Venereal Diseases (Amendment) Act 1973 (NSW)
VENEREAL DISEASES (AMENDMENT) ACT.
Jtetu ^outf) Males;
ANNO VICESIMO SECUNDO
ELIZABETHiE II REGINA
Act No. 14, 1973.
An Act to make further provisions for restricting the spread o f venereal disease; for this purpose to amend the Venereal Diseases Act, 1918; and for purposes connected therewith. [Assented to, 10th April, 1973.]
T>E it enacted by the Queen’s Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and L.egislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows: —
1. This Act may be cited as the “Venereal Diseases Short tifle.
(Amendment) Act, 1973”.
2.
Venereal Diseases (Amendment).
2. (1) This Act, section 3 (a) (i) excepted, shall No. 14,1973 commence on such day as may be appointed by the Governor commMce- in respect thereof and as may be notified by proclamation ment.
published in the Gazette.
(2) Section 3 (a) (i) shall commence upon the day appointed and notified by the Governor under section 2 (c) of the Health Commission Act, 1972.
| 3. | The Venereal Diseases Act, 1918, is amended- | Amendment of Act No. 46, 1918. |
(a) (i) by inserting in section 2 next after the Sec. 2.
definition of “Child” the following new (Defini-
| definition :— | tions.) |
“Commission” means the Health Commis sion of New South Wales constituted under the Health Commission Act, 1972.
(ii) by inserting in section 2 next before the defini tion of “Prescribed” the following new definition :—
“Pharmacist” means pharmacist registered
under the Pharmacy Act, 1964.
(b) (i) by omitting from section 3 (1) the words Sec. 3.
“suffering from any venereal disease for the (Treatment purpose of cunng, alleviating, or treating such practitioner
| disease.” and by inserting instead the words | ) |
| “for the purpose of curing, alleviating or treating any venereal disease.”; |
(ii) by inserting next after section 3 (1) the following new subsection :—
( 1 a ) Subsection (1) does not apply to a person in respect of the supply, by way of sale by wholesale, of drugs or medicines to
medical
Venereal Diseases {Amendment).
| No, 14, 1973 | medical practitioners, pharmacists or persons conducting hospitals or prescribed places referred to in subsection (1) of section 4. |
(iii) by omitting from section 3 (2) the words “registered pharmaceutical chemist” and by inserting instead the word “pharmacist” ;
(iv) by omitting section 3 (3);
| Sec. 4. | (c) (i) by inserting in section 4 (1) after the word |
| (Persons | “person” the words “, whether or not he has |
| suffering | |
| from | been given a certificate under subsection (1) |
| venereal | of section 14,” ; |
| disease to | |
| place them |
| selves under | (ii) by omitting from section 4 (3) the words |
| treatment, | “professionally infamous conduct” and by |
| &c.) | inserting instead the words “misconduct in a professional respect” ; |
(iii) by inserting at the end of section 4 the following new subsection :—
| (4) A medical practitioner may communi cate to the commissioner the name and address of a person suffering from any venereal disease. |
| Sec. 5. | (d) by omitting from section 5 (1) the words “cured |
| (Persons | of or is free from venereal disease” and by inserting |
| suffering | |
| from | instead the words “free from any sign or symptom |
| venereal | of an infective stage of venereal disease” ; |
| disease to keep under treatment.) |
| Sec. 6. | (e) by inserting in section 6 ( 1 ) after the word “from” |
| address.) |
| (Change of | the words “an infective stage of” ; |
| Sec. 7. | (f) by inserting in section 7 (1) after the word “from” |
| (Change of |
| medical | the words “an infective stage of”; |
| practi tioner.) |
| Sec. 8. | (g) by omitting section 8; |
| (Treatment to continue till cure |
| effected.) | (h) |
Venereal Diseases {Amendment).
