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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Occupational Respiratory
Disease Registry Bill 2023
No. , 2023
(Health and Aged Care)
A Bill for an Act to establish the National
Occupational Respiratory Disease Registry, and for
related purposes
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
i
Contents
Part 1
--
Preliminary
1
Division 1
--
Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Object of this Act............................................................................... 2
4
Simplified outline of this Act ............................................................ 2
5
Act binds the Crown .......................................................................... 3
6
Act extends to external Territories..................................................... 3
7
Concurrent operation of State and Territory laws .............................. 4
Division 2
--
Interpretation
5
8
Definitions ......................................................................................... 5
9
Meaning of
commercial-in-confidence
.............................................. 8
Part 2
--
National Occupational Respiratory Disease Registry
9
Division 1
--
Simplified outline of this Part
9
10
Simplified outline of this Part ............................................................ 9
Division 2
--
Establishment, contents and purposes
10
11
Establishment of the National Registry ........................................... 10
12
Contents of the National Registry .................................................... 10
13
Purposes of the National Registry ................................................... 11
Division 3
--
Notifying information for the National Registry
14
14
Notifying information about prescribed occupational
respiratory diseases
--
diagnosing prescribed medical
practitioner ...................................................................................... 14
15
Notifying information about prescribed occupational
respiratory diseases
--
treating prescribed medical
practitioner ...................................................................................... 15
16
Notifying information about non-prescribed occupational
respiratory diseases
--
diagnosing prescribed medical
practitioner ...................................................................................... 17
17
Notifying information about non-prescribed occupational
respiratory diseases
--
treating prescribed medical
practitioner ...................................................................................... 18
18
Commonwealth Chief Medical Officer or contracted service
provider may request individual to provide additional
notification information ................................................................... 20
Division 4
--
Variation of information in the National Registry
21
19
Variation of information included in the National Registry............. 21
ii
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
Part 3
--
Dealing with information in the National Registry
22
20
Simplified outline of this Part .......................................................... 22
21
Authorised dealings with information
--
general .............................. 22
22
Authorised dealings with information
--
Commonwealth
authorities and State or Territory authorities ................................... 25
23
Offence relating to protected information ........................................ 26
24
Exceptions relating to the person to whom the protected
information relates ........................................................................... 27
25
Exception for disclosure to person who provided the
information ...................................................................................... 27
26
Reports including statistical and other information relating to
information included in the National Registry ................................. 27
Part 4
--
Other matters
30
27
Simplified outline of this Part .......................................................... 30
28
Civil penalty provisions ................................................................... 30
29
Approved forms ............................................................................... 31
30
Agreements ...................................................................................... 31
31
Fees ................................................................................................. 31
32
Delegation ....................................................................................... 32
33
Rules ................................................................................................ 33
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
1
A Bill for an Act to establish the National
1
Occupational Respiratory Disease Registry, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Part
1--Preliminary
5
Division
1--Preliminary
6
1 Short title
7
This Act is the
National Occupational Respiratory Disease
8
Registry Act 2023
.
9
Part 1
Preliminary
Division 1
Preliminary
Section 2
2
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
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
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions 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 Object of this Act
13
The object of this Act is to establish a National Occupational
14
Respiratory Disease Registry that will record the incidence of
15
occupational respiratory diseases in Australia and assist in
16
preventing further worker exposure to respiratory disease-causing
17
agents.
18
4 Simplified outline of this Act
19
The Commonwealth is to establish the National Occupational
20
Respiratory Disease Registry (section 11).
21
Preliminary
Part 1
Preliminary
Division 1
Section 5
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
3
The National Registry is to include certain information in relation
1
to individuals who have been diagnosed with, or are being treated
2
for, an occupational respiratory disease (Part 2).
3
The purposes of the National Registry (section 13) relate to:
4
(a) providing access to information about occupational
5
respiratory diseases; and
6
(b) supporting the identification of industries, occupations,
7
job tasks and workplaces where there is a risk of
8
exposure to respiratory disease-causing agents; and
9
(c) occupational respiratory disease matters more broadly.
10
There are protections for sensitive information (Part 3).
11
The Commonwealth Chief Medical Officer must publish an annual
12
report including certain statistical information in relation to
13
information included in the National Registry, and may publish or
14
make available other reports in relation to information included in
15
the National Registry (section 26).
16
Fees may be charged in relation to the disclosure of protected
17
information in certain circumstances (section 31).
18
Certain matters are to be prescribed by rules made by the Minister,
19
or determinations made by the Commonwealth Chief Medical
20
Officer. The rules and determinations are disallowable legislative
21
instruments (sections 12, 31 and 33).
22
5 Act binds the Crown
23
This Act binds the Crown in each of its capacities. However, it
24
does not make the Crown liable to be prosecuted for an offence.
25
Note:
See subsection 28(4) in relation to civil penalties.
26
6 Act extends to external Territories
27
This Act extends to every external Territory.
28
Part 1
Preliminary
Division 1
Preliminary
Section 7
4
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
7 Concurrent operation of State and Territory laws
1
(1) This Act does not exclude or limit the operation of a law of a State
2
or Territory relating to the use, reporting or other disclosure of
3
information concerning occupational respiratory diseases, to the
4
extent that the law of the State or Territory is capable of operating
5
concurrently with this Act.
