Page 3273 - Week 10 - Thursday, 19 October 2006
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Some of the pieces of legislation affected are the focus of planned legislative reviews—for example, the Mental Health (Treatment and Care) Act 1994. As the Castan centre advice will be considered in the scope of these individual reviews, these particular pieces of legislation are not covered by this bill. However, the amendments recommended by the review which are covered in this bill involve the following pieces of legislation:
• The Gene Technology Act 2003, where amendments have been made to shorten the current warrant period, under section 172 (4) (c), granted for the inspection of premises by inspectors for the purpose of monitoring compliance with this act.
• The Public Health Act 1997, in order to minimise the implications, primarily in respect of a person’s right to privacy under section 12 of the Human Rights Act. Amendments have been made to the Public Health Act to:
(i) limit inspection powers under section 76 (1) (b) (i), so that entry is only authorised with the consent of the occupier or in accordance with a warrant;
(ii) have the powers relating to notifiable diseases under sections 100 and 101 constrained by the designator’s “reasonable belief that such declarations are necessary in the interests of maintaining public health”;
(iii) constrain the minister’s power of notification in respect of notification of notifiable diseases in section 100 by reference to “reasonable grounds” and “the necessity to protect public health”; and
(iv) clarify that detentions under section 116 dealing with public health directions implementation that have been enforced otherwise by a court must be reviewed within 48 hours, unless a person subject to the direction consents.
• The Public Health Regulations 2000, in order to minimise implications in respect of a person’s freedom of expression under section 16 (2) of the Human Rights Act. The minister’s power in section 51 (2) to prohibit the advertising or supply of a drug, article or apparatus that the minister believes is injurious to life or health has been amended to require the minister’s belief to be reasonable.
• The Food Act 2001 and the Health Professionals Act 2004 have been amended to include specific reference to another territory law or another law applying in the ACT where another act is referred to. This is necessary to ensure the protections provided by the Commonwealth Evidence Act 1995 apply to the administration of this act.
• The Sexually Transmitted Diseases Act 1956 and the Tuberculosis Act 1950 have been repealed and the relevant provisions within the Public Health Act 1997 have been relied upon.
The third category of amendments relates to other health portfolio amendments that were not suitable for a separate bill or, as I said, for inclusion in the Statute law Amendment Bill. They include:
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