act . 8 E liz . II. No. 57, SCHEDULE— continued . Position — continued . X-Ray Department— Director of Diagnostic Radiology ; Senior Radiologist; Radiologist (Specialist Registration). Pathology Department— Director; Pathologist in Charge of Morbid Anatomy ; Pathologist in Charge of Surgical Pathology: Clinical Bio-Chemist (Medical) ; Clinical Bacteriologist (Medical); Haematologist (Medical); Pathologist (Specialist Registration). S outh B risbane H ospital — Medical Superintendent. Pathology Department— Director; Pathologist in Charge of Morbid Anatomy ; Pathologist in Charge of Surgical Pathology , Clinical Bio-Chemist (Medical); Clinical Bacteriologist (Medical); Haematologist (Medical); Pathologist (Specialist Registration). Q ueensland R adium I nstitute — Director; Deputy Director; Senior Radio-therapists; Radio-therapists (Specialist Registration). C ountry H ospitals — Medical Superintendents— Cairns, Charleville, Cloncurry, Ipswich, Mackay, Bundaberg, Maryborough, Rockhampton, Toowoomba, Townsville, Warwick, Gympie. Repeal of and new headnotes. 12. The headnotes appearing before section twenty- nine of the Principal Act are repealed, and the following headnotes are inserted in lieu thereof:— “ P art III. —P revention , N otification T reatment of D isease or D isability . and Division I.—Notification of Disease or Disability

1959. HealthActsAmendmentAct. 299 1.3. The Principal Act is amended by repealing section twenty-nine and inserting, in lieu of that s.n 29 ?ew repealed section, the following section :— “ [29 .] ( 1 .) Subject to subsection two of this section Notifiable the following diseases shall be and be deemed to be ' notifiable diseases, namely, ancylostomiasis (hookworm), anthrax, breast abscess, brucellosis, cholera, dengue, diarrhoea (of more than forty-eight hours’ duration in children under two years of age), diphtheria, dysentery (amoebic and bacillary), encephalitis, filariasis, hepatitis (infective and serum), hydatid disease, lead poisoning, leprosy, leptospirosis, malaria, meningitis, neo-natal infections (any staphylococcal or streptococcal disease occurring in an infant within twenty-one days of birth), ornithosis (psittacosis), plague, poliomyelitis (paralytic and non-paralytic), puerperal infections (any febrile infection of the genital tract in a mother occurring within twenty-one days of childbirth or miscarriage), Q. fever, relapsing fever, rheumatic fever (acute and recurrent, and including chorea), rubella (German measles) in females over the age of fourteen years, scarlet fever, smallpox, taeniasis, tetanus, tuberculosis (all forms including pleural effusion and erythema nodosum), typhoid fever (including paratyphoid), typhus (epidemic, murine, scrub, tick), yellow fever, venereal disease, and any other disease which the Governor in Council on the recommendation of the Director-General from time to time by notification in the Gazette declares to be a notifiable disease under this Act either generally or with respect to any particular place. (2.) The Governor in Council may by notification in the Gazette declare any disease prescribed by or pursuant to subsection one hereof to be no longer a notifiable disease, and while such notification continues in force, the disease to which it relates shall not be a notifiable disease. I (3.) Subject to subsection four of this section the Governor in Council may by notification in the Gazette declare any disability to be notifiable. _ (4.) The Governor in Council may by notification in the Gazette declare any such disability which has been declared to be notifiable in accordance with subsection three hereof to be no longer notifiable.”

300 Health Acta Amendment Act. 8 E liz . II. No. 57, Aofms.en3d0m. ent by r1ep4e.alSinegctisounbtshecirtitoynofonthee tPhreirnecoifpaalnAdctinisseratminegn, deind lieu thereof, the following subsection :— dNoifosnetiaofsitciefaioatribolne found“ ( t 1 o .) bWe hseunfefveerringinfroamny apnryemniosteisfiaabnley dpiseerasosen oirs disability. disability, or from any sickness the symptoms of which raise a reasonable suspicion that it may be a notifiable disease or disability, the following provisions shall apply (a) Every medical practitioner who attends upon or is called in to visit the patient shall, upon the day on which he becomes aware of the nature of the disease or disability or suspected disease or disability give notice thereof to the Director-General and, in the case of any of the following diseases, namely, ancylostomiasis, cholera, dengue, diarrhoea (of more than forty-eight horns’ duration in children under two years of age), diphtheria, dysentery (amoebic and bacillary), filariasis, hepatitis (infective and serum), leptospirosis, malaria, meningitis, plague, poliomyelitis (paralytic and non paralytic), scarlet fever, smallpox, tetanus, tuberculosis (all forms), typhoid fever (including paratyphoid), typhus (murine), yellow fever, and any other disease which the Governor in Council on the recommendation of the Director-General from time to time by notification in the Gazette declares, he shall also inform the occupier and give notice to the Local Authority thereof; (b) The medical superintendent or medical officer of any hospital or institution, or if there is no medical superintendent or medical officer, the person in charge of such hospital or institution, shall upon the day on which he becomes aware of the nature of the disease or disability or suspected disease or disability give notice thereof to the Director-General and, in the case of any of the following diseases, namely, ancylostomiasis, cholera, dengue, diarrhoea (of more than forty-eight hours’ duration in children under two years

1959. Health Acts Amendment. Act. of age), diphtheria, dysentery (amoebic and bacillary), filariasis, hepatitis (infective and serum), leptospirosis, malaria, meningitis, plague, poliomyelitis (paralytic and non paralytic), scarlet fever, smallpox, tetanus, tuberculosis (all forms), typhoid fever (including paratyphoid), typhus (murine), yellow fever, and any other disease which the Governor in Council on the recommendation of the Director-General from time to time by notification in the Gazette declares, to the Local Authority thereof; (c) Every such notice as aforesaid to the Director- General and to the Local Authority shall be given by the person concerned in writing in or to the effect of such form as the Director- General may from time to time prescribe ; (d) Any person required to give notice under and pursuant to this subsection who fails so to do shall be liable to a penalty not exceeding twenty pounds.” 301 15. The headnote appearing immediately prior to Headnote section thirty-two of the Principal Act is amended by amen ed' repealing the word “ Infectious ” and inserting, in lieu of that repealed word, the word “ Communicable 16. The Principal Act is amended by repealing section thirty-two and inserting, in lieu of that repealed “ 33 “®" section, the following section :— “ [32.] The following diseases shall be and be ^^nuni’ deemed to be communicable diseases, namely, diseases, ancylostomiasis (hookworm), anthrax, brucellosis, cholera, dengue, diarrhoea (of more than forty-eight hours’ duration in children under two years of age), diphtheria, dysentery (amoebic and bacillary), encephalitis, filariasis, hepatitis (infective or serum), hydatid disease, leprosy, leptospirosis, malaria, meningitis, neo-natal infections (any staphylococcal or streptococcal disease occurring in an infant within twenty-one days of birth), ornithosis (psittacosis), plague, poliomyelitis (paralytic

