Health Act 1937
An Act about particular matters relating to public health
long title amd 2005 No. 48 s 492 sch 1
Part 1
Preliminary
1
Short title
This Act may be cited as the
Health Act 1937
.
2
Commencement of Act
s 2
om 1995 No. 57
s 4
sch 1
2A
Construction of Act
s 2A
ins 1941 5 Geo 6 No. 8 s 2
om 1991 No. 97
s 3
sch 2
3
Division of Act
s 3
amd 1945 9 Geo 6 No. 9 s 2; 1959 8 Eliz 2 No. 57 s 2; 1962 No. 27
s 2; 1964 No. 71
s 2; 1971 No. 20 ss 3(a), 4; 1973 No. 29
s 2; 1975 No. 70
s 3; 1976 No. 88
s 2; 1978 No. 65
s 3; 1981 No. 44
s 4
sch 1; 1984 No. 26
s 3; 1986 No. 36
s 60
(1)
sch 6 pt 1; 1987 No. 22
s 4; 1988 No. 25
s 4
om 1991 No. 97
s 3
sch 2
4
Repeals, schedule A
s 4
amd 1971 No. 20
s 2
om 1991 No. 97
s 3
sch 2
5
Interpretation
In this Act—
advertisement means any method of conveying information or making any claim with regard to any drug or article, whether orally or by writing or pictorially, or by telephone, gramophone, or wireless broadcasting or television or any other means of transmitting images or sound or both in association, or by label, letter, circular, pamphlet, book, magazine, newspaper, sign, poster, or otherwise.
def advertisement amd 1959 8 Eliz 2 No. 57 s 3
(a); 1981 No. 44
s 4
sch 1
air cushion vehicle ...
def air cushion vehicle ins 1975 No. 70
s 4
(a)
om 2005 No. 48
s 492
sch 1
analyse, for part 4A, see section 136.
def analyse ins 2001 No. 78
s 45
(2)
analyst ...
def analyst sub 1990 No. 59
s 2.2(a)
amd 1995 No. 57
s 4
sch 1
sub 2001 No. 78
s 45
om 2005 No. 48
s 492
sch 1
approved form see section 15A.
def approved form ins 1995 No. 57
s 4
sch 1
Area ...
def Area om 1993 No. 70
s 804 sch
article—
(a)
without limit to the generality of its meaning, includes—
(i)
any textile product, any toys, any medical or surgical apparatus or appliance, any absorbent wool or surgical dressing, and also includes boots, shoes, paint, poisons, drugs, biological preparations, pesticides, detergents, dangerous substances; and
(ii)
substances declared under a regulation to be articles; but
(b)
does not include medicinal cannabis under the
Public Health (Medicinal Cannabis) Act 2016
, section 6.
def article amd 1959 8 Eliz 2 No. 57 s 3
(b); 1978 No. 65
s 4
(a); 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1
sub 2016 No. 53 s 222(1)
authorised person ...
def authorised person om 2005 No. 48
s 492
sch 1
baker ...
def baker om 1981 No. 44
s 4
sch 1
barber ...
def barber amd 1978 No. 65
s 4
(b)
om 2003 No. 81
s 162
sch 1
...
def barber’s shop om 2003 No. 81
s 162
sch 1
biological preparation means every substance prescribed as such.
British pharmaceutical codex ...
def British pharmaceutical codex ins 1976 No. 41
s 2
om 2005 No. 48
s 492
sch 1
British pharmacopoeia means the British pharmacopoeia as in force in Queensland for the time being under the
Drugs Standard Adopting Act 1976
.
def British pharmacopoeia sub 1976 No. 41
s 2
British veterinary codex ...
def British veterinary codex ins 1976 No. 41
s 2
om 2005 No. 48
s 492
sch 1
By-laws ...
def By-laws om 1993 No. 70
s 804 sch
chemist ...
def chemist or pharmaceutical chemist om 1959 8 Eliz 2 No. 57 s 3
(c)
chief executive (child safety) ...
def chief executive (child safety) ins 2004 No. 36
s 64
(2)
om 2005 No. 48
s 492
sch 1
chief health officer ...
def chief health officer ins 1992 No. 66
s 35
(1)
om 2005 No. 48
s 492
sch 1
child ...
def child ins 2004 No. 36
s 64
(2)
om 2005 No. 48
s 492
sch 1
communicable disease ...
def communicable disease ins 1959 8 Eliz 2 No. 57 s 3
(d)
om 1988 No. 25
s 5
(a)
controlled drug means an article or substance prescribed under a regulation to be a controlled drug.
def controlled drug ins 1996 No. 60
s 7
(3)
daily penalty ...
def daily penalty om 2005 No. 48
s 492
sch 1
dairy produce ...
def dairy produce om 1981 No. 44
s 4
sch 1
dangerous drug ...
def dangerous drug om 1996 No. 60
s 7
(1)
dangerous substance ...
def dangerous substance ins 1959 8 Eliz 2 No. 57 s 3
(e)
om 1987 No. 22
s 5
(a)
day hospital ...
def day hospital ins 1992 No. 66
s 35
(1)
om 1993 No. 79
s 25
dentist ...
def dentist sub 2001 No. 4
s 267
sch 2
om 2010 No. 14
s 124 sch
Deputy Director-General ...
def Deputy Director-General om 1991 No. 24
s 7.3 sch 3
Director-General ...
def Director-General om 1995 No. 57
s 4
sch 1
disposal ...
def disposal ins 1975 No. 70
s 4
(b)
om 1995 No. 52
s 13
district ...
def district ins 1996 No. 61
s 15 sch
om 2005 No. 48
s 492
sch 1
document certification requirement, for part 4A, see section 136.
def document certification requirement ins 2001 No. 78
s 45
(2)
document production requirement, for part 4A, see section 136.
def document production requirement ins 2001 No. 78
s 45
(2)
drain ...
def drain om 1949 13 Geo 6 No. 55 s 27
(i)
drug—
(a)
without limiting the ordinary meaning of the term—
(i)
means—any article used for or in the composition or preparation of medicine for internal or external consumption or use by humans; and
(ii)
includes—
(A)
disinfectants, germicides, antiseptics, pesticides, detergents, preservatives, deodorants, anaesthetics, tobacco, narcotics, soaps, cosmetics, dusting powders, essences, unguents, and all other toilet articles;
(B)
goods for therapeutic use within the meaning of the
Therapeutic Goods Act 1989 (Cwlth);
(C)
an article or substance declared under a regulation to be a drug; but
(b)
does not include medicinal cannabis under the
Public Health (Medicinal Cannabis) Act 2016
, section 6.
def drug amd 1959 8 Eliz 2 No. 57 s 3
(f); 1968 No. 19
s 2; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(2)
sch 2
sub 2016 No. 53 s 222(2)
drug addict ...
def drug addict om 1988 No. 25
s 5
(b)
drug dependent person means a person—
(a)
who, as a result of repeated administration to the person of controlled or restricted drugs or poisons—
(i)
demonstrates impaired control; or
(ii)
exhibits drug-seeking behaviour that suggests impaired control;
over the person’s continued use of controlled or restricted drugs or poisons; and
(b)
who, when the administration to the person of controlled or restricted drugs or poisons ceases, suffers or is likely to suffer mental or physical distress or disorder.
def drug dependent person ins 1988 No. 25
s 5
(b)
amd 1990 No. 59
s 2.2(b); 1996 No. 60
s 7
(2)
endorsement, for part 4A, see section 136.
def endorsement ins 2001 No. 78
s 45
(2)
executive officer, for part 4A, see section 136.
def executive officer ins 2001 No. 78
s 45
(2)
food ...
def food om 1981 No. 44
s 4
sch 1
General fund ...
def General fund om 1993 No. 70
s 804 sch
harm ...
def harm ins 2004 No. 36
s 64
(2)
om 2005 No. 48
s 492
sch 1
have in possession ...
def have in possession om 2005 No. 48
s 492
sch 1
health practitioner registration Act ...
def health practitioner registration Act ins 1999 No. 58
s 429
amd 2001 No. 3
s 241
sch 2; 2001 No. 4
s 267
sch 2; 2001 No. 5
s 247
sch 2; 2001 No. 7
s 302
sch 2; 2001 No. 8
s 237
sch 2; 2001 No. 9
s 239
sch 2; 2001 No. 10
s 237
sch 2; 2001 No. 12
s 245
sch 2; 2001 No. 13
s 242
sch 2; 2001 No. 14
s 238
sch 2; 2001 No. 15
s 255
sch 2; 2001 No. 16
s 236
sch 2
sub 2010 No. 14
s 124 sch
amd 2012 No. 10
s 18
om 2013 No. 13
s 20
(1)
health service employee, for part 4A, see section 136.
def health service employee ins 2001 No. 78
s 45
(2)
hospital see the
Hospital and Health Boards Act 2011
, schedule 2.
def hospital ins 1959 8 Eliz 2 No. 57 s 3
(g)
sub 1991 No. 24
s 7.3 sch 3
amd 2011 No. 32
s 332
sch 1 pt 2 (amd 2012 No. 9
s 47)
house ...
def house amd 1959 8 Eliz 2 No. 57 s 3
(h); 1994 No. 87
s 3
sch 2
om 2005 No. 48
s 492
sch 1
infectious disease ...
def infectious disease om 1959 8 Eliz 2 No. 57 s 3
(i)
injurious includes dangerous.
inspector means an inspector appointed under section 137.
def inspector sub 1971 No. 20
s 5
(a); 1991 No. 97
s 3
sch 2; 2001 No. 78
s 45; 2005 No. 48
s 492
sch 1
label means a label, tag, brand, mark, or statement in writing, whether or not containing any pictorial or other descriptive matter.
licence ...
def licence amd 1971 No. 20
s 2; 1975 No. 70
s 4
(c)
sub 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
licensee ...
def licensee amd 1971 No. 20
s 2
om 2005 No. 48
s 492
sch 1
local government ...
def local government om 1992 No. 66
s 35
(2)
Local Government Act ...
def Local Government Act sub 1993 No. 70
s 804 sch
om 2005 No. 48
s 492
sch 1
manager ...
def manager ins 1996 No. 61
s 15 sch
om 2005 No. 48
s 492
sch 1
meat ...
def meat sub 1964 No. 71
s 3
om 1981 No. 44
s 4
sch 1
medical officer of health ...
def medical officer of health amd 1987 No. 22
s 5
(b)
om 2005 No. 48
s 492
sch 1
medical practitioner ...
def medical practitioner om 1992 No. 55
s 163
sch 2
Minister ...
def Minister om 1991 No. 97
s 3
sch 2
nightsoil ...
def nightsoil ins 1975 No. 70
s 4
(d)
om 1995 No. 52
s 13
notifiable disease ...
def notifiable disease amd 1988 No. 25
s 5
(c)
om 2005 No. 48
s 492
sch 1
nurse ...
def nurse ins 2003 No. 9
s 6
om 2010 No. 14
s 124 sch
occupier includes a person having the charge, management, or control of premises, and in the case of a house which is let out in separate tenements, or in the case of a lodging house which is let to lodgers, the person receiving the rent payable by the tenants or lodgers either on the person’s own account or as the agent of another person.
def occupier amd 2005 No. 48
s 492
sch 1
offence against a relevant provision, for part 4A, see section 136.
def offence against a relevant provision ins 2001 No. 78
s 45
(2)
officer ...
def officer amd 2003 No. 68
s 38
om 2005 No. 48
s 492
sch 1
official dose, when used with reference to any drug or other article, means the maximum dose (if any) stated in the British pharmacopoeia.
opium ...
def opium amd 1959 8 Eliz 2 No. 57 s 3
(j)
om 2005 No. 48
s 492
sch 1
owner ...
def owner sub 1959 8 Eliz 2 No. 57 s 3
(k)
om 2005 No. 48
s 492
sch 1
package includes every means by which goods are cased, covered, enclosed, contained, or packed, and includes a cask, bottle, jar, vessel, bag, box, or other receptacle.
paint ...
def paint amd 1973 No. 29
s 3
(a); 1982 No. 57
s 4
(a)
om 2005 No. 48
s 492
sch 1
parent ...
def parent sub 2004 No. 36
s 64
om 2005 No. 48
s 492
sch 1
person ...
def person om 2005 No. 48
s 492
sch 1
personal particulars requirement, for part 4A, see section 136.
def personal particulars requirement ins 2001 No. 78
s 45
(2)
pesticide ...
def pesticide ins 1959 8 Eliz 2 No. 57 s 3
(l)
amd 1978 No. 65
s 4
(c); 1982 No. 57
s 4
(b)
om 2005 No. 48
s 492
sch 1
pharmaceutical chemist ...
def pharmaceutical chemist ins 1959 8 Eliz 2 No. 57 s 3
(l)
om 1976 No. 88
s 3
(a)
pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.
def pharmacist ins 1976 No. 88
s 3
(a)
sub 2001 No. 12
s 245
sch 2
amd 2010 No. 14
s 124 sch
place includes any house, building, ship, barge, boat, vehicle, car, station, wharf, shed, land, or premises.
poison—
(a)
means every substance or article prescribed as such; but
(b)
does not include medicinal cannabis under the
Public Health (Medicinal Cannabis) Act 2016
, section 6.
def poison sub 2016 No. 53 s 222(3)
premises includes messuages, buildings, lands, easements, and tenements of any tenure, and also any vehicle.
prescribed ...
def prescribed om 2005 No. 48
s 492
sch 1
private health facility ...
def private health facility ins 1999 No. 60
s 165
sch 2
om 2005 No. 48
s 492
sch 1
private hospital ...
def private hospital ins 1999 No. 60
s 165
sch 2
om 2005 No. 48
s 492
sch 1
professional ...
def professional ins 2004 No. 36
s 64
(2)
om 2005 No. 48
s 492
sch 1
prohibited article ...
def prohibited article om 2005 No. 48
s 492
sch 1
prohibited plant ...
def prohibited plant ins 1971 No. 20
s 5
(b)
amd 1973 No. 29
s 3
(b); 1976 No. 88
s 3
(b)
om 1986 No. 36
s 60
(1)
sch 6 pt 1
Queensland Health Education Council ...
def Queensland Health Education Council ins 1945 9 Geo 6 No. 9 s 3
om 1987 No. 22
s 5
(c)
Queensland Radium Institute ...
def Queensland Radium Institute ins 1945 9 Geo 6 No. 9 s 3
om 2005 No. 48
s 492
sch 1
registered nurse ...
def registered nurse ins 2004 No. 36
s 64
(2)
om 2005 No. 48
s 492
sch 1
registrant means a person registered under the Health Practitioner Regulation National Law.
def registrant ins 1999 No. 58
s 429
amd 2013 No. 13
s 20
(2)
registrant’s board, for a registrant, means the National Board established under the Health Practitioner Regulation National Law for the profession in which the registrant is registered.
def registrant’s board ins 1999 No. 58
s 429
sub 2010 No. 14
s 124 sch
amd 2013 No. 13
s 20
(3)
regulations ...
def regulations om 1991 No. 97
s 3
sch 2
relevant provisions see section 134.
def relevant provisions ins 2001 No. 78
s 45
(2)
restricted drug means every substance or article prescribed as such.
road ...
def road om 2005 No. 48
s 492
sch 1
sale includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for sale, or causing or suffering or permitting or allowing to be sold or offered or exposed for sale, but, refers only to sale for consumption or use by humans, and also, so far as relates to any poison, or to any restricted drug, or to any controlled drug, or to any biological preparation includes supplying, exchanging, lending, or giving away, and whether for consumption or use by humans or for any other purpose whatsoever, and also includes, in relation to any article for use by humans, permitting or allowing such use as a means of advertisement.
def sale amd 1959 8 Eliz 2 No. 57 s 3
(m); 1981 No. 44
s 4
sch 1; 1996 No. 60
s 16
Sanitary convenience ...
def Sanitary convenience om 1993 No. 70
s 804 sch
school ...
def school om 2005 No. 48
s 492
sch 1
Sewerage ...
def Sewerage om 1993 No. 70
s 804 sch
shoes ...
def shoes om 2005 No. 48
s 492
sch 1
sole ...
def sole amd 1946 11 Geo 6 No. 9 s 2
om 2005 No. 48
s 492
sch 1
State ...
def State om 2005 No. 48
s 492
sch 1
State analyst means a State analyst appointed under section 153Z
(1).
def State analyst ins 2001 No. 78
s 45
(2)
amd 2005 No. 48
s 492
sch 1
stormwater drain ...
def stormwater drain ins 1949 13 Geo 6 No. 55 s 27
(ii)
om 2005 No. 48
s 492
sch 1
substance includes a preparation, admixture, or derivative of a substance.
