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HEALTH LEGISLATION AMENDMENT ACT 2006 NO. 46
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Chiropractors Registration Act 2001
3. Act amended in pt 2
4. Amendment of s 14 (Delegation by board)
5. Amendment of s 56 (Period)
6. Insertion of new s 67A
7. Insertion of new s 75A
8. Amendment of s 95 (When decision takes effect)
9. Amendment of s 96 (Failure by board to make decision on application)
10. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
11. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
12. Insertion of new s 107A
13. Amendment of s 114 (Removal)
14. Insertion of new s 120AA
15. Omission of pt 4, div 2 (Notification of business names and other details)
16. Amendment of s 129 (Information to appear in advertisements)
17. Omission of s 234 (Sections 126 and 129 ineffective for 6 months)
18. Amendment of sch 4 (Dictionary)
Part 3--Amendment of Dental Practitioners Registration Act 2001
19. Act amended in pt 3
20. Amendment of s 14 (Delegation by board)
21. Amendment of s 56 (Period)
22. Insertion of new s 67A
23. Insertion of new s 75A
24. Amendment of s 95 (When decision takes effect)
25. Amendment of s 96 (Failure by board to make decision on application)
26. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
27. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
28. Amendment of s 109 (Period)
29. Amendment of s 116 (Effect on specialist registration if conditions on general registration are changed or removed)
30. Amendment of s 119 (Undertaking of special activities relating to the profession)
31. Amendment of s 120 (Application of divs 2 and 3)
32. Amendment of s 121 (Eligibility)
33. Omission of s 123 (Suitability to be a special purpose registrant)
34. Insertion of new s 126A
35. Amendment of s 127 (Application of div 4, sdivs 2 and 3)
36. Amendment of s 128 (Matters that may be considered in deciding whether to renew special purpose registrations)
37. Insertion of new s 129A
38. Amendment of s 130 (Period of renewed special purpose registration)
39. Amendment of pt 3, div 9, sdiv 4, hdg (Removal of conditions)
40. Insertion of new s 132A
41. Amendment of s 133 (Removal)
42. Insertion of new s 139AA
43. Omission of pt 4, div 2 (Notification of business names and other details)
44. Amendment of s 151 (Information to appear in advertisements)
45. Insertion of new s 230A
46. Insertion of new s 231A
47. Omission of ss 258 and 259
48. Amendment of sch 4 (Dictionary)
Part 4--Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
49. Act amended in pt 4
50. Amendment of s 14 (Delegation by board)
51. Amendment of s 56 (Period)
52. Insertion of new s 67A
53. Insertion of new s 75A
54. Amendment of s 96 (When decision takes effect)
55. Amendment of s 97 (Effect on dental prosthetics registration if conditions on dental technician registration are changed or removed)
56. Amendment of s 98 (Failure by board to make decision on application)
57. Amendment of s 99 (Failure by board to make decision on review agreed to under s 91)
58. Replacement of s 101 (Amendment of, or replacing, certificates of general registration)
59. Insertion of new s 109A
60. Amendment of s 116 (Removal)
61. Insertion of new s 124AA
62. Omission of pt 4, div 2 (Notification of business names and other details)
63. Amendment of s 133 (Information to appear in advertisements)
64. Omission of ss 236 and 237
65. Amendment of sch 4 (Dictionary)
Part 5--Amendment of Health Services Act 1991
66. Act amended in pt 5
67. Amendment of s 51 (Prohibition of smoking)
68. Amendment of s 55 (Functions of investigators)
69. Amendment of s 63 (Functions)
Part 6--Amendment of Medical Practitioners Registration Act 2001
70. Act amended in pt 6
71. Amendment of s 95 (When decision takes effect)
72. Amendment of s 96 (Failure by board to make decision)
73. Replacement of s 97 (Amending or replacing certificates of general registration)
74. Amendment of s 105 (When decision takes effect)
75. Amendment of s 106 (Failure by board to make decision on application)
76. Amendment of s 107 (Failure by board to make decision on review agreed to under s 100)
77. Replacement of s 109 (Amendment of, or replacing, certificates of general registration)
78. Amendment of s 111 (Eligibility)
