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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SCHEDULE 6

[s. 379]

        [Heading inserted: No. 19 of 2016 s. 98.]

1 .         References to Health Act 1911 may be taken to be references to Health (Miscellaneous Provisions) Act 1911

        (1)         A reference in a document (other than a written law) to the Health Act 1911 may be taken to be a reference to the Health (Miscellaneous Provisions) Act 1911 if it would be appropriate in the context to do so.

        (2)         This clause does not prejudice or affect the application of the Interpretation Act 1984 section 16(1).

        [Clause 1 inserted: No. 19 of 2016 s. 98.]

2 .         Continuing effect of things done by Executive Director, Public Health and Executive Director, Personal Health

                A thing done or omitted to be done by, to or in relation to the Executive Director, Public Health or the Executive Director, Personal Health before the day on which the Public Health (Consequential Provisions) Act 2016 section 96 comes into operation (the commencement day ), whether under this Act or any other written law, has the same effect on and from the commencement day, to the extent that it has any force or significance on or after the commencement day, as if it had been done or omitted by, to or in relation to the Chief Health Officer.

        [Clause 2 inserted: No. 19 of 2016 s. 98.]

3 .         References to former titles

        (1)         A reference in a written law or document to the Executive Director, Public Health or the Executive Director, Personal Health may, if the context permits, be taken to be a reference to the Chief Health Officer.

        (2)         A reference in a written law or document to an environmental health officer, medical officer or public health official may, if the context permits, be taken to be a reference to an authorised officer.

        [Clause 3 inserted: No. 19 of 2016 s. 98.]

4 .         Transitional provisions for Local Health Authorities Analytical Committee

                Despite sections 247A(3) and 247BA(1), the members of the Local Health Authorities Analytical Committee who held office immediately before the day on which the Public Health (Consequential Provisions) Act 2016 section 32 comes into operation (the commencement day ) continue in office, under and subject to Part VIIIA, as members of that Committee —

            (a)         in the case of the members appointed under section 247A(3)(a) (as that subsection was in force immediately before the commencement day) —

                  (i)         as if they had been appointed by the Minister on the nomination of WALGA; and

                  (ii)         each with a term of office of 3 years beginning on the commencement day;

                and

            (b)         in the case of the members appointed under section 247A(3)(b) or (c) (as that subsection was in force immediately before the commencement day) —

                  (i)         as if they had been appointed by the Minister on the nomination of WALGA; and

                  (ii)         each with a term of office beginning on the commencement day that is the balance of the member’s term of office remaining immediately before the commencement day.

        [Clause 4 inserted: No. 19 of 2016 s. 98.]

5 .         Transitional provisions for Maternal Mortality Committee, Perinatal and Infant Mortality Committee and Anaesthetic Mortality Committee

        (1)         The persons who held office under Part XIIIA as permanent or provisional members of the Maternal Mortality Committee, or as deputies of members of that Committee, immediately before the coming into operation of the Public Health (Consequential Provisions) Act 2016 section 42 —

            (a)         continue in office, under and subject to Part XIIIA, as members or, as the case requires, deputies of members of that Committee until the expiry of their respective terms (if any); and

            (b)         in the case of those persons who held office as permanent or provisional members, continue in office without distinction as to whether they were appointed as permanent or provisional members.

        (2)         The persons who held office under Part XIIIB as permanent or provisional members of the Perinatal and Infant Mortality Committee, or as deputies of members of that Committee, immediately before the coming into operation of the Public Health (Consequential Provisions) Act 2016 section 55 —

            (a)         continue in office, under and subject to Part XIIIB, as members or, as the case requires, deputies of members of that Committee until the expiry of their respective terms (if any); and

            (b)         in the case of those persons who held office as permanent or provisional members, continue in office without distinction as to whether they were appointed as permanent or provisional members.

        (2A)         The persons who held office under section 340AB(3)(d) as members of the Perinatal and Infant Mortality Committee, or as deputies of those members, immediately before the coming into operation of the Public Health (Consequential Provisions) Act 2016 section 248 continue in office, under and subject to Part XIIIB, as members or, as the case requires, deputies of members of the Committee until the expiry of their respective terms as if they had been appointed by the Minister on the nomination of the chief executive of the health service provider for Perth Children’s Hospital under the Health Services Act 2016 .

