Public Health (Amendment) Act 1944 (NSW)

"Bac te r io ly t i c t a n k " includes a septic tank

or any other type of tank, chamber or other s t ruc tu re used for or in conjunc­ t ion with the purification of sewage or other s imilar mate r ia l by the action of bacter ia , and includes all pipes appa ra ­ tus and d ra ins used or intended to be used in connection therewith .

" B o a r d " means the B oa r d of Heal th .

" B o a r d i n g - h o u s e " means any house (not

being licensed premises in respect of which a publ ican 's license under the Liquor Act, 1912, as amended by sub­ sequent Acts , is in force) in which th ree or more persons exclusive of the family of the p rop r i e to r thereof a r e boa tded for h i re or r eward from week to week or for more than a week.

" B u i l d i n g " includes p a r t of a bui lding and

the cur t i lage of a building.

"Chemica l c l o se t " means a closet in or in connection with which there is a fixed receptacle of water - t ight ma te r i a l containing a chemical which effectively d is in tegra tes and continuously main­ ta ins free from organisms of the colon, typhoid or cholera groups the contents

thereof.

" D r a i n "

" C o m m o n lodging-house" means any

house (not being licensed premises in respect of which a publ ican ' s license unde r the Liquor Act, 1912, as amended by subsequent Acts , is in force) in which persons a re ha rboured or lodged for h i re for a single n ight or for less than a week a t one t ime or p a r t of which is let or may be let for any t e rm less than a week a t one t ime.

" C o u r t " in enactments re la t ing to penal­

ties means the mag i s t r a t e or jus t ices by whom the pena l ty may be imposed.

" D r a i n " means any d ra in used for the

purpose of conveying d ra inage from one building only o r f rom premises within the same cur t i lage.

" F o o d " has the meaning given to tha t

expression in the P u r e F o o d Act, 1 9 0 S .

" H e a l t h i n s p e c t o r " includes heal th in­

spectors of the B oa rd and all se rvants of local author i t ies employed to ca r ry out the provis ions of th is Act or any other Acts re la t ing to public heal th .

" H o u s e " includes dwelling of any kind,

school, licensed premises within the mean ing of the Liquor Act, 1 9 1 2 , as amended by subsequent Acts , factory, work - room, shop, board ing - house, lodging-house, common lodging-house, and o ther buildings or s t ruc tures (whether t empora ry or pe rmanen t ) used or intended to be used for human

habi ta t ion or occupation.

" H o u s e " includes p a r t of a house and the cur t i lage of a house.

" I s o l a t i o n " means the segregat ion and

the separa t ion from and interdic t ion of communicat ion with others of per­ sons who a re infected or suspected of being infected with any infectious

d i sease ; and " i s o l a t e " has a corres­

ponding meaning.

" J u s t i c e " means just ice of the peace.

" L o c a l a u t h o r i t y " means council of a

municipal i ty or shire , and with respect to any police dis t r ic t outside a muni­ cipali ty or shire means such member of the police force as m a y be appoin ted by the B o a r d unde r this Act to be a

local au thor i ty .

" L o d g i n g - h o u s e " means any house (not

being licensed premises in respect of which a publ ican 's license under the

Liquor

Liquor Act, 1912, as amended by sub­ sequent Acts , is in force) in which th ree or more persons exclusive of the family of the p ropr i e to r thereof a re lodged for h i re 0r r eward from week to week or for more than a week.

" M e a t " means the whole or any p a r t of an an imal such as is used for human consumption but does not include t inned or canned goods.

"Med ica l officer of h e a l t h " means a legally
qualified medical prac t i t ioner appointed

by the Governor to be a medical officer

of heal th.

" M u n i c i p a l i t y " includes the City of

Sydney.

" N i g h t - s o i l " includes all human excre-

ment i t ious or faecal ma t t e r	and	human
ur ine .

" O c c u p i e r " includes a person having the

charge, management , or control of the building or of the p a r t of the bui lding in which the pa t ien t is, or to which the enactment relates , and, in the case of a house, the whole of which is let out in sepa ra t e tenements , or in the case of a lodging house, the whole of which is let out to lodgers, the person

t enan t s or lodgers, e i ther on his own receiving the ren t payable by the

account or as the agent of ano ther

person, and in the case of a vessel means the mas t e r or other person in charge thereof.

"Offensive m a t t e r " includes dust , s ludge,

mud, soil, ashes, r ags , was te m a t t e r , filth, blood, offal, dung, manure , or any other ma te r i a l which is offensive or likely to become offensive.

"Off icer" includes any medical officer of

heal th, ass i s tan t medical officer of

heal th , officer of the Boa r d or se rvan t

of

of a local au thor i ty , or any superinten­ dent, inspector , sub-inspector, or sergeant of police, or any constable specially au thor ised by the Commis­ sioner of Police.

" O w n e r " means the person for the t ime being receiving the ren t of the premises in connection with which the word is used, whether on his own account or as agent or t rus tee for any o the r person, or who would so receive the same if such premises were let a t a rent .

" P r e m i s e s " means any house, tenement or

building of any descript ion with t he appur tenances to the same, any swim­ ming pool, and also land whether built upon or not.

" P r e s c r i b e d " means prescr ibed by th is

Act or by regula t ions or by-laws m a d e under the au thor i ty of this Act.

" P r e s i d e n t " means P res iden t of the B o a r d

of Heal th .

" P u b l i c conveyance" includes a coach, cab, omnibus, motor car, waggon, or o the r vehicle or vessel in which passengers are carr ied for h i r e ; and also includes

a t r a m c a r and ra i lway car r iage .

" P u b l i c which the public ord inar i ly has access
whether by payment or not. p l a c e " includes every place t o

" R e f u s e " includes offensive mat te r .

" R e g u l a t i o n " means regula t ion made o r

deemed to have been made under th i s

Act.

" R u b b i s h "	includes	offensive	ma t t e r .
" S a n i t a r y	convenience"	includes	pan

closet, ur inal , wa te r closet, p r ivy and any receptacle for the deposit of night- soil, refuse or rubbish.