79. Amendment of s 128 (Effect on specialist registration if conditions on general registration are changed or removed)
80. Insertion of new pt 3, div 10, sdiv 1AA
81. Amendment of s 131 (Eligibility)
82. Amendment of s 132 (Postgraduate study or training)
83. Amendment of s 134 (Medical teaching or research, and connected practice)
84. Amendment of s 135 (Practice in area of need)
85. Amendment of s 139 (Application of divs 2 and 3)
86. Insertion of new ss 140A and 140B
87. Omission of s 141A (Condition of practice under supervision)
88. Amendment of s 143 (Provisional special purpose registration of a person)
89. Amendment of s 145 (Matters that may be considered in deciding applications for renewal of special purpose registrations)
90. Amendment of s 146 (Imposition of conditions by board)
91. Amendment of s 149 (Grounds for cancellation)
92. Amendment of s 149A (Changing conditions)
93. Amendment of s 150 (Removal)
94. Replacement of s 150A (Amending or replacing certificate of special purpose registration)
95. Omission of pt 4, div 2 (Notification of business names and other details)
96. Amendment of s 169 (Information to appear in advertisements)
97. Amendment of s 272 (Protection for persons involved in supervising registrants)
98. Omission of s 299 (Sections 166 and 169 ineffective for 6 months)
99. Insertion of new pt 11, div 4
99A. Amendment of sch 1 (Decisions for which information notices must be given)
100. Amendment of sch 3 (Dictionary)
Part 7--Amendment of Medical Radiation Technologists Registration Act 2001
101. Act amended in pt 7
102. Amendment of s 14 (Delegation by board)
103. Amendment of s 56 (Period)
104. Insertion of new s 71A
105. Insertion of new s 79A
106. Amendment of s 98 (When decision takes effect)
107. Amendment of s 99 (Failure by board to make decision)
108. Replacement of s 101 (Amending or replacing certificates of general registration)
109. Amendment of s 109 (When decision takes effect)
110. Amendment of s 110 (Failure by board to make decision on application)
111. Amendment of s 111 (Failure by board to make decision on review agreed to under s 104)
112. Replacement of s 113 (Amendment of, or replacing, certificates of general registration)
113. Insertion of new s 122A
114. Amendment of s 129 (Removal)
115. Insertion of new s 135A
116. Omission of pt 4, div 2 (Notification of business names and other details)
117. Amendment of s 144 (Information to appear in advertisements)
118. Omission of s 234 (Sections 141 and 144 ineffective for 6 months)
119. Amendment of sch 3 (Dictionary)
Part 8--Amendment of Mental Health Act 2000
120. Act amended in pt 8
121. Amendment of s 64 (Application of pt 3)
122. Amendment of s 69 (Classified patients)
123. Amendment of s 78 (When patient ceases to be classified patient)
124. Amendment of s 90 (When custodian is to take custody of patient)
125. Amendment of s 99 (When patient ceases to be classified patient)
126. Insertion of new ch 3, pt 6A
127. Amendment of s 253 (When patient ceases to be classified patient)
128. Amendment of s 287 (When person ceases to be classified patient)
129. Amendment of sch 2 (Dictionary)
Part 9--Amendment of Occupational Therapists Registration Act 2001
130. Act amended in pt 9
131. Amendment of s 14 (Delegation by board)
132. Amendment of s 56 (Period)
133. Insertion of new s 67A
134. Insertion of new s 75A
135. Amendment of s 95 (When decision takes effect)
136. Amendment of s 96 (Failure by board to make decision on application)
137. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
138. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
139. Insertion of new s 107A
140. Amendment of s 114 (Removal)
141. Insertion of new s 120A
142. Omission of pt 4, div 2 (Notification of business names and other details)
143. Amendment of s 129 (Information to appear in advertisements)
144. Omission of ss 235 and 236
145. Amendment of sch 3 (Dictionary)
Part 10--Amendment of Optometrists Registration Act 2001
146. Act amended in pt 10
147. Amendment of s 14 (Delegation by board)
148. Amendment of s 56 (Period)
149. Insertion of new s 67A
150. Insertion of new s 75A
151. Amendment of s 95 (When decision takes effect)
152. Amendment of s 96 (Failure by board to make decision on application)
153. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
154. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
155. Insertion of new s 107A
