EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Regional Development and Territories
Christmas Island Act 1958
Fluoridation of Public Water Supplies Act 1966 (WA)(CI)
Direction under section 9(1)(b) – Fluoridation of Public Water Supply
Christmas Island Fluoridation Direction 2019
Authority
Section 8G(1) of the Christmas Island Act 1958 provides that if a power is vested in (a) a Minister of Western Australia, (b) the Governor of Western Australia, or (c) the Governor-in-Council of Western Australia, by a West Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of persons (a), (b) or (c).
Section 9(1)(b) of the Fluoridation of Public Water Supplies Act 1966 (WA)(CI) provides that if the Minister approves a recommendation from the Fluoridation of Public Water Supplies Advisory Committee of Western Australia to add fluorine to any public water supply, the Minister shall ‘direct in writing the water supply authority to give effect to such matters contained in the recommendation, as are specified in the direction, within a time so specified.’
The Christmas Island Fluoridation Direction 2019 (the Direction) revokes the Direction under section 9(1)(b) – Fluoridation of Public Water Supply. This is consistent with subsection 33(3) of the Acts Interpretation Act 1901, which provides that if an Act confers a power to make any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions to repeal, rescind, revoke, amend, or vary any such instrument.
Purpose and Operation
The Direction provides the legal authority for the ongoing fluoridation of the water supply on Christmas Island for public health purposes.
Impact and Effect
This Direction will not have any regulatory impacts or affect regulatory costs.
Regulatory Impact Statement
The Office of Best Practice Regulation considers the Direction is not likely to have a significant regulatory impact. Therefore, no Regulation Impact Statement is required (OBPR ID: 24349).
Conditions to be Satisfied
The Fluoridation of Public Water Supplies Act 1966 (WA)(CI) provides that if the Minister approves a recommendation from the Fluoridation of Public Water Supplies Advisory Committee of Western Australia to add fluorine to any public water supply, the Minister shall ‘direct in writing the water supply authority to give effect to such matters contained in the recommendation, as are specified in the direction, within a time so specified’.
Legislative instrument
The Direction is a legislative instrument for the purposes of the Legislation Act 2003.
Under the Legislation (Exemptions and Other Matters) Regulation 2015 section 9 item 2, this Direction is not subject to disallowance.
Under the Legislation (Exemptions and Other Matters) Regulation 2015 section 11 item 3, this Direction is not subject to sunsetting.
Commencement
The Direction commences on the date after registration on the Federal Register of Legislative Instruments.
Consultation
The Western Australian Department of Health advised of the ongoing public health need for fluoridation of the Christmas Island public water supply.
The Fluoridation of Public Water Supplies Advisory Committee of Western Australia confirmed its previous recommendation that it was in the best interests of the Christmas Island community to fluoridate the water supply.
No other consultation was undertaken as the Direction provides a continuation of the current arrangements.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Christmas Island Act 1958
Fluoridation of Public Water Supplies Act 1966 (WA)(CI)
Christmas Island Fluoridation Direction 2019
This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Instrument directs the Administrator of Christmas Island to add fluoride to the public water supply for public health purposes, and repeals the Direction under section 9(1)(b) - Fluoridation of Public Water Supply Direction.
Human Rights Implications
This Instrument provides the legal basis for the fluoridation of the public water supply on Christmas Island, following the advice of the Fluoridation of Public Water Supplies Advisory Committee of Western Australia. The objective of government action is to promote public dental health by adding fluoride to the water on Christmas Island, which helps prevent tooth decay and is consistent with practice across much of Australia.
Conclusion
This Instrument does not raise any human rights issues and is therefore compatible with human rights.