Public Health Act 1902 (NSW)

Act No. 30, 1902.

TrBLic	H kai.t i i *	An Act to consolidate the Acts relating to Public Health and the prevention of the spread of disease. [IQth August, 1902.]
~ D E it enacted by the King’s Most Excellent Majesty, by and with _r3 the advice and consent of the Legislative Council and Legislative Assembly of New South 'Wales in Parliament assembled, and by the authoi’ity of the same, as follows

PART I.

P r e l i m i n a r y .

Sliort title and 1. This Act may be cited as the “ Public Health Act, 1902,”

division. and is divided into Parts and Divisions, as follows :—

PART	I.—P r e l i m i n a r y —ss. 1-5.
PART	II .—T h e B o a r d o f H e a l t h a n d l o c a l a i i t h o r i t i e s —

D i v i s i o n 1.—The Board o f Health—ss. 6-lG.

D i v i s i o n 2.—Local authorities—ss. 17-27.

PART I I I .—I n f e c t i o u s d i s e a s e s —

D i v i s i o n 1.—Broclamation and notificatio7i o f infections

diseases—ss. 28-30.

D i v i s i o n 2.— Notification o f small-pox and leprosy—ss. 31,32.

D i v i s i o n 3.—Prevention o f the spread o f infectious diseases

— ss. 33-40. '

D i v i s i o n 4.— Custody and treatment o f lepers—ss, 47-50.

PART

Act No. 30, 1902. 135

Fuhlio Health.

PAE.T	IV.—C r e m a t o r i e s — s. 51.
PART	V.— C o m m o n l o d g i n g - h o u s e s — s. 52.
PART	VI.—B u i l d i n g a r e a s a n d b u i l d i n g s — ss. 53-63.
PART	V II.— N u i s a n c e s — ss. 64-71.
PART	V III.—P o l l u t e d w a t e r s u p p l y — ss. 72-75.
PART	IX.'—U n a u i i o l e s o m e o r a d u l t e r a t e d p o o d a n d d r u g s —
A'S. 76-93.
PART	X.— M i s c e l l a n e o u s P r o v i s i o n s — ^

D i v i s i o n 1.— E.vpcnditure—s. 94.

D i v i s i o n	2.— Eoieers o f entry, and obstruction— ss. 95-98.
D i v i s i o n	3.—Notices—ss. 99-101.
D i v i s i o n	4.— Itegulations— ss. 102-105.
D i v i s i o n	5.— General penalty arid procedure—ss. 106-108.
D i v i s i o n	6.— Saving clauses—ss. 109,110.

2. (1) The Acts mentioned in the Schedule to this Act arc, to Repeal,

the extent therein expressed, hereby repealed. soieduie.

(2) All persons appointed under the Acts hereby repealed Officers under Acts

and holding office at the time of the passing of this Act shall be	repealed,
deemed to have been appointed hereunder.

(3) All proclamations, orders, rules, regulations, or by-laws Pr.wiamations, Ac.,

made, or notices or notifications given or published under the authority of any Act hereby repealed and being in force at the time of the passing of this Act shall be deemed to have been made, given, or published under the authority of this Act.

3. In this Act, and in any regulations and by-laws made there- interpreiation.

under, unless the context or subject-matter otherwise indicates or	vie. No. 38, ss.
requires,—

“ Board ” means the Board of Health ;

“ court ” in enactments relating to penalties moans the magistrate

or justices by Avhom the penalty may be imposed ;

“ food” includes every article other than drugs or water used for food or drink by man, and every article intended to enter into or be used in the preparation of human food, and all flavouring matters, condiments, and confectioneiy ;

“ house” includes a school, also a factory, and any other building in wdiich persons are employed ;

“ house,” “ dAVclling-house,” or “ building,” respectively include the curtilage of a house, dwelling-house, or building ;

“ justice ” means justice of the peace ;

“ municipality ” nu'ans a borough or municipal district, and

includes the city of Sydney;

, “ occupier ”

136   Act No. 30, 1902.

J?uhlic Health.

“ occupier ” includes a person having the charge, management, or control of a building or of the part of the building in which the patient is, or to which the enactment relates, and, in the case of a house, the whole of which is let out in separate tenements, or in the case of a lodging-house, the whole of which is let out to lodgers, the person receiving the rent

, payable by the tenants or lodgers, either on his own account or as the agent of another person, and in the case of a vessel means the master or other person in charge thereof ;

“ owner ” means the person for the time being receiving the rent of the premises in connection ivith which tlie word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such premises were let at a ren t;

“ premises ’ ’ includes messuages, buildin gs, lands, and hereditaments; “ prescribed ” means prescribed by this Act or by regulations or

by-laws made under the authority of this A ct;

“ President ” means President of the Board of Health, and during the absence of the President includes any member appointed by the hoard to act as President during such absence.

Application of Act. 4. (1) Exccpt as hereinafter pi’ovidcd this Act shall apply to

60 Vic. No.38,88.1,2. every place in New South Wales.

54 Vie. No.-0,8.-. shall apply to every ship, vessel, boat, tent, van, shed, or other structure which is, has been, or may he occupied by man, in like manner as nearly as may he as if it were a house, hut shall not apply to any ship, vessel, or boat belonging to His Majesty the King or to any foreign Government.

District may include	5.	Any river, harbour, or other water shall be deemed for the
water.

purposes of this Act to he within such district as may he fixed by the

60 Yic. 38, s. 2.

Governor by proclamation in the Gazette :

Provided that the Governor may in the manner aforesaid revoke or vary any proclamation made under this section.

PART II.

T h e B o a r d o f H e a l t h a n d l o c a l a u t h o r i t i e s .

D i v i s i o n 1 .— The Hoard o f Health.

Incorporation of	6.	The Board of Health sliall continue and be a body corporate
Board.

57 Vic N 21 8 wilder that name, and shall have perpetual succession and a common

5 1C. O. 2 , 8. 20. y

Act No. 30, 1902. 137

JPuhlic Ilcalth.

7. (1) The Board shall consist of not less than seven nor more Constitution of

than ten members, inclusive of the President, four of whom at least ,

i - i i - i 1 i i i ' / » i 1 " 1 1 ' * G O \ i c . P ^ o . 3 o s . 3 .

slmll be legally quaiihed medical practitioners.

(2) The Governor may appoint such memhers and may-\pr<''>’tmcr.t of

remove any mcmher and appoint any otlicr member in plaee of a member so removed, or in place of any member dying or resigning or becoming incapable to ;ict.

8. Four members of the Board shall constitute a qtioriim. //"y

9. All Courts, -ludges, justices, and persons acting judicially SoU of Board,

shall take judicial notice of the common seal of the Board when atfixcd o7 vic. No. 21, s. 20.

to any document, and shall })resume that it was duly affixed.

10. The Board may exercise any right of entry conferred on a I’owors of Board,

local authority by this Act or by the Dairies Supervision Act, 1 S 3 0 1 , -is, s. 4.

and may also exercise any of the powers and perform any of the duties

u liich a local authority may exercise or perform under this Act.

11. The Board shall at all times have access to all reports, books, Bowers of Board.

])la]is, accounts, maps, documents, machinery, materials, and all other things whatsoever belonging to or in the custody of any local authority, or of any contractor with a local authority, and used in the execution of the provisions of this Act, or in any way in relation thereto.

12. The Board may make regulations as to its own procec'dings Be<;uiations. .

under this Act, and regulating the ])crformance by its officers of their

.s. n.

duties and the carrying out of the powers vested in the Board by this

Act, or by any regulations made by the Governor under tins Act.

13. The Board may cause to be made such inquiries as it thinks inquirioa. lit in relation to any matters concerning the public health, or in 7/w/. 9. 7. relation to any matters with respect to which its sanction, approval, or

consent is i-equired by this Act, and for that purpose any person authorised in writing by the President or by the Board may at any rixasonable time enter any premises.

14. (1) The Board, whenever it deems it necessary in the Bower to inspect,

interest of the public Inadth or the health of any persons, and on giving whom notice has been given as aforesaid, or connected therewith and constructed or used for the said jiui’poses.

the notice prescribed, may enter by its members, officers, or servants ni,i. s. s.

any pi’cmises vested in or under the control of the Metropolitan Board

of Water Supply and Sewerage, or the Hunter District Water Sujiply

and Sewerage Board, or the council of any municipality, or any other

ptu’son or corporation, for the purposes of water supply or sewerage,

and inspect the same and any works thereon or therein constructed

or used for the said purposes, and any other works belonging to the

(2) Any AVater Supply and Sewerage Board, council, omcers and seryanis

person, or corporation as aforesaid, on receiving notice as aforesaid,

shall

138   Act No. 30, 1902.

’Public Sealth.

shall instruct their officers and servants to aid and assist the Board in making and causing to be made the said inspection, and shall permit the members of the Board, or its officers or servants, to inspect any apparatus and things used in connection with any works of water supply or sewerage of the said Water Supply and Sewerage Board, council, person, or corporation, and any records, hooks, or plans relating to the said works, or to any works connected therewith.

Board may report on (3) The Board luay at any time make a report to the

nuter and Bcwerage. Secretary for Public Works whenever, in its opinion, any danger to , public health, or to the health of any persons, could he removed or

• diminished by the exercise by any Water Supply and Sewerage Board, or by the council of any municipality, or by any other person or corporation, of their powers under any Act dealing with water supply and sewerage, recommending what steps should be taken by the Water Supply and Sewerage Board, or by the council, person, or corporation for that purpose. And the Secretary for Public Works shall thereupon proceed as he may think fit.

Board to carry out ig. The Board shall be the authority to carry out, subiect

powers of section 33 . i i t i i • j. j.

of Quarantine Act to any ordcrs and directions ot the (jovernor, and subject to any

1897  general regulation which may he made by the Governor, the powers

45 Vic. No. 25, s. 4.

of isolation and all other powers conferred by the thirty-third section

of the Quarantine Act, 1897.

Board may define

medical districts.

16. Subject to the approval of the Governor, the Board may define by notification in the Gazette any district in Neiv South Wales now or hereafter to be placed under the charge of a Government medical officer, and may in like manner amend, alter, or extend the boundaries of such district.

Ibid.

