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PUBLIC HEALTH (MISCELLANEOUS PROVISIONS) ACT 1997 (NO. 70 OF 1997) - SCHEDULE 1

    SCHEDULE 1     Subsection 43 (1)        

REFERENCES TO STATUTORY OFFICERS
(AMENDMENTS OF ACTS)

Building Act 1972

Paragraph 5 (6) (b)—

Omit the paragraph, substitute the following paragraph:

    “(b)     ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 .”.

Paragraphs 9C (1) (a), 51L (1) (b) and (3) (b) and 51M (1) (b)

Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

Subsection 51M (2)—

Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

Cemeteries Act 1933

Subsection 2 (1) (definition of “Medical Officer of Health”)—

Omit the definition.

Paragraph 16 (b)—

Omit “Medical Officer of Health”, substitute “Chief Health Officer under the Public Health Act 1997 ”.

Drugs of Dependence Act 1989

Subsection 3 (1) (definition of “Medical Officer of Health”)—

Omit the definition.

Subsection 3 (1)—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Subparagraph 60 (1) (j) (i)—

    (a)     Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

    (b)     Omit “ ‘APPROVED BY MOH' ”, substitute “ ‘APPROVED BY CHO' ”.

Subparagraph 60 (1) (j) (ii)—

    (a)     Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

    (b)     Omit “ ‘MOH APPROVAL NOT REQUIRED' ”, substitute
“ ‘CHO APPROVAL NOT REQUIRED' ”.

Further amendments—

The following provisions are amended by omitting “Medical Officer of Health” (wherever occurring) and substituting “Chief Health Officer”:

Subsections 8 (2) and (3), 9 (1) to (5) (inclusive) and 10 (1), section 12, subsection 16 (1), section 17, subsections 22 (2) and (3), 23 (1) to (4) (inclusive) and 24 (1), sections 26 and 30, subsections 35 (3), 36 (1) and 37 (2), section 40, subsections 42 (1), 43 (1), 45 (1), (2) and (3), 46 (1) and (2) and 47 (1), section 48, subsections 50 (1) and (3), section 51, paragraph 53 (2) (b), subsections 54 (5) and 58 (2) and (3), section 59, subsection 64 (6), paragraph 68 (d), subsection 69 (1), paragraphs 69 (2) (a) and (b), subsections 69 (3) and (4), 70 (2) and (3), 71 (1), (2) and (3), 72 (1) and (2) and 73 (1), paragraph 73 (2) (c), subsections 74 (1) and 75 (3), paragraph 82 (b), subsections 86 (1) and (3), 87 (1), 88 (1) and 90 (1) and (3), sections 94 and 98, paragraph 106 (4) (a), subsections 111 (2) to (5) (inclusive), 112 (3) and (4) and 114 (2) and (3), paragraphs 114 (4) (b) and 120 (3) (b), subsections 175 (1) to (4) (inclusive), section 183, subsection 190 (4), section 203 and Form 4 in Schedule 4.

Food Act 1992

Section 3 (definition of “identity card”)—

Omit the definition, substitute the following definition:

“ ‘identity card', in relation to a Public Health Officer, means the identity card issued to the Officer under the Public Health Act 1997 ;”.

Section 3 (definition of “health officer”)—

Omit the definition.

Section 3—

Insert the following definition:

“ ‘Public Health Officer', in relation to a function under this Act, means—

        (a)     a Public Health Officer under the Public Health Act 1997 who is authorised in writing by the Chief Health Officer under that Act to perform that function; or

        (b)     the Chief Health Officer under the Public Health Act 1997 ;”.

Paragraph 46 (2) (b)—

Omit “health officer's”, substitute “Officer's”.

Paragraph 47 (2) (g)—

Omit “health officer's opinion,”, substitute “opinion of the Public Health Officer who issued the notice,”.

Heading to Division 2 of Part VII—

Omit “"Health officers' "”, substitute “"Public Health Officers'"”.

Heading to Division 3 of Part VII—

Omit “"health officers"”, substitute “"Public Health Officers"”.

Further amendments—

The following provisions are amended by omitting “health officer” (wherever occurring) and substituting “Public Health Officer”:

Subsection 11 (3), section 36, subsection 46 (1), paragraph 46 (2) (a), subsections 46 (4), 47 (1) and (3) and 48 (1), paragraph 48 (2) (b), subsections 48 (3), 50 (3), 51 (1), (2) and (4) (definition of “prescribed premises”) and 52 (1) and (2), section 53, subsection 54 (1), section 55, subsections 56 (1) and (2), section 57, subsection 59 (2), sections 60, 66 and 67, subsections 68 (1) and 69 (1), (2) and (3), section 70, subsections 73 (1) and (2), paragraphs 75 (1) (a) and (b), section 76, subsections 78 (1) and 79 (2) and section 80.

Hawkers Act 1936

Subsection 4 (1) (definition of “Medical Officer of Health”)—

Omit the definition.

Subsection 4 (1)—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Section 8A—

Omit “Medical Officer of Health” (wherever occurring), substitute “Chief Health Officer”.

