Transfer Of Powers (Health) Act (NT)
THE NORTHERN TERRITORY OF AUSTRALIA
REPT031
TRANSFER OF POWERS (HEALTH) ACT
TABLE OF PARTS
PART I- PRELIMINARY (sections 1-3)
PART II- AMENDMENTS OF DAIRIES SUPERVISION ACT
(sections 4-7)
PART III- AMENDMENTS OF DANGEROUS DRUGS ACT
(sections 8-11)
PART IV- AMENDMENTS OF DENTISTS REGISTRATION ACT
(sections 12-16)
PART V- AMENDMENTS OF ENDEMIC DISEASES ACT
(sections 17-24)
PART VI- AMENDMENTS OF FOOD AND DRUGS ACT
(sections 25-29)
PART VII- AMENDMENTS OF HOSPITAL ADVISORY BOARDS ACT (sections 30-38)
PART VIII- AMENDMENTS OF HOSPITALS AND MEDICAL SERVICES ACT (sections 39-47)
PART IX- AMENDMENTS OF LEPROSY ACT
(sections 48-50)
PART X - AMENDMENTS OF LITTER ACT
(sections 51-52)
PART XI- AMENDMENT OF LOCAL GOVERNMENT ACT
(sections 53-54)
PART XII- AMENDMENT OF MEDICAL PRACTITIONERS
REGISTRATION ACT (sections 55-58)
PART XIII- AMENDMENTS OF NURSING ACT
(sections 59-62)
PART XIV- AMENDMENTS OF OPTOMETRISTS ACT
(sections 63-66)
PART XV - AMENDMENTS OF PHARMACY ACT
(sections 67-71)
PART XVI- AMENDMENTS OF PUBLIC HEALTH ACT
(sections 72-75)
PART XVII- AMENDMENTS OF RADIATION (SAFETY CONTROL)
ACT (sections 76-81)
PART XVIII - AMENDMENTS OF SILICOSIS AN TUBERCULOSIS
(MINE-WORKERS AND PROSPECTORS) ACT
(sections 82-85)
PART XIX- AMENDMENTS OF TRADING IN BLOOD (PROHIBITION)
(sections 86-87)
PART XX- AMENDMENTS OF TUBERCULOSIS ACT
(sections 88-95)
PART XXI - AMENDMENTS OF VENEREAL DISEASES ACT
(sections 96-102)
Transfer of Powers (Health)
An Act relating to the Transfer to the Northern
Territory of certain Executive Powers with
respect to Health
PART I - PRELIMINARY
1. This Act may be cited as the Transfer of Powers (Health) Act 1978.
2. This Act shall come into operation on 1 January 1979.
3.(1) An appointment duly made, or other action duly taken or done, before the commencement of this Act under or for the purposes of a provision of an Act amended by this Act, and having effect immediately before the commencement of this Act is as valid and effectual as if duly made, taken or done under or for the purposes of that provision as amended by this Act, but any action that may be taken or done in respect of an appointment or action made, taken or done under or for the purposes of that provision as amended by this Act may be taken or done in respect of that first-mentioned appointment or action.
(2) Subject to sub-sections (3) and (4), the amendments made by this Act do not affect any right, privilege, obligation or liability acquired, accrued or incurred under an Act amended by this Act, or any investigation, legal proceeding, claim, cause or action or remedy in respect of any such right, privilege, obligation or liability, and any such investigation, legal proceeding, claim, cause of action or remedy may be availed of, pursued, instituted, continued or enforced as if this Act had not come into operation.
(3) Where, immediately before the commencement of this Act, an amount of money was due, whether or not it was payable, to or by the Commonwealth or a person or body under or by reason of an Act amended by this Act, that amount of money remains due to or by the Commonwealth or that person or body, as the case may be, until it is paid, as though this Act had not come into operation.
(4) Any action that may be taken or done in respect of a right, privilege, obligation or liability acquired, accrued or incurred under a provision of an Act as amended by this Act may be taken or done in respect of a right, privilege, obligation or liability acquired, accrued or incurred under that provision before this Act came into operation.
PART II - AMENDMENTS OF DAIRIES
SUPERVISION ACT
4. The Dairies Supervision Act is in this Part referred to as the Principal Act.
5. Section 4(1) of the Principal Act is amended -
(a)by inserting after the definition of "Cattle" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definitions of "The Chief Medical Officer" and "Tuberculin".