D i v i s i o n 2 .— Local authorities.

Local authorities. 17. (1) Subject to tlic provisions herein contained, this Act

60 Vic, No. 38, s. 9. sliall bc administered by the following local authorities—

.	,	(a)	within the boundaries of any municipality now or hereafter to be constituted, the council of that municipality;
(b)	within a police district (exclusive of land within the city of Sydney or any municipality as aforesaid) such member of the police force as may be appointed by the Board by notifi­ cation in the Gazette.

Districts.

(2) The area within which a municipal council or member of the police force has authority as aforesaid constitutes a district for the purposes and within the meaning of this Act.

Powers of local

authorities.

(3) The local authorities are hereby authorised and directed

to carry out the provisions of this Act within the respective districts

aforesaid. 18.

Act No. 30, 1902. 139

Public Health.

18. (1) The Governoi’ may appoint a legally qualified medical

practitionei-to be medical officer of health for a district or group o f‘O Vie. No. 3h,s. lo.

districts, at sucli salary as may he determined by the Governor and

provided for out of funds voted by Parliament for the purpose.

onicers.

(2) The President shall have all the powers of a medical rreskient, to imvo

p iJ i T • XI il • 1 • • • ifowers of a medi(ul

oilicer oi health, and may exercise the same when, in his opinion, itnccr.

necessary in any such municipality or police district, or in any sanitary	-
area under section seventy-one.

19. A medical officer of health shall in addition to the powers Penvors of mcaii ni

conferred on him by or under this Act have all the powers conferred

by tills Act or by any regulations thereunder on a sanitary inspector	'
appointed by the local authority.

20. (1) Every medical officer of health shall, Avhen required by Riyortsby mcdiciii

his local authority, and may at such other times as he thinks proper,	,2
report to the said authority on the sanitary condition of their district, with special reference to the provisions of and regulations made under this Act, and any by-laws or regulations of the said authority relating to the public health.

(2) The local authority shall, at such times as may be Copies of reiiorts.

prescribed, forward to the Board copies of all such reports.

21. (1) A medical officer of health may at any reasonable times Power to inspect

inspect the register books of deaths within his district. S l f

(2) The Eegistrar-General and every district registrar and nmi to have extracts

assistant district registrar under any Act regulating the registration

of deaths shall make or cause to be made at the request of the medical

'

officer of health of the district such extracts from or copies of the

said register books as such officer may require.

(3) Every such registrar shall, upon registering any death. Duties of registrars,

enter in his register book jtarticulars of the cause of death and the name of the person certifying to such cause, and whether such person is a legally qualified medical practitioner or not.

22. Eor the purpose of carrying into effect the provisions of Power to enter

this Act, a local authority or a medical officer of health of the loeal

authority, may enter and examine any premises situate within the	'
district administered by the said autliority between the hours of eight o’clock of the forenoon and eight o’clock of the afternoon, or at all hours during which business is in progress, or is usually carried on in the premises.

23. Every local authority shall quarterly, or at any time, at the Reports by local

request of the 13oard, report in writing to the Board as to matters '̂5 '

relating to the public healtli and the administration of this Act within	••	•
their district.

140   Act No. 30, 1902.

Tuhlic Health.

Failure of local

authority to eierciee

24. (1) "Where any power, except a power to mahe regulations authority for the preservation of the public health has in the opinion of the Board not been duly exercised by the local authority, and the failure to exercise the power is in the opinion of the Board likely to endanger the public health, the Board may, by notice in writing, signed by its President or secretary, require the local authority to exercise the power within the time mentioned in the notice.

powers.

or by-laws, conferred by any statute, regulation or by-law, on any local

60 Vic. No. 38, s, 16.

Powcis of Board.

(2) If the said requirement is disobeyed or is not complied

with, the Board may exercise the power, and, where the local authority is

a municipal council, may recover from it the expenses thereby incurred.

authority to make

Neglect by local

25. If any local authority having the power conferred on it by the public health neglects, for three months after notice from the Board signed by the President or secretary has been given to the local authority, to make such regulations or by-laws as aforesaid, the Governor, on the recommendation of the Board, may exercise such power.

regulations.

any statute of making regulations or by-laws for the preservation of

Hid. s. 17.

Unsuitable regula­

tions or by-laws.

26. If any local authority has made regulations or by-laws for the preservation of the public health, and in the opinion of the Board such regulations or by-laws are unsuitable or improper for the purpose aforesaid, the Governor, on the recommendation of the Board, may exercise any power conferred on the local authority of amending, altering, or repealing the said regulations or by-laws.

H id. s. 18.

Appeals from orders

and decisions of local

27. (1) "When any person deems himself aggrieved by any order in which the authority is empowered to recover in a summary manner any expenses incurred, arul in which a mode of appeal is not expressly provided by this Act, he may appeal against any such order or decision to a police or stipendiary^nagistrate or any two justices sitting as a court of petty sessions within the district administered by the local authority.

authorities.

of a local authority, or by any decision of a local authority in any case

Ihid. 8, 19.

Statement to bo

delivered.

(2) Every such appellant shall state in writing to such Court the grounds of his complaint, and shall deliver a copy thereof to the local authority within the time prescribed, and upon such delivery any proceedings commenced for the recovery of such expenses by the local authority shall he stayed.

Powers of ( 'ourt.

(3) The said Court may make such order in the matter as it may deem equitable, and the order so made shall he binding and conclusive on ail parties ; and the Court may by its order direct tlie local authority to pay to the person so proceeded against such sum a.s it may consider a just compensation for the loss, damage, or grievance sustained by him.

PART

Act No. 30, 1902.

Vuhlic Health.

PAilT III. .

I nff.ctious d isea ses .

D ivision 1 .— Vroclamaiion and nolification o f hifec/iotis diseases.

28. Tlio Governor may by proclamation in the Gazette declare rowcr.soniovonior.

that any disease therein named is an infectious disease ; and lie may	-
in like manner revoke or vary any such declaration.

29. (1) AVliere an inmate of any house is sufferin'^ from an NotiiUaiiun of

infectious disease the folloiving- provisions shall have effect, that is to

say :— - ; . . .

{a) Tlie head of the family to 11111011 such inmate (in this Act referred to as the patient) belongs, and in his default the nearest relative of the patient present in the house or being in attendance on the patient, and in default of such relative every person in charge of or in attendance on the patient, and in default of any such person the occupier of the house shall, as soon as he becomes aware that the patient is suffering from an infectious disease, give notice in writing thereof to the loeal authority of the district.

{!>) Every medical practitioner attending on or called in to visit the patient shall forthwith,on becoming aware that the patient is suffering from an infectious disease, send to the loeal authority of the district a certificate stating the name of the patient, the situation of the house, and infectious disease from which, in the opinion of such medical practitioner, the patient is suffering, and such other jiarticulars as may be prescribed.

(2) Any person required by this section to give a notice or Penalty on failure to

certificate who fails to give the same, shall lie liable to a penalty not

exceeding five pounds :

Provided that if a jierson is not required to give notice in Proviso,

tlie first instance, but only in default of some other person, he shall not be liable to any penalty if he satisfies tlie court that he had reasonable cause to suppose that the notice had been duly given.

(3) The Board shall gratuitously supply forms of certillcate iioani to sup|)iy

to any local authority applying for the same for distribution among it”*"* “f

legally qualified medical practitioners, and shall pay to every legally

([ualifii'd medical practitioner for each cei’tificate duly sent by him in

accordance with this Act a fee of three shillings and sixpence.

30. The Registrar-General and every district registrar and Kegisiiui> lo notify

assistant district registrar under any Act regulating the registration of il̂ ectiousdisoascs

deaths, shall immediately after registt'ring any death apparently caused	5. 92.
by an infectious disease forward a notilication of such death to the secretary to the Board, giving the name and residence of the deceased, age, cause of death, and the namt! of the ])crson certifying to the caus(̂ of death, and such other particulars as may bc prescribed.

D i v i s i o n

142   Act No. 30, 1902.

Public Health.

D i v i s i o n 2 .— NoVJicaiion o f small-pox and leprosy.

NotiBcation of	31. (1) On the appearance of any case of small-pox, or eruptive or premises, the householder or occupier of such house or premises, and also the medical practitioner attending the case, shall immediately report in writing such case—
small-pox.	fever which may reasonably he supposed to he small-pox, in any house
45 Vic. No. 25, s. 2.

(a) if the case occur wdthin the City of Sydney, to the officer in charge of the nearest police station or lock-up, or to the officer in charge of the Central Police Station, or to the Health Officer of the port of Sydney, or to any member of the Government Medical Staff, or to the secretary of the Board;

{h) if the case occur beyond the City of Sydney, to the nearest magistrate, officer of police, clerk of petty sessions, or to the Government medical officer of the district within which the case has occurred.

Penalty. (2) Any person who fails to make any such immediate report

as he is required to make by this section, shall be liable to a penalty of not less than ten pounds or more than fifty pounds, recoverable in a summary way before a police or stipendiary magistrate, upon informa­ tion laid by the Board, or by any officer appointed by the Board for that purpose.

Notification of 32. (1) On the appearance of any case of leprosy in any house

leprosy.

or premises the householder or occupier of such house or premises, and

51 Vic. No. 20,

3, 7.

also the medical practitioner attending the case, shall immediately

report in writing such case—

(a)	if the case occur within the Metropolitan Police District, to the secretary of the Board ;
(b)	if the case occur beyond the Metropolitan Police District, to the officer in charge of the police station nearest to such house or premises.

Penalty. (2) Any person who fails to make any such immediate report as he is required to make by this section, sliall be liable to a penalty of not less than ten pounds or more than fifty pounds, recoverable in a summary way before a police or stipendiary magistrate or any two justices.

D i v i s i o n 3 .— Prevention o f the spread o f infectious diseases.

