Health (Amendment) Act 2001

i Health (Amendment) Act 2001 Act No. 33/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 1 3. Principal Act 2 PART 2—PEST CONTROL 3 4. Amendment of Part heading 3 5. Amendment of definition and Act reference 3 6. Registration requirements for pest control operators repealed 3 7. Licensing provisions 3 8. Licences 4 9. Duration of licences 6 10. Repeal of section 108D 6 11. Power to cancel or suspend licences 6 108F. Cancellation or suspension of licences 6 12. Requirement for medical examinations repealed 7 13. Amendment of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 7 14. Transitional provisions for registered pest control operators 7 30A. Continuation of exemption for registered pest control operators under Health Act 1958 7 PART 3—OTHER AMENDMENTS 9 15. Appointment of environmental health officers 9 16. Transitional provision 9 30B. Transitional provision—environmental health officers 9 17. Redundant provisions relating to meat supervision repealed 9 18. Redundant drugs provisions repealed 10 19. Consequential amendment of Chinese Medicine Registration Act 2000 10 20. Statute law revision—Chinese Medicine Registration Act 2000 10 21. Consequential amendment to the Drugs, Poisons and Controlled Substances Act 1981 11 22. Consequential amendment to the Pharmacists Act 1974 11 -- 1 of 16 -- Section Page ii 23. Statute law revision and updating Act references 12 24. Updating references to Subordinate Legislation Act 12 ═══════════════ ENDNOTES 14 -- 2 of 16 -- 1 Health (Amendment) Act 2001 † [Assented to 19 June 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to make various amendments to the Health Act 1958; (b) to repeal certain redundant provisions of that Act; (c) to amend other Acts. 2. Commencement Victoria No. 33 of 2001 -- 3 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 2 (1) This Act, except for sections 7(2), 15 and 16, comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 7(2) comes into operation on 1 January 2002. (3) Subject to sub-section (4), sections 15 and 16 come into operation on a day to be proclaimed. (4) If a provision referred to in sub-section (3) does not come into operation on or before 1 July 2002, it comes into operation on that day. 3. Principal Act In this Act, the Health Act 1958 is called the Principal Act. _______________ See: Act No. 6270. Reprint No. 9 as at 1 January 1999 and amending Act Nos 12/1999, 18/2000, 74/2000 and 85/2000. LawToday: www.dms. dpc.vic. gov.au -- 4 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 3 PART 2—PEST CONTROL 4. Amendment of Part heading In the heading to Part V of the Principal Act, after "SAFETY" insert "AND PEST CONTROL". 5. Amendment of definition and Act reference In section 108A of the Principal Act for paragraph (a) of the definition of "pesticide" substitute— "(a) any agricultural chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992; and". 6. Registration requirements for pest control operators repealed Section 108B of the Principal Act is repealed. 7. Licensing provisions (1) In section 108C of the Principal Act, for sub- section (1) substitute— "(1) A person must not use or permit any other person to use any pesticide or class of pesticides in the course of the business of a pest control operator unless the user of the pesticide holds a valid licence as an authorized user of that pesticide or class of pesticides and complies with the conditions (if any) of that licence. Penalty: 100 penalty units.". (2) In section 108C of the Principal Act, after sub- section (1), insert— "(1A) Sub-section (1) does not apply if the use of the pesticide is for the purposes of— s. 4 -- 5 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 4 (a) horticulture; or (b) agriculture; or (c) water treatment; or (d) weed control; or (e) controlling a pest animal to protect an area or place which is not— (i) a building used for commercial purposes; or (ii) domestic premises.". 8. Licences (1) In section 108C(2) of the Principal Act— (a) in paragraph (a)— (i) after "he" insert "or she"; and (ii) after "fee" insert "(if any)"; and (b) in paragraph (b), for "licence." substitute "licence; and"; and (c) after paragraph (b) insert— "(c) he or she is a natural person.". (2) In section 108C of the Principal Act, after sub- section (2) insert— "(2A) Despite sub-section (2), if a natural person satisfies a person nominated by the Secretary that he or she is— (a) undergoing training in the units of competency specified in the National Standard for Licensing Pest Management Technicians published by the National Environmental Health Forum in 1999 as amended and in force from time to time; or s. 8 -- 6 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 5 (b) enrolled in a prescribed course of training— the Secretary may grant