6
(2) Without limiting subsection (1), this Act does not exclude or limit
7
the concurrent operation of a law of a State or Territory to the
8
extent that:
9
(a) the law makes an act or omission:
10
(i) an offence; or
11
(ii) subject to a civil penalty; and
12
(b) that (or any similar) act or omission is also:
13
(i) an offence against a provision of this Act; or
14
(ii) subject to a civil penalty under this Act.
15
(3) Subsection (2) applies even if the law of the State or Territory does
16
any one or more of the following in relation to the offence or civil
17
penalty:
18
(a) provides for a penalty that differs from the penalty provided
19
by this Act;
20
(b) provides for fault elements that differ from the fault elements
21
applicable to the offence or civil penalty provision created by
22
this Act;
23
(c) provides for defences or exceptions that differ from the
24
defences or exceptions applicable to the offence or civil
25
penalty provision created by this Act.
26
Preliminary
Part 1
Interpretation
Division 2
Section 8
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
5
Division
2--Interpretation
1
8 Definitions
2
In this Act:
3
additional notification information
has the meaning given by
4
subsection 12(3).
5
approved form
means a form approved under section 29.
6
Australia
, when used in a geographical sense, includes every
7
external Territory.
8
civil penalty provision
has the same meaning as in the Regulatory
9
Powers Act.
10
commercial-in-confidence
has the meaning given by section 9.
11
Commonwealth authority
means a Commonwealth entity within
12
the meaning of the
Public Governance, Performance and
13
Accountability Act 2013
.
14
contracted service provider
means a person who is engaged under
15
an agreement in force under section 30.
16
enforcement body
means any of the following:
17
(a) the Australian Federal Police;
18
(b) the National Anti-Corruption Commissioner (within the
19
meaning of the
National Anti-Corruption Commission Act
20
2022
);
21
(c) the Australian Crime Commission;
22
(d) the Office of the Director of Public Prosecutions.
23
enforcement related activity
has the same meaning as in the
24
Privacy Act 1988
.
25
entity
means any of the following:
26
(a) a person;
27
(b) a partnership;
28
Part 1
Preliminary
Division 2
Interpretation
Section 8
6
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
(c) any other unincorporated association or body;
1
(d) a trust;
2
(e) a part of another entity (under a previous application of this
3
definition).
4
healthcare
means a health service within the meaning of
5
subsection 6(1) of the
Privacy Act 1988
.
6
minimum notification information
has the meaning given by
7
subsection 12(2).
8
National Registry
means the National Occupational Respiratory
9
Disease Registry established under section 11.
10
non-prescribed occupational respiratory disease
means an
11
occupational respiratory disease that is not a prescribed
12
occupational respiratory disease.
13
occupational respiratory disease
means a medical condition
14
associated with an individual's
respiratory system that is likely to
15
have been caused or exacerbated, in whole or in part, by the
16
individual's work or workplace.
17
personal information
has the same meaning as in the
Privacy Act
18
1988
.
19
personal representative
, of an individual, means:
20
(a) a parent or guardian of the individual, if the individual is
21
inc
apable of managing the individual's health affairs; or
22
(b) a trustee of an estate of the individual, if the individual is
23
under a legal disability; or
24
(c) a person who holds an enduring power of attorney granted by
25
the individual.
26
prescribed medical practitioner
means a medical practitioner of a
27
kind prescribed by the rules.
28
prescribed occupational respiratory disease
means an
29
occupational respiratory disease prescribed by the rules.
30
Preliminary
Part 1
Interpretation
Division 2
Section 8
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
7
protected information
means personal information, workplace
1
identifying information or information that is
2
commercial-in-confidence, to the extent that the information is:
3
(a) included in the National Registry or obtained under, or in
4
accordance with, this Act; or
5
(b) derived from a record of information that was included in the
6
National Registry or was obtained under, or in accordance
7
with, this Act; or
8
(c) derived from a disclosure or use of information that was
9
included in the National Registry or was obtained under, or
10
in accordance with, this Act.
11
purposes of the National Registry
means the purposes set out in
12
section 13.
13
registration authority
means an entity that is responsible under a
14
law for registering members of a particular health profession.
15
Regulatory Powers Act
means the
Regulatory Powers (Standard
16
Provisions) Act 2014
.
17
relevant
State or Territory authority
means a State or Territory
18
authority that:
19
(a) has functions in relation to, or that is responsible for or deals
20
with, occupational health and safety in the State or Territory;
21
or
22
(b) has functions in relation to, or that is responsible for or deals
23
with, health in the State or Territory; or
24
(c) is prescribed by the rules.
25
research
:
26
(a) means research relating to occupational respiratory diseases;
27
and
28
(b) includes research relating to the causes, incidence,
29
prevalence, nature, extent and trends of occupational
30
respiratory diseases.
31
respiratory disease-causing agents
means agents such as dusts,
32
gases, fumes, vapours, mists, fungi and fibres that can cause or
33
contribute to an occupational respiratory disease.
34
Part 1
Preliminary
Division 2
Interpretation
Section 9
8
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
rules
means rules made under subsection 33(1).
1
Secretary
means the Secretary of the Department.
2
State or Territory authority
has the same meaning as in the
3
Privacy Act 1988
.
4
State or Territory Health Minister
means the State or Territory
5
Minister who is responsible, or principally responsible, for matters
6
relating to health in the State or Territory.