        (3)         The persons who held office under Part XIIIC as permanent or provisional members of the Anaesthetic Mortality Committee, or as deputies of members of that Committee, immediately before the coming into operation of the Public Health (Consequential Provisions) Act 2016 section 69 —

            (a)         continue in office, under and subject to Part XIIIC, as members or, as the case requires, deputies of members of that Committee until the expiry of their respective terms (if any); and

            (b)         in the case of those persons who held office as permanent or provisional members, continue in office without distinction as to whether they were appointed as permanent or provisional members.

        [Clause 5 inserted: No. 19 of 2016 s. 98; amended: No. 19 of 2016 s. 276.]


Notes

This is a compilation of the Health (Miscellaneous Provisions) Act 1911 and includes amendments made by other written laws 6, 7 . For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Health Act 1911 8

34 of 1911
(1 Geo. V No. 45)

16 Feb 1911

1 Jun 1911 (see s. 1 and Gazette 3 Mar 1911 p. 961)

Health Act Amendment Act 1911

3 of 1912
(2 Geo. V No. 11)

9 Jan 1912

9 Jan 1912

Health Act Amendment Act 1912

28 of 1912
(3 Geo. V No. 9)

27 Sep 1912

27 Sep 1912

Health Act Amendment Act 1915

55 of 1915
(6 Geo. V No. 22)

8 Dec 1915

8 Dec 1915

Health Act Amendment Act 1918

17 of 1918
(9 Geo. V No. 7)

13 Jun 1918

13 Jun 1918

Health Act Amendment Act 1919

15 of 1919
(10 Geo. V No. 3)

30 Sep 1919

30 Sep 1919

Reprint of the Health Act 1911 in Appendix to Session Volume 1919 (includes amendments listed above)

Health Act Continuation Act 1920

12 of 1920
(11 Geo. V No. 12)

29 Nov 1920

29 Nov 1920

Health Act Amendment Act 1921

5 of 1922
(12 Geo. V No. 39)

31 Jan 1922

31 Jan 1922

Health Act Amendment Act 1926

50 of 1926
(17 Geo. V No. 50)

24 Dec 1926

24 Dec 1926

Reprint of the Health Act 1911 in Appendix to Session Volume 1931 (includes amendments listed above)

Health Act Amendment Act 1932

30 of 1932
(23 Geo. V No. 30)

30 Dec 1932

30 Dec 1932

Health Act Amendment Act 1933

5 of 1933
(24 Geo. V No. 5)

2 Oct 1933

2 Oct 1933

Health Act Amendment Act 1933 (No. 2)

38 of 1933
(24 Geo. V No. 38)
(as amended by No. 16 of 1935)

4 Jan 1934

4 Jan 1934

Health Act Amendment Act 1937

32 of 1937
(1 and 2 Geo. VI No. 32)

18 Jan 1938

18 Jan 1938

Reprint of the Health Act 1911 in Volume 1 of Reprinted Acts (includes amendments listed above)

Health Act Amendment Act 1942

34 of 1942
(6 and 7 Geo. VI No. 34)

23 Dec 1942

23 Dec 1942

Nurses Registration Act Amendment Act 1944 s. 12

14 of 1944
(8 Geo. VI No. 14)

8 Dec 1944

8 Dec 1944

Health Act Amendment Act 1944

21 of 1944
(8 and 9 Geo. VI No. 21)

23 Dec 1944

23 Dec 1944

Reprint of the Health Act 1911 not in a Volume (includes amendments listed above)

Health Act Amendment Act 1948

22 of 1948
(12 Geo. VI No. 22)

18 Nov 1948

18 Nov 1948

Health Act Amendment Act (No. 2) 1948

70 of 1948
(12 and 13 Geo. VI No. 70)

21 Jan 1949

21 Jan 1949

Health Act Amendment Act (No. 3) 1948

71 of 1948
(12 and 13 Geo. VI No. 71)

21 Jan 1949

21 Jan 1949

Reprint of the Health Act 1911 approved 17 Mar 1949 in Volume 3 of Reprinted Acts (includes amendments listed above)

Health Act Amendment Act 1950

25 of 1950
(14 Geo. VI No. 25)

5 Dec 1950

5 Dec 1950

Health Act Amendment Act 1952

11 of 1952
(1 Eliz. II No. 11)

4 Nov 1952

4 Nov 1952

Health Act Amendment Act (No. 2) 1952

25 of 1952
(1 Eliz. II No. 25)

28 Nov 1952

28 Nov 1952

Health Act Amendment Act (No. 2) 1954

34 of 1954
(3 Eliz. II No. 34)

