Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
specified means specified or described in the
regulations;
transitional matter —
(a)
means a matter or issue of a transitional nature that arises as a result
of —
(i)
the enactment of this Act; or
(ii)
the amendments and repeals effected by the Public Health
(Consequential Provisions) Act 2016 ;
and
(b)
includes a saving or application matter.
(2) If there is not
sufficient provision in this Act for dealing with a transitional matter,
regulations under this Act may prescribe all matters that are required or
necessary or convenient to be prescribed for dealing with the matter.
(3) Regulations made
under subsection (2) may provide that specified provisions of a written
law —
(a) do
not apply to or in relation to any matter; or
(b)
apply with specified modifications to or in relation to any matter.
(4) If regulations
made under subsection (2) provide that a specified state of affairs is
taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the day this section comes into operation, the regulations
have effect according to their terms.
(5) If regulations
made under subsection (2) contain a provision referred to in
subsection (4), the provision does not operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State or an
authority of the State) the rights of that person existing before the day of
publication of those regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
(6) Regulations made
under subsection (2) in relation to a matter referred to in
subsection (3) must be made within such period as is reasonably and
practicably necessary to deal with a transitional matter.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
activity licence
4(1), 64
Advisory Panel 143
affected local government 295(1)
affected person
132
agency 266
applicant 127(1)
appropriate enforcement agency
4(1)
approved form
4(1)
assessable proposal 57
assessment
210
assessment report 63(2)
authorisation 154(1), 176(1), 181(1), 198(1)
authorised officer 4(1), 4(2)
CEO
4(1)
certificate of registration
4(1), 64
certificate requirement 31(1)
Chief
Health Officer 4(1)
child
99, 115, 132, 142(1), 155, 177
child care service
4(1)
class A 26(1)
code
305(1)
commencement day 311(1),
319(1)
Commissioner of Police 4(1)
Committee
319(1)
compliance plan
266
confidential information 302(1)
contact person
132
corresponding law
129(1)
corresponding provision 40(1)
corresponding
public health law 64
Crown
266
Crown authority 266
decision-making
authority 57
Department
4(1)
departmental officer 4(1)
designate
23, 299(1)
designated officer
299(1)
designation 23
direction
198(1)
disability 115, 155,
177
emergency area 4(1)
emergency management
4(1)
emergency management purposes
177
emergency officer 4(1), 199(1)
emergency power 4(1)
employed in the Department
4(1)
enforcement agency
4(1)
enforcement order 4(1)
engage in
conduct 36
environmental health officer
4(1)
exempt person 67(1),
77(1)
exemption 266
exemption-holder
266
exposed person 132
findings
57
first provision
318(1), 318(3)
general public health duty 4(1)
guidelines 299(1)
harm
4(1)
Health Act 307(1)
health professional
174(1)
identity card 31(1)
immunisation status 142(1)
impaired person
155, 177
improvement notice
4(1)
incapable person 99, 115
incumbent
311(1)
infectious disease-related condition
148
informant 237(1)
information
205(1)
information sharing agency
299(1)
inquirer 227
inquiry
227
judicial officer 4(1)
licensable activity 64
local public health plan
45(1)
material public health risk
4(1)
medical examination 4(1)
medical practitioner 4(1)
midwife
4(1)
Minister 266
needle and syringe
programme 4(1)
nominated proposal
63(1)
non-SES organisation 266
notifiable infectious disease 4(1)
notifiable
infectious disease-related condition 4(1)
nurse
4(1)
nurse practitioner
4(1)
occupier 210
officer
4(1), 282(1), 299(1)
order 92(1),
129(1)
other local government 295(1)
person A
26(1)
person in charge
142(1)
personal details 4(1)
poison
197(1)
premises 4(1)
prescribed
condition of health 4(1), 148
production
requirement 31(1)
proponent
57
proposal 57
protected person
99, 115
public authority 4(1)
public health 4(1)
public health assessment
57
public health emergency
4(1)
public health emergency management plan 4(1)
public health official 4(1)
public health order
4(1)
public health plan
42
public health risk 4(1)
public health
risk activity 4(1)
public health state of
emergency 4(1)
public health state of emergency
declaration 4(1)
reasonably suspects
239
record 244(1)
registrable
activity 64
relative
99, 115, 132, 155, 177
relevant counselling 99
relevant information 188(1), 299(1)
relevant
officer 286(1)
relevant person
100(1), 106(3), 124(3), 158(1), 185(1)
relevant to an offence
244(1)
remote communication
4(1)
required information 132
residual term
311(1)
responsible agency
291
responsible Minister 274(3)
responsible
pathologist 93
responsible person
99, 115, 155, 177
reviewable decisions
163(1), 194(1)
sample 4(1)
school
4(1)
senior next of kin 4(1)
senior police officer 4(1)
serious public health
incident power 4(1)
serious public health risk
4(1)
specified 23,
63(1), 322(1)
specified information 298(1)
State
public health plan 43(1)
subsidiary legislation
305(1)
test order 4(1)
thing 244(1)
transitional matter
322(1)
urgently notifiable infectious disease
4(1)
vaccine preventable notifiable infectious disease
4(1)
vary 64
vehicle
4(1)
vessel 4(1)
welfare
services 188(1)
working day
4(1)
World Health Organization 299(1)