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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Amendment Bill
1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of various Acts 2
4 Repeal of Pathology Laboratories Accreditation Act 1981 2
Schedules
1 Amendment of Public Health Act 1991 No 10 3
2 Amendment of Poisons and Therapeutic Goods Act 1966
No 31 6
3 Amendment of Dental Technicians Registration Act 1975
No 40 8
4 Amendment of Nurses Act 1991 No 9 9
5 Amendment of Optometrists Act 1930 No 20 10
6 Amendment of Physiotherapists Registration Act 1945
No 9 11
7 Amendment of Pharmacy Act 1964 No 48 12
8 Amendment of Human Tissue Act 1983 No 164 13
9 Amendment of Health Services Act 1997 No 154 14
10 Amendment of Public Finance and Audit Act 1983 No 152 16
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Health Legislation Amendment Bill
1999
Act No , 1999
An Act to repeal the Pathology Laboratories Accreditation Act 1981; to make
miscellaneous amendments to various Acts relating to health and associated
matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Health Legislation Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Health Legislation Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of various Acts
Each Act specified in Schedule 1-10 is amended as set out in those
Schedules.
4 Repeal of Pathology Laboratories Accreditation Act 1981
The Pathology Laboratories Accreditation Act 1981 is repealed.
Page 2
Health Legislation Amendment Bill 1999
Amendment of Public Health Act 1991 No 10 Schedule 1
Schedule 1 Amendment of Public Health Act 1991
No 10
(Section 3)
[1] Part 5, heading
Omit the heading to Part 5. Insert instead:
Part 5 General health matters
[2] Section 51
Insert after the heading to Part 5:
51 Skin penetration procedures--power of environmental health
officers to enter and inspect premises
(1) An environmental health officer who believes on reasonable
grounds that premises are used for the carrying on of skin
penetration procedures may enter the premises and do any one
or more of the following on those premises:
(a) inspect the premises,
(b) make inquiries of any person found on the premises,
(c) examine, inspect or test any apparatus, equipment or
works,
(d) take and remove samples of any substance or other
thing,
(e) require the samples referred to in paragraph (d) to be
taken and given to the environmental health officer or
another person or to the Director-General,
(f) take such photographs, films and audio, video and other
recordings as the environmental health officer considers
necessary,
(g) require records to be produced for inspection,
(h) examine, inspect and copy any records,
Page 3
Health Legislation Amendment Bill 1999
Schedule 1 Amendment of Public Health Act 1991 No 10
(i) make such other examinations, inquiries and tests as the
environmental health officer considers necessary.
(2) Section 72 (Powers of entry) applies in relation to the exercise
of powers conferred by this section.
(3) In this section:
skin penetration procedure means any of the following
procedures:
(a) acupuncture,
(b) tattooing,
(c) ear piercing,
(d) hair removal,
(e) any other procedure (whether medical or not) that
involves skin penetration,
(f) any other procedure prescribed by the regulations,
but does not include:
(g) a procedure carried out in the practice of medicine or
dentistry by:
(i) a medical practitioner registered under the
Medical Practice Act 1992, or
(ii) a dentist registered under the Dentists Act 1989,
or
(iii) a person acting under the direction or
supervision of such a medical practitioner or
dentist, or
(h) any other procedure prescribed by the regulations.
[3] Part 6, heading
Omit the heading to Part 6. Insert instead:
Part 6 Tobacco and other smoking products
Page 4
Health Legislation Amendment Bill 1999
Amendment of Public Health Act 1991 No 10 Schedule 1
[4] Section 53 Definitions
Insert in alphabetical order:
non-tobacco smoking product means any product (other than
a tobacco product) that is intended to be smoked, and includes
any product known or described as herbal cigarettes.
[5] Section 59 Sale of tobacco and non-tobacco smoking products to
minors
Insert after section 59 (1):
(1A) A person who sells a non-tobacco smoking product to a person
who is under the age of 18 years is guilty of an offence.
