Tuberculosis Act 1948

Act No. 46 of 1948 as amended

Consolidated as in force on 12 November 1999

(includes amendments up to Act No. 118 of 1999)

[Note: This Act is repealed by No. 118 of 1999]

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Repeal.....................................

4 Interpretation.................................

5 Arrangements with States.........................

6 Powers of Secretary.............................

7 Provision of subsidies............................

8 Advisory Council..............................

9 Payments to sufferers from tuberculosis and their dependants....

10 Delegation..................................

11 Finance....................................

12 Regulations..................................

Notes 

An Act to provide for Medical Services in respect of Tuberculosis, and for other purposes

1  Short title [see Note 1]

  This Act may be cited as the Tuberculosis Act 1948.

2  Commencement [see Note 1]

  Sections three and nine of this Act shall come into operation on a date to be fixed by proclamation and the remaining sections of this Act shall come into operation on the day on which this Act receives the Royal Assent.

3  Repeal

  The Tuberculosis Act 1945 and the Tuberculosis Act 1946 are repealed.

4  Interpretation

  In this Act, unless the contrary intention appears:

Secretary means the Secretary to the Department of Health.

the Council means the Advisory Council established under this Act.

tuberculosis means tuberculous disease, in whatever form, which has not been arrested.

5  Arrangements with States

 (1) The Governor‑General may enter into an arrangement with the Governor of a State for the provision by the State, subject to agreed conditions, of services and facilities for the diagnosis, treatment and control of tuberculosis.

 (2) Any arrangement entered into under this section may provide for the reimbursement of the State by the Commonwealth in respect of:

 (a) capital expenditure by the State on or after the first day of July, One thousand nine hundred and forty‑eight, in the provision by the State of land and buildings for use in the diagnosis, treatment and control of tuberculosis and in the erection and improvement of buildings and the provision of furnishings, equipment and plant for such use; and

 (b) the net maintenance expenditure by the State in any financial year after the year which ended on the thirtieth day of June, One thousand nine hundred and forty‑eight, in relation to the diagnosis, treatment and control of tuberculosis, to an extent not exceeding the amount by which that expenditure is in excess of the net maintenance expenditure in relation to the diagnosis, treatment and control of tuberculosis incurred by the State during that last‑mentioned year.

 (3) Any arrangement entered into under this section which provides for the reimbursement of the State by the Commonwealth in respect of any expenditure referred to in the last preceding subsection shall provide:

 (a) for information to be supplied to the Minister by such persons, at such times and in such manner and form as he requires in order to enable him to determine whether any such expenditure should be approved by him; and

 (b) that any such expenditure shall be subject to the approval of the Minister before that expenditure is reimbursed to the State by the Commonwealth.

 (4) For the purposes of this section, net maintenance expenditure by the State in any financial year shall not include any payment by that State by way of allowances to, or in respect of, sufferers from tuberculosis and their dependants, and the amount of any net maintenance expenditure shall be arrived at after taking into account:

 (a) payments for that year by the Commonwealth to the State, under the agreement entered into under the Hospital Benefits Act 1945‑1947, at the Commonwealth Hospital Benefits Expenditure Rate for Public Wards in respect of beds occupied by sufferers from tuberculosis;

 (b) payments for that year by the Commonwealth to the State under sections four and five of the Tuberculosis Act 1945‑1946;

 (c) payments by the Commonwealth to the State, on behalf of approved hospital authorities, under section fourteen of the Pharmaceutical Benefits Act 1947, in respect of the supply during that year of pharmaceutical benefits for the treatment of tuberculosis; and

 (d) any other amounts received during that year by the State, or by any institution upon the maintenance of which any part of that expenditure has been incurred, from, or in respect of, patients treated for tuberculosis.

 (5) Any arrangement entered into under this section shall provide:

 (a) that any assets acquired by the State the cost, or part of the cost, of which has been reimbursed to the State under the arrangement shall not, without the approval of the Minister, be used otherwise than for the diagnosis, treatment and control of tuberculosis; and

 (b) for the indemnification of the Commonwealth:

 (i)  against payment by way of compensation for property the cost of which has been reimbursed to the State by the Commonwealth under the arrangement in the event of the acquisition of that property by the Commonwealth; and

 (ii) where the cost of the property was reimbursed in part to the State by the Commonwealth under the arrangement—against payment by way of compensation proportionate to the cost so reimbursed to the State in the event of the acquisition of that property by the Commonwealth.

6  Powers of Secretary

  The Secretary may, subject to the direction of the Minister:

 (a) take steps for the establishment or taking over and conduct of hospitals, sanatoria, laboratories, diagnostic centres, after‑care, radiological and other units and clinics for the diagnosis, treatment and control of tuberculosis;

 (b) arrange for the provision of scholarships for the post graduate study of tuberculosis;

 (c) provide facilities for:

 (i) the examination of persons suffering from, or suspected to be suffering from, tuberculosis;

 (ii) the medical care of persons affected by tuberculosis;

 (iii) the dissemination of information as to the steps necessary to prevent the spread of tuberculosis; and

 (iv) the after‑care and rehabilitation of sufferers from tuberculosis; and

 (d) conduct, assist and provide for research, investigations, experiments, studies and training in relation to the detection and diagnosis of tuberculosis and the treatment and after‑care of sufferers from tuberculosis.

