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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment Bill (No. 3)
1998
No. ,
1998
(Health and Aged
Care)
A Bill for an Act to amend
legislation relating to health, and for related purposes
ISBN: 0642
377421
Contents
A Bill for an Act to amend legislation relating to
health, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Legislation Amendment Act (No. 3)
1998.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 4 (paragraph (b) of the definition of
reviewable action)
Omit “Medical”.
2 Subsection 8(3)
Omit “12, 13 and 14” (wherever occurring), substitute
“13, 14, 14A and 14B”.
3 Sections 12 and 13
Repeal the sections, substitute:
(1) Subject to sections 14 and 14B, before the Council:
(a) makes a regulatory recommendation; or
(b) engages in any other prescribed activity (other than issuing
guidelines);
the Council must consult persons or bodies in accordance with the steps set
out in this section.
(2) As soon as practicable after deciding that, subject to consultation
processes, it intends to make a regulatory recommendation or engage in a
prescribed activity (other than issuing guidelines), the Council must publish a
notice, in the manner and form specified in the regulations:
(a) stating its intention to make the recommendation or engage in the
activity; and
(b) inviting persons or bodies to make submissions relating to the
proposed recommendation or activity in accordance with the procedures, and
within the period, specified in the notice.
(3) As soon as practicable after the end of the period specified under
paragraph (2)(b), the Council must, having regard to any submissions received
pursuant to the invitation referred to in that paragraph:
(a) prepare a draft of the regulatory recommendation that the Council
proposes to make or an outline of the prescribed activity in which the Council
proposes to engage and publish a notice, in the manner and form specified in the
regulations:
(i) containing a summary of the draft recommendation or the outline of the
activity; and
(ii) stating, in the case of a draft recommendation, where copies of the
draft recommendation can be obtained; and
(iii) inviting persons or bodies to make submissions relating to the draft
recommendation or the outline of the activity in accordance with the procedures,
and within the period, specified in the notice; or
(b) publish, in the manner and form specified in the regulations, a notice
stating that it no longer proposes to make the recommendation or engage in the
prescribed activity.
(4) The Council must have regard to any
submissions received pursuant to the invitation referred to in subparagraph
(3)(a)(iii) before making the recommendation or engaging in the
activity.
(1) Subject to sections 14 and 14B, before the Council issues guidelines,
the Council must:
(a) prepare a draft of the guidelines that the Council proposes to issue;
and
(b) publish a notice, in the manner and form specified in the
regulations:
(i) containing a summary of the draft guidelines; and
(ii) stating where copies of the draft guidelines can be obtained;
and
(iii) inviting persons or bodies to make submissions relating to the draft
guidelines in accordance with the procedures, and within the period, specified
in the notice.
(2) The Council must have regard to any submissions received pursuant to
the invitation referred to in subparagraph (1)(b)(iii) before issuing the
guidelines.
4 Paragraph 14(1)(a)
After “12”, insert “or 13”.
5 Subsection 14(2)
After “12(3)(a)”, insert “or 13(1)(b)”.
6 After section 14
Insert:
The Council may approve guidelines prepared by another person or body if,
and only if, the Council is satisfied that the other person or body, before
submitting the guidelines to the Council for its approval:
(a) prepared a draft of the guidelines that it proposed to submit to the
Council; and
(b) published a notice, in a manner and form acceptable to the
Council:
(i) containing a summary of the draft guidelines; and
(ii) stating where copies of the draft guidelines could be obtained;
and
(iii) inviting persons or bodies to make submissions relating to the draft
in accordance with the procedures, and within the period, specified in the
notice; and
(c) had regard to any submissions received pursuant to the invitation
referred to in subparagraph (b)(iii).
(1) If the Council is satisfied that a proposed regulatory recommendation,
or proposed prescribed activity, referred to in section 12, or proposed
guidelines referred to in section 13 or 14A, raise issues that are of minor
significance only, the Council may omit all or any of the steps set out in
section 12, 13 or 14A, as the case may be.
(2) If the Council proposes to omit all or any of the steps set out in
section 12, 13 or 14A, the Council must publish a notice, in the manner and
form, and within the period, specified in the regulations, stating its reasons
for so proposing.
7 Section 35
Omit “Medical Research Committee” (wherever occurring),
substitute “Research Committee”.
8 Paragraph 35(2)(c)
After “medical research”, insert “and public health
research”.
9 After section 37
Insert:
(1) The Chairperson of a Principal Committee or of the Executive Committee
is to preside at any meeting of that Committee at which he or she is
present.
(2) A Principal Committee or the Executive Committee may, by
resolution:
(a) appoint one of its members other than the Chairperson of that
Committee to be the Deputy Chairperson of that Committee; and
(b) revoke an appointment so made.
(3) In the absence of the Chairperson of a Principal Committee or the
Executive Committee from the meeting of that Committee at which the Deputy
Chairperson of that Committee is present, the Deputy Chairperson is to
preside.
(4) If the Chairperson of a Principal Committee or of the Executive
Committee is absent from Australia or is unable because of illness or for any
other reason to perform any of the functions or duties, or exercise any of the
powers, of his or her office, the Deputy Chairperson of that Committee may
perform those functions or duties or exercise those powers.
(5) When the Deputy Chairperson of a Principal Committee or of the
Executive Committee is performing functions or duties or exercising powers under
subsection (4), a reference in this Act to the Chairperson of that Committee is
taken to be a reference to the Deputy Chairperson of that Committee.
10 Subparagraph 38(b)(iii)
After “Chairperson”, insert “and the Deputy
Chairperson”.
11 Subsection 39(1)
Omit “A Principal”, substitute “The Council or a
Principal”.
12 Subsection 39(2)
After “appointed by”, insert “the Council
or”.
13 Subsection 39(5)
Omit all the words before paragraph (a), substitute:
If the Council or a Principal Committee establishes a working committee
under subsection (1), the Council or the Principal Committee, as the case may
be, must determine:
14 After subsection 42(2)
Insert:
(2A) The Chairperson of the Council may grant a member of a working
committee established by the Council leave of absence from his or her duties on
the working committee on such terms and conditions as the Chairperson of the
Council determines.
15 Subsection 43(3)
Repeal the subsection, substitute:
(3) A member of a working committee established by the Council may resign
his or her office by delivering to the Chairperson of the Council a written
notice signed by the member.
(4) A member of a working committee established by a Principal Committee
may resign his or her office by delivering to the Chairperson of that Principal
Committee a written notice signed by the member.
16 Subsection 44(4) (paragraph (c) of the
definition of appropriate authority)
Repeal the paragraph, substitute:
(c) in the case of a working committee established by the
Council—the Chairperson of the Council;
(d) in the case of a working committee established by a Principal
Committee—the Chairperson of that Principal Committee.
17 Paragraph 56(2)(c)
Omit “Medical”.
18 Paragraph 67(1)(a)
Omit “Medical”.
19 Before paragraph
82(2)(a)
Insert:
(aa) the Chairperson of the Council;
20 After paragraph 82(2)(b)
Insert:
(ba) a working committee established by the Council;