Tuberculosis Act 1948
Act No. 46 of 1948 as amended
Consolidated as in force on 12 November 1999
(includes amendments up to Act No. 118 of 1999)
[Note: This Act is repealed by No. 118 of 1999]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Repeal.....................................
4 Interpretation.................................
5 Arrangements with States.........................
6 Powers of Secretary.............................
7 Provision of subsidies............................
8 Advisory Council..............................
9 Payments to sufferers from tuberculosis and their dependants....
10 Delegation..................................
11 Finance....................................
12 Regulations..................................
Notes
An Act to provide for Medical Services in respect of Tuberculosis, and for other purposes
1 Short title [see Note 1]
This Act may be cited as the Tuberculosis Act 1948.
2 Commencement [see Note 1]
Sections three and nine of this Act shall come into operation on a date to be fixed by proclamation and the remaining sections of this Act shall come into operation on the day on which this Act receives the Royal Assent.
3 Repeal
The Tuberculosis Act 1945 and the Tuberculosis Act 1946 are repealed.
4 Interpretation
In this Act, unless the contrary intention appears:
Secretary means the Secretary to the Department of Health.
the Council means the Advisory Council established under this Act.
tuberculosis means tuberculous disease, in whatever form, which has not been arrested.
5 Arrangements with States
(1) The Governor‑General may enter into an arrangement with the Governor of a State for the provision by the State, subject to agreed conditions, of services and facilities for the diagnosis, treatment and control of tuberculosis.
(2) Any arrangement entered into under this section may provide for the reimbursement of the State by the Commonwealth in respect of:
(a) capital expenditure by the State on or after the first day of July, One thousand nine hundred and forty‑eight, in the provision by the State of land and buildings for use in the diagnosis, treatment and control of tuberculosis and in the erection and improvement of buildings and the provision of furnishings, equipment and plant for such use; and
(b) the net maintenance expenditure by the State in any financial year after the year which ended on the thirtieth day of June, One thousand nine hundred and forty‑eight, in relation to the diagnosis, treatment and control of tuberculosis, to an extent not exceeding the amount by which that expenditure is in excess of the net maintenance expenditure in relation to the diagnosis, treatment and control of tuberculosis incurred by the State during that last‑mentioned year.
(3) Any arrangement entered into under this section which provides for the reimbursement of the State by the Commonwealth in respect of any expenditure referred to in the last preceding subsection shall provide:
(a) for information to be supplied to the Minister by such persons, at such times and in such manner…
Overview
The Tuberculosis Act 1948 was enacted by the Parliament of Australia to address the public health crisis posed by tuberculosis in the post-World War II era. This legislation aimed to provide medical services for the diagnosis, treatment, and control of tuberculosis across Australia by facilitating cooperation between the Commonwealth and the States. The Act's policy objective was to establish a coordinated national response to combat the spread of tuberculosis and to support sufferers through financial assistance and medical care. It provided for arrangements between the Commonwealth and State governments, funding for the establishment and operation of facilities dedicated to tuberculosis management, and subsidies for research and training in the field. The Act was repealed by the Statute Stocktake Act 1999, reflecting the changing public health landscape and advancements in tuberculosis control and treatment.
The Tuberculosis Act 1948 was instrumental in setting up a framework for the collaborative management of tuberculosis across Australia, ensuring that both the Commonwealth and the States were aligned in their efforts to control and eventually eradicate the disease. By providing financial support and establishing a legislative basis for coordinated action, the Act aimed to reduce the incidence of tuberculosis and alleviate the burden on sufferers and their families. This legislative approach underscored the importance of a unified national strategy in tackling significant public health challenges.
Scope and Application
The Tuberculosis Act 1948 applies to the establishment and conduct of hospitals, sanatoria, laboratories, and other units for the diagnosis, treatment, and control of tuberculosis, as well as the provision of subsidies and allowances to sufferers from tuberculosis and their dependants. The Act applies to the Commonwealth and the states of Australia, with arrangements for reimbursement of state expenditures on capital and maintenance costs related to tuberculosis services. The Act also empowers the Secretary to provide for the dissemination of information on preventing the spread of tuberculosis and the after-care and rehabilitation of sufferers. Payments to sufferers from tuberculosis and their dependants are made to encourage sufferers to refrain from working, minimize the spread of tuberculosis, and promote treatment, after-care, and rehabilitation. The Act's application can be extended or restricted through regulations made under its authority, and it is noted that the Act has been repealed by subsequent legislation.
Key Provisions
- The Tuberculosis Act 1948 (the Act) provides for the management and control of tuberculosis within Australia, detailing the roles and responsibilities of various entities involved in the process. Section 5 of the Act allows the Governor-General to enter into arrangements with state governors for the provision of services and facilities related to the diagnosis, treatment, and control of tuberculosis, with provisions for reimbursement of certain state expenditures by the Commonwealth. Section 6 grants the Secretary powers to establish and manage facilities for tuberculosis treatment and research, while Section 7 allows for the payment of subsidies to educational institutions for research and training in tuberculosis-related medical sciences.
- The Act imposes several obligations on the parties it governs. For instance, under Section 5, any arrangement with state governors must include provisions for the reimbursement of state expenditures and the supply of information to the Minister for approval. Additionally, Section 6 mandates that the Secretary can establish or take over hospitals, sanatoria, and other facilities for the diagnosis, treatment, and control of tuberculosis. The Advisory Council, established under Section 8, is tasked with advising the Minister on various aspects related to the prevention, diagnosis, and control of tuberculosis.
- Breaches of the Act may result in various consequences. While specific offences and penalties are not detailed within the Act itself, it is implied that non-compliance with the provisions could lead to civil or administrative penalties as prescribed by other applicable laws. For example, failure to comply with the provisions for reimbursements or the supply of required information could lead to disputes or actions under administrative law. Additionally, the Act specifies that payments made under Section 9 are not considered ordinary income for the purposes of the Social Security Act 1991, which could have implications for recipients in terms of social security benefits.
- Area of Law
- Public Health Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration