(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— right of the State of ; and the extent that the legislative power of the Parliament permits, in all its other capacities. (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations. 14 Extra-territorial operation of Divisions 2 and 8 of Part 8 (1) It is the intention of the Parliament that the operation of Divisions 2 and 8 of Part 8 should, so far as possible, include operation in relation to the following— situated outside , whether in or outside ; situated outside , whether in or outside ; omissions and transactions done, entered into or occurring outside , whether in or outside ; acts, omissions and transactions (wherever situated, done, entered into or
(ii) the determinants of individual health and public health and wellbeing; (iii) the effectiveness of health interventions to improve public health in ; (f) to make recommendations and reports to the Minister with respect to matters relating to public health and wellbeing and to advise the Minister on the operation of this Act and the regulations. 18 Secretary subject to direction of Minister s. 18 In the exercise of the powers, discretions, functions and authorities and in the exercise of the duties conferred or imposed upon the Secretary by or under this or any other Act, the Secretary is subject to the direction and control of the Minister. 19 Delegation by Secretary (1) The Secretary by instrument may delegate to— employee or class of employees employed under Part 3 of the Public Administration Act 2004; or public authority or the chief executive officer (however described) of any public authority; or Council or officer of a Council—
s. 64 Proceedings for an offence against section 61 can only be instituted by the Council of a municipal district in which the nuisance in respect of which the proceedings are to be brought exists wholly or partly. 65 Power of Council to investigate nuisance outside its municipal districts A Council may investigate a nuisance which exists outside its municipal district if that nuisance affects the Council's municipal district. 66 Nuisance on unoccupied land or occupied and owner unknown or cannot be found s. 66 (1) This section applies if a nuisance exists on, or emanates from— land, the owner of which is unknown or cannot be found; or land, the occupier and owner of which are unknown or cannot be found. (2) If this section applies, the Council, in whose municipal district the land is wholly or partly located, may— and take steps to abate the nuisance; and all things necessary for that abatement. (3) If a Council is abating a nuisance subsection (2), another Council is not competent under this Division to abate that nuisance.
sex worker suspects that the client is infected with an infectious disease; or client has refused to use a condom. In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. 161 Evidence of medical examination s. 161 (1) A brothel proprietor must take reasonable steps to ensure that written or oral evidence of the sex worker's attendance at a medical examination or the results of that examination is not displayed or used to induce a client to believe that a sex worker is free from infection with an infectious disease. 60 penalty units. (2) An escort agency proprietor must take reasonable steps to ensure that written or oral evidence of the sex worker's attendance at a medical examination or the results of that examination is not displayed or used to induce a client to believe that a sex worker is free from infection with an infectious disease. 60 penalty 162 Information to sex workers and clients s. 162 (1) A brothel proprietor must provide easily accessible written information about the
relating generally to the notification of any notifiable condition or notifiable relating generally to the collection and analysis of information about infectious diseases; the purposes of Division 4 of Part 8, matters relating the notification of test results for HIV and other prescribed diseases including— classes of persons who may advise of a positive test result or provide information; (ii) the information that must be provided and the manner in the information is to be provided; infectious disease as a specified infectious disease for the purposes of Division 5 of Part 8; s. 238 diseases for the purposes of Division 7 of Part 8; disease to be a prescribed disease for the purposes of Division 8 of Part 8: conditions to apply in respect of prescribed pathology services performing tests for the purposes of this Act; relating to laboratory services or pathology services forwarding a prescribed
* * * * * __________________ Sch. amended by No. 13/2010 s. 51(Sch. item 44.5). SCHEDULE Sch. TABLE 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, agent or voluntary worker of the Society or a health service. The Society or 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 After the Society or health service supplied blood, the 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
(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 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 those tests. 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 premises— (a) supplied by the Society or a health service; or (b) a product derived from blood supplied by the Society or a health service— is administered or supplied to a person. Either— (a) when the blood 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 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 steps to ensure that the blood or blood product was not administered to, or used by, any person.
Sch. Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences (b) the Society or health service from the blood or blood product was supplied— (i) 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 (ii) before supplying the blood or a blood product— (A) caused a sample; or (B) in the case of a blood product, caused a sample of each unit of blood from which the product was derived—
medical practitioner or a person dealing with tissue. taken from a living person— (i) the donor completed a statement which is in the approved form and published in the Government Gazette before the tissue was taken; and (ii) a sample of the donor's blood 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 (iii) the result of the test was negative; or (b) in the case of tissue (other than semen) taken from the body of a dead person — (i) a sample of the blood of the dead person was tested in a manner which for believing that the tissue or semen was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be) and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with HIV, Hepatitis C or a prescribed disease (as the case may be). Column 1 Person against Column 2 Column 3