but does not include hairdressing, tattooing or skin penetration; birth means a birth or stillbirth that is required to be registered under the Births, Deaths and Marriages Registration Act 1996; S. 3(1) def. of brothel amended by No. 63/2010 s. 81(Sch. item 9.1). brothel has the same meaning as in section 3(1) of the Sex Work Act 1994; brothel proprietor means the proprietor of the brothel or the person in charge of the brothel; business includes manufacture, process or occupation; CCOPMM means the Consultative Council on Obstetric and Paediatric Mortality and Morbidity continued under section 44; Chief Health Officer means the person appointed as Chief Health Officer under section 20; child means a person under 18 years of age; s. 3 Note See also subsection (2). children's services centre means any premises or place where a children's service within the meaning of section 3(1) of the Children's Services Act 1996 operates;
consult with the Minister administering the Local Government Act 1989 before making the recommendation. (5) If an Order in Council under this section specifies a Council for the purposes of subsection (2)(c), then, for the purposes of the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, that area is taken to be part of the municipal district of the Council specified in the Order. (6) If an Order in Council is made in relation to the Secretary under subsection (2)(d), then, for the purposes of the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, a reference in a provision of that Division or those Divisions to a Council is taken to be a reference to the Secretary. (7) Any provisions of this Act that are necessary to give effect to the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, extend and apply by virtue of this section with any modifications as are necessary. 13 Act binds the Crown s. 13 (1) This Act binds the Crown—
regulations to the Secretary, the Chief Health Officer or another Council if the Council considers that the disclosure would assist the Secretary, the Chief Health Officer or the Council to perform their duties or functions or exercise their powers under this Act or the regulations. (3) The Secretary or the Chief Health Officer may disclose any information held by the Secretary or the Chief Health Officer under, or for the purposes of, Part 6 or 7 or the regulations made for the purposes of those Parts to a Government Department, statutory body or other person responsible for administering another Act or regulations made under that Act if the Secretary or the Chief Health Officer considers that the disclosure would assist that Government Department, statutory body or other person to perform their duties or functions or exercise their powers under that Act or the regulations made under that Act. (4) A Council may disclose any information that it holds under, or for the purposes of, Part 6 or the regulations made for the purposes of that Part to a Government Department, statutory body or other person responsible for administering another Act or regulations made under that Act if the Council considers that the disclosure would assist that Government Department, statutory body or other person to perform their duties or functions or exercise their powers under that Act or the regulations made under that Act. s. 57
(3) Despite subsection (2)(a), if an application for the renewal of a pest control licence issued section 101(3) is received by the Secretary within the period of 60 days after the pest control licence expired, the renewal of the pest control licence expires on the date specified in the pest control licence being a date not more than 12 months after the date on which the pest control licence expired. (4) Despite subsection (2)(b), if an application for the renewal of a pest control licence issued under section 101(2) is received by the Secretary within the period of 60 days after the pest control licence expired, the renewal of the pest control licence expires on the date specified in the pest control licence being a date not more than 3 years after the date on which the pest control licence expired. (5) In the circumstances specified in subsections (3) and (4)— granting of the renewal of the pest control licence does not affect the unlicensed status of the person between the expiry of the pest control licence and the granting of the renewal; and full prescribed fee for the renewal of the pest control licence must still be paid calculated from the day after which the pest control licence expired. 103 Conditions of pest control licence
the notice, order or other document or a true copy to a person on the premises who is apparently at least 16 years old; or is no person on the premises who can be so served, by fixing the notice, order or other document on some conspicuous part of the premises. s. 221 (4) If a notice, or other document is required to be given to or served on a person whose name and address are unknown, the notice, order or other document may be served by publishing the notice, order or other document in— Government Gazette; and newspaper generally circulating in 3 times at intervals of not less than one week between any 2 publications. (5) Any notice, or other document required to be given to or served on the owner or occupier of any premises may if the name of the owner or occupier is not known be addressed to the owner or occupier by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice, order or other document is given without further name or description. (6) If there are more owners or occupiers than one it is sufficient if the notice, order or other document is served on any one of them and the name of any
powers and duties of a Consultative Council in the performance of the functions of the Consultative Council; powers and duties of a Council Chairperson or other member of a Consultative Council in the performance of his or her functions as a member of the Consultative Council; travelling allowances and other allowances (including the reimbursement of expenses) to be paid to members of a Consultative Council or of a sub-committee, other than a member who is an officer or employee (within the meaning of section 4(1) of the Public Administration Act 2004) of the Department; s. 233 (f) conditions of confidentiality and safe custody of information held or used by a Consultative Council; in respect of the operation by CCOPMM of the perinatal data collection unit; which access to information held by a Consultative Council for the purpose of medical research and studies is to be permitted.