7
workplace identifying information
:
8
(a) means information about an identified, or reasonably
9
identifiable, workplace; and
10
(b) includes information that identifies, or could be used to
11
identify, an employer or business.
12
9 Meaning of
commercial-in-confidence
13
Information is
commercial-in-confidence
if a person demonstrates
14
to the Minister that:
15
(a) release of the information would cause competitive detriment
16
to the person; and
17
(b) the information is not in the public domain; and
18
(c) the information is not required to be disclosed under a law of
19
the Commonwealth, or of a State or Territory; and
20
(d) the information is not readily discoverable.
21
National Occupational Respiratory Disease Registry
Part 2
Simplified outline of this Part
Division 1
Section 10
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
9
Part
2--National Occupational Respiratory Disease
1
Registry
2
Division
1--Simplified outline of this Part
3
10 Simplified outline of this Part
4
The Commonwealth is to establish the National Occupational
5
Respiratory Disease Registry (section 11).
6
The National Registry is to include certain information relating to
7
individuals who have been diagnosed with, or are being treated for,
8
an occupational respiratory disease (section 12).
9
The purposes of the National Registry (section 13) relate to:
10
(a) providing access to information about occupational
11
respiratory diseases; and
12
(b) supporting the identification of industries, occupations,
13
job tasks and workplaces where there is a risk of
14
exposure to respiratory disease-causing agents; and
15
(c) occupational respiratory disease matters more broadly.
16
A prescribed medical practitioner who has diagnosed an individual
17
with an occupational respiratory disease may be authorised or
18
required to notify the Commonwealth Chief Medical Officer of
19
certain information in relation to the individual for inclusion in the
20
National Registry. A prescribed medical practitioner who is
21
treating an individual for an occupational respiratory disease may
22
also notify the Commonwealth Chief Medical Officer of certain
23
information in relation to the individual for inclusion in the
24
National Registry (Division 3).
25
The Commonwealth Chief Medical Officer may vary information
26
included in the National Registry (Division 4).
27
Part 2
National Occupational Respiratory Disease Registry
Division 2
Establishment, contents and purposes
Section 11
10
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
Division
2--Establishment, contents and purposes
1
11 Establishment of the National Registry
2
(1) The Commonwealth must establish and keep a registry to be called
3
the National Occupational Respiratory Disease Registry.
4
(2) The National Registry may be kept by electronic means.
5
(3) Parts of the National Registry may be kept separate from each
6
other, and be called different names.
7
(4) The National Registry is not a legislative instrument.
8
12 Contents of the National Registry
9
(1) The National Registry may include the following information in
10
relation to individuals who have been diagnosed with, or are being
11
treated for, an occupational respiratory disease:
12
(a) minimum notification information;
13
(b) additional notification information;
14
(c) any other information that is relevant to the purposes of the
15
National Registry and is determined by the Commonwealth
16
Chief Medical Officer under subsection (4) for the purposes
17
of this paragraph.
18
(2)
Minimum notification information
in relation to an individual
19
who has been diagnosed with, or is being treated for, an
20
occupational respiratory disease is information that is relevant to
21
the purposes of the National Registry and is determined by the
22
Commonwealth Chief Medical Officer under subsection (4) for the
23
purposes of this subsection.
24
(3)
Additional notification information
in relation to an individual
25
who has been diagnosed with, or is being treated for, an
26
occupational respiratory disease is information (other than
27
minimum notification information) that is relevant to the purposes
28
of the National Registry and is determined by the Commonwealth
29
National Occupational Respiratory Disease Registry
Part 2
Establishment, contents and purposes
Division 2
Section 13
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
11
Chief Medical Officer under subsection (4) for the purposes of this
1
subsection.
2
(4) The Commonwealth Chief Medical Officer may, by legislative
3
instrument, determine the following:
4
(a) information for the purposes of paragraph (1)(c);
5
(b) information for the purposes of subsection (2);
6
(c) information for the purposes of subsection (3).
7
13 Purposes of the National Registry
8
(1) The purposes of the National Registry are to facilitate the
9
following:
10
(a) collecting, storing, analysing and publishing by electronic
11
means information relating to the diagnosis and progression
12
of occupational respiratory diseases in Australia;
13
(b) collecting, analysing and publishing statistics in relation to
14
occupational respiratory diseases in Australia;
15
(c) providing statistics in relation to occupational respiratory
16
diseases in Australia to States and Territories and to
17
prescribed medical practitioners;
18
(d) for the benefit of the nation:
19
(i) monitoring the incidence of occupational respiratory
20
diseases in Australia; and
21
(ii) taking preventative action;
22
(e) any activities that are incidental to the above purposes.