18 Nov 1954

12 Apr 1957 (see s. 2 and Gazette 12 Apr 1957 p. 1081)

Health Act Amendment Act 1954

45 of 1954
(3 Eliz. II No. 45)

8 Dec 1954

8 Dec 1954

Limitation Act 1935 s. 48A(1)

35 of 1935
(26 Geo. V No. 35)
(as amended by No. 73 of 1954 s. 8)

14 Jan 1955

Relevant amendments (see s. 48A and Second Sch. 9 )
took effect on 1 Mar 1955
(see s. 2 and Gazette 18 Feb 1955 p. 343)

Health Act Amendment Act 1955

29 of 1955
(4 Eliz. II No. 29)

15 Nov 1955

15 Nov 1955

Health Act Amendment Act 1956

17 of 1956
(5 Eliz. II No. 17)

26 Oct 1956

26 Oct 1956

Reprint of the Health Act 1911 approved 5 Jun 1957 in Volume 11 of Reprinted Acts (includes amendments listed above)

Health Act Amendment Act 1957

21 of 1957
(6 Eliz. II No. 21)

9 Oct 1957

1 Dec 1957 (see s. 2 and Gazette 29 Nov 1957 p. 3445)

Health Act Amendment Act 1959

22 of 1959
(8 Eliz. II No. 22)

8 Oct 1959

8 Oct 1959

Health Act Amendment Act 1960

23 of 1960
(9 Eliz. II No. 23)

11 Oct 1960

11 Oct 1960

Health Act Amendment Act (No. 2) 1960

38 of 1960
(9 Eliz. II No. 38)

3 Nov 1960

3 Nov 1960

Health Act Amendment Act 1962

33 of 1962
(11 Eliz. II No. 33)

29 Oct 1962

29 Oct 1962

Health Act Amendment Act (No. 3) 1962

49 of 1962
(11 Eliz. II No. 49)

20 Nov 1962

20 Nov 1962

Health Act Amendment Act 1964

18 of 1964
(13 Eliz. II No. 18)

8 Oct 1964

8 Oct 1964

Health Act Amendment Act 1965

8 of 1965

15 Sep 1965

15 Sep 1965

Decimal Currency Act 1965

113 of 1965

21 Dec 1965

Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));
s. 4-9: 14 Feb 1966 (see s. 2(2))

Reprint of the Health Act 1911 approved 1 Jun 1966 in Volume 19 of Reprinted Acts (includes amendments listed above)

Health Act Amendment Act 1966

35 of 1966

31 Oct 1966

16 Dec 1966 (see s. 2 and Gazette 16 Dec 1966 p. 3315)

Health Act Amendment Act 1968

52 of 1968

12 Nov 1968

12 Nov 1968

Health Act Amendment Act 1970

24 of 1970

20 May 1970

1 Oct 1970 (see s. 2 and Gazette 25 Sep 1970 p. 3015)

Age of Majority Act 1972 s. 6(2)

46 of 1972

18 Sep 1972

1 Nov 1972 (see s. 2 and Gazette 13 Oct 1972 p. 4069)

Metric Conversion Act 1972

94 of 1972 (as amended by No. 19, 83 of 1973 and 42 of 1975)

4 Dec 1972

Relevant amendments (see Third Sch. 10 ) took effect on 8 Feb 1974 (see s. 4(2) and Gazette 8 Feb 1974 p. 325);
Relevant amendments (see Fourth Sch. 10 ) took effect on 19 Dec 1975 (see s. 4(2) and Gazette 19 Dec 1975 p. 4577)

Health Act Amendment Act 1973

102 of 1973

28 Dec 1973

22 Mar 1974 (see s. 2 and Gazette 22 Mar 1974 p. 902)

Reprint of the Health Act 1911 approved 14 Apr 1975 (includes amendments listed above except those listed in the Metric Conversion Act 1972 Fourth Sch.)

