QueenslandFluoridationofPublicWaterSuppliesAct1963Reprinted as in force on 8 December
2005Reprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2008 Act No. 12 s 101
Information about this reprintThis
Act is reprinted as at 8 December 2005. The reprint shows the law
as amended by allamendments that commenced on or before that
day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listoflegislationandlistofannotationsinendnotes. Alsoseelistoflegislationforanyuncommenced amendments.This
page is specific to this reprint. See previous reprints for
information about earlierchanges made under the Reprints Act
1992. A table of reprints is included in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
hard copy reprint is the same as the date shownon another hard
copy reprint it means that one is the replacement of the
other.
s13s3Fluoridation of Public Water Supplies Act
1963Fluoridation of Public Water Supplies Act
1963[as amended by all amendments that commenced
on or before 8 December 2005]AnActrelatingtotheadditionoffluorinetopublicwatersupplies1Short
titleThisActmaybecitedastheFluoridationofPublicWaterSupplies Act 1963.2InterpretationIn this
Act—fluorineincludes any
compound of fluorine.publicwatersupplymeansanywatersupplyusedforsupplying water
to the public.3Public water supply under control of
person other thanlocal government(1)Whereapublicwatersupplyunderthecontrolofapersonother than a
local government, is used for supplying water tothepublicintheareaofanylocalgovernmentthenuponapplication in
that behalf made by such local government theGovernorinCouncilbyregulationmay,inrelationtothatpublic water supply, exempt such
person from the prohibitionimposedbythisActagainstapersonotherthanalocalgovernment adding fluorine to a public water
supply.(2)Duringthecontinuanceinforceofanregulationunderthissection, the provisions of this act
shall, in respect to the publicwatersupplytowhichtheregulationrelates,applytotheperson named in the regulation as if
the person were a localgovernment and shall be read and
applied with and subject toall necessary adaptations
accordingly.
s44s4Fluoridation of Public Water Supplies Act
1963(3)TheGovernorinCouncilmayatanytimeandshall,uponapplication in that behalf made by the local
government at therequestofwhichtheregulationwasmade,revokeanyregulation made under this
section.4Addition of fluorine to public water
supplies(1)Subject only to this Act a local
government may add fluorineto any public water supply under its
control.(2)A local government shall not add to
any public water supplyunderitscontrolfluorineinanyformotherthanthatprescribed by the regulations.(3)Alocalgovernmentwhichaddstoanypublicwatersupplyunder its control
fluorine—(a)shallnotatanytimeaddtosuchpublicwatersupplyfluorine so as to
increase the content of fluorine in suchpublic water
supply to a concentration in excess of themaximum
concentration prescribed by the regulations;and(b)shall at all times maintain the
content of fluorine in suchpublic water supply at a concentration
of not more thanthe maximum or less than the minimum
concentrationprescribed by the regulations; and(c)shallasrespectssuchpublicwatersupplyandtheaddition of fluorine thereto comply in
all other respectswith the regulations.(4)To
decide whether to add fluorine to any public water supplyunder
its control, a local government may inform itself of thelocal
community’s views about adding fluorine to the watersupplyinanywayitconsidersappropriate,including,forexample—(a)byconsideringitscouncillors’viewsaboutaddingfluorine to the water supply; or(b)bysurveyingpersonswhousewaterfromthewatersupply;
or
s55s5Fluoridation of Public Water Supplies Act
1963(c)by conducting a poll under theLocalGovernmentAct1993, chapter 6, part 2.15Indemnity(1)The Treasurer shall, subject to this
section, indemnify a localgovernment against all costs and
expenses properly incurredby it in relation to any action or
other proceedings in any courtagainst
it—(a)to restrain it from adding or
continuing to add fluorineto any public water supply under its
control; or(b)inrespectoftheadditionby
itoffluorinetoapublicwater supply
under its control.(2)TheTreasurershallnotbeboundtoindemnifyalocalgovernment as
prescribed by subsection (1) in respect of anyaction or other
proceedings specified in that subsection, unlessand
until the Treasurer is satisfied that the alleged cause of
theactionorotherproceedingscreatednolegalliabilitywhatsoever in the local government.(3)Forthwith upon the institution against
a local government ofanactionorotherproceedingsspecifiedinsubsection(1),such
local government shall inform the Minister thereof.(3A)The Minister may at any time during
the continuance of theaction or other proceedings elect to
be joined with the localgovernmentbyfilinginthecourtconcernedanoticeinwriting to that effect.(3B)The
Minister may in such notice name a person and in suchcase
the person so named shall be deemed to be joined withthe
local government.(4)IftheMinisterfilesinthecourtconcernedthenoticeofelection referred to in subsection
(3A)—(a)the Minister or, if a person is named
in the notice, thatperson shall be entitled to do and take on
behalf of thelocal government all such things and steps
