Tasmanian Numbered Acts

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HEALTH ACT 1997 (NO. 13 OF 1997) - SECT 9

9. Regulations

      (1) The Governor may make regulations for the purposes of this Act.

      (2) The regulations may –

(a) be of general or limited application; and

(b) differ according to differences in place or circumstance; and

(c) authorise any matter or thing to be determined, applied or regulated by the Secretary of the Department.

      (3) The regulations may adopt, either wholly or in part and with or without modification and either specifically or by reference, any standard, rule, code, specification or method published or issued before or after the commencement of this Act.

      (4) A reference in subsection (3) to a standard, rule, code, specification or method includes a reference to an amendment of the standard, rule, code, specification or method, whether the amendment is published or issued before or after the commencement of this Act.

      (5) In subsection (4),

"amendment" includes –

(a) the omission of matter; and

(b) the insertion of additional matter; and

(c) the omission of matter and the substitution of other matter.

      (6) The regulations may –

(a) prescribe different rates of fees in respect of different hospitals, facilities or services maintained, operated or provided by or on behalf of the State or in relation to different classes of persons or different services; and

(b) prescribe the circumstances in which, or the persons by whom, a fee is not payable for any facility or service provided by or on behalf of the State.

      (7) The regulations may –

(a) provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations; and

(b) provide, in respect of any such offence, for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

      (8) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

      (9) A provision referred to in subsection (8) may, if the regulations so provide, take effect from the commencement of this Act or a later date.


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