a licence to that person subject to the condition that the licence holder may only use the pesticides or classes of pesticides entered on the licence under the supervision of a person who holds a valid licence (other than a licence granted under this sub-section) as an authorized user of those pesticides or classes of pesticides. (2B) The Secretary must not grant a licence under sub-section (2A) to a person more than three times.". (3) In section 108C of the Principal Act, for sub- section (3) substitute— "(3) The Secretary shall cause to be entered on every licence— (a) the names of or the classes of pesticides that the licence holder is authorized to use; and (b) in the case of a licence granted under sub-section (2A)— (i) a condition that the holder may only use pesticides or classes of pesticides entered on that licence under the supervision of a person who holds a valid licence (other than a licence granted under sub- section (2A)) as an authorized user of those pesticides or classes of pesticides; and (ii) any other conditions to which the licence is subject.". s. 8 -- 7 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 6 9. Duration of licences In section 108C of the Principal Act, for sub- section (4) substitute— "(4) A licence under this section expires— (a) in the case of a licence granted under sub-section (2A), 12 months after the date on which it is granted; and (b) in any other case, 3 years after the date on which it is granted. (5) Despite sub-section (4)(b), a current licence in existence immediately before the commencement of section 9 of the Health (Amendment) Act 2001 continues to have effect until its expiry on 31 December 2001 as if sub-section (4)(b) had not been enacted.". 10. Repeal of section 108D Section 108D of the Principal Act is repealed. 11. Power to cancel or suspend licences For section 108F of the Principal Act substitute— "108F. Cancellation or suspension of licences (1) The Secretary may, if the Secretary thinks fit, cancel or suspend for such period as the Secretary determines the licence of any user of pesticides if the licensed user of pesticides is convicted of an offence against this Division or the regulations made for the purposes of this Division. (2) If the Secretary is satisfied that a person who is not licensed as required by this Division has breached any provision of this Division or any regulation made for the purposes of s. 9 -- 8 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 7 this Division, the Secretary may refuse to grant a licence to that person.". 12. Requirement for medical examinations repealed Section 108G of the Principal Act is repealed. 13. Amendment of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 At the end of section 30 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, insert— "(2) Despite sub-section (1), a person who carries on a business or offers a service for fee or reward which involves the use of a prescribed chemical product or a chemical product of a class that is prescribed is not required to hold a commercial operator licence if the person ensures that the chemical product is used by a person authorized by a licence granted under Division 2A of Part V of the Health Act 1958 to use that chemical product.". 14. Transitional provisions for registered pest control operators After section 30 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, insert— "30A. Continuation of exemption for registered pest control operators under Health Act 1958 Despite the repeal of section 108B of the Health Act 1958 by the Health (Amendment) Act 2001, a pest control operator registered under that section immediately before its repeal continues, for the purposes of section 30 of this Act, to be s. 12 See: Act No. 46/1992. Reprint No. 2 as at 8 May 1997 and amending Act Nos 58/1997, 46/1998 (as amended by No. 12/1999), 52/1998 and 33/2000. LawToday: www.dms. dpc.vic. gov.au -- 9 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 8 exempt from the requirement to be licensed under this Act until the expiry of that operator's current registration on 31 December 2001.". _______________ s. 14 -- 10 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 9 PART 3—OTHER AMENDMENTS 15. Appointment of environmental health officers In section 30A of the Principal Act, for sub- section (2) substitute— "(2) A council may only appoint as an environmental health officer a person who has the qualifications that are declared by the Secretary as necessary for appointment as an environmental health officer. (3) The Secretary, by notice published in the Government Gazette, may declare the qualifications that are necessary for appointment as an environmental health officer.". 