Schedule 4

Consequential amendments

Current

Section 12

Ambulance Service Act 1982

1. Section 36(2) is amended by omitting paragraph (a) and substituting the following paragraph:

(a)

a hospital maintained and operated by or on behalf of the State; or

Anatomy Act 1964

1. Section 3(1) is amended by omitting the definition of public hospital and substituting the following definition:

public hospital means a hospital maintained and operated by or on behalf of the State;

public hospital

Child Protection Act 1974

1. Section 7 is amended as follows:

(a)

by omitting paragraph (a) of subsection (1) and substituting the following paragraph:

(a)

a hospital maintained and operated by or on behalf of the State; or

(b)

by omitting subsection (3) and substituting the following subsection:

(3)

For the purposes of this Act, the responsible authority for an assessment centre that is a hospital maintained and operated by or on behalf of the State is the Secretary of the responsible Department in relation to the Health Act 1997.

Child Welfare Act 1960

1. Section 64(10) is amended by omitting paragraph (e) and substituting the following paragraph:

(e)

in a hospital maintained and operated by or on behalf of the State or premises in respect of which a licence is in force under Part III of the Hospitals Act 1918; or

Cosgrove Park Act 1962

1. Section 2 is amended by omitting the definition of board.

2. Section 3 is amended as follows:

(a)

by omitting from subsection (1) "the board has power and shall be deemed always to have had" and substituting "the Minister on behalf of the State has";

(b)

by omitting subsection (2) and substituting the following subsection:

(2)

The Launceston Public Hospitals Board and the Northern Regional Health Board are taken always to have had power to do any of the things specified in subsection (1)(a), (b) or (c).

3. Section 6 is amended by omitting "board may, with the approval of the Minister," and substituting "Minister may".

4. Section 7 is amended as follows:

(a)

by omitting subsection (1) and substituting the following subsection:

(1)

The Minister is to maintain the Cosgrove Park Development Fund established by the former board.

(b)

by inserting in subsection (2) "former" before "board" (wherever occurring);

(c)

by omitting from subsection (3) "board" and substituting "Minister";

(d)

by omitting from subsection (4) "board" and substituting "Minister";

(e)

by omitting from subsection (4) ", apply with the approval of the Minister," and substituting "apply";

(f)

by inserting after subsection (4) the following subsection:

(5)

In this section –

former board means the Launceston Public Hospitals Board in existence immediately before the commencement of the Health (Regional Boards) Act 1991;

fund means the Cosgrove Park Development Fund maintained by the Minister under this section.

former board means the Launceston Public Hospitals Board in existence immediately before the commencement of the Health (Regional Boards) Act 1991;

former board

fund means the Cosgrove Park Development Fund maintained by the Minister under this section.

fund

Dental Act 1982

1. Section 37(4) is amended as follows:

(a)

by omitting paragraph (a) and substituting the following paragraph:

(a)

a hospital maintained and operated by or on behalf of the State;

(b)

by omitting from paragraph (b) "that Act" and substituting "the Hospitals Act 1918".

Health Complaints Act 1995

1. Section 3 is amended as follows:

(a)

by omitting "Health (Regional Boards) Act 1990" from the definition of Health Department and substituting "Health Act 1997";

(b)

by omitting "Health (Regional Boards) Act 1990" from the definition of Health Minister and substituting "Health Act 1997".

Industrial Relations Act 1984

1. Section 66 is amended as follows:

(a)

by omitting from subsection (3) "Health (Regional Boards) Act 1991 concerning the provision of services for a hospitals board by health practitioners visiting a hospital the maintenance, management, and regulation of which the board is charged pursuant to that Act" and substituting "Health Act 1997 concerning the provision of services for a hospital maintained and operated by or on behalf of the State by health practitioners visiting such a hospital";

(b)

by omitting the definition of hospitals board from subsection (5).

Land and Income Taxation Act 1910

1. Section 10 is amended as follows:

(a)

by omitting from subsection (1)(e) "a hospitals board or";

(b)

by omitting from subsection (3A) the definition of "hospitals board".

Mental Health Act 1963

1. Section 3(1) is amended as follows:

(a)

by omitting paragraph (b) of the definition of "hospital authority" and substituting the following paragraph:

(b)

when used in relation to a public hospital, the Secretary; and

(b)

by omitting the definition of public hospital and substituting the following definition:

public hospital means a hospital maintained and operated by or on behalf of the State;

public hospital

Mental Health Act 1996

1. Section 3 is amended by omitting paragraph (a) of the definition of "controlling authority" and substituting the following paragraph:

(a)

in the case of a hospital or an assessment centre maintained and operated by or on behalf of the State, the Secretary of the Department; or

Motor Vehicles Taxation Act 1981

1. Section 8(1)(b) is amended as follows:

(a)

by omitting from subparagraph (iii) "authority;" and substituting "authority; or";

(b)

by omitting from subparagraph (iv) "or" second occurring;

(c)

by omitting subparagraph (v).

Ombudsman Act 1978

1. Schedule 1 is amended by omitting item 26.

Perinatal Registry Act 1994

1. Section 16 is amended as follows:

(a)

by omitting from paragraph (b) of the definition of "attendant" in subsection (1) "Regional Health Board which maintains and operates that hospital or, where the Board has delegated its" and substituting "Secretary or, where the Secretary has delegated his or her";

(b)

by omitting paragraph (b) of subsection (3).

Pharmacy Act 1908

1. Section 21(3) is amended by omitting the definition of public hospital and substituting the following definition:

public hospital means a hospital maintained and operated by or on behalf of the State.

public hospital

2. Section 30B(6) is amended by omitting "a board under the Health (Regional Boards) Act 1991 or" and substituting "or on behalf of the State or by a".

3. Section 30C(2) is amended by omitting "a board under the Health (Regional Boards) Act 1991 or" and substituting "or on behalf of the State or by a".

Poisons Act 1971

1. Section 3(1) is amended by omitting the definition of public hospital and substituting the following definition:

public hospital means a hospital maintained and operated by or on behalf of the State;

public hospital

Public Health Act 1962

1. Section 20(2) is amended by omitting "A Regional Health Board established under the Health (Regional Boards) Act 1991" and substituting "The Secretary of the Department".

2. Section 29 is amended as follows:

(a)

by omitting from subsection (1) "hospitals board" and substituting "Secretary of the Department";

(b)

by omitting from subsection (9) the definitions of "hospitals board" and "public hospital" and substituting the following definition:

3. Section 54(4) is amended by omitting paragraph (c) and substituting the following paragraph:

(c)

hospital maintained and operated by or on behalf of the State;

Public Trustee Act 1930

1. Section 61(2) is amended by omitting "a Board under the Health (Regional Boards) Act 1991" and substituting "or on behalf of the State".

Stamp Duties Act 1931

1. Section 3(1) is amended by omitting "a board under the Health (Regional Boards) Act 1991" from the definition of "private hospital" and substituting "or on behalf of the State".

2. Schedule 3 is amended by omitting from paragraph (b)(iii) of item 31 in Part I "a Board within the meaning of the Health (Regional Boards) Act 1991, or by".

Therapeutic Goods and Cosmetics Act 1976

1. Section 2(1) is amended by omitting paragraph (b) of the definition of "public institution" and substituting the following paragraph:

(b)

a hospital maintained and operated by or on behalf of the State;

The amendments effected by Section 12 and this Schedule have been incorporated into the authorised version of the appropriate Acts.

This Act’s bill:Explanatory notes Second reading speech

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