302 Health Acts Amendment Act. 8 E liz . II. No. 57, and non-paralytic), puerperal infections (any febrile infection of the genital tract in a mother occurring within twenty-one days of childbirth or miscarriage), Q. fever, relapsing fever, rheumatic fever (acute and recurrent and including chorea), rubella (German measles) in females over the age of fourteen years, scarlet fever, smallpox, taeniasis, tetanus, tuberculosis (all forms, including pleural effusion and erythema nodosum), typhoid fever (including paratyphoid), typhus (epidemic, murine, scrub, tick), yellow fever, venereal disease and also any other disease which the Governor in Council on the recommendation of the Director-General from time to time by notification in the Gazette declares to be a communicable disease within the meaning of this Act, either generally or with respect to any particular place.” oAfmse. n3d3m. ents amen1d7ed. — Section thirty-three of the Principal Act is (а) By repealing, in subparagraph (a) of the first paragraph, the words “ infectious disease ” and inserting, in lieu of those repealed words, the words “ disease or disability ” ; (б) By repealing, in subparagraph ( b ) of the first paragraph, the words “ infectious disease ”, and inserting, in lieu of those repealed words, the words “ disease or disability ” ; (c) By repealing subparagraph (c) of the first paragraph and inserting, in lieu of that repealed subparagraph, the following subparagraph:— “ (c) The examination or treatment, or examination and treatment of persons having or suspected of having any disease, or disability, or who are or are suspected of being carriers of any disease.” ; (d) By, in subparagraph (viii.) of the second paragraph— (i.) Repealing the words “ provided by the Local Authority ” ; and (ii.) Repealing the words “ infectious disease ” and inserting, in lieu of those repealed words, the words “ communicable disease ” ;

1959. HealthActsAmendmentAct. 303 (e) By repealing subparagraph (xi.) of the second paragraph and inserting, in lieu of that repealed subparagraph, the following subparagraph :— “ (xi.) For prescribing standards for water for consumption or use by man, measures for the protection and purification of such water, and the prevention of the pollution thereof, and for the proper construction, including with respect to standards for materials or workmanship, or both, of tanks and cisterns for storing such water so as to ensure the purity thereof and to prevent breeding of or infestation by insect or other life, and for requiring, controlling and regulating the periodical cleansing of such tanks and cisterns ; ” (/) By inserting, after subparagraph (xi.) of the second paragraph, the following subparagraph:— “ (xii.) For prescribing standards for water for swimming pools and measures for maintaining such water at such standards ; ” ; and (g) By renumbering subparagraphs (xii.), (xiii.) and (xiv.) of the second paragraph to be respectively subparagraphs (xiii.), (xiv.) and (xv.). 18. Section thirty-four of the Principal Act is Amendments ■amended— of s. 34. (a) By repealing subsection one; and ( b) By repealing in subsection two the words ** infectious disease ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ communicable disease ”. 19. Section 34 a of the Principal Act is amended Amendment by repealing the words “ infectious disease ”, wherever of 8. 34 a . appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ communicable disease ”. amen2d0ed. — Section thirty-five of the Principal Act is o A f m 8 e . n 3 d 5 m . ents (а) By repealing the words “ infectious disease ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ communicable disease ” ; and (б) By repealing paragraph (i.).

304 Health Acts Amendment Act , 8 E liz . II. No. 57, Amendments 21. Section thirty-six of the Principal Act is of s. 36. amended— (a) By repealing in subsection one of that section the words “ refuses to enter ” and inserting, in lieu of those repealed words, the words “ fails or refuses to enter or remain in ” ; ( b) By repealing, in subsection one of that section, the words “ infectious disease ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ communicable disease ” ; (c) By inserting after subsection three the following subsection “ (4.) Any person affected or suspected to be affected with a communicable disease who is admitted to an isolation hospital or temporary isolation place shall remain therein for such period, as in the opinion of the medical officer of health or medical superintendent, is necessary for the purposes of his proper isolation and treatment, and the medical officer of health, medical superintendent, matron or other person for the time being in charge of such isolation hospital or temporary isolation place, or any person acting under the direction of any of them, may exercise such force as may be reasonably necessary to detain such person for such purposes. A person who fails to remain in any isolation hospital or temporary isolation place in accordance with the requirements of this subsection or who assaults, resists or obstructs any medical officer of health, medical superintendent, matron or other person for the time being in charge of any such isolation hospital or temporary isolation place, or any person acting under the direction of any of them, in the exercise of any power conferred by this subsection, shall be guilty of an offence and liable to a penalty of not more than twenty pounds.” ; and (d) By renumbering subsection four of that section to be subsection five, and in that subsection as so renumbered, repealing the words “ ten pounds ” and inserting, in lieu of those repealed words, the words “ twenty pounds ”.

1959. HealthActsAmendmentAct.. 305 22. Section thirty-seven of the Principal Act is Amendments amend i e l d l by— of 8. 37. (a) Repealing the words “ police magistrate ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ stipendiary magistrate ” ; and (b) Repealing the words “ infectious disease ” and inserting, in lieu of those repealed words, the words “ communicable disease 23. Section thirty-nine of the Principal Act is Amendment amended by repealing the words “infectious disease”, of8-39- wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ communicable disease ”. 24. Section forty-one of the Principal Act is hereby Repeal of repealed. 8‘ 41 ‘ 25. Section forty-two of the Principal Act is Repeal of hereby repealed. 3' i2' 26. The Principal Act is amended by repealing Repeal of section forty-three, and inserting, in lieu of that repealed section, the following section:— “ [43.] Any person who knowingly casts or causes, infectious permits or allows to be cast into any receptacle or mbbl8h- place any agent of a communicable disease without its previous disinfection shall be guilty of an offence. Penalty : Forty pounds.” 27. Section forty-five of the Principal Act is Repeal of hereby repealed. 8- 45‘ 28. Section forty-six of the Principal Act is hereby Repeal of repealed. 8'46' 29. Section forty-seven of the Principal Act is Amendments amended— ofs. 47 . (a) By repealing in subsection one the words “ who then is or within the space of eight weeks has been suffering from scarlet fever, diphtheria, or any other

