AUSTRALIAN CAPITAL TERRITORY

tuberculosis act 1950
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 10 November 1999
TABLE OF PROVISIONS
Section
	1.	Short title
	3.	Interpretation
	4.	Notices by medical practitioner in respect of sufferers from tuberculosis
	6.	Notice requiring persons to submit to examination
	7.	Notice requiring individuals to undergo certain examinations
	8.	Where patient cannot attend
	9.	Magistrate may order persons suffering from tuberculosis to be removed to institution etc.
	10.	Appeal against orders of detention
	11.	Offences
	12.	Delegation
	13.	Regulations

An  Act to provide for and regulate the Examination of Persons suffering or suspected to be suffering from Tuberculosis and for the Prevention and Eradication of Tuberculosis
1. 	Short title
	This Act may be cited as the Tuberculosis Act 1950.1
3. 	Interpretation
	In this Act, unless the contrary intention appears—
“Chief Health Officer” means the Chief Health Officer under the Public Health Act 1997;
“medical practitioner” means a medical practitioner registered under the Medical Practitioners Registration Act 1930-1950;
“the Court” means the Magistrates Court.
4. 	Notices by medical practitioner in respect of sufferers from tuberculosis
(1) 	A medical practitioner who—
	(a)	has reason to believe that any person professionally attended by him is or may be suffering from tuberculosis; or
	(b)	by post mortem examination or otherwise becomes aware that any deceased person attended professionally by him before death or examined by him after death was at the time of his death suffering from tuberculosis,
shall forthwith give notice to the Chief Health Officer accordingly.
(2) 	A notice under this section shall state—
	(a)	whether the disease is or was in an active form or is suspected of being or having been in that form; and
	(b)	whether the person to whom the notice relates is or was in an infectious condition or is suspected of being or having been in that condition.
Penalty:  5 penalty units.
6. 	Notice requiring persons to submit to examination
(1) 	The Minister may, by notice in the Gazette addressed to all or any persons over fourteen years of age residing in the Territory, require those persons to submit themselves to radiological examination of their lungs at such times and places as are specified in the notice, and every person to whom the notice applies shall submit himself to examination accordingly.
(2) 	A notice under subsection (1) of this section shall not apply to a person who is the holder of a certificate issued by a medical practitioner certifying that that person has, within the period of three months immediately preceding the date upon which the notice is published in the Gazette, undergone a radiological examination of his lungs and that the person was not found to be suffering from tuberculosis.
(3) 	Where a person to whom a notice under this section relates has not attained the age of eighteen years, any parent, guardian or other person having the charge of that first-mentioned person shall do all things within his power to ensure that that first-mentioned person complies with the notice.
Penalty:  10 penalty units.
7. 	Notice requiring individuals to undergo certain examinations
(1) 	Where the Chief Health Officer has reason to believe that a person (in this section referred to as “the patient”) is or may be suffering from tuberculosis and has refused or failed to undergo medical or other examination to the satisfaction of the Chief Health Officer in respect of that disease, the Chief Health Officer may—
	(a)	where the patient has attained the age of fourteen years—by notice in writing delivered to the patient, require the patient to undergo; or
	(b)	in any other case—by notice in writing delivered to the parent, guardian or other person having the charge of the patient, require that person to do all things within his power to ensure that the patient undergoes,
within a period specified in the notice, such medical, radiological and bacteriological examinations as the Chief Health Officer specifies in the notice.
(2) 	A notice under this section may specify the place where the examination is to take place.
(3) 	Where a notice under this section is given to a patient who has attained the age of fourteen years but has not attained the age of eighteen years, the Chief Health Officer may deliver a copy of the notice to any parent, guardian or other person having the charge of the patient, and that person shall thereupon do all things within his power to ensure that the patient complies with the notice.
Penalty:  10 penalty units.
8. 	Where patient cannot attend
	Where the Chief Health Officer is satisfied that it is impracticable for a person whose examination is required in pursuance of a notice under this Act to attend at the place specified in the notice, or that it is not in the interests of the health of that person for him so to attend, it shall be sufficient compliance with the notice if the person undergoes the examination, or (as the case requires) if the parent, guardian or other person does all things within his power to ensure that the patient undergoes the examination, within the period specified in the notice, at the hands of a medical practitioner nominated for the purpose by the Chief Health Officer.
9. 	Magistrate may order persons suffering from tuberculosis to be removed to institution etc.
(1) 	Where, upon application by the Chief Health Officer for an order under this section, the Court is satisfied that a person (in this section referred to as “the patient”) is suffering from tuberculosis in an infectious condition, and that—
	(a)	in the patient’s interest he should be properly attended and treated;
	(b)	the patient’s circumstances are such that proper precautions to prevent the spread of the infection cannot be taken, or that such precautions are not being taken; and
	(c)	substantial risk of infection is or will be thereby caused to others,