Health Act Amendment Act 1975

2 of 1975

9 May 1975

Act other than s. 7: 9 May 1975 (see s. 2(1));
s. 7: 6 Feb 1976 (see s. 2(2) and Gazette 6 Feb 1976 p. 273)

Health Act Amendment Act 1976

101 of 1976

17 Nov 1976

18 Feb 1977 (see s. 2 and Gazette 18 Feb 1977 p. 467)

Health Act Amendment Act 1978

47 of 1978

29 Aug 1978

Act other than s. 3(a) and 30: 16 Mar 1979 (see s. 2 and Gazette 16 Mar 1979 p. 676);
s. 3(a) and 30: 21 Dec 1979 (see s. 2 and Gazette 21 Dec 1979 p. 3906)

Acts Amendment and Repeal (Valuation of Land) Act 1978 Pt. VII

76 of 1978

20 Oct 1978

1 Jul 1979 (see s. 2 and Gazette 11 May 1979 p. 1211)

Health Act Amendment Act 1979

72 of 1979

27 Nov 1979

27 Nov 1979

Reprint of the Health Act 1911 approved 14 May 1981 (includes amendments listed above)

Acts Amendment (Statutory Designations) and Validation Act 1981 s. 4 11

63 of 1981

13 Oct 1981

13 Oct 1981

Health Amendment Act 1982

30 of 1982

27 May 1982

30 Jul 1982 (see s. 2 and Gazette 30 Jul 1982 p. 2931)

Human Tissue and Transplant Act 1982 s. 36(2)

116 of 1982

8 Dec 1982

1 Mar 1983 (see s. 2)

Health Legislation Amendment Act 1984 Pt. VIII 12

28 of 1984

31 May 1984

1 Jul 1984 (see s. 2 and Gazette 15 Jun 1984 p. 1629)

Health Amendment Act 1985 13

26 of 1985

6 May 1985

6 Nov 1985 (see s. 2)

Acts Amendment and Repeal (Statutory Bodies) Act 1985 Pt. II

57 of 1985

28 Oct 1985

25 Nov 1985

Acts Amendment (Hospitals) Act 1985 Pt. II

53 of 1985

5 Nov 1985

23 Jan 1987 (see s. 2 and Gazette 23 Jan 1987 p. 179)

Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 14

98 of 1985

4 Dec 1985

1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)

Commercial Arbitration Act 1985 s. 3(1) 15

109 of 1985

7 Jan 1986

1 Apr 1986 (see s. 2 and Gazette 28 Feb 1986 p. 605)

Health Amendment Act 1986

93 of 1986

10 Dec 1986

10 Dec 1986 (see s. 2)

Health Amendment Act 1987 16

80 of 1987 (as amended by No. 8 of 2009 s. 72)

28 Nov 1987

s. 1 and 2: 28 Nov 1987;
Act other than s. 1, 2, 4(d), 83 and 90: 1 Jan 1988 (see s. 2 and Gazette 31 Dec 1987 p. 4567)

Guardianship and Administration Act 1990 s. 123

24 of 1990

7 Sep 1990

20 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811)

Reprint of the Health Act 1911 as at 18 Dec 1990 (includes amendments listed above except those in the Guardianship and Administration Act 1990 )

Tobacco Control Act 1990 s. 38(1) 17

104 of 1990

2 Jan 1991

8 Feb 1991 (see s. 2(1) and Gazette 8 Feb 1991 p. 575)

Health Amendment Act 1991 18, 19

59 of 1991

23 Dec 1991

s. 1 and 2: 23 Dec 1991;
s. 3- 5, 20-24, 28(a): 24 Jan 1992 (see s. 2 and Gazette 24 Jan 1992 p. 349); s. 14, 15, 26, 27 and 28(b),
(c) and (d): 1 Apr 1992
(see s. 2 and Gazette 1 Apr 1992 p. 1427);




s. 25: 1 Jul 1992 (see s. 2 and Gazette 26 Jun 1992 p. 2644);
Pt. 3: 4 Sep 1992 (see s. 2 and Gazette 4 Sep 1992 p. 4453);
Pt. 5: 23 Dec 1992 (see s. 2 and Gazette 23 Dec 1992 p. 6209)

Nurses Act 1992 s. 84

27 of 1992

23 Jun 1992

29 Oct 1993 (see s. 2 and Gazette 29 Oct 1993 p. 5881)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Untitled proclamation published by Gazette 26 Nov 1993 p. 6321

26 Nov 1993

Local Government Amendment Act 1994 s. 42

27 of 1994

23 Jun 1994

1 Jul 1994 (see s. 2)

Acts Amendment (Public Sector Management) Act 1994 s. 3(2)

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Statutes (Repeals and Minor Amendments) Act 1994 s. 4