306 Health Acts Amendment Act. 8 E liz . II. No. 57, disease ” and by inserting, in lieu of those repealed words, the words “ who then is or within the prescribed period has been suffering from any disease ” ; (b) By repealing in subsection two the words “ scarlet fever, diphtheria, or any other disease ” and by inserting, in lieu of those repealed words, the words “ any disease ” ; (c) By, in subsection three, repealing the words “ infectious disease ” and inserting, in lieu of those repealed words, the words “ communicable disease ”, and also repealing the words “ are in an infectious condition ” and inserting, in lieu of those repealed words, the words “ are infected by or carriers of such communicable disease ” ; (d) By repealing subsection four; (e) By repealing the last paragraph of subsection seven ; and (/) By, in subsection eight, repealing the words “five pounds” and inserting, in lieu of those repealed words, the words “ ten pounds Headnote amended. 30. The headnote appearing immediately prior to section forty-eight of the Principal Act is amended by repealing the word “ Vaccination ” and inserting, in lieu of that repealed word, the word “ Smallpox ”. Amendments 31. Section forty-nine of the Principal Act is of s. 49. amended— (a) By, in paragraph (v.) of subsection three, repealing the words “ infectious disease ” and inserting, in lieu of those repealed words, the words “ communicable disease ” ; (b) By, in subsection eleven, repealing the words “ five pounds ” and inserting, in lieu of those repealed words, the words “ twenty pounds ” ; and (c) By, in subsection thirteen, repealing the words “ five pounds ” and inserting, in lieu of those repealed words, the words “ ten pounds Amendment 32. Subsection seven of section fifty of the of s. 50 (7). Principal Act is amended by repealing the words “ twenty pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ”.

1959. HealthActsAmendmentAct. 307 33. Section fifty-one of the Principal Act is Amendment® amended— of s. 51. (a) By, in subsection one, repealing the word “lepers” and inserting, in lieu of that repealed word, the words “ persons suffering from leprosy ” ; (b) By repealing subsection two and inserting, in lieu of that repealed subsection, the following subsection:— “ (2.) In this section the term patient means a person suffering from leprosy.” ; (c) By, in subsection three, inserting before the words “ suffering from leprosy ”, the words “ or is suspected to be ”, and also repealing the word “ supposed ” and inserting, in lieu of that repealed word, the word “ suspected ” ; ( d ) By, in subsection four— (i.) Inserting before the words “ suffering from leprosy ” the words “ or is suspected to be ” ; (ii.) Repealing the words “ a lazaret ” where i firstly appearing and inserting, in lieu of those repealed words, the words “ a hospital named by the Director-General in such order ” ; (iii.) Repealing the words “ a lazaret ” where secondly appearing and inserting, in lieu of those repealed words, the words “ such hospital ” ; and (iv.) Repealing the words “ the lazaret ” and inserting, in lieu of those repealed words, the words “ such hospital ” ; (p) By, in subsection five— (i.) Repealing the words “All lepers so detained ” and inserting, in lieu of those repealed words, the words “ Every patient detained in a hospital pursuant to an order of the Director-General under this section ” ; and (ii.) Repealing the words “ the lazaret ” and inserting, in lieu of those repealed words, the words “ such hospital or within such other limits as the Director-General may order ” ; N

308 Health Acts Amendment Act. 8 Euz. II. No. 57, 1 (f) By, in subsection six— (i.) Repealing the word " lepers " and inserting, in lieu of that repealed word, the word " patients" ; (ii.) Repealing the words "a lazaret ", wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words "any hospital pursuant to an order of the Director-General under this section" ; and Repealing the word " leper " and inserting, in lieu of that repealed word, the word "patient ". (g) By repealing subsection seven and inserting, in lieu of that repealed subsection, the following subsection :— "(7.) If the Director-General is satisfied that a person detained in a hospital pursuant to an order made by him under this section is apparently free from leprosy or is no longer a danger to other people, the Director- General may release such person on such conditions as he determines. Any person so released shall return for examination by clinical and bacteriological methods at such times and places as the Director-General may appoint. o h a G h a b a h su "b "t w am If any such person fails to attend for such examination at any time and place appointed by the Director-General or fails to comply in any respect with any condition determined by the Director-General, the Director-General may by order under his hand direct that such person be removed to and detained in the hospital named by the Director-General in such order and thereupon the provisions of this section relating to removal to and detention in a hospital of persons pursuant to an order made by the Director-General under this section shall apply and extend accordingly."; (h) By, in subsection eight— (i.) Repealing the word " lazaret " and inserting, in lieu of that repealed word, the words "hospital in which any person is detained pursuant to this section ' ; and po the po the "tw rep po the po the po the

57, 1959. Health Acts Amendment Act. 309 ng, ord ver ose the r of n" ; ng, ord , in ing at a ade osy tor- s as tion mes uch the pect eral, rect the rder g to ons eral ly."; ting, ords ined (ii.) Repealing the words "twenty pounds" and inserting, in lieu of those repealed words, the words "fifty pounds " ; (i) By repealing subsection nine; (j) By repealing subsection ten and inserting, in lieu of that repealed subsection, the following subsection :— " (10.) When a person who is suffering from leprosy has sufficient means to provide for his proper maintenance and attendance by a medical practitioner, the Director- General may direct that instead of being removed to a hospital he shall be removed to a place to be specially appointed by the Director-General for that purpose, and be there detained under such supervision and treatment as the Director-General may direct. All of the provisions of this section relating to hospitals shall apply to any place in. which a person suffering from leprosy is ordered to be so detained.' ; (k) By, in subsection twelve, repealing the words "by the Minister or " ; and (1) By, in subsection thirteen, repealing the words "twenty pounds" and inserting, in lieu of those repealed words, the words "fifty pounds ". amen 3 d 4 ed . bSye— ction fifty-four of the Principal Act is oAfmAe. n5d4.ments (a) In subsection one, repealing the words "fifty pounds" and inserting, in lieu of those repealed words, the words " one hundred pounds " ; (b) In subsection two, repealing the words "twenty pounds" and inserting, in lieu of those repealed words, the words "fifty pounds " ; (c) In subsection three, repealing the words "twenty pounds" and inserting, in lieu of those repealed words, the words "fifty pounds " ; (d) In subsection four, repealing the words, "five pounds" and inserting, in lieu of those repealed words, the words "ten pounds " ; (e) In subsection five, repealing the words "five pounds" and inserting, in lieu of those repealed words, the words "twenty pounds " ; (f) In subsection six, repealing the words "five pounds" and inserting, in lieu of those repealed words, the words "twenty pounds " ;