23
(2) The purposes of the National Registry also include to facilitate the
24
following:
25
(a) supporting the identification of industries, occupations, job
26
tasks and workplaces where there is a risk of exposure to
27
respiratory disease-causing agents:
28
(i) to enable the application of timely and targeted
29
interventions and prevention activities to reduce further
30
worker exposure and disease; and
31
(ii) to assist with compliance and enforcement activities in
32
relation to occupational health and safety matters;
33
Part 2
National Occupational Respiratory Disease Registry
Division 2
Establishment, contents and purposes
Section 13
12
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
(b) providing prescribed medical practitioners with access to
1
information included in the National Registry in relation to
2
an individual who has been diagnosed with an occupational
3
respiratory disease for the purpose of providing healthcare to
4
the individual in relation to the disease;
5
(c) monitoring the quality and effectiveness of policy and
6
regulatory arrangements in relation to occupational
7
respiratory diseases to inform and enhance policy
8
development, programs and decision-making relating to the
9
prevention of occupational respiratory diseases;
10
(d) planning, delivering and promoting healthcare and associated
11
services in relation to occupational respiratory diseases;
12
(e) identifying individuals for inclusion in clinical trials or
13
observational studies in relation to occupational respiratory
14
diseases;
15
(f) research (as defined in section 8);
16
(g) any activities that are incidental to the above purposes.
17
Constitutional basis
--
subsection (2)
18
(3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the
19
legislative power that the Parliament has under the Constitution to
20
give effect to Australia's obligations under the following:
21
(a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of
22
paragraph 2 of Article 12 of the International Covenant on
23
Economic, Social and Cultural Rights done at New York on
24
16 December 1966;
25
(b) Articles 4 and 8 and subparagraph (c) of Article 11 of the
26
International Labour Organization Convention No. 155
27
concerning Occupational Safety and Health and the Working
28
Environment done at Geneva on 22 June 1981;
29
(c) the Protocol of 2002 to the Occupational Safety and Health
30
Convention 1981 done at Geneva on 20 June 2002.
31
Note 1:
The International Covenant on Economic, Social and Cultural Rights
32
is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in
33
2023 be viewed in the Australian Treaties Library on the AustLII
34
website (http://www.austlii.edu.au).
35
Note 2:
The International Labour Organization Convention No. 155
36
concerning Occupational Safety and Health and the Working
37
National Occupational Respiratory Disease Registry
Part 2
Establishment, contents and purposes
Division 2
Section 13
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
13
Environment is in Australian Treaty Series 2005 No. 11 ([2005] ATS
1
11) and could in 2023 be viewed in the Australian Treaties Library on
2
the AustLII website (http://www.austlii.edu.au).
3
Note 3:
The Protocol of 2002 to the Occupational Safety and Health
4
Convention 1981
is in Australian Treaty Series 2012 No. 26 ([2012]
5
ATS 26) and could in 2023 be viewed in the Australian Treaties
6
Library on the AustLII website (http://www.austlii.edu.au).
7
(4) Subparagraph (2)(a)(ii) relies on the legislative power that the
8
Parliament has under the Constitution to give effect to
Australia's
9
obligations under paragraph 1 of Article 2 and subparagraphs (b)
10
and (c) of paragraph 2 of Article 12 of the International Covenant
11
on Economic, Social and Cultural Rights done at New York on
12
16 December 1966.
13
(5) Paragraph (2)(b) also relies on the legislative power that the
14
Parliament has under the Constitution with respect to the provision
15
of medical services.
16
(6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that
17
the Parliament has under the Constitution with respect to:
18
(a) the executive power of the Commonwealth; or
19
(b) matters incidental to the execution of any of the legislative
20
powers of the Parliament.
21
Part 2
National Occupational Respiratory Disease Registry
Division 3
Notifying information for the National Registry
Section 14
14
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
Division
3--Notifying information for the National
1
Registry
2
14 Notifying information about prescribed occupational respiratory
3
diseases
--
diagnosing prescribed medical practitioner
4
Minimum notification information must be notified
5
(1) If:
6
(a) a prescribed medical practitioner diagnoses an individual
7
with an occupational respiratory disease at or after the
8
commencement of this Act; and
9
(b) at the time the diagnosis is made, the occupational respiratory
10
disease is a prescribed occupational respiratory disease;
11
the prescribed medical practitioner must notify the Commonwealth
12
Chief Medical Officer, in an approved form and by the time, or
13
within the period, prescribed by the rules, of the minimum
14
notification information in relation to the individual.
15
Note 1:
For
minimum notification information
, see subsection 12(2).
16
Note 2:
The prescribed medical practitioner may, with
the individual's
17
consent, also notify the Commonwealth Chief Medical Officer, in an
18
approved form, of additional information in relation to the individual
19
(see subsection (5)).
20
(2) Subsection (1) applies whether or not the individual consents to the
21
notification of the information under that subsection.
22
Civil penalty provision
23
(3) A person is liable to a civil penalty if the person contravenes
24
subsection (1).
25
Civil penalty:
30 penalty units.
26
Continuing contraventions
27
(4) Subsection 93(2) of the Regulatory Powers Act does not apply in
28
relation to a contravention of subsection (1) of this section.
29
National Occupational Respiratory Disease Registry
Part 2
Notifying information for the National Registry
Division 3
Section 15
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
15
Additional information may be notified
1
(5) A prescribed medical practitioner who notifies minimum
2
notification information in relation to an individual under
3
subsection (1) may,
with the individual's consent,
also notify the
4
Commonwealth Chief Medical Officer, in an approved form, of
5
some or all of the following:
6
(a) the additional notification information in relation to the
7
individual;
8
(b) other information (if any) in relation to the individual
9
determined under subsection 12(4) for the purposes of
10
paragraph 12(1)(c).
11
Note:
For
additional notification information
, see subsection 12(3).