73 of 1994

9 Dec 1994

9 Dec 1994 (see s. 2)

Pawnbrokers and Second-hand Dealers Act 1994 s. 100

88 of 1994

5 Jan 1995

1 Apr 1996 (see s. 2 and Gazette 29 Mar 1996 p. 1495)

Hospitals Amendment Act 1994 s. 18

103 of 1994

11 Jan 1995

17 Dec 1997 (see s. 2 and Gazette 16 Dec 1997 p. 7313)

Agricultural and Veterinary Chemicals (Western Australia) Act 1995 Pt. 11 Div. 2

3 of 1995

17 May 1995

24 Jun 1995 (see s. 2 and Gazette 23 Jun 1995 p. 2419)

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188

73 of 1995

27 Dec 1995

1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291)

Sentencing (Consequential Provisions) Act 1995 s. 147

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Coroners Act 1996 s. 61

2 of 1996

24 May 1996

7 Apr 1997 (see s. 2 and Gazette 18 Mar 1997 p. 1529)

Local Government (Consequential Amendments) Act 1996 s. 4 20

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Health Amendment Act 1996

28 of 1996

22 Jul 1996

s. 1 and 2: 22 Jul 1996;
Act other than s. 1, 2, 7 and 13: 22 Jul 1996 (see s. 2(1));
s. 7 and 13: 23 Jul 1997 (see s. 2(2) and (3))

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Acts Amendment (Assemblies and Noise) Act 1996 Pt. 2

50 of 1996

31 Oct 1996

4 Dec 1996 (see s. 2 and Gazette 3 Dec 1996 p. 6695)

Dental Amendment Act 1996 s. 18

64 of 1996

11 Nov 1996

1 Jan 1997 (see s. 2 and Gazette 31 Dec 1996 p. 7427)

Transfer of Land Amendment Act 1996 s. 153(1) and (2)

81 of 1996

14 Nov 1996

14 Nov 1996 (see s. 2(1))

Reprint of the Health Act 1911 as at 11 Mar 1997 (includes amendments listed above except those in the Hospitals Amendment Act 1994 , Coroners Act 1996 and the Health Amendment Act 1996 s. 7 and 13) (correction by Gazette 2 Dec 1997 p. 7058)

Acts Amendment (Land Administration) Act 1997 Pt. 30 and s. 142

31 of 1997

3 Oct 1997

30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)

Statutes (Repeals and Minor Amendments) Act 1997 s. 68

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 39 21, 22

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Acts Amendment (Abortion) Act 1998 s. 7 23

15 of 1998

26 May 1998

26 May 1998 (see s. 2)

Acts Repeal and Amendment (Births, Deaths and Marriages Registration) Act 1998 s. 14

40 of 1998

30 Oct 1998

14 Apr 1999 (see s. 2 and Gazette 9 Apr 1999 p. 1433)

Health Amendment Act 1998

62 of 1998

12 Jan 1999

12 Jan 1999 (see s. 2)

School Education Act 1999 s. 247

36 of 1999

2 Nov 1999

1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Water Services Coordination Amendment Act 1999 s. 11(5)

39 of 1999

9 Nov 1999

19 Jun 2000 (see s. 2 and Gazette 16 Jun 2000 p. 2939)

Reprint of the Health Act 1911 as at 31 Mar 2000 (includes amendments listed above except those in the School Education Act 1999 and the Water Services Coordination Amendment Act 1999 )

Statutes (Repeals and Minor Amendments) Act 2000 s. 16

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Untitled proclamation published by Gazette 17 Nov 2000 p. 6289

17 Nov 2000

Corporations (Consequential Amendments) Act 2001 Pt. 30

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)

Acts Amendment (Equality of Status) Act 2003 Pt. 26

28 of 2003

22 May 2003

1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)

Sentencing Legislation Amendment and Repeal Act 2003 s. 71

50 of 2003

9 Jul 2003

15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)

Statutes (Repeals and Minor Amendments) Act 2003 s. 64

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Children and Community Services Act 2004 Sch. 2 cl. 12

34 of 2004

20 Oct 2004

1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695)

Courts Legislation Amendment and Repeal Act 2004 s. 141 24

59 of 2004 (as amended by No. 2 of 2008 s. 77(13))

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 58 25

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Health Legislation Amendment Act 2004 Pt. 2

61 of 2004

24 Nov 2004

24 Nov 2004 (see s. 2)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78, 80 and 82

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction by Gazette 7 Jan 2005 p. 53))

Reprint 13: The Health Act 1911 as at 15 Jul 2005 (includes amendments listed above except those in the Children and Community Services Act 2004 )