as could bedone or taken by the local government as a
party to the1Local Government Act 1993,
chapter 6 (General operation of local governments),part
2 (Polls)
s66s6Fluoridation of Public Water Supplies Act
1963action or other proceedings, including for
the settlementof any question arising with respect
thereto, unless theMinister or such person, by writing, has
permitted thelocalgovernmenttodoortakethethingorstepinquestion; and(b)the
local government shall immediately when requiredbytheMinisterorthepersonnamedinthenoticereferred to in
subsection (3B), sign and execute all suchdocumentsastheMinisterorsuchpersonmayfromtime to time
consider necessary to enable the Minister orsuch person to do
or take any thing or step which theMinister or such
person is authorised by paragraph (a) todo or
take.(5)Where this section applies to any
action or other proceedingsin the Supreme Court or the District
Court the claim thereinshall be heard and determined by a
judge without a jury.(6)This section
applies so as not to prejudice or affect in any waythe
right of a local government (or of the Minister or otherpersonwhomaybeapartywiththelocalgovernment)torecover costs in any action or other legal
proceedings to whichthis section applies, and for the purposes
of the fixation of theamountoforthetaxationofanysuchcoststheindemnityprovided for in
this section shall be deemed to be of no effect.6Regulation making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A
regulation may regulate or control the addition of fluorineto
public water supplies.(3)In particular, a
regulation may make provision for or about thefollowing
matters—(a)prescribingthemaximumandtheminimumconcentrations
respectively at which a local governmentwhich adds
fluorine to any public water supply under itscontrolshallmaintainthecontentoffluorineinsuchpublic water supply, which maximum or
minimum maybeprescribeddifferentlyinrespectofdifferentpublicwater
supplies or in respect of all public water supplies
s67s6Fluoridation of Public Water Supplies Act
1963in different areas or localities throughout
the State, andwhichmaximumshallinthecaseofanyandeverypublicwatersupplyincludefluorinenaturallypresenttherein;(b)prescribing the form in which fluorine
may be added toany public water supply;(c)the
protection of persons employed in adding fluorine toanypublicwatersupplyfrominhalingfumesordustcontainingfluorineandforrequiringsuchpersonstocomply with such regulations;(d)thequalificationsofpersonsemployedinoperatingplantorequipmentusedforaddingfluorinetoanypublic water
supply and prohibiting persons who are notqualified as
prescribed from being so employed;(e)thedisposalordestructionofcontainersfromwhichfluorinehasbeenremovedforadditiontoanypublicwater
supply;(f)prescribing in respect of a public
water supply to whichalocalgovernmentaddsfluorinepointsatwhichsamplesofwatershallbetakenforthemakingofanalyses and the prescribed tests
prescribing the tests tobemadeofsuchsamples,requiringthelocalgovernment to
make analyses and the prescribed tests ofsuchsamples,andrequiringthelocalgovernmenttoforward to the chief executive when
and so often as thechief executive requires samples of water so
taken;(g)prescribingthemethodofmakingsuchanalysesandtests
and the times or intervals at which such analyses ortests
shall be made;(h)the records to be kept for the
purposes of this Act by alocalgovernmentinrespectoftheadditionbyitoffluorine to any
public water supply under its control.
9Fluoridation of Public Water Supplies
Act 19633KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1BAmendments to1995 Act No.
571998 Act No. 411999 Act No.
19Effective28 November
199521 December 199830 April
1999Reprint date21 December
199521 December 199831 May
1999ReprintNo.1CAmendments included2005
Act No. 71Effective8 December
2005Notes
10Fluoridation of Public Water Supplies
Act 19635Tables in earlier reprintsName
of tableChanged citations and remade lawsChanged names and titlesCorrected minor
errorsObsolete and redundant provisionsRenumbered provisionsReprint
No.111116List
of legislationFluoridation of Public Water Supplies Act
1963 No. 34date of assent 16 December 1963commenced 18 January 1964 (proc pubd gaz 18
January 1964 p 171)amending legislation—Statute Law
Revision Act 1995 No. 57 ss 1–2, 4 sch 1date of assent 28
November 1995commenced on date of assentHealth
and Other Legislation Amendment Act 1998 No. 41 ss 1, 2(2), 14(1)
sch 1date of assent 27 November 1998ss
1–2 commenced on date of assentremaining
provisions commenced 21 December 1998 (1998 SL No. 346)Statute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 schdate of assent 30 April 1999commenced on date of assentFluoridation of Public Water Supplies
Amendment Act 2005 No. 71date of assent 8 December 2005commenced on date of assent7List of annotationsShort
titles 1amd R1 (see RA s 37)Interpretations 2amd
R1 (see RA s 39 and AIA s 32AA)def“chief health officer”ins R1 (see RA ss
23–23A)om 1998 No. 41 s 14(1) sch 1def“Director-General”om R1 (see RA ss
23–23A)def“local authority”om R1 (see RA s
39)def“Minister”om R1 (see RA s
39)Public water supply under control of person
other than local governments 3amd 1995 No. 57 s
4 sch 1
