Fluoridation Act 1968

Fluoridation Act 1968

This Act may be cited as the Fluoridation Act 1968.

This Act shall commence on a day to be fixed by proclamation.

In this Act, unless the contrary intention appears –

Committee means the Fluoridation Committee established under this Act;

fluoridated water supply means a public water supply to which fluoride has been added (whether before or after the commencement of this Act);

fluoridation works means any machinery, equipment, apparatus, or other things used, or designed for use, for the purposes of, or in connection with – the addition of fluoride to a public water supply; or the maintenance of the content of fluoride in a public water supply at a particular concentration;

fluoride means any salt or compound of fluorine and includes, where applicable, the fluoride ion;

public water supply means a water supply used for supplying water to the public for domestic purposes;

water supply authority means a regulated entity, within the meaning of the Water and Sewerage Industry Act 2008.

There shall be a committee, to be known as the Fluoridation Committee.

The Committee shall consist of 5 members appointed by the Minister, of whom – one is to be the Director of Public Health, or his or her delegate, who is to be the chairperson; one is to be a person with expertise in the design or operation of urban water supply schemes; one is to be a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; one is to be a person who has expertise in analytical chemistry; and one is to be a medical practitioner who holds specialist qualifications in medicine.

Subject to this Act, each member of the Committee holds office for a term of 5 years.

The office of a member of the Committee becomes vacant on the expiration of the term for which he is appointed or if he – dies; resigns his office by writing under his hand addressed to the Minister; ceases to hold the office, or to possess the other qualifications, by virtue of which he was appointed as a member; or is removed from office by the Minister pursuant to subsection (2).

The Minister may remove a member of the Committee from office – for misbehaviour, negligence, or incompetence; if, in the opinion of the Minister, the member has become incapable of performing his duties; if the member is absent, without leave of the Committee, from 3 or more consecutive meetings of the Committee; or if the member ceases to reside in the State.

Where a vacancy occurs in the office of a member of the Committee otherwise than by reason of the effluxion of time, the person appointed to fill the vacancy holds office only for the remainder of the term of office of the member in whose stead he is appointed.

Three members constitute a quorum of the Committee.

The Committee shall hold its first meeting at such time and place as the Minister may fix, and thereafter the Committee shall, subject to section 8(1)(d)(i) and (iii), meet at such times and places as it thinks fit.

The chairman, or in his absence such other member as the members present may determine, shall preside at meetings of the Committee and has a deliberative vote.

Questions arising at meetings of the Committee shall be decided by a majority of the votes of the members present and voting thereon and, in the event of an equality of votes on a question, the chairman or other member presiding at the meeting has a second or casting vote.

Subject to this section, the Committee may regulate its own procedure.

The members of the Committee (other than members who are State Service officers or State Service employees) may be paid such remuneration as the Minister may determine.

The Committee – may, either of its own motion or when requested to do so by the Minister, carry out such investigations as it considers necessary to determine whether or not, having regard to – such specific matters as are prescribed for the purposes of this paragraph; any reports submitted to the Committee pursuant to paragraph (b); and all other matters that the Committee considers relevant or that, in any particular case, the Minister directs it to take into consideration – it would be practicable to add fluoride to any particular public water supply; for the purpose of carrying out such investigations as are referred to in paragraph (a) in relation to a public water supply, may require the Secretary of the Department to obtain and submit to the Committee such reports as it may require or as are prescribed with respect to – the incidence of dental fluorosis or idiopathic mottling, or both, in the district that is served by that water supply; and the dental health of school children residing within that district; after making such investigations as are mentioned in paragraph (a), may make written recommendations to the Minister as to whether, in the opinion of the Committee, the addition of fluoride to the particular public water supply is or is not practicable, and – if in the opinion of the Committee it is practicable to add fluoride to that water supply, shall recommend to the Minister in writing the method to be adopted for that purpose and the chemical (and the concentration thereof) to be used for that purpose; or if in its opinion it is not practicable to add fluoride to the public water supply, shall make to the Minister in writing such recommendations as it thinks desirable with respect to the alternative method (if any) to be adopted for the purpose of ensuring the daily ingestion of fluoride by the inhabitants of any district served by that water supply and the manner of achieving that purpose; may approve a Code of Practice for the fluoridation of public water supplies; may monitor and report to the Minister on a relevant water supply authority's performance and compliance with any Code of Practice approved under paragraph (d); must monitor and report to the Minister on a relevant water supply authority's performance and compliance with any direction given under this Act, including a direction under section 10(1)(a) or (b), and any recommendations contained in such a direction; for the purposes of paragraphs (da) and (db) – must meet as often as may be necessary and, in any case, at least once in each period of 3 months; and may determine the methods by which, and the frequency with which, analyses of public water supplies are to be carried out, and the persons by whom they are to be carried out; and must notify the Minister, in writing, of each determination under subparagraph (ii); and must review, at intervals of not more than 6 months, the level of fluoride maintained in each fluoridated water supply as disclosed by such methods or tests as may be prescribed; and must inquire into, and take such action as the Committee considers necessary to adjust, any discrepancy in the level of fluoride disclosed by a review under subparagraph (iv); and may, and if the Minister so directs must, inquire into, and report to the Minister on, any complaint made as to the operation of a fluoridated water supply or as to any other matter under this Act; and may require the Secretary of the Department to obtain and submit to the Committee such reports as it may require, or as may be prescribed, with respect to the matters referred to in paragraph (b)(i) and (ii); may examine drugs, medicines, and dentifrices for the purpose of ascertaining their fluoride content, if any, and may make to the Minister such recommendations as it thinks desirable with respect to the packing, prescription, sale, and use of any such drugs, medicines, or dentifrices; shall inquire into, and advise the Minister with respect to, industrial conditions, industrial processes, foods, dietary habits, or other matters (whether similar to the foregoing matters or not), and any changes therein, that could have the effect of increasing the intake of fluoride by persons generally, or by any class of persons, residing in a district that is served by a fluoridated water supply; shall co-operate with departments and instrumentalities of the State in relation to the investigation and solution of problems connected with the health of persons engaged in industrial processes, being problems arising from the production, emission, or use in those processes of fluorine, or of any compound thereof, or of any fluoriferous materials; and generally, may exercise such other powers and shall perform such other duties as are conferred or imposed on the Committee by or under this Act.