12
15 Notifying information about prescribed occupational respiratory
13
diseases
--
treating prescribed medical practitioner
14
Minimum notification information may be notified
15
(1) If:
16
(a) a prescribed medical practitioner has diagnosed an individual
17
with a prescribed occupational respiratory disease before the
18
commencement of this Act; and
19
(b) the minimum notification information in relation to the
20
individual is not included in the National Registry;
21
a prescribed medical practitioner who is treating the individual for
22
the disease may, wi
th the individual's consent, notify the
23
Commonwealth Chief Medical Officer, in an approved form, of the
24
minimum notification information in relation to the individual.
25
Note 1:
For
minimum notification information
, see subsection 12(2).
26
Note 2:
The prescrib
ed medical practitioner may, with the individual's
27
consent, also notify the Commonwealth Chief Medical Officer, in an
28
approved form, of additional information in relation to the individual
29
(see subsection (3)).
30
Note 3:
The prescribed medical practitioner who diagnosed the individual with
31
the prescribed occupational respiratory disease and the prescribed
32
medical practitioner who is treating the individual for the disease may
33
be the same person.
34
Part 2
National Occupational Respiratory Disease Registry
Division 3
Notifying information for the National Registry
Section 15
16
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
(2) If:
1
(a) a prescribed medical practitioner diagnoses an individual
2
with a prescribed occupational respiratory disease at or after
3
the commencement of this Act; and
4
(b) the minimum notification information in relation to the
5
individual is not included in the National Registry;
6
a prescribed medical practitioner who is treating the individual for
7
the disease may, without obtaining
the individual's consent, notify
8
the Commonwealth Chief Medical Officer, in an approved form, of
9
the minimum notification information in relation to the individual.
10
Note 1:
For
minimum notification information
, see subsection 12(2).
11
Note 2:
The prescribed medical practitioner may, with the individual's
12
consent, also notify the Commonwealth Chief Medical Officer, in an
13
approved form, of additional information in relation to the individual
14
(see subsection (3)).
15
Note 3:
The prescribed medical practitioner who diagnosed the individual with
16
the prescribed occupational respiratory disease and the prescribed
17
medical practitioner who is treating the individual for the disease may
18
be the same person.
19
Additional information may be notified
20
(3) A prescribed medical practitioner who notifies minimum
21
notification information in relation to an individual under
22
subsection (1) or (2) may
, with the individual's consent,
notify the
23
Commonwealth Chief Medical Officer, in an approved form, of
24
some or all of the following:
25
(a) the additional notification information in relation to the
26
individual;
27
(b) other information (if any) in relation to the individual
28
determined under subsection 12(4) for the purposes of
29
paragraph 12(1)(c).
30
Note:
For
additional notification information
, see subsection 12(3).
31
Information included in the National Registry may be corrected or
32
updated
33
(4) If information in relation to an individual who has been diagnosed
34
with a prescribed occupational respiratory disease is included in
35
National Occupational Respiratory Disease Registry
Part 2
Notifying information for the National Registry
Division 3
Section 16
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
17
the National Registry under section 14 or this section, a prescribed
1
medical practitioner who is treating the individual for the disease
2
may, subject to subsection (5), correct or update the information by
3
notifying the Commonwealth Chief Medical Officer in an
4
approved form.
5
(5) A prescribed medical practitioner may correct or update
6
information in relation to an individual under subsection (4) to
7
make minor or technical changes (including to correct a minor
8
error)
without obtaining the individual's consent. For any other
9
changes, the prescribed medical practitioner must obtain the
10
consent of the individual.
11
16 Notifying information about non-prescribed occupational
12
respiratory diseases
--
diagnosing prescribed medical
13
practitioner
14
Minimum notification information may be notified
15
(1) Subject to subsection (2), a prescribed medical practitioner who
16
diagnoses an individual with a non-prescribed occupational
17
respiratory disease at or after the commencement of this Act may,
18
with the individual's consent, notify the Commonwealth Chief
19
Medical Officer, in an approved form, of the minimum notification
20
information in relation to the individual.
21
Note 1:
For
minimum notification information
, see subsection 12(2).
22
Note 2:
The prescribed medical practitioner may, with the individual's
23
consent, also notify the Commonwealth Chief Medical Officer, in an
24
approved form, of additional information in relation to the individual
25
(see subsection (3)).
26
(2) If:
27
(a) a prescribed medical practitioner diagnoses an individual
28
with a non-prescribed occupational respiratory disease at or
29
after the commencement of this Act; and
30
(b) for the purpose of complying with a requirement under a law
31
of a State or Territory, the medical practitioner is required to
32
notify the Commonwealth Chief Medical Officer, in an
33
approved form, of the diagnosis of that disease in relation to
34
the individual;
35
Part 2
National Occupational Respiratory Disease Registry
Division 3
Notifying information for the National Registry
Section 17
18
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
the medical practitioner may, without obtaining
the individual's
1
consent, notify the Commonwealth Chief Medical Officer, in an
2
approved form, of the minimum notification information in relation
3
to the individual.
4
Note 1:
For
minimum notification information
, see subsection 12(2).
5
Note 2:
The prescribed medical practitioner may, with the individual's
6
consent, also notify the Commonwealth Chief Medical Officer, in an
7
approved form, of additional information in relation to the individual
8
(see subsection (3)).