310 Health Acts Amendment Act. 8 Emz. 11. No. 57, (g) In subsection seven, repealing the words "five pounds" and inserting, in lieu of those repealed words, the words "twenty pounds " ; (h) In subsection eleven, repealing the words "ten pounds ", wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words "twenty-five pounds" ; and (i) In subsection twelve, repealing the words "one hundred pounds" and inserting, in lieu of those repealed words, the words "two hundred pounds ". Amendment 35. Subsection two of section fifty-six of the of a 58 (2) Principal Act is amended by, in paragraph (a), repealing the words "a police magistrate" and inserting, in lieu of those repealed words, the words "a stipendiary magistrate ". Repeal of and new L 58 (2). 36. Subsection two of section fifty-eight of the Principal Act is repealed and the following subsection inserted in lieu thereof :— "(2.) No person shall publish or cause to be published any statement or advertisement concerning any article for sale which, directly or by implication, indicates or suggests that the use of such article as a medicine, instrument or appliance can alleviate or cure— (i.) Any venereal disease or disease affecting the generative organs or functions ; (ii.) Sexual impotence; (iii.) Any complaint or infirmity arising from or relating to sexual intercourse; or (iv.) Female or menstrual irregularities. No person shall publish or cause to be published any statement or advertisement indicating or suggesting that any person offers or is willing or has power to treat, attend upon, alleviate or cure any such disease, complaint or infirmity, or inviting or suggesting that any person should in any way be consulted by any other person for the purposes of any such treatment, attention, alleviation or cure, or any examination for any of such purposes: Provided always that nothing herein contained shall render any person liable for publishing or causing to be published any such statement or a

1959. HealthActsAmendmentAct. advertisement if he can prove that at the time of the publication he was in possession of written authority signed by the Director-General authorising him to publish such statement or advertisement. Any person shall be deemed to have published any statement or advertisement referred to in this subsection who— (a) So affixes or inscribes such statement or advertisement on anything whatsoever that it is visible to persons being in or passing along any street, railway or public place ; ( b) Delivers or offers or exhibits such statement or advertisement to any person being in or passing along any street, public place or public conveyance ; (c) Throws such statement or advertisement dpwn the area or into the yard, garden or enclosure of any house ; ( d) Exhibits such statement or advertisement to public view in any house, shop or place ; (e) Prints or publishes or causes to be printed or published such statement or advertisement in any newspaper; (/) Sells, offers or shows or sends by post any statement or advertisement to any person ; (g) Sells any drug, medicine, instrument, , appliance or article upon which, or upon the package containing which, or upon any pamphlet, leaflet, book or other literature accompanying or enclosing which, is written such statement or advertisement; (h) Prints or writes or causes to be printed or written such statement or advertisement on any handbill, billhead, price-list, posted or label, or on any wrapper, carton or other means or substance enclosing a package, or on , any description, testimonial or printed ma tter accompanying or attached to a package. I 1 In this subsection the word “ statement ” includes any document, book or paper containing any statement. 311

312 Health Acts Amendment Act. 8 Buz. II. No. 57, 1959 Books, documents and papers published in good faareithexfeomr ptht efroadmvtahnecpermoveinstioonfsmofedthicisasleocrtisounr.gical scienc'eorfetph Any person who contravenes any of the provisions of this subsection shall be guilty of an offence against four c this Act." Amendment 37. Section fifty-nine of the Principal Act is of s. 59. amended by repealing the words "fifty pounds" and inserting, in lieu of those repealed words, the words "one hundred pounds ". Amendnaen 38. Subsection one of section sixty of the Principal of s. 60(1). Act is amended by repealing the words "fifty pounds" and inserting, in lieu of those repealed words, the words "one hundred pounds ". Headnote amended. 39. The headnote appearing immediately before section sixty-one of the Principal Act is amended by repealing the words " Industrial Hygiene" and inserting, in lieu of those repealed words, the words " Industrial Medicine". P oAfmse. n6d1m. ents amen 4 d 0 ed . — Section sixty-one of the Principal Act is (a) By, in the first paragraph of subsection one, repealing the word " employees ' and inserting, in lieu of that repealed word, the word " persons " ; (b) By, in subparagraph (e) of the second paragraph of subsection one, repealing the word "employees"and inserting, in lieu of that repealed word, the word " persons " ; and (c) By, in subsection three, repealing the word "employees "and inserting, in lieu of that repealed word, the word "persons Repeal of and new e. 65. Who may hold licenses. 41. Section sixty-five of the Principal Act is repealed, and the following section is inserted in lieu of that repealed section :— "[65.] No person or association of persons other than a medical practitioner, a registered nurse, a religious body or order or a society approved by the Director-General, shall be entitled to apply for or hold a license for a private hospital."

1959. HealthActsAmendmentAct. 313 repea4le2d., Saencdtiotnhe sfioxltloyw-siinxg osefctitohne isPriinnsceirptaeld iAncltieuis 3aRn. e6dp6en.aelwof of that repealed section :— four “ cla[ 6 s 6 se. ] s, Lniacemnseelys :— for private hospitals shall be of lKicienndsseso. f (a) A general private hospital for the reception, care and treatment of medical, surgical and maternity cases; ( b) A lying-in hospital for the reception, care and treatment of maternity cases only ; (c) A hospital for the reception, care and treatment of jnental cases only (other than cases in respect of persons who have been certified as mentally sick pursuant to “ The Mental Hygiene Act of 1938 ”); (d) A hospital for the reception, care and treatment of mothers and infants : Provided that— j ■ I (a) A license for a general private hospital shall, in the case of a nurse, be granted only to a nurse who is registered as a general nurse pursuant to the provisions of “ The Nurses | and Masseurs Registration Acts, 1928 to 1948 ( 6 ) In the case of a license for a general private hospital granted to a religious body or order or a society approved by the Director- General, there shall be employed in charge of such hospital a medical practitioner or a nurse who is registered as a general nurse pursuant to the provisions of “ The Nurses and Masseurs Registration Acts, 1928 to 1948 ” ; (c) A license for a lying-in hospital shall, in the case of a nurse, be granted only to a nurse who is registered as a midwifery nurse pursuant to the provisions of “ The Nurses and Masseurs Registration Acts, 1928 to 1948 ” ; (d) In the case of a license for a lying-in hospital granted to a religious body or order or a society approved by the Director-General, there shall be employed in charge of such

