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This Act may be cited as the Health (Fluoridation) Act 1973.
This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2 amended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).
In this Act unless inconsistent with the context or subject-matter—
S. 2(1) def. of Chief General Manager inserted by No. 10262 s. 4(Sch.), repealed by No. 46/1998 s. 7(Sch. 1).
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S. 2(1) def. of Commission substituted by No. 9023 s. 40(Sch. 1 Pt A item 8), repealed by No. 10262 s. 4(Sch.).
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district in respect of any water supply authority means any district within which such authority is empowered by any Act to operate a public water supply;
fluoride includes any compound of fluorine;
prescribed means prescribed by or under this Act;
public water supply means any water supply under the control of a water supply authority;
s. 2
regulations means regulations made under this Act;
S. 2(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 29/2010 s. 57(1).
Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
S. 2(1) def. of water supply authority amended by Nos 9895 s. 2(1)(Sch. 1 item 17), 10081 s. 5(1)(Sch.), 12/1989 s. 4(1)(Sch. 2 item 58.1), substituted by Nos 81/1989 s. 3(Sch. item 22), 110/1997 s. 43, amended by No. 17/2012 s. 89.
water supply authority means—
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an Authority within the meaning of the Water Act 1989 that has a water district; or
a council performing water supply functions under the Local Government Act 1989; or
Melbourne Water Corporation.
S. 2(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 94), 29/2010 s. 57(2).
If under the Public Administration Act 2004 the name of the Department of Health is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
s. 3
This Act shall bind the Crown.
S. 4 substituted by No. 124/1993 s. 9.
No person has any right of action against—
a water supply authority; or
a member of a water supply authority; or
a person acting under the direction of a water supply authority; or
a person acting on behalf of a water supply authority under a contract made between that authority and the person—
in respect of anything done in regard to the fluoridation of a public water supply in accordance with the provisions of this Act.
S. 5(1) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
A water supply authority may and when required by the Secretary shall add fluoride to any public water supply under its control in the manner determined by the Secretary pursuant to this Act for dental health purposes.
S. 5(2) amended by No. 124/1993 s. 10(a).
No person shall add fluoride to any public water supply except by and in accordance with the direction of the water supply authority or on behalf of a water supply authority under a contract made between that authority and the person.
Nothing in this Act shall authorize a water supply authority to add fluoride to an extent that results in an average optimum concentration in excess of one part fluoride per million parts of water.
s. 5
Before adding fluoride to any public water supply under its control, a water supply authority shall—
S. 6(1)(a) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
submit to the Secretary plans and specifications for the proposed scheme for fluoridation;
specify the public water supply and the district or districts in respect of which such scheme is intended to operate; and
S. 6(1)(c) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
furnish to the Secretary such further information as the Secretary may in any case require.
S. 6(2) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
After considering the proposed scheme in relation to the aspects of public health and the ability of the water supply authority to operate the scheme satisfactorily, the Secretary shall—
determine the maximum concentration of fluoride expressed as parts of fluoride ion per million parts of water by weight that may be established in the public water supply by the water supply authority;
s. 6
specify the compound or compounds of fluoride that may be added to the public water supply concerned; and
advise the water supply authority of its decision in these matters.
The water supply authority adding fluoride to a public water supply—
S. 6(3)(a) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
shall so regulate the concentration of fluoride that such concentration shall not exceed the maximum concentration determined by the Secretary; and
S. 6(3)(b) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
shall not add to the public water supply fluoride in any form other than that specified by the Secretary.
7 Requirements in respect of water supply authorities adding fluoride to public water supply immediately before the commencement of this Act
s. 7
S. 7(1) amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
Where a water supply authority was, immediately before the commencement of this Act, using any equipment for the purpose of adding fluoride to any public water supply under its control such water supply authority shall forthwith submit plans and specifications of its scheme to the Secretary for consideration as required by section 6.
Notwithstanding anything in sections 5 or 6 such authority may subject to the other provisions of this Act and the regulations continue the use of such equipment.
S. 8 amended by Nos 10262 s. 4(Sch.), 46/1998 s. 7(Sch. 1).
The net capital costs and expenses incurred by any water supply authority in the installation of the necessary equipment and control measures for an approved system for adding fluoride to any public water supply under its control shall be paid to the water supply authority on the recommendation of the Secretary out of moneys to be provided by the Parliament for that purpose.
S. 9 amended by Nos 10262 s. 4(Sch.), 124/1993 s. 10(b)(i)(ii), 46/1998 s. 7(Sch. 1).
Any person authorized in writing by the Secretary may at any time enter upon the lands of any water supply authority or the lands of any person acting under the direction of, or on behalf of, a water supply authority under a contract made between that authority and the person to examine and test equipment used in adding fluoride to the water and take samples of any chemical substance being used or to take samples of water for analysis from any point in the water supply system of the authority or person acting under the direction of, or on behalf of, a water supply authority under a contract made between that authority and the person.
Any person, not being a water supply authority, who contravenes or fails to comply with any of the provisions of this Act or any water supply authority contravening or failing to comply with any of the provisions of this Act or of the regulations thereunder shall be guilty of an offence against this Act; and shall be liable to a penalty of not less than $200 nor more than $1000 and in the case of a continuing offence, to a daily penalty not exceeding $40.
s. 10
The Governor in Council may make regulations not inconsistent with this Act for or with respect to—
S. 11(a) substituted by No. 124/1993 s. 11(a).
the duties of a water supply authority or a person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person relating to the addition of fluoride to a public water supply including—
the imposition of requirements as to the taking of samples of water from the public water supply of the authority or the person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person; and
the testing and analysing of the samples by the authority, the person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person and by other prescribed persons or bodies.
prescribing the method of making such analyses and tests and the times or intervals at which such analyses and tests shall be made;
the records to be kept for the purposes of this Act by a water supply authority to whom an approval under this Act has been granted;
S. 11(ca) inserted by No. 124/1993 s. 11(b).
the records to be kept by a person acting under the direction of or on behalf of a water supply authority under a contract made between that authority and the person;
the licensing of persons employed in operating plant or equipment used for adding fluoride to any public water supply;
the handling and use of fluoride for the purposes of this Act;
the protection of persons employed in the handling or use of fluoride for the purposes of this Act;
all matters which are required or permitted to be prescribed or which are necessary to be prescribed for carrying out or giving effect to this Act.
S. 12 repealed by No. 9863 s. 2(Sch.), new s. 12 inserted by No. 124/1993 s. 12.
s. 12
It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from entertaining an action of the kind referred to in section 4.
S. 13 repealed by No. 9863 s. 2(Sch.), new s. 13 inserted by No. 110/1997 s. 44.
s. 13
It is the intention of section 4, as it applies with respect to water supply authorities within the meaning given to that term by this Act as amended by section 43 of the Water Acts (Further Amendment) Act 1997, to alter or vary section 85 of the Constitution Act 1975.