Maximum penalty: 50 penalty units.
[6] Section 59 (2)
Omit "subsection (1)". Insert instead "this section".
[7] Section 59 (2) (a) and (b)
Insert "or non-tobacco smoking product" after "tobacco product" wherever
occurring.
[8] Section 59 (4)
Insert "or non-tobacco smoking products" after "tobacco products"
wherever occurring.
[9] Section 59 (5)
Insert after section 59 (4):
(5) Section 61R does not apply to an offence under subsection
(1A).
Page 5
Health Legislation Amendment Bill 1999
Schedule 2 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
Schedule 2 Amendment of Poisons and Therapeutic
Goods Act 1966 No 31
(Section 3)
[1] Section 4 Definitions
Omit paragraph (b) from the definition of Commonwealth administrative
laws in section 4 (1).
[2] Section 27 Definitions
Omit the definition of addict.
[3] Section 27
Insert at the end of the section:
drug dependent person means a person who has acquired, as
a result of repeated administration of:
(a) a drug of addiction, or
(b) a prohibited drug within the meaning of the Drug
Misuse and Trafficking Act 1985,
an overpowering desire for the continued administration of
such a drug.
[4] Section 28 Prohibition on prescribing drugs of addiction in certain
cases
Omit "an addict" from section 28 (b).
Insert instead "a drug dependent person".
[5] Section 29 Director-General may authorise prescription or supply of
drugs of addiction
Omit section 29 (2). Insert instead:
(2) Any such application may be referred by the Director-General
to the Medical Committee.
Page 6
Health Legislation Amendment Bill 1999
Amendment of Poisons and Therapeutic Goods Act 1966 No 31 Schedule 2
[6] Section 33E Application of Commonwealth administrative laws to
applied provisions
Insert after section 33E (3):
(4) Any provision of a Commonwealth administrative law
applying because of this section that purports to confer
jurisdiction on a federal court is taken not to have that effect.
[7] Section 33K Jurisdiction of courts
Omit the section.
Page 7
Health Legislation Amendment Bill 1999
Schedule 3 Amendment of Dental Technicians Registration Act 1975 No 40
Schedule 3 Amendment of Dental Technicians
Registration Act 1975 No 40
(Section 3)
Section 34AA
Insert after section 34:
34AA Board may waive fees
The board may, for any reason the board considers sufficient,
exempt a person from the requirement to pay a fee, or waive or
wholly or partly refund a fee, that would otherwise be payable
or has been paid in accordance with this Act or the regulations.
Page 8
Health Legislation Amendment Bill 1999
Amendment of Nurses Act 1991 No 9 Schedule 4
Schedule 4 Amendment of Nurses Act 1991 No 9
(Section 3)
Section 75A
Insert after section 75:
75A Board may waive fees
The Board may, for any reason the Board considers sufficient,
exempt a person from the requirement to pay a fee, or waive or
wholly or partly refund a fee, that would otherwise be payable
or has been paid in accordance with this Act or the regulations.
Page 9
Health Legislation Amendment Bill 1999
Schedule 5 Amendment of Optometrists Act 1930 No 20
Schedule 5 Amendment of Optometrists Act 1930
No 20
(Section 3)
Section 33A
Insert after section 33:
33A Board may waive fees
The board may, for any reason the board considers sufficient,
exempt a person from the requirement to pay a fee, or waive or
wholly or partly refund a fee, that would otherwise be payable
or has been paid in accordance with this Act or the regulations.
Page 10
Health Legislation Amendment Bill 1999
Amendment of Physiotherapists Registration Act 1945 No 9 Schedule 6
Schedule 6 Amendment of Physiotherapists
Registration Act 1945 No 9
(Section 3)
Section 32AA
Insert after section 32:
32AA Board may waive fees
The Board may, for any reason the Board considers sufficient,
exempt a person from the requirement to pay a fee, or waive or
wholly or partly refund a fee, that would otherwise be payable
or has been paid in accordance with this Act or the regulations.