9
Additional information may be notified
10
(3) A prescribed medical practitioner who notifies minimum
11
notification information in relation to an individual under
12
subsection (1) or (2)
may, with the individual's consent,
also notify
13
the Commonwealth Chief Medical Officer, in an approved form, of
14
some or all of the following:
15
(a) the additional notification information in relation to the
16
individual;
17
(b) other information (if any) in relation to the individual
18
determined under subsection 12(4) for the purposes of
19
paragraph 12(1)(c).
20
Note:
For
additional notification information
, see subsection 12(3).
21
17 Notifying information about non-prescribed occupational
22
respiratory diseases
--
treating prescribed medical
23
practitioner
24
Minimum notification information may be notified
25
(1) If:
26
(a) a prescribed medical practitioner diagnoses an individual
27
with a non-prescribed occupational respiratory disease
28
(whether the diagnosis was made before, or is made at or
29
after, the commencement of this Act); and
30
(b) the minimum notification information in relation to the
31
individual is not included in the National Registry;
32
a prescribed medical practitioner who is treating the individual for
33
the disease may, with the individual's consent, notify the
34
National Occupational Respiratory Disease Registry
Part 2
Notifying information for the National Registry
Division 3
Section 17
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
19
Commonwealth Chief Medical Officer, in an approved form, of the
1
minimum notification information in relation to the individual.
2
Note 1:
For
minimum notification information
, see subsection 12(2).
3
Note 2:
The prescribed medical practitioner may, with the individual's
4
consent, also notify the Commonwealth Chief Medical Officer, in an
5
approved form, of additional information in relation to the individual
6
(see subsection (2)).
7
Note 3:
The prescribed medical practitioner who diagnosed the individual with
8
the non-prescribed occupational respiratory disease and the prescribed
9
medical practitioner who is treating the individual for the disease may
10
be the same person.
11
Additional information may be notified
12
(2) A prescribed medical practitioner who notifies minimum
13
notification information in relation to an individual under
14
subsection (1)
may, with the individual's consent, notify the
15
Commonwealth Chief Medical Officer, in an approved form, of
16
some or all of the following:
17
(a) the additional notification information in relation to the
18
individual;
19
(b) other information (if any) in relation to the individual
20
determined under subsection 12(4) for the purposes of
21
paragraph 12(1)(c).
22
Note:
For
additional notification information
, see subsection 12(3).
23
Information included in the National Registry may be corrected or
24
updated
25
(3) If information in relation to an individual who has been diagnosed
26
with a non-prescribed occupational respiratory disease is included
27
in the National Registry under section 16 or this section, a
28
prescribed medical practitioner who is treating the individual for
29
the disease may, subject to subsection (4), correct or update the
30
information by notifying the Commonwealth Chief Medical
31
Officer in an approved form.
32
(4) A prescribed medical practitioner may correct or update
33
information in relation to an individual under subsection (3) to
34
make minor or technical changes (including to correct a minor
35
Part 2
National Occupational Respiratory Disease Registry
Division 3
Notifying information for the National Registry
Section 18
20
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
error)
without obtaining the individual's consent. For any other
1
changes, the prescribed medical practitioner must obtain the
2
consent of the individual.
3
18 Commonwealth Chief Medical Officer or contracted service
4
provider may request individual to provide additional
5
notification information
6
(1) If a prescribed medical practitioner has notified the
7
Commonwealth Chief Medical Officer of the minimum
8
notification information in relation to an individual under
9
section 14, 15, 16 or 17, the Commonwealth Chief Medical
10
Officer, or a contracted service provider, may request, in writing,
11
the individual to give the Commonwealth Chief Medical Officer,
12
or the contracted service provider, additional notification
13
information in relation to the individual as specified in the request.
14
Note:
For
additional notification information
, see subsection 12(3).
15
(2) A request under subsection (1) may:
16
(a) be made by electronic communication; and
17
(b) ask the individual to give the specified information by
18
electronic communication.
19
(3) An individual who receives a request under subsection (1) is not
20
obliged to comply with the request.
21
National Occupational Respiratory Disease Registry
Part 2
Variation of information in the National Registry
Division 4
Section 19
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
21
Division
4--Variation of information in the National
1
Registry
2
19 Variation of information included in the National Registry
3
Commonwealth Chief Medical Officer must correct personal
4
information on request by individual
5
(1) An individual may request the Commonwealth Chief Medical
6
Officer, in writing, to correct personal information in relation to the
7
individual that is included in the National Registry.
8
(2) If the Commonwealth Chief Medical Officer receives a request
9
under subsection (1) to correct personal information in relation to
10
an individual, the Commonwealth Chief Medical Officer must
11
correct the information to ensure that, having regard to the purpose
12
for which the information is included in the National Registry, the
13
information is accurate, up-to-date, complete, relevant and not
14
misleading.
15
Commonwealth Chief Medical Officer may correct minor errors
16
etc.
17
(3) The Commonwealth Chief Medical Officer may, on the
18
Commonwealth Chief Medical Officer's own initiative, vary
19
information included in the National Registry:
20
(a) to correct a minor or technical error; or
21
(b) to ensure that correct and consistent terminology is used.
22
Part 3
Dealing with information in the National Registry
Section 20
22
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
Part
3--Dealing with information in the National
1
Registry
2
3
20 Simplified outline of this Part
4
Information may be collected for inclusion in the National Registry
5
(subsection 21(1)).