Application of next 33. The four next following sections shall apply only to munici­

four sections.	palities and to sanitary areas proclaimed under subsection (2) of
Ihid. 8. 23.	section seventy-one.
owner of property notjeo

Local authority may ffive 34. (1) Where a legally qualified medical practitioner reports to

o disinfect eame, the local authority, or the said authority is ofopinion that the cleansing

Ihid. 8. 24. and

Act No. 30, 1902. 143

Fublio Health.

and disinfecting of any drains or of any liouse or part thereof, and of any articles therein likely to retain infection, or the destruction of such articles would tend to prevent or check the spread of any infectious disease, the local authority, or, where the said authority is a municipal council, the mayor, may serve a notice on the occupier, or where the land, house, or part thereof is unoccupied, on the owner of such land, house, or part thereof, that the drains, or the house, or part thereof, and any such articles therein ivill he cleansed and disinfected or (as regards the articles) destroyed by the local autliority, unless he informs tlie local authority Avithin twenty-four hours from the receipt of the notice that he will cleanse and disinfect the drains or the hou.so or part thereof, and any such articles, or destroy such articles to the satisfaction of a legally qualified medical practitioner as certified hy him in writing to the local authority, Avithin a time fixed in the notice.

( 2 ) If ---- Powers of lociil

(«) within twenty-four hours from the receipt of the notice, the person on Avhom the notice is served does not inform the ^

'

local authority as aforesaid; or

{ h ) having so informed the local authority, he fails to have the

drains, house, or part thereof, and any such articles dis­ infected or such articles destroyed as aforesaid within the time fixed in the notice; or

(c) the occupier or OAvner Avithout such notice gh^es his consent;

the drains or the house or part thereof and articles shall he cleansed and disinfected, or such articles destroyed hy the officers of the local authority, under the superintendence of a legally qualified medical practitioner, and the local authority may recover from the OAvner or occupier of the house or part thereof the cost of the cleansing and disinfecting aforesaid. And failure to do tlie things specified in subdivision (b) Avithin the time mentioned shall be deemed to bc a breach of the provisions of this Act. If from poA'crty or other reason the person responsible is unable to carry out the requirements of the local authority, the latter may, with his consent, carry out the necessary Avork at their own expense.

36. The local authority shall provide, free of charge, temporary loc.i1 autliority to

shelter or house accommodation with anv necessarv attendants for the temporary

, rt r. . 1 * 1 • j • 1 1 accommodation.

members oi any lamily in Avhicii any iniectious disease lias appeared gg

Avho liaA'c been compelled to leave their dwellings, for the purpose of 3	. 2 4 (m).	’
enabling such dAvellings to be disinfected by the local authority.

36. When the local authority has disinfected any drains, house. Compensation,

part of a house, or article under the proAusions of section thirty-four, it	24 (iv).
shall compensate the OAvner of such drains, or the occupier or owner of such house, or part of a house, or the OAvner of such article, for any damage thereby caused to such drains, house, part of a house, or article, and Avhen the authority destroys any article under the said

section it shall compensate the owner thereof. 37.

144   Act No. 30, 1902.

Public Sealth.

Disinfection or

destruction of bed­	37. (1) The local authority or the medical officer of health of writing, require the owner of any bedding, clothing, or other articles which have been exposed to the infection of any infectious disease, to cause the same to be forthwith delivered over to any person named in the notice for removal for the purpose of destruction or disinfection; and any person ivho fails to comply with such a requirement shall he liable to a penalty not exceeding ten pounds.
ding.	the local authority, or a Government medical officer, may, by notice in
60 Vic. No. 38, s. 25.
The bedding, clothing, and articles, if so disinfected hy, or hy direction of, the local authority, shall he hrouglit back and delivered to the owner free of charge, and if any of them suffer any damage, the local authority shall compensate the owner for tlie same; and the said authority shall also compensate the owner for any articles destroyed.
Places and apparatus
to be provided.	(2) Tor the purpose of carrying out the provisions of this section, a local authority or any local authorities by agreement among themselves shall provide a proper place (Avhether within any of the districts administered hy the local authorities, or outside those districts), with all necessary apparatus and attendance, for the disinfection or destruction of bedding, clothing, and other articles ; hut shall before expending any money for the purposes aforesaid obtain the approval in writing of the Board as to the suitability of the said apparatus, and of the site of the place proposed to he provided as aforesaid.
Provision as to
typhoid fever.	(3) Whenever typhoid fever exists, the local authority may, and when required by order of the Board shall, provide a separate service for the removal and destruction hy fire of the excreta of persons suffering from such fever.
Duties of person

ceasing to occupy 38. (1) Where a person ceases to occupy any house or part («) fails to have such house or part of a house and all articles therein liable to retain infection disinfected to the satisfaction of a legally qualified medical practitioner, as testified by a certificate signed hy him, or such articles destroyed; or

infected house.

of a house in whicli any person has, within six weeks previously,

Ihid. s. 2C.

during his occupancy, been suffering from any infectious disease, and

either—

(Z») fails to give to the owner or occupier of such liouse or part of a house notice of the previous existence of such disease,

he shall be liable to a penalty not exceeding five pounds.

Penally for making

false answer as to (2) And if, on being questioned by the owner or occupier

infection of hoû ro. or by any person negotiating for the hire of such house or part of a house, as to the fact of there having within six weeks previously during his occupancy been therein any person suffering from any infectious disease, he knowingly makes a false answer to such question, he shall be liable to a penalty npt exceeding ten pounds.

(3)

L

Act No. 30. 1902. 145

Public Health.

(3) Tlie local authority sliall cause their officers to serve Local anthority to

notice of the provisions of this section on the occupier of any house or part of a house in ivliich tliey are aware that there is a person suffering from an infectious disease.

39. Any person letting for hire, or showing for tlie purpose of Penalty tor faiiinn;

letting for hire, any house or part of a house in which or in part of of flouse.'’'

which within his knowledge there has been within the previous six eo vie. No. ss, s, 27.

weeks a person suffering from an infectious disease (whether the said

house or part of a house has or has not been disinfected) who fails to

state that fact to the person negotiating for the hire of the house or

part of a house, or being shown over the house or part of a house for

the above purpose, shall ho liable to a penalty not exceeding twenty

pounds.

40. Any person who knowingly or negligently sends to school a Penalty im-scmiing

child, who within the previous two months has been suffering from an

infectious disease, or who has been resident in any house in which such lu d . s. 28.

disease has existed within the space of six weeks, Avithoiit furnishing the head teacher of the school with a certiffcatc from a legally qualitied medical practitioner that such diild is free from disease and infection, and causing the clothes of such child to be disinfected to the satisfaction of a legally qualified medical jiraetitiouer, shall he liable to a penalty not exceeding ten pounds.

41. I f in the opinion of the Board it is desirable for the purpose Board may close

of preserving the nuhlic health that any school or collct?e should he

closed, it shall he lawful for the Board so to notify in the Gazette,	' • ■	• ■
and hy notice served on Ihe proprietor or trustees of the school or college.

On the publication of the notice in the Gazette, the Minister of the Crown having control of any public school or college therein mentioned, and the ju'oprietor or trustees of any other school or college mentioned as aforesaid, shall cause the said school or college to he closed and to he kept closed until the Board notifies in the Gazette that the school or college' may he opened without prejudice to the public health. Pcmillyon oiposuro

42. Any person w h o - _ _

(e)

whih? suffering from any infectious disease exposes himself md. s. 30. in any street or public place, shop, inn, theatre, church, chapel, or place of public resort, or any public conveyance, or any vehicle, or vessel hired or plying for hire, or enters any public conveyance, vehicle, or vessel aforesaid, AAutliout previously notifying to the owner, conductor, driver, or master, or, in the case of conveyance hy railway, the station-master, that he is so suffering, and obtaining his consent to ride or he carried in the said conveyance, vehicle, or vessel; or

K “ ̂ {b)

146   Act No. 30, 1902.

Fublic Health.

{b) being in charge of any person so suffering so exposes such

sufferer; or

(<?) gives, lends, sells, transmits, removes, or exposes without previous disinfection any bedding, clothing, rags, or other things which have been exposed to infection from any such disease,

shall be liable to a penalty not exceeding five pounds, unless such person satisfies the Court that he was ignorant of the existence of such disease :

Provided that no proceedings under this section shall be taken against persons transmitting or removing with proper precautions any bedding, clothing, rags, or other things for the purpose of having the same disinfected or destroyed.

Disinfection of

public conveyances.	43. (1) Every owner, driver, or master of a public conveyance, vehicle, or vessel, or in the case of conveyance hy railway, the station- master, shall immediately cause such conveyance, vehicle, or vessel, after it has to his knowledge conveyed any person sulfering from an infectious disease, to be disinfected to the satisfaction of the local authority; and if he fails to do so he shall be liable to a penalty not exceeding five pounds.
60 Vic. No. 38, s. 31.
Compensation.	(2) Every such owner, driver, master, or station-master conveying, or allowing to be conveyed, any person so suffering shall he entitled to be paid by the said person a sum sufficient to cover any loss or expense which may he incurred or paid in carrying into effect the provisions of this section.
Penalty for usinp

public conveyance to 44. (1) Any person Avho hires or uses a public conveyance,

convey infected body.	other than a hearse, for conveying the body of a person Avho has died
Ihid.	from any infectious disease without previously notifying to the owner or driver of the conveyance that such person died from infectious disease, shall he liable to a fine not exceeding five pounds, and if tlie ofi'ence continues to a further fine not exceeding forty sliillings for every day during Avhich the offence continues.
Penalty on owner or
driver.	(2) Any owner or driver of any such conveyance avIio does not, immediately after the conveyance has to his knowledge been used for conveying such body, provide for the disinfection of such convey­ ance shall be liable to the like penalties as in the preceding subscetioii.

Burial of infected	46.	(1) Ko person shall, without the sanction in Avriting of the
dead bodies.

Ihid, 8. Z'Z. local authority, retain unhuried elscAvliere than in a public mortuary, for more than thirty-six hours, the body of any person Avho has died of any infectious disease Avithin a district administered hy a municipal council, or for more than forty-eight hours the body of any person who has died of any infectious disease Avithin any other district.

Duties of occupier or (2) I t shall he the duty of the occupier of the building or

owner of house.	place Avliere the body is, and if there he no occupier it shall he the duty of the owner, to carry out the provisions of this section, and on failure to do so such occupier or owner shall he liable to a penalty not
exceeding fifty pounds. 46.

Act No. 30, 1002. 147

Vublic Sealth.

