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This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY BILL 2010
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian National Preventive Health
Agency Bill 2010
No. , 2010
(Health and Ageing)
A Bill for an Act to establish the Australian
National Preventive Health Agency, and for related
purposes
i Australian National Preventive Health Agency Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
4
Crown to be bound ............................................................................. 3
5
Extension to external Territories ........................................................ 3
Part 2--Australian National Preventive Health Agency
4
6 Establishment
.....................................................................................
4
7 Constitution
of
the ANPHA ............................................................... 4
8
Function of the ANPHA .................................................................... 4
9
ANPHA to have the privileges and immunities of the Crown ........... 4
Part 3--Chief Executive Officer, staff and consultants
5
Division 1--The Chief Executive Officer
5
Subdivision A--Functions and powers
5
10
Chief Executive Officer ..................................................................... 5
11
Functions of the CEO ........................................................................ 5
12 Fees
....................................................................................................
7
13 Working
with
the
Advisory Council .................................................. 8
Subdivision B--Terms and conditions of appointment
8
14 Appointment
......................................................................................
8
15
Term of appointment ......................................................................... 8
16 Remuneration
and
allowances ........................................................... 8
17
Leave of absence ................................................................................ 9
18 Outside
employment
..........................................................................
9
19 Disclosure
of
interests ........................................................................ 9
20 Other
terms
and
conditions ................................................................ 9
21 Resignation
........................................................................................
9
22 Termination
of
appointment ............................................................ 10
23 Acting
CEO
.....................................................................................
10
24
Delegation by the CEO .................................................................... 11
Division 2--Staff and consultants
12
25 Staff
.................................................................................................
12
26
Staff to be made available to the CEO ............................................. 12
27 Consultants
......................................................................................
13
Australian National Preventive Health Agency Bill 2010 No. , 2010 ii
Part 4--The Advisory Council
14
Division 1--Establishment, functions and powers
14
28 Establishment
...................................................................................
14
29 Membership
.....................................................................................
14
30 Function
of
Advisory Council ......................................................... 14
Division 2--Terms and conditions of appointment of members of
the Advisory Council
16
31 Appointment
....................................................................................
16
32
Term of appointment ....................................................................... 16
33 Remuneration
and
allowances ......................................................... 16
34
Leave of absence .............................................................................. 17
35 Outside
employment
........................................................................
17
36
Standing obligation to disclose interests .......................................... 17
37 Other
terms
and
conditions .............................................................. 18
38 Resignation
......................................................................................
18
39 Termination
of
appointment ............................................................ 18
40 Acting
appointments
........................................................................
19
Division 3--Advisory Council procedures
21
41 Meetings
of
the
Advisory Council ................................................... 21
Part 5--Committees
23
42 Committees
......................................................................................
23
Part 6--Strategic and annual operational plans
24
Division 1--Strategic plans
24
43
Development of strategic plan ......................................................... 24
44
Approval of strategic plan ................................................................ 24
45 Variation
of
strategic plans .............................................................. 25
Division 2--Annual operational plans
27
46 Development
of
annual operational plan ......................................... 27
47
Approval of annual operational plan ................................................ 27
48
Variation of annual operational plan ................................................ 28
Division 3--Compliance with plans
29
49 Compliance
with
plans
.....................................................................
29
Part 7--Finance and reporting requirements
30
Division 1--ANPHA Special Account
30
50 ANPHA
Special
Account
................................................................
30
51
Credits to the Account ..................................................................... 30
iii Australian National Preventive Health Agency Bill 2010 No. , 2010
52
Purposes of the Account .................................................................. 30
Division 2--Annual report
31
53 Annual
report
...................................................................................
31
Part 8--Grants
32
54 Grants
...............................................................................................
32
Part 9--Miscellaneous
33
55
How the Ministerial Conference gives agreement ........................... 33
56 Regulations
......................................................................................
33
Australian National Preventive Health Agency Bill 2010 No. , 2010 1
A Bill for an Act to establish the Australian
1
National Preventive Health Agency, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Australian National Preventive
8
Health Agency Act 2010.
9
Part 1 Preliminary
Section 2
2 Australian National Preventive Health Agency Bill 2010 No. , 2010
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
56
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in Column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
In this Act:
14
Advisory Council means the Advisory Council of the ANPHA
15
established by section 28.
16
ANPHA means the Australian National Preventive Health Agency
17
established by section 6.
18
Preliminary Part 1
Section 4
Australian National Preventive Health Agency Bill 2010 No. , 2010 3
Australian Local Government Association means the Australian
1
Local Government Association Limited (ABN 31 008 613 876).
2
CEO means the Chief Executive Officer of the ANPHA appointed
3
in accordance with section 14.
4
Chair means the Chair of the Advisory Council.
5
committee means a committee established under section 42.
6
Deputy Chair means the Deputy Chair of the Advisory Council.
7
member means a member of the Advisory Council appointed in
8
accordance with section 31 (including the Chair and the Deputy
9
Chair).
10
Ministerial Conference means the body known as the Australian
11
Health Ministers' Conference on the day on which this definition
12
commences.
13
4 Crown to be bound
14
This Act binds the Crown in each of its capacities.