Page 11
Health Legislation Amendment Bill 1999
Schedule 7 Amendment of Pharmacy Act 1964 No 48
Schedule 7 Amendment of Pharmacy Act 1964 No 48
(Section 3)
[1] Section 26 Restrictions on carrying on business of a pharmacist in
pharmacies
Omit "one partnership" from section 26 (2).
Insert instead "3 partnerships".
[2] Section 36 Fees
Insert after section 36 (6):
(7) The Board may, for any reason the Board considers sufficient,
exempt a person from the requirement to pay a fee, or waive or
wholly or partly refund a fee, that would otherwise be payable
or has been paid in accordance with this Act.
Page 12
Health Legislation Amendment Bill 1999
Amendment of Human Tissue Act 1983 No 164 Schedule 8
Schedule 8 Amendment of Human Tissue Act 1983
No 164
(Section 3)
[1] Section 20 Consents to removal of blood from children
Omit section 20 (a) and (b). Insert instead:
(a) the child is in agreement with the removal of blood
from the child's body, and
(b) in the case of a child who is under 16 years of age, a
medical practitioner advises the parent or guardian that
the removal of blood is not likely to be prejudicial to the
health of the child.
[2] Section 20 (2)
Insert at the end of section 20:
(2) Such a consent given in relation to a child aged 16 or 17 years
of age (unless given for the removal of blood on a particular
occasion only) is ongoing but can be withdrawn either by the
parent or guardian who gave it or by the child ceasing to be in
agreement.
Page 13
Health Legislation Amendment Bill 1999
Schedule 9 Amendment of Health Services Act 1997 No 154
Schedule 9 Amendment of Health Services Act 1997
No 154
(Section 3)
[1] Section 90 Appointment of arbitrator by relevant Minister
Omit "the President or".
[2] Section 90
Insert "nominated by the President of the Commission" after "Industrial
Relations Commission".
[3] Section 127 Determination of subsidies
Insert after section 127 (3):
(3A) The Minister may vary a determination under subsection (3) in
such circumstances as the Minister considers appropriate.
[4] Sections 127A and 127B
Insert after section 127:
127A Deferral of payment of subsidy
The Minister may determine that payment of the whole or any
part of an amount payable under section 127 in a financial year
is to be deferred until a subsequent financial year. Payment is
deferred in accordance with such a determination.
127B Loans to public health organisations
(1) The Minister may determine that an amount of money is to be
lent to an area health service, statutory health corporation or
affiliated health organisation, out of money appropriated from
the Consolidated Fund to the Minister.
(2) Any such amount is to be lent in accordance with that
determination and on such terms and conditions as the Minister
determines.
Page 14
Health Legislation Amendment Bill 1999
Amendment of Health Services Act 1997 No 154 Schedule 9
(3) The loans made pursuant to subsection (1) must not result in
expenditure in excess of forward estimates.
(4) The Public Authorities (Financial Arrangements) Act 1987
does not apply to a loan made under this section.
[5] Schedule 7 Savings and transitional provisions
Insert at the end of clause 1 (1):
Health Legislation Amendment Act 1999
[6] Schedule 7, Part 3
Insert at the end of Schedule 7:
Part 3 Provisions consequent on the enactment of
the Health Legislation Amendment Act 1999
55 Validation of loans to public health organisations
Any loan made before the commencement of this clause to an
area health service, statutory health corporation or affiliated
health organisation out of money appropriated from the
Consolidated Fund to the Minister for Health is validated.
Page 15
Health Legislation Amendment Bill 1999
Schedule 10 Amendment of Public Finance and Audit Act 1983 No 152
Schedule 10 Amendment of Public Finance and Audit
Act 1983 No 152
(Section 3)
Schedule 2 Statutory bodies
Omit "Pathology Laboratories Accreditation Board".
Page 16
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