thing, for part 4A, see section 136.
def thing ins 2001 No. 78
s 45
(2)
this Act ...
def this Act om 1991 No. 97
s 3
sch 2
vehicle without limiting the ordinary meaning of the term, means any motor vehicle, omnibus, coach, cart, sulky, bicycle, velocipede, train, railway carriage, aeroplane, airship, balloon, or other means of conveyance or transit.
venereal disease ...
def venereal disease amd 1984 No. 103
s 2
om 1988 No. 25
s 5
(d)
vessel ...
def vessel amd 1975 No. 70
s 4
(e)
om 2005 No. 48
s 492
sch 1
veterinary surgeon means a veterinary surgeon within the meaning of the
Veterinary Surgeons Act 1936
.
writing includes partly printing and partly writing, and printing, typewriting, lithography, photography, and other modes of representing and reproducing words in a visible form.
s 5
amd 2005 No. 48
s 492
sch 1
6
Definition for div 1
s 6
prev s 6 om 1995 No. 57
s 4
sch 1
pres s 6 ins 2003 No. 9
s 7
om 2010 No. 14
s 124 sch
Part 2
General powers
pt 2 div 2 hdg sub 1995 No. 57
s 4
sch 1
om 1998 No. 41
s 14
(1)
sch 1
Division 1
Central government
7
Appointment of chief health officer
s 7
amd 1975 No. 70
s 5; 1991 No. 24
s 7.3 sch 3; 1992 No. 66
s 36; R1 (see RA s 38)
sub 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
8
Delegation of chief health officer’s powers
s 8
sub 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
8A
Manager of public health services for the State
s 8A
ins 1998 No. 41
s 4
om 2005 No. 48
s 492
sch 1
9
Default of local government
s 9
amd 1959 8 Eliz 2 No. 57 s 4; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
10
Regulation of sewerage, stormwater drainage etc. by Governor in Council
s 10
amd 1949 13 Geo 6 No. 55 s 28; 1959 8 Eliz 2 No. 57 s 5; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
10A
Discharge of waste process water into watercourses
s 10A
ins 1948 13 Geo 6 No. 16 s 2
amd 1978 No. 65
s 5; 1987 No. 22
s 44
om 1994 No. 62
s 223
sch 3
11
General power to make order in council
s 11
amd 1975 No. 70
s 6
om 1995 No. 57
s 4
sch 1
12
Generality of powers to make orders in council not affected by specific powers to make orders in council
s 12
om 1994 No. 87
s 3
sch 2
13
Regulations to be approved by the Governor in Council and laid before Parliament
s 13
amd 1959 8 Eliz 2 No. 57 s 6; 1971 No. 20
s 2; 1975 No. 70 ss 7, 28 sch 1; 1982 No. 57
s 5; 1987 No. 22
s 44; R1 (see RA s 38); 1994
No. 87
s 3
sch 2
om 1995 No. 57
s 4
sch 1
14
Orders of Director-General when confirmed binding
s 14
om 1995 No. 57
s 4
sch 1
15
Power to make inspections etc.
s 15
amd 1971 No. 20
s 2; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
15A
Approval of forms
The chief executive may approve forms for use under this Act.
s 15A
ins 1995 No. 57
s 4
sch 1
amd 1998 No. 41
s 14
(1)
sch 1
16
Powers of chief executive in default of local government
s 16
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
17
Power in emergencies
s 17
amd 1959 8 Eliz 2 No. 57 s 7; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
18
Power to make order on memorial of party aggrieved by decision of the local government
s 18
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
18A
Chief executive to give notice of proceedings to boards
(1)
This section applies if—
(a)
a health service employee, or public service employee within the department, starts proceedings against a registrant or veterinary surgeon for an offence against this Act or another Act administered by the Minister; or
(b)
the chief executive suspends or cancels, or imposes or varies conditions on, an authority held by a registrant or veterinary surgeon under the
Health (Drugs and Poisons) Regulation 1996
.
(2)
The chief executive must, as soon as practicable after the chief executive or employee takes action mentioned in subsection (1), give written notice about it—
(a)
for a registrant—to the registrant’s board; or
(b)
for a veterinary surgeon—to the Veterinary Surgeons Board of Queensland.
(3)
For subsection (1)
(a)—
health service employee see the
Hospital and Health Boards Act 2011
, schedule 2.
s 18A
ins 1999 No. 58
s 430
amd 2001 No. 78
s 46; 2010 No. 14
s 124 sch; 2011 No. 32
s
332
sch 1 pt 2 (amd 2012 No. 9
s 47)
18B
Chief executive may inform boards about particular matters
(1)
This section applies if the chief executive reasonably believes—
(a)
a registrant or veterinary surgeon has committed an offence against this Act; or
(b)
a ground exists for the chief executive to suspend or cancel, or impose or vary conditions on, an approval or authority held by a registrant or veterinary surgeon under the
Health (Drugs and Poisons) Regulation 1996
.
(2)
The chief executive may give information about the belief, including the grounds for the belief—
(a)
for a registrant—to the registrant’s board; or
(b)
for a veterinary surgeon—to the Veterinary Surgeons Board of Queensland.
s 18B
ins 2003 No. 9
s 8
amd 2010 No. 14
s 124 sch
Division 3
Local government
div hdg om 2005 No. 48
s 492
sch 1
19
Local governments to see to the execution of regulations
s 19
amd 1959 8 Eliz 2 No. 57 s 8; 1971 No. 20
s 2; 1990 No. 59
s 2.3; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
20
Local governments to report
s 20
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
21
Power of local government to abate nuisance
s 21
amd 1959 8 Eliz 2 No. 57 s 9; 1993 No. 70
s 804 sch; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
22
Appointment, remuneration, and duties of officers of local governments
s 22
amd 1959 8 Eliz 2 No. 57 s 10; 1993 No. 70
s 804 sch; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
23
Removal of officers
s 23
om 1993 No. 70
s 804 sch
24
Local government analysts
s 24
amd 1987 No. 22
s 6; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
sub 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
25
Medical officer of health to have powers of inspectors
s 25
om 2005 No. 48
s 492
sch 1
26
Non-disqualification of medical practitioner by receipt of fees
s 26
om 2005 No. 48
s 492
sch 1
Division 4
Appointment of officers under and for the purposes of the Act
div hdg om 2005 No. 48
s 492
sch 1
27
Appointment of officers
s 27
amd 1959 8 Eliz 2 No. 57 s 11; 1995 No. 57
s 4
sch 1; 2003 No. 68
s 39
om 2005 No. 48
s 492
sch 1
27A
Prohibition on use of term State analyst
s 27A
(prev s 27
(1A)) ins 1968 No. 19
s 3
amd 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 2001 No. 78
s 47
om 2005 No. 48
s 492
sch 1
27B
Rules as to competency of officers
s 27B
(prev s 27
(2)–(2A)) amd 1990 No. 59
s 2.4; 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 1998 No. 41
s 14
(1)
sch 1; 2003 No. 68
s 40
om 2005 No. 48
s 492
sch 1
27C
General powers and duties of officers
s 27C
(prev s 27
(3)) amd 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
27D
Officer may attend meetings of local government
s 27D
(prev s 27
(4)) amd 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
27E
Holders of certain offices health officers
s 27E
ins 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
28
Registration of analysts and premises
s 28
sub 1968 No. 19
s 4
amd 1987 No. 22
s 44
om 1990 No. 59
s 2.5
Part 3
PREVENTION, NOTIFICATION AND TREATMENT OF DISEASE OR DISABILITY
pt hdg sub 1959 8 Eliz 2 No. 57 s 12
om 2005 No. 48
s 492
sch 1
Division 1
Notification of births
div hdg orig div 1 hdg sub 1959 8 Eliz 2 No. 57 s 12
om 1988 No. 25
s 6
pres div 1 hdg om 2003 No. 31
s 59
sch 1
29
Notifiable diseases
s 29
sub 1959 8 Eliz 2 No. 57 s 13
amd 1975 No. 70
s 8; 1982 No. 57
s 6
om 1988 No. 25
s 7
30
Notification of notifiable disease
s 30
amd 1959 8 Eliz 2 No. 57 s 14; 1975 No. 70 ss 9, 28 sch 1; 1982 No. 57
s 7; 1987 No. 22
s 44
om 1988 No. 25
s 7
31
Definitions for division
s 31
amd 1995 No. 57
s 4
sch 1
def district registrar sub 1967 No. 20
s 2
(a)
om 2003 No. 31
s 59
sch 1
31A
Notification of births
s 31A
(prev s 31
(2)–(8)) amd 1939 3 Geo VI No. 34 s 2; 1967 No. 20
s 2
(b); 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 7, 44; 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 1999 No. 10
s 205
sch 3
om 2003 No. 31
s 59
sch 1
Division 2
Notifiable diseases
div hdg amd 1959 8 Eliz 2 No. 57 s 15
sub 1988 No. 25
s 9
om 2005 No. 48
s 492
sch 1
31B
Definitions for division
s 31B
pres s 31B (prev s 32) sub 1959 8 Eliz 2 No. 57 s 16; 1988 No. 25
s 9; 1995 No. 57
s 4
sch 1
amd 1991 No. 24
s 7.3 sch 3; 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 1996 No. 61
s 15 sch
om 2005 No. 48
s 492
sch 1
32
Declaration of notifiable diseases
s 32
ins 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
32A
Reporting of notifiable diseases
s 32A
ins 1988 No. 25
s 9
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
32B
Investigations in respect of notifiable diseases
s 32B
ins 1988 No. 25
s 9
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
33
Regulations with respect to notifiable diseases
s 33
amd 1948 13 Geo 6 No. 16 s 3; 1949 13 Geo 6 No. 55 s 29; 1959 No. 57
s 17; 1975 No. 70
s 10; 1987 No. 22
s 8; 1988 No. 25
s 10
; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1; 2003 No. 81
s 162
sch 1
om 2005 No. 48
s 492
sch 1
34
Public hospitals to provide facilities
s 34
amd 1959 8 Eliz 2 No. 57 s 18
sub 1988 No. 25
s 11
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
34A
Duty of local government to prevent notifiable disease
s 34A
ins 1943 7 Geo 6 No. 24 s 2
amd 1959 8 Eliz 2 No. 57 s 19
sub 1988 No. 25
s 11
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
35
Temporary isolation places
s 35
amd 1959 8 Eliz 2 No. 57 s 20
sub 1988 No. 25
s 11
amd 1990 No. 59
s 2.6; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
36
Removal and detention of person suffering from notifiable disease
s 36
amd 1959 8 Eliz 2 No. 57 s 21; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
sub 1988 No. 25
s 12
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
37
Detention of infected person without proper lodging in hospital by order of stipendiary magistrate
s 37
amd 1959 8 Eliz 2 No. 57 s 22; 1988 No. 25
s 13
om 2005 No. 48
s 492
sch 1
38
Cleansing and disinfection of premises etc.
s 38
amd 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1988 No. 25
s 14; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
39
Power of local government as to disinfection etc.
s 39
amd 1959 8 Eliz 2 No. 57 s 23; 1988 No. 25
s 15; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
40
Compensation
s 40
sub 1988 No. 25
s 16
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
41
Exposure of infected persons and things
s 41
om 1959 8 Eliz 2 No. 57 s 24
42
Disinfection of public conveyance
s 42
om 1959 8 Eliz 2 No. 57 s 25
43
Infectious rubbish
s 43
sub 1959 8 Eliz 2 No. 57 s 26
amd 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1988 No. 25
s 17
om 2005 No. 48
s 492
sch 1
44
Temporary shelter etc.
s 44
om 1988 No. 25
s 18
45
Special provisions in respect of typhoid carriers
s 45
om 1959 8 Eliz 2 No. 57 s 27
46
Special provisions with respect to small-pox
s 46
om 1959 8 Eliz 2 No. 57 s 28
47
Provisions as to school children
s 47
amd 1959 8 Eliz 2 No. 57 s 29; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1988 No. 25
s 19; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
48
Controlled notifiable diseases
s 48
sub 1988 No. 25
s 21
amd 1993 No. 79
s 26; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
49
Secrecy
s 49
prev s 49 amd 1959 8 Eliz 2 No. 57 s 31; 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 9, 44
om 1988 No. 25
s 21
pres s 49 (prev s 59) amd 1959 8 Eliz 2 No. 57 s 37; 1975 No. 70
s 28
sch 1; 1982 No. 57
s 13; 1984 No. 103
s 4; 1987 No. 22
s 11
renum 1988 No. 25
s 22
amd 1988 No. 25
s 23; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
50
Protection for acts done under this division
s 50
amd 1959 8 Eliz 2 No. 57 s 32; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
sub 1988 No. 25
s 25
om 2005 No. 48
s 492
sch 1
51
Incidence of this division
s 51
amd 1959 8 Eliz 2 No. 57 s 33; 1975 No. 70
s 28
sch 1
om 1978 No. 65
s 6
(b)
52
Regulations in respect of tuberculosis
s 52
amd 1968 No. 19
s 5; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 1988 No. 25
s 27
53
Regulations as to venereal disease
s 53
amd 1982 No. 57
s 8
om 1988 No. 25
s 29
54
Provisions relating to venereal disease
s 54
amd 1959 8 Eliz 2 No. 57 s 34; 1972 No. 31
s 6
sch 1; 1975 No. 70
s 28
sch 1; 1976 No. 88
s 4; 1982 No. 57
s 9; 1984 No. 103
s 3; 1987 No. 22 ss 10, 44
om 1988 No. 25
s 29
55
Marriage when a nullity
s 55
om 1982 No. 57
s 10
56
Compulsory examination and treatment
s 56
amd 1959 8 Eliz 2 No. 57 s 35; 1975 No. 70
s 28
sch 1; 1982 No. 57
s 11; 1987 No. 22
s 44
om 1988 No. 25
s 29
57
Hospitals to give treatment
s 57
sub 1982 No. 57
s 12
om 1988 No. 25
s 29
58
Proceedings to be in camera
s 58
amd 1959 8 Eliz 2 No. 57 s 36; 1975 No. 70 ss 11, 28 sch 1; 1987 No. 22
s 44
om 1988 No. 25
s 29
60
Possession of bacterium etc. deemed to be disease
s 60
amd 1959 8 Eliz 2 No. 57 s 38
om 1971 No. 20
s 6
ins 1984 No. 103
s 5
om 1988 No. 25
s 30
61
Investigations etc. by Director-General into matters affecting occupational health
s 61
amd 1939 3 Geo 6 No. 34 s 3; 1959 8 Eliz 2 No. 57 s 40; 1987 No. 22
s 13
om 1989 No. 63
s 3
(2)
sch 2
Division 3
Infirmity
div hdg om 2000 No. 8
s 263
sch 3
62
Removal of infirm person to public sector health service
s 62
amd 1975 No. 70
s 28
sch 1; 1988 No. 25
s 31; 1991 No. 24
s 7.3 sch 3; 1991 No. 97
s 3
sch 2; 1993 No. 79
s 27; 1995 No. 57
s 4
sch 1
om 2000 No. 8
s 263
sch 3
Division 4
Private hospitals
div hdg orig div 4 hdg amd 1959 Eliz 2 No. 57 s 30
om 1998 No. 25
s 20
prev div 4 hdg om 1999 No. 60
s 165
sch 2
63
Definitions for division
s 63
amd 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
def day hospital ins 1993 No. 79
s 28
def licence amd 1971 No. 20
s 2
def medical cases ins 1984 No. 66
s 61
(a)
def private hospital amd 1962 No. 46
s 4
(2)
sch 2; 1982 No. 57
s 14
(a); 1991 No. 24
s 7.3 sch 3
def registered nurse amd 1982 No. 57
s 14
(b); 1984 No. 66
s 61
(b)
sub 1992 No. 55
s 163
sch 2
63A
Meaning of day hospital
s 63A
ins 1993 No. 79
s 29
om 1999 No. 60
s 165
sch 2
64
Private hospitals to be licensed
s 64
amd 1962 No. 27
s 3; 1962 No. 46
s 4
(2)
sch 2; 1971 No. 20
s 2; 1975 No. 70
s 28
sch 1; 1982 No. 57
s 15; 1984 No. 66
s 62; 1987 No. 22
s 44; 1992 No. 66
s 37; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
65
Who may hold licences
s 65
sub 1959 8 Eliz 2 No. 57 s 41
amd 1971 No. 20
s 2
sub 1982 No. 57
s 16
amd 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
66
Kinds of licences
s 66
sub 1959 8 Eliz 2 No. 57 s 42
amd 1962 No. 46
s 4
(2)
sch 2; 1971 No. 20
s 2; 1982 No. 57
s 17; 1984 No. 66
s 63; 1987 No. 22
s 14; 1992 No. 55
s 163
sch 2; 1992 No. 66
s 38; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
67
Licence
s 67
amd 1962 No. 27
s 4; 1971 No. 20
s 2; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
68
Duration of licence
s 68
amd 1962 No. 27
s 5
(a); 1971 No. 20
s 2; 1978 No. 65
s 7
(a); 1982 No. 57
s 18; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
68AA
Renewals
s 68AA
(prev s 68
(2)–(5)) amd 1962 No. 27
s 5
(b); 1971 No. 20
s 2; 1978 No. 65
s 7
(b); 1995 No. 57
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
68A
Cancellation and suspension of licences
s 68A
ins 1978 No. 65
s 8
amd 1982 No. 57
s 19; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
68B
Delivery of licence to chief health officer
s 68B
ins 1978 No. 65
s 8
amd 1982 No. 57
s 20; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
69
Fees
s 69
amd 1962 No. 46
s 4
(2)
sch 2; 1971 No. 20
s 2
sub 1975 No. 70
s 12
om 1999 No. 60
s 165
sch 2
70
Additions and alterations to premises
s 70
amd 1971 No. 20
s 2; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
71
Duty of licensee and transfer of licence
s 71
amd 1959 8 Eliz 2 No. 57 s 43; 1971 No. 20
s 2; 1982 No. 57
s 21
; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
71A
Monthly reports
s 71A
ins 1992 No. 66
s 39
om 1999 No. 60
s 165
sch 2
71B
Confidentiality
s 71B
ins 1992 No. 66
s 39
om 1999 No. 60
s 165
sch 2
72
Regulations
s 72
amd 1959 8 Eliz 2 No. 57 s 44; 1962 No. 27
s 6; 1971 No. 20
s 2; 1975 No. 70
s 28
sch 1; 1982 No. 57
s 22; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
73
Inspection
s 73
amd 1982 No. 57
s 23; 1995 No. 57
