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(2) The new section 82 (like the sections of the principal Ordinance, namely 82, 83 and 83A, which it replaces) makes it an offence to sell food which is unwholesome for animals as well as food which is un- wholesome for man.
(3) The power of ordering the destruc- tion of unwholesome food continues vested in the Head of the Sanitary Department, acting upon the recommendation of certain expert Officers, instead of being vested as under the English Act in the Magistrate. -In view of local conditions of climate, etc., it seems desirable to retain the power of ordering destruction of unwholesome food in the hands of the Head of the Sanitary Department.
8. The amendment made by section 8 is verbal.
9. Section 9 of this Ordinance is intended to make the responsibility of Architects in regard to new buildings more definite thau it is at present and not to enable them to shelter behind any certificate or permit of the Building Authority. With this object in view paragraphs (a) and (b) place upon the Archi- tect the responsibility of certifying that a new building is structurally safe, which is much the same principle as is laid down in section 225 of the principal Ordi- nance with regard to alterations or additions to existing buildings.--Sub-section (c) of section 9 of this Ordi- nance relieves the Building Authority of any duty to certify that the requirements of the principal Ordinance have been complied with, because it is obvious that the Building Authority could not conscientiously give any such certificate for the reason that it is impossible for him, with his present staff, to ensure that such requirements are complied with.-Moreover such res- ponsibility ought to rest exclusively upon the party for whom the new building is being erected and his Architects and Contractors.-Sub-section (d) of sec- tion is merely a consequential amendment upon that effected by sub-section (a).
10. Section 10 raises the penalty for dangerous blasting from a maximum fine of $100, which is inadequate, to a maximum fine of $500.
11. Section 11 also deals with the question of inadequate maximum penalties; it being of the utmost importance that all plans sent in to the Building Authority shall be absolutely correct.
12. Section 12 contains a purely drafting amend- ment for the purpose of preventing any confusion between the nuisances under Part III of the principal Ordinance which are referred to in section 229 thereof and other kinds of nuisances under Part II which are specified in section 26 thereof.
13. Section 13 of this Ordinance relieves the Govern- ment and any Officer of the Government from legal liability in respect of requiring buildings or works, other than Government buildings or works, to be erected or carried out upon designs or plans, or of type, con- struction or material approved of by the Government or by any Government officer or in respect of the fact that any such works or buildings are subject to the approval or inspection of any Government officer.- The idea underlying this section is that owners of buildings or works and their architects and contractors should be responsible for the erection and carrying out of non-government buildings and works as regards all the aforesaid matters of detail.
C. G. ALABASTER,
Attorney General.
October, 1928.