" S c h e d u l e "

" S c h e d u l e " means Schedule to this Act .

" S e w e r " includes any d ra in other than a

d ra in used for the purpose of conveying d ra inage f rom one building only or f rom premises wi thin the same curt i lage.

" S t r e e t " includes any h ighway and any

public br idge and any road, lane, footway, square , court, alley, or

passage whe the r a	thoroughfa re	or
not.

"Whole - t ime medical officer of h e a l t h "

means medical officer of heal th, the whole of whose t ime is devoted to the duties of his office.

(b)	by inserting in subsection two of section four
a f te r the word " b o a t " where firstly occurr ing
the words " p u n t , l ighter , house-boa t . "

3. The P r inc ipa l Act is fu r the r amended—

(a ) ( i) by inser t ing a t the end of subsection one of

section seven the w o r d s : —

The pe r son for the t ime being hold­ ing the office of Direc tor-Genera l of Publ ic Hea l th shall bo a member of the B o a r d and shall be the P res iden t

thereof.

illness or any other cause of the I n the event of the absence th rough

Director-General of Publ ic Hea l th or

du r ing any vacancy in the office of Director-General of Publ ic Hea l t h the pe r son for the t ime being pe r fo rming the dut ies of t h a t office shall be a member of the B o a r d and shall be the

P re s iden t thereof;

(ii)  by omitting from subsection two of the same section the words " s u c h m e m b e r s " and by inser t ing in lieu thereof the words " t h e members of the Board , o ther than the P r e s i d e n t " ;

(b)

(b)	by omitting from section ten the words "or by the D a m e s Supervis ion Act, 1 9 0 1 " and by inser t ing in lieu thereof the words " o r by the Local Government Act, 1919, as amended by
subsequent A c t s " ;
(c)	by inserting in section eleven after the word
" B o a r d " the words " o r any pe r son author ised
in tha t behalf by the B o a r d " ;
(d)	by inserting at the end of section thirteen the words " a n d may take samples for the purpose of analysis of any substance or ma te r i a l found
in or upon such p r e m i s e s " ;

(e) (i) by inse r t ing in subsection one of section

seventeen af ter the word " m u n i c i p a l i t y "

wherever occurr ing the words " o r s h i r e " ;

(ii)   by inserting in subsection two of the same

section af ter the word " m u n i c i p a l " the

words " o r s h i r e " ;

(f)	by inserting in subsection two of section
eighteen after the word " m u n i c i p a l i t y " the
words " o r s h i r e " ;
(g)	by omitting from section nineteen the word
" s a n i t a r y " and by inser t ing in lieu thereof the
word " h e a l t h " ;

(h) (i) by omit t ing from subsection one of section
twenty the words " sha l l , when requi red by

his local author i ty , and may a t such o t h e r "

and by inser t ing in lieu thereof the words

" m a y , a t s u c h " ;

(ii)   by omitting from the same subsection the words " t h e said a u t h o r i t y " where firstly occurr ing and by inser t ing in lieu thereof

the words " a local a u t h o r i t y " ;

(iii) by omit t ing from the same subsection the

word " t h e i r " and by inser t ing in lieu there­

of the word " i t s " ;

(i) (i) by inser t ing a t the end of subsection one of

section twenty-one the following w o r d s : —

An officer of the Boa rd duly auth­
orised in tha t behalf by the Boa r d may

a t any reasonable t ime inspect the

regis ter

reg is te r books of deaths within any
dis t r ic t .

(ii)   by inserting in subsection two of the same section af ter the words " o f the d i s t r i c t " the words " o r of an officer of the B o a r d

duly author ised in tha t beha l f" ;

(j)	by omitting from section twenty-two the words
" o f the local a u t h o r i t y " ;
(k)	by inserting in subsection two of section twenty-
four af ter the word " m u n i c i p a l " the words " o r

s h i r e " .

4. (1) The Pr inc ipa l Act is fu r ther amended by

inser t ing next af ter section twenty- three the following
new section:—

23A. Af te r the commencement of the Public Hea l th (Amendment ) Act, 1944, no person shall be employed as a heal th inspector by a local au thor i ty unless he holds the prescr ibed qualifications: Prov ided tha t the B o a r d may exempt from the operat ion of this section the employment of any specified pe r son as heal th inspector for a specified distr ict .

(2) The Local Government Act, 1919, as amended

by subsequent Acts , is amended—

(a)	by inserting next after section ninety-three the following new sect ion:—
93A. (1) Where after the commencement of the Public Hea l th (Amendment) Act, 1944, the
council appoin ts a heal th inspector it shall, except as provided in subsection four of this
section, appoin t a person who holds a certificate as prescribed.

(2) Ordinances may be made prescr ib ing the conditions upon which certificates of heal th inspectors m a y be issued.

(3) Subject to the approva l of the

Minis ter any person holding the prescr ibed cert i­ ficate may be appointed health inspector of two or more councils.

(4) Notwi ths tand ing subsection one of
th is section the council may appoint a person who

does not hold such certificate w h e r e the

appoin tment

appo in tmen t is made in conformity with an exempt ion g ran ted under section 23A of the Publ ic Heal th Act, 1902-1944.

(b) by inserting at the end of section ninety-four

the following new subsection:—

(3) (a) Subsection one of this section shall extend to author ise the Governor to make a requirement tha t two or more councils join in making the appointment , and to author ise the Governor to appoint a health inspector or heal th inspectors to act for the councils jointly and to fix the t e rms of any such appointment .

(b) I n the applicat ion of subsection two of th is section to a ease in which the Governor appoin ts any heal th inspector or health inspec­ to rs to act for two or more councils jointly, tha t subsection shall be read and construed as if the words " t h e counc i l " were omitted and the words " t h e respective councils in such shares or pro­ por t ions as the Governor may d e t e r m i n e " were inser ted in lieu thereof.