46.   If any person dies from any infectious disease in any liospital Bodio.̂ of per

or place of temnorarv accommodation for the sick, and anv leii'ally‘’- ‘"s?‘"’'“"P'tais- t - e 1 T t , . n ii i • 1 • • • -J. • 1 ■ 1 1 00 Vic. No. 38, s. 33.

qualined medical practitioner certines that in Ins opinion it is desiralile, in order to prevent tlie risk of communicating any infections disease, or of spreading infection, that the body sliould not be removed from such hospital or place, except for the purpose of being forthwitli buried or cremated, no person shall remove such body from siicli hospital or place except for one of the last-mentioned jiurposcs; and ivhen tlie body is taken out of such hospital for that purpose it shall forthwith be carried or taken direct to some cemetery or place of burial or crematory, and shall he fortliwith there buried or cremated ; and any person wilfully offending against this section shall be liable to a penalty not exceeding ten pounds :

Provided that nothing in this section shall prevent the removal Proviso,

of any dead body from any hospital or temporary placi' of accom­ modation for the sick to any mortuary, and such mortuary shall, for the purposes of this section, he deemed part of such hospital or place as aforesaid.

D i v i s i o n 4 .— Custochj and treatmen t o f lepers.

47. The Governor may, hy proclamation published in the mzards.

Gazette;, direct that any suitable place be set apart as a lazaret for the 54 Vic. Xo. 20,

reception and medical treatment of lepers, and may make regulations

for the safe custody of lepers therein.

48. (1) The Board shall, upon report being made under section Ponvrs of Boma in

thirtv-two, or hy anv legallv qualified medical practitioner, that any	'
person is suffering from leprosy, cause investigation to he made by two (iv),’(v). ̂	̂ ’
or more legally qualified medical practitioners, and, upon being satisfied tliat such person is sutfering from that disease, may order that such person bc removed to and detained in such lazaret until released by order of the Board, or he isolated in smdi place and in siudi manner as the Board directs; and any person so ordered who ivilfully refuses or neglects forthwitli to obey any such order or any directions given by the Board, or escapes or attempts to escape from such lazaret or place of isolation, may, ivith such necessary force as the case may requiri', he removed or brought to any lazaret or other suitable place.

(2) Every such order shall be in writing, signed by the Furm uf mvier.

President or secretary, or any two members of the Board, and may bo addressed to a member of the police force or other person as the Board may consider expedient; and any order so signed shall be a sufficient warrant to any member of the police force or other such ])erson for arresting the person named or described therein, and for removing him or bringing him to any lazaret or other place, and for taking all such steps and doing all such things as may he requisite to ('uforci' the said

order. (8)

148  Act No. 30, 1002.

Fublic Health.

I’omilty.	(3) Any person Avho wilfully disobeys or obstKicts the execution of any such order, or avI io trespasses on any such lazaret or other place, or communicates or imjAi’operly interferes with any person detained, therein, shall be liable to a penalty of not less than ton nor more than twenty pounds.
(4) Every person Avho, prior to the passing of this Act, was detained as a leper in the Coast Hospital, at Little Bay, shall be deemed to have been lawfully detained, and to be a leper detained within the meaning and for the purposes of this section.

Iiiterpretution. (5) In this section the expression “ legally qualified medical

54- Vic. No. 20, s. 5.	practitioner” means a legally qualitied medical practitioner within the meaning of the Medical Practitioners Act, 1898, or any Act amending or consolidating the same.
Order to bc evidence.	49. Any such order purporting to be signed as aforesaid shall in all proceedings be admissible without further proof as evidence that such order has been duly made in pursuance of this Di\-ision of this Act.
Ihid. 8. 7.

Penalties. 60. Any person, not being a leper, who—

Ihid. 8. 6.	(a)	Avilfully disobeys or acts in Auolation of any such regulation made for the purpose of carrying this I)i\'ision of this Act into effect; or
(^)	resists or Avilfully obstructs any person in the laAvful exercise of any poAver conferred under this Division of this A c t; or

{c) without laAvful excuse, neglects or disobeys any requirement made under this Division of this Act, or neglects or refuses to obey any order or direction of the Board so made within the time limited in that behalf by such order or direction,

shall for every such offence be liable to a penalty not exceeding twenty

pounds.

PART IV.

C r e m a t o r i e s .

Crematories may bc

61. A loeal authority, or the trustees of any burial ground or

Provided that the erection and maintenance of tlie crematories,

and all matters in connection Avith the burning of the dead, sliall be

subject to such regulations as the Governor may make in that behalf.

maintuined.

cemetery, may erect and maintain crematories for the burning of the

established and

GJ Vic-. Xo. 3H, ?. 3-1, dead : _

PAPtT

L

Act No. 30, 1902. 149

Fublic Health.

PAllT \A

C o m m o n l o d g i n g - h o u s e s .

52. A local autliority may make by-laws— Local autliorities

(a) j)i'ovkling tor the registration and licensing of common lodging-houses; and

{Jj) li.Aing the number of lodgers who may bc received into a common lodging-bouse, and for recording tlie names of the lodgers, and for tlie separation of the sexes ; and

(e) ])rescribing tlie air space to bc provided for each lodger, and tbe affixing of notices as to tbo number of lodgers to bc accommodated in each room ; and

((/) for enforcing (dcanliness, drainage, and ventilation in such

1 louses ; and

(c) for giving notices and taking precautions in tbe ease of any infectious disease ; and

( /) for providing separate privy accommodation for tbe sexes;

and

ig) generally I'or the orderly conduct and for providing for the .sanitary condition of sueb loclging-bouses.

PAUT VI.

B u i l d i n g a r e a s a n d j u i i l d i n g s .

53. This Part shall apply only to districts administered 1 ly Application ot tun i«rt.

municipal councils.

54. When the Board, after causing due iinpiiry to be made, Hoard may n-portto

is of opinion that it Avould bc prcjudical to health that any land should tlic reasons ivliich influence tbe Board in coming to the opinion aforesaid, and the measures which are necessary to be taken in order to render the land fit to be built on.

in its then condition bo built upon, the Board may so ri'port to tbe bmidinf;.

55. (1) On receipt of such report, tbe Minister after causing powers of Minister,

such inquiries and notifications as be may think fit to be made and given, by one notice in the Gazette, and by notices in three consecutive issues of some newspaper circulating in the district in ivliich the land is situate, or by notice served on tbe owner of the land, may declart' that the land shall not be built upon until tbe measures referred to in the notice and more particularly specified in a document deposited in the office of the local authority and o])cn to tlu' inspection of any person luiA'c been taken or the notici' is revoked bv the Minister.

‘ (2.)

150   Act No. 30, 1902.

Public Health.

Penalty. (2) If auv pei’son in contravention of the notice aforesaid huilds upon tlic land, lie shall he liable to a penalty not exceeding five pounds for every day that building operations are carried on in contravention of the notice.

AulliorUj lo outer	56.	hor the purpose of the respective inquiries aforesaid,
land.

fi i Via No 38 s 37 poi’son authorised by the Minister or the Board in that behalf, may enter any land and dig holes therein and remove the soil thereof.

(II). ■ ’ ■

iiutiesofioi-ai 67. (1) I t sliall 1)0 tile duty of every local authority to cause ascertain whether any dwelling-house therein is in a state so injmdous to health as to he unfit for human habitation; and if on tlie representation of their medical officer of health, or on information given, any dwelling-house appears to them to he in such a state, to take proceedings against the owner or occupier for closing the house under the provisions of this Act.

ofdweiUn̂ -hoû ^̂ ^̂	made, from time to time, inspection of their district, with a vieAV
(10 vio. nI ;i8, ». 3.S.
Powers of local

authorities for (2) Bor the purpose of such inspection the local authority

purposes of	may ojicn any ground and remove any flooring, and take such measures
inspection.	as may he deemed necessary to ascertain the construction and condition of the dwelling-house, and all pipes, drains, and fittings in connection therewith.
])rocee(lings.
Notice before	68 . Before taking such proceedings, the local anthority shall serve on the owner or occupier a notice requiring him to render the dwelling-house fit for human habitation, and specifying what works are necessary to he done for that purpose :
H id.
Provided that where the state of the house is eaused hy the Avant or defective construction of any structural convenience, or the insanitary construction of the house or of any part thereof, or where there is no occupier of the house, the notice shall bc served on the.owner.
Procedure.	69. (1) If within fifteen days after service of such notice, no arrangements for satisfying the requirements of the local authority have been agreed to, proeeedings shall be commenced by a complaint to a justice hy the local authority, or hy any person authorised hy the local authority in that behalf, and the justice shall thereupon issue a summons requiring the owner or occupier to appear before a police or stipendiary magistrate or any two justices in petty sessions, who shall proceed to inquire into the complaint.
Ihid.

Powers of justices (2) If the house is in the opinion of the magistrate or

on hearing. justices unfit for human habitation, they may prohibit the using thereof for that purpose until it is rendered fit for that purpose, and on being satisfied that it has been rendered fit for that purpose, they or any other magistrate or justices afoi’esaid may determine theprcAnous order hy another declaring the house habitable, and, from the date of the making of the last-mentioned order, the house maybe let or inhabited.

(3)

Act No. 30, 1902. 151

JPiiblic Health.

(3) Any such proceedings may he taken for the purpose of

causing the dwelling-house to he closed, whether the same is occupied or n o t; and upon such proceedings the magistrate or justices may impose a penalty not exceeding twenty pounds, and make a closing order.

60. (1) 'Where a closing order has hcen made in respect of a

dwelling-house, the local authority shall serve a notice of the order on orlimso.*''

every occujiying tenant of the house; and within sudi period as is eo vic. Xo. 3S, s. 38.

specified in the notice, not being less than seven days after the service

of tlie notice, the order shall be obeyed hy him, and he and his family

shall cease to inhabit the house, and in default he shall he liable to a

penalty not exceeding twenty shillings a day during his disobedience

to the order.

i <>f dosinf;

(2) The local authoritv mav make to every such tenant such Compi'nsiiiion t j

reasonable allowance on account ot Ins expenses in removing as may have hcen authorised hy the magistrate or justices making the closing order, which authority tlu' magistrate or justices are hereby authorised to give, and the amount of the said allowance shall he a civil debt due from the owner of the house to the local authority, and may he recovered in any Court of competent jurisdiction.