6
Personal information, workplace identifying information and
7
information that is commercial-in-confidence that is included in the
8
National Registry, or is derived from information included in the
9
National Registry, is protected information.
10
Recording, disclosure and use of protected information is
11
authorised in specific circumstances, including for the purposes of
12
the National Registry, by prescribed medical practitioners and for
13
research (sections 21 and 22).
14
It is an offence for a person to make a record of, disclose or
15
otherwise use protected information, without authorisation
16
(section 23).
17
There are exceptions to the offence (sections 24 and 25).
18
The Commonwealth Chief Medical Officer must publish an annual
19
report including certain statistical information in relation to
20
information included in the National Registry, and may publish or
21
make available other reports in relation to information included in
22
the National Registry (section 26).
23
21 Authorised dealings with information
--
general
24
Including information etc. in the National Registry
25
(1) A person may collect, make a record of, disclose or otherwise use:
26
(a) personal information; or
27
Dealing with information in the National Registry
Part 3
Section 21
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
23
(b) workplace identifying information; or
1
(c) information that is commercial-in-confidence;
2
if the person does so for the purposes of including information in
3
the National Registry.
4
Note 1:
This subsection is an authorisation for the purposes of other laws,
5
including the Australian Privacy Principles.
6
Note 2:
Certain information in relation to an individual may be collected and
7
recorded in the National Registry under Part 2 only with the
8
individual's consent
.
9
Authorised collection, disclosure or other use of information in the
10
National Registry
11
(2) A person may collect, make a record of, disclose or otherwise use
12
protected information included in the National Registry, if:
13
(a) the person does so for the purposes of the National Registry
14
and is:
15
(i) an officer or employee of the Commonwealth or a
16
Commonwealth authority; or
17
(ii) engaged by the Commonwealth, or a Commonwealth
18
authority, to perform work relating to the purposes of
19
the National Registry; or
20
(iii) an officer or employee of a person referred to in
21
subparagraph (ii), or engaged by a person referred to in
22
subparagraph (ii) to perform work relating to the
23
purposes of the National Registry; or
24
(b) all of the following apply:
25
(i) the person is a prescribed medical practitioner;
26
(ii) the information is about a diagnosis, or the progression,
27
of an occupational respiratory disease in relation to an
28
individual;
29
(iii) the collection, recording, disclosure or use is for the
30
purposes of providing healthcare to the individual in
31
relation to the occupational respiratory disease; or
32
(c) all of the following apply:
33
(i) the person is a prescribed medical practitioner;
34
Part 3
Dealing with information in the National Registry
Section 21
24
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
(ii) the person has diagnosed an individual with an
1
occupational respiratory disease, or is treating an
2
individual for an occupational respiratory disease;
3
(iii) the collection, recording, disclosure or use is for the
4
purpose of checking whether information in relation to
5
the individual is included in the National Registry; or
6
(d) the person does so for the purposes of performing the
7
person's functions
or duties
, or exercising the person's
8
powers, under this Act; or
9
(e) the person is required or authorised to do so by or under a
10
law of the Commonwealth, or of a State or Territory; or
11
(f) all of the following apply:
12
(i) the person is the Commonwealth Chief Medical Officer;
13
(ii) the collection, recording, disclosure or use is for the
14
purposes of disclosing information to an enforcement
15
body;
16
(iii) the person reasonably believes that the information is
17
reasonably necessary for, or directly related to, one or
18
more enforcement related activities being conducted by,
19
or on behalf of, the enforcement body; or
20
(g) the information is disclosed to the person under this section,
21
and the collection, recording, disclosure or use is for the
22
purpose for which the information was disclosed to the
23
person; or
24
(h) the person does so for the purposes of court or tribunal
25
proceedings, or in accordance with an order of a court or
26
tribunal; or
27
(i) the person does so for the purposes of a coronial inquiry, or
28
in accordance with an order of a coroner.
29
Note:
This subsection is an authorisation for the purposes of other laws,
30
including the Australian Privacy Principles.
31
Restrictions on collection, recording, disclosure or use of certain
32
protected information for the purposes of research
33
(3) However, the following information in relation to an individual
34
must not be disclosed to a person under subsection (2) for the
35
purposes of research:
36
Dealing with information in the National Registry
Part 3
Section 22
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
25
(a) information that identifies, or could be used to identify, the
1
most recent workplace, or the main workplace, where the
2
individual was exposed to a respiratory disease-causing
3
agent;
4
(b) information that identifies, or could be used to identify, the
5
prescribed medical practitioner who notified information in
6
relation to the individual under Part 2;
7
(c) any other kind of information that is prescribed by the rules.
8
Note:
For
research
, see section 8.
9
(4) Collection, recording, disclosure or use of personal information for
10
the purposes of research of a kind to which guidelines approved
11
under section 95 or 95A of the
Privacy Act 1988
relate is
12
authorised under paragraph (2)(a) or (g) of this section only if:
13
(a) the collection, recording, use or disclosure is in accordance
14
with the guidelines; and
15
(b) in the case of disclosure
--
the disclosure is not prohibited by
16
subsection (3) of this section.