15
5 Extension to external Territories
16
This Act extends to every external Territory other than Norfolk
17
Island.
18
19
Part 2 Australian National Preventive Health Agency
Section 6
4 Australian National Preventive Health Agency Bill 2010 No. , 2010
Part 2--Australian National Preventive Health
1
Agency
2
3
6 Establishment
4
(1) The Australian National Preventive Health Agency (ANPHA) is
5
established by this section.
6
(2) The ANPHA may also be known by a name specified in the
7
regulations.
8
7 Constitution of the ANPHA
9
The ANPHA consists of:
10
(a) the CEO; and
11
(b) the staff of the ANPHA.
12
Note:
The ANPHA does not have a legal identity separate from the
13
Commonwealth.
14
8 Function of the ANPHA
15
The ANPHA's function is to assist the CEO in the performance of
16
the CEO's functions.
17
9 ANPHA to have the privileges and immunities of the Crown
18
The ANPHA has the privileges and immunities of the Crown.
19
20
Chief Executive Officer, staff and consultants Part 3
The Chief Executive Officer Division 1
Section 10
Australian National Preventive Health Agency Bill 2010 No. , 2010 5
Part 3--Chief Executive Officer, staff and
1
consultants
2
Division 1--The Chief Executive Officer
3
Subdivision A--Functions and powers
4
10 Chief Executive Officer
5
There is to be a Chief Executive Officer of the ANPHA.
6
11 Functions of the CEO
7
(1) The CEO's functions are:
8
(a) if requested to do so by the Minister, or on his or her own
9
initiative, to advise and make recommendations to the
10
Minister on matters relating to preventive health; and
11
(b) if requested to do so, in writing, by the Chair of the
12
Ministerial Conference, to advise and make
13
recommendations to the Ministerial Conference on matters
14
relating to preventive health; and
15
(c) if requested to do so, in writing, by a State or Territory
16
government or the Australian Local Government Association,
17
to advise and make recommendations to the State or Territory
18
government or the Australian Local Government Association,
19
as the case may be, on matters relating to preventive health;
20
and
21
(d) to collect, analyse, interpret and disseminate information
22
relating to preventive health; and
23
(e) every 2 years, starting in 2013, to publish a report on the state
24
of preventive health in Australia; and
25
(f) to conduct educational, promotional and community
26
awareness programs relating to preventive health, including
27
programs relating to alcohol and tobacco use, other substance
28
abuse and obesity; and
29
(g) to make, on behalf of the Commonwealth, grants of financial
30
assistance relating to preventive health; and
31
Part 3 Chief Executive Officer, staff and consultants
Division 1 The Chief Executive Officer
Section 11
6 Australian National Preventive Health Agency Bill 2010 No. , 2010
(h) to encourage initiatives relating to preventive health matters
1
through partnerships with industry, non-governmental
2
organisations and the community sector; and
3
(i) to develop national standards and codes of practice relating to
4
preventive health matters; and
5
(j) to manage schemes that provide awards to participants to
6
recognise excellent performance in matters relating to
7
preventive health; and
8
(k) any other function relating to preventive health that is set out
9
in a legislative instrument made by the Minister; and
10
(l) to do anything incidental to, or conducive to, the performance
11
of any of the above functions.
12
(2) The CEO has the power to do all things necessary or convenient to
13
be done for or in connection with the performance of his or her
14
functions.
15
(3) Paragraph (1)(b) only applies if:
16
(a) the Ministerial Conference agrees to the request; and
17
(b) when making the request, the Chair of the Ministerial
18
Conference states that the Ministerial Conference has agreed
19
to the request.
20
Note: See
section
55.
21
(4) The Minister must not set out a function in a legislative instrument
22
under paragraph (1)(k) unless the Ministerial Conference has
23
agreed to the function.
24
Note: See
section
55.
25
Constitutional limits
26
(5) The CEO may perform the CEO's functions only:
27
(a) for purposes relating to a corporation to which paragraph
28
51(xx) of the Constitution applies; or
29
(b) for purposes relating to the collection of statistics; or
30
(c) for purposes relating to trade and commerce:
31
(i) between Australia and places outside Australia; or
32
(ii) among the States; or
33
Chief Executive Officer, staff and consultants Part 3
The Chief Executive Officer Division 1
Section 12
Australian National Preventive Health Agency Bill 2010 No. , 2010 7
(iii) within a Territory, between a State and a Territory or
1
between 2 Territories; or
2
(d) by way of the use of a postal, telegraphic, telephonic or other
3
like service within the meaning of paragraph 51(v) of the
4
Constitution; or
5
(e) by way of the provision of a service to:
6
(i) the Commonwealth; or
7
(ii) an authority of the Commonwealth;
8
for a purpose of the Commonwealth; or
9
(f) for purposes relating to pharmaceutical, sickness and hospital
10
benefits and medical and dental services; or
11
(g) for purposes relating to the people of any race for whom it is
12
deemed necessary to make special laws; or
13
(h) for purposes relating to the granting of financial assistance to
14
a State on such terms and conditions as the Parliament thinks
15
fit; or
16
(i) in, or for purposes relating to, a Territory; or
17
(j) in or with respect to a Commonwealth place (within the
18
meaning of the Commonwealth Places (Application of Laws)
19
Act 1970); or
20
(k) for purposes relating to the implied power of the Parliament
21
to make laws with respect to nationhood; or
22
(l) for purposes relating to the executive power of the
23
Commonwealth; or
24
(m) for purposes relating to matters incidental to the execution of
25
any of the legislative powers of the Parliament or the
26
executive power of the Commonwealth.