5. T h e Pr inc ipa l Act is fur ther amended—

( a ) (i) by omit t ing p a r a g r a p h (b) of subsection

one of section twenty-nine;

(ii)   by inserting next after the same subsection the following new subsect ion:—

in to visit a pat ient suffering from an prac t i t ioner who is a t tending or is called (1A) E v e r y legally qualified medical

infectious disease or who becomes aware or h a s reasonable grounds for believing tha t a n y pa t ien t whom he is a t tending or is called in to visit is suffering from an infectious disease, or who becomes aware by post­ mor tem examinat ion tha t any person has died from an infectious disease, shall—

(a) forthwith prepare a certificate set­

t i ng forth the full name of the pa t ien t or deceased person, the s i tuat ion of the house in which the pa t ien t resides or the deceased

E person

person died, the infectious d isease from which, in the opinion of t he medical prac t i t ioner , the pa t ien t i s suffering or the deceased person died, and par t i cu la r s of such o ther m a t t e r s as m a y be prescribed, and shall for thwith send such certificate—

(i)   in any case where the infec­ t ious disease is tuberculosis , leprosy or pue rpe ra l infection or any other infectious d isease to which the provis ions of th is s u b p a r a g r a p h a re extended by the Governor by proclama­ tion published in the Gazet te —to the secre tary to t h e

B o a r d :  P rov ided t h a t in the

case of tuberculosis such certificate shall be so p r epa red and sent only where t h e medical prac t i t ioner has def­ inite pathological evidence of the existence of the d i s ea se ;

(ii)   in any case where the infec­ t ious disease is plague, small­ pox or cholera—to the secre­ t a r y to the B o a r d ; and in the

case of such diseases t h e

medical prac t i t ioner shall a l so

for thwith communicate by tele­ phone to the secre ta ry to the B o a r d the contents of such cert if icate;

(iii)   in any other case—to the local a u t h o r i t y ;

(b)

except where the infectious disease is tuberculosis or pue rpe ra l infection inform the head of the household or the occupier of the house in which the pa t i en t res ides or the deceased

person died and any pe r son n u r s i n g

or in immediate a t tendance on	t h e
pa t i en t or deceased person of	t h e

infect ious

infectious na tu r e of the disease and the precaut ions to be taken to pre­ vent i ts conveyance to o thers ,

(iii) by omitting from subsection three of the

same section the words " t h r e e shillings and s i xpence" and by inser t ing in lieu thereof

the words " t w o shillings and s i x p e n c e " ;

(b) by omit t ing sections thir ty-one and th i r ty - two;

(c) by inserting at the commencement of Division 3

of P a r t I I I the following new sect ion:—

32A. (1) A medical officer of heal th or a legally qualified medical prac t i t ioner author ised in any par t i cu la r case in tha t behalf by the P res iden t may by order in wr i t ing direct tha t the person named there in (being a person suffering from an infectious disease) be removed to the hospital named in the order (being a hospital available for the reception and t rea t ­ ment of persons suffering from the infectious d i sease ) .

(2) (a ) A medical officer of heal th or a legally qualified medical prac t i t ioner so autho­ rised may make an order under this section in respect of a person suffering from an infectious disease in any case where he deems it expedient so to do in the in teres ts of public health.

(b) A medical officer of heal th or a

legally qualified medical prac t i t ioner so author­ ised shall make an o rder under this section in respect of a person suffering from an infectious d isease in any case where ho is satisfied t ha t such person is wi thout p roper lodging or accom­ modation or is l iving in a house in which he cannot be effectually isolated so as to p reven t the risk of the infection spread ing to other pe r sons living in the house.

(3) An order unde r subsection one of th i s section shall be addressed general ly to the local au thor i ty and its officers and to all members of the police force ; and the directions of the

order

order shall be carr ied into effect by any officer of the local au thor i ty or any member of t h e police force upon whom the order is served.

(4) A n y such officer or member of t h e police force upon whom the o rde r has been served who, without jus t cause, neglects or fails to c a r r y into effect the direct ions of the order , shall be gui l ty of an offence and shall be liable to a penal ty not exceeding ten pounds .

(5) Any person who obstructs or h i n d e r s

any such officer or member of the police force ca r ry ing into effect the direct ions of the order shall be guil ty of an offence and shall be liable to a penal ty not exceeding ten pounds .

(d) (i) by omit t ing from subsection one of section th i r ty-four the words " o r , where the said au thor i ty is a municipal council, t h e m a y o r ' ' ;

(ii)   by omitting from subsection two of the same section the words " t h e officers of the local author i ty , under the super in tendence of a legally qualified medical p r a c t i t i o n e r " and by inser t ing in lieu thereof the words " t h e

local a u t h o r i t y " ;

(e)	by inserting at the end of section thirty-six the
words " u n l e s s the owner has previously agreed
to forego such c o m p e n s a t i o n " ;

(f) (i) by omit t ing from subsection three of section

thir ty-seven the words " m a y , and when
required by order of the B oa r d s h a l l "	and

by inser t ing in lieu thereof the words " s h a l l , where a pan removal service is controlled

by such local a u t h o r i t y , " ;

(ii)   by inserting in the same subsection after the

word " f i r e " the words " o r by o ther m e a n s

a p p r o v e d by the B o a r d " ;

(g) (i) by omit t ing from p a r a g r a p h (a) of subsec­

tion one of section th i r ty-e ight the w o r d s

" a legally qualified medical p r a c t i t i o n e r " and by inser t ing in lieu thereof the w o r d s

" t h e local a u t h o r i t y " ;

(i i)

(ii) by omit t ing from the same p a r a g r a p h the

words " s i g n e d by h i m " and by inser t ing in lieu thereof the words " i s s u e d by such local a u t h o r i t y " ;

(iii)   by omitting from subsection three of the

same section the words " t h e i r officers to serve notice of the provisions of this sec­ t i o n " and by inser t ing in lieu thereof the words "no t i ce of the provisions of this sec­

tion to be s e r v e d " ;

(iv)   by omitting from the same subsection the

words " t h e y a re a w a r e " and by inser t ing

in lieu thereof the words " t w e n t y - n i n e " ;

(h)	by omitting from subsection one of section forty-
eight the word " t h i r t y - t w o " and by inser t ing
in lieu thereof the word " t w e n t y - n i n e " ;

(i)   by inserting next after section forty-nine the

following new section:—
49A. If a medical officer of heal th or ass is tant medical officer of heal th has reason to believe tha t any person is suffering from leprosy or is a contact of a case of leprosy he may by order in wr i t ing direct such person to submit to medical examinat ion at such t ime and place as m a y be specified in the order .