311 Health Acts Amendment Act. 8 Euz. II. No. 57, 19 hospital a medical practitioner or a nurse who is registered as a midwifery nurse pursuant to the provisions of "The Nurses and Masseurs Registration Acts, 1928 to 1948 " ; (e) A license for a hospital for the reception, care and treatment of mental cases only shall, in the case of a nurse, be granted only to a nurse who is registered as a mental nurse pursuant to the provisions of " The Nurses and Masseurs Registration Acts, 1928 to 1948 " ; (f) In the case of a license for the reception, care and treatment of mental cases only granted to a religious body or order or a society approved by the Director-Gerteral, there shall be employed in charge of such hospital a medical practitioner or a nurse who is registered as a mental nurse pursuant to the provisions of "The Nurses and Masseurs Registration Acts, 1928 to 1948 " ; (g) A license for a hospital for the reception, care and treatment of mothers and infants shall, in the case of a nurse, be granted only to a nurse who is registered as a child welfare nurse pursuant to the provisions of " The Nurses and Masseurs Registration Acts, 1928 to 1948 " ; (h) In the case of a license for a hospital for the reception, care and treatment of mothers and infants granted to a religious body or order or a society approved by the Director- General, there shall be employed in charge of such hospital a medical practitioner or a nurse who is registered as a child welfare nurse pursuant to the provisions of " The Nurses and Masseurs Registration Acts, 1928 to 1948" : Provided further that, in the case of a combined general, private and lying-in hospital, where the nurse (being the holder of the license or the person employed in charge) is registered only as a general nurse, there shall be employed in such hospital a registered midwifery nurse, and the services of such a registered m as an o re em an be tr am li su ho co sh m so pr na co pr nu co lie sub be for tim on un ch pre gra

7, 1959. Health Acts Amendment Act. 315 h" n d ot; amoasnfidmtdhiwiendilwlfiieckifreeeynmrsyneaucnoranrsseeetrhssweahhrpaeeelrlrbesbeotiehnnegreenmttruaepriasnlteoeey(ddbeiedfnionitrnghsectuhhhceaohrhsgpoteiilm) dtaeilesr; n, registered only as a midwifery nurse, there shall be y employed in such hospital a registered general nurse d and the services of such a registered general nurse shall al be retained for such time as general cases are being he treated in the hospital." 28 ny, amen 4 d 3 ed . bSye— ction seventy-one of the Principal Act is 1.nsierlenta a (a) Repealing subsection one and inserting, in l, lieu of that repealed subsection, the following h subsection :— se "(L) (a) The person to whom a license for a private nt hospital is granted shall be held responsible for the due d conduct thereof. ; (b) Such licensed person, if a registered nurse, n, shall continuously reside on the premises; and, if a ts medical practitioner, shall either personally continuously d so reside, or some registered nurse or medical ld practitioner appointed by him in that behalf, and whose of name is notified to the Dixector-General, shall s, continuously so reside. (c) In the case of a society to which a license for a he private hospital is granted the medical practitioner or rs nurse employed in charge of such hospital shall or continuously reside on the premises."; and r- (b) Repealing subsection two and inserting, in ge lieu of that repealed subsection, the following or subsection :— 2 h re8 e bfoerina"gn( y2m.p) aedTrehioeidnDnwiorreticteitxnocgr- eGteodehinniemgrat, lhgmrreaaenymt, luoepnaotvhnesaoapftpaalbincsyaetonioncnee time to any such person as is mentioned in subsection d one of this section: esde Provided that during such period a person qualified re under this Act to hold a license or to be employed in ry charge of such hospital, shall reside on the licensed d premises and undertake the responsibility of the person granted leave of absence."

316 Health Acts Amendment Act. 8 Euz. II. No. 57, Amendment 44. Subsection three of section seventy-two of the 72 (3). Principal Act is amended by repealing the words "twenty pounds" and inserting, in lieu of those repealed words, the words "fifty pounds ". a Amae.n7d9m. ents amen 4 d 5 ed . bSye— ction seventy-nine of the Principal Act is (a) In subsection four, repealing the words "five pounds" and inserting, in lieu of those repealed words, the words "twenty pounds " ; (b) In subsection six-- (i.) Repealing the words "ten, shillings" and inserting, in lieu of those repealed words, the words "one pound " ; and (ii.) Repealing the words "twenty shillings" and inserting, in lieu of those repealed words, the words "two pounds ". oAfmae. n8d5m. ent ame 4 nd 6 e . dSbeyctrieopneealiignhgtyth- feivweoordf sth" efiPftryinpcoiupnadl sA" catnids inserting, in lieu of those repealed words, the words "one hundred pounds ". Amendment 47. Section eighty-eight of the Principal Act is of 8. 88. amended by repealing the words "police magistrate" wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words "stipendiary magistrate ". oAfmee. n9d4m( 4e) n.t Princ 4 i 8 p . alSAucbtseisctaimonenfoduerdobfysreecptieoanlinnigntehtye-wfoourrdosf" tthene shillings" and inserting, in lieu of those repealed words, the words "one pound ". Amendment 49. Subsection four of section ninety-five of the of 8. 95 (4). Principal Act is amended by repealing the words "five pounds" and, inserting, in lieu of those repealed words, the words "twenty pounds ". oAfm9. en9d7m. ent amen 5 d 0 e . dSbeyctrieopnenaliinnegtyt-hseevweonrdosf " thfievPersihniclilpinagl sA" catnids inserting, in lieu of those repealed words, the words "one pound ". 1 a i " i " A t ( c c l s a

1959. 7, Health Acts Amendment Act. 317 dhees ianmseenr( 5 tadi 1 ) end . gRS, beyienp— cetliiaoelnuinnogifnttehhtoeys- weeirogehrpdtesoafl" eftdhifewtyPorrpidnoscu, itnphadelswA" ocartndidss oAfm s. en 9 d 8 m . ents "one hundred pounds " ; and is inser(tbi)ngR, eipneliaeluinogf tthhoesewroerpdesal"efdivweoprdosu, nthdesw" oarndds e "ten pounds ". s, Act i 5 s ' a A m . eSnedcetdio— n one hundred and one of the Principal AjrnidoTents (a) By adding to paragraph (j) of subsection one d the words "or contains any foreign matter" ; and s, (b) By repealing, in subparagraph (ii.) of paragraph (a) of subsection two, the words any morphine, opium, d cocaine, heroin, alpha or beta eucaine, chloroform, s, cannabis indica, chloral hydrate, acetanilide, phenacetin, or any soporific or hypnotic substance" and inserting, in lieu of those repealed words, the words "any dangerous is drug, restricted drug or poison ". d ds 53. The Principal Act is amended by repealing Reseal of section one hundred and three and inserting, in lieu nor of that repealed section, the following section :— eis" shall", a [1 d 0 d 3 i . t ] ioFnoarlltyhteopaunrypofosoesd, odfrtuhgisoAr acrttiacnley spoelrdsobn y lSealvenastnsbtoys.r & o se him personally, be deemed to sell any food, drug or ds article which he sells through any employee or agent or which he sells as an employee or agent. In this section the terms " employee " or " agent " he respectively include, but without limit to the generality n of their meanings, a manager or representative of an s, employer or principal." he sectio5n4.onTehheuPnrdinrecdipaanl dActht rieseatmheenfdoelldobwyiningsseertcitniognaf: t—er iNnesewritse.d1. 03A vse, milk"is [1 t 0 a 3 k A e . n ] fWromheraenyuncodnetratihneisr Aancdt tahesammilpklesootfaakneyn awMdiiultkhlteTraatteerd. is found on analysis to be adulterated with water, the sample shall be deemed for the purposes of this Act ndidss cttohootahnbtetecaroicannoetsnaratifamnoienrprmelwresaooasrfipcnaaotnrentyntnadbioenudtewlrtkoistohbbsfeetfwamonrhidexiicebndhegiwtnthhgietahstmomthlidiell. kk" miininlkathninye