27
12 Fees
28
(1) The CEO may charge fees for things done in performing his or her
29
function under paragraph 11(1)(c).
30
(2) A legislative instrument under paragraph 11(1)(k) that sets out a
31
function must specify whether the CEO may charge fees for things
32
done in performing the function.
33
(3) A fee must not be such as to amount to taxation.
34
Part 3 Chief Executive Officer, staff and consultants
Division 1 The Chief Executive Officer
Section 13
8 Australian National Preventive Health Agency Bill 2010 No. , 2010
13 Working with the Advisory Council
1
(1) In performing his or her functions and exercising his or her powers,
2
the CEO must have regard to the advice and recommendations
3
given to him or her by the Advisory Council (whether or not the
4
advice and recommendations were given in response to a request).
5
(2) The CEO may attend Advisory Council meetings if invited by the
6
Chair to do so.
7
Subdivision B--Terms and conditions of appointment
8
14 Appointment
9
(1) The CEO is to be appointed by the Minister by written instrument,
10
on a full-time basis.
11
(2) A member is not eligible for appointment as the CEO.
12
(3) Before making an appointment, the Minister must consult the
13
Ministerial Conference.
14
(4) The appointment of a person as CEO is not invalid because of a
15
defect or irregularity in connection with the person's appointment.
16
15 Term of appointment
17
The CEO holds office for the period specified in the instrument of
18
appointment. The period must not exceed 5 years.
19
Note:
The CEO is eligible for reappointment: see the Acts Interpretation Act
20
1901.
21
16 Remuneration and allowances
22
(1) The CEO is to be paid the remuneration that is determined by the
23
Remuneration Tribunal. If no determination of that remuneration
24
by the Tribunal is in operation, the CEO is to be paid the
25
remuneration that is prescribed by the regulations.
26
(2) The CEO is to be paid the allowances that are prescribed by the
27
regulations.
28
Chief Executive Officer, staff and consultants Part 3
The Chief Executive Officer Division 1
Section 17
Australian National Preventive Health Agency Bill 2010 No. , 2010 9
(3) This section has effect subject to the Remuneration Tribunal Act
1
1973.
2
17 Leave of absence
3
(1) The CEO has the recreation leave entitlements that are determined
4
by the Remuneration Tribunal.
5
(2) The Minister may grant to the CEO leave of absence, other than
6
recreation leave, on the terms and conditions as to remuneration or
7
otherwise that the Minister determines in writing.
8
18 Outside employment
9
The CEO must not engage in paid employment outside the duties
10
of his or her office without the Minister's approval.
11
19 Disclosure of interests
12
The CEO must give written notice to the Minister of all interests,
13
pecuniary or otherwise, that the CEO has or acquires and that
14
conflict or could conflict with the proper performance of the
15
CEO's functions.
16
20 Other terms and conditions
17
The CEO holds office on the terms and conditions (if any) in
18
relation to matters not covered by this Act that are determined, in
19
writing, by the Minister.
20
21 Resignation
21
(1) The CEO may resign his or her appointment by giving the Minister
22
a signed notice of resignation.
23
(2) The resignation takes effect on the day it is received by the
24
Minister or, if a later day is specified in the resignation, on that
25
later day.
26
Part 3 Chief Executive Officer, staff and consultants
Division 1 The Chief Executive Officer
Section 22
10 Australian National Preventive Health Agency Bill 2010 No. , 2010
22 Termination of appointment
1
(1) The Minister may terminate the appointment of the CEO:
2
(a) for misbehaviour or physical or mental incapacity; or
3
(b) if the CEO:
4
(i) becomes bankrupt; or
5
(ii) applies to take the benefit of any law for the relief of
6
bankrupt or insolvent debtors; or
7
(iii) compounds with his or her creditors; or
8
(iv) makes an assignment of his or her remuneration for the
9
benefit of his or her creditors; or
10
(c) if the CEO is absent, except on leave of absence, for 14
11
consecutive days or for 28 days in any 12 months; or
12
(d) if the CEO engages, without the Minister's approval, in paid
13
employment outside the duties of his or her office (see
14
section 18); or
15
(e) if the CEO fails, without reasonable excuse, to comply with
16
section 19.
17
(2) Before terminating a CEO's appointment, the Minister must
18
consult the Ministerial Conference.
19
23 Acting CEO
20
(1) The Minister may appoint a person to act as CEO:
21
(a) during a vacancy in the office of CEO, whether or not an
22
appointment has previously been made to that office; or
23
(b) during any period, or during all periods, when the CEO is
24
absent from duty or from Australia or is, for any other reason,
25
unable to perform the duties of the office of CEO.