| (h ) | (i) | by omitting section 9 (1) and by inserting No. 14,1973 | |
|
OCC. 7 ,
(Reporting
(1) A medical practitioner who is c o n - )
suited by or who attends or treats a person suffering from any venereal disease shall give notice thereof in the prescribed form and within the prescribed period—
| (a) | where the medical practitioner is in practice— |
(i) at a place within a metro politan health district defined pursuant to section 16 of the Public Health Act, 1902; or
(ii) at a place not within a district or group of districts in respect of which a medical officer of health has been appointed pursuant to subsection (1) of section 18 of that Act—
to the Commissioner; or
| (b) | where the medical practitioner is in practice at a place within a district or group of districts (not being a metro politan health district) to which a medical officer of health has been appointed pursuant to subsection (1) of section 18 of the Public Health Act, 1902—to the medical officer of health for that district or group of districts. |
(ii) by omitting from section 9 (2) the words “shall not” and bv inserting instead the word “may” ;
(iii)
Venereal Diseases {Amendment).
| No. 14, 1973 | (iii) | by inserting next after section 9 (2) the following new subsection :— |
(2aa) Any person who conducts a
serological test for syphilis which gives a positive result shall send to the commissioner a report in respect of that test and any other test for syphilis conducted at the same time in respect of the same specimen showing—
| (a) | the name and address of the medical | |||
|
specimen for examination;
(b) the nature of the specimen;
| (c) | the date or dates upon which any test was made; |
(d) the result of any test made; and
| (e) | all particulars supplied to him as to the name, address, age and sex of the person from whom the specimen was taken. |
(iv) by inserting in section 9 (2a) after the words “was contracted,” the words “and the name and address of any person to whom the person consulting him, or attended, or treated by him, suspects that the disease may have been transmitted,” ;
(v) by inserting in section 9 (2a) after the words “so contracted” the words “or may have been transmitted”;
(vi) by inserting in section 9 (2b) after the word “disease,” the words “or as to whom such person so consulting, or being attended, or treated, suspects that the disease may have been transmitted,”;
(i)
Venereal Diseases {Amendment).
(i) by omitting from section 11 (1) (a) (ii) the word No. 14,1973
| ||
| (j) | by inserting in section 12 after the word “from” Sec. 12. |
where firstly occurring the words “an infective stage
| ||
|
by omitting from section 14 (1) the words Sec. 14. disease” ;
(ii) by omitting from section 14 (1) the words “in the prescribed form that such person is cured of or is free from venereal disease, or is no longer liable to convey infection, as the case may be” and by inserting instead the words “to that effect”;
(iii) by omitting from section 14 (2) the words “cured of or is free from venereal disease, or is no longer liable to convey infection” and by inserting instead the words “free from any sign or symptom of an infective stage of venereal disease” ;
(1) by inserting in section 16 (1) after the word sec. 16.
| “from” the words “an infective stage of any”; | (Parentsand guardians.) |
| (m) by omitting section 17; | Sec. 17. (Person suffering from |
| venereal disease working in factory, &c.) |
Venereal Diseases {Amendment).
| No. 14, 1973 | (n) | by omitting from the proviso to section 25 (4) the |
| Sec. 25. | words “registered pharmaceutical chemists” and by | |
| (Advertise | inserting instead the word “pharmacists”; | |
| ments of cure of certain diseases.) |
| Sec. 26. | (o) (i) by omitting from section 26 (1) the words |
| (Seizure of |
| articles | “or police”; |
| capable of being used | |
| unlawfully |
| for the | (ii) by omitting from section 26 (1) the words |
| alleviation | “registered pharmaceutical chemist” and by |
| of venereal | |
| disease.) | inserting instead the word “pharmacist” ; |
| Sec. 27. | (p) by omitting from section 27 (d) the words “or no longer liable to convey infection” and by insert ing instead the words “is free from, or is free from any sign or symptom of an infective stage of, venereal disease”; |
| the Com |
| (Powers of | is cured of or is free from venereal disease, or is |
| mission.) |
| Sec. 29. | (q) by omitting from section 29 the words “a defama |
| allegation |
| (False | tory libel, and the provisions of the Defamation |
| as to persons | Act, 1912, as to the offence of publishing a |
| suffering | |
| from | defamatory libel shall apply accordingly” and by |
| venereal | inserting instead the words “defamatory matter |
| disease.) | under section 26 of the Defamation Act, 1958”; |
| Sec. 33. | (r) (i) by omitting from section 33 (2) the words |
| tions under |
| (Regula | “or police”; |
| the Act.) |
(ii)
Venereal Diseases (Amendment).
(ii) by omitting section 33 (3) and by inserting No. 14,1973 instead the following subsection :—
(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.
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