6. Sections 13(4), (5), 14, 16 and 34(1) of the Principal Act are amended by omitting "Administrator" (wherever occurring) and substituting "Minister".
7. Section 46 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART III - AMENDMENTS OF DANGEROUS
DRUGS ACT
8. The Dangerous Drugs Act is in this Part referred to as the Principal Act.
9. Section 3 of the Principal Act is amended -
(a)by omitting from sub-section (2) "Administrator in Council" (second occurring) and substituting "Minister"; and
(b)by omitting from sub-section (3) "Administrator in Council" and substituting "Minister".
10. Section 4(1) of the Principal Act is amended -
(a)by inserting before the definition of "coca leaf" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting from paragraph (c) of the defini-tion of "dangerous drugs" the words "Admin-istrator in Council" and substituting "Minis-ter".
11. Section 35 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART IV - AMENDMENTS OF DENTISTS
REGISTRATION ACT
12. The Dentists Registration Act is in this Part referred to as the Principal Act.
13. Section 5 of the Principal Act is amended -
(a)by inserting after the definition of "Board" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(b)by omitting from the definition of "dentistry" the word "Commonwealth" and substituting "Territory"; and
(c)by omitting the definition of "the Chief Medical Officer".
14. Section 8(1) and (3) of the Principal Act is amended by omitting "Commonwealth Department of Health" and substituting "Territory".
15. Sections 20(1)(e) and 23 of the Principal Act are amended by omitting "Commonwealth" and substituting "Territory".
16. Section 43 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART V - AMENDMENTS OF ENDEMIC
DISEASES ACT
17. The Endemic Diseases Act is in this Part referred to as the Principal Act.
18. Section 3 of the Principal Act is amended -
(a)by inserting after the definition of "Carrier" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(b)by omitting from the definition of "Endemic disease" the word "Administrator" and sub-stituting "Minister";
(c)by omitting the definition of "Health Officer" and substituting the following definition:
"'Health Officer' means a person appointed under the Public Health Act to be a Health Officer;"; and
(d)by omitting the definition of "The Chief Health Officer".
19. Section 3A of the Principal Act is amended -
(a)by omitting "Administrator" and substituting "Minister"; and
(b)by omitting "Chief Health Officer" and substituting "Chief Medical Officer".
20. Section 4 of the Principal Act is amended by omitting "Chief Health Officer or any other Health Officer" and substituting "Chief Medical Officer or a Health Officer".
22. Sections 6 and 7 of the Principal Act are amended by omitting "Chief Health Officer or other Health Officer" and substituting "Chief Medical Officer or a Health Officer".
23. Section 8 of the Principal Act is amended by omitting "Director-General of Health" and substituting "Chief Medical Officer".
24. Section 9 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART VI - AMENDMENTS OF FOOD AND
DRUGS ACT
25. The Food and Drugs Act is in this Part referred to as the Principal Act.
26. Section 5 of the Principal Act is amended -
(a)by omitting from the definition of "Authorized" the word "Administrator" and substituting "Minister";
(b)by inserting after the definition of "Author-ized" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(c)by omitting from the definition of "Owner" the words "premises owned by the Commonwealth Government or any authority of the Common-wealth" and substituting "premises owned by the Terri-tory or the Commonwealth or any authority of the Territory or the Commonwealth"; and
(d)by omitting the definition of "The Chief Medi-cal Officer".
27. Sections 7(1), (2), 9, 12(a), 14(3)(c), 15(1) and 18(1) of the Principal Act are amended by omitting "Administrator in Council" (wherever occurring) and substituting "Minister".
28. Sections 19(1), (2), 21(6), (7) and 86(n) of the Principal Act are amended by omitting "Adminis-trator" (wherever occurring) and substituting "Minister".
29. Section 111 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART VII - AMENDMENTS OF HOSPITAL
ADVISORY BOARDS ACT
30. The Hospital Advisory Boards Act is in this Part referred to as the Principal Act.
31. Section 4 of the Principal Act is amended -
(a)by inserting after the definition of "board" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definitions of "the Director of Health" and "the Minister".