26
(2) Anything done by or in relation to a person purporting to act under
27
subsection (1) is not invalid merely because:
28
(a) the occasion for the person's appointment had not arisen; or
29
(b) there is a defect or irregularity in connection with the
30
person's appointment; or
31
(c) the person's appointment had ceased to have effect; or
32
Chief Executive Officer, staff and consultants Part 3
The Chief Executive Officer Division 1
Section 24
Australian National Preventive Health Agency Bill 2010 No. , 2010 11
(d) the occasion for the person to act had not arisen or had
1
ceased.
2
Note: See
the
Acts Interpretation Act 1901.
3
24 Delegation by the CEO
4
(1) Subject to subsection (2), the CEO may delegate, in writing, all or
5
any of the CEO's functions and powers to a person who is a
6
member of the staff of the ANPHA.
7
(2) The CEO must not delegate his or her function under paragraph
8
11(1)(i).
9
(3) In exercising powers under a delegation, the delegate must comply
10
with any written directions of the CEO.
11
Note: See
the
Acts Interpretation Act 1901.
12
13
Part 3 Chief Executive Officer, staff and consultants
Division 2 Staff and consultants
Section 25
12 Australian National Preventive Health Agency Bill 2010 No. , 2010
Division 2--Staff and consultants
1
25 Staff
2
(1) The staff of the ANPHA are to be persons engaged under the
3
Public Service Act 1999.
4
(2) For the purposes of the Public Service Act 1999:
5
(a) the CEO and the staff of the ANPHA together constitute a
6
Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
26 Staff to be made available to the CEO
9
(1) The CEO is to be assisted by:
10
(a) officers and employees of Agencies (within the meaning of
11
the Public Service Act 1999), and of authorities of the
12
Commonwealth, whose services are made available to the
13
ANPHA in connection with the performance of any of its
14
functions; and
15
(b) persons whose services are so made available under
16
arrangements made under subsection (2).
17
(2) The CEO may make an arrangement with the appropriate authority
18
or officer of a State or Territory government or government
19
authority under which the government or government authority
20
makes officers or employees available to the CEO to perform
21
services in connection with the performance of any of the CEO's
22
functions.
23
(3) An arrangement under subsection (2) may provide for the
24
Commonwealth to reimburse a State or Territory with respect to
25
the services of a person or persons to whom the arrangement
26
relates.
27
(4) When performing services for the CEO under this section, a person
28
is subject to the directions of the CEO.
29
Chief Executive Officer, staff and consultants Part 3
Staff and consultants Division 2
Section 27
Australian National Preventive Health Agency Bill 2010 No. , 2010 13
27 Consultants
1
(1) The CEO may engage a person (other than a member) who has
2
suitable qualifications and experience as a consultant to the CEO.
3
(2) The terms and conditions of engagement are to be determined, in
4
writing, by the CEO.
5
6
Part 4 The Advisory Council
Division 1 Establishment, functions and powers
Section 28
14 Australian National Preventive Health Agency Bill 2010 No. , 2010
Part 4--The Advisory Council
1
Division 1--Establishment, functions and powers
2
28 Establishment
3
The Advisory Council of the ANPHA is established by this
4
section.
5
29 Membership
6
The Advisory Council is to consist of:
7
(a) one member representing the Commonwealth; and
8
(b) at least one member, but not more than 2 members,
9
representing the governments of the States and Territories;
10
and
11
(c) at least 5, but not more than 8, other members with expertise
12
relating to preventive health.
13
30 Function of Advisory Council
14
(1) The Advisory Council's function is:
15
(a) on its own initiative, to provide advice and make
16
recommendations to the CEO in relation to the CEO's
17
functions under section 11; and
18
(b) at the request of the CEO, to provide advice and make
19
recommendations to the CEO in relation to the CEO's
20
functions under this Act.
21
(2) When acting on its own initiative, the Advisory Council must carry
22
out its function in a manner that is consistent with the strategic plan
23
and annual operational plan (including any interim plan) that is in
24
force.
25
(3) The Advisory Council has power to do all things necessary or
26
convenient to be done for or in connection with the performance of
27
its function.
28
(4) To avoid doubt, the Advisory Council cannot give any directions to
29
the CEO.
30
The Advisory Council Part 4
Establishment, functions and powers Division 1
Section 30
Australian National Preventive Health Agency Bill 2010 No. , 2010 15
Example: The Advisory Council could not direct the CEO in relation to the
1
management of the ANPHA.
2
3
Part 4 The Advisory Council
Division 2 Terms and conditions of appointment of members of the Advisory Council
Section 31
16 Australian National Preventive Health Agency Bill 2010 No. , 2010
Division 2--Terms and conditions of appointment of
1
members of the Advisory Council
2
31 Appointment
3
(1) A member is to be appointed by the Minister by written instrument,
4
on a part-time basis.
5
(2) A person is eligible to be appointed as a member only if the person
6
is ordinarily resident in Australia.
7
(3) The Minister must appoint one member to be the Chair and another
8
member to be the Deputy Chair.
9
(4) The Minister must consult with the Ministerial Conference before
10
appointing a person as a member, the Chair or the Deputy Chair.
