The Health Act Amendment Act 1911 (SA)

GEORGII V REGIS.

A.D. 1911.

No. 1063.

An Act to further amend ' ' The Health Act, 1898," and

for other purposes.

[Assented to, December 2 3 4 rprr.]

14; it Enacted by the Governor of the State of South Australia!

follows: B with the advice and consent of the Parliament thereof, as

1. ( I ) This Act may be cited alone as " The Health Act Amend- Short titlecl.

ment Act, 1911."

(2) 'L The Health Act, 1898 " (hereinafter called " the principal 'l1 1898-

Act "), c' The Health 4ct Amendment Act, 1909," and this Act NO. 991 of 1909. may be cited together as " The Health Acts, 1898 to 1911."

section l, and those i%cts and this Act shall be read as one Act.	2. This Act is incorporated with the other Acts inentiolled in i:""
3. 111 this Act, and in all proceedings under this Act, except Interpretation.

where some other meaning is clcarlp intended-

Animal " includes malnmal, fish, fowl, crnstacean, mollusc, and

any animal used as food:

Drug " includes any substance used for or in the compositioil or prepai.ation of medicine, whether for internal or external use, and also any preservative, all tiseptic, disinfectant, deocloran t, narcotic, or cosmetic:

Food " includes any article used for food or drink by man, other

than d r q s or water, and any article which ordinarily enters

into or is used in the composition or preparation of human

1063 food,

2" GEORGII V, No. 1063.

The Health Act .4mendment A c t. 1 9 1 1.

food, and also flavoring matters, condiments, and con*

fectionery:

No. 968 of 1SO8. b b Metropolitan County District " means the metropolitan area as

defined by section 5 of "The Food and Drugs *4ct, 1908," including all districts heretofore or hereafter declared by pro- clamation under that Act to be within such metropolitan area.

Metropolihn County 4, The Metropolitan Countj. District is hereby created a County

Dietric t.

District under the principal Act, nnder the name of " The ,Metro-

politan County District."

M e b p o l i b County	5. (1) The County Board	constituted under " The Food and
Board.

Drugs Act, 1908," for the metropolitan area under that Act is hereby constituted a County Board under the principal Act, and shall be the County Board for the County District hereby created; and, notwithstanding anything in the principal ,4ct, the members of the first-mentioned County Board shall, by virtue of their offices as such members, be the members of the County Board hereby constituted.

(2) Section 16 of " The Food ancl Drugs Act, 1908," shall apply

to ancl in respect of the said County Boards to the same extent as if the County Board hereby constituted were constituted by Procla- mation under the principal Act.

-Certain funotione of

Locsl Boards vested 6. (1) Notwithstanding anything to the contrary in the principal

in the Metropolitan Act contained, all the powers, duties, arid liabilities vested in or im-

C O U U ~ ~ B M ~. posed on the several Local Boards in the Mctrol)olitan County District by the principal Act, with reference to the following matters, namely :-

( a ) -4ny land or premises or any public place whereoil or

wherein-

I. Any animal is sold or slaughtered, or is ofFered or ex- posed for sale or slaughter, or is being prepared or stored or kept for sale or slaughter, for human consumption,

11. Any article of food or clrug is sold or offered or exposed

tor sale, or is deposited, stored, or delivered for the purpose of sale or of preparation for sale, for human consumption,

111. Any animal which, or the produce of which, is nsctl or

is capable of being used as an article of food for human consumption, is fed, housed, or kept, whether

ten~porarily or otherwise, or

rv. Any person is engaged in the production of an article of food or drug to be sold or offered or exposed for sale, or to be deposited, stored, or delivered for the purpose of sale or of preparation for sale, for human consumption:

(b) Any

z0 GEORGII + V, No. 1063.

( b ) Any person who is engaged in the production of any article

of food or clrug to be sold or offered, exposed, stored,

carried, or delivered for sale for human consumption;

( c ) Any premises, animal, velricle, receptacle, or other article or

thing used in the production 'of any article of food or drug

for sale for human consumption; and

(d) Any act, matter, or thing which will provide or tend to

provide n pPoper or better seclirity for the sale of food and

drugs in a pure and genuine condition;

shall from the passing of this Act cease to be vested in or imposacl on such Local Boards or any of them, and shall be solely vested in and imposed upon the County Board hereby constituted.

(2) All powers, duties, and liabilities vested in or imposed on the said Local Boards with reference to any matters not mentioned in subsection (1) of this section, shall continue to be vested in and imposed on the said Local Boards,

7. In all proceedings under this Act it shall, until the contrary Rssumptive evidenm

is proved, be presumed that the animal or article of food or drug *

ce*aln-R*

the subject matter of, or referred to in such. proceedings, was intended to be sold or to be offered, exposed, deposited, stored, delivered, or pnyared for sale, as the' case may require, for human consumption, and that the person engaged in or the animal used in the production of any such article of food or drug was engaged in or used in, as the case may require, the production of an article of food or drug in tended for sale for human consumption.

8. An inspector appointed onder " The Food and L h g s Act, POwere i n ~ ~ e ~ t ~ r a -

1908," shall have all the powers, authorities and duties of an in- spector appointed under the principal Act, so far a s such powers relate to the matters mentioned in subsection (1) of section 6 of

this Act, 01. any of them.

9, Notwithstanding any pro~ision to the contrary in the p i n - Limit of liability of Local Boards .under

cipal Act contained, no Local Board within the Metropolitan County this Part.

District shall be required by the County 13oard hereby constituted

to contribute any sum to such County Board' for enabling such	I
County Board to carry out or perform the powers, duties, and liabilities vested in or imposed upon such County Board by this Act, otherwise or to a greater extent than such Local .Board is required

t o contribute to such County Hoard under the provisions of	The NO. 968 of 1905.
Food and Drugs Act, 1908."

In the name .and on behalf of His Majesty, I hereby assent to

this Bill.

DA4Y H. BOSANQU El', Governor.

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Adelaide: By authority, R. E. E. ROOERB, Oovirnmant Printer, North Terrace.