318 Health Acts Amendment Act. 8 Buz. II. No. 57, oAfms. e1n0d8m.ent Act i5s5r.enSuemcbtieornedosnuebhseucntdiornedonaen, dansidxtohaftthseecPtiroinncaispsaol renumbered is amended by adding the following subsection :— (2.) The Director-General may, by notification published in the Gazette, permit the sale or supply of any medicine or other drug, not being a poison, by means of any automatic machine or similar mechanical device. He may by a like notification revoke any such permission. While any such notification continues in force, subsection one of this section shall not apply with respect to the medicine or other drug specified in the notification." oAfms. en1d1m2.ent Princ5i6p.alSAeccttiisoanmoennedehdubnydrreepdeaalnindg ttwheewlvoerdosf" othnee hundred pounds" and inserting, in lieu of those repealed words, the words "two hundred pounds ". s 1R s 1e . 9p 1 e 1 aa 7 nl , do 1 1f 1 2 8 0 , . ' h und 5 re 7 d . aSndecetiigohnteseon, noenheuhnudndrereddaanndd nseinveetenetneeann,doonnee hundred and twenty of the Principal Act are hereby repealed. asR.ne1dp2en1ae. lwof secti 5 on 8. oTnehehuPnrdinrecdipaanldAtcwteinstaym-oennedaenddbiynsreerptienagl, ining lieu of that repealed section, the following section :— aw F e i a l r t tae r t a res t d io an n dof for s " al [ e 12 a 1 n .1 y Nfreosphefrrsuoitndsrhinakllsm, faruniutfbaecvtuerreagoersporrepfrauriet ice, drinks, fruit juice cordials or syrups, flavoured fruit juice cordials or syrups, imitation fruit juice cordials or syrups, raspberry vinegar, non-excisable fermented drinks, fruit-flavoured drinks, summer or temperance drinks, aerated waters, medicinal beverages or any similar beverage or any ice intended for human consumption, unless the water used in the manufacture or preparation thereof and contained therein has been passed through a filter or filters or steriliser approved by the Director-General and thereafter before use has been so kept as to be free from contamination and impurity." P r i

1959. HealthActsAmendmentAct. 319 59. Section one hundred and twenty-four of the Principal Act is amended— ° 8' (a) By, in paragraph (iii.) of subsection one, repealing the words “ ninety per centum ” and inserting, in lieu of those repealed words, the words “ ninety-five per centum by weight ” ; (b) By, in paragraph (iv.) of subsection one, repealing the words “ consists entirely of wool ” and inserting, in lieu of those repealed words, the words “ contains at least ninety-five per centum by weight of wool ” ; and (c) By, in subsection two, inserting after the word “ paraphenylenediamine ” the words “ or any of its derivatives ' 60. Subsection one of section one hundred and Ajpei^*5"t twenty-six of the Principal Act is amended by repealing 0 8’ ( in the second paragraph the words “ the outside of ”. 61. Section one hundred and twenty-seven of the Amendment* Principal Act is amended— os.. (а) By repealing the last paragraph of subsection two thereof; ( б ) By repealing subsection three thereof; (c) By, in subsection four— (i.) Repealing the words “ or subsection three ” ; and (ii.) Repealing the words “ ten pounds ” and inserting, in lieu of those repealed words, the words “ twenty-five pounds ” ; ( d) By repealing subsection five and inserting, in lieu of that repealed subsection, the following subsection :— “ (5.) For the purposes of this section any officer may remove for examination or analysis a sample or samples of any paint adhering to, or which is [being used or put by any person on, the roof of any house or other building or structure whatsoever, any exterior portion, other than the roof, of any house or other building whatsoever, any interior portion of any house, or any fence or gate whatsoever or any household furniture.

320 HealthActs Amendment Act. 8 E liz . II. No. 57, Where an officer is an officer of a Local Authority his powers under this section may be exercised within the Area of the Local Authority and on any or any part of any street, harbour, river, stream or watercourse within or abutting upon the boundaries of such Area; ” and (e) By repealing the words “ ten pounds ”, in paragraph (a) of subsection six, and inserting, in lieu of those repealed words, the words “ twenty-five pounds oAfm8. en1d2m8.ent Princ 6 ip 2 a . l SAeccttiiosnamonenedheudnbdyreadddainndg tthweernettoy-tehigehftolloofwtinhge paragraph:— “ A person shall not be convicted for an offence under this section for that the statement of ingredients prescribed by this section is written in capital letters of lesser measurement than prescribed by this section if, but only if, the adjudicating court is satisfied— (a) That the package in relation to which the offence is alleged was too small to permit the use of a label containing a statement of ingredients written in capital letters of the prescribed measurement; (b) That the capital letters in which such statement of ingredients was written were of the maximum measurement possible having regard to the requirements of this section and the size of the package; and (c) That in every other respect the requirements of this section were complied with in respect to such package.” Amendment 63. Section one hundred and twenty-nine of the of8. 129* Principal Act is amended by repealing the words “ fifty pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ”. Amendments 64. Subsection two of section one hundred and of 8. 131 (2). thirty-one of the Principal Act is amended by— (a) Repealing the words “ twenty pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ” ; (b) Repealing the words “ fifty pounds ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ one hundred pounds ” ;