The power conferred by the foregoing pro­ visions of this section may be exercised more t han once in relat ion to the same person.

Any person upon whom an order under this section is served shall comply with the direct ions of the order , and if he neglects or refuses to do so he shall be liable to a penal ty not exceeding

five pounds .

( j ) by inser t ing in P a r t I I I next after section fifty

the following new division:—

DIVISION 5.—Public Welfare.

50A. (1) W h e r e an officer certifies in wr i t ing to the local au thor i ty tha t any art icles on specified premises within i ts a rea a re verminous or likely to be verminous or dangerous or pre- judicial to heal th by reason of having been used by any person infested with vermin such local

au thor i ty

au thor i ty may by order in wr i t ing author ise the officer named in the order to enter such premises , by force if necessary, and to seize any art icles there in which a r e verminous, filthy, dangerous or unwholesome or likely to endanger heal th or to promote infectious disease, and to disinfect o r des t roy such art icles ei ther on the premises or elsewhere.

I n the appl icat ion of this subsection to and in respect of a local au thor i ty which is the council of a municipal i ty or shire the word "off icer" means a medical officer of health, or an ass i s tan t medical officer of health or an officer of the Board or se rvant of the council author ised in tha t behalf by the Board or council as the case may be.

(2) Any person who obstructs or h inders any officer so author ised ca r ry ing the order into effect shall be guil ty of an offence and shall be liable to a penal ty not exceeding ten pounds .

(3) W h e r e a person sustains damage by reason of the disinfection or destruct ion of any art icle p u r s u a n t to this section and the condition of the article by reason of which it was disin­ fected or des t royed is not a t t r ibu tab le to his act or default the local au thor i ty shall make reasonable compensat ion to t ha t person.

(k) by inserting in subsection one of section 51A after the word " G o v e r n o r " where firstly occur­ r ing the words " o n the recommendat ion of the B o a r d " ;

(1) by inser t ing in section fifty-two af ter the word

" m a y " where firstly occurr ing the words " a n d

when directed by the B oa r d s h a l l " .

6.     (1) The Pr inc ipa l Act is fu r ther amended—

(a)	by omitting from section fifty-three the words
" o n l y to dis t r ic ts adminis te red by municipal
counc i l s " and by inser t ing in lieu thereof the
words " t o every place in New South W a l e s " ;

(b)

(b) by inserting at the end of section fifty-five the following new subsection:—

(3) W h e r e any person occupies or uses a building which has been erected upon any land in contravent ion of a notice unde r subsection one of this section the Board or a local au thor i ty may, unless the measures re fe r red to in the notice and specified in the document deposi ted in the office of the local au thor i ty have been taken or the notice has been revoked by the Minister , by ins t rument in wri t ing, direct such person to vacate or cease to use such building within a period (not being less than fourteen days) to be specified in the ins t rument .

Any person who neglects or fails to comply with the directions contained in any such ins t ru­ ment within the per iod specified therein shall be liable to a penal ty not exceeding two pounds for every day dur ing which he continues to occupy or use the building af ter the expira t ion of the per iod specified in the ins t rument .

(c) (i) by omit t ing subsection one of section fifty- seven and by inser t ing in lieu thereof the following subsection:—

(1) I t shall be the du ty of every local au thor i ty to cause to be made, from time to t ime, inspection of i ts distr ict , with a view to ascer ta in ing whether any house or

building there in is in a s ta te so injur ious	or dangerous to health as to be unfit or
unsafe for human habi ta t ion or occupat ion; and if on the represen ta t ion of a medical officer of heal th, or on informat ion given by any other person, any house or building appea r s to i t to be in such a s ta te , to take proceedings aga ins t the owner or occupier for closing the house or building under the provisions of this Act.

(ii)   by omitting from subsection two of the same section the word " d w e l l i n g - h o u s e " and by inser t ing in lieu thereof the words

" h o u s e or b u i l d i n g " ;

(d)

(d)	by inserting at the end of subsection three of
section fifty-eight the following w o r d s : —

A person shall be deemed to occupy such house or building or such p a r t thereof in con­ t ravent ion of the order if a t any t ime after the expira t ion of the t ime specified in the order he is in actual occupation of such house, building, or par t , whether such occupation is as owner, occupier or t enan t or is adverse to the owner ; and, in the case of a t enan t or person in occupa­ tion adversely to the owner, whether or not he has notice of the order .

(e) by inser t ing next after section fifty-eight the

following new sect ion:—

58A. (1) No person shall furnish, let or
occupy or pe rmi t or suffer to be occupied as a
dwelling any cellar, vaul t or underground room.
(2) The fact that any cellar, vaul t or
underg round room is furnished so as to be
capable of being used as a living room or as a

bedroom shall be p r ima facie evidence tha t the

same is occupied as a dwelling.

(3) In this section the expression "ce l l a r ,

vaul t or unde rg round r o o m " includes any room being pa r t of a house if the floor of such room is more than three feet below the surface of the adjoining s treet or of the land adjoining or

direct access to the outer a i r otherwise than a t neares t to such room and such room has no	a level of more than three feet above the floor
thereof.

(f) (i) by omit t ing from subsection one of section

sixty the word " d w e l l i n g - h o u s e " and by

inser t ing in lieu thereof the words	" h o u s e
or	b u i l d i n g " ;

(ii)   by inserting in the same subsection after the

words " t h e h o u s e " wherever occurr ing the

words " o r b u i l d i n g " ;

(iii)   by inserting in subsection two of the same section af ter the word " h o u s e " the words

" o r b u i l d i n g " ;

(g)

(g) (i) by inser t ing in subsection one of section

sixty-one af ter	the words " r e n d e r e d f i t "	the
words	" o r	s a f e " ;

(ii)   by omitting from the same subsection the words " a n d tha t the continuance of the house or building or any p a r t thereof is dangerous to the heal th of the public or of the inhabi tants of the ne ighbour ing dwell­ ing-houses ' ' and by inser t ing in lieu thereof

the words " o r s a f e " ;

(iii)   by inserting in subsection three of the same

section af ter the word " f i t " the words " o r

s a f e " .