7  Provision of subsidies

  Subsidies, approved by the Minister, may be paid by the Commonwealth to universities or other institutions for the purposes of:

 (a) promoting and assisting investigation and research; and

 (b) developing courses of training in branches of medical science;

in relation to the diagnosis, treatment and control of tuberculosis.

8  Advisory Council

 (1) For the purposes of this Act there shall be an Advisory Council, which shall consist of a Chairperson and such other members, not exceeding eleven, as are appointed by the Governor‑General.

 (2) The Secretary shall be the Chairperson of the Council.

 (3) In the absence of the Secretary from any meeting of the Council a person nominated by the Secretary shall act as Chairperson.

 (4) The functions of the Council shall be to advise the Minister with respect to:

 (a) the measures to be adopted in relation to the prevention, diagnosis and control of tuberculosis;

 (b) the provision of standards for equipment and apparatus for use in relation to the prevention, diagnosis, treatment and control of tuberculosis;

 (c) the standard of training of personnel required for the detection of tuberculosis and the treatment and after‑care of sufferers from tuberculosis;

 (d) the standards of hospitals and sanatoria used in the treatment of tuberculosis;

 (e) the after‑care of sufferers from tuberculosis; and

 (f) any other matters in relation to tuberculosis which are referred to the Council by the Minister or the Secretary.

 (5) The Council shall meet at such times and places as are determined by the Secretary and notified by him to the members.

 (6) The Council shall not proceed to the conduct of business at a meeting unless there is present a majority of the members including the Chairperson or a person nominated under subsection (3) of this section to act as Chairperson.

 (7) Members of the Council, other than members who are officers of the public service of the Commonwealth or a State, shall receive such fees and allowances as are fixed by the Minister.

9  Payments to sufferers from tuberculosis and their dependants

 (1) Subject to subsections (2), (4) and (5), allowances shall be payable to, or in respect of, sufferers from tuberculosis and their dependants for the purposes of:

 (a) encouraging such sufferers to refrain from working and to undergo treatment;

 (b) minimizing the spread of tuberculosis; and

 (c) promoting the treatment, after‑care and rehabilitation of sufferers from tuberculosis.

 (2) Allowances under the last preceding subsection:

 (a) shall be payable to such persons or classes of persons, subject to such conditions and in such manner as the Secretary, subject to the direction of the Minister, determines;

 (b) shall be at such rates (but not exceeding such rates as are prescribed) as the Secretary, subject to the direction of the Minister, determines.

 (3) Any payment received by a person under this section shall be deemed not to be ordinary income for the purposes of the Social Security Act 1991.

 (4) An allowance under subsection (1) shall not be granted to, or in respect of, a sufferer from tuberculosis unless the allowance is granted pursuant to an application or claim lodged before 1 November 1984 in accordance with the determination made under subsection (2).

 (5) An allowance under subsection (1) shall not be granted to, or in respect of, a dependant of a sufferer from tuberculosis if, by virtue of subsection (4), an allowance under subsection (1) is not payable to, or in respect of, the sufferer.

10  Delegation

 (1) The Secretary may, in relation to any matters or class of matters, or in relation to any State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.

 (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or functions by the Secretary.

11  Finance

 (1) All expenditure under this Act, other than:

 (a) payments for the reimbursement of a State in respect of expenditure of a capital nature referred to in paragraph (a) of subsection (2) of section five of this Act;

 (b) payments for the reimbursement of a State in respect of administrative expenses in the control of tuberculosis payable under paragraph (b) of subsection (2) of section five of this Act; and

 (c) payments under section eight of this Act;

shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

 (2) All expenditure by the Commonwealth referred to in paragraphs (a), (b) and (c) of the last preceding subsection shall be made out of moneys from time to time appropriated by the Parliament for the purpose.

12  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the Tuberculosis Act 1948

Note 1

The Tuberculosis Act 1948 as shown in this consolidation comprises Act No. 46, 1948 amended as indicated in the Tables below.

Table of Acts

(a) The Tuberculosis Act 1948 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(29) of which provides that section 9 and the amendments made to the Tuberculosis Act 1948 shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(20) of that Act.

(b) The Tuberculosis Act 1948 was amended by Part VI (sections 74 and 75) only of the Health Legislation Amendment Act 1986, subsection 2(1) of which provides as follows:

“(1) Section 1, this section, section 3, subsection 19(2), section 23, subsection 47(1), section 53, Part III, section 57, sections 61 to 71 (inclusive) and Parts V and VI shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.”

(c) The Tuberculosis Act 1948 was amended by Schedule 3 only of the Social Security (Rewrite) Transition Act 1991, section 2 of which provides as follows:

 "2. This Act commences immediately after the Social Security Act 1991 commences."

 The Social Security Act 1991 came into operation on 1 July 1991.

Table of Amendments