Health Legislation Amendment Regulation (No. 5) 2006 (Qld)

Queensland Health Legislation Amendment Regulation (No. 5) 2006 Subordinate Legislation 2006 No. 148 made under the Health Services Act 1991 Radiation Safety Act 1999 Tobacco and Other Smoking Products Act 1998 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 8 9 Part 4 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of the Health Services Regulation 2002 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Replacement of s 35 (Prescribed agreements—Act, s 62N(1)(a)) 3 35 Prescribed agreements—Act, s 62N(1) . . . . . . . . . . . 3 Amendment of sch 2 (Agreements) . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of the Radiation Safety Regulation 1999 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 9 (Certain possession, use or transport licences—Act, s75(3) and (4)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 3A (Authorised persons) . . . . . . . . . . . . . . . . 5 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of the Tobacco and Other Smoking ProductsRegulation 1998 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 6 (Price ticket for other than a tobacco product vending machine—Act, s 26H) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 12 Amendment of s 7 (Price ticket for tobacco product vending machine—Act, s 26H) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Amendment of s 14 (Display of no smoking sign—Act, s 26S) . . 7

s1 3 s5 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 Part 1 Preliminary 1 Short title This regulation may be cited as the Health Legislation Amendment Regulation (No. 5) 2006 . 2 Commencement Parts 3 and 4 commence on 1 July 2006. Part 2 Amendment of the Health Services Regulation 2002 3 Regulation amended in pt 2 This part amends the Health Services Regulation 2002. 4 Replacement of s 35 (Prescribed agreements—Act, s 62N(1)(a)) Section 35— ‘35 Prescribed agreements—Act, s 62N(1) (1) Each agreement stated in schedule 2, part 1, is prescribed for section 62N(1)(a) of the Act. (2) Each agreement stated in schedule 2, part 2, is prescribed for section 62N(1)(b) of the Act.’. 5 Amendment of sch 2 (Agreements) (1) Schedule 2, before item 1— insert— ‘Part 1 Agreements with Commonwealth, State or entity’

s6 4 s7 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 (2) Schedule 2, after item 14— insert— ‘Part 2 Agreements with State entity 15 The agreement dated 3 April 2006 called, ‘Memorandum of Understanding between the State of Queensland through Queensland Health and the State of Queensland through the Queensland Police Service, Mental Health Collaboration 2005.’. Part 3 Amendment of the Radiation Safety Regulation 1999 6 Regulation amended in pt 3 This part amends the Radiation Safety Regulation 1999. 7 Amendment of s 9 (Certain possession, use or transport licences—Act, s75(3) and (4)) (1) Section 9(1)(a), footnote— omit. (2) Section 9(1)(b)— omit, insert — ‘(b) a possession licence to possess or a use licence to use an ionising radiation source for intra-oral dental diagnostic radiography, involving the irradiation of a person, is subject to the condition that the holder of the licence comply with the Code of Practice for Radiation Protection in Dentistry (2005) in the document entitled ‘Code of Practice and Safety Guide for Radiation Protection in Dentistry (Radiation Protection Series No. 10)’ prepared by ARPANSA; and’.

s8 5 s8 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 (3) Section 9(1)(d)— omit, insert — ‘(d) a possession licence to possess or a use licence to use a sealed source apparatus for density-gauging or moisture-gauging for geo-technical purposes is subject to the condition that the holder of the licence comply with the Code of Practice for Portable Density/Moisture Gauges Containing Radioactive Sources (2004) in the document entitled ‘Code of Practice and Safety Guide for Portable Density/Moisture Gauges Containing Radioactive Sources (Radiation Protection Series No. 5)’prepared by ARPANSA; and’. (4) Section 9(1), at the end— insert— ‘ Editor’s note — Copies of the documents referred to in paragraph (a) are available on the internet at < and copies of the documents referred to in paragraph (b) to (e) are available on the internet at < Copies of the documents referred to in paragraphs (b) to (e) may also be purchased from ARPANSA, 619 Lower Plenty Road, Yallambie, Victoria 3085.’. 8 Amendment of sch 3A (Authorised persons) (1) Schedule 3A, item 3—

s9 6 s9 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 omit, insert — ‘3 Plain film diagnostic A person who is— radiography (a) a medical practitioner; or (b) a registered nurse under the NursingAct 1992 and is authorised to practise as a nurse practitioner by the Queensland Nursing Council, if the person requests the plain film diagnostic radiography under the diagnostic radiography protocol; or (c) a registered nurse under the NursingAct 1992 , if the person— (i) has successfully completed a training course approved by the chief executive; and (ii) has successfully passed an assessment of practical competence approved by the chief executive; and (iii) requests the plain film diagnostic radiography under the diagnostic radiography protocol.’. (2) Schedule 3A, item 6— omit. 9 Amendment of sch 6 (Dictionary) Schedule 6— insert— ‘ diagnostic radiography protocol means a document certified by the chief executive and published by the department stating the circumstances in which, and the conditions under which, a person who may act under the protocol may request plain film diagnostic radiography.’.

s 10 7 s 13 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 Part 4 Amendment of the Tobacco and Other Smoking Products Regulation 1998 10 Regulation amended in pt 4 This part amends the TobaccoandOtherSmokingProductsRegulation 1998. 11 Amendment of s 6 (Price ticket for other than a tobacco product vending machine—Act, s 26H) (1) Section 6(1), after paragraph (a)— insert— ‘(aa) must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and’. (2) Section 6(1)(a) to (c)— renumber as section 6(1)(a) to (d). 12 Amendment of s 7 (Price ticket for tobacco product vending machine—Act, s 26H) (1) Section 7(1), after paragraph (a)— insert— ‘(aa) must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and’. (2) Section 7(1)(a) to (b)— renumber as section 7(1)(a) to (c). 13 Amendment of s 14 (Display of no smoking sign—Act, s 26S) (1) Section 14(1)— omit, insert—

s 13 8 s 13 Health Legislation Amendment Regulation (No. 5) No. 148, 2006 2006 ‘(1) For section 26S of the Act, a licensee of licensed premises must display a prominent no smoking sign at the entrance to the premises.’. (2) Section 14(2), definition prominent— omit, insert— ‘ prominent , for a no smoking sign, means easily visible to a person who is about to enter the premises.’. ENDNOTES 1 Made by the Governor in Council on 22 June 2006. 2 Notified in the gazette on 23 June 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Health. © State of Queensland 2006