11
(5) A person's appointment as a member, the Chair or the Deputy
12
Chair is not invalid because of a defect or irregularity in
13
connection with the person's appointment.
14
32 Term of appointment
15
A member holds office for the period specified in the instrument of
16
appointment. The period must not exceed 3 years.
17
Note:
A member is eligible for reappointment: see the Acts Interpretation
18
Act 1901.
19
33 Remuneration and allowances
20
(1) A member is to be paid the remuneration that is determined by the
21
Remuneration Tribunal. If no determination of that remuneration
22
by the Tribunal is in operation, the member is to be paid the
23
remuneration that is prescribed by the regulations.
24
(2) However, a member is not entitled to be paid remuneration if he or
25
she holds an office or appointment, or is otherwise employed, on a
26
full-time basis in the service or employment of:
27
(a) a State; or
28
(b) a corporation (a public statutory corporation) that:
29
The Advisory Council Part 4
Terms and conditions of appointment of members of the Advisory Council Division 2
Section 34
Australian National Preventive Health Agency Bill 2010 No. , 2010 17
(i) is established for a public purpose by a law of a State;
1
and
2
(ii) is not a tertiary education institution; or
3
(c) a company limited by guarantee, where the interests and
4
rights of the members in or in relation to the company are
5
beneficially owned by a State; or
6
(d) a company in which all the stock or shares are beneficially
7
owned by a State or by a public statutory corporation.
8
Note:
A similar rule applies to a member who has a similar relationship with
9
the Commonwealth or a Territory. See subsection 7(11) of the
10
Remuneration Tribunal Act 1973.
11
(3) A member is to be paid the allowances that are prescribed by the
12
regulations.
13
(4) This section (other than subsection (2)) has effect subject to the
14
Remuneration Tribunal Act 1973.
15
34 Leave of absence
16
(1) The Minister may grant leave of absence to the Chair on the terms
17
and conditions that the Minister determines.
18
(2) The Chair may grant leave of absence to another member on the
19
terms and conditions that the Chair determines.
20
(3) The Chair must notify the Minister if the Chair grants leave of
21
absence to a member for a period of more than 6 months.
22
35 Outside employment
23
A member must not engage in any paid employment that, in the
24
Minister's opinion, conflicts or may conflict with the proper
25
performance of his or her duties.
26
36 Standing obligation to disclose interests
27
(1) A member must give written notice to the Minister of all interests,
28
pecuniary or otherwise, that the member has or acquires and that
29
conflict or could conflict with the proper performance of the
30
Advisory Council's function.
31
Part 4 The Advisory Council
Division 2 Terms and conditions of appointment of members of the Advisory Council
Section 37
18 Australian National Preventive Health Agency Bill 2010 No. , 2010
(2) The notice must be given to the Minister as soon as practicable
1
after the member becomes aware of the potential for conflict of
2
interest.
3
37 Other terms and conditions
4
A member holds office on the terms and conditions (if any) in
5
relation to matters not covered by this Act that are determined, in
6
writing, by the Minister.
7
38 Resignation
8
(1) A member may resign his or her appointment by giving the
9
Minister a signed notice of resignation.
10
(2) The Chair may resign his or her appointment as the Chair without
11
resigning his or her appointment as a member.
12
(3) The Deputy Chair may resign his or her appointment as the Deputy
13
Chair without resigning his or her appointment as a member.
14
(4) The resignation takes effect on the day it is received by the
15
Minister or, if a later day is specified in the resignation, on that
16
later day.
17
39 Termination of appointment
18
(1) The Minister may terminate the appointment of a member:
19
(a) for misbehaviour or physical or mental incapacity; or
20
(b) if the member:
21
(i) becomes bankrupt; or
22
(ii) applies to take the benefit of any law for the relief of
23
bankrupt or insolvent debtors; or
24
(iii) compounds with his or her creditors; or
25
(iv) makes an assignment of his or her remuneration for the
26
benefit of his or her creditors; or
27
(c) if the member is absent, except on leave of absence, from 3
28
consecutive meetings of the Advisory Council; or
29
The Advisory Council Part 4
Terms and conditions of appointment of members of the Advisory Council Division 2
Section 40
Australian National Preventive Health Agency Bill 2010 No. , 2010 19
(d) if the member engages in paid employment that the Minister
1
thinks conflicts, or may conflict, with the proper performance
2
of the member's duties (see section 35); or
3
(e) if the member fails, without reasonable excuse, to comply
4
with section 36.
5
(2) Before terminating a member's appointment, the Minister must
6
consult the Ministerial Conference.
7
40 Acting appointments
8
(1) The Minister may appoint a member to act as the Chair if the
9
Deputy Chair is unable to act as the Chair:
10
(a) during a vacancy in the office of the Chair, whether or not an
11
appointment has previously been made to the office; or
12
(b) during any period, or during all periods, when the Chair:
13
(i) is absent from duty or from Australia; or
14
(ii) is, for any reason, unable to perform the duties of the
15
office.
16
(2) The Minister may appoint a person to act as a member (other than
17
the Chair):
18
(a) during a vacancy in the office of a member (other than the
19
Chair), whether or not an appointment has previously been
20
made to the office; or
21
(b) during any period, or during all periods, when a member
22
(other than the Chair):
23
(i) is absent from duty or from Australia; or
24
(ii) is, for any reason, unable to perform the duties of the
25
office.