Tobacco Products Control Act 2006 s. 126

5 of 2006

12 Apr 2006

31 Jul 2006 (see s. 2 and Gazette 25 Jul 2006 p. 2701)

Health Amendment Act 2006

23 of 2006

9 Jun 2006

7 Jul 2006 (see s. 2)

Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 9 Div. 2 26

28 of 2006

26 Jun 2006

1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)

Nurses and Midwives Act 2006 Sch. 3 cl. 9

50 of 2006

6 Oct 2006

19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)

Land Information Authority Act 2006 s. 135

60 of 2006

16 Nov 2006

1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)

Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 80

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Chemistry Centre (WA) Act 2007 s. 43

10 of 2007

29 Jun 2007

1 Aug 2007 (see s. 2(1) and Gazette 27 Jul 2007 p. 3735)

Reprint 14: The Health Act 1911 as at 5 Oct 2007 (includes amendments listed above)

Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 s. 10

24 of 2007

12 Oct 2007

24 Oct 2007 (see s. 2(1) and Gazette 23 Oct 2007 p. 5645)

Waste Avoidance and Resource Recovery Act 2007 Sch. 4 cl. 4

36 of 2007

21 Dec 2007

1 Jul 2008 (see s. 2(b) and Gazette 20 Jun 2008 p. 2705)

Duties Legislation Amendment Act 2008 Sch. 1 cl. 13

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Medical Practitioners Act 2008 Sch. 3 cl. 23

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Criminal Law Amendment (Homicide) Act 2008 s. 34

29 of 2008

27 Jun 2008

1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353)

Food Act 2008 s. 147 27

43 of 2008

8 Jul 2008

24 Oct 2009 (see s. 2(1)(b) and (2) and Gazette 23 Oct 2009 p. 4157)

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 71

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

Reprint 15: The Health Act 1911 as at 20 Nov 2009 (includes amendments listed above) (correction by Gazette 14 Dec 2010 p. 6301)

Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 22

35 of 2010

30 Aug 2010

18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

Building Act 2011 s. 161

24 of 2011

11 Jul 2011

2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033)

Education and Care Services National Law (WA) Act 2012 Pt. 4 Div. 6

11 of 2012

20 Jun 2012

1 Aug 2012 (see s. 2(c) and Gazette 25 Jul 2012 p. 3411)

Commercial Arbitration Act 2012 s. 45 it. 9

23 of 2012

29 Aug 2012

7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677)

Water Services Legislation Amendment and Repeal Act 2012 s. 216

25 of 2012

3 Sep 2012

18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028)

Reprint 16: The Health Act 1911 as at 6 Dec 2013 (includes amendments listed above)

Medicines and Poisons Act 2014 Pt. 11 Div. 1

13 of 2014

2 Jul 2014

30 Jan 2017 (see s. 2(b) and Gazette 17 Jan 2017 p. 403)

Statutes (Repeals and Minor Amendments) Act 2014 s. 23

17 of 2014

2 Jul 2014

6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213)

Health Services Act 2016 s. 291

11 of 2016

26 May 2016

1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291)

Public Health (Consequential Provisions) Act 2016 Pt. 2, Pt. 4 Div. 1, Div. 2 (s. 207), Div. 3 (s. 212 and 213), Div. 10 (s. 240, 242 and 243), Div. 12-15 and Div. 16 (s. 272, 274 and 276)

19 of 2016

25 Jul 2016

Pt. 2: 24 Jan 2017 (see s. 2(1)(b) and Gazette 10 Jan 2017 p. 165);
Pt. 4 Div. 1, Div. 2 (s. 207), Div. 3 (s. 212 and 213), Div. 10 (s. 240, 242 and 243), Div. 12-14 and Div. 16 (s. 272 and 274): 20 Sep 2017 (see s. 2(1)(c) and Gazette 19 Sep 2017 p. 4880);
Pt. 4 Div. 15 and s. 276: 12 Jan 2019 (see s. 2(1)(c) and Gazette 11 Jan 2019 p. 23)

Reprint 17: The Health (Miscellaneous Provisions) Act 1911 as at 15 Dec 2017 (includes amendments listed above except those listed in the Public Health (Consequential Provisions) Act 2016 Pt. 4 Div. 15 and s. 276)