61. (1) Where a closing order has been made in respect of any Eesoiutiou for

dwelling-house, and lias not been determined by a subsequent order, a,y'.uingXmsI°*^

then the local authority, if of opinion that the house has not been	s 39.
rendered fit for human habitation, and that the necessary steps ai’c not being taken to render it so fit, and that the continuance of the house or any part thereof is dangerous to the health of the public or of the inhabitants of the neighbouring dwelling-houses, shall pass a resolution that it is expedient to order the demolition of the house or the said part thereof.

(2 ) The local authority shall cause notice of such resolution Notice to owner of

to be served on the oAvner of the house, and such notice shall specify

the time and place appointed hy the local authority for the further consideration of the resolution, not being less than one month after the service of the notice, and any OAvner of the house shall bc at liberty to attend and state his objections to the demolition,

(3) If, upon consideration of the resolution and objections. Power to order

the local authority decide that it is expedient so to do, then, unless an

oA vner undertakes to execute fortliAvith the Avorks necessary to render

the house fit for human habitation, the local authority shall order the

demolition of the house or the said part thereof.

(1) If an OAimer undertakes as aforesaid to execute the said wiiere owner

Avorks, the local autliority may order the execution of the Avorks witliin such reasonable time as is specified in the order, and if the Avorks are not completed Avithin the time or any extended time alloAved by the local authority or the magistrate or justices aforesaid, the local authority shall order the demolition of the house or the said part thereof.

152   Act No. 30, 1902.

public Health.

Owner to execute 62. (1) Where an order for the demolition of a house or any

demolition. thereof has been made, the owner thereof shall, within three 60 Vie. No. 38,8.40. j^gntlis after serviee of the order, proceed to take down and remove

the house or the part thereof, and if the owner fails therein, the local authority shall proceed at his risk and expense to take down and remove the same and shall sell the materials, and after dedueting the expenses incident to sueh taking down and removal and sale, pay over the balance (if any) to the owner. If such proceeds do not cover the expense the amount of the deficiency may be recovered by the local authority from the owner in any Court of competent jurisdietion.

Rebuilding.

(2) Where a house or part thereof has been so taken down and removed, no house or other building or erection which will be dangerous or injurious to health shall be erected on all or any part of the site of sueh house or part thereof; and if any house, building, or ereetion is erected contrary to the provisions of this section, the local authority may at any time order the owner thereof to abate the same, and in the event of non-compliance with the order may, at the expense of the owner, abate or alter the same.

Appeal from order of

local autliority.

63. (1) Any person aggrieved by an order of a local authority

under this Part of the Act may appeal against the same, and the

Hid. 8. 41.

provisions of the Justiees Act, 1902, relating to appeals to Quarter Sessions from summary convictions shall apply v.dth the necessary modifications as if the order of the local authority were a summary conviction under the said Aet.

Provisoes. (2) Providcd that—

(a) the notiee of appeal mentioned in the said Act shall be sent to the local authority, who shall at once send the same to the Clerk of the Peaee ; and

{b) the Court of Quarter Sessions shall, at the request of either party state the facts specially for the determination of the Supreme Court, in which case the proceedings may be removed into that Court.

PAET V II.

N u i s a n c e s .

Nuisance.? liable to

be summarily dealt 64. For the purposes of this Aet—■

with. (a) any premises, including those owned by the Government or by

Hid. s, 42.

public bodies, in such a state as to be a nuisance or injurious

or dangerous to health;

{b) any pool, ditch, gutter, watercourse, eistern, water-closet, earth-closet, privy, urinal, cesspool, cesspit, drain, dungpit, or ashpit, so foul or in such a state as to be a nuisance or injurious or dangerous to health;

(c)	any accumulation or deposit which is a nuisance or injurious
or dangerous to health ; {d)

Act No. 30, 1902. 153

Public Health.

(d) any factory, workshop, or workplace which is not under the operation of any s^eneral Act for the regulation of factories; and

(i) is not kept in a cleanly state and free from effluvia arising

from any drain, privy, water-closet, earth-closet, urinal, or

otlu'r nuisance ; or '

(ii)   is not ventilated in such a manner as to rendc'r harmless, so far as practical)!<', any gases, vapours, dust, or other imjiurilies gem'rated in the course of the work carried on therein, that are a nuisance or injurious or dangerous to health,

shall he nuisances liable to he dealt with summarily under this Act :

Provided that any accumulation or deposit necessary for the Proriso.

olfectual carrying on of any business or manufacture shall not he

liable to be dealt with summarily under this Act, if it is proved to the

satisfaction of the magistrate or justices hereinafter rofen-ed to that the

accumulation or deposit has not been kej)t longer than is necessary

for the purposes of the business or manufacture, and that the best

'

available means have been taken for preventing injury thereby to the

])ublic health.

66. (1) On the receipt of any information respecting the existence Notice requirinf;

of a nui.sance liable to be dealt with summarilv under this Act, the

local anthority shall, if satisfied of the existence of the nui.sance, serve a (.q

notice on the person by whose act, default, or sufferanct; the nuisance

arises or continues, or if such persons cannot be found, on the occupier

or owner of the premist's on Avhich the nuisance arises, ret^uiring him

to abate the same within the time specified in the notice, and to execute

such works and do such things as may bc necessary for that purpose,

and if the local authority think it desirable (but not otherwise)

specifying any works to be executed.

, 43

(2) The local authority may also, by the same or another Notice requiring

notice served on such occupier, owner, or person, require him to do rencrof'nur̂ nco."̂

what is nece.ssary for preventing the recurrence of the nuisance, and

if they think it desirable, specify any works to be executed for that

purpose, and may serve that notice, notwithstanding that tint nuisance

may for the time have been abated, if the local authority consider that

it is likely to recur on the same premises ;

Provided that— rrovisoes

(e)	Avhere the nuisance arises from any want or defect of a structural character, or where the premises are unoccupied, the notice shall be served on the owner;
(b)	Avhere the person causing the nuisance cannot be found, and it is clear that the nuisance docs not arise or continue by the act, default, or sufferance of the occupier or owner of the premises, the local authority may themselves abate the same, and may do Avhat is necessary to prevent the recurrence
thereof. 66.

154   Act No. 30, 1902.

Fublic Health.

Proceedings on

default of compliance 66. (1) If either—

■with notice. {a) the person on whom a notice to abate a nuisance has been

60 Vic. No. 38, a. 44.

served as aforesaid makes default in complying with any of

the requisitions thereof within the time specified ; or

(b) the nuisance, although abated since the service of the notice, is, in the opinion of the local authority, likely to recur on the same premises;

the local authority shall make complaint to a justice, and such justice shall thereupon issue a summons requiring the person on whom the notice was served to appear before a police or stipendiary magistrate, or any two justices in petty sessions.

Order.

(2) The said magistrate or justices may, if satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, by order require the said person to comply with all or any of the requisitions of the notice, or otherwise to al)ate the nuisance within a time specified in the order, and may, if thought desirable, specify the works to be executed by the said person for the purpose of abating or preventing the recurrence of the nuisance.

Penalties on non-

com])litincc with (3) (a) If a person fails to comply with an order of a

order.	magistrate or justice made as aforesaid, with respect to the abatement of a nuisance, he shall, unless he satisfies the Court that he has used all due diligence to carry out such order, be liable to a penalty not exceeding twenty shillings a day during his default.
(b) If a person knowingly and Avilfully acts contrary to an order prohibiting the recurrence of a nuisance, he shall be liable to a penalty not exceeding forty shillings a day during such contrary action.

(c) The local authority may enter the premises to which

an order made under this Part relates, and abate or remoA'e the nuisance, and do AvhateA'er may be necessary in execution of such order.

Wliore person in	67. Whenever it appears to the magistrate or justices that the
default, or owner or

occupier cannot be	person by Avhose act, default, or sutferance a nuisance liable to be
found.	dealt with summarily under this Act arises, or the owner or occupier
Ihid. 8. 45.	of the premises is not known or cannot be found, then the order may be addressed to, and if so addressed shall be executed by, the local authority.
Power to sell things
removed in abating	68 . Any matter or thing removed by the local authority in nuisance liable to be dealt with .summarily under this Act may be sold or disposed of without sale, and the money arising from the sale may be retained by the local authority and applied in payment of tlic expenses incurred by them in reference to such nuisance, and the surplus (if any) shall be paid on demand to the owner of such matter
nuisance.	abating or doing what is necessary to prevent the recurrence of a
Ihid. 3. 46.
or thing. 69.

Act No. 30, 1902. 155

Public Sealth.

69. (1) Any person aggrieved liy tlie order of a magistrate or Appeals,

justices under this Part proliibiting the recurrence of a nuisance or go Yk. Xo. 38, s. 47.

requiring tlie execution of structural works may appeal against the

same, and the jirovisions of the Justices Act, 1902, relating to appeals

to Quarter Sessions from summary convictions shall apply with the

necessary modifications as if the order aforesaid were a summary

conviction under the said Act.

( 2 ) Where a person appeals as aforesaid, no liahility to a s ^ v of proceedings,

penalty shall arise, nor shall any proceedings be taken or work he done under the order of the magistrate or justices until after the determination of such appeal, unless the prosecution of such appeal ceases.

70. In the case of premises owned hy the Government or any viability of ofTicpv

public body, the officer having the chief control of such premises shall

he liable for any breach of the provisions of this Part as if he were the	3.42.
actual OAvner or occupier of such premises; hut if such person proves that the breach Avas one for Avhich ho should not he held responsible he shall be entitled to recoA or any penalty imposed and costs from the Government or the public hod.y.

71. (1) The Governor may, hy proclamation in the Gazette, Vrociamaiion of

declare tlie aa I io I o or any portion of a municipality to be a sanitary municipalities,

area, and revoke and vary any proclamation made as aforesaid. It ihui. s. 48.

shall thereupon he the duty of the council of the municipality to make

hy-laAA"s prohibiting under suitable penalties the construction or use of cesspits and the burial of night-soil Avithin the said area, and for the regulation of the deposit of house refuse, riihhisli, and garbage, and for the destruction thereof, providing for the filling up of disused cess­ pits, and for the disposal of night-soil.