document or other information provided to that Consultative Council under the Health Act 1958 is in the possession of that Consultative Council immediately before that commencement. (3) If this subsection applies, any document or other information referred to in subsection (2)(b) is to be taken to have been provided to the prescribed Consultative Council under this Act. (4) On and from the commencement of this section, the following are to be to be registered under Part 6 on the same terms and conditions which applied immediately before that commencement— accommodation that was registered under Division 1 of Part XII of the Health Act 1958 as in force immediately before that commencement; that were registered under Part XIX of the Health Act 1958 as in force immediately before that commencement. (5) An application for the issue, transfer or renewal of registration of prescribed accommodation or premises made under the Health Act 1958 which has not been dealt with before the commencement of this section is to be taken to have been made under this Act. s. 243 (6) An application for a pest control licence made under the Health Act 1958 which has not been dealt with before the commencement of this
225B of the Disability Act 2006; and 612 of the Children, and Families Act 2005. (6) In this section— commencement day means the day on which section 6 of the Health and Human Services Legislation Amendment Act 2010 comes into operation; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; Secretary to the Department of Services body corporate means the body corporate referred to in section 16, as in force before the commencement day. S. 246B inserted by No. 29/2010 s. 6. 246B Action by Registrar of Titles s. 246B On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in
* * * * s. 247 Pt 12 Div. 5 (Heading and s. 293) repealed by No. 46/2008 s. 293. * * * * * __________________ Sch. amended by No. 13/2010 s. 51(Sch. item 44.5). SCHEDULE Sch. 1 Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 The Society, a health service or an employee, The Society or health service— After the Society or health service supplied blood, the
agent or voluntary worker of the Society or a health service. (a) before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and (b) before supplying the blood or a blood product— (i) caused a sample; or (ii) in the case of a blood product, caused a sample of each unit of blood from which the product was derived— to be tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be); and (c) obtained a negative result from that test or each of tests. Society or health service had reasonable grounds for believing that the blood was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be) and did not take all reasonable steps— (a) to find out whether the blood, or a blood product derived from that blood, had been given to a person; and (b) to ensure that any remaining part of the blood, or a blood product derived from that blood, is not given to any person. Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences
2 A health service or another body at whose premises— (a) blood supplied by the Society or a health service; or (b) a blood product derived from blood supplied by the Society or a health service— is administered or supplied to a person. Either— (a) when the or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating— (i) in the case of blood, that a sample of the blood; and (ii) in the case of a blood product, that a sample of each unit of blood from which the blood product was derived— was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be) and that the result of the test was negative; or If, at any time up to and including the time at which the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used— (a) had been informed that the blood or blood product was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be); and (b) did not take reasonable to ensure that the blood or blood product was not administered to, or used by, any person.
This Version incorporates amendments made to the Public Health and Wellbeing Act 2008 by Acts and subordinate instruments. Where a provision has expired, the provision has been omitted and an explanatory sidenote included. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 293 on 1.7.11: s. 293 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Assisted Reproductive Treatment Act 2008, No. 76/2008 Assent Date: 11.12.08 Commencement Date: Ss 157, 158 on 1.1.10: s. 2(3) : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Coroners Act 2008, No. 77/2008 Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 21) on 1.11.09: s. 2 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 99) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 47), (Sch. Pt 2 item 40) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008
Assent Date: 21.12.11 Commencement Date: S. 79(Sch. item 5) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Health Professions Registration (Repeal) Act 2012, No. 27/2012 Assent Date: 29.5.12 Commencement Date: S. 22 on 1.7.12: s. 2 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012 Assent Date: 18.9.12 Commencement Date: S. 23 on 19.9.12: s. 2(1) : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Explanatory Details Endnotes No entries at date of publication.