s 4
sch 1
om 1999 No. 60
s 165
sch 2
74
Evidence
s 74
amd 1987 No. 22
s 15
om 1999 No. 60
s 165
sch 2
75
Interment of stillborn children
s 75
amd 1958 7 Eliz 2 No. 32 s 3
(1)
sch 1; 1967 No. 20
s 3
om 1999 No. 60
s 165
sch 2
76
Penalty in respect of interment of children not born alive
s 76
amd 1967 No. 20
s 4; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1988 No. 88
s 3
sch 1
om 1999 No. 60
s 165
sch 2
76A
Regulations respecting extern nurses
s 76A
ins 1939 3 Geo 6 No. 34 s 4
om 1992 No. 55
s 163
sch 2
Division 5
Hostels and nursing homes
div hdg prev div 5 hdg om 1998 No. 25
s 24
pres div 5 hdg ins 1962 No. 27
s 7
amd 1971 No. 20
s 3
(a); 1987 No. 22
s 16
om 2005 No. 48
s 492
sch 1
76B
Definitions
s 76B
ins 1962 No. 27
s 7
amd 1971 No. 20 ss 2, 3(b); 1982 No. 57
s 24; 1987 No. 22
s 17; 1992 No. 55
s 163
sch 2; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76C
Issue, renewal etc. of licences
s 76C
ins 1962 No. 27
s 7
amd 1971 No. 20
s 2; 1975 No. 70
s 13; 1982 No. 57
s 25; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76CA
Cancellation and suspension of licences
s 76CA
ins 1982 No. 57
s 26
amd 1987 No. 22
s 18
om 2005 No. 48
s 492
sch 1
76D
Who may hold licences
s 76D
ins 1962 No. 27
s 7
amd 1971 No. 20 ss 2, 3(c); 1982 No. 57
s 27; 1987 No. 22
s 19; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76E
Offences
s 76E
ins 1962 No. 27
s 8
amd 1971 No. 20 ss 2, 3(c); 1975 No. 70
s 28
sch 1; 1982 No. 57
s 28; 1987 No. 22 ss 20, 44; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76F
Additions or alterations
s 76F
ins 1962 No. 27
s 9
amd 1971 No. 20
s 3
(c); 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 21, 44; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76G
Duties etc. of licensee
s 76G
ins 1962 No. 27
s 9
amd 1971 No. 20 ss 2, 3(c); 1982 No. 57
s 29; 1987 No. 22
s 22; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76H
Regulations
s 76H
ins 1962 No. 27
s 10
amd 1971 No. 20 ss 2, 3(c), (d); 1975 No. 70
s 28
sch 1; 1982 No. 57
s 30; 1987 No. 22 ss 23, 44; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76I
Inspection
s 76I
ins 1962 No. 27
s 10
amd 1971 No. 20
s 3
(c); 1987 No. 22
s 24; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
76J
Local Government Act to apply
s 76J
ins 1962 No. 26
s 10
amd 1971 No. 20 ss 2, 3(c); 1987 No. 22
s 25
om 2005 No. 48
s 492
sch 1
Division 6
Harm to children
div hdg prev div 6 hdg om 1978 No. 65
s 6
(a)
pres div 6 hdg ins 1980 No. 26
s 4
sub 2004 No. 36
s 65
om 2005 No. 48
s 492
sch 1
76K
Definitions for div 6
s 76K
ins 1980 No. 26
s 4
amd 1995 No. 57
s 4
sch 1; 1995 No. 58
s 4
sch 2; 1998 No. 41
s 14
(1)
sch 1
sub 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KA
Meaning of parent for div 6
s 76KA
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KB
Relationship with Child Protection Act 1999
s 76KB
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KC
Mandatory reporting—immediate notice
s 76KC
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KD
Mandatory reporting—follow-up notice
s 76KD
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KE
Offence
s 76KE
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KF
Further information may be required
s 76KF
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KG
Protection from liability for giving information to professional
s 76KG
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76KH
Confidentiality of notifiers
s 76KH
ins 2004 No. 36
s 66
om 2005 No. 48
s 492
sch 1
76L
Temporary custody of children
s 76L
ins 1980 No. 26
s 4
amd 1981 No. 77
s 2; 1991 No. 24
s 7.3 sch 3; 1995 No. 58
s 4
sch 2; 1998 No. 41
s 14
(1)
sch 1; 2004 No. 36
s 67
om 2005 No. 48
s 492
sch 1
76M
Meaning of child for division
s 76M
ins 1980 No. 26
s 4
prov hdg sub 1995 No. 57
s 4
sch 1
om 2004 No. 36
s 68
76N
Regulations
s 76N
ins 1980 No. 26
s 4
om 1995 No. 57
s 4
sch 1
Division 7
Nuisances and offensive trades
div hdg orig div 7 hdg om 1998 No. 25
s 26
prev div 7 hdg om 2005 No. 48
s 492
sch 1
77
Nuisances
s 77
amd 1991 No. 24
s 7.3 sch 3
sub 1992 No. 36
s 2
sch 1
om 2005 No. 48
s 492
sch 1
78
Detection of nuisances
s 78
om 2005 No. 48
s 492
sch 1
79
Abatement of nuisance
s 79
amd 1959 8 Eliz 2 No. 57 s 45; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
80
Sale of materials
s 80
om 2005 No. 48
s 492
sch 1
81
Expenses of execution of provisions relating to nuisances
s 81
amd 1988 No. 25
s 32
om 2005 No. 48
s 492
sch 1
82
Individual may complain to justice of nuisance
s 82
om 2005 No. 48
s 492
sch 1
83
Cause of nuisance arising beyond local government area
s 83
om 2005 No. 48
s 492
sch 1
84
Nuisance caused by 2 or more persons
s 84
om 2005 No. 48
s 492
sch 1
85
Establishment of offensive trades
s 85
amd 1959 8 Eliz 2 No. 57 s 46; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 2005 No. 48
s 492
sch 1
86
Complaint of nuisance
s 86
amd 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 2005 No. 48
s 492
sch 1
87
Certain nuisances on premises
s 87
amd 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 2005 No. 48
s 492
sch 1
88
Order for cleansing offensive ditches near to or forming boundaries of local government areas
s 88
amd 1959 8 Eliz 2 No. 57 s 47
om 2005 No. 48
s 492
sch 1
89
Removal of filth
s 89
om 2005 No. 48
s 492
sch 1
90
Cleansing common courts and passages
s 90
om 2005 No. 48
s 492
sch 1
91
Apportionment of expenses
s 91
om 2005 No. 48
s 492
sch 1
92
Local laws
s 92
amd 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
Division 8
Sewers, stormwater drains, sanitary conveniences, camping grounds and moveable dwellings
div hdg orig div 8 hdg om 1988 No. 25
s 28
prev div 8 hdg amd 1949 13 Geo 6 No. 55 s 30
sub 1995 No. 52
s 14
om 2005 No. 48
s 492
sch 1
93
Sewers, stormwater drains etc. to be properly kept
s 93
amd 1949 13 Geo 6 No. 55 s 30
om 2005 No. 48
s 492
sch 1
94
Examination of stormwater drains etc.
s 94
amd 1949 13 Geo 6 No. 55 s 31; 1959 8 Eliz 2 No. 57 s 48; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 2005 No. 48
s 492
sch 1
95
Removal of refuse etc.
s 95
amd 1959 8 Eliz 2 No. 57 s 49; 1975 No. 70
s 14; 1995 No. 57
s 4
sch 1
om 1995 No. 52
s 15
96
Place for depositing refuse
s 96
amd 1975 No. 70
s 15; 1990 No. 59
s 2.7; 1995 No. 57
s 4
sch 1
om 1995 No. 52
s 15
96A
Offence to use unauthorised land
s 96A
ins 1975 No. 70
s 16
amd 1995 No. 57
s 4
sch 1
om 1995 No. 52
s 15
97
Neglect of local government to remove refuse etc.
s 97
amd 1959 8 Eliz 2 No. 57 s 50; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 1995 No. 52
s 15
98
Default in carrying out sanitary service
s 98
amd 1959 8 Eliz 2 No. 57 s 51; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1
om 1995 No. 52
s 15
98A
Refuse removal by private contractors
s 98A
ins 1975 No. 70
s 17
amd 1987 No. 22
s 26; 1995 No. 57
s 4
sch 1; 1995 No. 58
s 4
sch 2
om 1995 No. 52
s 15
98B
Offence to remove refuse etc. without authority
s 98B
ins 1975 No. 70
s 17
amd 1987 No. 22
s 44
om 1995 No. 52
s 15
99
Sanitary conveniences for public accommodation, seaside resorts etc.
s 99
amd 1975 No. 70
s 18
(1); 1995 No. 57
s 4
sch 1
om 1995 No. 52
s 15
99A
Regulations and conditions relating to refuse etc.
s 99A
ins 1975 No. 70
s 19
amd 1995 No. 57
s 4
sch 1
om 1995 No. 52
s 15
100
Camping grounds
s 100
amd 1982 No. 57
s 31; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
Division 9
Skin penetration, including acupuncture
div hdg orig div 9 hdg amd 1959 8 Eliz 2 No. 57 s 39; 1989 No. 22
s 12
om 1989 No. 63
s 3
(2)
sch 2
prev div 9 hdg ins 1978 No. 65
s 10
sub 2003 No. 81
s 162
sch 1
om 2005 No. 48
s 492
sch 1
100A
Regulation–making power
s 100A
ins 1978 No. 65
s 10
amd 1987 No. 22
s 44; 1990 No. 59
s 2.8; 1995 No. 57
s 4
sch 1
sub 2003 No. 81
s 162
sch 1
om 2005 No. 48
s 492
sch 1
Division 10
Cancer
div hdg ins 1980 No. 61
s 3
om 2005 No. 48
s 492
sch 1
100B
Definitions for div 10
s 100B
ins 1980 No. 61
s 3
amd 1998 No. 41
s 5
(1)
om 2005 No. 48
s 492
sch 1
def charitable institution om 1991 No. 24
s 7.3 sch 3
def contractor ins 1998 No. 41
s 5
(3)
def health service employee ins 1998 No. 41
s 5
(3)
def nursing home sub 1998 No. 41
s 5
(2)–(3)
def prescribed person sub 1991 No. 24
s 7.3 sch 3
amd 1996 No. 61
s 15 sch; 1998 No. 41
s 5
(4); 1999 No. 60
s 165
sch 2
def private hospital om 1999 No. 60
s 165
sch 2
def psychiatric hospital om 2000 No. 16
s 590
sch 1 pt 2
def public hospital sub 1991 No. 24
s 7.3 sch 3
def register ins 1998 No. 41
s 5
(3)
def return about cancer ins 1998 No. 41
s 5
(3)
100C
Returns about cancer to be given to chief executive
s 100C
ins 1980 No. 61
s 3
amd 1987 No.22s 44; 1995 No. 57s 4sch 1; 1998 No. 41s 6; 1999 No. 60s 165sch 2; 2000 No. 16s 590sch 1 pt 2
om 2005 No. 48
s 492
sch 1
100D
Register
s 100D
ins 1980 No. 61
s 3
amd 1995 No. 57
s 4
sch 1
sub 1998 No. 41
s 7
om 2005 No. 48
s 492
sch 1
100DA
Responsibility for maintenance of register
s 100DA
ins 1998 No. 41
s 7
om 2005 No. 48
s 492
sch 1
100DB
Directions to give returns about cancer to contractor
s 100DB
ins 1998 No. 41
s 7
om 2005 No. 48
s 492
sch 1
100DC
Further information may be required
s 100DC
ins 1998 No. 41
s 7
om 2005 No. 48
s 492
sch 1
100E
Confidentiality
s 100E
sub 1993 No. 79
s 30
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 8; 2005 No. 10
s 50 sch
om 2005 No. 48
s 492
sch 1
100EA
Arrangements about transfer of information
s 100EA
ins 1998 No. 41
s 9
om 2005 No. 48
s 492
sch 1
100F
Regulations for division
s 100F
ins 1980 No. 61
s 3
amd 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(2)
sch 2
om 2005 No. 48
s 492
sch 1
Division 11
Pap Smear Register
div hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Subdivision 1
Definitions and application
sdiv hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FA
Definitions for div 11
s 100FA
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FB
Application of division
s 100FB
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Subdivision 2
Establishment and purposes of register
sdiv hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FC
Pap Smear Register
s 100FC
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FD
Purposes of register
s 100FD
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FE
Women may elect to withhold, remove or change information on register
s 100FE
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Subdivision 3
Duties of persons involved in obtaining and testing Pap smears and histological samples
sdiv hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FF
Definition for sdiv 3
s 100FF
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FG
Initial duty of person obtaining Pap smear or histological sample
s 100FG
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FH
Duty if woman elects for her identifying and clinical information not to be included on register
s 100FH
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FI
Provider’s duty if woman previously elected for information not to be included on register
s 100FI
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FJ
Duty of director to provide information
s 100FJ
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Subdivision 4
Duties of chief executive concerning registered screening histories and authority to send reminder notices
sdiv hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FK
Duty of chief executive on receipt of information
s 100FK
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FL
Chief executive may send reminder notices to certain women
s 100FL
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FM
Duty of chief executive to remove registered screening history
s 100FM
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FN
Duty of chief executive to change identifying information
s 100FN
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Subdivision 5
Confidentiality of, and access to, registered screening histories of women
sdiv hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FO
Confidentiality of all information in register
s 100FO
ins 1998 No. 41
s 11
amd 2005 No. 10
s 50 sch
om 2005 No. 48
s 492
sch 1
100FP
Disclosures about woman’s registered screening history
s 100FP
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FQ
Access to register by health practitioners
s 100FQ
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FR
Access to register by directors of, and nominated persons at, pathology laboratories
s 100FR
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FS
Unauthorised access to registered screening histories
s 100FS
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FT
Health practitioners, directors and nominated persons to keep registered screening histories confidential
s 100FT
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FU
Chief executive to monitor access to information
s 100FU
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Subdivision 6
Agreements and arrangements about confidential information, and designation of certain persons
sdiv hdg ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FV
Agreements for sending out notices under ss 100FK and 100FL
s 100FV
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FW
Arrangements about transfer of information
s 100FW
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
100FX
Chief executive may designate certain persons as health practitioners
s 100FX
ins 1998 No. 41
s 11
om 2005 No. 48
s 492
sch 1
Division 12
Peri-natal statistics
div hdg (prev div 11 hdg) ins 1984 No. 26
s 4
renum 1998 No. 41
s 10
om 2005 No. 48
s 492
sch 1
100G
Interpretation
s 100G
ins 1984 No. 26
s 4
om 2005 No. 48
s 492
sch 1
def prescribed person sub 1991 No. 24
s 7.3 sch 3
amd 1996 No. 61
s 15 sch; 1999 No. 60
s 165
sch 2
def private hospital om 1999 No. 60
s 165
sch 2
def public hospital sub 1991 No. 24
s 7.3 sch 3
100H
Furnishing returns to chief executive
s 100H
ins 1984 No. 26
s 40
amd 1988 No. 24s 33; 1995 No. 57s 4sch 1; 1998 No. 41s 14(1)sch 1; 1999 No. 10s 205sch 3
om 2005 No. 48
s 492
sch 1
100I
Confidentiality
s 100I
sub 1993 No. 79
s 31
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
100J
Regulations for division
s 100J
ins 1984 No. 26
s 4
amd 1988 No. 25
s 35; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
Part 4
Drugs and other articles
pt hdg amd 1981 No. 44
s 4
sch 1
Division 1
Preliminary
101
Adulteration of drug or article
(1)
For the purposes of this Act, any drug or article is deemed to be adulterated—
(a)
if it contains or is mixed or diluted with any substance in any quantity or in any proportion which diminishes in any manner its nutritive or other beneficial properties as compared with the same in a pure and normal state and in an undeteriorated and sound condition, or which in any manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;
(b)
if it contains or is mixed or diluted with any substance of lower commercial value than the same in a pure and normal state and in an undeteriorated and sound condition;
(c)
if any substance, constituent, or ingredient has been wholly or in part extracted, abstracted, or omitted from it, and as a result its nutritive or other beneficial properties are less than those of the same in its pure and normal state, or the purchaser or consumer is or may be in any manner prejudiced or disadvantaged;
(d)
if, either wholly or in part, it does not comply with the prescribed standard for it;
(e)
if it contains anything prohibited by this Act;
(f)
if it contains any substance in excess of any quantity or proportion permitted by this Act;
(g)
if it is mixed, coloured, powdered, coated, stained, or treated in any manner whereby damage, deterioration, inferiority, or true character or quality is or may be concealed;
(h)
if it consists wholly or in part of a filthy, decomposed, or putrid animal or vegetable substance, or of any portion of an animal or vegetable unfit for use as or in any drug or article, whether manufactured or not, or it has not been sufficiently cleaned or purified;
(i)
if it is the product of a diseased animal, or of one which has died otherwise than by slaughter;
(j)
if it is damaged, deteriorated, or perished or contains any foreign matter;
(k)
if another substance has been substituted, wholly or in part, for such drug or article.