26
(3)
If:
27
(a) a member is to act as the Chair; or
28
(b) a person is to act as a member (other than the Chair);
29
for more than 6 months, the Minister must consult with the
30
Ministerial Conference before appointing the member or person.
31
(4)
If:
32
(a) a person is to act as a member (other than the Chair); and
33
Part 4 The Advisory Council
Division 2 Terms and conditions of appointment of members of the Advisory Council
Section 40
20 Australian National Preventive Health Agency Bill 2010 No. , 2010
(b) the person is to represent the governments of the States and
1
Territories;
2
the Minister must consult with the Ministerial Conference before
3
appointing the person.
4
(5) Anything done by or in relation to a person purporting to act under
5
an appointment is not invalid merely because:
6
(a) the occasion for the appointment had not arisen; or
7
(b) there is a defect or irregularity in connection with the
8
appointment; or
9
(c) the appointment had ceased to have effect; or
10
(d) the occasion to act had not arisen or had ceased.
11
Note: See
the
Acts Interpretation Act 1901.
12
13
The Advisory Council Part 4
Advisory Council procedures Division 3
Section 41
Australian National Preventive Health Agency Bill 2010 No. , 2010 21
Division 3--Advisory Council procedures
1
41 Meetings of the Advisory Council
2
Holding meetings
3
(1)
The
Chair:
4
(a) may convene meetings of the Advisory Council during the
5
period beginning on the day this section commences (the
6
commencement day) and ending on the last day of the
7
financial year in which the commencement day occurs; and
8
(b) except if paragraph (a) applies--must convene 4 meetings of
9
the Advisory Council in each financial year; and
10
(c) may convene such meetings as are necessary for the efficient
11
performance of the Advisory Council's function.
12
Procedure of meetings
13
(2) Subject to subsection (4), the CEO may, by writing, determine
14
matters relating to the operation of the Advisory Council.
15
(3) Subject to subsection (4), if no determination is in force for the
16
purposes of subsection (2), the Advisory Council may operate in
17
the way it determines.
18
(4) The Chair must ensure that minutes of meetings are kept.
19
Disclosure of interest by a member
20
(5) If a member has a direct or indirect financial interest in a matter
21
being considered, or about to be considered, at a meeting, being an
22
interest that could conflict with the proper performance of the
23
Advisory Council's function, then the member must disclose that
24
interest to the other members as soon as practicable.
25
Disclosure to be recorded in the minutes of the meeting
26
(6) Any disclosure under subsection (5), and any decision made by the
27
Advisory Council in relation to the disclosure, must be recorded in
28
the minutes of the meeting.
29
Part 4 The Advisory Council
Division 3 Advisory Council procedures
Section 41
22 Australian National Preventive Health Agency Bill 2010 No. , 2010
Attendance by CEO
1
(7) The Chair may invite the CEO to attend all or part of an Advisory
2
Council meeting.
3
Determination not a legislative instrument
4
(8) A determination made under subsection (2) is not a legislative
5
instrument.
6
7
Committees Part 5
Section 42
Australian National Preventive Health Agency Bill 2010 No. , 2010 23
Part 5--Committees
1
2
42 Committees
3
(1) The CEO may, by writing, establish committees to assist:
4
(a) the CEO in the performance of his or her functions; or
5
(b) the Advisory Council in the performance of its function.
6
(2) A committee is to consist of such persons (whether members or
7
not) as the CEO determines.
8
(3) The CEO must determine, in relation to a committee established
9
under this section, the terms and conditions of appointment of the
10
members of the committee.
11
(4) The CEO may determine, in relation to a committee established
12
under this section:
13
(a) the committee's terms of reference; and
14
(b) the procedures to be followed by the committee.
15
(5) An instrument made under subsection (1) is not a legislative
16
instrument.
17
18
Part 6 Strategic and annual operational plans
Division 1 Strategic plans
Section 43
24 Australian National Preventive Health Agency Bill 2010 No. , 2010
Part 6--Strategic and annual operational plans
1
Division 1--Strategic plans
2
43 Development of strategic plan
3
(1) The CEO must develop, and prepare in written form, a strategic
4
plan, for a 5-year period, that:
5
(a) defines the CEO's principal objectives in performing his or
6
her functions during that 5-year period; and
7
(b) gives a broad outline of the strategies to be pursued by the
8
CEO to achieve those objectives.
9
(2) The CEO must consult the Advisory Council when developing and
10
preparing a strategic plan.
11
(3) A strategic plan is to relate to:
12
(a) for the first strategic plan--the period beginning on the day
13
this section commences and ending on 30 June 2015; and
14
(b) for later strategic plans--a period beginning on the 1 July
15
immediately following the end of the 5-year period to which
16
the previous plan related.
17
(4) For the purposes of this Division, the period beginning on the day
18
this section commences and ending on 30 June 2015 is taken to be
19
a 5-year period.
20
(5) A strategic plan prepared under subsection (1) is not a legislative
21
instrument.