(2) The amendments made by p a r a g r a p h s (b) to

(g) both inclusive of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

The day so appointed shall be la te r than the day appointed and notified p u r s u a n t to subsection four of section one of this Act.

7. ( 1 ) The Pr inc ipa l Act is fur ther amended by inser t ing next af ter section sixty-three the following new P a r t : —

P A R T V I A .

UNDERTAKERS AND MORTUARIES.

63A. (1) Af te r the expira t ion of th ree months af ter the commencement of the Public Hea l th (Amendment ) Act, 1944, no person shall c a r ry on business as an under t ake r unless he is the holder of a license au thor i s ing him to c a r r y on the business

of	an	under t ake r .
(2) E v e r y license to ca r ry on the business

of an under taker shall be issued by the local au thor i ty of the dis t r ic t in which the office of the unde r t ake r (or, where there is more than one such office, the pr incipal office) is s i tuated.

No license under this section shall be g ran ted b y a local au thor i ty except with the approva l of the board .

(3)

(3) The local au thor i ty may refuse to issue a license to or may cancel the license of any person who, in i ts opinion, is unfit or unsui table to ca r ry on the business of an under taker .

63B. (1) Af te r the expira t ion of three months a f te r the commencement of the Public Hea l th (Amendment) Act, 1944, no under t ake r shall use, in connection with his business as such, any m o r t u a r y unless the same is regis tered with the local au thor i ty

within whose distr ict the m o r t u a r y is s i tuated.

(2) No m o r t u a r y shall be regis tered unless

i t is constructed and equipped in accordance with the requi rements of the regula t ions made under this P a r t .

63C. (1) The Governor may, on the recommenda­

tion of the Board , make regulat ions re la t ing t o : —

(a) reg i s t ra t ion of m o r t u a r i e s ;

(b)	g r a n t i n g of licenses to ca r ry on the business
of an u n d e r t a k e r ;
(c)	the inspection of mortuaries and premises reasonably suspected of being used as mor­
tuar ies ;
(d)	the site, construction and lay-out of the premises to be used as, and the equipment
to be provided in, m o r t u a r i e s ;
(e)	vehicles used by an undertaker in connec­
t ion wi th his business as such;
(f)	mor tua r i e s or p r epa ra t i on rooms ;
(g)	generally for carrying into effect the pro­
visions of this P a r t .

(2) The Governor may, on the recommenda­

tion of the Board , also make regula t ions re la t ing to—

(a)	the embalming or the in te rment of the d e a d :
(b)	the exhumation of the remains of deceased
p e r s o n s ; and
(c)	the prohibi t ion of bur ia ls in cer ta in a reas .

(3) The regula t ions made in re la t ion to the

m a t t e r s re fer red to in this section m a y prescr ibe the

fees to be pa id in respect of the m a t t e r s	there in
specified.

(4)

(4) The regula t ions made in relat ion to the ma t t e r s re fer red to in this section may impose a penal ty not exceeding twenty pounds for any breach of the regulat ions, or where the breach is a continu­ ing one, not exceeding two pounds for every day dur ing which the breach continues.

(2) Subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

The day so appointed shall be la ter t han the day appointed and notified pu r suan t to subsection four of section one of this Act.

8. The Pr inc ipa l Act is fur ther amended—

(a) by omitting section sixty-four and by inserting in lieu thereof the following sect ion:—

64. F o r the purposes of this Act—

(n)	any premises including those owned by the Government or by public bodies, in such a s ta te as to be or to tend to become a nuisance or injurious or dangerous or prejudicial to hea l th ;
(b)	any swamp, pool, ditch, gutter, water­ course, or accumulation of wa te r on any land or public place, any recep­ tacle holding water , any san i t a ry con­ venience or dra in , any premises , vessel,
in such a s ta te as to be a nuisance or tent , camp, vehicle or place so foul or

injurious or dangerous or prejudicial to heal th or in such a s ta te as to be or to tend to become a breeding place for mosquitoes or to afford a breeding place for flies or other ve rmin ;

(c)	any animal or the carcase of any animal or any p a r t thereof in such a s ta te or so kept or left on any premises or vessel or on any land, s t reet or thoroughfare as to be a nuisance or injurious or dangerous or prejudicial
to hea l th ;

(d)

(d)	any accumulation or deposit which is a nuisance or in jur ious or dangerous or prejudicial to hea l th ;
(e)	any premises, vessel or place including those owned by the Government or by public bodies in such a s ta te as to h a r b o u r or to be likely to ha rbour r a t s or mice or which upon inspection by an officer a re found to be infested by r a t s or mice;
(f)	any house or building or part of a house or building so overcrowded as to be or to be likely to become injur ious or dangerous or prejudicial to the heal th of the inmates whether or not members of the same family;
(g)	any premises from which smoke, soot or other ma t te r , or dust or effluvia a r e emit ted so as to be dangerous or p r e ­ judicial to heal th or offensive;

(h) any premises or p a r t thereof which

a re d a m p or in a s ta te of d i s repa i r or in which adequate means of pe rmanen t vent i la t ion a re not provided or of which the roof, gu t te r ing , spout ing or down p ip ing o r d ra inage is defective or insufficient or in which an adequate wholesome wa te r supply or closet or ba th ing accommodation is not p rov ided ;

(i)   any dwelling-house or part thereof in which adequate means of na tu ra l l ight­

ing a re not p rov ided ;
(j)	any yard or place used for or in con­ nection with the collecting, t rucking, selling or exposing for sale of any
an imal which—

(i)   is not kept in such a state as to prevent dust or offensive odours

a r i s i ng the re f rom;

(ii)   is in such a state as to become or tend to become a nuisance or in jur ious or prejudicial or

dangerous to hea l th ;

(k)