(2)
However, in any proceeding under this Act for selling a drug or an article to which subsection (1)
(a) or (b) applies, such drug or article shall not be deemed to be adulterated if it is sold as a mixture in accordance with this Act.
s 101
amd 1959 8 Eliz 2 No. 57 s 52; 1978 No. 65
s 11; 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1
101A
False description of drug
For the purposes of this Act any drug or article is deemed to be falsely described—
(a)
if it is in a package, and—
(i)
the contents of the package as originally put up have been removed in whole or in part, and other contents have been placed in such package; or
(ii)
it fails to bear on the package, or on a label on or attached thereto, a statement of the quantity or proportion of any controlled drug, restricted drug or poison, or any other substance prescribed to be so stated, or any derivative or preparation of any such substances contained therein; or
(iii)
the contents are stated in terms of weight or measure on the outside of the package, or on a label on or attached thereto, and they are not plainly or correctly stated; or
(iv)
the package or any label on or attached thereto bears a statement, word, brand, mark, design, or device regarding the nature, quality, strength, purity, composition, origin, age, or proportion of the drug or article, or the ingredients, constituents, or substance contained in the drug or article which is false or misleading in any particular;
(b)
in the case of imported goods—if it has not applied thereto the trade or other description as required for its importation under the laws in force for the time being of the Commonwealth of Australia, or if it has applied thereto a false trade or other description within the meaning of the aforesaid laws regarding the importation of goods;
(c)
if it is an imitation of or is offered for sale under the distinctive name of another drug or article;
(d)
if it is labelled or marked so as to deceive or mislead the purchaser, or purports to be an imported product when not so;
(e)
if it is labelled as or any advertisement of or concerning it states that it is a herbal medicine, and it contains any drug or substance other than a drug or substance of vegetable origin;
(f)
if any advertisement of or concerning it contains any written, spoken, or pictorial matter calculated or likely to deceive or mislead the purchaser;
(g)
if it is sold under a name which conveys or is likely to convey a false indication of origin, character, or place of manufacture, or to lead the purchaser to suppose that it is any drug or article or product thereof.
s 101A
amd 1996 No. 60
s 16
102
Drugs to comply with description or standard
For the purposes of this Act—
(a)
a drug sold under a name included in the British pharmaceutical codex, the British pharmacopoeia or the British veterinary codex that does not comply with the description of and tests specified for such drug in those codices or that pharmacopoeia shall be deemed to be a drug that is not of the substance of the drug demanded by the purchaser unless the drug is one to which is applicable a specific standard determined for that drug pursuant to the
Drugs Standard Adopting Act 1976
;
(b)
a drug that is one to which is applicable a specific standard determined for that drug by the Minister pursuant to the
Drugs Standard Adopting Act 1976
and that does not comply with that standard shall be deemed to be a drug that is not of the substance of the drug demanded by the purchaser.
s 102
prev s 102 sub 1976 No. 41
s 3
om 2005 No. 10
s 50 sch
pres s 102 ins 2006 No. 25
s 241
(2)
sch 4
103
Sales by agents or servants etc.
(1)
For the purposes of this Act any person shall, additionally to any drug or article sold by the person personally, be deemed to sell any drug or article which the person sells through any employee or agent or which the person sells as an employee or agent.
(2)
In this section—
employee or agent respectively include, but without limit to the generality of their meanings, a manager or representative of an employer or principal.
s 103
sub 1959 8 Eliz 2 No. 57 s 53
amd 1981 No. 44
s 4
sch 1
103A
Milk adulterated with water
s 103A
ins 1959 8 Eliz 2 No. 57 s 54
om 1981 No. 44
s 4
sch 1
Division 2
Drugs etc.
div hdg amd 1981 No. 44
s 4
sch 1
hdg prec s 104
om 1994 No. 87
s 3
sch 2
104
Adulterated drug not to be sold
No person shall sell any drug or article which is adulterated or falsely described, or which is packed or enclosed for sale or labelled, branded, or marked in any manner contrary to or not in compliance with this Act.
s 104
amd 1981 No. 44
s 4
sch 1
104A
Adulterated drug not to be tendered or despatched for or on sale
(1)
No person shall in or from Queensland tender or despatch or offer to tender or despatch for or on sale any drug or article which is adulterated or falsely described, or which is packed or enclosed for sale or labelled, branded, or marked in any manner contrary to or not in compliance with this Act, whether the actual sale shall be effected or is to become effective in Queensland or elsewhere.
(2)
However, if the actual sale was effective or is to be effective elsewhere than in Queensland it shall be a defence to a charge of an offence against this section to prove that the sale was legally authorised under the laws in force where it was effected or to become effective.
(3)
No person shall from elsewhere than in Queensland tender or despatch or offer to tender or despatch to any other person in Queensland for or on sale any drug or article which is adulterated or falsely described, or which is packed or enclosed for sale or labelled, branded, or marked in any manner contrary to or not in compliance with this Act, whether the actual sale shall be effected or is to become effective in Queensland or elsewhere.
(4)
A complaint of an offence against this section shall be heard and determined at a place appointed for holding Magistrates Courts within the Magistrates Court district in which the person to whom the offender tendered or despatched or offered to tender or despatch the drug or article which forms the subject matter of the complaint resided or carried on business when the offence was committed.
s 104A
ins 1941 5 Geo 6 No. 8 s 3
amd 1981 No. 44
s 4
sch 1
105
Mixing other ingredients or material with a drug
(1)
No person shall—
(a)
for purposes of sale, mix or cause or permit to be mixed any ingredient or material with any drug, or colour or cause or permit to be coloured any drug so as to affect injuriously the quality or potency of such drug;
(b)
sell any drug mixed with any such ingredient or material, as in paragraph (a) stated, or so coloured as in paragraph (a) stated;
(c)
for the purposes of sale, mix or cause or permit to be mixed any ingredient or material with any drug in order thereby fraudulently to increase its weight, bulk, or measure, or to conceal its inferior quality;
(d)
sell any drug mixed with any ingredient or material whereby the weight, bulk, or measure of such drug has been fraudulently increased or its inferior quality concealed;
(e)
sell any drug which is not of the nature, substance, or quality of the drug demanded by the purchaser, or sell any quantity of drug less in weight or measure or number than the weight or measure or number demanded and paid for by the purchaser;
(f)
sell any compounded drug which is not composed of ingredients in accordance with the demand of the purchaser.
(2)
In any prosecution it shall be no defence to prove that the drug the subject of the prosecution, though defective in nature or in substance or in quality, was not defective in more than 1 such respect.
s 105
amd 1981 No. 44
s 4
sch 1; 1984 No. 22
s 13; 1994 No. 87 s 3 sch 2; 1995 No. 57
s 4
sch 1
106
Offences in relation to automatic machines
(1)
In this section—
contraceptive includes any condom and any other fitting or appliance sold for use as a contraceptive or capable of being used as a contraceptive.
(2)
Subject to subsection (3), a regulation may prohibit the sale or supply, by means of any automatic machine or similar mechanical device, of any drug, poison or contraceptive specified in the regulation.
(3)
A regulation made under subsection (2) in respect of the sale or supply of condoms shall specify the premises or classes of premises to which the prohibition applies.
(4)
Any person who—
(a)
contravenes a regulation made under subsection (2); or
(b)
installs any automatic machine or similar mechanical device at any place for a purpose prohibited under a regulation made under subsection (2) in respect of that place;
commits an offence against this Act.
Maximum penalty—20 penalty units.
(5)
No licence issued by a local government in respect of any automatic machine or similar mechanical device shall be taken as authorising the installation or use of that machine or device for the sale or supply of any drug, poison or contraceptive if subsection (4) would be contravened by that installation or use.
s 106
amd 1959 8 Eliz 2 No. 57 s 55; 1964 No. 71
s 4; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
sub 1988 No. 25
s 36
amd 1995 No. 57
s 4
sch 1
107
Sale of mixture
(1)
Where any person sells a drug which is a mixture the ingredients shall be pure and in an undeteriorated and sound condition.
(2)
The person shall deliver the mixture to the purchaser in a package on or attached to which is a label stating that the drug is a mixture and the names of the ingredients legibly and uniformly written and, when so prescribed, the names and proportions of the ingredients.
(3)
But (except as otherwise prescribed in respect of poisons, restricted drugs, controlled drugs, or biological preparations) it shall not be necessary so to supply a label in the case of—
(a)
a drug generally known to users as a compounded article or a drug not recognised by the British pharmacopoeia if such drug is mixed with any ingredient or material not injurious and not intended fraudulently to increase its bulk, weight, or measure, or to conceal its inferior quality; or
(b)
a drug supplied by prescription or order signed by a medical practitioner for the medical practitioner’s patient, or a drug compounded and supplied by a registered pharmaceutical chemist; or
(c)
a mixture exempted from this section by the regulations.
(4)
No person shall sell any drug which is a mixture in respect of which this section has been contravened or has not been complied with.
s 107
amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1; 1996 No. 60
s 17
108
Packages to be labelled with description, weight, etc., of contents
s 108
om 1981 No. 44
s 4
sch 1
109
Examination and report upon articles advertised
(1)
The chief executive may from time to time cause to be examined any drug or article which is advertised for the purpose of ascertaining its composition, properties, and efficiency, and shall compare the results of the examination with any advertisement which relates to the drug or article, and with the price at which it is sold, and shall prepare and forward to the Minister a report upon the whole matter, which may include any comment which the chief executive thinks desirable in the public interest.
(2)
The chief executive may thereupon, with the approval of the Minister, cause the report to be published in the gazette and in any newspaper or public print which circulates within Queensland, and to be distributed among the public in any other way, and no action shall lie in respect of such publication or distribution; but no such approval shall be given and no such publication or distribution shall be made until a reasonable opportunity has been given to the manufacturer, importer, vendor, or owner of such drug or article, or the person’s agent, to place the person’s objections to the proposed publication before the chief executive.
(3)
However, the chief executive shall have the power pending the consideration of any such objection to prohibit, by order, the sale or further advertisement of any such drug or article.
(4)
In addition, any cost of publication or distribution incurred by the chief executive under this section shall be borne and paid by the importer, vendor, or owner of the drug or article.
(5)
Any such report which has been published by the chief executive as aforesaid may be republished in any newspaper or public print, and no action shall lie against any person whomsoever in respect of such republication.
s 109
amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
110
Prohibition of sale of injurious articles etc.
(1)
A regulation may prohibit the advertising or sale of any drug or article which, in the chief executive’s opinion is injurious to life or health, or which by reason of its inactivity or inefficiency is useless for the advertised purposes.
(2)
However, a regulation may be made only if the manufacturer, importer, seller, or owner of the drug or article has been given a reasonable opportunity to object to the chief executive about the proposed prohibition.
(3)
No person shall advertise or sell any drug or article in contravention of such prohibition, and no person shall print any advertisement so prohibited, and no proprietor, editor, publisher, or manager of a newspaper or other public print shall publish any advertisement so prohibited.
s 110
amd 1962 No. 27
s 11; 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
111
Extension of ss 109 and 110
Sections 109 and 110 shall also apply to any article or apparatus alleged to be useful or efficacious in relieving human suffering, or in curing, overcoming, or alleviating any physical defect.
112
Use of catheters etc.
s 112
amd 1959 8 Eliz 2 No. 57 s 56; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 2005 No. 48
s 492
sch 1
113
Prohibition of sale of disinfectants and preservatives
(1)
A regulation may prohibit the sale of any article as a disinfectant, germicide, antiseptic, preservative, or deodorant.
(2)
However, a regulation may be made only if the manufacturer, importer, seller or owner of the article has been given a reasonable opportunity to object to the chief executive about the proposed prohibition.
(3)
No person shall sell any article so prohibited.
s 113
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
114
Labelling of disinfectants etc.
(1)
A regulation may require a label to be supplied on or attached to a package of disinfectant, germicide, antiseptic or deodorant packed or enclosed for sale.
(2)
A person must not sell, in a package, a disinfectant, germicide, antiseptic or deodorant that contravenes a requirement of a regulation made under subsection (1).
