Silicosis And Tuberculosis (Mine-Workers And Prospectors) Act (NT)

NORTHERN TERRITORY OF AUSTRALIA

Silicosis and Tuberculosis (Mine-workers and Prospectors) ACT

As in force at 10 December 1997

TABLE OF PROVISIONS

Section

1.        Short title
2.        Commencement
3.        Definitions
4.        Medical examinations
5.        Content of medical certificate
6.        Medical certificate to whom furnished
7.        Restrictions on employment in areas of silicosis risk
8.Persons suffering from tuberculosis not to be employed as mine-workers

9.        Self-employed mine-workers and prospectors
10.      Permits for prospecting by persons suffering from tuberculosis
11.      Delegation
                  11A.    Regulatory offences
12.      Regulations

Notes
Table of Amendments

Silicosis and Tuberculosis (Mine-workers and Prospectors) Act

northern territory of australia

____________________

This reprint shows the Act as in force at 10 December 1997. Any amendments that may come into operation after that date are not included.

____________________

Silicosis and Tuberculosis (Mine-workers and Prospectors) act

An Act relating to Silicosis and Tuberculosis in persons employed or occupied as mine-workers or prospectors

Short title
This Act may be cited as the Silicosis and Tuberculosis (Mine-workers and Prospectors) Act. (See back note 1)
Commencement
(1) Sections 1 to 6 (inclusive), 9(1), 11 and 12 shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
(2) Sections 7, 8, 9(2) and 10 shall come into operation 6 months after that date.
Definitions
In this Act, unless the contrary intention appears –
"area of silicosis risk" means an area declared under the Mine Management Act to be an area of silicosis risk;
"Chief Health Officer" means the Chief Health Officer appointed under the Public Health Act;
"earth" means any rock, stone, quartz, clay, sand, soil, conglomerate, gravel or mineral;
"medical certificate" means a medical certificate furnished under section 6;
"medical officer" means a person who is registered as a medical practitioner under the Medical Act;
"mine-worker" means a person employed or occupied –
(a) in, on or about –
(i)a mine or quarry in work relating to the operation of the mine or quarry; or
(ii)a treatment plant for treating earth from a mine or quarry, in work relating to the operation of the treatment plant; or
(b)in driving a vehicle in which earth from a mine or quarry is transported;
"prospector" means a person who searches or examines the surface of any land for mineral deposits or precious stones.
Medical examinations
(1)      The Chief Health Officer shall provide facilities for the medical examination of mine-workers and prospectors to ascertain whether or not they are suffering from silicosis or tuberculosis and, if they are not suffering from tuberculosis, whether or not they have previously suffered from tuberculosis.
(2)      The facilities shall be appropriate to the conditions under which persons are employed or occupied as mine-workers or prospectors in the Territory and shall include facilities for the radiological and clinical examination of persons –
(a)prior to their being employed or occupied as mine-workers or prospectors;
(b)at such intervals of time while they are employed or occupied as mine-workers or prospectors as the Chief Health Officer determines; and
(c)after they cease to be employed or occupied as mine-workers or prospectors.
(3)      There shall be no charge for a medical examination under this Act or for a certificate or copy furnished under section 6.
Content of medical certificate
A medical certificate issued under this Act shall state –
(a)whether or not the person to whom it relates was suffering from silicosis, without tuberculosis, at the time of the medical examination to which it relates; and
(b)whether or not he was then suffering, and if he was not then suffering, whether or not he had previously suffered, from tuberculosis with silicosis or tuberculosis without silicosis.
Medical certificate to whom furnished
(1)      When a person has undergone a medical exam-ination the Chief Health Officer shall furnish him with a medical certificate.
(2)      The Chief Health Officer shall furnish a copy of such a medical certificate to an approved person if the mine-worker or prospector to whom it relates consents to his doing so.
(3)      In subsection (2), "approved person" means a person who –
(a)employs the mine-worker or prospector as a mine-worker or prospector or is giving consideration to employing him as a mine-worker or prospector; and
(b)makes written application for a copy of the medical certificate.
Restrictions on employment in areas of silicosis risk
(1) A person is not qualified to be employed as a mine-worker or prospector at any time in an area of silicosis risk unless –
(a)he has undergone a medical examination within the time prescribed by this Act or as determined by the Chief Health Officer; and