1959. HealthActsAmendmentAct. 321 (c) Repealing the words “ one hundred pounds ” and inserting, in lieu of those repealed words, the words “ two hundred pounds ” ; and (d) Repealing the words “ the police magistrate ” and inserting, in lieu of those repealed words, the words “ the stipendiary magistrate 65. Section one hundred and thirty-two of the Amendment* Principal Act is amended— of 8‘ 132‘ (a) By, in paragraph (a) of subsection one, after the words “ prohibited article ”, inserting the words “ or any other article which, upon the recommendation of the Director-General, the Governor in Council (who is hereby thereunto authorised) shall have declared by Order in Council to be an article to which the provisions of this section apply ” ; ( b) By, in paragraph (b) of subsection one, after the words “ prohibited article ”, inserting the words “ or any other article which, upon the recommendation of the Director-General, the Governor in Council (who is hereby thereunto authorised) shall have declared by Order in Council to be an article to which the provisions of this section apply ” ; and (c) By, in subsection five, repealing the words “ any police magistrate ” and inserting, in lieu of those repealed words, the words “ any stipendiary magistrate ”. 66 . Section one hundred and thirty-seven of the Amendment* Principal Act is amended— of8,137, (а) By repealing the words “ ten pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ” ; and ( б ) By repealing the words “ fifty pounds ” and inserting, in lieu of those repealed words, the words ** one hundred pounds ”. 67. Section one hundred and thirty-eight of the Amendment* Principal Act is amended by— ° B* * (a) Repealing the words “ police magistrate ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ stipendiary magistrate ” ; (b) Repealing the words “ five pounds ” and inserting, in lieu of those repealed words, the words “ twenty pounds ” ;

322 Health Acts Amendment Act. 8 Euz. II. No. 57, (c) Repealing the words “ ten pounds” and inserting, in lieu of those repealed words, the words “ fifty pounds ” ; and (d) Repealing the words “ fifty pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ”. Repeal of 68 . The Principal Act is amended by repealing as.nd13n9e. w section one hundred and thirty-nine, and inserting, in lieu of that repealed section, the following section :— Liability for “ [ 139 .] (I.) Notwithstanding sections seven or aofgfeenntceofby twenty-three of “ The Criminal Code ”, or any other employee. Act or law, or any rule or practice of law, where any person commits an offence against this Act in relation to any food, drug or article as an agent or employee, the principal or employer of such person shall be deemed to have taken part in committing the offence, and to be guilty of the offence, and may be charged with actually committing it. It shall be immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer. (2.) A person shall not be liable to be convicted for an offence against this Act in relation to any food, drug or article committed by him as an employee if the adjudicating court is satisfied that the offence was committed at a time and place when and where the business of his employer was being conducted under the personal superintendence of such employer or of a manager or other representative of such employer, and that the offence was committed with the knowledge of such employer, manager or other representative. (3.) Save as provided by subsection two of this section, this section applies so as not tp prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed.” Amendments 69. Section one hundred and forty of the Principal of s. 140. Act is amended— (a) By, in subsection three, repealing the word “ owner” and inserting, in lieu of that repealed word, the word “ principal ” ; and

1959. HealthActsAmendmentAct. 323 (h) By, in subsection four, repealing the word “ owner ” and inserting, in lieu of that repealed word, the word “ principal 70. Subsection one of section one hundred and Afmen£?em forty-three of the Principal Act is amended by— ° 8‘ ’ (а) Repealing the words “ twenty pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ” ; ( б ) Repealing the words “ ten pounds ” and inserting, in lieu of those repealed words, the words “ twenty-five pounds ” ; (c) Repealing the words “ fifty pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; (d) Repealing the words “ thirty pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ” ; and (e) Repealing tbe words “ one hundred pounds ” and inserting, in lieu of those repealed words, the words “ two hundred pounds 71. Subsection one of section one hundred and Amendment forty-five of the Principal Act is amended by repealing of 8‘145 (1)' the words “ a police magistrate ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ a stipendiary magistrate ”, 72. Section one hundred and fifty of the Principal Act is amended by repealing the words “ fifty pounds ”, ° 8‘ wherever those words appear in subsection three and subsection four, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ one hundred pounds ”. * 73. Subsection one of section one hundred and Amendment fifty-two of the Principal Act is amended by repealing of8‘152 (1)‘ paragraph (xvii.) and inserting, in lieu of that repealed paragraph, the following paragraph :— “ (xvii.) Regulating and restricting the ownership, possession, manufacture, sale, supply, use, lending, dispensing, prescribing, or giving away of poisons, restricted drugs, dangerous drugs, biological preparations, or therapeutic substances under and within the meaning of

324 Health Acts Amendment Act. 8 Enz. IT. No. 57, the TherapeuticSubstancesAct1953 of the Commonwealth; the licensing of persons or classes of persons to sell poisons or restricted drugs or dangerous drugs, or biological preparations, or therapeutic substances under and within the meaning of the TherapeuticSubstancesAct1953 of the Commonwealth ; the registration of the premises of all such licensees as aforesaid, any of which regulations may differ in respect of different poisons, or restricted drugs, or dangerous drugs, or biological preparations, or therapeutic substances under and within the meaning of the TherapeuticSubstancesAct1953 of the Commonwealth ; regulating the supply of drugs to drug addicts; providing for the inspection, sampling, seizure, and analysis of poisons, dangerous drugs, restricted drugs, biological preparations, or therapeutic substances under and within the meaning of the TherapeuticSubstancesAct1953 of the Commonwealth, which provisions may be in addition to or in lieu of the provisions contained in this Act in respect of inspection, sampling, seizure, and analysis.” Repeal of 74. The Principal Act is amended by repealing as.nd15n4ei.w section 154i and inserting, in lieu of that repealed section, the following section :— Constitution “ [1541.1 (1.) For the further or more effectually Qofuteheensland or particularly carrying out the objects and purposes Radium of “ The Hospitals Acts, 1936 to 1955,” and this Act, Institute. and in relation to the disease known as cancer, an Institute under the name of “ The Queensland Radium Institute ” (hereinafter referred to as “ the Institute ”) is hereby constituted with all the powers, rights, privileges and authorities and subject to all the liabilities, duties, obligations and responsibilities conferred or imposed by this section. ( 2 .) (a) The Institute shall consist of— (i.) The Director-General of Health and Medical Services (or person for the time being acting as the Director-General), who shall be ex officio a member of the Council and shall be chairman thereof ;