Health Practitioner Regulation National Law (WA) Amendment Act 2018 s. 111

4 of 2018

19 Apr 2018

1 Dec 2018 (see s. 2(d) and Gazette 13 Nov 2018 p. 4427-8)

Work Health and Safety Act 2020 Pt. 15 Div. 4 Subdiv. 4

36 of 2020

10 Nov 2020

31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2)

Major Events Act 2023 s. 110

12 of 2023

22 May 2023

23 May 2023 (see s. 2(b))

Abortion Legislation Reform Act 2023 Pt. 4 Div. 6

20 of 2023

27 Sep 2023

27 Mar 2024 (see s. 2(b) and SL 2024/21 cl. 2)

Health (Miscellaneous Provisions) (Offensive Trades) Proclamation 2024 Pt. 2 (SL 2024/53)

4 Jun 2024 (see cl. 2(b))

Local Government Amendment Act 2024 Pt. 3 Div. 3

47 of 2024

6 Dec 2024

7 Dec 2024 (see s. 2(1)(g))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed and Subsidiary legislation as made on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Public Health (Consequential Provisions) Act 2016 Pt. 4 Div. 2 (s. 208 and 209), Div. 3 (s. 210, 211, 214-222), Div. 4-9, Div. 10 (s. 239 and 241), Div. 11 and Div. 16 (s. 249-271, 273 and 275)

19 of 2016

25 Jul 2016

To be proclaimed (see s. 2(1)(c))

Other notes

1         Footnote no longer applicable.

2         The Licensing Act 1911 was repealed by the Liquor Act 1970 , which was repealed by the Liquor Control Act 1988 .

3         The Health Act Amendment Act 1900 was repealed by section 4 of this Act.

4         Section 53B was deleted by the Health Act Amendment Act 1933 (No. 2) s. 6.

5         Proclamations relating to offensive trades were published by Gazette on —

        20 September 1918
        10 March 1967
        16 February 1968
        5 December 1969
        16 April 1987
        13 November 1987
        26 November 1993
        16 June 1995

6         Renumbering of sections of the Act and certain Part and Division headings was effected in earlier reprints under the Health Act Amendment Act 1919 s. 4 and the Health Act Amendment Act 1933 (No. 2) s. 42.

7         The amendment in the Caravan Parks and Camping Grounds Act 1995 s. 33 is not included as the section it sought to amend had been deleted by the Local Government (Consequential Amendments) Act 1996 s. 4 before the amendment came into operation.

8         Now known as the Health (Miscellaneous Provisions) Act 1911 ; short title changed (see note under s. 1).

9         Section 48A and the Second Schedule were inserted by the Limitation Act Amendment Act 1954 s. 8.

10         The Third and Fourth Schedules were inserted by the Metric Conversion Act Amendment Act (No. 2) 1973 .

11         The Acts Amendment (Statutory Designations) and Validation Act 1981 s. 5 is a validation provision that is of no further effect.

12         The Health Legislation Amendment Act 1984 s. 104 is a savings and transitional provision that is of no further effect.

13         The Health Amendment Act 1985 s. 13 is a transitional provision that is of no further effect.

14         The Acts Amendment (Financial Administration and Audit) Act 1985 s. 4 is a savings and transitional provision that is of no further effect.

15         The Commercial Arbitration Act 1985 s. 3(2) is a savings and transitional provision that is of no further effect.

16         The Health Amendment Act 1987 s. 4(d), 83 and 90 did not come into operation and were deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 72.

17         The Tobacco Control Act 1990 s. 38(2) is a transitional provision that is of no further effect.

18         The Health Amendment Act 1991 s. 5(3) and (4) are transitional provisions that are of no further effect.

19         The Health Amendment Act 1991 s. 15 is a savings and transitional provision that is of no further effect.

20         In relation to the Health Act 1911 , the Local Government (Consequential Amendments) Act 1996 Sch. 1 reads as follows:


        Savings

        The repeal of any provision by the previous clause does not affect the continuation of any thing done by or under that provision prior to its repeal.

        Transitional

        On the day on which this Act comes into operation a regulation under section 343(5) of the Health Act 1911 as in force before this Act came into operation, becomes a regulation under section 343A of the Health Act 1911 .


21         The amendment in the Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 39(3) is not included because the section it sought to amend had been deleted by the Hospitals Amendment Act 1994 s. 18 before the amendment came into operation.

22         The Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 39(8) is a transitional provision that is of no further effect.

23         The Acts Amendment (Abortion) Act 1998 s. 8 is a transitional provision that is of no further effect.

24         The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 23 was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(13) before it came into operation.

