Victorian Repealed Acts

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This legislation has been repealed.

HEALTH ACT 1958

No. 6270 of 1958
Version incorporating amendments as at 1 November 2009

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repealed

   PART I-INTRODUCTION

   3.      Definitions
   4.      Repealed
   5.      Application of Act

   PART II-ADMINISTRATION

           Division 1-General

   6.      Secretary
   7.      Secretary successor of Health Commission
   8.      Secretary subject to direction of Minister
   8A.     Delegation by Secretary
   8B.     Delegation by Minister
   9.      Data collection
   9A.     Opportunity of being heard by Secretary
   10.     Saving of rights of officers and persons affected by No. 4988.
           11-15. Repealed

           Division 2-Repealed

           16-23. Repealed
   24.     Consultative councils
   24A.    Disclosure of information by consultative councils
           Officers &c.
   25.     Further powers and duties of certain officers
           26-29. Repealed

           Division 3-Local administration

   29A.    Functions of councils
   29B.    Municipal public health plans
   29C.    Inclusion of public health matters in Council Plan or strategic plan
   29D.    Transitional
   30.     Appointment of medical officers of health
   30A.    Appointment of environmental health officers
   30B.    Transitional provision-environmental health officers
   31.     Councils may share environmental health officers or medical officers of health
   32.     Council's delegation of power to refuse applications
           33-36. Repealed
   36A.    Special powers of Secretary
   37.     Councils to report to the Secretary
           Divisions 4, 5-Repealed
           38, 39. Repealed

   PART III-NUISANCES

   39A.    Application of Part
   40.     Definition
   41.     Duty of councils
   42.     Offence of causing a nuisance
   43.     Notification of nuisance
   44.     Notice to abate a nuisance
   45.     Failure of council to investigate complaint
   46.     Nuisance caused by two or more persons
   47.     Who may institute proceedings?
   47A.    Power of councils to delegate functions under this Part
   47B.    Power of councils to investigate nuisances outside their municipal districts
   47C.    Nuisances on unoccupied land
   47D.    Regulations

   PART IV-GENERAL SANITARY PROVISIONS

           Divisions 1-3-Repealed

           48-67. Repealed

           Division 4-Offensive waterways etc.

   68.     Offensive waterways etc. on district boundaries etc.
   69.     Power to Secretary to require councils to show cause
   70.     Variation of orders
   71.     Execution of works
   72.     Waterways etc. not under control of council

           Division 5-Repealed

           73-76. Repealed

           Division 6-Protection of water supplies

           77-82. Repealed

           Division 7-Repealed

           83, 84. Repealed

           Division 7A-Animals

           85-86. Repealed
   87.     Regulations as to destruction etc. of rats and mice
           88-91. Repealed

           Division 8-Repealed

           92, 93. Repealed

   PART V-RADIATION SAFETY AND PEST CONTROL
   Divisions 1, 2-Repealed

           94-108. Repealed

           Division 2AA-Radiation safety

           108AA-108AL. Repealed

           Division 2A-Pest control operators

   108A.   Definitions
   108B.   Repealed
   108C.   Licensing of users of pesticides
   108D.   Repealed
   108E.   Returns
   108F.   Cancellation or suspension of licences
   108G.   Repealed
   108H.   Regulations

           Division 3-Repealed

           109-117. Repealed

   PART VI-MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES

           Division 1-Preliminary

   118.    Definitions
   119.    Interpretation

           Division 2-Offences

   120.    Offence of infecting other persons

           Division 2A-Examining and testing after incidents involving care-givers or custodians

   120A.   Orders for tests
   120AB.  Further Orders or authorisations for tests
   120AC.  Post test or authorisation counselling
   120B.   Authorisation for tests
   120C.   Tests and test results
   120D.   No identification to be given
   120DA.  Directions about Orders or authorisations

           Division 3-Examining, testing, counselling, restriction and
           isolation orders

   121.    Orders
   122.    Appeals

           Division 4-Emergency powers

   123.    Power of Governor in Council to proclaim emergency
   124.    Orders of the Secretary in emergencies
   125.    Compensation for seizure of land, building or thing

           Division 5-Autopsies

   126.    Autopsies

           Division 6-Special provisions relating to the human immuno-deficiency virus

   127.    Information to be given to a person requesting a test for HIV
   128.    Privacy
   129.    Closure of court or tribunal
   130.    Information to be provided about the incidence of HIV

           Division 7-Blood and tissue donations

   131.    Definitions
   132.    Blood donations
   132A.   Transitional provision concerning statutory defence in relation to Hepatitis C
   133.    Tissue donations
   134.    Evidentiary
   135.    Liability of donors
   136.    False statements

           Division 8-Immunity

   137.    Immunity for giving information

           Division 9-Disease notification

   138.    Regulations about disease notification
           139-142A Repealed

   PART VII-IMMUNISATION

   143.    Definitions
   144.    Immunisation status certificates to be produced upon
           enrolment at primary school
   145.    Outbreaks of prescribed infectious diseases in primary
           schools

