Tuberculosis Agreement Act of 1949 (13 Geo Vi No. 38) (Qld)

TUBERCULOSIS. 13GEO. VI. No. 38, 1949. Tuberculosis Agreement Act. 245 TUBERCULOSIS. An Act to Authorise the Governor in Council of the 13 N G o E . O 3 . S V . I. State of Queensland to Enter into with the TUBE~ ~ ~LOSI8 G overnor-General of the Commonwealth of AACGTREOEFM1E9N4T9. Australia an Arrangement for the Provision by this State, subject to agreed Conditions, of Services and Facilities for the Diagnosis, Treatment, and Control of Tuberculosis, and for other incidental purposes. [ASSENTED TO 21sT OCTOBER, 1949.] W HEREAS it is enacted by section five of the Preamble. *Tuberculosis Act 1948 of the Commonwealth that the Governor-General of the Commonwealth 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; AND WHEREAS pursuant to the said section five the said Governor-General is ready and willing to enter into the arrangement a copy of the draft whereof is set out in the Schedule to this Act with the Governor of this State subject to a condition, inter alia, that this State shall before the first day of January, one thousand nine hundred and fifty, enact and bring into force legislation to give effect to that arrangement; AND WHEREAS it is desirable that this State should enact and bring into force legislation as aforesaid- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- 1. This Act may be cited as "The Tuberculosis Short title. Agreement Act of 1949." 2. The Governor in Council is hereby authorised A.lTange: to enter into the arrangement, a copy of the draft whereof : ' : ~ ~ ~ h is set out in the Schedule to this Act, with the Governor- monw~ lth. General of the Commonwealth. * No. 46 of 1948 of the Commonwealth.

246 TUBERCULOSIS. Tuberculosis Agreement Act. 13 GEO. VI. No. 38, Arrange- 3. The arrangement authorised by section two of ; eb~ 8~ J' : this Act shall, when entered into by the aforementioned &zet'e. In parties, be published by the Governor in Council by Proclamation published in the Gazette, and upon such publication that arrangement shall be deemed to be approved by this Parliament, and shall have force and effect accordingly. Such Proclamation shall be laid before Parliament within fourteen sitting days after the publication thereof, if Parliament is then in session and actually sitting for the despatch of business, or, if Parliament is not then in session, or, if in session, is not then sitting for the despatch of business, within fourteen days after the commencement of the next session or, as the case may be, the date upon which Parliament next sits for the despatch of business. If Parliament passes a resolution disallowing such Proclamation, of which resolution notice has been given a.t any time within fourteen sitting days of such House: after such Proclama.tion has been laid before it, such Proclamation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. The term "sitting days" means days upon which Parliament actually sits for the despatch of business. Sohedule. THE SCHEDULE. ARRANGEMENT made pursuant to section 5 of the *Tuberculosis Act 1948 of the Commonwealth of Australia between His Excellency the Governor-General acting with the advice of the Federal Executive Council and His Excellency the Governor of the State of Queensland acting with the advice of the Executive Council of the State: WHEREAS at a Conference of Commonwealth and Stare Ministers held at Canberra in August, 1948, it was agreed that the Common- wealth and the several States should participate in a campaign to. reduce as soon and as far as possible the incidence- of tuberculosis in Australia, l).nd to provide adequate facilities for the diagnosis, treatment and control of that disease : Now IT IS HEREBY ARRANGED AS FOLLOWS:- 1. The Commonwealth and the State will forthwith participate in a campaign to reduce as soon and as far as possible the incidence OI tuberculosis in Australia and to provide adequate facilities for the diagnosis, treatment and control of tuberculosis. '" No. 46 of 1948 of the Commonwealth.

TUBERCULOSIS. 1949. Tuberculosis Agreement Act. 2. For the purpose of the campaign the Commonwealth will reimburse to the State such of the expenditure by the State hereafter in this clause mentioned as shall be approved by the Minister of State for Health of the Commonwealth (in this Arrangement called the " Minister" which expression shall he deemed to include any Minister of State of the Commonwealth acting for or on behalf of the Minister) namely:- (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 provisions of furnishings, equipment and plant for such use; and (b) The net maintenance expenditure by the State in relation to the diagnosis, treatment and control of tuberculosis in any financial year after the year which ended on the thirtieth day of June, one thousand nine hundred and forty.eight, 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 lastmentioned year. 3. For the purposes of this Arrangement, net maintenance expenditure by the State in any financial year shall not include any payment by the State by way of allowances to, ()lr in respect of, sufferers from tuberculosis and their dependants, and the amount of any net maintenance expenditure shall be arrived at after taking into account- (a) Payments for that year by the Commonwealth to the State, under the agreement entered into under the *H08pital Benefit8Act1945-1948 at the Commonwealth Hospital Benefits Expenditure Rate for Public Wards in respect of beds occupied by sufferers from tuberculosis; (b) Payments for that year by the Commonwealth to the State under sections 4 and 5 of the tTuberculo8i8Act1945-1946 ; (c) Payments by the Commonwealth to the State, on behalf of approved hospital authorities, under section 14 of the tPharmaceutical Benefit8 Act1947-1949, in respect of the supply during that year of pharmaceutical benefits for the treatment of sufferers from tuberculosis; and (d) Any other amounts received during that year by the State, or by any institution upon the maintenance of which any part of that ex-penditure has been incurred, from, or in respect of, patients treated for tuberculosis. 4. The amount of any gift, donation or bequest received in any financial year by the State or by any institution upon the maintenance of which any part of the net maintenance expenditure during that year has been incurred shall also be taken into account in arriving at the amount of the net maintenance expenditure. * No. 47 of 1945 of the Commonwealth and amending Acts. t No. 46 of 1945 of the Commonewalth and amending Act. t No. 33 of 1947 of the Commonwealth and amending Act. 247