Maximum penalty—20 penalty units.
s 114
sub 1978 No. 65
s 12; 1995 No. 57
s 4
sch 1
115
Diluents prohibited to milk-sellers except when approved
s 115
sub 1968 No. 54
s 2
om 1981 No. 44
s 4
sch 1
116
Sale of milk of infected cow
s 116
om 1981 No. 44
s 4
sch 1
117
Bread to be sold in loaves of certain weights
s 117
om 1959 8 Eliz 2 No. 57 s 57
118
Shops may be searched for bread short of weight within 18 hours after baking
s 118
om 1959 8 Eliz 2 No. 57 s 57
119
Bakers to provide in their shops scales and weights
s 119
om 1959 8 Eliz 2 No. 57 s 57
120
Inspection of foods in course of delivery to detect short weight
s 120
om 1959 8 Eliz 2 No. 57 s 57
121
Filtration of aerated waters and ice
s 121
sub 1959 8 Eliz 2 No. 57 s 58
om 1981 No. 44
s 4
sch 1
122
Substance prohibited in beer
s 122
om 1981 No. 44
s 4
sch 1
Division 3
Cooking utensils, toys, wearing apparel, matches and use of lead
div hdg amd 1987 No. 22
s 27
sub 1996 No. 60
s 8
om 2005 No. 48
s 492
sch 1
123
Cooking utensils and food receptacles
s 123
amd 1946 10 Geo 6 No. 40 s 2; 1972 No. 31
s 6
sch 1; 1981 No. 44
s 4
sch 1
sub 1987 No. 22
s 28
om 2005 No. 48
s 492
sch 1
124
Substances prohibited in toys etc.
s 124
amd 1939 3 Geo 6 No. 34 s 5; 1946 10 Geo 6 No. 40 s 3; 1959 8 Eliz 2 No. 57 s 59; 1975 No. 70
s 20; 1987 No. 22
s 29; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
124A
Powers respecting articles capable of causing bodily harm or discomfort to humans
s 124A
ins 1939 3 Geo 6 No. 34 s 6
amd 1975 No. 70s 28 sch 1; 1987 No. 22s 44; 1995 No. 57s 4sch 1; 1998 No. 41s 14(1)sch 1; 2001 No. 78s 48
om 2005 No. 48
s 492
sch 1
125
Prohibition of white phosphorus in matches
s 125
om 2001 No. 78
s 49
126
Soles to be of solid leather or stamped with the name of material
s 126
amd 1946 11 Geo 6 No. 9 s 3; 1959 8 Eliz 2 No. 57 s 60
om 1964 No. 68
s 5
(1)
127
Lead in paint
s 127
sub 1955 4 Eliz 2 No. 38 s 2
amd 1959 8 Eliz 2 No. 57 s 61; 1973 No. 29
s 4; 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 30, 44; 1994 No. 87
s 3
sch 2; 1995 No. 57
s 4
sch 1
om 1996 No. 60
s 9
128
Labelling of paint
s 128
amd 1959 No. 57
s 62; 1973 No. 29
s 5; 1995 No. 57
s 4
sch 1
om 1996 No. 60
s 9
129
Contractor mixing and applying paint with ingredients of deleterious substance contrary to consent of person whose premises are painted
s 129
amd 1959 8 Eliz 2 No. 57 s 63
om 1973 No. 29
s 6
129A
Prohibition of the use of leaded metal for structural purposes in certain buildings
s 129A
ins 1946 10 Geo 6 No. 40 s 4
amd 1949 13 Geo 6 No. 55 s 32; 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 31, 44
om 2005 No. 48
s 492
sch 1
129B
Prohibition of the use of means for conservation of water contaminated by lead
s 129B
ins 1946 10 Geo 6 No. 40 s 5
amd 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 32, 44
om 2005 No. 48
s 492
sch 1
129C
Unlawful use of leaded metal or metal sheets a nuisance
s 129C
ins 1946 10 Geo 6 No. 40 s 6
om 2005 No. 48
s 492
sch 1
129D
Prescribing methods of analysis
s 129D
ins 1987 No. 22
s 33
amd 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
Division 3A
Paint
div hdg ins 1996 No. 60
s 10
om 2005 No. 48
s 492
sch 1
129E
Definitions
s 129E
ins 1996 No. 60
s 10
om 2005 No. 48
s 492
sch 1
def standard amd 2000 No. 46
s 3 sch
def uniform standard sub 2000 No. 46
s 3 sch
129F
Person must comply with standard
s 129F
ins 1996 No. 60
s 10
om 2005 No. 48
s 492
sch 1
129G
Officer may take sample of paint
s 129G
ins 1996 No. 60
s 10
om 2005 No. 48
s 492
sch 1
129H
Chief executive may give notice
s 129H
ins 1996 No. 60
s 10
amd 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
129I
Method of analysis may be prescribed
s 129I
ins 1996 No. 60
s 10
om 2005 No. 48
s 492
sch 1
Division 4
Drug dependent persons and poisons
div hdg amd 1973 No. 29
s 7; 1986 No. 36
s 60
(1)
sch 6 pt
1
om 2005 No. 48
s 492
sch 1
130
Possession of and trafficking in dangerous drugs restricted
s 130
amd 1939 3 Geo 6 No. 34 s 7; 1941 No. 8
s 4
(1)
sub 1966 No. 25
s 2; 1971 No. 20
s 7
amd 1973 No. 29
s 8; 1976 No. 88
s 5
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130A
Imprisonment upon non-payment of fine
s 130A
ins 1971 No. 20
s 8
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130B
Detention of drug offender for treatment
s 130B
ins 1971 No. 20
s 9
amd 1973 No. 29
s 9; 1986 No. 36
s 60
(1)
sch 6 pt
1; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130C
Examination of drug offender detained for treatment
s 130C
ins 1971 No. 20
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130D
Order made upon medical practitioner’s recommendation
s 130D
ins 1971 No. 20
s 10
amd 1995 No. 57
s 4
sch 1; 1996 No. 60
s 11; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130E
Conditional leave of absence or release on parole
s 130E
ins 1971 No. 20
s 10
amd 1995 No. 57
s 4
sch 1; 1996 No. 60
s 12; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130F
Liability to further detention of person released on leave or on parole
s 130F
ins 1971 No. 20
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130G
Discharge of person on parole
s 130G
ins 1971 No. 20
s 11
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130H
Absence without leave
s 130H
ins 1971 No. 20
s 11
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
130I
Form of proceedings for offences
s 130I
ins 1971 No. 20
s 12
amd 1973 No. 29
s 10; 1976 No. 41
s 4
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130J
Matters of proof respecting possession of drugs
s 130J
ins 1971 No. 20
s 12
amd 1976 No. 88
s 6
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130K
Conviction of offence simpliciter where aggravated offence charged
s 130K
ins 1971 No. 20
s 12
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130L
Forfeiture to Crown
s 130L
ins 1971 No. 20
s 12
amd 1976 No. 88
s 7
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130LA
Consequences of summary proceeding for drug offences
s 130LA
ins 1976 No. 41
s 5
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130M
Power to detain, search, seize and arrest
s 130M
ins 1971 No. 20
s 13
amd 1973 No. 29
s 11; 1976 No. 88
s 8
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130N
Declaration of dangerous drugs and prohibited plants
s 130N
ins 1971 No. 20
s 14
om 1986 No. 36
s 60
(1)
sch 6 pt 1
130O
Meaning of certain expressions in this division
s 130O
ins 1971 No. 20
s 14
amd 1986 No. 36
s 60
(1)
sch 6 pt 1; 1988 No. 25
s 37
om 1995 No. 57
s 4
sch 1
131
Inorganic salts of hydrocyanic acid
s 131
amd 1939 3 Geo 6 No. 34 s 8; 1959 8 Eliz 2 No. 57 s 64; 1975 No. 70
s 28
sch 1; 1987 No. 22 ss 34, 44; 1988 No. 88
s 3
sch 1; R1 (see RA s 38); 1995
No. 57
s 4
sch 1
om 2001 No. 78
s 50
131A
Search warrant in respect of cyanide
s 131A
ins 1945 9 Geo 6 No. 9 s 5
amd 1966 No. 25
s 3; 1971 No. 20
s 15; 1986 No. 36
s 60
(1)
sch 6 pt 1; 1987 No. 22
s 35
om 2000 No. 5
s 373
sch 2
131B
Obstruction of officers
s 131B
ins 1971 No. 20
s 16
amd 1975 No. 70
s 28
sch 1; 1976 No. 88
s 9
om 1986 No. 36
s 60
(1)
sch 6 pt 1
Division 5
Detention Review Tribunal
div hdg ins 1971 No. 20
s 17
om 2005 No. 48
s 492
sch 1
131C
Tribunal to be constituted
s 131C
ins 1971 No. 20
s 17
om 2005 No. 48
s 492
sch 1
131D
Applications to tribunal
s 131D
ins 1971 No. 20
s 17
om 2005 No. 48
s 492
sch 1
131E
Restricted number of applications
s 131E
ins 1971 No. 20
s 17
om 2005 No. 48
s 492
sch 1
131F
Tribunal’s determination of application
s 131F
ins 1971 No. 20
s 17
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
131G
Procedure of tribunal
s 131G
ins 1971 No. 20
s 17
om 2005 No. 48
s 492
sch 1
131H
Rules of practice of tribunal
s 131H
ins 1971 No. 20
s 17
amd 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
Division 6
Labelling of drugs and poisons
div hdg ins 1973 No. 29
s 12
131I
Drugs and poisons to be labelled
(1)
Every package containing any drug or poison for sale shall bear a label which complies in all respects with what is prescribed under a regulation.
(2)
A person shall not sell a package containing any drug or poison unless the package bears such a label complying in all respects as aforesaid.
s 131I
ins 1973 No. 29
s 12
amd 1995 No. 57
s 4
sch 1
Division 7
Pest control operators
div hdg ins 1976 No. 88
s 10
om 2001 No. 103
s 145
sch 2
131J
Interpretation
s 131J
ins 1976 No. 88
s 10
om 2001 No. 103
s 145
sch 2
def pest control operator amd 1978 No. 65
s 13
(a); 1982 No. 57
s 32
(a)
def pesticide om 1978 No. 65
s 13
(b)
def prohibited pesticide ins 1978 No. 65
s 13
(b)
amd 1982 No. 57
s 32
(b); 1995 No. 57
s 4
sch 1
def regulated pesticide ins 1982 No. 57
s 32
(c)
amd 1995 No. 57
s 4
sch 1
131K
Uses of pesticides by unlicensed or immature persons
s 131K
ins 1976 No. 88
s 10
amd 1996 No. 60
s 13
om 2001 No. 103
s 145
sch 2
131KA
Prohibited pesticides not to be used
s 131KA
ins 1978 No. 65
s 14
amd 1996 No. 60
s 14
om 2001 No. 103
s 145
sch 2
131KB
Regulated pesticide
s 131KB
ins 1982 No. 57
s 33
amd 1995 No. 57
s 4
sch 1
om 2001 No. 103
s 145
sch 2
131L
Application for licence
s 131L
ins 1976 No. 88
s 10
amd 1978 No. 65
s 15; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131M
Licence
s 131M
ins 1976 No. 88
s 10
amd 1995 No. 57
s 4
sch 1
om 2001 No. 103
s 145
sch 2
131N
Duration of licence
s 131N
ins 1976 No. 88
s 10
amd 1987 No. 22
s 36
om 2001 No. 103
s 145
sch 2
131O
Renewal of licence
s 131O
ins 1976 No. 88
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131P
Imposition of conditions of licence
s 131P
ins 1976 No. 88
s 10
amd 1978 No. 65
s 16; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131Q
Conditions of licence
s 131Q
ins 1976 No. 88
s 10
amd 1993 No. 79
s 32
om 2001 No. 103
s 145
sch 2
131R
Cancellation or suspension of licences
s 131R
ins 1976 No. 88
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131S
Appeal from chief executive
s 131S
ins 1976 No. 88
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131T
Notice of accidents
s 131T
ins 1976 No. 88
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131U
Immediate notice concerning loss of life
s 131U
ins 1976 No. 88
s 10
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131V
Powers of inspectors
s 131V
ins 1976 No. 88
s 10
sub 1978 No. 65
s 17
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131W
Regulations
s 131W
ins 1976 No. 88
s 10
amd 1978 No. 65
s 18; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1
om 2001 No. 103
s 145
sch 2
Division 8
Application of agricultural chemicals
div hdg ins 1987 No. 22
s 37
om 2001 No. 103
s 145
sch 2
131WA
Interpretation
s 131WA
(prev s 131AA) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
amd 1995 No. 57
s 4
sch 1
om 2001 No. 103
s 145
sch 2
131WB
Powers of inspectors
s 131WB
(prev s 131AB) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 103
s 145
sch 2
131WC
Use of agricultural chemicals by persons under 17 years
s 131WC
(prev s 131AC) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
om 2001 No. 103
s 145
sch 2
131WD
Regulations
s 131WD
(prev s 131AD) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
amd 1988 No. 25
s 39; 1991 No. 97
s 3
sch 2; 1995 No. 57
s 4
sch 1
om 2001 No. 103
s 145
sch 2
Division 9
Hazardous substances
div hdg ins 1987 No. 22
s 37
om 2001 No. 28
s 189
(1)
sch 1
131WE
Interpretation
s 131WE
(prev s 131AE) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
amd 1995 No. 57
s 4
sch 1
om 2001 No. 28
s 189
(1)
sch 1
131WF
Powers of inspectors
s 131WF
(prev s 131AF) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 28
s 189
(1)
sch 1
131WG
Regulations
s 131WG
(prev s 131AG) ins 1987 No. 22
s 37
renum 1988 No. 25
s 38
amd 1988 No. 25
s 40; 1991 No. 97
s 3
sch 2; 1995 No. 57
s 4
sch 1
om 2001 No. 28
s 189
(1)
sch 1
Division 10
Miscellaneous
div hdg sub 2001 No. 78
s 51
132
Regulations about drugs, articles, substances, appliances etc.
A regulation may be made about the following matters—
(a)
prescribing standards for the composition, strength, weight, quantity, purity, or quality of any drug or article, or of any ingredient or component part thereof, or for the nature or proportion of any substance which may be mixed with or used in the preparation or preservation thereof, or prohibiting the addition of any article to any drug or article;
(b)
the permitted variations (if any) from standards or from statements of measure or volume;
(c)
prohibiting the addition of any specified thing, or of more than the specified quantity or proportion thereof, to any drug or article;
(d)
prohibiting in the manufacture, preparation, storing, preservation, packing, or in the delivering or serving, of any drug or article for sale, the use of appliances containing any substance that may be specified and any substance in or exceeding any proportion that may be specified, and prohibiting the sale, use, serving, or supply of such appliances;
(e)
the substances which shall not be used in making any package;
(f)
securing the purity of water used in the preparation or manufacture of any drug or article, or used in any boiler producing steam for any process of such preparation or manufacture;
(g)
securing the wholesomeness, cleanliness and freedom from contamination or adulteration of any drug or article in the course of its manufacture, preparation, storage, packing, carriage, transit or delivery;
(h)
securing the cleanliness of places, receptacles, appliances, equipment, apparatus and vehicles used in such manufacture, preparation, storage, packing, carriage, transit or delivery;
(i)
the powers of the chief executive with respect to securing the cleanliness of such places, appliances, equipment or apparatus;
(j)
the clothing to be worn by persons engaged in such manufacture, preparation, storage, packing, carriage, transit or delivery;
(l)
prescribing the places where drugs may, with the consent of the chief executive, be sold, manufactured, prepared, stored, packed, served, kept or had;
(m)
prescribing the mode of labelling any drug or article sold in packages, and the matter to be contained or not to be contained in such labels;
(n)
exempting any package or any drug or article from any provision of this Act relating to labelling;
(o)
the degree of approximation allowed between the weight or measure of the drug or article and the weight or measure indicated on the label;
(p)
requiring labels that may be specified to be written on or attached to any drug or article, or to packages containing such drug or article, and prohibiting the use in such labels of words that may be specified;
(q)
prescribing the statement of measure or volume in labels;
(r)
prohibiting the use of the word ‘pure’ or any like word;
(s)
regulating and controlling and, where deemed necessary, prohibiting or restricting advertisements (written or oral), circulars, posters, notices, pamphlets, or other printed or pictorial matter or statements or claims conveyed by radio relating to drugs or articles for sale, and prohibiting the use in such advertisements, circulars, posters, notices, pamphlets, or other printed or pictorial matter or spoken statements or claims of any statement, claim, design, device, fancy name, or abbreviation which is false or misleading in any particular whatsoever;
(t)
defining or prescribing poisons or restricted drugs or controlled drugs or biological preparations;
(u)
regulating and controlling and, as deemed necessary, prohibiting or restricting the ownership, possession, manufacture, cultivation, sale, distribution, supply, use, lending, dispensing, prescribing, or giving away of, or forging and uttering of prescriptions for or any other dealing with poisons, restricted drugs, controlled drugs, biological preparations or goods for therapeutic use under and within the meaning of the
Therapeutic Goods Act 1989 (Cwlth);
(v)
the licensing of persons or classes of persons to manufacture, pack, re-pack or sell poisons or restricted drugs or controlled drugs, or biological preparations or goods for therapeutic use under and within the meaning of the
Therapeutic Goods Act 1989 (Cwlth);
(w)
the siting, construction, layout, condition and registration of licensee’s premises;
(x)
regulating the supply of drugs to drug dependent persons;
(za)
the registration by the chief executive of premises in which medicines, mixtures, compounds and drugs are dispensed (other than a dispensary in any public sector hospital within the meaning of the
Hospital and Health Boards Act 2011
or premises in which medicines, mixtures, compounds or drugs are dispensed by a person (not being a pharmacist) authorised so to do under this Act) or items of trade are sold or services in conjunction with such dispensing are provided;
(zb)
the siting, construction, layout and condition of such premises;
(zc)
prescribing the method of analysis of any drug;
Conditions
(zd)
the conditions on which endorsements may be granted, suspended, or revoked;
Fees
(ze)
prescribing the fees payable for—
(i)
an application for, or renewal of, an endorsement; or
(ii)
an application for an amendment of, or the repeal of a decision to suspend or cancel, an endorsement; or
(iii)
the analysis of a drug or article by a State analyst;
Standards for composition etc.
(zf)
prescribing standards for the composition or quality of any article, or of any ingredient or component part thereof, or for the nature or proportion of any substance which may be mixed or used in the preparation thereof, or prohibiting the addition of any substance to any article;
Mode of packing etc.