the Court may order the patient to be removed to an institution (or some other place agreed upon by the patient and the Chief Health Officer) where he can be properly attended and treated and to be detained there for such period, not exceeding six months, as the Court thinks fit, or, if the patient is an in-patient in an institution and proposes, contrary to the advice of the Chief Health Officer or of a medical officer of the institution or tuberculosis practitioner, to leave the institution, order him to be detained in the institution or in some other institution or suitable place for such period, not exceeding six months, as the Court thinks fit.
(2) 	At any time while a patient is detained in pursuance of an order for the time being in force under the last preceding subsection, the Court may, upon application by the Chief Health Officer for an order under this subsection, and upon being satisfied that the conditions which led to the patient’s detention being ordered will again exist if he is not detained for a further period after the expiration of the existing period of detention, order the detention of the patient in the same place (or in some other place agreed upon by the patient and the Chief Health Officer) for a further period, not exceeding six months in the case of any one order.
(3) 	Where an application for an order is made under this section, the Chief Health Officer shall give to the patient, and, in the case of a patient who has not attained the age of eighteen years, to any parent, guardian or other person having, or normally having, the charge of the patient, not less than three clear days’ notice in writing of the time and place at which the application will be heard.
(4) 	At any time during the currency of an order under the preceding provisions of this section, any person, on behalf of the patient, may apply to the Court for the revocation of the order, and the Court may, if it thinks fit, revoke the order.
(5) 	Where an application is made under the last preceding subsection, the person making the application shall give to the Chief Health Officer not less than three clear days’ notice in writing of the time and place at which the application will be heard.
(6) 	Where an application is made under this section the Court may, if it thinks fit, require the patient to be examined by a medical practitioner appointed by it for the purpose.
(7) 	Subject to the provisions of this section, and to the decision of the Judge on any appeal under the next succeeding section, every order under this section shall be final and binding on all parties.
(8) 	An order under this section may be addressed to the Chief Health Officer or such other person as the Court thinks expedient, and the person to whom the order is addressed may do all acts necessary for giving effect to the order.
(9) 	The medical officer or other person in charge in an institution or other place to which a patient is ordered under this section to be removed shall, on the presentation of the order, receive the patient and arrange for his medical treatment, and shall do such other acts as are necessary for giving effect to the order.
(10) 	At any time while a patient is detained in an institution or other place in pursuance of an order under this section, the Court may, if it thinks fit, on the application of the Chief Health Officer or of the medical officer or other person in charge of the institution or place, order the patient to be removed to another institution or suitable place and to be detained there while the first-mentioned order continues in force.
(11) 	The provisions of subsections (3) to (9) of this section shall, so far as applicable and with the necessary modifications, apply with respect to every application and every order made under the last preceding subsection.
(12) 	A person who is removed to or detained in an institution or other place in pursuance of an order under this section shall not, while the order continues in force, except with the consent of the Chief Health Officer or of the medical superintendent of the institution or place, leave or attempt to leave the institution or place.
Penalty for contravention of subsection (12):  10 penalty units.
10. 	Appeal against orders of detention
(1) 	If the chief health officer or anyone else is dissatisfied with an order or decision of the Magistrates Court under section 9, the chief health officer or other person may appeal to the Supreme Court within 7 days after the making of the order or decision or any further time the Supreme Court allows.
(2) 	On the hearing of the appeal, the Judge may confirm, modify, or reverse the order or decision of the Court and the Judge’s decision shall be final and binding on all parties.
(3) 	The Judge shall make no order as to costs in respect of an appeal under this section except where the appeal is by or on behalf of a patient and is successful.
(4) 	Subject to the provisions of this section, the procedure on the appeal shall be such as is prescribed by regulations under this Act, and, in so far as those regulations do not extend, shall be in accordance with the rules relating to appeals to the Supreme Court against final determinations of the Magistrates Court in its civil jurisdiction.
11. 	Offences
	A person shall not—
	(a)	wilfully disobey an order, direction or requirement under this Act;
	(b)	obstruct, delay or interfere with the prompt execution of, or compliance with, any such order, direction or requirement; or
Penalty: 10 penalty units.
12. 	Delegation
(1) 	The Chief Health Officer may, either generally or as otherwise provided by the instrument of delegation, by writing, delegate any of his or her powers under this Act other than this power of delegation.
(2) 	A power so delegated when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Chief Health Officer.
(3) 	A delegation under this section does not prevent the exercise of a power by the Chief Health Officer.
13. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding a fine of—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units;
for any breach of the regulations.

