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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH AND OTHER LEGISLATION AMENDMENT BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health and Other Legislation
Amendment Bill 2012
No. , 2012
(Health and Ageing)
A Bill for an Act to amend the law relating to food
regulatory measures, health, medicare and
industrial chemicals, and for related purposes
i Health and Other Legislation Amendment Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Food Standards Australia New Zealand Act 1991
3
Health Insurance Act 1973
4
Human Services (Medicare) Act 1973
5
Industrial Chemicals (Notification and Assessment) Act 1989
6
Health and Other Legislation Amendment Bill 2012 No. , 2012 1
A Bill for an Act to amend the law relating to food
1
regulatory measures, health, medicare and
2
industrial chemicals, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Health and Other Legislation
6
Amendment Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Health and Other Legislation Amendment Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 17
The day after this Act receives the Royal
Assent.
3. Schedule 1,
items 18 and 19
A single day to be fixed by Proclamation.
However, if 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.
4. Schedule 1,
items 20 to 23
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Health and Other Legislation Amendment Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
2
Food Standards Australia New Zealand Act 1991
3
1 Paragraph 23(2)(b)
4
Omit "fixed".
5
2 Subsection 24(2)
6
Omit "fixed".
7
3 Subparagraph 27(c)(i)
8
Omit "fixed under subparagraph 146(6)(b)(i)", substitute "under
9
section 146 in relation to the application".
10
4 Paragraph 27(d)
11
Omit "fixed under subparagraph 146(6)(b)(ii)", substitute "under
12
section 146 in relation to the application".
13
5 Subparagraph 48(1)(b)(i)
14
Omit "fixed under subparagraph 146(6)(b)(i)", substitute "under
15
section 146 in relation to the application".
16
6 Paragraph 48(1)(c)
17
Omit "fixed under subparagraph 146(6)(b)(ii)", substitute "under
18
section 146 in relation to the application".
19
7 Subsection 95(7)
20
Omit "fixed".
21
8 Paragraph 108(1)(b)
22
Omit "fixed".
23
9 Paragraph 109(2)(a)
24
Omit "fixed under subparagraph 146(6)(b)(i)", substitute "under
25
section 146 in relation to the application".
26
10 Paragraph 109(2)(b)
27
Schedule 1 Amendments
4 Health and Other Legislation Amendment Bill 2012 No. , 2012
Omit "fixed under subparagraph 146(6)(b)(ii)", substitute "under
1
section 146 in relation to the application".
2
11 Subsection 109(7)
3
Omit "fixed".
4
12 Subparagraph 109(9A)(c)(i)
5
Omit "fixed under subparagraph 146(6)(b)(ii)", substitute "under
6
section 146".
7
13 Subparagraph 109(9B)(b)(i)
8
Omit "fixed under subparagraph 146(6)(b)(ii)", substitute "under
9
section 146".
10
14 Subsection 110(3)
11
Omit "fixed".
12
15 Subsection 146(2)
13
Omit "fixed".
14
16 Subsection 146(7)
15
Omit "under", substitute "as mentioned in".
16
17 Paragraphs 152(1)(g), (h) and (i)
17
Omit "fixed".
18
Health Insurance Act 1973
19
18 At the end of section 3
20
Add:
21
(18)
If:
22
(a) a professional service prescribed by the regulations for the
23
purposes of this paragraph is rendered by a medical
24
practitioner who is a specialist trainee (see subsection (20));
25
and
26
(b) the specialist trainee renders the service under the
27
supervision of another medical practitioner who is present at
28
all times while the specialist trainee renders the service;
29
Amendments Schedule 1
Health and Other Legislation Amendment Bill 2012 No. , 2012 5
then, for the purposes of this Act and the regulations:
1
(c) the service is taken to have been rendered by the other
2
medical practitioner; and
3
(d) the service is taken not to have been rendered by the
4
specialist trainee.
5
(19) The regulations may prescribe provisions of this Act and of the
6
regulations to which subsection (18) does not apply.
7
(20) In subsection (18):
8
specialist trainee has the meaning given by regulations made for
9
the purposes of this subsection.
10
19 Application provision
11
The amendment made by item 18 applies in relation to professional
12
services rendered on or after the commencement of that item.
13
Human Services (Medicare) Act 1973
14
20 At the end of subsections 41C(1) and (2)
15
Add:
16
Note:
See section 41CA for exceptions.
17
21 Subsection 41C(6)
18
Repeal the subsection.
19
22 After section 41C
20
Insert:
21
41CA Authorisations for purposes of section 41C
22
(1) Subsection 41C(1) or (2) does not apply to conduct engaged in by a
23
person in accordance with an authorisation (including any
24
conditions) in force under subsection (2) of this section in relation
25
to the person.
26
Note:
A defendant bears an evidential burden in relation to the matter in
27
subsection (1): see subsection 13.3(3) of the Criminal Code.
28
(2) For the purposes of subsection (1), the Secretary may, by writing,
29
authorise specified persons to engage in specified conduct. The
30
Schedule 1 Amendments
6 Health and Other Legislation Amendment Bill 2012 No. , 2012
authorisation may make the conduct subject to specified
1
conditions.
2
Note:
For specification by class, see subsection 33(3AB) of the Acts
3
Interpretation Act 1901.
4
(3) An authorisation under subsection (2) ceases to be in force in
5
relation to a person if the person contravenes a condition of the
6
authorisation that applies to the person.
7
(4) Subsection (3) does not limit the application of subsection 33(3) of
8
the Acts Interpretation Act 1901 in relation to an authorisation
9
under subsection (2) of this section.
10
Note:
Subsection 33(3) of the Acts Interpretation Act 1901 deals with
11
revocation and variation etc. of instruments.
12
Delegation
13
(5) The Secretary may, by writing, delegate the Secretary's powers
14
under subsection (2) to:
15
(a) the Chief Executive Medicare; or
16
(b) any other APS employee in the Department; or
17
(c) an APS employee in the Department administered by the
18
Minister administering the Health Insurance Act 1973.
19
Note: The
expression
APS employee is defined in section 2B of the Acts
20
Interpretation Act 1901.
21
(6) A delegate must comply with any written directions of the
22
Secretary.
23
Authorisation not a legislative instrument
24
(7) An authorisation under subsection (2) is not a legislative
25
instrument.
26
Industrial Chemicals (Notification and Assessment) Act 1989
27
23 Subparagraph 21(6)(b)(ii)
28
Omit "at the port or airport".
29