(zg)
prescribing the mode of packing, labelling, branding, or marking, any article;
(zh)
fixing rates for payment for samples of drugs or articles taken or obtained under this Act.
s 132
prev s 132 amd 1959 8 Eliz 2 No. 57 s 65; 1981 No. 44
s 4
sch 1; 1987 No. 22
s 38; 1990 No. 59
s 2.9; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 78
s 52
pres s 132 (prev s 152) amd 1959 8 Eliz 2 No. 57 s 73; 1960 No. 49
s 2; 1962 No. 27
s 12; 1967 No. 20
s 5; 1971 No. 20 ss 2, 23; 1973 No. 29
s 15; 1975 No. 70 ss 23(1), 28 sch 1; 1976 No. 88
s 12; 1978 No. 65
s 20; 1979 No. 46
s 2; 1981 No. 44
s 4
sch 1; 1986 No. 36
s 60
(1)
sch 6 pt 1; 1987 No. 22 ss 41, 44; 1988 No. 25
s 41; 1991 No. 24
s 7.3 sch 3; 1992 No. 66
s 40; 1995 No. 57
s 4
sch 1; 1996 No. 60
s 17; 1998 No. 41
s 14 schs 1–2; 2001 No. 12
s 245
sch 2; 2001 No. 78
ss 51, 53
renum 2001 No. 78
s 54
amd 2011 No. 41
s 20; 2011 No. 32
s 332
sch 1 pt 2 (amd 2012 No. 9
s 47)
133
Suggestive names for drugs
(1)
No drug sold under any fancy or suggestive or proprietary or registered name, which is a substitute or is intended to be or may be used as a substitute, either wholly or in part, for any drug, shall, by reason only being so sold under such name, be exempt from this Act.
(2)
Nothing in this Act shall be construed as requiring proprietors or manufacturers of proprietary drugs which contain no unwholesome added ingredient to disclose their trade formulae except in so far as this Act may require to secure freedom from adulteration or false description or to secure the prescribed declaration of any drug or substance.
s 133
prev s 133 amd 1971 No. 20
s 18; 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
pres s 133 (prev s 153) amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1
renum 2001 No. 78
s 54
Part 4A
Monitoring, investigation and enforcement
pt hdg prev pt 4A hdg ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
pres pt 4A hdg ins 2001 No. 78
s 55
Division 1
Preliminary
div hdg ins 2001 No. 78
s 55
134
Application of pt 4A
This part applies for the purposes of the following (the relevant provisions)—
(a)
part 4, divisions 1, 2, 6 and 10;
(b)
a regulation made under part 4, division 1, 2, 6 or 10.
s 134
prev s 134 amd 1975 No. 70
s 21; 1981 No. 44
s 4
sch 1; 1984 No. 22
s 13; 1987 No. 22
s 39
om 2001 No. 78
s 52
pres s 134 ins 2001 No. 78
s 55
amd 2005 No. 48
s 492
sch 1
134A
Manner of dealing with particular samples
s 134A
ins 1971 No. 20
s 19
amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1
om 2001 No. 78
s 52
135
Relationship of this part to pt 2, div 4
s 135
orig s 135 amd 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
prev s 135 ins 2001 No. 78
s 55
om 2005 No. 48
s 492
sch 1
136
Definitions for pt 4A
In this part—
analyse includes measure and test.
conviction, relating to an offence against a relevant provision or this part, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.
document certification requirement means a document certification requirement under section 153N
(5).
document production requirement means a document production requirement under section 153N
(6).
endorsement means an endorsement as defined under a regulation made under section 132.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
health service employee see the
Hospital and Health Boards Act 2011
, schedule 2.
def health service employee sub 2011 No. 32
s 332
sch 1 pt 2 (amd 2012 No. 9
s 47)
offence against a relevant provision, includes an offence under section 175 relating to a relevant provision.
personal particulars requirement means a personal particulars requirement under section 153L
(5).
thing includes a sample of, or from, a thing.
s 136
prev s 136 amd 1975 No. 70
s 28
sch 1; 1981 No. 44
s 4
sch 1; 1987 No. 22 ss 40, 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 78
s 52
pres s 136 ins 2001 No. 78
s 55
Division 2
Inspectors
div hdg ins 2001 No. 78
s 55
137
Appointment and qualifications
(1)
The chief executive may appoint any of the following persons as an inspector—
(a)
an officer of the department;
(b)
a health service employee;
(c)
a person prescribed under a regulation.
(2)
However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.
s 137
prev s 137 amd 1959 8 Eliz 2 No. 57 s 66; 1975 No. 70 ss 22, 28 sch 1; 1981 No. 44
s 4
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 78
s 52
pres s 137 ins 2001 No. 78
s 55
138
Appointment conditions and limit on powers
(1)
An inspector holds office on any conditions stated in—
(a)
the inspector’s instrument of appointment; or
(b)
a signed notice given to the inspector; or
(c)
a regulation.
(2)
The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this part.
(3)
In this section—
signed notice means a notice signed by the chief executive.
s 138
prev s 138 amd 1959 8 Eliz 2 No. 57 s 67; 1975 No. 70
s 28
sch 1
om 1981 No. 44
s 4
sch 1
pres s 138 ins 2001 No. 78
s 55
139
Issue of identity card
(1)
The chief executive must issue an identity card to each inspector.
(2)
The identity card must—
(a)
contain a recent photo of the inspector; and
(b)
contain a copy of the inspector’s signature; and
(c)
identify the person as an inspector under this part; and
(d)
state an expiry date for the card.
(3)
This section does not prevent the issue of a single identity card to a person for this part and other purposes.
s 139
prev s 139 sub 1959 8 Eliz 2 No. 57 s 68
amd 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
pres s 139 ins 2001 No. 78
s 55
140
Production or display of identity card
(1)
In exercising a power under this part in relation to a person, an inspector must—
(a)
produce the inspector’s identity card for the person’s inspection before exercising the power; or
(b)
have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)
However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.
(3)
For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 144
(1)
(b) or (2).
s 140
prev s 140 amd 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
pres s 140 ins 2001 No. 78
s 55
140A
Principal may recover from agent or servant
s 140A
(prev s 140
(3)–(4)) amd 1959 8 Eliz 2 No. 57 s 69; 1981 No. 44
s 4
sch 1
renum 1995 No. 57
s 4
sch 1
amd 1998 No. 41
s 14
(2)
sch 2
om 2001 No. 78
s 52
141
When inspector ceases to hold office
(1)
An inspector ceases to hold office if any of the following happens—
(a)
the term of office stated in a condition of office ends;
(b)
under another condition of office, the inspector ceases to hold office;
(c)
the inspector’s resignation under section 142 takes effect.
(2)
Subsection (1) does not limit the ways an inspector may cease to hold office.
(3)
In this section—
condition of office means a condition on which the inspector holds office.
s 141
prev s 141 amd 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
pres s 141 ins 2001 No. 78
s 55
142
Resignation
(1)
An inspector may resign by signed notice given to the chief executive.
(2)
However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.
s 142
prev s 142 amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1
om 2001 No. 78
s 52
pres s 142 ins 2001 No. 78
s 55
143
Return of identity card
A person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse.
Maximum penalty—10 penalty units.
s 143
prev s 143 amd 1959 8 Eliz 2 No. 57 s 70; 1975 No. 70
s 28
sch 1; 1981 No. 44
s 4
sch 1; 1987 No. 22
s 44; 1988 No. 88
s 3
sch 1; 1995 No. 57
s 4
sch 1
om 2001 No. 78
s 52
pres s 143 ins 2001 No. 78
s 55
Division 3
Powers of inspectors
div hdg ins 2001 No. 78
s 56
Subdivision 1
Entry of places
sdiv hdg ins 2001 No. 78
s 56
144
Power to enter places
(1)
An inspector may enter a place if—
(a)
its occupier consents to the entry; or
(b)
it is a public place and the entry is made when the place is open to the public; or
(c)
the entry is authorised by a warrant; or
(d)
the entry is to account for controlled drugs, restricted drugs or poisons kept at the place by the holder of an endorsement and the place is open for carrying on business or otherwise open for entry.
(2)
For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—
(a)
enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b)
enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
(3)
Subsection (4) applies if the holder of an endorsement is an individual who carries on business at a place and also resides at the place.
(4)
Subsection (1)
(d) does not authorise an inspector to enter a part of the place in which the individual resides.
s 144
prev s 144 amd 1971 No. 20
s 20; 1973 No. 29
s 13; 1981 No. 44
s 4
sch 1; 1996 No. 60
s 16
om 2001 No. 78
s 52
pres s 144 ins 2001 No. 78
s 56
Subdivision 2
Procedure for entry
sdiv hdg ins 2001 No. 78
s 56
145
Consent to entry
(1)
This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 144
(1)
(a).
(2)
Before asking for the consent, the inspector must tell the occupier—
(a)
the purpose of the entry; and
(b)
that the occupier is not required to consent.
(3)
If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.
(4)
The acknowledgment must state—
(a)
the occupier has been told—
(i)
the purpose of the entry; and
(ii)
that the occupier is not required to consent; and
(b)
the purpose of the entry; and
(c)
the occupier gives the inspector consent to enter the place and exercise powers under this division; and
(d)
the time and date the consent was given.
(5)
If the occupier signs an acknowledgment, the inspector must immediately give a copy to the occupier.
(6)
If—
(a)
an issue arises in a proceeding about whether the occupier consented to the entry; and
(b)
an acknowledgment complying with subsection (4) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
s 145
prev s 145 amd 1939 3 Geo 6 No. 34 s 9; 1959 8 Eliz 2 No. 57 s 71; 1971 No. 20
s 21; 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
pres s 145 ins 2001 No. 78
s 56
146
Application for warrant
(1)
An inspector may apply to a magistrate for a warrant for a place.
(2)
The application must be sworn and state the grounds on which the warrant is sought.
(3)
The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the application to be given by statutory declaration.
s 146
prev s 146 amd 1939 3 Geo 6 No. 34 s 10; 1973 No. 29
s 14; 1976 No. 88
s 11
; 1986 No. 36
s 60
(1)
sch 6 pt 1
om 2001 No. 78
s 52
pres s 146 ins 2001 No. 78
s 56
147
Issue of warrant
(1)
The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—
(a)
there is a particular thing or activity (the evidence) that may provide evidence of an offence against a relevant provision or this part; and
(b)
the evidence is at the place, or may be at the place within the next 7 days.
(2)
The warrant must state—
(a)
that a stated inspector may, with necessary and reasonable help and force—
(i)
enter the place and any other place necessary for entry; and
(ii)
exercise the inspector’s powers under this division; and
(b)
the offence for which the warrant is sought; and
(c)
the evidence that may be seized under the warrant; and
(d)
the hours of the day or night when the place may be entered; and
(e)
the date, within 14 days after the warrant’s issue, the warrant ends.
s 147
prev s 147 amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 78
s 52
pres s 147 ins 2001 No. 78
s 56
148
Special warrant
(1)
An inspector may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—
(a)
urgent circumstances; or
(b)
other special circumstances, including, for example, the inspector’s remote location.
(2)
Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.
(3)
The inspector may apply for the warrant before the application is sworn.
(4)
After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy.
(5)
If it is not reasonably practicable to fax a copy to the inspector—
(a)
the magistrate must tell the inspector—
(i)
what the terms of the warrant are; and
(ii)
the date and time the warrant was issued; and
(b)
the inspector must complete a form of warrant (a warrant form) and write on it—
(i)
the magistrate’s name; and
(ii)
the date and time the magistrate issued the warrant; and
(iii)
the terms of the warrant.
(6)
The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.
(7)
The inspector must, at the first reasonable opportunity, send to the magistrate—
(a)
the sworn application; and
(b)
if the inspector completed a warrant form—the completed warrant form.
(8)
On receiving the documents, the magistrate must attach them to the warrant.
(9)
If—
(a)
an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and
(b)
the warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.
s 148
prev s 148 amd 1978 No. 65
s 19; 1981 No. 44
s 4
sch 1; 1986 No. 36
s 60
(1)
sch 6 pt 1
om 2001 No. 78
s 52
pres s 148 ins 2001 No. 78
s 56
149
Warrant—procedure before entry
(1)
This section applies if an inspector named in a warrant issued under this division for a place is intending to enter the place under the warrant.
(2)
Before entering the place, the inspector must do or make a reasonable attempt to do the following—
(a)
identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card or other document evidencing the appointment;
(b)
give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 148
(6), a copy of the facsimile warrant or warrant form;
(c)
tell the person the inspector is permitted by the warrant to enter the place;
(d)
give the person an opportunity to allow the inspector immediate entry to the place without using force.
(3)
However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
s 149
prev s 149 amd 1971 No. 20
s 22; 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 52
pres s 149 ins 2001 No. 78
s 56
150
Stopping motor vehicles
(1)
This section applies if an inspector suspects on reasonable grounds, or is aware, that a thing in or on a motor vehicle may provide evidence of an offence against a relevant provision or this part.
(2)
For the purpose of exercising the powers of an inspector under this division, an inspector may—
(a)
if the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and
(b)
whether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the inspector to exercise the inspector’s powers under this division.
(3)
Despite section 140, for the purpose of exercising a power under subsection (2)
(a), the inspector must—
(a)
have with him or her the inspector’s identity card; and
(b)
produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.
(4)
The person must comply with the inspector’s request or signal, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(5)
If the motor vehicle is stopped, the inspector may direct the person—
(a)
not to move the motor vehicle until the inspector has exercised the inspector’s powers under this division; or
(b)
to move the motor vehicle to, and keep it at, a stated reasonable place to allow the inspector to exercise the inspector’s powers under this division.
(6)
When giving the direction, the inspector must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.
(7)
The person must comply with the inspector’s direction, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(8)
In this section—
motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.
s 150
prev s 150 amd 1959 8 Eliz 2 No. 57 No. 72; 1975 No. 70
s 28
sch 1; 1981 No. 44
s 4
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 78
s 52
pres s 150 ins 2001 No. 78
s 56
Subdivision 3
Powers after entry
sdiv hdg ins 2001 No. 78
s 56
151
General powers after entering place
(1)
This section applies to an inspector who enters a place.
(2)
However, if an inspector enters a place to get the occupier’s consent to enter a place, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.
(3)
For monitoring or enforcing compliance with a relevant provision or this part, the inspector may—
(a)
search any part of the place; or
(b)
inspect, measure, test, photograph or film any part of the place or anything at the place; or
(c)
take a thing at the place for analysis; or
(d)
take an extract from, or copy of, a document at the place; or
(e)
take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division; or
(f)
require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e); or
(g)
require the occupier of the place, or a person at the place, to give the inspector information to help the inspector find out whether a relevant provision or this part is being complied with.
(4)
When making a requirement under subsection (3)
(f) or (g), the inspector must warn the person it is an offence not to comply with the requirement unless the person has a reasonable excuse.
s 151
prev s 151 amd 1981 No. 44
s 4
sch 1; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2001 No. 78
s 52
pres s 151 ins 2001 No. 78
s 56
152
Failure to help inspector
(1)
A person required to give reasonable help under section 151
(3)
(f) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
If an individual is required under section 151
(3)
(f) to give information or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.
s 152
ins 2001 No. 78
s 56
152A
Defined poisons, restricted drugs, dangerous drugs and biological preparations deemed prescribed
s 152A
ins 1978 No. 65
s 21
om 1995 No. 57
s 4
sch 1
153
Failure to give information
(1)
A person of whom a requirement is made under section 151
(3)
(g) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.
s 153
ins 2001 No. 78
s 56
Subdivision 4
Power to seize evidence
sdiv hdg ins 2001 No. 78
s 57
153A
Seizing evidence at a place that may be entered without consent or warrant
An inspector who enters a place that may be entered under this division without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against a relevant provision or this part.
s 153A
ins 2001 No. 78
s 57
153B
Seizing evidence at a place that may only be entered with consent or warrant
(1)
This section applies if—
(a)
an inspector is authorised to enter a place under this division only with the consent of the occupier or a warrant; and
(b)
the inspector enters the place after obtaining the necessary consent or warrant.
(2)
If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—
(a)
the inspector reasonably believes the thing is evidence of an offence against a relevant provision or this part; and
(b)
seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
(3)
If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.
(4)
The inspector also may seize anything else at the place if the inspector reasonably believes—
(a)
the thing is evidence of an offence against a relevant provision or this part; and
(b)
the seizure is necessary to prevent the thing being—
(i)
hidden, lost or destroyed; or
(ii)
used to continue, or repeat, the offence.