Subsection 12A (2)—

Omit “Medical Officer of Health” (wherever occurring), substitute “Chief Health Officer”.

Meat Act 1931

Section 4 (definition of “identity card”)—

Omit the definition, substitute the following definition:

“ ‘identity card', in relation to a Public Health Officer, means the identity card issued to the officer under the Public Health Act 1997 ;”.

Section 4 (definitions of “Environmental Health Officer” and “Medical Officer of Health”)—

Omit the definitions.

Section 4—

Insert the following definitions:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;
“ ‘Public Health Officer', in relation to a function under this Act, means—

        (a)     a Public Health Officer under the Public Health Act 1997 who is authorised in writing by the Chief Health Officer to perform that function; or

        (b)     the Chief Health Officer;”.

Section 8—

Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

Subsection 9 (1)—

Omit “Medical Officer of Health” (wherever occurring), substitute “Chief Health Officer”.

Section 9A—

Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

Subsection 11 (1)—

Omit “An Environmental Health Officer”, substitute “A Public Health Officer”.

Subsection 11 (1B)—

Omit “an Environmental Health Officer”, substitute “a Public Health Officer”.

Subsection 11 (2)—

Omit “An Environmental Health Officer”, substitute “A Public Health Officer”.

Subsections 18 (1) and (2)—

Omit “an Environmental Health Officer”, substitute “a Public Health Officer”.

Subsection 18 (3)—

Omit “An Environmental Health Officer”, substitute “A Public Health Officer”.

Subsections 18 (4), (4A) and (5)—

Omit “an Environmental Health Officer” (wherever occurring), substitute “a Public Health Officer”.

Subsection 19A (2)—

Omit “the Medical Officer of Health”, substitute “a Public Health Officer, the Chief Health Officer or the Medical Officer of Health under the Public Health Act 1928 ,”.

Poisons Act 1933

Subsection 5 (1) (definition of “Medical Officer of Health”)—

Omit the definition.

Subsection 5 (1)—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Subsections 8 (1) to (4) (inclusive)—

Omit “Medical Officer of Health” (wherever occurring), substitute “Chief Health Officer”.

Poisons and Drugs Act 1978

Subsection 3 (1) (definition of “Medical Officer of Health”)—

Omit the definition.

Subsection 3 (1)—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Further amendments—

The following provisions are amended by omitting “Medical Officer of Health” and substituting “Chief Health Officer”:

Section 27C, subsection 27D (1), paragraph 27D (2) (c) and subsections 27E (1) and (2), 49 (1) and 54A (2).

Prostitution Act 1992

Subsection 17 (4) (definition of “designated medical practitioner”)—

Omit “Medical Officer of Health”, substitute “Chief Health Officer under the Public Health Act 1997 ”.

Public Health (Prohibited Drugs) Act 1957

Section 2 (definition of “Medical Officer of Health”)—

Omit the definition.

Section 2—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Subsection 5 (2)—

Omit “Medical Officer of Health”, substitute “Chief Health Officer”.

Section 6—

Omit “Medical Officer of Health” (wherever occurring), substitute “Chief Health Officer”.

Sexually Transmitted Diseases Act 1956

Section 4 (definition of “Medical Officer of Health”)—

Omit the definition.

Section 4—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Further amendments—

The following provisions are amended by omitting “Medical Officer of Health” (wherever occurring) and substituting “Chief Health Officer”:

Subsections 6 (1) and (2), 6A (1) and (3), 7 (1) and (2), 8 (1), (4), (5) and (6), 9 (1), (2), (3) and (5), 10 (1) and 11 (2), section 12, subsection 15 (1), sections 17 and 18 and subsection 19 (2).

Skin Penetration Procedures Act 1994

Paragraph 5 (3) (b)—

Omit the paragraph, substitute the following paragraphs:

    “(b)     a Public Health Officer under the Public Health Act 1997 who is authorised in writing by the Chief Health Officer under that Act to perform functions for the purposes of this Act;

        (c)     the Chief Health Officer under the Public Health Act 1997 .”.

Subsection 32 (1) (definition of “identity card”)—

Omit all the words after “by virtue of”, substitute “paragraph 5 (3) (b) or (c), an identity card under the Public Health Act 1997 ”.

Tobacco Act 1927

Subsection 11 (6) (definition of “authorised officer”, paragraph (b))—

Omit the paragraph, substitute the following paragraph:

    “(b)     a Public Health Officer, or the Chief Health Officer, under the Public Health Act 1997 .”.

Tuberculosis Act 1950

Section 3 (definition of “Medical Officer of Health”)—

Omit the definition.

Section 3—

Insert the following definition:

“ ‘Chief Health Officer' means the Chief Health Officer under the Public Health Act 1997 ;”.

Further amendments—

The following provisions are amended by omitting “Medical Officer of Health” (wherever occurring) and substituting “Chief Health Officer”:

Subsections 4 (1) and 7 (1) and (3), section 8 and subsections 9 (1), (2), (3), (5), (8), (10) and (12), 10 (1) and 12 (1), (2) and (3).



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