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Public Health (Budget Amendment) Act 2018

REPUBLIC OF FIJI


PUBLIC HEALTH (BUDGET AMENDMENT) ACT 2018

ACT NO. 31 OF 2018

I assent.

J. K. KONROTE

President


[13 July 2018]

AN ACT

TO AMEND THE PUBLIC HEALTH ACT 1935

ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement

1.—(1) This Act may be cited as the Public Health (Budget Amendment) Act 2018.

(2) This Act comes into force on 1 August 2018.

(3) In this Act, the Public Health Act 1935 is referred to as the “Principal Act”.

Section 10 amended

2. Section 10(1) of the Principal Act is amended by—

(a) in paragraph (a)
(b) deleting paragraphs (b) and (c) and inserting the following new paragraph—

Section 24 amended

3. Section 24 of the Principal Act is amended after “if of” by inserting “the”.

Part 5 deleted

4. The Principal Act is amended by deleting Part 5.

Section 66A inserted

5. The Principal Act is amended after section 66 by inserting the following new section—

“Regulations
66A. The Board may, with the approval of the Minister, make regulations to prescribe matters that are required or permitted by this Part to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Part and generally for achieving the purposes of this Part.”.

Section 80 amended

6. Section 80 of the Principal Act is amended by—

(a) in the heading, deleting “local authorities” and substituting “town and city councils”; and
(b) deleting subsection (2) and substituting the following—

Section 98 amended

7. Section 98 of the Principal Act is amended by deleting paragraph (f).

Part 17 inserted

8. The Principal Act is amended after section 141 by inserting the following new Part—

“PART 17—TRANSITION
Transfer of functions and powers of local authorities in rural districts and Board
142.—(1) Notwithstanding any other provision in this Act or any other written law, any function or power that relates to health services and is conferred by this Act or any other written law on a local authority in a rural district existing immediately before 1 August 2018, shall be performed or exercised by the Board from 1 August 2018.
(2) Notwithstanding any other provision in this Act or any other written law, any function or power that does not relate to health services and is conferred by this Act or any other written law on a local authority in a rural district existing immediately before 1 August 2018, shall be performed or exercised by a municipal council designated under section 6A of the Local Government Act 1972 from 1 August 2018.
(3) Notwithstanding any other provision in this Act or any other written law, any function or power that does not relate to health services and is conferred by this Act or any other written law on the Board existing immediately before 1 August 2018, shall be performed or exercised by a municipal council designated under section 6A of the Local Government Act 1972 from 1 August 2018.
Regulations
143.—(1) The Minister may make regulations to prescribe matters that are required or permitted by this Part to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Part and generally for achieving the purposes of this Part.
(2) Without affecting the generality of subsection (1), the Minister may make regulations prescribing—

Consequential amendments

9.—(1) The Employment Relations Act 2007 is amended by—

(a) in section 4 in the definition of “local authority”, deleting “a rural authority” and substituting “the Central Board of Health”; and
(b) in section 185—

(2) The Environment Management Act 2005 is amended in section 2 in the definition of “local authority” by deleting paragraph (b) and substituting the following—

(b) for rural areas—

(3) The Income Tax Act 2015 is amended in section 2 in the definition of “remote area” by deleting “rural local authority,”.

(4) The Land Transport Act 1998 is amended in section 2 in the definition of “stand” by deleting “or rural local authority”.

(5) The Liquor Act 2006 is amended in section 2 in the definition of “local authority” by deleting paragraph (b) and substituting the following—

(b) for rural areas, the municipal council designated under section 6A of the Local Government Act 1972 or the Central Board of Health, as applicable;”.

(6) The Litter Act 2008 is amended by—

(a) in section 2 in the definition of “public authority”, deleting paragraphs (b) and (c) and inserting the following new paragraph—
(b) in section 3(2), deleting “or (c)”.

(7) The Local Government Act 1972 is amended by—

(a) after section 6, inserting the following new section—
(b) after section 121, inserting the following new Division—

(8) The Tax Administration Act 2009 is amended in section 38(7)(c) by deleting “, including any rural local authority”.


Passed by the Parliament of the Republic of Fiji this 12th day of July 2018.


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