32. Sections 5, 6, 7(1) and (2) of the Principal Act are amended by omitting "Administrator in Council" (wherever occurring) and substituting "Minister".
33. Sections 8(1), (7), (10), 9(1), 10, 11(1)(d), 12(1) and (2) of the Principal Act are amended by omitting "Administrator" (wherever occurring) and substituting "Minister".
34. Section 13(1)(b) of the Principal Act is amended by omitting "Director of Health and to the Director-General of Health" and substituting "Chief Medical Officer".
35. Section 14(b) of the Principal Act is amended by omitting "furnish to the Director of Health and to the Administrator" and substituting "furnish to the Chief Medical Officer".
36. Section 16 of the Principal Act is amended by omitting "The Minister or Administrator, or any person authorized by either of them in writing to do so," and substituting "The Minister or a person authorized in writing by the Minister".
37. Section 17 of the Principal Act is amended -
(a)by omitting from sub-section (1) "The Minister or Administrator, or a person authorized by either of them in writing to do so," and sub-stituting "The Minister or a person authorized in writing by the Minister"; and
(b)by omitting from sub-section (2) "Director of Health" and substituting "Chief Medical Officer".
38. Section 18 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART VIII - AMENDMENTS OF HOSPITALS AND
MEDICAL SERVICES ACT
39. The Hospitals and Medical Services Act is in this Part referred to as the Principal Act.
40. Section 4 of the Principal Act is amended -
(a)by inserting after the definition of "charge" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(b)by omitting from the definition of "salaried medical practitioner" the word "Commonwealth" (twice occurring) and substituting "Territory"; and
(c)by omitting the definitions of "the Chief Medi-cal Officer", "the Director-General" and "the Minister".
41. Sections 5A(1), (3), (4), 7(2), (3), 10(1), 11(1) and (2)(b) of the Principal Act are amended by omitting "Director-General" (wherever occurring) and substituting "Chief Medical Officer".
42. Section 5A of the Principal Act is amended -
(a)by omitting from sub-section (3) "after report by the Chief Medical Officer or another medical practitioner employed by the Commonwealth" and substituting "after report by a salaried medical practitioner"; and
(b)by omitting sub-section (6).
43. Sections 5A(3), (4), (5), (7), 6A(4), 7(1), 9(1), (2), (3), 10(2), 11(3), 17, 18 and 19(e) of the Principal Act are amended by omitting "Commonwealth" (wherever occurring) and substituting "Territory".
44. Sections 10(2) and 11(3) of the Principal Act are amended by omitting "Administrator" and sub-stituting "Minister".
45. Sections 13 and 15 of the Principal Act are amended by omitting "Director-General" and substituting "Minister".
46. Section 14 of the Principal Act is amended -
(a)by omitting from sub-section (1) "The Direc-tor-General and the Chief Medical Officer" and substituting "The Chief Medical Officer";
(b)by omitting from sub-section (1) "all or any of his respective powers" and substituting "all or any of his powers"; and
(c)by omitting from sub-section (2) "the Direc-tor-General or the Chief Medical Officer, as the case may be" and substituting "the Chief Medical Officer".
47. Section 19 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART IX - AMENDMENTS OF LEPROSY ACT
48. The Leprosy Act is in this Part referred to as the Principal Act.
49. Section 4 of the Principal Act is amended -
(a)by inserting before the definition of "examine" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definitions of "Minister" and "the Chief Medical Officer".
50. Section 38 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART X - AMENDMENTS OF LITTER ACT
51. The Litter Act is in this Part referred to as the Principal Act.
52. Section 3 of the Principal Act is amended -
(a)by inserting after the definition of "boat" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definition of "the Chief Medical Officer".
PART XI - AMENDMENT OF LOCAL
GOVERNMENT ACT
53. The Local Government Act is in this Part referred to as the Principal Act.
54. Section 5 of the Principal Act is amended by omitting the definition of "Chief Medical Officer" and substituting the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;".
PART XII - AMENDMENTS OF MEDICAL
PRACTITIONERS REGISTRATION ACT
55. The Medical Practitioners Registration Act is in this Part referred to as the Principal Act.
56. Section 5 of the Principal Act is amended -
(a)by inserting after the definition of "Board" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definition of "The Director of Health".
57. Section 7(1) and (3) of the Principal Act is amended by omitting "Director of Health" and sub-stituting "Chief Medical Officer".