156. Amendment of s 114 (Removal)
157. Insertion of new s 120AA
158. Omission of pt 4, div 2 (Notification of business names and other details)
159. Amendment of s 129 (Information to appear in advertisements)
160. Omission of ss 229 and 230
161. Amendment of sch 4 (Dictionary)
Part 11--Amendment of Osteopaths Registration Act 2001
162. Act amended in pt 11
163. Amendment of s 14 (Delegation by board)
164. Amendment of s 56 (Period)
165. Insertion of new s 67A
166. Insertion of new s 75A
167. Amendment of s 95 (When decision takes effect)
168. Amendment of s 96 (Failure by board to make decision on application)
169. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
170. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
171. Insertion of new s 107A
172. Amendment of s 114 (Removal)
173. Insertion of new s 120A
174. Omission of pt 4, div 2 (Notification of business names and other details)
175. Amendment of s 129 (Information to appear in advertisements)
176. Omission of s 225 (Sections 126 and 129 ineffective for 6 months)
177. Amendment of sch 2 (Dictionary)
Part 12--Amendment of Pharmacists Registration Act 2001
178. Act amended in pt 12
179. Amendment of s 15 (Delegation by board)
180. Amendment of s 60 (Period)
181. Insertion of new s 71A
182. Insertion of new s 79A
183. Amendment of s 99 (When decision takes effect)
184. Amendment of s 100 (Failure by board to make decision on application)
185. Amendment of s 101 (Failure by board to make decision on review agreed to under s 94)
186. Replacement of s 103 (Amendment of, or replacing, certificates of general registration)
187. Insertion of new s 111A
188. Amendment of s 118 (Removal)
189. Insertion of new s 124A
190. Amendment of s 139A (Definitions)
191. Replacement of s 139G (Trustee in bankruptcy and liquidator may own pharmacy business)
192. Amendment of s 139I (Certain arrangements about control of pharmacy business void)
193. Amendment of sch 4 (Dictionary)
Part 13--Amendment of Physiotherapists Registration Act 2001
194. Act amended in pt 13
195. Amendment of s 14 (Delegation by board)
196. Amendment of s 56 (Period)
197. Insertion of new s 67A
198. Insertion of new s 75A
199. Amendment of s 95 (When decision takes effect)
200. Amendment of s 96 (Failure by board to make decision on application)
201. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
202. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
203. Insertion of new s 107A
204. Amendment of s 114 (Removal)
205. Insertion of new s 120A
206. Omission of pt 4, div 2 (Notification of business names and other details)
207. Amendment of s 129 (Information to appear in advertisements)
208. Omission of s 235 (Sections 126 and 129 ineffective for 6 months)
209. Amendment of sch 4 (Dictionary)
Part 14--Amendment of Podiatrists Registration Act 2001
210. Act amended in pt 14
211. Amendment of s 14 (Delegation by board)
212. Amendment of s 56 (Period)
213. Insertion of new s 67A
214. Insertion of new s 75A
215. Amendment of s 95 (When decision takes effect)
216. Amendment of s 96 (Failure by board to make decision on application)
217. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
218. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
219. Insertion of new s 107A
220. Amendment of s 114 (Removal)
221. Insertion of new s 120A
222. Omission of pt 4, div 2 (Notification of business names and other details)
223. Amendment of s 129 (Information to appear in advertisements)
224. Omission of ss 232 and 233
225. Amendment of sch 4 (Dictionary)
Part 15--Amendment of Private Health Facilities Act 1999
226. Act amended in pt 15
227. Amendment of s 147 (Confidentiality of information)
228. Amendment of s 148 (Delegations)
Part 16--Amendment of Psychologists Registration Act 2001
229. Act amended in pt 16
230. Amendment of s 14 (Delegation by board)
231. Amendment of s 56 (Period)
232. Insertion of new s 73A
233. Insertion of new s 81A
234. Amendment of s 99 (When decision takes effect)
235. Amendment of s 100 (Failure by board to make decision on application)
236. Replacement of s 102 (Amendment of, or replacing, certificates of general registration)
237. Amendment of s 110 (When decision takes effect)
238. Amendment of s 111 (Failure by board to make decision on application)
239. Amendment of s 112 (Failure by board to make decision on review agreed to under s 105)