16. Transitional provision After section 30A of the Principal Act insert— "30B. Transitional provision—environmental health officers The appointment of a person as an environmental health officer under section 30A(2) as in force immediately before the commencement of section 15 of the Health (Amendment) Act 2001 continues for the duration of that appointment despite the amendment of section 30A(2) by that Act.". 17. Redundant provisions relating to meat supervision repealed In the Principal Act— (a) sections 305 and 309 are repealed; (b) in section 312, omit "309,". s. 15 -- 11 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 10 18. Redundant drugs provisions repealed (1) In section 3(1) of the Principal Act— (a) in the definition of "analysis" omit "drug or"; and (b) the definition of "analyst" is repealed; and (c) in the definition of "sell", omit "and in Part XIV refers only to sale for human consumption or use or for analysis;". (2) Part XIV of the Principal Act is repealed. (3) In section 390 of the Principal Act, sub-section (2A) is repealed. (4) In section 391(1)(c) of the Principal Act, omit "analysts". (5) In the Principal Act— (a) in sections 401, 405, 407 and 408 omit "drug or" (wherever occurring); (b) in section 406(1) omit "drug" (where twice occurring); (c) in section 437(5) omit "drug". 19. Consequential amendment of Chinese Medicine Registration Act 2000 In section 108 of the Chinese Medicine Registration Act 2000, sub-section (1) is repealed. 20. Statute law revision—Chinese Medicine Registration Act 2000 In clause 3 in the Schedule to the Chinese Medicine Registration Act 2000— (a) in item 3.1, for "After section 9" substitute "Before section 10"; s. 18 See: Act No. 18/2000. LawToday: www.dms. dpc.vic. gov.au -- 12 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 11 (b) in item 3.1, for "9A." substitute "9B."; (c) in item 3.2, in proposed paragraph (ba) for "9A" substitute "9B"; (d) in item 3.3, in proposed paragraph (ab) for "9A" substitute "9B"; (e) in item 3.4, in proposed paragraph (ba) for "9A" substitute "9B". 21. Consequential amendment to the Drugs, Poisons and Controlled Substances Act 1981 In section 120(6) of the Drugs, Poisons and Controlled Substances Act 1981, in the definition of "analyst" omit "or a person approved for the time being as an analyst under the Health Act 1958 or any corresponding previous enactment for the analysis of food or drugs". 22. Consequential amendment to the Pharmacists Act 1974 (1) In the Pharmacists Act 1974, section 31 is repealed. (2) In section 35(2) of the Pharmacists Act 1974 omit "or a person approved as an analyst under the Health Act 1958 or any corresponding previous enactment". s. 21 See: Act No. 9719. Reprint No. 5 as at 31 December 1998 and amending Act Nos 12/1999, 26/1999, 18/2000, 74/2000, 94/2000 and SR Nos 107/1999 and 85/2000. LawToday: www.dms. dpc.vic. gov.au See: Act No. 8593. Reprint No. 5 as at 1 January 2000 and amending Act No. 18/2000. LawToday: www.dms. dpc.vic. gov.au -- 13 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 12 23. Statute law revision and updating Act references In the Principal Act— (a) in section 24A(2A), for "section 44A of the Audit Act 1958" substitute "section 12 of the Audit Act 1994"; (b) in section 228(1)— (i) for "(a) prescribing" substitute "(e) prescribing"; (ii) for "(b) prescribing" substitute "(f) prescribing"; (iii) for "(c) generally" substitute "(g) generally"; (c) in section 162H(4) for "section 44A of the Audit Act 1958" substitute "section 12 of the Audit Act 1994". 24. Updating references to Subordinate Legislation Act (1) In section 47D of the Principal Act, for sub- sections (2) and (3) substitute— "(2) The Regulations are subject to disallowance by a House of Parliament.". (2) In section 146 of the Principal Act, for sub- sections (3) and (4) substitute— "(3) The Regulations are subject to disallowance by a House of Parliament.". (3) In section 213 of the Principal Act, for sub- sections (2) and (3) substitute— "(2) The Regulations are subject to disallowance by a House of Parliament.". s. 23 -- 14 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 13 (4) In section 376 of the Principal Act, for sub- sections (2) and (3) substitute— "(2) The Regulations are subject to disallowance by a House of Parliament.". (5) In section 390 of the Principal Act, for sub- sections (2D) and (2E) substitute— "(2D) The Regulations made under sub-section (2C) are subject to disallowance by a House of Parliament.". ═══════════════ s. 24 -- 15 of 16 -- Act No. 33/2001 Health (Amendment) Act 2001 14 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 May 2001 Legislative Council: 6 June 2001 The long title for the Bill for this Act was "to make various amendments to the Health Act 1958, to repeal certain redundant provisions of that Act, to amend other Acts and for other purposes." Endnotes -- 16 of 16 --