22
44 Approval of strategic plan
23
(1) The CEO must give a copy of a strategic plan to the Minister for
24
approval on or before:
25
(a) for the first strategic plan--the end of 4 months after the day
26
this section commences; and
27
(b) for later strategic plans--either:
28
(i) 31 January in the last year of the 5-year period to which
29
the previous plan related; or
30
Strategic and annual operational plans Part 6
Strategic plans Division 1
Section 45
Australian National Preventive Health Agency Bill 2010 No. , 2010 25
(ii) a later day, but not later than 31 March, in the last year
1
of the 5-year period to which the previous plan related,
2
as allowed by the Minister.
3
(2) The Minister must not approve a strategic plan unless the
4
Ministerial Conference has agreed to the plan.
5
(3) However, the Minister may approve an interim strategic plan if the
6
Ministerial Conference does not agree:
7
(a) to the first strategic plan by the end of 6 months after the day
8
this section commences; or
9
(b) to a later strategic plan by 31 May in the last year of the
10
5-year period to which the previous plan related.
11
(4) A strategic plan or interim strategic plan comes into force on:
12
(a) the day on which it is approved by the Minister; or
13
(b) the first day of the period to which it relates;
14
whichever is the later.
15
45 Variation of strategic plans
16
(1) The CEO may, at any time, review a strategic plan, whether or not
17
it has come into force, and consider whether a variation to the plan
18
is necessary.
19
Note:
See also subsection 48(2).
20
(2) The CEO may, with the approval of the Minister, vary a strategic
21
plan.
22
(3) The Minister may, at any time, request the CEO to vary a strategic
23
plan, whether or not it has come into force.
24
(4) If the Minister requests a variation of a strategic plan, the CEO
25
must, with the approval of the Minister, vary the plan accordingly.
26
(5) The Minister must not approve a variation of a strategic plan unless
27
the Ministerial Conference has agreed to the variation.
28
(6) However, the Minister may approve a variation of a strategic plan
29
if the Ministerial Conference does not agree to the variation within
30
6 months of the variation being put to it.
31
Part 6 Strategic and annual operational plans
Division 1 Strategic plans
Section 45
26 Australian National Preventive Health Agency Bill 2010 No. , 2010
(7) If a variation of a strategic plan is approved by the Minister after
1
the plan has come into force, the plan as so varied continues in
2
force on and after the day on which the variation is so approved.
3
4
Strategic and annual operational plans Part 6
Annual operational plans Division 2
Section 46
Australian National Preventive Health Agency Bill 2010 No. , 2010 27
Division 2--Annual operational plans
1
46 Development of annual operational plan
2
(1) The CEO must give the Minister an annual operational plan
3
relating to the 12 month period:
4
(a) beginning on the day this section commences and ending on
5
30 June 2012--before the end of 4 months after the day this
6
section commences; and
7
(b) beginning on 1 July 2012--before 30 April 2012; and
8
(c) beginning on 1 July in a later calendar year--before 30 April
9
in that calendar year.
10
(2) An annual operational plan must:
11
(a) set out particulars of the action that the CEO intends to take
12
during the period to which the plan relates in order to give
13
effect to, or further, the goals set out in the strategic plan
14
applicable to the period; and
15
(b) include such performance indicators as the CEO considers
16
appropriate against which the ANPHA's performance can be
17
assessed during the period to which the plan relates.
18
(3) The CEO must consult the Advisory Council when preparing an
19
operational plan.
20
(4) For the purposes of this Division, the period beginning on the day
21
this section commences and ending on 30 June 2012 is taken to be
22
a 12 month period.
23
(5) An annual operational plan is not a legislative instrument.
24
47 Approval of annual operational plan
25
(1) The Minister may, by written notice given to the CEO:
26
(a) approve an annual operational plan; or
27
(b) if the Minister thinks that the plan is inconsistent with the
28
provisions of the relevant strategic plan--request the CEO to
29
revise the annual operational plan appropriately.
30
Part 6 Strategic and annual operational plans
Division 2 Annual operational plans
Section 48
28 Australian National Preventive Health Agency Bill 2010 No. , 2010
(2) The Minister must not approve an annual operational plan unless
1
the Ministerial Conference has agreed to the plan.
2
(3) However, the Minister may approve an interim annual operational
3
plan if the Ministerial Conference does not agree to an annual
4
operational plan for the 12 month period:
5
(a) beginning on the day this section commences and ending on
6
30 June 2012--by the end of 6 months after the day this
7
section commences; and
8
(b) beginning on 1 July 2012--by 31 May 2012; and
9
(c) beginning on 1 July in a later calendar year--by 31 May in
10
that calendar year.
11
(4) If the Minister makes a request under paragraph (1)(b), the
12
Minister is to set out the reasons for the request in the notice.
13
(5) The CEO must consider a request under paragraph (1)(b) and the
14
statement of reasons, make such revision of the annual operational
15
plan as he or she considers appropriate and submit the revised plan
16
to the Minister for approval.
17
(6) An annual operational plan or an interim annual operational plan
18
comes into force:
19
(a) at the beginning of the period to which the plan relates; or
20
(b) on the day on which the CEO receives written notice of the
21
Minister's approval;
22
whichever is the later.