240. Replacement of s 114 (Amendment of, or replacing, certificates of general registration)
241. Insertion of new s 123A
242. Amendment of s 130 (Removal)
243. Insertion of new s 136A
244. Omission of pt 4, div 2 (Notification of business names and other details)
245. Amendment of s 145 (Information to appear in advertisements)
246. Omission of ss 251 and 252
247. Amendment of sch 3 (Dictionary)
Part 17--Amendment of Radiation Safety Act 1999
248. Act amended in pt 17
249. Amendment of s 4 (Main object of Act and its achievement)
250. Amendment of s 52 (Different types of approval to acquire a radiation source)
251. Amendment of s 140 (Prohibition notices)
252. Amendment of s 210 (Limited exemption for radiation source)
Part 18--Amendment of Speech Pathologists Registration Act 2001
253. Act amended in pt 18
254. Amendment of s 14 (Delegation by board)
255. Amendment of s 56 (Period)
256. Insertion of new s 67A
257. Insertion of new s 75A
258. Amendment of s 95 (When decision takes effect)
259. Amendment of s 96 (Failure by board to make decision on application)
260. Amendment of s 97 (Failure by board to make decision on review agreed to under s 90)
261. Replacement of s 99 (Amendment of, or replacing, certificates of general registration)
262. Insertion of new s 107A
263. Amendment of s 114 (Removal)
264. Insertion of new s 120A
265. Omission of pt 4, div 2 (Notification of business names and other details)
266. Amendment of s 129 (Information to appear in advertisements)
267. Omission of ss 232 and 233
268. Amendment of sch 3 (Dictionary)
Part 19--Amendment of Tobacco and Other Smoking Products Act 1998
269. Act amended in pt 19
270. Amendment of s 20 (Supplier must display a prohibition sign)
271. Amendment of s 21 (Person in charge of tobacco product vending machine must attach or display a prohibition sign)
272. Omission of pt 2, div 6, hdg (Supply of things resembling tobacco products)
273. Relocation and renumbering of s 24 (Supply of food or toys resembling tobacco products)
274. Renumbering of pt 2, div 7 (Defence to charges for offences if age material)
275. Renumbering of s 26 (Defence to charge if age material)
276. Renumbering of s 26AA (Definitions for pt 2A)
277. Insertion of new s 26
278. Amendment of s 26B (Location of display of smoking products)
279. Amendment of s 26CA (One smoking product display only per retail outlet)
280. Amendment of s 26CB (Size of smoking product display)
281. Amendment of s 26D (Manner of display of immediate package of smoking product)
282. Amendment of s 26F (Display of health warning on humidified container and humidified room)
283. Amendment of s 26H (Display of retail prices of smoking product)
284. Amendment of s 26HA (Certain business names allowed)
285. Replacement of pt 2A, div 2 (Quit smoking signs)
286. Amendment of s 26Q (Definitions for pt 2B)
287. Amendment of s 26R (Person must not smoke in enclosed place)
288. Amendment of s 26U (Person smoking must stop when directed)
289. Amendment of s 26V (Offence by occupier)
290. Replacement of s 26W (Meaning of outdoor eating or drinking place)
291. Amendment of s 26Y (Person smoking must stop when directed)
292. Amendment of s 26ZA (Designating an outdoor smoking area)
293. Amendment of s 26ZB (Obligations of licensee of premises with designated outdoor smoking area)
294. Amendment of s 26ZJ (Person must not smoke near building entrance)
295. Amendment of s 26ZK (Person must not smoke near children's playground equipment)
296. Replacement of pt 2D, hdg (Cannabis utensils)
297. Insertion of new s 26ZR
298. Amendment of s 40A (Power to direct person to stop smoking)
299. Amendment of s 51 (Evidence of thing labelled as smoking product)
300. Amendment of schedule (Dictionary)
Part 20--Amendment of Transplantation and Anatomy Act 1979
301. Act amended in pt 20
302. Amendment of s 4 (Interpretation)
303. Insertion of new pt 2 div 6
304. Amendment of s 35 (Effect of authority under this part)
305. Amendment of s 42A (Person who owns a prescribed tissue bank may charge amount to recover certain costs)
306. Insertion of new s 42B
307. Amendment of s 48 (Offences in relation to removal of tissue)
308. Amendment of s 49 (Disclosure of information)
309. Amendment of s 52 (Regulations)
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