25         The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

26         The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 9 Div. 13 reads as follows:


Division 13 — Transitional provisions

289.         Commissioner of Health

        (1)         A thing done or omitted to be done by, to or in relation to, the Commissioner of Health before commencement under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the CEO.

        (2)         In this section —

        CEO has the meaning given by section 3 of the Health Legislation Administration Act 1984 as in force after commencement;

        commencement means the time at which this Division comes into operation;

        Commissioner of Health means the Commissioner of Health referred to in section 6(1)(a) of the Health Legislation Administration Act 1984 as in force before commencement.


27         The Food Act 2008 Pt. 14 reads as follows:


Part 14 — Transitional provisions

150.         Definition

                In this Part —

        commencement day means the day on which this Part comes into operation.

151.         Interpretation Act 1984 not affected

                Nothing in this Part is to be construed so as to limit the operation of the Interpretation Act 1984 .

152.         Orders under Health Act 1911 section 246W

                An order under the Health Act 1911 section 246W(1) that is in force immediately before the commencement day has effect on and after that day as if it were an emergency order made under section 32(b).

153.         Orders under Health Act 1911 section 246Y

        (1)         An order under the Health Act 1911 section 246Y(1) that is in force immediately before the commencement day has effect on and after that day as if it were an improvement notice.

        (2)         An order under the Health Act 1911 section 246Y(2) that is in force immediately before the commencement day has effect on and after that day as if it were a prohibition order.

154.         Transitional regulations

        (1)         If this Act does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of the amendment of an Act by this Act or the coming into operation of this Act, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed for providing for that matter or issue.

        (2)         If regulations made under subsection (1) 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 commencement day, the regulations have effect according to their terms.

        (3)         In subsection (2) —

        specified means specified or described in the regulations.

        (4)         If regulations contain a provision referred to in subsection (2), 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; 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.

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)
Agvet Code of Western Australia         3(1)
analyst         3(1)
Analytical Committee         3(1), 247AA
apparatus for the treatment of sewage         3(1), 100(4)(a)
authorised officer         3(1), (2A)
authorised person         173
birth         331
cellar         3(1)
CEO         3(1)
certificate of approval         173
cesspool         3(1)
Chairman         246B(3)
Chief Health Officer         3(1)
child care centre         337(2A)
commencement day         Sch. 6 cl. 2 and 4
Committee         340A, 340AA, 340BA
co-opted member         246B(9)
daily penalty         3(1)
dairy         3(1)
dairy produce         3(1)
dentist         331
Department         3(1)
departmental officer         13A(1)
disposal         3(1)
district         3(1)
drain         3(1)
employed in the Department         13A(1)
food         3(1)
HIV infection         3(1)
house         3(1)
infectious disease         3(1)
investigator         340A, 340AA, 340BA
land         3(1)
lodging-house         3(1)
major event         175A(1)
major event area         175A(1)
meat         3(1)
medical practitioner         3(1)
member         246B(9), 247AA, 340A, 340AA, 340BA
metropolitan area         247AA, 340A, 340AA, 340BA
midwife         3(1)
milk         3(1)
Minister         3(1)
municipal fund         3(1)
neonatal death         331
newspaper         3(1)
nurse         3(1)
nurse practitioner         3(1)
occupier         3(1), 145(3)
offensive         3(1)
offensive matter         3(1)
offensive trade         186(1)
owner         3(1), 100(4)(a)
perform an abortion         331
person in default         116
pesticide         3(1)
Pesticides Advisory Committee         246
piggery         3(1)
pig-swill         3(1)
premises         3(1)
prescribed         3(1)
prescribed condition of health         289B
private place         3(1)
proclamation         3(1)
public building         173
public house         3(1)
public place         3(1)
public vehicle         3(1)
rack-rent         3(1)
regular member         246B(9)
regulation         3(1)
relative         3(1)
researcher         340AL(1a)
sanitary convenience         3(1)
scheme         247AA
school         3(1)
school dental service         331
school dental therapist         331
section 13         179(7)
sell         3(1)
sewage         3(1)
sewer         3(1)
still-birth         331
street         3(1)
therapeutic use         3(1)
this Act         3(1)
trade         3(1)
underground room         3(1)
venereal disease         3(1)
vessel         3(1)
WALGA         247AA
Water supply         129
writing         3(1)


© State of Western Australia 2024


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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State of Western Australia 2024


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By Authority: GEOFF O. LAWN, Government Printer



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