58. Section 43 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART XIII - AMENDMENTS OF NURSING ACT
59. The Nursing Act is in this Part referred to as the Principal Act.
60. Section 4(1) of the Principal Act is amended -
(a)by inserting after the definition of "Chairman" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(b)by omitting the definition of "Director of Health"; and
(c)by omitting the definition of "Medical Super-intendent" and substituting the following definition:
"'Medical Superintendent' means the Medical Super-intendent of the Darwin Hospital appointed under the Public Service Act;".
61. Sections 5(a), 6(1) and 21(3) of the Principal Act are amended by omitting "Director of Health" (wherever occurring) and substituting "Chief Medical Officer".
62. Section 35 of the Principal Act is amended by omitting "Minister of State for Health" and substituting "Administrator".
PART XIV - AMENDMENTS OF OPTOMETRISTS ACT
63. The Optometrists Act is in this Part referred to as the Principal Act.
64. Section 4(1) of the Principal Act is amended -
(a)by inserting before the definition of "medical practitioner" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(b)by omitting from the definition of "medical practitioner" the word "Territory" and substi-tuting "Territory that forms part of the Com-monwealth"; and
(c)by omitting the definitions of "Territory" and "the Chief Medical Officer".
65. Section 43(2) of the Principal Act is amended by omitting "Commonwealth" and substituting "Terri-tory".
66. Section 49 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART XV - AMENDMENTS OF PHARMACY ACT
67. The Pharmacy Act is in this Act referred to as the Principal Act.
68. Section 5 of the Principal Act is amended -
(a)by inserting before the definition of "Member" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definition of "the Director of Health".
69. Sections 7(1), (3) and 43(5) of the Principal Act are amended by omitting "Director of Health" (wherever occurring) and substituting "Chief Medical Officer".
70. Section 8(2) of the Principal Act is amended by omitting "not being an officer or employee of the Public Service of the Commonwealth" and substituting "not being an employee within the meaning of the Public Service Act".
71. Section 48 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART XVI - AMENDMENTS OF PUBLIC
HEALTH ACT
72. The Public Health Act is in this Part referred to as the Principal Act.
73. Section 4 of the Principal Act is amended -
(a)by omitting from the definition of "authorized" the words "the Minister, the Director-General or the Chief Medical Officer" and substituting "the Minister or the Chief Medical Officer";
(b)by inserting after the definition of "author-ized" the following definition:
"'Chief Medical Officer' means the person appointed under section 5 to be the Chief Medical Officer;"; and
(c)by omitting the definitions of "Director- General", "Minister" and "the Chief Medical Officer".
74. Section 5 of the Principal Act is repealed and the following section substituted:
"5.(1) The Minister shall appoint a person -
(a)who is an employee within the meaning of the Public Service Act; and
(b)who is registered, or entitled to be regis-tered, as a medical practitioner under the provisions of the Medical Practitioners Registration Act,
to be the Chief Medical Officer.
"(2) The Chief Medical Officer shall, subject to any directions of the Minister, be responsible for the administration of this Act.".
75. Section 6 of the Principal Act is amended by omitting sub-sections (3) and (4).
PART XVII - AMENDMENTS OF RADIATION
(SAFETY CONTROL) ACT
76. The Radiation (Safety Control) Act is in this Part referred to as the Principal Act.
77. Section 3(1) of the Principal Act is amended -
(a)by inserting after the definition of "beta principle" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definitions of "Director" and "Minister".
78. Sections 5(3), 6, 7(1), (2), 8(1), (4), 11(2), 12(1), (2), (3), 15(1), 16(1), 17(g), 19, 20, 22, 24(1), 25(1), 26, 27, 30(1), (2), 31(1), 32, 33(1), (2), (3), 34(1), 35(1), 37(3), 40, 45(d), 47(2), 48(2), (3), 50, 51, 52(1), 53(1), (2), (3) and 55 of the Principal Act are amended by omitting "Director" (wherever occurring) and substituting "Chief Medical Officer".
79. Section 49 of the Principal Act is amended by omitting "Director of Health" and substituting "Chief Medical Officer".
80. Section 51 of the Principal Act is amended by omitting "unless with the Director's authority" and substituting "unless with the Chief Medical Officer's authority".