(k) any well or other like source of water supply or any cis tern or other recep­ tacle fo r wa te r (if the wa te r therein o r theref rom is or is likely to be used for human consumption or for domes­ t ic purposes or for any purpose in connection with a da i ry-farm or da i ry) which well, source, cistern or recep­ tacle is polluted or is liable to r ender any wa te r contained there in dangerous to heal th or offensive;

(1) any factory, workshop or workplace which is not under the opera t ion of any genera l Act for the regulat ion of factories, and

(i)   is not kept in a cleanly state and

free f rom effluvia a r i s ing from

any dra in , s an i t a ry convenience,

bacteriolytic tank, earth-closet,

or other source of nu isance ; or

(ii)   is not ventilated in such a man­ ner as to render harmless , so fa r as pract icable, any gases , vapours , dust , or o ther impuri ­ ties genera ted in the course of the work car r ied on therein, tha t a r e a nuisance or injur ious or dangerous or pre judic ia l to

heal th ,

shal l be nuisances liable to be deal t with sum­

mar i ly unde r this A c t :

P rov ided tha t any accumulation or deposit necessary for the effectual ca r ry ing on of any business or manufac ture shall not be liable to be deal t wi th summar i ly unde r this Act, if i t is proved to the sat isfaction of the mag i s t r a t e or jus t ices here inaf ter re fe r red to tha t the accumu­ lat ion or deposit has not been kept longer than is necessary for the purposes of the business or manufac tu re , and tha t the best available means have been taken for p reven t ing in jury thereby to the public heal th .

(b)

(b) by inserting in subsection one of section sixty-

five after the word "authori ty" where firstly

occurring the words " o r its health inspector";

(c) (i) by inserting at the end of subsection two o f

section sixty-six the following words:—

Where the magistrate is or the justices are satisfied that the alleged nuisance exists he or they may, in addition to making such order, impose a penalty not exceeding twenty pounds.

(ii)   by inserting at the end of the same section the following new subsection:—

( 4 ) In any case where it appears that a nuisance existing within the district of a

local authority is wholly or partly caused by some act, default or sufferance outside

the district, proceedings may be taken against any person in respect of such act, default or sufferance in the same manner and with the same incidents and conse­ quences as if the act, default or sufferance were wholly inside the district.

But no person shall be liable to proceed­ ings by more than one local authority in respect of the same act, neglect or default.

(d) ( I ) by omitting from section sixty-eight the

word " them" and by inserting in lieu
thereof the word " i t " ;

(ii)   by inserting at the end of the same section the following new subsection:—

(2) The local authority may recover from the owner of the premises any ex­ penses incurred by it in abating or doing: what is necessary to prevent the recurrence

of a nuisance, or so much of such expenses

as is not satisfied out of the moneys re­
ferred to in subsection one of this section.

(e) (i) by omitting from subsection one of section

seventy-one the words "deposit of house" and by inserting in lieu thereof the words "collection, removal and disposal of night-

so i l " ;

( i i)

( i i ) by omit t ing from the same subsection the

words " d i s u s e d cesspits, and for the dis­ posal of n igh t - so i l " and by inser t ing in lieu

thereof the word " c e s s p i t s " ;

(iii) by omitting from subsection two of the

same section the word " p o p u l o u s " ;

(iv)   by omitting from the same subsection all words af ter the word " r e g u l a t i o n s " and by inser t ing in lieu thereof the words " f o r the conservat ion, collection, removal and dis­ posal of refuse, rubbish and night-soil, the cleaning of pans , vehicles and appliances, the maintenance of depots , the filling in of cesspits, the degree, s i tuat ion and construc­ tion of san i t a ry conveniences and the pay­ ment for services rendered in connection therewi th and for supervis ion of such ac t i v i t i e s " ;

(v)   by inserting at the end of the same section the following new subsection:—

(3) The local au thor i ty within whose dis t r ic t any locality has been const i tuted a san i t a ry a rea under subsection two of this section shall make wr i t ten applicat ion to the secre tary to the Boa rd for approva l of the site proposed to be used for disposal of refuse, rubbish and night-soil, p r io r to the

use of such site.

9.     The Pr inc ipa l Act is fur ther amended by inser t ing

next af ter section seventy-one the following new P a r t : —

P A R T V I I A .

U S E OF HYDROCYANIC ACID AND OTHER DANGEROUS

SUBSTANCES.

71A. I n this P a r t the expression " d a n g e r o u s

s u b s t a n c e " includes hydrocyanic acid and any other substance declared by the Governor by proclamat ion published in the Gazette to be a dangerous substance for the purposes of this P a r t .

71B.

71B. (1) No pe r son other t h a n a person licensed in tha t behalf by the Board shall use any dangerous substance for the purpose of fumigat ing any build­ ing, vessel or other enclosed space and any such fumigation shall be car r ied out under the pe r sona l supervis ion of a person so licensed.

Any person so licensed shall, when so us ing any

dangerous substance, observe and comply with t h e

prescr ibed conditions.

(2) Any person who uses any dangerous substance in contravent ion of any of the provis ions of this section shall be guil ty of an offence aga ins t th i s Act and shall be liable to a penal ty not exceeding

twen ty	pounds .
71c. (1) The Governor may, on the recommenda­ t ion of the Board , make regula t ions with	respect
t o —

(a) the g ran t ing of licenses under this P a r t ;

(b)	the conditions to be observed and complied wi th by persons us ing any dangerous sub­ stance for the purpose of fumigat ing any building, vessel or other enclosed space ;
(c)	the conditions to be observed and complied with by persons us ing any dangerous sub­ stance in any t r ade process .

(2) The power to make regula t ions in rela­ tion to the m a t t e r s re fe r red to in p a r a g r a p h (c) of subsection one of this section shall not extend t o author ise the making of regulat ions with relat ion t o

any m a t t e r which is regula ted by the Fac tor ies a n d

Shops Act, 1912-1943, or the Explosives Act, 1905, a s amended by subsequent Acts, or by any orders o r regula t ions made under ei ther of those Acts .