248 TUBERCULOSIS. Tuberculosis Agreement Act. 13 GEO. VI. No. 38, 1949. - -~ ~~~ ~~ - -~ ~ -- ~ - 5. In order to enable the Mirister to determine whether any of the expenditure mentioned in clause 2 of this Arrangement should be approved by him the State shall ensure that- (a) Any proposal which will involve the reimbursement of capital expenditure under paragraph (a) of clause 2 of this Arrangement, excepting payments made on or after 1st July, 1948, and up to the date of this Arrangement, shall be submitted in writing to the Commonwealth before any expenditure is incurred or any commitment made in respect of that proposal. (b) The Minister shall be supplied with such information by such persons at such times and in such manner and form as he shall from time to time require. 6. Any assets acquired or services or facilities provided by the State the cost, or part of the cost, of which has been reimbursed to the State under this Arrangement shall not, without the prior written approval of the Minister, be used otherwise than for the diagno~is, treatment and control of tuberculosis. 7. The State shall indemnify and keep indemnified the Commonwealth- (a) Against payment by way of compensation for property the cost of which has been reimbursed to the State by the Commonwealth under this Arrangement in the event of the acquisition of that property by the Commonwealth; and (b) Where the cost of the property was reim bursed in part to the State by the Commonwealth under this Arrangement- against payment by way of compensation proportionate to the cost so reimbursed to the State in the event of the acqnisition of that property by the Commonwealth. 8. The State shall ensure that no means test is imposed on, and that no charge is made for accommodation and treatment in respect of, persons occupying beds in public wards in an institution upon the maintenance of which any part of the net maintenance expenditure has been incurred. 9. The State shall as soon as practicable appoint a Director of Tuberculosis who shall devote the whole of his time to the duties of his office and shall not engage in private practice. 10. This Arrangement shall be in force for a period of ten years computed as from the first day of July, one thousand nine hundred and forty-eight, and prior to the date of its expiration the Common- wealth and the State shall confer with a view to a further Arrangement being entered into. 11. The Prime Minister of the Commonwealth and the Premier of the State shall confer from time to time on the means whereby the said campaign shall be effectively carried out.

TUBERCULOSIS-VAGRANTS. 13 GEO. VI. No. 54, 1949. Vagrants, Gaming, Etc., Act. 12. It is a condition of this Arrangement that the State shs.II before the first day of January, one thousand nine hundred and fifty, enact and bring into force legislation to give effect to this Arrangement and for the effective carrying out of the said campaign. If such legislation is not enacted and brought into force before that date the Commonwealth will not make any further reimbursements to the State under this Arrangement except only in respect of or on a.ecount of expenditure actually paid by the State prior to that date. Dated this day of , 1949. By His Excellency's Command, Prime Minister. By His Excellency's Command, Premier. 249 VAGRANTS. An Act to Amend "The Vagrants, Gaming, and 1l3 N G o B . O 5 . 4 V . I. Other Offences Acts, 1931 to 1948," in VAG T R H A I N I '!Il. certain particulars. GAJWfG, AN. OTRBB OWBN01I8 AC'IIl [ASSENTED TO 8TH DECEMBER, 1949.] , AJOINDJOINT A( )~ 01' 19411. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may ,be cited as " The Vagrants, Gaming, Short title &n!wct' and Other Offences Acts Amendment Act of 1949," and shall be read as one with *" The Vagrants, Gaming, and 00 IOn. Other Offences Acts, 1931 to 1948," herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The Vagrants, Gaming, and Other Offences title. Acts, 1931 to 1949." 2. The Principal Act is amended as follows : - Amendments (a) Section thirty-one thereof is renumbered oh. 31. subsection one of section thirty-one; and (b) The following new subsection two is added to the said section thirty-one as so renumbered, namely : - "(2.) (A) Any person who-- (i.) Brings into; or (ii.) Supplies to any person in; or Bottleein stadiums. ,. '22 G. 5 No. 27 and amending Acts.