(b)a medical certificate furnished in relation to the last medical examination that he has undergone states that, at the time of the examination –
(i)he was not suffering from silicosis without tuberculosis; and
(ii)he was not suffering, and had not previously suffered, from tuberculosis with silicosis or tuberculosis without silicosis.
(2) A person shall not employ as a mine-worker or prospector in an area of silicosis risk a person who is not qualified to be employed as a mine-worker or prospector in that area.
Penalty:$1,000 and in addition $20 for each day during which the offence continues.
Persons suffering from tuberculosis not to be employed as mine-workers
(1) A person is not qualified to be employed as a mine-worker or prospector –
(a)if he has never undergone a medical examination of a kind referred to in section 4; or
(b)in the case of a person who has undergone such an examination – at any time after the expiration of 28 days from the date on which he underwent such a medical examination, unless the medical certificate furnished in relation to that examination states that, at the time of the examination, he was not suffering, and had not previously suffered, from tuberculosis with silicosis or tuberculosis without silicosis.
(2) A person shall not employ as a mine-worker or prospector a person who is not qualified to be employed as a mine-worker or prospector.
Penalty:$1,000 and in addition $20 for each day during which the offence continues.
Self-employed mine-workers and prospectors
(1)      A person who is occupied as a self-employed mine-worker or a self-employed prospector shall submit himself for medical examination under this Act before the commencement of subsection (2) and thereafter at intervals of not more than 3 years.
Penalty:         $200.
(2)      Subject to section 10, a person shall not be occupied as a self-employed mine-worker or self-employed prospector at any time unless –
(a)he has undergone a medical examination within the last 3 years; and
(b)a medical certificate furnished in relation to the last medical examination that he has undergone states that at the time of the examination he was not suffering, and had not previously suffered from tuberculosis with silicosis or tuberculosis without silicosis.
Penalty:$100 and in addition $2 for each day during which the offence continues.
Permits for prospecting by persons suffering from tuberculosis
(1)      A person may make application in writing to the Chief Health Officer for a certificate recommending that he be permitted to be occupied as a self-employed prospector, notwithstanding that a medical certificate furnished in relation to the last medical examination that he has undergone states that at the time of the examination he was suffering, or had previously suffered, from tuberculosis with silicosis or tuberculosis without silicosis.
(2)      The Chief Health Officer shall not grant such a certificate if the date of the application is more than 12 months after the date of the last medical examination that the applicant has undergone.
(3)      Subject to subsection (2), the Chief Health Officer may grant the certificate applied for if he is satisfied that if the applicant were occupied as a self-employed prospector there would not be a substantial risk that the health of the applicant would be thereby endangered or that any other person would thereby be infected with tuberculosis.
(4)      A person to whom such a certificate relates may make application for a permit to be occupied as a self-employed prospector.
(5)      Such an application shall be in writing addressed to the Minister and shall be accompanied by the certificate of recommendation.
(6)      The Minister may, if he thinks fit, grant to the person making the application a permit to be occupied as a self-employed prospector.
(7)      Such a permit shall be subject to the condition that the person shall not work in proximity to any other prospector or mine-worker and to any other conditions determined by the Minister and set out in the permit.
(8)      Where such a permit has been granted and is in force a person does not commit an offence against section 10, by reason only of the fact that he is occupied as a self-employed prospector at a time when a medical certificate furnished in relation to the last medical examination that he has undergone states that at the time of the examination he was suffering, or had previously suffered, from tuberculosis with silicosis or tuberculosis without silicosis, provided he complies with the conditions to which the permit is subject.
Delegation
(1)      Except as provided in subsection (3), the Chief Health Officer may, by instrument in writing, delegate to a medical officer all or any of his powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.
(2)      Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Chief Health Officer.
(3)      The Chief Health Officer shall not delegate the duties imposed on him under section 4.