10. The P r inc ipa l Act is fu r ther amended—

(a) (i) by inser t ing in subsection one of section

seventy-two af ter the word " B o a r d " t he

words " a n d when directed by the	B o a r d
s h a l l " ;

(ii) by inser t ing in the same subsection a f t e r

the words " loca l a u t h o r i t y " where las t ly occurr ing the words " w i t h the consent of

the B o a r d " ; (iii)

(iii)   by inserting next after the same subsection the following new subsection:—

(1A) A local authority may, and when directed by the Board shall cause to be posted and kept posted in the neighbour­ hood of any source of water supply to which a notification in force under subsec­ tion one of this section relates, a notice prohibiting the use of such water for drink­ ing or domestic purposes or take steps to prevent animals from having access to the source of water supply.

(iv)   by inserting at the end of the same section the following new subsection:—

(4) Where any water supply has by notification under subsection one of this section been directed to be closed the local authority may and shall if so directed by the Board take all such steps as may be necessary to prevent the further use of water derived from such supply.

(b) by inserting at the end of section seventy-four the following new subsection:—

(2) Any person who causes or allows any solid or liquid matter which is capable of pollut­ ing any water used for drinking or domestic purposes to be deposited in such a manner or in such a situation as to be likely to fall or flow or be carried into such water shall be liable to

a penalty not exceeding five pounds.

If such person when ordered by an officer to remove such solid or liquid matter fails to do so he shall be liable to a penalty not exceeding five pounds for each day during which the order is not complied with.

11 . The Principal Act is further amended—

(a)	by inserting next after section one hundred and two the following new section:—
102A. The Governor on the recommendation of the Board may make regulations prescribing fees to be charged in any case where, under

this

this Act or the regulations the Board or a local

authority—

(a) makes any registration; or
(b) grants or issues any license; or

(c) examines or approves of any plan; or

(d) tests any apparatus including a chemi­ cal closet or other appliance relating to public health.

(b) by inserting next after subsection one of section one hundred and seven the following new subsection

(1A) In any proceedings for the recovery of any penalty imposed by this Act or by any regulations or by-laws made thereunder or in respect of any offence against this Act the infor­ mation or complaint may (unless otherwise expressly provided) be laid or made by the Board or a local authority or by an officer authorised in that behalf by the Board or a local authority in any particular case.

(c) (i) by omitting from section one hundred and eight the words "instituted by or under the direction of the Board or a local authority, or by a Government medical officer, officer of health, or by any inspector or other officer of the Board, or of a local authority, or by any member of the police force";

(ii)	by omitting from paragraph (b) of the same	section the words "medical officer of health,	sanitary inspector, officer, analyst," and by
inserting in lieu thereof the words "officer
or analyst" ;
(iii)	by omitting paragraph (c) of the same section;
(iv)	by inserting at the end of the same section the following words and new subsection:—
Production of a document purporting to be signed by the President of the Board or by the mayor or president of the munici­ pality or shire or the member of the police force appointed by the Board under this Act

to

to be the local authority, and to authorise the officer named therein to lay or make the information or complaint shall, without proof of the signature of the person signing the same or that he holds the office or appointment in virtue of which he signs the same, be accepted as sufficient proof of the authority of such officer.

(2) In any legal proceeding or prosecu­ tion under the provisions of this Act proof shall not, until evidence is given to the con­ trary, be required of—

(a)	the incorporation of any local auth­ ority being a municipal or shire council;
(b)	the persons constituting or the extent of the jurisdiction of the local authority;
(c)	the fact that any particular place is within the district controlled by the local authority;
(d)	the fact that the defendant is or at any relevant time was the owner or occupier of any premises in question.

12. The Principal Act is further amended by omit­ ting from the Schedule thereto the heading "Schedule" and by inserting in lieu thereof the heading " F i r s t Schedule".

13. (1) The Public Health (Amendment) Act, 1915, is amended—

(a) by omitting section two;

(b) (i) by inserting at the commencement of section

three the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by inserting next after section twenty-six the following new section:—

26A.

(ii)  by inserting in the same section before the word "Schedule" the word "Second" ;

(c)

(c) (i) by inserting at the commencement of section

four the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by insert­ ing next after section 26A, as inserted by section three of this Act, the following new section:—

26B.

(ii)   by inserting in the same section before the word "Schedule" the word "Second" ;

(d) (i) by inserting at the commencement of sec­

tion five the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by insert­ ing next after section 26B, as inserted by section four of this Act, the following new section:—

26c.

(ii)   by inserting in the same section before the word "Schedule" the word "Second" ;

(e) (i) by inserting at the commencement of sec­

tion six the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by inserting next after section 26c, as inserted by section five of this Act, the following new section:—

26D.

(ii) by inserting in the same section before the word "Schedule" the word "Second" ;

(f) (i) by inserting at the commencement of section

seven the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by inserting next after section 26D, as inserted by section six of this Act, the following new section :—

26E.

(ii)   by inserting in the same section after the figures "1912" the words " a s amended by

subsequent A c t s " ;

(iii)   by inserting in the same section before the word "Schedule" the word "Second" ;

(g)

(g) (i) by inserting at the commencement of section

eight the following words:—
The Public Health Act, 1902, as amended by subsequent Acts, is amended by insert­ ing next after section 26E, as inserted by section seven of this Act, the following new section:—

26F.

(ii)   by omitting from the same section the words " A sanitary inspector" and by inserting in lieu thereof the words " A medical officer of health or assistant medical officer of health or an inspector";

(iii)   by inserting in the same section after the figures "1912" the words " a s amended by

subsequent Ac t s " ;

(iv)   by omitting from the same section the words

"privies, urinals, o r " ;

(v)   by inserting in the same section after the word "ordinances" the words "regulations or by-laws";

(vi)   by omitting from the same section the words "such inspector" where firstly occurring and by inserting in lieu thereof the words "such medical officer of health, assistant medical officer of health or inspector";

(vii)   by inserting in the same section after the

word "premises" where thirdly and

fourthly occurring the words "sani tary con­

veniences or appliances";

(viii)  by omitting from the same section the words "such inspector" where lastly occur­ ring and by inserting in lieu thereof the words " a n inspector of the Board" ;

(h) by omitting section nine;

(i) (i) by inserting at the commencement of section

ten the following words:—

The Public Health Act, 1902, as amended
by subsequent Acts, is amended by insert­

ing next after section 32A, as inserted by

paragraph

paragraph (c) of section five of the Public Health (Amendment) Act, 1944, the follow­ ing new section:—

32B.