(2) By like proclamations flic Governor may constitute And outside

sanitary areas in populous localities situate outside any municipality, ’‘'"''"'raVties.

and may define the boundaries of tbe same, and may revoke and vary

any proclamation made as aforesaid. The Board may thereupon make

ri'gulations for the purposes mentioned in subsection (1) to have effect

Avithin the areas so constituted.

PART V III.

P olluted water supply.

72.                 (1) Where a Government medical officer, or an officer of Power to prohibit

health or two legally qualified medical practitioners certify to a l o c a l ''"‘‘/ ’G’oVuied water,

authority that any avcII, dam, tank, stream, or other source of Avater

supply for drinking or domestic purposes is so polluted or unAvholesome

16G Act No. 30, 1902.

Fublic Health.

as to be unfit for those purposes, the local authority may, with the consent of the Board, hy notification in the Gazette and in two consecutive issues of some newspaper circulating in the place where the well, dam, tank, stream, or source of water supply is situate, direct that within a time therein mentioned the well, dam, tank, or other similar source of Avater supply shall he closed by the owner of the same, and that the water in or lloAving from the well, dam, tank, stream, or other source of AÂater supply shall not he used for drinking or domestic purposes until the local authority has given notice in the Gazette revoking the direction aforesaid.

Powrv of entrv to	(2)	Th e Board or tlie local authority may at any time between
obtain sample.

the hours of ten o’clock in the forenoon and six o’clock in the afternoon enter upon any premises Avithin the district of such authority for the purpose of obtaining a sample of any Avater.

Pennlt j .

(3) Any person Avho fails to comply Avith any direction notified as aforesaid, or Avho uses or causes to be used for any of the purposes aforesaid any Avater in or flowing from such Avell, dam, tank, stream, or other source of AA'ater supply as aforesaid AÂ hile such direction remains in force shall he liable to a penalty not exceeding five pounds for each day during which the direction is not complied Avith, or the AÂ ell, dam, tank, stream, or other source of Avater supply, is so used as aforesaid.

Powers wliero

infectious disease 73. Where any case of infectious disease exists in a district, and

exists.the Board or the President has reason to suspect that the said disease 60 Vie. No. 38, s. 49. has been caused by or might be spread by Avater contained in any Avell,

dam, tank, or other similar source of water supply, the Board or the President may cause the said Avell, dam, tank, or source of Avater supply to be temporarily closed, and for that purpose may at any time enter upon any premises and take such steps as may be thought necessary.

Penalty for polluting	74.	Any person Aidio pollutes by causingor knoAvinglypermitting
drinking water.

Ihid. B. 50. any solid or liquid matter to fall or floAV or to be carried into any stream or water used for or in connection with the supply of AA ater for drinking or domestic purposes shall be liable to a penalty not exceeding five pounds for every day that he causes or permits the said matter to fall or flow or to be carried into the said stream or Avatcr in con­ travention of this section.

Regulations. 76. The Board may make regulations—

Ihid. [a) prescribing the degree to AAdiich water used in carrying on any

trade or manufacture and alloAA'ed to floAV or percolate into any stream or Avater used for the purposes aforesaid may lie fouled, and providing that the purification of such Avatcr as aforesaid shall be effected to the satisfaction of the local authority; and

(^)

L.-.

Act No. 30, 1902. 157

Fublic Health.

(b) prescribing and regulating tbe construction of cbannels by wbicb the water used as aforesaid may be discharged so as to tioAv or percolate into the stream or ivater used for tbo purposes aforesaid.

PAET IX.

U naviiolesojiu on auultehatei) eoou anu huugs.

76. In this Part, unless tbe context or subject-matter otherwise interpniMtiou.

indicates or rc([uires,— oo Xo. as, s. 7o.

“ analyst” means the GoA'Crnment analyst and includes any person appointed an analyst by the 13oard for the purposes of this A c t ;

“ drug ” includes medicines for internal and external use.

77. The G overnor on the recommendation of the Board may, by standards,

notice in the Gazette fix limits of strength and purity for articles of TMd. s. 53.

general consumption.

78. No person shall, except as hereinafter provided, sell, or Sale or exposition of

olfer, or expose for sale, or deliver any adulterated article, or article	articles,
of food unfit for human consumption, either in the streets, or in any store, market, shop, stall, or vessel as defined by tbe Navigation Act P.)01, or other place of business, or on a round from house to house, under a penalty for a first offence of not less than tivo pounds or more than ten pounds, for a second offence twenty pounds, for a third or subsequent offence fifty pounds.
And if the certificate of the Government analyst states that the adulterated article has been so adulterated as to be injurious to health, the Court may impose five times tbe amount of the maximum penalty laid down for a first, second, or third offence, and in addition to the penalty a term of imprisonment, with or without hard labour, for any period not exceeding six months.

’ 79. (1) Any of the folloiving officers that is to say :— I’mvei-lo obtain

(a) any officer of the Board ; or	samples.
{b) any officer of a municipal council duly authorised in Avriting

by the mayor; or

(c) any inspector of Aveights and measures ; or

(d) any superintendent, inspector, sub-inspector, or sergeant of police; or

. (e) any constable specially authorised by the Inspector-General of Police, or by any superintendent of police,

may at any place of sals or elsewhere, or during transit towards a	.
place of sale,

( / ) on payment or tender to any person dealing in any food or

drug or having it for sale, or his agent or servant, of the

value

158   Act No. 30, 1902.

Fublic Health.

value thereoP, demand and select and take or obtain samples (not being of a quantity greater tlian is reasonably requisite for tbe purpose of analysis) of the said food or drug; and

{g) require tbe said person or his agent or servant to show and permit tbe inspection of tbe vessels in which such food or drug is at tbe time kept, and to take or draw therefrom in his presence the samples demanded.

Penalty. (2) Any such person or his agent or servant who, being

thereto lawfully required—

(a) on payment or tender of the value thereof as aforesaid, refuses or wilfully neglects to deliver to any such officer any such sample, or prevents or attempts to prevent the officer from selecting, taking, or obtaining any such sample; or

[b) wilfully and without just cause refuses or neglects to show to the officer or refuses to permit the inspection by the officer of such vessels as aforesaid, or obstructs him in making the inspection, or refuses or neglects to take or draw as aforesaid the samples demanded,

shall be liable to a penalty not exceeding fifty pounds, and in case of a subsequent offence to a penalty not exceeding one hundred pounds,

Presumption as to (3) When any officer in pursuance of the provisions of this

sale.	section takes or obtains a sample of any food or drug, such food or drug shall be deemed to have been sold to sueh officer by the person dealing in it or having it for sale or his agent or servant within the meaning of this Act, notwithstanding that the quantity so taken or obtained may be less than the quantity which the person dealing in the food or drug or having it for sale is authorised to sell or dispose of at one time.
Manner in wliicli	80. (1) The person purchasing or the officer taking or obtaining thereupon notify to the seller or person dealing in the food or drug, or having it for sale, or his agent or servant, his intention to have the same analysed by an analyst, and shall offer to divide the food or drug into three parts, to be then and there separated, and each part to be labelled or marked and sealed or fastened up in such manner as its nature will permit.
sample may be
dealt witli.	any food or drug rvith tbe intention of submitting it to analysis shall
60 Vie. No. 38, s. 54.
(2) Such person or officer shall then, if required to do so, proceed accordingly, and shall deliver one of the said parts to the seller or person aforesaid, or his agent or servant, and shall retain one of the said parts for furture comparison, and submit the third part, if he thinks fit, to the analyst.
Duties of analyst,	81. If the seller or person dealing in the food or drug, or having it for sale, or his agent or servant do not accept the offer of the purchaser or officer aforesaid to divide the food or drug in his presence, the analyst receiving the same for analysis shall divide it into tAvo parts,
Ihid. 8. 55.

and

Act No. 30, 1902. 159

Public Health.

and shall seal or fasten up one of those parts, and retain such part for production in the event of proceedings being afterwards taken in the matter.

82. Any analyst analysing any food or drug submitted to him Certificate of analyst

in jiursuance oi tlie provisions or tins Act may give a certincate ot tlio ^

result of the analysis in the form prescribed ; and in any proceedings	’	■	’ • •
before any court or justices the production of a certificate, purporting to he signed by the analyst, shall be sufficient evidence of the identity of the food or drug analysed, and of the result of the analysis without ]>roof of the signature of the person appearing to have signed the same.

83. "Where the proseeutor in any case under this Part has caused Costs of analysis,

tlic food or drug forming the subject of prosecution to be analysed by any competent analyst, the justices may in case of a conviction assess the reasonable c.xpense of and attending such analysis and award the same against the defendant as part of the costs of the prosecution :

Provided that before the making of such analysis the person prosecuted has had reasonable notice of the time and place of the intended production of the fopd or drug to the analyst for examination with the name of such analyst, and has been allowed to attend on such production.

84. Upon complaint to the Board that any food or drug is being Analysis of samples,

sold contrary to the provisions of this Act, such complaint being accompanied by a sample of the food or drug, and a report by an analyst supporting the complaint, together with an affidavit by the complainant that the sample submitted is in the same state as when ])urchased, and is the food or drug referred to in the analyst’s report, the Board shall have the sample submitted analysed.

(2) If the food or drug is found not in accordance with

the provisions of this Act, the Board shall direct a local authority to

obtain a sample of such food or drug from a seller of the same, and to have the sample analysed. The local authority shall act as directed by the Board, and if the analysis shows the food or drug not to he in accordance with the provisions of this Act, shall prosecute the seller.

85. (1) Upon complaint on oath to a justice that the Seim'h wamuit.

complainant suspects and believes that any food unfit for human	5'>.
consumption or any drug unfit for use is being kept for sale at or in
some premises or placi; to b(; specified in such complaint, and uj)on reasonable grounds being therein shown for such suspicion and belief, the justice may grant a warrant to any constable to (mter and search the said premises or place; and such constable may break open any doors not opened within a reasonable time after demand, and may sfuze any food or drug Avhich he may then and there find, and any vessel in Avhich the same is at the time kept.

(2)

100   Act No. 30, 1902.

Public Health.

