Public Health (Amendment) Act 1937 (NSW)

PUBLIC HEALTH (AMENDMENT)

ACT.

Act No. 1, 1937.

An Act to make provision for preventing the Georgevi,

occurrence or spread oi certain diseases;	—
to amend the Public Health Act, 1902, and certain other Acts; and for purposes connected therewith. [Assented to, 25th August, 1937.]

" D E it enacted by the King’s Most Excellent Majesty, J 3 by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South. Wales in Parliament assembled, and by the authority of the same, as follows:—

1 . This Act may be cited as the ‘ ‘ Public He8.1th Short title.

(Amendment) Act, 1 9 3 7 .”

2 .      ( 1 ) In this Act, unless the context or subject matter intorpreta-

otherwise indicates or requires— tion.

“ Disease” means any disease to which the pro­ visions of this Act are applied in accordance with section three of this Act.

(2) This Act and any proclamations made there­ under shall be read and construed subject to the Common­ wealth of Australia Constitution Act and so as not to exceed the legislative power of this State, to the intent that where any provision of this Act or of any procla­ mation made thereunder or the application thereof to any person or circumstance is held invalid, the remainder of this Act or of such proclamation and the application of such provision to other persons or circumstances shall not be affected.

31409— A 3 .

Public Health (Amendment) Act,

Ko. 1, 1937.

3 . (1) The Governor may, from time to time, where from one person to another, or is suspected of being so communicable, declare, by proclamation published in the Gazette, that the provisions of this Act shall apply to and in respect of such disease.

be pro­	he is satisfied that a particular disease is communicable
claimed.
(2) Where the provisions of this Act have been so applied to a disease, the disease shall be an infectious disease ivithin the meaning of the Public Health Act, 1902, the Public Health (Amendment) Act, 1921, and any Act amending or replacing either of such Acts.
Infected	4 . The Governor may, from time to time, by proclama­ situated beyond or in the State of New South Wales is infected with a disease, or that a disease may be brought or carried from or through that area, if he is satisfied that in that area the disease has existed in any person at any time within the period of three months next preceding the day of the making of the proclamation.
be pro­
areas may	tion published in the Gazette, declare that any area
claimed.
Upon the publication in the Gazette of such ])roclama- tion and so long as the proclamation remains in force, that area shall be an infected area within the meaning of this Act.
General	5 . Where the Governor is satisfied that it is necessary so to do for the purpose of preventing the occurrence or spread of a disease in the State of New South Wales, he may, by proclamation published in the Gazette, require jiersons to observe such rules, orders and directions as may be set out in the proclamation.
power.

Powers in	6 . (1) Without prejudice to the generality of section
relation to

persons in	five of this Act the Governor may by proclamation pub­
infected	lished in the Gazette prohibit persons—
area situ­

ated in (a) from moving from any place within an infected

New South

area which is within the State of New South

Wales.

Wales to any other place within such infected

area;

(b) from moving out of any such infected area into any other part of the State of New South Wales.

(2) The power of prohibition conferred by this

section shall extend to authorise prohibition generally

Public Health (Amendment) Act. 3

No. 1, 1937.

or with limitations as to a specified portion of t h e ----

infected area and either absolutely or subject to any

conditions or restrictions specified in the proclamation.

(1) Without prejudice to the generality of section î ntryof five of this Act the Governor may by proclamation pub- Ne™South° lished in the Gazette regulate and restrict the entry into Wales from the State of New South AVales of any person who, at any ouSdc'î ew*

7 .

lime during the period of one month next preceding the South Wales,

day upon which such entry is made or is proposed to he

made, has been or is suspected to have been in an infected

area which is situated in any other State or country.

(2) Withoux prejudice to the generality of subsec­ tion one of this section the Governor may in and by such proclamation—

(a)	prohibit the entry into the State of New South Wales of any sea-going vessel which comes from or which has called or touched at any other State or country within which an infected area is situated except at ports of entry specified in t le ])roclamntion ;
(h)	prescribe the rules, orders and directions to be observed by the master of any such vessel; and prescribe the conditions under which and the

,	circumstances in which persons referred to in
subsection one of this section may be allowed to
land in the State of New South Wales from any
such vessel and the rules, orders and directions '
to bo observed by such persons after so landing;

(c)

prohibit ])crsons referred to in subsection one of this section from entering the State of New South AVales by land travel from any State or country within which an infected area is situ­ ated except at places of entry specified in the proclamation ; and prescribe the conditions under which and the circumstances in which such persons may he allowed so to enter the State of New Soutli Wales, and the rules, orders and directions to he observed by such pei'sons after so entering;

(d)

prohibit the landing in the State of New South Wales of any vessel engaged in navigation by air which comes from or has called at any other

State

Public Health (Amendment) Act.

Ho. 1, 1937.

State or country within which an infected area is situated, except at landing places specified in the proclamation; prescribe the rules, orders and directions to be observed by the person in charge of the navigation of such vessel; prescribe the conditions under which and the circumstances in which persons referred to in snbsection one of this section may be allowed to land in the State of New South Wales from any such vessel, and the rules, orders and directions to be observed by such persons after so landing.

Limitation 8 . A power conferred on the Governor by section six,

as to	section seven or subsection three of section nine of this
exercise o£
certain	Act shall only lie exercised in cases where the Governor
powers.	is satisfied tliat the exercise of the ])ower is necessary for the purpose of preventing the occurrence or spread of a disease in the State of New South Wales.
Provisions	9 . (1) A power conferred on the Governor by section five, section six or section seven of this Act in relation to persons may be exercised either generally in relation to all such persons or particularly in relation to a class or classes of such persons specified in the proclamation; and in the exercise of any such power in relation to any par­ ticular class of persons such class may be specified by reference to the age of such persons, the period during which such persons have been in an infected area, or a specified portion thereof, or otherwise in any manner whatsoever.
as to pro­
clamations.
(2) A power conferred on the Governor by section five, section six or section seven of this Act may be exer­ cised either generally in relation to the subject matter, or in relation to particular cases or classes qf cases within such subject matter, and any provision in a proclamation made under any of those sections may apply either absolutely or subject to any specified conditions or restrictions.
(3) The Governor may in and by any proclamation made under section five, section six or section seven of this Act—

(a) authoi’ise and require any officer or person appointed by liim, cither generally or specially, in that behalf to exercise and discharge such

powers

Public Health (Amendment) Act.

No. 1, 1937.

powers, authorities, duties and functions as the Governor may deem necessary to secure the observance of any rules, orders, directions, ccn- diiions or restrictions made, given or imposed in or by the proclamation; and

(bj prohibit persons from obstructing or otherwise hindering any such officer or person in the exer­ cise or discharge of any of such powers, authori­ ties, duties or functions; and

(c) require persons to afford such reasonable facili­ ties to any such officer or person as will enable him to exercise and discharge effectually any of such powers, authorities, duties or functions.

lOi" The Governor may, by proclamation published in Kevocation the Gazette, revoke or vary any proclamation made under ciamations. this Act.

1 1 . (1) Any person who contravenes or fails to com- Offences,

ply with any provision of a proclamation made under this Act shall be guilty of an offence against this Act and shall be liable upon summary conviction to a penalty not exceeding one hundred pounds.

(2) Any person who aids, abets, counsels or jro- cures or by act or omission is in any way directly or in­ directly knowingly concerned in the commission of any such offence, shall be deemed to have committed that offence and shall be punishable accordingly.

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NATIONAL