NOTES
1.	The Tuberculosis Act 1950 as shown in this reprint comprises Act No. 6, 1950 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Tuberculosis Ordinance 1950	6, 1950	10 Aug 1950	10 Aug 1950		
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
	as
amended
by
36, 1967	

30 Nov 1967	

23 Dec1967	

—	
Ordinances Revision (Age of Majority) Ordinance 1974	47, 1974	24 Oct 1974	1 Nov 1974	—	
Ordinances Revision (Health Commission) Ordinance 1975	17, 1975	1 July 1975	1 July 1975	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Ordinances Revision (Penalties) Ordinance 1979	26, 1979	31 Aug 1979	31 Aug 1979	—	
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Community and Health Service (Consequential Provisions) Ordinance 1988	29, 1988	30 June 1988	2 July 1988	S. 4	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

(Reprinted as at 31 May 1991)	
Health Services (Consequential Provisions) Act 1990	63, 1990	28 Dec 1990	Ss. 1 and 2:  28 Dec 1990
Remainder:  31 Jan 1991 (see  s. 2 (2) and Gazette 1991, No. S4) 	Ss. 6-17	
Public Health (Miscellaneous Provisions) Act 1997	70, 1997	9 Oct 1997	Ss. 41 and 43 (1):  13 Aug 1998 (see Gazette 1998, No. S185) (a)	Part VI (ss. 37-39) (see Note 3) and   
s. 41	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder: 9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Law Reform (Miscellaneous Provisions) Act 1999
	1999 No 66	10 Nov 1999	10 Nov 1999	—	
(a)	The Tuberculosis Act 1950 was amended  by subsection 43 (1) and Schedule 1 only of the Public Health (Miscellaneous Provisions) Act 1997, subsection 2 (2) of which provides as follows: 
“(2) The remaining provision commence on a day, or respective days, fixed by the Minister by notice in the Gazette.” 
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	rep. No. 46, 1978
S. 3	am. No. 17, 1975; No. 46, 1978; No. 67, 1985; No. 29, 1988; Act No. 63, 1990; No. 70, 1997; 1999 No 66 s 6 sch 3
S. 4	am. No. 17, 1975; No. 29, 1988; Act No. 63, 1990; No. 70, 1997; No. 54, 1998
S. 5	am. No. 17, 1975
	rep. No. 29, 1988
S. 6	am. No. 47, 1974; Act No. 54, 1998
S. 7	am. No. 47, 1974; No. 17, 1975; No. 29, 1988; Act No. 63, 1990; No. 70, 1997; No. 54, 1998
S. 8	am. No. 17, 1975; No. 29, 1988; Act No. 63, 1990; No. 70, 1997
S. 9	am. No. 47, 1974; No. 17, 1975; No. 29, 1988; Act No. 63, 1990; No. 70, 1997; No. 54, 1998
S. 10	am. No. 17, 1975; No. 67, 1985; No. 29, 1988; Act No. 63, 1990; No. 70, 1997; 1999 No 66 s 6 sch 3
S. 11	am. No. 19, 1966 (as am. by No. 36, 1967); No. 26, 1979; Act No. 54, 1998
S. 12	am. No. 17, 1975
	rs. No. 29, 1988
	am. Act No. 63, 1990; No. 70, 1997
S. 13	am. No. 19, 1966 (as am. by No. 36, 1967); No. 26, 1979; No. 38, 1989; Act No. 54, 1998

3. Part VI (ss. 37-39) of the Public Health (Miscellaneous Provisions) Act 1997 (No. 70, 1997) provides for the repeal and transitional provisions of the Tuberculosis Act 1950.
Subsection 2 (2) of the Public Health (Miscellaneous Provisions) Act 1997  provides as follows:
“(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”
As at 10 November 1999 no date had been fixed for the commencement of Part VI 
(ss. 37-39).