(5)
Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against a relevant provision or this part.
s 153B
ins 2001 No. 78
s 57
153C
Securing seized thing
Having seized a thing, an inspector may do 1 or more of the following—
(a)
move the thing from the place where it was seized (the place of seizure);
(b)
leave the thing at the place of seizure but take reasonable steps to restrict access to it;
Examples of restricting access to a thing—
1
sealing a thing and marking it to show access to it is restricted
2
sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted
(c)
if the thing is equipment—make it inoperable.
Example of making equipment inoperable—
dismantling equipment or removing a component of equipment without which the equipment is not capable of being used
s 153C
ins 2001 No. 78
s 57
153D
Tampering with seized thing
(1)
If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.
Maximum penalty—100 penalty units.
(2)
If an inspector makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an inspector’s approval.
Maximum penalty—100 penalty units.
s 153D
ins 2001 No. 78
s 57
153E
Powers to support seizure
(1)
To enable a thing to be seized, an inspector may require the person in control of it—
(a)
to take it to a stated reasonable place by a stated reasonable time; and
(b)
if necessary, to remain in control of it at the stated place for a stated reasonable period.
(2)
The requirement—
(a)
must be made by notice in the approved form; or
(b)
if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.
(3)
A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.
(4)
A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty for subsection (4)—50 penalty units.
s 153E
ins 2001 No. 78
s 57
153F
Receipt for seized thing
(1)
As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.
(2)
However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.
(3)
The receipt must describe generally each thing seized and its condition.
(4)
This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).
s 153F
ins 2001 No. 78
s 57
153G
Forfeiture of seized thing
(1)
A seized thing is forfeited to the State if the inspector who seized the thing—
(a)
can not find its owner, after making reasonable inquiries; or
(b)
can not return it to its owner, after making reasonable efforts; or
(c)
reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against a relevant provision or this part.
(2)
In applying subsection (1)—
(a)
subsection (1)
(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and
(b)
subsection (1)
(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.
Example for paragraph (b)—
The owner of the thing has migrated to another country.
(3)
If the inspector makes a decision under subsection (1)
(c), resulting in the thing being forfeited to the State, the inspector must immediately give the owner a written notice stating—
(a)
the reasons for the decision; and
(b)
that the owner may appeal against the decision within 28 days; and
(c)
how the owner may appeal against the decision.
(4)
Subsection (3) does not apply if—
(a)
the inspector can not find the owner, after making reasonable inquiries; or
(b)
it is impracticable or would be unreasonable to give the notice.
(5)
Regard must be had to a thing’s nature, condition and value—
(a)
in deciding—
(i)
whether it is reasonable to make inquiries or efforts; and
(ii)
if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or
(b)
in deciding whether it would be unreasonable to give the written notice.
s 153G
ins 2001 No. 78
s 57
153H
Forfeiture on conviction
(1)
On the conviction of a person for an offence against a relevant provision or this part, the court may order the forfeiture to the State of—
(a)
anything used to commit the offence; or
(b)
anything else the subject of the offence.
(2)
The court may make the order—
(a)
whether or not the thing has been seized; or
(b)
if the thing has been seized, whether or not the thing has been returned to its owner.
(3)
The court may make any order to enforce the forfeiture it considers appropriate.
(4)
This section does not limit the court’s powers under the
Penalties and Sentences Act 1992
or another law.
s 153H
ins 2001 No. 78
s 57
153I
Dealing with forfeited things etc.
(1)
On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.
(2)
Without limiting subsection (1), the chief executive may destroy or dispose of the thing.
(3)
Despite subsection (1), the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal, relevant to the thing, of which the chief executive is aware.
s 153I
ins 2001 No. 78
s 57
153J
Return of seized thing
(1)
If a seized thing is not forfeited, the inspector must return it to its owner—
(a)
at the end of 6 months; or
(b)
if a proceeding for an offence against a relevant provision or this part involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.
(2)
Despite subsection (1), unless the thing is forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.
s 153J
ins 2001 No. 78
s 57
153K
Access to seized thing
(1)
Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.
(2)
Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
s 153K
ins 2001 No. 78
s 57
Subdivision 5
Power to obtain information
sdiv hdg ins 2001 No. 78
s 58
153L
Power to require name and address
(1)
This section applies if—
(a)
an inspector finds a person committing an offence against a relevant provision or this part; or
(b)
an inspector finds a person in circumstances that lead, or has information about a person that leads, the inspector to reasonably suspect the person has just committed an offence against a relevant provision or this part.
(2)
The inspector may require the person to state the person’s name and residential address.
(3)
When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.
(4)
The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.
(5)
A requirement under subsection (2) or (4) is called a personal particulars requirement.
s 153L
ins 2001 No. 78
s 58
153M
Failure to give name or address
(1)
A person of whom a personal particulars requirement is made must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
A person does not commit an offence against subsection (1) if—
(a)
the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against a relevant provision or this part; and
(b)
the person is not proved to have committed the offence.
s 153M
ins 2001 No. 78
s 58
153N
Power to require production of documents
(1)
An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—
(a)
a document issued to the person under a relevant provision; or
(b)
a document required to be kept by the person under a relevant provision.
(2)
The inspector may keep the document to copy it.
(3)
If the inspector copies a document mentioned in subsection (1)
(b), or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.
(4)
The inspector must return the document to the person as soon as practicable after copying it.
(5)
However, if a requirement (a document certification requirement) is made of a person under subsection (3), the inspector may keep the document until the person complies with the requirement.
(6)
A requirement under subsection (1) is called a document production requirement.
s 153N
ins 2001 No. 78
s 58
153O
Failure to produce document
(1)
A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
It is not a reasonable excuse for a person not to comply with a document production requirement that complying with the requirement might tend to incriminate the person.
s 153O
ins 2001 No. 78
s 58
153P
Failure to certify copy of document
A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
s 153P
ins 2001 No. 78
s 58
153Q
Power to require information
(1)
This section applies if an inspector reasonably believes—
(a)
an offence against a relevant provision or this part has been committed; and
(b)
a person may be able to give information about the offence.
(2)
The inspector may, by written notice given to the person, require the person to give information about the offence to the inspector at a stated reasonable time and place.
(3)
The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(4)
It is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.
s 153Q
ins 2001 No. 78
s 58
Division 4
General enforcement matters
div hdg ins 2001 No. 78
s 58
153R
Compliance notice
(1)
This section applies if the chief executive or an inspector reasonably believes—
(a)
a person—
(i)
is contravening a relevant provision or a provision of this part; or
(ii)
has contravened a relevant provision or a provision of this part in circumstances that make it likely the contravention will continue or be repeated; and
(b)
a matter relating to the contravention is reasonably capable of being rectified; and
(c)
it is appropriate to give the person an opportunity to rectify the matter.
(2)
The chief executive or inspector may give the person a notice (a compliance notice) requiring the person to rectify the matter.
(3)
The compliance notice must state—
(a)
that the chief executive or inspector believes the person—
(i)
is contravening a relevant provision or a provision of this part; or
(ii)
has contravened a relevant provision or a provision of this part in circumstances that make it likely that the contravention will continue or be repeated; and
(b)
the provision the chief executive or inspector believes is being, or has been, contravened; and
(c)
briefly, how it is believed the provision is being, or has been contravened; and
(d)
the matter relating to the contravention that the chief executive or inspector believes is reasonably capable of being rectified; and
(e)
the reasonable steps the person must take to rectify the matter; and
(f)
that the person must take the steps within a stated reasonable period of not less than 21 days; and
(g)
that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse.
(4)
The person must comply with the compliance notice, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(5)
The person can not be prosecuted for contravention of the provision unless the person—
(a)
fails to comply with the compliance notice within the stated period; and
(b)
does not have a reasonable excuse for failing to comply with the notice.
s 153R
ins 2001 No. 78
s 58
153S
Notice of damage
(1)
This section applies if—
(a)
an inspector damages property when exercising or purporting to exercise a power; or
(b)
a person (the other person) acting under the direction or authority of an inspector damages property.
(2)
The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.
(3)
If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice.
(4)
If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
(5)
This section does not apply to damage the inspector reasonably believes is trivial.
(6)
In this section—
owner, of property, includes the person in possession or control of it.
s 153S
ins 2001 No. 78
s 58
153T
Compensation
(1)
A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 3—
(a)
subdivision 1 (Entry of places)
(b)
subdivision 3 (Powers after entry)
(c)
subdivision 4 (Power to seize evidence).
(2)
Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.
(3)
Compensation may be claimed and ordered to be paid in a proceeding—
(a)
brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b)
for an offence against a relevant provision or this part brought against the person claiming compensation.
(4)
A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
s 153T
ins 2001 No. 78
s 58
153U
False or misleading statements
(1)
A person must not state anything to an inspector the person knows is false or misleading in a material particular.
Maximum penalty—50 penalty units.
(2)
In a proceeding for an offence against subsection (1), it is enough for a charge to state that the statement was, without specifying which, ‘false or misleading’.
s 153U
ins 2001 No. 78
s 58
153V
False or misleading documents
(1)
A person must not give an inspector a document containing information the person knows is false or misleading in a material particular.
Maximum penalty—50 penalty units.
(2)
Subsection (1) does not apply to a person if the person, when giving the document—
(a)
tells the inspector, to the best of the person’s ability, how it is false or misleading; and
(b)
if the person has, or can reasonably obtain, the correct information, gives the correct information.
(3)
In a proceeding for an offence against subsection (1), it is enough for a charge to state that the statement was, without specifying which, ‘false or misleading’.
s 153V
ins 2001 No. 78
s 58
153W
Obstructing inspector
(1)
A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(2)
If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—
(a)
it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and
(b)
the inspector considers the person’s conduct is an obstruction.
(3)
In this section—
obstruct includes hinder and attempt to obstruct or hinder.
s 153W
ins 2001 No. 78
s 58
153X
Impersonation of inspector
A person must not pretend to be an inspector.
Maximum penalty—50 penalty units.
s 153X
ins 2001 No. 78
s 58
153Y
Dealing with certain things
(1)
If an inspector takes a thing under section 151
(3)
(c), the inspector must—
(a)
divide the thing into 3 separate parts and—
(i)
seal or fasten each part in a way that will, so far as is practicable, prevent a person tampering with the part; and
(ii)
attach a label containing the label details to each part; and
(b)
leave 1 part with the owner of the thing or the person from whom the thing was obtained; and
(c)
deal with 1 of the remaining parts under section 153ZD; and
(d)
keep the other remaining part for future comparison.
(2)
Subsection (3) applies if a thing is in more than 1 package and the inspector reasonably believes that, because of the size of the packages, dividing 1 package of the thing for analysis into 3 separate parts would—
(a)
affect the composition or quality of the thing in a way that would make the separate parts unsuitable for accurate analysis; or
(b)
make the parts insufficient for accurate analysis; or
(c)
make the thing in any other way unsuitable for analysis.
(3)
If the inspector reasonably believes the packages contain the same substance, the inspector may—
(a)
mix 2 or more of the packages and deal with the mixture under subsection (1); or
(b)
use more than 1 of the packages to make up each part mentioned in subsection (1).
(4)
Subsections (1) to (3) do not apply to a thing to the extent that, because of its nature, it is impossible or impractical to deal with it in the way mentioned in the subsections.
(5)
In this section—
label details means—
(a)
an identification number; and
(b)
a description of the thing; and
(c)
the date it was taken or seized; and
(d)
the place where it was taken or seized; and
(e)
the inspector’s signature.
s 153Y
ins 2001 No. 78
s 58
amd 2003 No. 9
s 9
Division 5
Analysis of things
div hdg ins 2001 No. 78
s 59
153Z
Appointment and qualifications
(1)
The chief executive may appoint any of the following persons as a State analyst—
(a)
an officer of the department;
(b)
a health service employee;
(c)
a person prescribed under a regulation.
(2)
However, the chief executive may appoint a person as a State analyst only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.
s 153Z
ins 2001 No. 78
s 59
153ZA
Appointment conditions and limit on powers
(1)
A State analyst holds office on any conditions stated in—
(a)
the State analyst’s instrument of appointment; or
(b)
a signed notice given to the State analyst; or
(c)
a regulation.
(2)
The instrument of appointment, a signed notice given to the State analyst or a regulation may limit the State analyst’s powers under this part.
(3)
In this section—
signed notice means a notice signed by the chief executive.
s 153ZA
ins 2001 No. 78
s 59
153ZB
When State analyst ceases to hold office
(1)
A State analyst ceases to hold office if any of the following happens—
(a)
the term of office stated in a condition of office ends;
(b)
under another condition of office, the State analyst ceases to hold office;
(c)
the State analyst’s resignation under section 153ZC takes effect.
(2)
Subsection (1) does not limit the ways a State analyst may cease to hold office.
(3)
In this section—
condition of office means a condition on which the State analyst holds office.
s 153ZB
ins 2001 No. 78
s 59
153ZC
Resignation
(1)
A State analyst may resign by signed notice given to the chief executive.
(2)
However, if holding office as a State analyst is a condition of the State analyst holding another office, the State analyst may not resign as a State analyst without resigning from the other office.
s 153ZC
ins 2001 No. 78
s 59
153ZD
Analysis
(1)
If an inspector who, under section 151
(3)
(c), takes a thing for analysis is not a State analyst, the inspector must, as soon as practicable, give it to a State analyst for analysis.
(2)
The State analyst must, as soon as practicable, complete a certificate of analysis for the thing and give the certificate to the inspector.
(3)
If an inspector who takes a thing as mentioned in subsection (1) is a State analyst, the inspector must, as soon as practicable, complete a certificate of analysis for the thing.
(4)
For dealing with a part of a thing mentioned in section 153Y
(1)
(c), subsections (1) and (3) apply as if a reference to a thing were a reference to a part.
s 153ZD
ins 2001 No. 78
s 59
amd 2003 No. 9
s 10
153ZE
Certificate must indicate methodology used
The certificate of analysis must include information about the methodology used to conduct the analysis.
s 153ZE
ins 2001 No. 78
s 59
Division 6
Legal proceedings
div hdg ins 2001 No. 78
s 60
Subdivision 1
Application
sdiv hdg ins 2001 No. 78
s 60
153ZF
Application of division
This division applies to a proceeding under a relevant provision or this part.
s 153ZF
ins 2001 No. 78
s 60
Subdivision 2
Evidence
sdiv hdg ins 2001 No. 78
s 60
153ZG
Appointments and authority
It is not necessary to prove—
(a)
the chief executive’s appointment; or
(b)
the appointment of an inspector or State analyst; or
(c)
the authority of the chief executive, an inspector or State analyst to do anything under this part.
s 153ZG
ins 2001 No. 78
s 60
153ZH
Signatures
A signature purporting to be the signature of the chief executive, an inspector or State analyst is evidence of the signature it purports to be.
s 153ZH
ins 2001 No. 78
s 60
153ZI
Evidentiary aids
(1)
A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—
(a)
a stated document is an appointment, endorsement or notice made, given, issued or kept under a relevant provision or this part;
(b)
a stated document is a document given to the chief executive under a relevant provision;
(c)
a stated document is a copy of a thing mentioned in paragraph (a) or (b);
(d)
on a stated day, or during a stated period, a stated person was or was not the holder of an endorsement;
(e)
on a stated day, or during a stated period, an endorsement—
(i)
was or was not in force; or
(ii)
was or was not subject to a stated condition;
(f)
on a stated day, an endorsement was suspended or cancelled;
(g)
on a stated day, or during a stated period, an appointment as an inspector or State analyst was, or was not, in force for a stated person;
(h)
on a stated day, a stated person was given a stated notice under this part;
(i)
on a stated day, a stated requirement was made under a relevant provision or this part of a stated person.
(2)
A statement in a complaint for an offence against a relevant provision or this part that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.
(3)
A certificate purporting to be that of a State analyst in relation to a thing taken by an inspector at a place under section 151
(3)
(c), or seized under section 153A or 153B, stating any of the following matters is evidence of the matters—
(a)
the analyst’s qualifications;
(b)
the analyst took, or received from a stated person, the thing;
(c)
the thing was analysed at a stated place on a stated day or during a stated period;
(d)
the methodology used to analyse the thing;
(e)
the results of the analysis.
(4)
In a proceeding in which the chief executive applies under section 153ZK to recover costs incurred by the chief executive, a certificate by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.
s 153ZI
ins 2001 No. 78
s 60
Subdivision 3
Proceedings
sdiv hdg ins 2001 No. 78
s 60
153ZJ
Summary proceedings for offences against a relevant provision or this part
(1)
A proceeding for an offence against a relevant provision or this part is to be taken in a summary way under the
Justices Act 1886
.