(ii)   by omitting subsections one and two of the same section;

(iii)   by inserting in subsection three of the same section after the word "hea l th " where secondly occurring the words " o r legally qualified medical practi t ioner";

(iv)   by omitting from the same subsection the word "of" and by inserting in lieu thereof

the word " b y " ;

(v)   by omitting from the same subsection the words " the patient then i s " and by insert­ ing in lieu thereof the words " a n y patient certified as suffering from an infectious disease is residing";

(vi)   by omitting from subsection four of the same section the words "The board shall g ive" ;

(vii)   by inserting at the end of the same subsec­ tion the words "shall be paid out of moneys

provided by Par l iament" ;

(j) by omitting sections eleven and twelve;

(k) (i) by inserting at the commencement of section

thirteen the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by inserting next after section 32B, as inserted by section ten of this Act, the following new section:—

32c.

(ii)   by omitting from the same section the word "pu lmonary" wherever occurring;

(iii)   by inserting in the same section after the word "pack ing" wherever occurring the words " o r handling or delivering";

(1)

(1) (i) by inserting at the commencement of sec­

tion fourteen the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by inserting next after section 32c, as inserted by section thirteen of this Act, the following new section:—

32D.

(ii)   by omitting subsection two of the same section;

(m) (i) by inserting at the commencement of section

fifteen the following words:—
The Public Health Act, 1902, as amended by subsequent Acts, is amended by insert­ ing next after section thirty the following new Division:—

DIVISION 1A.—Infected Areas.

30A.

(ii)   by inserting in subsection one of the same section after the word "d isease" the words " o r of a case of any other infectious disease to which the provisions of this section are extended by the Governor by proclamation published in the Gazette";

(n) (i) by inserting at the commencement of section

twenty the following words:—

The Public Health Act, 1902, as amended

by subsequent Acts, is amended by insert­

ing next after section one hundred and ten	the following new Division:—
DIVISION 7.—The Crown and Government

Departments.

111.

(ii) by omitting from the same section the words " the Public Health Act, 1902, of the Pure Food Act, 1908, and of this A c t " and by inserting in lieu thereof the words " this Act and of the Pure Food Act, 1908";

(iii)   by inserting in the same section before the word "Schedule" wherever occurring the

word "Second" ;

(o)

(o) (i) by omitting sections twenty-one to twenty- five, both inclusive, and the word "Schedule" immediately after the said section twenty- five and by inserting in lieu of the word so omitted the following words:—

26. The Public Health Act, 1902, is amended by inserting next after the Firs t Schedule the following new Schedule:—

SECOND SCHEDULE.

(ii)   by inserting in item 2 of Part 1 of the Schedule after the word " m e a t " the words

"poultry, game" ;

(iii)   by inserting in item 3 of the same Part after the word " regula t ing" the words " the handling of";

(iv)  by inserting at the end of the same item the words "and yards for collecting, truck­ ing and selling cat t le" ;

(v)   by omitting item 5 of the same Part and by inserting in lieu thereof the following item:—

5. The removal, disposal or destruction of night-soil, filth, refuse, trade waste and garbage.

(vi)	by omitting item 6 of the same Part and by inserting in lieu thereof the following item:—

6. The construction and situation of sani­ tary conveniences, the regulation of the number and type of closets and the degree of closet accommodation.

(vii)   by omitting from item 7 of the same Part the words "urinals, closets" and by insert­ ing in lieu thereof the words ' ' sanitary con­ veniences";

(viii)  by omitting from item 9 of the same Part all words after the words "control of" and by inserting in lieu thereof the words "boarding-houses, lodging-houses and com­ mon lodging-houses'';

(ix)

(ix)   by inserting in the same Part next after

item 11 the following new item:—

12. Action to be taken for the purpose of preventing the breeding of mosquitoes or other noxious insects.

(2) The regulations made under the Public Health (Amendment) Act, 1915, as amended by subsequent Acts, and in force at the commencement of this Act shall con­ tinue in force and shall be as valid and effectual for all purposes as if made under the relevant provisions of the Principal Act as amended by this Act.
The regulations so continued in force may be amended or repealed by regulations made under the Principal Act as amended by this Act.

14. (1) The Public Health (Amendment) Act, 1921,

as amended by subsequent Acts, is amended—

(a) by omitting section three;

(b) by inserting at the commencement of section

four the following words:—

The Public Health Act, 1902, as amended by subsequent Acts, is amended by inserting next after section forty-three the following new section:—

43A.

(2) The regulations made under the Public Health
(Amendment) Act, 1921, as amended by subsequent Acts,

and in force at the commencement of this Act shall con­

purposes as if made under section 43A of the Principal	tinue in force and shall be as valid and effectual for all
Act as amended by this Act.
The regulations so continued in force may be amended or repealed by regulations made under the Principal Act as amended by this Act.

15. The Principal Act is further amended—

(a)	by inserting in section one next after the matter
relating to Division 1 of Part I I I the following new matter:—

DIVISION 1A.—Infected Areas—s. 30A.

(b) by omitting from the same section the figures

" 3 3 " and by inserting in lieu thereof the figures

and letter " 3 2 A " ; ( C )

(c) by inserting in the same section at the end of the matter relating to Par t I I I the following new matter:—

DIVISION 5.—Public Welfare—s. 50A.

(d) by inserting in the same section next after the matter relating to Par t VI the following new matter:—

PART VIA.—UNDERTAKERS AND MORTUARIES

—ss. 63A-63C.

(e) by inserting in the same section next after the matter relating to Part VII the following new matter:—-

PART V I I A . — U S E OF HYDROCYANIC ACID

AND OTHER DANGEROUS SUBSTANCES—SS.

71A-71C.

(f) by inserting in the same section at the end of the matter relating to Par t X the following new matter:—

DIVISION 7.—The Crown and Government

Departments—s. 111.