Summons. (2) Any justice may thereupon grant a summons calling upon the owner of the food or drug, or the person in whose possession it has been found, to appear before any police or stipendiary magistrate, or any two justices in petty sessions, to show cause why the food or drug and the vessels aforesaid should not be forfeited and destroyed.

Proceedings upon (3) Upon the said owner or person so appearing, or if after

sucli slumnous. being so summoned he fails to appear, the said magistrate or justices may, after inquiry into the matter, and if satisfied by reasonable proof—•

(or) that the food was in such premises or plaee for the purpose of being sold for human consumption, and was unfit for such consumption; or

[h) that the drug was in such premises or place for the purpose of being used or sold, and was unfit for use, or might, if sold to a purchaser and used by him in a proper manner, injuriously affect h im ;

adjudge such food or drug, and also every such vessel to be forfeited,

and the same shall be destroyed.

In default of such reasonable proof the food or drug and the said vessels shall be forthwith restored to the owner or person in whose possession they were found.

Evidence. (4) In every such proceeding the presence of food in the premises or place specified in the complaint shall be evidence that such food was in such premises or place for the purpose of being sold for human consumption, and the presence of drugs in any such premises or place shall be evidence that such drugs were there for the purpose of being used or sold.

Regulations as to	86 .	(1) The Governor, on the recommendation of the Board,
antiseptics.

GO yic. No. 38, 8. 60, may by regulation prescribe the conditions under which, and the respective proportions in which, the antiseptics or the antiseptic preparations therein mentioned may be mixed with food ; and any food with which any antiseptic or antiseptic prepai’ation has been mixed in contravention of any regulation made as aforesaid shall be deemed to be unfit for human consumption.

Penalty. (2) Any person who sells any food with which any antiseptic

or antiseptic preparation mentioned in any regulation made under the last preceding subsection has been mixed shall, unless at the time of delivering the food he gives notice to the person receiving the same by a label distinctly and legibly written or printed affixed to the containing vessel or parcel truly specifying the nature of the antiseptic or antiseptic preparation and the proportion in which it is present in the food, be liable for each offence to a penalty not exceeding five pounds, and for any subsequent offence to a penalty not exceeding ten

pounds. '

Act No. 30, 1902. IGl

JPublic Health.

87. (1) Every person who for purposes of sale—■ Mixing food or drugs

(a)

mixes or causes or permits to bo mixed any ingredient or îjurrourt™heaith

material with any food, or colours any such article, or causes vic. Xo. 38 s. 6i.

or permits the same to he coloured, so as in any such case to

render such article injurious to health; or

(i)            mixes or causes or permits to he mixed any ingredient or

material with any drug, or colours any such drug, or causes or permits the same to be coloured, so as to affect injuriously the quality or potency of such drug,

shall for the first offence be liable to a penalty not exceeding fifty pounds, and in case of any subsequent offence shall he guilty of a misdemeanour, and be liable to imprisonment, with or without hard labour, for a term not exceeding six months.

(2 ) Every 23erson who sells any food or drug mixed with any ronaity for Eciiing.

such ingredient or material, or so coloured as aforesaid, whereby sucli food or drug has been rendered injurious to healtb, shall be liable for each offence to the like jfcnaltics as are in the first subsection provided in respect of the mixing or colouring of any such food or drug.

88_, (1) Every person who— _ _ jiixing or selling

(a) for purposes of sale mixes or causes or permits to be mixed '<»■

• i * x x * i 1 • 1 increase bulk.

any ingredient or material with any rood or drug in order ̂

thereby fraudulently to increase its weight, bulk, or measure,	‘ ' '
or to conceal its inferior quality; or

(h) to the prejudice of the purchaser sells any food or drug mixed Avith any ingredient or material Avhereby the weight, bulk, or measure of such food or drug has been increased or its inferior quality concealed,

shall ho liable to a penalty not exceeding tAventy jiounds, and for any

subsequent offence to a jienalty not exceeding fifty pounds.

(2 ) Every person who to the prejudice of the purchaser— SeiUng food or drugs

(a) sells any food or drug Avhich is not of the nature, substance, demanded.

or quality of the food or drug demanded by such purchaser ;

or

(&) any compounded food or drug Avhich is not composed of

ingredients in accordance with the demand of the purchaser,

shall be liable to a penalty not exceeding twenty pounds, and for any

subsequent offence to a penalty not exceeding fifty pounds.

(3) In any prosecution under this section it shall b(; no As (o defences,

defence to allege that the purchaser having bought only for analysis ruci. s. od drug, the subject of the prosecution, though defective in nature or in substance or in quality, was not defective in all three respects.

89. Any person who sells a food or drug shall deliver the same Laiieiied

to the purchaser in its 2)urc state, and in strict accordance Avith its labelled description, and Avith the name under Avhich it is sold, unless

L it

162   Act No. 30, 1902.

Fublic Health.

it is sold as a mixture, in which case the added ingredients shall be pure, and the fact of the admixture, with the names of the added ingredients, shall be distinctly and legibly written or printed on a label affixed to the outside of the containing vessel or parcel or to the outside wrapper of the food or drug. A breach of this section shall he deemed an offence under the last preceding section of this A c t:

Proviso.	Provided that it shall not be necessary so to affix a label in the case of food generally known to users as a compounded article or a drug not recognised by the British Pharmacopoeia mixed with any matter or ingredient not injurious to health, and not intended fraudulently to increase its bulk, weight, or measure, or to conceal its inferior quality.
Fusel oil in	90. Every person who sells and delivers, or causes or permits to other person, any intoxicating liquor containing fusel oil in a proportion injurious to health, shall be liable for the first oft'ence to a penalty not exceeding fifty pounds, and in the case of any subsequent offence shall be guilty of a misdemeanour, and be liable to imprisonment, with or without hard labour, for any term not exceeding six months. ■
intoxicating liquors.	be sold and delivered for immediate consumption by the buyer or any
60 Vic. No. 38, s. 63,

Drugs to comply	91. Any drug sold under any name included in the British
with tests specified

in the British	Pharmacopoeia which does not comply with the description given of
Pharmacopoeia.	and tests prescribed for such drug in the latest edition, with amend­
Ihid. 8. 66.	ments, of the British Pharmacopoeia shall, unless such drug be included in a list of exceptions published in the Gazette, under the authority of the Minister, be deemed to be a drug which is not of the substance of the drug demanded by the purchaser.
Bona fide purchase	92. (1) In any prosecution under this Act for the sale of any food or drug and sold it in the state in which he received it, and without knowledge that the nature, state, or condition of the food or drug was such as Avould render him liable to prosecution under this Act, unless he further proves that he had no reasonable means of ascertaining the condition of such food or drug.
n r defence.	food or drug, it shall be no defenee that the defendant purchased the
Ibid. s. 67.

Remedies of bona	(2) I f the defendant, having purchased the food or drug,
fide purchaser who

has been convicted.

proves that he sold it in the state in which he received it from the

person from whom he purchased, and without knowledge—

(«) that the nature, substance, or quality was not that of the food or drug demanded by the purchaser; or

(i)   that any material or ingredient had been mixed with the food or drug contrary to any provision of this A c t; or

(c) that the food or drug was unfit for human consumption or use; or

{d) that otherwise any provision of this Act with regard to the

nature, substance, quality, or labelling of the food or drug

had been contravened, he

L.

Act No. 30, 1902. 163

J?ublic Health.

lie may recover, in any Court of competent jurisdiction, from the person from -whom lie purchased the food or dru^, tlie amount of any penalty in ■which he may have been convicted in respect of such prosecution, together with the costs thereof, paid or payable by him upon his conviction, and those paid or payable by him in and about his defence thereto; and the Court that inflicts the penalty on him may suspend the operation of the conviction for any period not exceeding three months to enable him to recover, as herein jirovided, from the person from whom he purchased the food or drug.

93.                (1) In any prosecution under this Act for the sale of any Agent or Borvani,

food or drug, it shall he no defence that the defendant is only the aerent lo

or servant ot the owner of, or person dealing in the food or drug or go vic. No. 38, a. os.

having the same for sale, hut the agent or servant and the owner or

person aforesaid shall be liable:

Provided that a servant shall not be liable if he proves that the offence was committed in a store, shop, stall, or other similar place in Avhich business Avas, at the time of the committing of the oifence, conducted under the personal superintendence of some other person.

(2) If the defendant, being an agent or servant, prove that But mav iwovcr

be sold the food or drug without knoAvlcdge—

(a) that the nature, substance, or quality Avas not that of the food or drug demanded by the purchaser ; or

{h) that any material or ingredient had been mixed with the food or drug contrary to any provision of this A c t; or

(c) that the food or drug Avas unfit for human consumption or u se ; or

(cZ) that othenvise any provision of this Act Avith regard to the

nature, substance, quality, or labelling of the food or drug

had been contravened,

he may, notwithstanding that his employer or master has been con­ victed and fined, recover in any Court of competent jurisdiction from his employer or master the amount of any penalty in Avhich he may have been convicted in respect of such prosecution, together Avith the costs thereof paid or payable by him upon his conviction, and those paid or payable by him in and about his defence thereto.

Where an agent or servant has been convicted as aforesaid, the Court may, if it thinks fit, suspend the operation of the conviction for any period not exceeding tlii’ce months, to enable him to recover from his employer or master the penalty and costs as aforesaid.

PAET

164   Act No. 30, 1902.

Fiiblic Health.

PAET X.

M i s c e l l a n e o u s P r o v i s i o n s .

D i v i s i o n 1 .—Expenditure.

Expenditure by 9 4 . (1 ) All sums of money expended by tlie Board in carrying

Board. out the provisions of this Act shall he chargeable to the Consolidated

60 Vie. No. 38, s. 77. xpevenue Pund.

By local authorities. (2 ) All sums of moncy expended by a local authority under

the authority of, or in pursuance of, the provisions of this Act shall be

paid as follows :—

{a) where the local authority is the Municipal Council of Sydney, out of the city fund;

{h) where the local authority is the council of any municipality, out of the funds of the municipality ;

(c) where the local authority is a member of the police force, out of the Consolidated Bevenue Pund ;

B j municipalities.	(3) The expenditure incurred by municipalities in carrying out this Act shall be defrayed in the following manner, namely, half out of the city fund or the municipal funds, as the case may be, and half shall be chargeable to the Consolidated llcvenue Pund :
Provided that the salaries paid to medical officers of health shall be wholly defrayed from the said Consolidated llevcnue Pund.