(2)
The proceeding must start—
(a)
within 1 year after the commission of the offence; or
(b)
within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.
s 153ZJ
ins 2001 No. 78
s 60
153ZK
Recovery of costs of investigation
(1)
This section applies if—
(a)
a court convicts a person of an offence against a relevant provision or this part; and
(b)
the chief executive applies to the court for an order against the person for the payment of the costs the chief executive has incurred in taking a thing, conducting an analysis or doing something else during the investigation of the offence; and
(c)
the court finds the chief executive has reasonably incurred the costs.
(2)
The court may order the person to pay the chief executive an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.
(3)
This section does not limit the court’s powers under the
Penalties and Sentences Act 1992
or another law.
s 153ZK
ins 2001 No. 78
s 60
153ZL
Application for order for payment of costs under s 153ZK
(1)
An application to a court under section 153ZK is, and any order made by the court on the application is, a judgment in the court’s civil jurisdiction.
(2)
Any issue on the application is to be decided on the balance of probabilities.
s 153ZL
ins 2001 No. 78
s 60
153ZM
Responsibility for acts or omissions of representatives
(1)
This section applies in a proceeding for an offence against a relevant provision or this part.
(2)
If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
(a)
the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)
the representative had the state of mind.
(3)
An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.
(4)
In this section—
representative means—
(a)
for a corporation—an executive officer, employee or agent of the corporation; or
(b)
for an individual—an employee or agent of the individual.
state of mind, of a person, includes—
(a)
the person’s knowledge, intention, opinion, belief or purpose; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
s 153ZM
ins 2001 No. 78
s 60
153ZN
Executive officer may be taken to have committed offence
(1)
If a corporation commits an offence against a provision of this Act, each executive officer of the corporation is taken to have also committed the offence if—
(a)
the officer authorised or permitted the corporation's conduct constituting the offence; or
(b)
the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
(2)
The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence.
(3)
This section does not affect either of the following—
(a)
the liability of the corporation for the offence;
(b)
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.
s 153ZN
ins 2001 No. 78
s 60
sub 2013 No. 51
s 65
Division 7
Appeals
div hdg ins 2001 No. 78
s 61
153ZO
Who may appeal
An owner of a thing forfeited to the State under section 153G
(1)
(c) who is dissatisfied with the decision resulting in the forfeiture may appeal against the decision.
s 153ZO
ins 2001 No. 78
s 61
153ZP
Starting an appeal
(1)
An appeal may be started at—
(a)
the Magistrates Court nearest the place where the person lives or carries on business; or
(b)
a Magistrates Court at Brisbane.
(2)
The notice of appeal under the
Uniform Civil Procedure Rules 1999
must be filed with the registrar of the court within 28 days after—
(a)
if the person is given notice of the decision under section 153G
(3)—the day the person is given the notice; or
(b)
if paragraph (a) does not apply—the day the person otherwise becomes aware of the forfeiture.
(3)
The court may, at any time, extend the time for filing the notice of appeal.
s 153ZP
ins 2001 No. 78
s 61
153ZQ
Hearing procedures
(1)
In hearing the appeal, the court is not bound by the rules of evidence and must comply with natural justice.
(2)
The appeal is by way of rehearing, unaffected by the inspector’s decision, on the material before the inspector and any further evidence allowed by the court.
s 153ZQ
ins 2001 No. 78
s 61
153ZR
Powers of court on appeal
(1)
In deciding the appeal, the court may confirm the inspector’s decision or substitute another decision for the inspector’s decision.
(2)
The chief executive or inspector must give effect to the court’s decision.
s 153ZR
ins 2001 No. 78
s 61
153ZS
Appeal to District Court
An appeal lies to the District Court from a decision of a Magistrates Court under section 153ZR, but only on a question of law.
s 153ZS
ins 2001 No. 78
s 61
Division 8
Miscellaneous
div hdg ins 2001 No. 78
s 61
153ZT
Protecting officials from liability
(1)
An official is not civilly liable for an act done, or omission made, honestly and without negligence under a relevant provision or this part.
(2)
If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(3)
In this section—
official means—
(a)
the chief executive; or
(b)
an inspector or State analyst; or
(c)
a person acting under the direction of an inspector.
s 153ZT
ins 2001 No. 78
s 61
154
Proceedings by indictment and contracts not to be affected
s 154
amd 1981 No. 44
s 4
sch 1
om 2001 No. 78
s 62
154A
Administration of Part 4A
s 154A
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
154B
Constitution of Queensland Health Education Council
s 154B
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
154C
To be a body corporate
s 154C
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
154D
Dissolution of Cancer Trust
s 154D
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
154E
Functions of the Council
s 154E
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
154F
Queensland Health Education Council Fund
s 154F
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
154AF
Audit
s 154AF
ins 1975 No. 70
s 24
om 1975 No. 70
s 25
(1)
154G
Regulations
s 154G
ins 1945 9 Geo 6 No. 9 s 6
om 1975 No. 70
s 25
(1)
Part 4B
QUEENSLAND RADIUM INSTITUTE
pt hdg ins 1945 9 Geo 6 No. 9 s 7
om 1991 No. 24
s 7.3 sch 3
154H
Administration of Part 4B
s 154H
ins 1945 9 Geo 6 No. 9 s 7
om 1991 No. 24
s 7.3 sch 3
154I
Constitution of the Queensland Radium Institute
s 154I
ins 1945 9 Geo 6 No. 9 s 7
sub 1959 8 Eliz 2 No. 57 s 74
amd 1964 No. 71
s 5; 1976 No. 88 No. 13; 1978 No. 65
s 22; 1982 No. 57
s 34
om 1991 No. 24
s 7.3 sch 3
154J
To be a body corporate
s 154J
ins 1945 9 Geo 6 No. 9 s 7
amd 1982 No. 57
s 35
om 1991 No. 24
s 7.3 sch 3
154K
Funds of Institute
s 154K
ins 1945 9 Geo 6 No. 9 s 7
sub 1982 No. 57
s 36
om 1991 No. 24
s 7.3 sch 3
154KA
Audit of accounts
s 154KA
ins 1982 No. 57
s 37
om 1991 No. 24
s 7.3 sch 3
154L
Regulations
s 154L
ins 1945 9 Geo 6 No. 9 s 7
amd 1982 No. 57
s 38
om 1991 No. 24
s 7.3 sch 3
Part 5
SCIENTIFIC RESEARCH AND STUDIES
pt hdg ins 1964 No. 71
s 6
om 2005 No. 48
s 492
sch 1
154M
Authority to conduct scientific research and studies
s 154M
ins 1964 No. 71
s 6
amd 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
154N
Information obtained and reports made under this part
s 154N
ins 1964 No. 71
s 6
amd 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
Part 6
Miscellaneous provisions
154O
Application of pt 6
s 154O
ins 2001 No. 78
s 63
om 2005 No. 48
s 492
sch 1
155
Vessels or aircraft
s 155
amd 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
156
Notice of action
s 156
om 1974 No. 75
s 4
sch 1
157
Source of information or reports
s 157
om 2005 No. 48
s 492
sch 1
158
Protection to persons acting in execution of Act
s 158
sub 1980 No. 61
s 4
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
159
No officer to be concerned in contract
s 159
amd 1959 8 Eliz 2 No. 57 s 75; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44
om 2005 No. 48
s 492
sch 1
160
Entry
s 160
amd 1975 No. 70
s 26; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
161
Compensation in case of damage
s 161
om 2005 No. 48
s 492
sch 1
162
Compensation payable, how to be fixed
s 162
amd 1959 8 Eliz 2 No. 57 s 76
om 2005 No. 48
s 492
sch 1
163
Local laws
s 163
om 2005 No. 48
s 492
sch 1
164
Service of notice
s 164
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
165
Offences
s 165
amd 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
166
Neglect of duty by officer an offence
s 166
amd 1959 8 Eliz 2 No. 57 s 77; 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
167
Obstructing execution of Act
s 167
amd 1959 8 Eliz 2 No. 57 s 78; 1975 No. 70
s 28
sch 1; 1987 No. 22 ss
42, 44; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
168
Duty of police officers
s 168
amd 1975 No. 70
s 28
sch 1; 1987 No. 22
s 44; 1995 No. 57
s 4
sch 1
om 2000 No. 5
s 373
sch 2
168A
Power to obtain search warrant in certain cases
s 168A
ins 1939 3 Geo 6 No. 34 s 11
om 2000 No. 5
s 373
sch 2
168B
Blood transfusions to minors
s 168B
ins 1959 8 Eliz 2 No. 57 No. 79
amd 1974 No. 57
s 8
sch 1
om 1979 No. 74
s 54
(4)
169
Prosecution of offences
s 169
amd 1993 No. 70
s 804 sch
om 1995 No. 57
s 4
sch 1
170
Power to proceed against local government for nuisance
s 170
amd 1987 No. 22
s 43; 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
171
Who may act for local government in cases of emergency
s 171
amd 1993 No. 70
s 804 sch
om 2005 No. 48
s 492
sch 1
172
No abatement
s 172
om 2005 No. 48
s 492
sch 1
173
Reference to ‘owner’ and ‘occupier’
s 173
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
174
Contribution
s 174
om 2005 No. 48
s 492
sch 1
175
General penalty
Every person who contravenes of fails to comply with any provision of this Act shall be guilty of an offence and liable, if no other penalty is imposed, to a penalty not exceeding 20 penalty units.
s 175
amd 1959 8 Eliz 2 No. 57 s 80; 1975 No. 70
s 28
sch 1; 1978 No. 65
s 23; 1987 No. 22
s 44
176
Recovery of penalties etc.
s 176
amd 1939 3 Geo 6 No. 34 s 12; 1971 No. 20
s 24; 1993 No. 70
s 804 sch; 1995 No. 57
s 4
sch 1
om 2005 No. 48
s 492
sch 1
177
Limitation of time for summary proceedings to be taken
s 177
sub 1971 No. 20
s 25
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 14
(1)
sch 1
om 2005 No. 48
s 492
sch 1
178
Evidence
In any legal proceeding under this Act—
(f)
where it is necessary or proper to prove in respect of any particular article or substance that it conforms to any of the following descriptions, namely—
(i)
that it is a poison; or
(ii)
that it consists of or contains poison; or
(iii)
that it is a restricted drug; or
(iv)
that it is a controlled drug;
then in every such case—
(v)
evidence that any substance commonly sold under the same name or description as the said particular article or substance conforms to any of the descriptions contained in subparagraph (i), (ii), (iii) or (iv) shall be prima facie evidence that the said particular article or substance also conforms to the same description accordingly;
(vi)
evidence that any particular article or substance bears any inscription required by the regulations in respect of any substance or class of substances shall be prima facie evidence that that particular article or substance is a substance, or belongs to the class of substances, in respect of which that inscription is so required;
(vii)
evidence that the container in which any particular article or substance is contained is labelled as required, or bears any inscription required by the regulations in respect of containers containing any substance or class of substances shall be prima facie evidence that that particular article or substance is a substance, or belongs to a class of substances, the containers of which are so required to be labelled or to bear that inscription.
s 178
amd 1959 8 Eliz 2 No. 57 s 81; 1971 No. 20
s 2; 1976 No. 41
s 6; 1986 No. 36
s 60
(1)
sch 6 pt 1; 1990 No. 59
s 2.10; 1995 No. 57
s 4
sch 1; 1996 No. 60
s 16; 1998 No. 41
s 14
(1)
sch 1; 2005 No. 48
s 492
sch 1
179
Power of local governments to borrow for certain works
s 179
om 1993 No. 70
s 804 sch
180
Regulation-making power
(1)
The Governor in Council may make regulations under this Act.
(2)
A regulation may be made under this section with respect to any of the following matters—
(f)
prescribing penalties of not more than 80 penalty units for offences against a regulation.
s 180
ins 1975 No. 70
s 27
amd 1988 No. 25
s 42; 1991 No. 97
s 3
sch 2
sub 1992 No. 36
s 2
sch 1
amd 1995 No. 57
s 4
sch 1; 1998 No. 41
s 12; 2005 No. 48
s 492
sch 1
181
References to certain regulations and provisions
s 181
orig s 181 ins 1995 No. 57
s 4
sch 1
exp 28 November 1995 (see s 181
(2))
prev s 181 ins 1996 No. 60
s 15
om 2005 No. 48
s 492
sch 1
Part 7
TRANSITIONAL PROVISIONS FOR THE HEALTH AND OTHER LEGISLATION AMENDMENT ACT 1998
pt hdg ins 1995 No. 57
s 4
sch 1
sub 1998 No. 41
s 13
om 2005 No. 48
s 492
sch 1
182
Chief health officer may transfer documents to chief executive
s 182
ins 1995 No. 57
s 4
sch 1
sub 1998 No. 41
s 13
om 2005 No. 48
s 492
sch 1
183
Preservation of certain evidentiary matters
s 183
prev s 183 ins 1995 No. 57
s 4
sch 1 (amd 1996 No. 60
s 68)
AIA s 20A applies (see s 183
(4)
exp 28 November 1995 (see s 183
(5))
pres s 183 ins 1998 No. 41
s 13
om 2005 No. 48
s 492
sch 1
183A
Validation of order under s 95
s 183A
ins 1995 No. 52
s 16
exp 2 February 1996 (see s 183A
(3))
Part 8
Transitional provisions
pt hdg ins 2001 No. 78
s 64
sub 2008 No. 53
s 13
Division 1
Transitional provisions for Health Legislation Amendment Act 2001
div hdg ins 2008 No. 53
s 13
184
Transitional provision for things done etc. before this section commences
(1)
Subsection (2) applies in relation to anything done, omitted or started under, or in relation to, a section 184 provision before the commencement.
(2)
The pre-amended Act continues to apply as if the
Health Legislation Amendment Act 2001
had not been passed.
(3)
Subsections (1) and (2) do not limit the
Acts Interpretation Act 1954
, section 20.
(4)
Without limiting subsections (1) to (3), a proceeding for an offence against a section 184 provision committed before the commencement may be started or continued, and the pre-amended Act applies in relation to the proceeding, as if the
Health Legislation Amendment Act 2001
had not been passed.
(5)
In this section—
commencement means the commencement of this section.
pre-amended Act means this Act as in force before the commencement.
relevant provision means a relevant provision as in force before the commencement.
repealed provision means any of sections 132 to 151 of the pre-amended Act.
section 184 provision means a relevant provision or a repealed provision.
s 184
prev s 184 ins 1995 No. 57
s 4
sch 1
om R2 (see RA s 37)
pres s 184 ins 2001 No. 78
s 64
185
Transitional provisions about certain authorities
(1)
Subsection (2) applies if, immediately before the commencement, a person’s authority under section D2 of the repealed regulation to take an old action in relation to all dangerous drugs and restricted drugs was cancelled under section D3 of that regulation.
(2)
To remove any doubt, it is declared that starting on the commencement, the person’s authority under the new regulation to take a new action in relation to all controlled drugs and restricted drugs is taken to be cancelled by a decision of the chief executive properly made under chapter 1, part 5, division 4 of the new regulation, and subject to subsection (5), continues to be cancelled.
(3)
Subsection (4) applies if, immediately before the commencement, a person’s authority under section D2 of the repealed regulation to take an old action in relation to a particular substance that was a dangerous drug or restricted drug under that regulation was cancelled under section D3 of that regulation.
(4)
To remove any doubt, it is declared that starting on the commencement, the person’s authority under the new regulation to take a new action in relation to the substance is taken to be cancelled by a decision of the chief executive properly made under chapter 1, part 5, division 4 of the new regulation, and subject to subsection (5), continues to be cancelled.
(5)
Subsections (2) and (4) do not prevent the chief executive repealing, under section 26A of the new regulation, the decision of the chief executive.
(6)
In this section—
commencement means the commencement of the new regulation.
new action means administer, dispense, issue, obtain, possess, including possess at a particular place, prescribe, sell or supply.
new regulation means the
Health (Drugs and Poisons) Regulation 1996
.
old action means administer, buy, dispense, obtain, possess, including possess on particular premises or at a particular place, prescribe, procure or offer to procure, sell, or supply or offer to supply.
repealed regulation means the
Poisons Regulation 1973
.
s 185
ins 2001 No. 78
s 64
Division 2
Transitional provision for Corrective Services and Other Legislation Amendment Act 2008
div hdg ins 2008 No. 53
s 14
om 2013 No. 39
s 109
sch 2
186
s 186
ins 2008 No. 53
s 14
om 2013 No. 39
s 109
sch 2
sch A om 1991 No. 97 s 3 sch 2
sch B amd 1973 No. 29 s 16
om 1995 No. 57 s 4 sch 1
sch C ins 1945 9 Geo 6 No. 9 s 8
om 1978 No. 65 s 24