1959. HealthActsAmendmentAct. (ii.) Two members nominated by the Minister; (iii.) One member nominated by the University of Queensland who shall be a member of the staff of the University of Queensland; (iv.) One member nominated by the North Brisbane Hospitals Board; (v.) One member nominated by the South Brisbane Hospitals Board; (vi.) One member nominated by the controlling body of the Mater Misericordiae Public Hospitals; (vii.) One member nominated by the Queensland Branch of the British Medical Association; (viii.) One member nominated by the College of Radiologists, Queensland Branch; (ix.) One member nominated by the British Association of Dermatologists, Queensland Branch. (b) The Manager of the North Brisbane Hospitals Board shall, ex officio , be secretary of the Institute and the public office of the North Brisbane Hospitals Board shall be the public office of the Institute. (c) The provisions of section thirteen, fourteen, fifteen, sixteen and seventeen of “ The Hospitals Acts, 1936 to 1955,” shall, with and subject to all necessary adaptations apply to the Institute. (d) The Institute shall be charged with the duties • and responsibilities of the treatment of cancer within the State of Queensland at the hospitals established at Brisbane, Rockhampton, Mackay, Townsville, Cairns and Toowoomba, under the said Acts and in carrying out such duties and responsibilities shall, in relation to the treatment of cancer, co-ordinate the organisations for the treatment of the sick established at Brisbane, Rockhampton, Mackay, Townsville, Cairns and Toowoomba by the Hospitals Boards constituted under the said Acte, and at such other hospitals or institutions for the treatment of the sick as may be determined by the Governor in Council under this Act. (e) The Governor in Council may, from time to time, on the recommendation of the Institute, approve of any hospital or other institution established for the treatment of the sick as a hospital or institution for the treatment of canoe? by the Institute, 325

326 HealthActs Amendment Act. 8 E liz . II. No. 57, (/) In carrying out the duties and responsibilities mentioned in paragraph ( d) of this subsection, the Institute shall co-operate with the North Brisbane Hospitals Board, the South Brisbane Hospitals Board, the several Hospitals Boards constituted under “ The Hospitals Acts, 1936 to 1955,” and the management of any institution aforesaid, and the said Hospitals Boards and institutions shall co-operate with the Institute. (g) All decisions of the Institute relating to matters mentioned in this section affecting any hospital under the said Acts, or any other hospital or institution shall be conveyed by the Secretary of the Institute in writing to the Hospitals Board or other body controlling the hospital or institution concerned. (h) Any matter may be referred to the Minister by the Institute or by any Hospitals Board or by the controlling body of any hospital or institute whether the matter is the subject of dispute or not, and the decision of the Minister, after consideration of any representations the Institute, Hospitals Board or controlling body of any hospital or institute concerned may desire to make, shall be final. (i) The Institute shall make arrangements with the Hospitals Boards controlling the hospitals at Brisbane, Rockhampton, Mackay, Townsville, Cairns and Toowoomba, and such other hospitals or institutions as may be determined by the Governor in Council from time to time under this Act, for the treatment of patients suffering from cancer, in the public, intermediate and private wards of the said hospitals. (j) The treatment of patients in the public wards of any hospital or institution pursuant to arrangements made by the Institute shall be free, and the charges for intermediate and private patients shall be the charges respectively prescribed by the by-laws of such hospital or institution or fixed by its controlling body. (k) The Institute shall carry out radio-therapy treatment of the patients diagnosed as suffering from cancer, at the hospitals controlled by the Hospitals Boards at Brisbane, Rockhampton, Mackay, Townsville, Cairns and Toowoomba, and such other hospitals or institutions as may be determined by the Governor in Council from time to time.

1959. HealthActsAmendmentAct. 327 ( l ) The Institute shall keep statistical records of all necessary kinds in relation to the patients admitted to hospitals through the admission bureau and such records shall be kept by skilled personnel. (m) The Institute shall furnish an annual report to the Minister. (3.) The change in the constitution of the Institute Saving of consequent on the passing of “ The Health Acts obligations, Amendment Act of 1959 ” shall not affect the continuity &e. of the identity, or any rights or obligations of the Institute, or render defective any legal proceedings by or against the Institute, and any legal proceedings that might have been commenced or continued by or against the Institute as constituted prior to the passing of “ The Health Acts Amendment Act of 1959 ” may be commenced or continued by or against it as freshly constituted in accordance with this section.” 75. Section one hundredand fifty-nine of the Amendment Principal Act is amended by repealing the words “ fifty of a' 159‘ pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ”. 76. Section one hundred and sixty-two of the Amendment Principal Act is amended by repealing the words “ police of 8'162, magistrate ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ stipendiary magistrate ”. 77. Section one hundredand sixty-six of the ^™erJ^ent Principal Act is amended by repealing the words “ ten 0 8‘ ’ pounds ” and inserting in lieu of those repealed words, the words “ twenty-five pounds ”. 78. Section one hundred and sixty-seven of the Amendments Prihcipal Act is amended by— os.. (a) In subsection one repealing the words “ twenty pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ” ; ( b) In subsection two repealing the words “ five pounds ” and inserting, in lieu of those repealed words, the words “ ten pounds ” ; and (c) In subsection four repealing the words “ ten pounds ” and inserting, in lieu of those repealed words, the words “ twenty-five pounds ”.

328 Health Acts Amendment Act . 8 E liz . II. N o . 57, iNnesewrt 8 e . d 1 . 68 b sectio7n9.16T8 a heof tfhoelloPwriinncgipasleActciotn:— is insertod after Blood “ [fd#B.] In respect of the performance of the ttroamnsifnuosrios. ns operation of transfusing human blood upon a person under the age of twenty-one years (in this section called the “ patient ”) by a medical practitioner, such medical practitioner or any person acting in aid of such medical practitioner and under his personal supervision, shall not incur any legal liability by reason only that the consent of any parent or guardian was refused or not obtained if— (а) In the opinion of such medical practitioner a transfusion of human blood was necessary to preserve the life of the patient; and ( б ) Either— (i.) Upon and after in person examining the patient, a second medical practitioner concurred in such opinion before the operation of transfusion of human blood was performed ; or (ii.) The Medical Superintendent of a Base Hospital, being satisfied that a second medical practitioner is not available to examine the patient and of the necessity as aforesaid of the transfusion of human blood, consented to the performance of the operation of transfusion of human blood before it was performed (which consent may be obtained and given by any means of communication whatsoever). Amendment 80. Section one hundred and seventy-five of the of s. 175. Principal Act is amended by repealing the wends “ twenty pounds ’’ and inserting, In lieu of those repealed words, the words “ fifty pounds Amendments 81. Section one hundred and seventy-eight of the of s. 178. Principal Act is amended by— (a) In paragraph (5) repealing the words “ infectious disease ” and inserting, in lieu of those repealed words, the words “ communicable disease ” t and

1959. HealthActsAmendmentAct. (b) Repealing paragraph ( 6 ) and inserting, in lieu of that repealed paragraph, the following paragraph :— “ (6.) With respect to any license, certificate, authority or approval which the Director- General is authorised by any provision of this Act to grant, issue or give, a document signed by the Director-General and stating that at any specified time there was or was not in force any specified such license, certificate, authority or approval granted, issued or given to a specified person, or in respect of any specified apparatus, shall, upon its production in evidence be evidence of the matter or matters stated in such document and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters.” 329 /