23
48 Variation of annual operational plan
24
(1) Section 45 applies to annual operational plans in the same way as it
25
applies to strategic plans, except that the Minister may approve a
26
variation of an annual operational plan if the Ministerial
27
Conference does not agree to the variation within 3 months of the
28
variation being put to it.
29
(2) When submitting to the Minister proposals for variation of a
30
strategic plan, the CEO must also submit to the Minister proposals
31
for any consequential variations of a relevant annual operational
32
plan.
33
Strategic and annual operational plans Part 6
Compliance with plans Division 3
Section 49
Australian National Preventive Health Agency Bill 2010 No. , 2010 29
Division 3--Compliance with plans
1
49 Compliance with plans
2
When performing his or her functions and exercising his or her
3
powers, the CEO must take into account the strategic plan and
4
annual operational plan (including any interim plan) that is in
5
force.
6
7
Part 7 Finance and reporting requirements
Division 1 ANPHA Special Account
Section 50
30 Australian National Preventive Health Agency Bill 2010 No. , 2010
Part 7--Finance and reporting requirements
1
Division 1--ANPHA Special Account
2
50 ANPHA Special Account
3
(1) The ANPHA Special Account is established by this section.
4
(2) The Account is a Special Account for the purposes of the Financial
5
Management and Accountability Act 1997.
6
51 Credits to the Account
7
There may be credited to the Account amounts equal to the
8
following:
9
(a) fees paid to the Commonwealth in accordance with
10
section 12;
11
(b) amounts received by the Commonwealth in connection with
12
the performance of the CEO's functions under this Act;
13
(c) amounts received by the Commonwealth in relation to
14
property paid for with amounts debited from the Account;
15
(d) amounts of any gifts given or bequests made for the purposes
16
of the Account.
17
Note:
An Appropriation Act provides for amounts to be credited to a Special
18
Account if any of the purposes of the Account is a purpose that is
19
covered by an item in the Appropriation Act.
20
52 Purposes of the Account
21
The purposes of the Account are as follows:
22
(a) paying or discharging the costs, expenses and other
23
obligations incurred by the Commonwealth in the
24
performance of the CEO's functions;
25
(b) paying any remuneration and allowances payable to any
26
person under this Act;
27
(c) meeting the expenses of administering the Account.
28
Note:
See section 21 of the Financial Management and Accountability Act
29
1997 (debits from Special Accounts).
30
Finance and reporting requirements Part 7
Annual report Division 2
Section 53
Australian National Preventive Health Agency Bill 2010 No. , 2010 31
Division 2--Annual report
1
53 Annual report
2
Annual report to be given to Minister
3
(1) The CEO must, as soon as practicable after the end of each
4
financial year, prepare and give to the Minister, for presentation to
5
the Parliament, a report (an annual report) on the CEO's
6
operations during that year.
7
Note:
See also section 34C of the Acts Interpretation Act 1901, which
8
contains provisions about annual reports.
9
(2) For the purposes of subsection (1), the period beginning on the day
10
this section commences and ending on 30 June 2012 is taken to be
11
a financial year.
12
Contents of annual report
13
(3) The CEO must include in a report relating to a financial year the
14
following:
15
(a) an assessment of the extent to which the CEO's operations
16
during the year have contributed:
17
(i) to the objectives set out in the strategic plan applicable
18
for the year; and
19
(ii) to the objectives set out in the annual operational plan
20
for the year;
21
(b) particulars of variations (if any) of the strategic plan and the
22
annual operational plan taking effect during the year;
23
(c) an evaluation of the ANPHA's overall performance during
24
the year against the performance indicators set out in the
25
annual operational plan for the year;
26
(d) the financial statements required by section 49 of the
27
Financial Management and Accountability Act 1997;
28
(e) an audit report on those statements under section 57 of the
29
Financial Management and Accountability Act 1997.
30
31
Part 8 Grants
Section 54
32 Australian National Preventive Health Agency Bill 2010 No. , 2010
Part 8--Grants
1
2
54 Grants
3
Scope
4
(1) This section applies to a grant of financial assistance to a State,
5
Territory or person if:
6
(a) the grant is made by the CEO on behalf of the
7
Commonwealth; and
8
(b) the grant relates to preventive health.
9
Terms and conditions
10
(2) The terms and conditions on which that financial assistance is
11
granted are to be set out in a written agreement between the
12
Commonwealth and the State, Territory or person (as the case
13
requires).
14
(3) An agreement under subsection (2) may be entered into by the
15
CEO on behalf of the Commonwealth.
16
17
Miscellaneous Part 9
Section 55
Australian National Preventive Health Agency Bill 2010 No. , 2010 33
Part 9--Miscellaneous
1
2
55 How the Ministerial Conference gives agreement
3
The Ministerial Conference is to give its agreement, for the
4
purposes of a provision of this Act, by resolution of the Conference
5
passed in accordance with the procedures determined by the
6
Conference.
7
56 Regulations
8
The Governor-General may make regulations prescribing matters:
9
(a) required or permitted by this Act to be prescribed; or
10
(b) necessary or convenient to be prescribed for carrying out or
11
giving effect to this Act.
12