Tuberculosis Act 1945

Legislation au C1945A00046 Not in force Act

Legislation content

TUBERCULOSIS.

 

No. 46 of 1945.

An Act to provide Financial Assistance to the States for use in connexion with Tuberculosis, and for other purposes.

[Assented to 11th October, 1945.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Tuberculosis Act 1945.

Commencement.

2. This Act shall come into operation on a date to be fixed by proclamation.

Definitions.

3. In this Act, unless the contrary intention appears—

“after-care facilities” means any facilities, clinics or institutions (other than tuberculosis hospitals) which are—

(a) provided or conducted by the Government of any State or by any authority of any such Government for the purpose of the after-care, restoration to health, and rehabilitation of persons who suffer or have suffered from tuberculosis;

(b) established after the commencement of this Act; and

(c) approved by the Minister;


“diagnostic facilities” means any facilities, clinics or dispensaries (other than tuberculosis hospitals) which are—

(a) provided or conducted by the Government of any State or by any authority of any such Government for the purpose of the discovery, diagnosis and treatment of tuberculosis in persons;

(b) established after the commencement of this Act; and

(c) approved by the Minister;

“tuberculosis hospital” means any establishment or part of an establishment which is—

(a) conducted by the Government of any State or by any authority of any such Government exclusively for the accommodation and treatment as resident in-patients of persons suffering from tuberculosis;

(b) established after the commencement of this Act; and

(c) approved by the Minister,

and in which no charge is made for accommodation and treatment in public wards:

“year” means financial year.

Payments to States in respect of diagnostic and after-care facilities.

4.—(1.) An amount determined in accordance with this section shall be payable in every year to each State upon the condition that the amount is applied by the State for the maintenance of diagnostic facilities.

(2.) An amount determined in accordance with this section shall be payable in every year to each State upon the condition that the amount is applied by the State for the maintenance of after-care facilities.

(3.) The amounts payable under this section in respect of each year shall be determined by the Minister, but the amounts payable to all States under sub-section (1.) of this section shall not exceed in the aggregate Fifty thousand pounds in any year, and the amounts payable to all States under sub-section (2.) of this section shall not exceed in the aggregate Fifty thousand pounds in any year.

(4.) Any amount paid to a State under this section in any year shall be paid upon condition that an equal amount is made available by the State in the same year and applied by the State for the purposes for which the amount is payable under this section.

Payments to States in respect of patients in hospitals.

5.—(1.) There shall be payable to each State in every year an amount equal to the sum of the amounts arrived at by multiplying the prescribed daily rate in force on each day during the year by the number of the patients in all tuberculosis hospitals in the State on that day.

(2.) In ascertaining the number of patients in a tuberculosis hospital on any day, patients admitted on that day shall be counted, but patients discharged on that day shall not be counted.


Special allowances to sufferers and their dependants.

6.—(1.) In any case in which the Minister, or an officer authorized by the Minister to art under this section, is satisfied that the payment of a special allowance under this section will—

(a) assist in preventing the spread of tuberculosis; or

(b) promote the better treatment of tuberculosis,

there shall be payable to or in respect of a sufferer from tuberculosis (other than a sufferer, without dependants, who is a resident in-patient of any tuberculosis hospital or other hospital or institution) or a dependant of any such sufferer a special allowance at such rate (if any) as is determined by the Minister or officer, but not exceeding the prescribed maximum rate applicable to that sufferer or dependant.

(2.) Payments under this section shall be made in such circum stances and on such conditions (if any) as are prescribed.

Payments to be made from National Welfare Fund

7. Payments under this Act shall be made out of the Trust Account established under the National Welfare Fund Act 1943–1945 and known as the National Welfare Fund.

Regulations.

8. The Governor-General may make regulations not inconsistent with this Act prescribing all matters which are by this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding Fifty pounds or imprisonment for three months for offences against the regulations.

 

Overview

The Tuberculosis Act 1945 was enacted to provide financial assistance to the states for use in connection with tuberculosis. The Act was passed by the Parliament of the Commonwealth of Australia and was assented to on 11th October, 1945. The primary objective of this legislation is to support the states in establishing and maintaining diagnostic and after-care facilities for tuberculosis, as well as providing payments for patients in tuberculosis hospitals and special allowances to sufferers and their dependants. The Act aims to assist in preventing the spread of tuberculosis and promoting its better treatment. Payments under this Act are to be made from the National Welfare Fund, which was established under the National Welfare Fund Act 1943-1945. The Governor-General has the authority to make regulations to ensure the effective implementation of the Act.

Scope and Application

The Tuberculosis Act 1945 applies to the maintenance of diagnostic and after-care facilities for tuberculosis, as well as payments to states for the treatment of patients in tuberculosis hospitals and special allowances for sufferers and their dependants. This Act applies to the governments of the states, which are responsible for providing and conducting the specified facilities and for ensuring the payments are applied as intended. The Act operates nationally, with the Commonwealth providing financial assistance to the states for the purposes outlined. There are no stated exclusions or exemptions within the Act, but it does include a threshold for the aggregate payments to all states for diagnostic and after-care facilities, each capped at Fifty thousand pounds per year. The Act extends its application through subordinate regulations, which may prescribe matters necessary for its implementation, including penalties for offences against these regulations.

Key Provisions

The Tuberculosis Act 1945 (sections 4, 5, and 6) establishes a framework for financial assistance to be provided by the Commonwealth to the States for tuberculosis-related purposes. Specifically, it mandates annual payments to each State for the maintenance of diagnostic facilities (section 4(1)) and after-care facilities (section 4(2)), with a combined annual limit of Fifty thousand pounds for these facilities. Additionally, the Act provides for payments to the States based on the number of patients in tuberculosis hospitals, calculated by multiplying the prescribed daily rate by the number of patients in these hospitals each day (section 5(1)). Furthermore, special allowances may be paid to tuberculosis sufferers or their dependants if the Minister is satisfied that such payments will assist in preventing the spread of tuberculosis or promote better treatment (section 6(1)). The Act imposes several obligations on the parties it governs. States must use the funds provided for the maintenance of diagnostic and after-care facilities specifically for those purposes (section 4). Additionally, States are required to ensure that an equal amount of their own funds is made available and applied for the purposes of these payments (section 4(4)). The Minister or authorised officers are responsible for determining whether special allowances should be paid under section 6 and must ensure that these payments are made in accordance with prescribed circumstances and conditions (section 6(2)). The Act also mandates that all payments under the Act be made from the National Welfare Fund established under the National Welfare Fund Act 1943–1945 (section 7). Breaches of the regulations made under the Act may result in penalties. The Governor-General has the authority to make regulations that prescribe penalties not exceeding Fifty pounds or imprisonment for three months for offences against these regulations (section 8). This means that any individual or entity that fails to comply with the regulations could face financial penalties and/or imprisonment, up to a maximum of three months.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.