81. Section 56 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART XVIII - AMENDMENTS OF SILICOSIS AND
TUBERCULOSIS (MINE-WORKERS AND
PROSPECTORS) ACT
82. The Silicosis and Tuberculosis (Mine-workers and Prospectors) Act is in this Part referred to as the Principal Act.
83. Section 3 of the Principal Act is amended -
(a)by inserting after the definition of "area of silicosis risk" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;";
(b)by omitting the definition of "medical officer" and substituting the following definition:
"'medical officer' means a person who -
(a)is registered as a medical practitioner under the provisions of the Medical Practitioners Registration Act;
(b)is an employee within the meaning of the Public Service Act; and
(c)is engaged in medical duties as such an employee;"; and
(c)by omitting the definition of "the Director of Health".
84. Sections 4(1), 6(1), (2), 10(1), (2), (3), 11(1), (2) and (3) of the Principal Act are amended by omitting "Director of Health" (wherever occurring) and substituting "Chief Medical Officer".
85. Section 10 of the Principal Act is amended -
(a)by omitting from sub-section (5) "Adminis-trator" and substituting "Minister"; and
(b)by omitting from sub-sections (6) and (7) "Administrator in Council" and substituting "Minister".
PART XIX - AMENDMENTS OF TRADING IN
BLOOD (PROHIBITION) ACT
86. The Trading in Blood (Prohibition) Act is in this Part referred to as the Principal Act.
87. Sections 3(2) and 4 of the Principal Act are amended by omitting "Minister of State for Health" and substituting "Minister".
PART XX - AMENDMENTS OF TUBERCULOSIS ACT
88. The Tuberculosis Act is in this Part referred to as the Principal Act.
89. Section 3 of the Principal Act is repealed.
90. Section 4 of the Principal Act is amended -
(a)by inserting before the definition of "Local Court" the following definitions:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;
'medical officer' means a person who -
(a)is a medical practitioner;
(b)is an employee within the meaning of the Public Service Act; and
(c)is engaged in medical duties as such an employee;"; and
(b)by omitting the definitions of "the Director- General" and "the Minister".
91. Sections 5(1), 6(1), (2), 7(1), 8(1), (3), 9, 10(1), (2), (3), (5), (8), (10), (12), 11(1), 13(1) and (2) of the Principal Act are amended by omitting "Director-General" (wherever occurring) and sub-stituting "Chief Medical Officer".
92. Section 5(3) of the Principal Act is amended by omitting "of the Department of Health in the Terri-tory".
93. Section 10 of the Principal Act is amended -
(a)by omitting from sub-section (1) "of the De-partment of Health or of the institution"; and
(b)by omitting from sub-sections (9) and (10) "medical officer" and substituting "medical practitioner".
94. Section 13(1) of the Principal Act is amended by omitting "an officer of the Department of Health (being a medical practitioner)" and substituting "a medical officer".
95. Section 14 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
PART XXI - AMENDMENTS OF VENEREAL
DISEASES ACT
96. The Venereal Diseases Act is in this Part referred to as the Principal Act.
97. Section 2 of the Principal Act is amended -
(a)by inserting before the definition of "Child" the following definition:
"'Chief Medical Officer' means the Chief Medical Officer appointed under the Public Health Act;"; and
(b)by omitting the definition of "The Chief Health Officer".
98. Sections 3(1), (2), (3), 3A(1), 4(1), (2), 5, 6A(2), 7(1), (2), 8(1), (2), 10, 13(1), 13B, 15(2), (3) and 23(1) of the Principal Act and Forms A, B and D of the Schedule to that Act are amended by omitting "Chief Health Officer" (wherever occurring) and substituting "Chief Medical Officer".
99. Section 23(1) of the Principal Act is amended by omitting "and such officers, witnesses, or persons" and substituting "and such witnesses or persons".
100. Section 25 of the Principal Act is amended by omitting "Administrator" and substituting "Chief Medical Officer".
101. Section 26 of the Principal Act is amended by omitting "Administrator in Council" and substituting "Administrator".
102. The Schedule to the Principal Act is amended by omitting from Form D "CERTIFICATE OF CHIEF HEALTH OFFICER" and substituting "CERTIFICATE OF CHIEF MEDICAL OFFICER".
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