The Committee – before making a recommendation with respect to the addition of fluoride to a public water supply, shall ascertain the amount of fluoride, if any, already contained in the water in respect of which it proposes to make the recommendation; and if it recommends the addition of fluoride to that water supply, shall give such directions and impose such conditions, in relation to the addition of fluoride thereto, as it considers necessary for the purpose of ensuring that the amount of fluoride so ascertained, together with the amount of fluoride that the Committee proposes to recommend should be added to the water, is within the prescribed fluoride concentration range.

When the Committee makes to the Minister such a recommendation as is referred to in subsection (1)(c)(ii) the Minister may, by notice in writing, direct the permanent head or chief executive officer of such department or instrumentality of the State as the Minister thinks appropriate to do all such acts and things as are specified in the notice and as are within his legal competence for the purpose of giving effect to the recommendation.

The Committee may – at any time after making a recommendation that fluoride be added to a public water supply – rescind the recommendation; revoke or vary any directions given, or conditions imposed, by it pursuant to subsection (2)(b); or in lieu of those directions or conditions, give new directions or impose new conditions; and at any time after making any other recommendation under this Act, rescind or vary the recommendation – and shall make to the Minister, in writing, such a recommendation as the Committee thinks necessary as the result of the action so taken by it.

Where the Minister approves of any action taken by the Committee pursuant to subsection (4)(a), he shall in writing advise the water supply authority (if any) to which the recommendation relates of the action so taken by the Committee and shall direct the water supply authority to do all such acts and things as are necessary for the purpose of giving effect to the recommendation of the Committee under that subsection.

For the purpose of enabling the Committee to carry out its functions under this Act effectually the Committee or a person authorized by the Committee to act under this section (in this section referred to as an "authorized person") – may require a water supply authority to furnish to it or to an authorized person such information in relation to a public water supply under the control of that authority as the Committee or the authorized person may from time to time require; may, at all reasonable times, enter on any land of, or under the control of, a water supply authority, being land in or on which any works, apparatus, or equipment used for the purposes of, or in connection with, a public water supply are or is constructed or situated, for the purpose of inspecting or testing the public water supply, or obtaining information from a study of the public water supply or from a study of any fluoridation works used in connection therewith; and may require any person to furnish to the Committee or to an authorized person such information in the possession of the first-mentioned person in relation to a public water supply as the Committee or the authorized person from time to time requires.

No person shall, without reasonable excuse – obstruct a person acting in accordance with subsection (1)(c); or refuse or fail to furnish any information when so required under subsection (1). Fine not exceeding 50 penalty units.

Where the Committee makes a recommendation to the Minister that fluoride be added to a public water supply, the Minister, if he approves the recommendation, shall – send to the relevant water supply authority a copy of the recommendation and direct the authority, in writing, to give effect to such matters contained in the recommendation as are specified in the direction within a time specified therein; and direct that authority – to allow the Committee or persons authorised by the Committee to enter on land under the control of that authority and used in connection with that water supply and to cause to be constructed or installed on that land such fluoridation works as may be necessary for giving effect to the recommendation; and generally to co-operate with the Committee and facilitate the exercise by or on behalf of the Committee of its duty to give effect to the direction given to it by the Minister under paragraph (a).

Where, pursuant to section 8(2)(b), the Committee has given any directions or imposed any conditions in relation to the addition of fluoride to a public water supply, a direction to the relevant water supply authority under subsection (1)(a) shall set forth the directions so given or the conditions so imposed.

A water supply authority is to comply in all respects with a direction given to it by the Minister under this section.

A water supply authority must not add fluoride, or cause fluoride to be added, to a public water supply– except in consequence of a direction given by the Minister under this section; or otherwise than in accordance with the provisions of this Act and the terms of such a direction.

No person, other than a person authorised by the Committee or a water supply authority acting under a direction in that behalf given to it by the Committee, shall add fluoride to a public water supply. Fine not exceeding 50 penalty units and, in the case of a continuing offence, an additional fine not exceeding 2 penalty units for each day on which the offence continues after conviction.

Where, pursuant to a direction under section 10–

a person authorised under section 10(5); or a water supply authority –

adds fluoride to a public water supply, that person or that authority, as the case requires–

must cause the content of fluoride in that public water supply to be maintained within the prescribed fluoride concentration range;

shall not add, or permit to be added, to that public water supply fluoride in a form other than that specified in the direction; and shall comply with any directions given or conditions imposed by the Committee under section 8(2)(b) that are specified in the Minister's direction under section 10.