Health (Amendment) Act 2001 (Vic)

Health (Amendment) Act 2001

Act No. 33/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	1
3.	Principal Act	2

PART 2—PEST CONTROL 3

4.	Amendment of Part heading	3
5.	Amendment of definition and Act reference	3
6.	Registration requirements for pest control operators repealed	3
7.	Licensing provisions	3
8.	Licences	4
9.	Duration of licences	6
10.	Repeal of section 108D	6
11.	Power to cancel or suspend licences	6

108F. Cancellation or suspension of licences 6

12.	Requirement for medical examinations repealed	7
13.	Amendment of the Agricultural and Veterinary Chemicals
(Control of Use) Act 1992	7
14.	Transitional provisions for registered pest control operators	7

30A.	Continuation of exemption for registered pest control
operators under Health Act 1958 7

PART 3—OTHER AMENDMENTS 9

15.	Appointment of environmental health officers	9
16.	Transitional provision	9

30B. Transitional provision—environmental health officers 9

17.	Redundant provisions relating to meat supervision repealed	9
18.	Redundant drugs provisions repealed	10
19.	Consequential amendment of Chinese Medicine Registration
Act 2000	10
20.	Statute law revision—Chinese Medicine Registration Act 2000 10
21.	Consequential amendment to the Drugs, Poisons and
Controlled Substances Act 1981	11
22.	Consequential amendment to the Pharmacists Act 1974	11

i

Section Page

23.	Statute law revision and updating Act references	12
24.	Updating references to Subordinate Legislation Act	12

═══════════════

ENDNOTES 14

ii

Victoria

No. 33 of 2001

Health (Amendment) Act 2001†

[Assented to 19 June 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)	to make various amendments to the Health Act 1958;
(b)	to repeal certain redundant provisions of that Act;

(c) to amend other Acts.

2. Commencement

Health (Amendment) Act 2001

Act No. 33/2001

(1) This Act, except for sections 7(2), 15 and 16,

comes into operation on the day after the day on

which it receives the Royal Assent.

(2) Section 7(2) comes into operation on 1 January

2002.

(3) Subject to sub-section (4), sections 15 and 16
come into operation on a day to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation on or before 1 July 2002,

it comes into operation on that day.

3. Principal Act

See:

In this Act, the Health Act 1958 is called the	Act No.
Principal Act.	6270. Reprint No. 9
as at 1 January
1999 and
amending
Act Nos
12/1999,
18/2000, 74/2000 and
85/2000. LawToday:
dpc.vic.
gov.au

_______________
Health (Amendment) Act 2001

s. 4 Act No. 33/2001

PART 2—PEST CONTROL

4. Amendment of Part heading

In the heading to Part V of the Principal Act, after
"SAFETY" insert "AND PEST CONTROL".

5. Amendment of definition and Act reference In section 108A of the Principal Act for paragraph (a) of the definition of "pesticide"

substitute—

"(a) any agricultural chemical product within the

meaning of the Agricultural and
Veterinary Chemicals (Control of Use)
Act 1992; and".

6.  Registration requirements for pest control operators repealed

Section 108B of the Principal Act is repealed.

7. Licensing provisions

(1) In section 108C of the Principal Act, for sub-

section (1) substitute—

"(1) A person must not use or permit any other

person to use any pesticide or class of
pesticides in the course of the business of a
pest control operator unless the user of the
pesticide holds a valid licence as an
authorized user of that pesticide or class of
pesticides and complies with the conditions
(if any) of that licence.

Penalty: 100 penalty units.".

(2) In section 108C of the Principal Act, after sub-

section (1), insert—

"(1A) Sub-section (1) does not apply if the use of the pesticide is for the purposes of—

Health (Amendment) Act 2001

Act No. 33/2001 s. 8

(a) horticulture; or (b) agriculture; or (c) water treatment; or

(d) weed control; or

(e) controlling a pest animal to protect an area or place which is not—

(i)  a building used for commercial purposes; or

(ii) domestic premises.".

8. Licences

(1) In section 108C(2) of the Principal Act—

(a) in paragraph (a)—

(i) after "he" insert "or she"; and

(ii) after "fee" insert "(if any)"; and

(b)	in paragraph (b), for "licence." substitute "licence; and"; and
(c)	after paragraph (b) insert— "(c) he or she is a natural person.".