   PART VIII-REGULATIONS

   146.    Regulations
           147-149. Repealed
           150-157. Repealed
           PARTS IX, IXA-Repealed
           158-162A-Repealed

   PART IXB-CONSULTATIVE COUNCIL ON OBSTETRIC AND PAEDIATRIC MORTALITY AND MORBIDITY

   162B.   Definitions
   162C.   Constitution of Consultative Council
   162CA.  Repealed
   162D.   Procedure of Council
   162E.   Sub-committees
   162F.   Functions of the Council
   162FA.  Council may request disclosure
   162FAA. Request to provide information in relation to the death of children
   162FB.  Disclosure of information held by the Council
   162G.   Report of birth
   162H.   Confidentiality
   162I.   Regulations

   PARTS X-XIA-Repealed

           163-208I Repealed

   PART XII-ACCOMMODATION

           Division 1-Registration

   209.    Definitions
   210.    Registration
   211.    Offence
   212.    Access by authorised officers
   213.    Regulations

           Divisions 2-7-Repealed

           214-227F Repealed

   PART XIII-PRECAUTIONS AGAINST FIRE

   228.    Regulations
           PARTS XIV, XIVA-Repealed
           229-304B Repealed

   PART XV-MEAT SUPERVISION

           Divisions 1-Repealed

   305.    Repealed
   306.    Exceptions
   307.    Repealed
   308.    Definition of prohibited animal
   309.    Repealed
   310.    Storage of flesh of prohibited animals in certain shops
   311.    Storage of flesh of prohibited animals in certain vehicles
   312.    Exemption
   313.    Penalties
   314.    Regulations
           315-327. Repealed

           Division 2-Repealed

           328-332 Repealed

   PARTS XVI-XVIII-Repealed

           333-366 Repealed

   PART XIX-REGISTRATIONS

   366A.   Repealed
   366B.   Premises
   366C.   Registration of premises
   367.    Registrations to be in manner prescribed
   368.    Registrations
   369.    Refusal of registration or renewal
   370.    Transfers
   371.    Register book
   372.    Powers and duties of Secretary or council
   373.    Repealed
   374.    Certificates of registration and renewal
   374A.   Delegation of councils' powers in relation to registration
           of premises
   375.    Registrations under other Acts
   376.    Regulations

   PART XX-GENERAL AND SUPPLEMENTARY

           Division 1-General

           377-383A Repealed
   384.    Powers of persons directed to hold inquiries
   385.    Vessels
   386.    Concern in contracts prohibited
   387.    Appeal to judge of the County Court
   388.    Repealed

           Division 2-Proclamations, regulations, by-laws, orders etc.

   389.    Proclamation
   389A.   Supreme Court-limitation of jurisdiction
   390.    Regulations of the Governor in Council
   391.    General provisions as to regulations
           392-396. Repealed

           Division 3-Enforcement of Act

           397-399. Repealed
   399A.   Identity cards
   400.    Powers of entry and inspection
   401.    General powers of inspection seizure etc.
   402.    Interference with official marks or seals
   403.    Obstruction etc. of officers etc.
   404.    Interference etc. with officers
   404A.   Impersonating an officer
   405.    Examination and seizure of adulterated substances
   406.    Power to require information
   407.    Duties of officers seizing substances etc.
   408.    Remedy to persons for things seized
   409.    Defacing notice etc.
   410.    Offences by occupiers and others
   411.    Works to be done by occupier instead of owner
   412.    Expenses recoverable
   413.    Enforcement of duty with regard to land etc.
   414.    Power of councils where owner cannot be found
           415-417. Repealed
   418.    Crown lands to be put into sanitary condition
   419.    Repealed
   420.    Power to inspect register of births and deaths

           Division 4-Offences and legal proceedings

   421.    Other proceedings not affected
   422.    General penalty
   423.    Recovery of costs and expenses
   424.    Fraudulent conduct and false or misleading statements etc.
   425.    Service of notices and orders etc.
   426.    Proof of notices orders or documents
   427.    Continued operation of orders and notices
   428.    References to "owner" or "occupier"
   429.    No abatement
           430-433. Repealed
   434.    Power to authorize proceedings
   435.    Power of officers to prosecute
   436.    Repealed
   437.    Simplification of proof in certain cases
   438.    Proof of by-laws regulations etc.
   439.    Documents as evidence
   440.    Evidence of orders notices etc.
   441.    Repealed
   442.    Certain signatures to be judicially noticed
   442A.   Repealed
   443.    Proof of ownership
   444.    Complaints etc. before Magistrates' Court
   445.    Appeal
   446.    Repealed
   447.    Proceedings in the Supreme Court
   448.    Removal of order etc. into Supreme Court
   449.    Repealed
   450.    Application of penalties
           Divisions 5, 6-Repealed
           451, 452 Repealed
           __________________
           1-5-Repealed
           SCHEDULE 6-Notice of Birth to the Municipal Clerk
           7-11-Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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