11A.Regulatory offences
An offence of contravening or failing to comply with section 7, 8 or 9 is a regulatory offence.

Regulations
The Administrator may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

____________________________

Notes

The Silicosis and Tuberculosis (Mine-workers and Prospectors) Ordinance comprises the Silicosis and Tuberculosis (Mine-workers and Prospectors) Ordinance 1966 as amended by the other Ordinances and Acts specified in the following table:

Ordinance, Act	Number and year	Date of assent by Administrator	Date of commencement
Silicosis and Tuberculosis (Mine-workers and Prospectors) Ordinance 1966	No. 20, 1966	17 June 1966	Ss 1-6 (inclusive), 9(1), 11 and 12: 14 Dec 1966; Remainder: 14 June 1967
Date of notification of Governor-General's assent in N.T. Govt Gazette
Silicosis and Tuberculosis (Mine-workers and Prospectors) Ordinance 1972	No. 44, 1972	3 Aug 1972	3 Aug 1972
Date of assent by Administrator
Ordinances Revision Ordinance 1973 as amended (a)	No. 87, 1973 No. 34, 1974 No. 69, 1974 No. 27, 1976	11 Dec 1973 26 Aug 1974 24 Oct 1974 28 June 1976	11 Dec 1973, but see s. 12(2) 11 Dec 1973, but see s. 3(2) 11 Dec 1973, but see s. 3 Ss 1, 2 and 6: 28 June 1976, but see s. 6(2) Ss 3 and 4: 11 Dec 1973 s. 5: 24 Oct 1974

Statute Law Revision Act 1978	No. 95, 1978	5 Sept 1978	5 Sept 1978
Transfer of Powers (Health) Act 1978	No. 122, 1978	21 Dec 1978	1 Jan 1979, but see s. 3
Criminal Law (Regulatory Offences) Act 1983	No. 68, 1983	28 Nov 1983	1 Jan 1984
Silicosis and Tuberculosis (Mine-workers and Prospectors) Amendment Act 1986	No. 67, 1986	19 Dec 1986	16 Mar 1987
Statute Law Revision Act 1993	No. 6, 1993	18 Mar 1993	18 Mar 1993
Medical (Consequential Amendments) Act 1995	No. 8, 1995	10 Apr 1995	1 June 1995
Statute Law Revision Act 1997	No. 17, 1997	11 April 1997	s. 16: 10 Dec 1997 Remainder: 1 May 1997 (a) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 2, 3, 4, 6, 7, 8, 10 and 11.

____________________________

Table of Amendments

Section

Long Title Amended by No. 67, 1986, s. 9

Amended by No. 67, 1986, s. 9
Amended by No. 67, 1986, s. 9
Amended by No. 122, 1978, s. 83; No. 67, 1986, ss 4 and 9; No. 6, 1993, s. 8; No. 8, 1995, s. 4; No. 17, 1997, s. 17
Amended by No. 122, 1978, s. 84; No. 67, 1986, s. 5; No. 17, 1997, s. 17
Amended by No. 67, 1986, s. 9
Amended by No. 122, 1978, s. 84; No. 17, 1997, s. 17
Amended by No. 67, 1986, s. 6; No. 17, 1997, s. 17
Amended by No. 44, 1972, s. 2; No. 67, 1986, ss. 7 and 9
Amended by No. 67, 1986, ss 8 and 9
Amended by No. 122, 1978, ss. 84 and 85; No. 67, 1986, s. 9; No. 17, 1997, s. 17
Amended by No. 122, 1978, s. 84; No. 67, 1986, s. 9; No. 17, 1997, s. 17

11A. Inserted by No. 68, 1983, s. 29

Amended by No. 95, 1978, s. 14; No. 67, 1986, s. 9

____________________________
__________________