(2) In section 108C of the Principal Act, after sub-

section (2) insert—

"(2A) Despite sub-section (2), if a natural person

satisfies a person nominated by the Secretary
that he or she is—

(a) competency specified in the National
Standard for Licensing Pest
Management Technicians published by

undergoing training in the units of Forum in 1999 as amended and in force from time to time; or

Health (Amendment) Act 2001

s. 8 Act No. 33/2001

(b) enrolled in a prescribed course of training—

the Secretary may grant a licence to that
person subject to the condition that the
licence holder may only use the pesticides or
classes of pesticides entered on the licence
under the supervision of a person who holds
a valid licence (other than a licence granted
under this sub-section) as an authorized user
of those pesticides or classes of pesticides.

(2B) The Secretary must not grant a licence under sub-section (2A) to a person more than three times.".

(3) In section 108C of the Principal Act, for sub-

section (3) substitute—

"(3) The Secretary shall cause to be entered on

every licence—

(a)	the names of or the classes of pesticides that the licence holder is authorized to use; and
(b)	in the case of a licence granted under sub-section (2A)—

(i)  a condition that the holder may only use pesticides or classes of pesticides entered on that licence

under the supervision of a person
who holds a valid licence (other
than a licence granted under sub-
section (2A)) as an authorized
user of those pesticides or classes
of pesticides; and

(ii)  any other conditions to which the licence is subject.".

Health (Amendment) Act 2001

Act No. 33/2001 s. 9

9. Duration of licences

In section 108C of the Principal Act, for sub-
section (4) substitute—

"(4) A licence under this section expires—

(a)	in the case of a licence granted under sub-section (2A), 12 months after the date on which it is granted; and
(b)	in any other case, 3 years after the date on which it is granted.

(5) Despite sub-section (4)(b), a current licence

in existence immediately before the
commencement of section 9 of the Health
(Amendment) Act 2001 continues to have
effect until its expiry on 31 December 2001
as if sub-section (4)(b) had not been
enacted.".

10. Repeal of section 108D

Section 108D of the Principal Act is repealed.

11. Power to cancel or suspend licences

For section 108F of the Principal Act substitute—

"108F. Cancellation or suspension of licences

(1) The Secretary may, if the Secretary thinks

fit, cancel or suspend for such period as the Secretary determines the licence of any user of pesticides if the licensed user of pesticides

is convicted of an offence against this purposes of this Division.

(2) If the Secretary is satisfied that a person who

is not licensed as required by this Division has breached any provision of this Division or any regulation made for the purposes of

Health (Amendment) Act 2001

s. 12 Act No. 33/2001

this Division, the Secretary may refuse to

grant a licence to that person.".

12. Requirement for medical examinations repealed

Section 108G of the Principal Act is repealed.

13. Amendment of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992

See:

Act No.	At the end of section 30 of the Agricultural and
46/1992.	Veterinary Chemicals (Control of Use) Act
Reprint No. 2
as at	1992, insert—
8 May 1997
and	"(2) Despite sub-section (1), a person who carries
amending	on a business or offers a service for fee or
Act Nos
58/1997,	reward which involves the use of a
46/1998 (as	prescribed chemical product or a chemical
amended by
No. 12/1999),	product of a class that is prescribed is not
52/1998 and	required to hold a commercial operator
33/2000.  LawToday:	licence if the person ensures that the
chemical product is used by a person
dpc.vic.
gov.au	authorized by a licence granted under Division 2A of Part V of the Health Act 1958 to use that chemical product.".

14.  Transitional provisions for registered pest control operators

After section 30 of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992, insert—

"30A. Continuation of exemption for registered

pest control operators under Health Act
1958

Despite the repeal of section 108B of the Health Act 1958 by the Health (Amendment) Act 2001, a pest control operator registered under that section immediately before its repeal continues, for the purposes of section 30 of this Act, to be

Health (Amendment) Act 2001

Act No. 33/2001 s. 14

exempt from the requirement to be licensed
under this Act until the expiry of that
operator's current registration on

31 December 2001.".

_______________
Health (Amendment) Act 2001

s. 15 Act No. 33/2001

PART 3—OTHER AMENDMENTS

15. Appointment of environmental health officers

In section 30A of the Principal Act, for sub-
section (2) substitute—

"(2) A council may only appoint as an

environmental health officer a person who environmental health officer.

has the qualifications that are declared by the

(3) The Secretary, by notice published in the

Government Gazette, may declare the
qualifications that are necessary for
appointment as an environmental health
officer.".

16. Transitional provision

After section 30A of the Principal Act insert—

"30B. Transitional provision—environmental

health officers

The appointment of a person as an environmental health officer under section 30A(2) as in force immediately before the commencement of section 15 of the Health (Amendment) Act 2001 continues for the duration of that appointment despite the amendment of section 30A(2) by that Act.".

17.  Redundant provisions relating to meat supervision repealed

In the Principal Act—

(a) sections 305 and 309 are repealed;
(b) in section 312, omit "309,".