D i v i s i o n 2 .— Powers o f entry and obstruction.

Delegation of 9 5 . Where the Board or a local authority have by virtue of

powers.	this Act or any regulations or by-laws thereunder power to examine
Ibid. s. 80.	or enter any premises, they may examine or enter by any members of the Board or local authority, or by any officers or persons authorised by them, either generally or in any particular case.

General rules. 9 6 . (1 ) Where the Board or a local authority or their officers

Ibid. or any persons acting under the Board or authority have power to examine or enter as aforesaid, the following provisions shall apply, that is to say :—

(ff) The person so claiming the right to enter shall, if required, produce some written document, properly authenticated on the part of the Board or local authority, showing the right of the person producing the same to enter.

(/;) Any person refusing or failing to admit any person who is authorised and claims to enter the premises shall if—

(i) the entry is for the purpose of carrying into effect an order of a magistrate or justices, and either is stated in the said document to be for that XĴ i'pô c, or is claimed by an officer of the Board or of a local authority ; or

(ii)

Act No. 80, 1902. 165

Ftihlic Health,

(ii)  it is proved that the refusal or failure is with intent to prevent the discovery of some contravention of this Act or any regulation or hy-law under this A ct; or

(iii) the refusal or failure is declared hy the enactment con­

'

ferring the right of entry to render the person refusing or

failing subject to a penalty,

he liable to a j)cnalty not exceeding live pounds.

(2) If a justice is satisfied hy information on oath— ' Warrantsautiiorising

(n) that there is I'casonahle ground for such entry, and that there has been a refusal or failure to admit to such premises, and either that reasonable notice of the intention to apply to a justice for a warrant has been given, or tliat the giving of notice would defeat the object of the entry; or

(i)  that there is reasonable cause to believe that there is on the said premises some contravention of this Act, or of any regulation or hy-law under this Act, and that an application for admission, or notice of an application for the warrant would defeat the object of the entry,

the justice may hy warrant under his hand authorise the Board or the local authority or tlnnr officers or other persons, as the case may require, to enter tin' pi-emises, and if nc('d he l)y force, with sucli assistance as they or lie may require, and there excente their duties under this Act.

(3) Any pi'rson obstructing the execution of any such Penaii.r.

warrant shall he liable to a penalty not exceeding twenty pounds, or where the oifence is a continuing one to a penalty not exceeding two pounds for every day that the oft'ence is continued.

(4) The warrant shall continue in force until the purpose Continnanoe of

for which the entry is necessary has been satisfied. warrant.

97. Subject to any express provisions of this Act, whosoever Obstruction of

hinders or ohst^cts any person in the discharge of a duty imposed

on him hy or under any authority conferred hy this Act or by any go vic. No. 38, s. 78.

regulations or by-laws made thereunder shall he liable to a penalty not exceeding twenty pounds, or where the offence or hi-each is a continuing one not exceeding two pounds for every day that the offence or breach is continued.

98. (1) Where the occupier of premises prevents the owner obstmci ion of owner

thereof from obeying or carrying into effect any provision of this Act,

occupier.

a police or stipendiary magistrate or any two justices in petty sessions, on complaint shall, hy order, require such occupier to permit the execution of any works which appear to them necessary for the purpose of obeying or carrying into effect the said provision ; and if within twenty-four hours after service on him of the order such occupier fails to comply therewith, he shall he liable to a penalty not exceeding five jwunds for evc'ry day (luring the continuance of such

non-compliance. (2)

166   Act No. 30, 1902.

Public Sealth.

Refusal by occupier (2) If tlic occupier of any premises, when requested by or

emnêr*' behalf of the local authority to state the name and address of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the same, he shall, unless he shows cause to the satisfaction of the Court for his refusal, be liable to a penalty not exceeding five pounds.

D ivision 3.—Notices.

Delegation of power 99. The giving or Serving of a notice hy the Board or by a local

60 VirNr'ss s 81 ^ mayor under the powers conferred by this Act may he

1C. o. . , s. . py giving or serving of a notice hy any person authorised

hy the Board or local authority in that behalf.

Method of service. 100. (1) A notice, or other document, required or authorised to

Ihid, s. 82. he given or served under this Act may he given or served—

{a) hy delivering the same, or a true copy thereof, to or at the residence of the person to whom it is addressed ; or,

{h) where addressed to the owner or occupier of premises, hy delivering the same, or a true copy thereof, to some person on the premises; or, if there is no person on the premises to whom it can he delivered, by fixing the notice, document, or copy on some conspicuous part of the premises; or

(c) hy post hy a prepaid registered letter.

Proof of servioe by . (2) A notice or other document as aforesaid if given or

post. ' Served by post shall he deemed to have been given or served at the time when the letter containing the same Avould he delivered in the ordinary course of tlie post; and in proving such notice it shall he sufficient to prove that the notice or other document, or a true copy thereof, was properly addressed and put into the post.

Dpscripiioti of owner	101. Any notico or other document hy this Act required to he he addressed hy description of the “ owner” or “ Iccupicr” of the premises (naming them) in respect of which the notice is given or served, without further name or description.
or oeeiipier.	given to tlic owncr or occupier of any premises or served on him may
Ihid,

D i v i s i o n 4 .—Begulations.

Oovernor may mnka	102. The Govemoi may on the recommendation of the Board
MVic No 20 8 0	regulations for carrying into effect the provisions of this Act;

60 Vic. No. as' 8.83. hi those regulations impose any penalty, not exceeding

’ twenty pounds for any breach of the same, or when the breach is a continuing one, not exceeding two pounds for every day that the breach is continued.

Publication of	103.	(1) Begulations and by-laivs made by the Governor under
regulations made by

Governor.	the authority of this Act shall be published in the Gazette, and shall
Ihid. 8. 84.	thereupon, if not repugnant to this Act, have the force of law.

(2)

Act No. 30, 1902. 1G7

Public Health.

(2) Modulations and by-laws made by the Hoard, or by a And by Board or

local autbority, or municipal council, pursuant to this Act shall, on bciii" ajiproved by the Governor and published in the Gazette, if not repudnant to this Act, or to any redulations or by-laws of the Governor mad(' under* the authority of this Act, have the force of law.

(3) All rcdulations and by-laws on bcind d^i^etted shall All ngidationa to

be laid before both Houses of Parliament ivithin fourteen days if parHament”'̂ '̂ days after the next meeting of Parliament.

104, Where by this Act power is granted to mabe regulations Pow er to impose

or by-laws and no power is granted to impose penalties for the breach gg , gj

thereof, power is hereby granted to impose in those regulations or	■	• , ■	•
by-laws a penalty not exceeding twenty pounds for any breach of the same.

105. The production of a copy of the Gazette containing any Evidence,

regulation or by-law purporting to be made under the authority of this	» sfi-
Act shall in any proceeding be evidence that the regulation or by-law has been duly made and approved by the Governor, and published as required by this Act, and, in the case of regulations or by-laws authorised to be made on the recommendation of the Board, that such recommendation has been duly made.

D i v i s i o n 5 .— General penally and procedure.

106. Whosoever contravenes any enactment of this Act for the GcueriU penalty,

breach of which no penalty is specifically imposed, shall be liable to a	s-as.
penalty not exceeding twenty pounds, or where the offence or breach is a continuing one, not exceeding two pounds for every day that the oth'ncc or breach is continued.

107. (1) Penalties imposed by this Act or by any regulations or Kecovory of

bv-laws made thereunder may be recovered before, and ollenct's against i.1- A i. 1 1 n 1 1 j • 1 1 1- j- 1- 5 1 A 1C. No. 20, s. 7.

tins Act may bo heard and determined by a police or stipendiary î,. no ss s 87

magistrate or any two justices in petty sessions in a summary manner	■	• , • •
according to the provisions of the Act or Acts for the time being regulating proceedings before justices.

(2) Any person aggrieved by any judgment, conviction. Appeal,

or order given or made under this section may appeal therefrom in the

manner provided by the Justices Act, 1902.

108.   In any legal proceeding or prosecution under the provisions P'oi'f i" ceriiun

of this Act instituted by or under the direction of the Board or a local gg

authority, or by a Government medical otriccr, officer of lu-alth, or by	' '	'
any inspector or other officer of the Board, or of a local authority, or by any member of the police force, no proof shall be required—

{a) of the persons constituting or the extent of the jurisdiction of

the Board; {l>)

168   Act No. 30, 1902.

Public Health.

{h) of any order to prosecute, or of the particular or general appointment of any Government medical officer, medical officer of health, sanitary inspector, officer, analyst, or of any member of the police force;

(c) of the authority of such officer, inspector, or mefnher of the police force to pi-osecute ;

(f/) of the presence of a quorum of the Board or local authority making any order.

D i v i s i o n 6 .— Saving clauses.

Powers of Act to be

cumulative. 109. All powers, rights, and remedies given hy this Act shall remedies conferred hy any other Act, regulation, or hy-law; and all other powers, rights, and remedies may he exercised and put in force in the same manner and by the same authority as if this Act had not passed.

GO Vic No 38 s 89 addition to and not in derogation of any other powers, rights,

1C. o. , s. .

Officers not lo be

personally liable.

110. Nothing done by the Board, or hy any municipal council or local authority or by any member or officer of or person authorised hy the Board or by any council or authority aforesaid, bona fide for the purpose of carrying out the provisions of this Act, shall subject the members of the Board, council or authority, or any person aforesaid, personally to any action, liability, claim, or demand whatsoever.

Ihid. 8. 90.

S C H E D U L E .

Kcference to Act. Title or short title. Extent of repeal.

45 V ic. No. 25 ... Infectiou.s Disca.so Supervision A ct, 1881 ... The whole.

54 V ic. No. 20 ... Lepro.sy A ct of 1890 ... .. . . . . ... The whole.

57 V ic. No. 21 ... N oxious Trades and Cattle-slaughtering A ct, 1894 Section 20.

eO V ic . No. 38 ... Public H ealth A ct, 1 8 96 ... .. . ... ... The unrepealed

portion, except sections 75 and 76.

• r

Act