Health (Amendment) Act 2001

Act No. 33/2001 s. 18

18. Redundant drugs provisions repealed

(1) In section 3(1) of the Principal Act—

(a) in the definition of "analysis" omit "drug or"; and

(b) the definition of "analyst" is repealed; and

(c) in the definition of "sell", omit "and in Part XIV refers only to sale for human consumption or use or for analysis;".

(2) Part XIV of the Principal Act is repealed.

(3) In section 390 of the Principal Act, sub-section

(2A) is repealed.

(4) In section 391(1)(c) of the Principal Act, omit

"analysts".

(5) In the Principal Act—

(a)	in sections 401, 405, 407 and 408 omit "drug or" (wherever occurring);
(b)	in section 406(1) omit "drug" (where twice occurring);

(c) in section 437(5) omit "drug".

19. Consequential amendment of Chinese Medicine Registration Act 2000

See:

In section 108 of the Chinese Medicine	Act No.
Registration Act 2000, sub-section (1) is	18/2000. LawToday:
repealed.	dpc.vic.
gov.au

20.  Statute law revision—Chinese Medicine Registration Act 2000

In clause 3 in the Schedule to the Chinese

Medicine Registration Act 2000—

(a) in item 3.1, for "After section 9" substitute "Before section 10";

Health (Amendment) Act 2001

s. 21 Act No. 33/2001

(b) in item 3.1, for "9A." substitute "9B.";

(c)	in item 3.2, in proposed paragraph (ba) for "9A" substitute "9B";
(d)	in item 3.3, in proposed paragraph (ab) for "9A" substitute "9B";
(e)	in item 3.4, in proposed paragraph (ba) for "9A" substitute "9B".

21. Consequential amendment to the Drugs, Poisons and Controlled Substances Act 1981

See:

Act No.	In section 120(6) of the Drugs, Poisons and
9719.	Controlled Substances Act 1981, in the
Reprint No. 5
as at	definition of "analyst" omit "or a person approved
31 December	for the time being as an analyst under the Health
1998
and	Act 1958 or any corresponding previous
amending	enactment for the analysis of food or drugs".
Act Nos 12/1999, 26/1999, 18/2000, 74/2000, 94/2000 and
SR Nos 107/1999 and 85/2000. LawToday: dpc.vic. gov.au

22. Consequential amendment to the Pharmacists Act 1974

See:

Act No. (1) In the Pharmacists Act 1974, section 31 is

8593.   repealed.

Reprint No. 5
as at	(2) In section 35(2) of the Pharmacists Act 1974
1 January

2000   omit "or a person approved as an analyst under

and	the Health Act 1958 or any corresponding
amending
Act No.	previous enactment".
18/2000. LawToday: dpc.vic. gov.au

Health (Amendment) Act 2001

Act No. 33/2001 s. 23

23. Statute law revision and updating Act references

In the Principal Act—

(a) in section 24A(2A), for "section 44A of the Audit Act 1958" substitute "section 12 of the Audit Act 1994";

(b) in section 228(1)—

(i)  for "(a) prescribing" substitute "(e) prescribing";

(ii)  for "(b) prescribing" substitute "(f) prescribing";

(iii)  for "(c) generally" substitute "(g) generally";

(c) in section 162H(4) for "section 44A of the Audit Act 1958" substitute "section 12 of the Audit Act 1994".

24. Updating references to Subordinate Legislation Act

(1) In section 47D of the Principal Act, for sub-

sections (2) and (3) substitute—

"(2) The Regulations are subject to disallowance

by a House of Parliament.".

(2) In section 146 of the Principal Act, for sub-

sections (3) and (4) substitute—

"(3) The Regulations are subject to disallowance

by a House of Parliament.".

(3) In section 213 of the Principal Act, for sub-

sections (2) and (3) substitute—

"(2) The Regulations are subject to disallowance

by a House of Parliament.".
Health (Amendment) Act 2001

s. 24 Act No. 33/2001

(4) In section 376 of the Principal Act, for sub-

sections (2) and (3) substitute—

"(2) The Regulations are subject to disallowance

by a House of Parliament.".

(5) In section 390 of the Principal Act, for sub-

sections (2D) and (2E) substitute—

"(2D) The Regulations made under sub-section

(2C) are subject to disallowance by a House

of Parliament.".

═══════════════
Health (Amendment) Act 2001

Act No. 33/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 3 May 2001

Legislative Council: 6 June 2001

The long title for the Bill for this Act was "to make various amendments
to the Health Act 1958, to repeal certain redundant provisions of that
Act, to amend other Acts and for other purposes."