17
22 Authorised dealings with information
--
Commonwealth
18
authorities and State or Territory authorities
19
Commonwealth authorities
20
(1) The Commonwealth Chief Medical Officer, or a contracted service
21
provider, may disclose any minimum notification information in
22
relation to an individual that is included in the National Registry
23
and is protected information:
24
(a) to a Commonwealth authority prescribed by the rules; and
25
(b) for purposes connected with the performance of functions, or
26
the exercise of powers, of the Commonwealth authority.
27
Note 1:
For
Commonwealth authority
, see section 8.
28
Note 2:
This subsection is an authorisation for the purposes of other laws,
29
including the Australian Privacy Principles.
30
(2) A Commonwealth authority to which protected information is
31
disclosed under subsection (1) may collect, make a record of,
32
disclose or otherwise use that information for any of the purposes
33
Part 3
Dealing with information in the National Registry
Section 23
26
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
for which the information was disclosed to the Commonwealth
1
authority.
2
Note:
This subsection is an authorisation for the purposes of other laws,
3
including the Australian Privacy Principles.
4
State or Territory authorities
5
(3) The Commonwealth Chief Medical Officer, or a contracted service
6
provider, may disclose to a relevant State or Territory authority, for
7
a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any
8
minimum notification information in relation to an individual that
9
is included in the National Registry and is protected information if
10
the individual:
11
(a) resides in the State or Territory; or
12
(b) was exposed to a respiratory disease-causing agent in the
13
State or Territory; or
14
(c) was diagnosed with an occupational respiratory disease in the
15
State or Territory.
16
Note 1:
For
relevant State or Territory authority
, see section 8.
17
Note 2:
This subsection is an authorisation for the purposes of other laws,
18
including the Australian Privacy Principles.
19
(4) A relevant State or Territory authority to which protected
20
information is disclosed under subsection (3) may collect, make a
21
record of, disclose or otherwise use that information for a purpose
22
referred to in paragraph 13(2)(a), (c), (d) or (f).
23
Note:
This subsection is an authorisation for the purposes of other laws,
24
including the Australian Privacy Principles.
25
23 Offence relating to protected information
26
A person commits an offence if:
27
(a) the person makes a record of, discloses or otherwise uses
28
information; and
29
(b) the information is protected information; and
30
(c) the making of the record, disclosure or use, is not authorised
31
by a provision of this Part.
32
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
33
Dealing with information in the National Registry
Part 3
Section 24
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
27
24 Exceptions relating to the person to whom the protected
1
information relates
2
(1) Section 23 does not apply to a person if:
3
(a) the person discloses protected information to the person to
4
whom the information relates; or
5
(b) the person is the person to whom the protected information
6
relates; or
7
(c) the making of the record, disclosure or use of the protected
8
information is in accordance with the express or implied
9
consent of the person to whom the information relates.
10
Note:
A defendant bears an evidential burden in relation to the matters in
11
this subsection (see subsection 13.3(3) of the
Criminal Code
).
12
(2) Subsection (1) applies as if a reference in that subsection to the
13
person to whom the protected information relates included a
14
reference to the person's personal representative.
15
Note:
For
personal representative
, see section 8.
16
25 Exception for disclosure to person who provided the information
17
Section 23 does not apply to a person if:
18
(a) the person obtains protected information from another
19
person; and
20
(b) the person discloses that information to the other person.
21
Note:
A defendant bears an evidential burden in relation to the matters in
22
this section (see subsection 13.3(3) of the
Criminal Code
).
23
26 Reports including statistical and other information relating to
24
information included in the National Registry
25
(1) The Commonwealth Chief Medical Officer must, as soon as
26
practicable after 30 June in each year, publish a report including
27
the following information:
28
(a) the number of notifications of each prescribed occupational
29
respiratory disease made under Division 3 of Part 2 during
30
the period of 12 months ending on that 30 June;
31
Part 3
Dealing with information in the National Registry
Section 26
28
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
(b) the number of notifications of each non-prescribed
1
occupational respiratory disease made under Division 3 of
2
Part 2 during the period of 12 months ending on that 30 June.
3
Note:
See subsection (6) in relation to the first report published under this
4
subsection.
5
(2) The Commonwealth Chief Medical Officer may at any time, for
6
the purposes of the National Registry:
7
(a) prepare statistical reports at a national level relating to
8
information that is:
9
(i) included in the National Registry; and
10
(ii) of a kind prescribed by the rules; and
11
(b) make the reports available to relevant State or Territory
12
authorities and prescribed medical practitioners.
13
(3) The Commonwealth Chief Medical Officer may at any time, for
14
the purposes of the National Registry, publish reports relating to
15
information that is:
16
(a) included in the National Registry; and
17
(b) of a kind prescribed by the rules.
18
The reports may include statistical and other information.
19
(4) If protected information is to be published or otherwise made
20
available under this section, the Commonwealth Chief Medical
21
Officer must, before publishing the information or making it
22
available, take such steps as are reasonable in the circumstances to
23
ensure that the information is de-identified.
24
(5) For the purposes of subsection (4), information is
de-identified
if
25
the information is no longer about:
26
(a) an identifiable individual or an individual who is reasonably
27
identifiable; or
28
(b) an identified workplace, employer or business or a
29
workplace, employer or business that is reasonably
30
identifiable.
31
(6) If this Act commences on a day other than 1 July in a year,
32
subsection (1) has effect in relation to the first report required to be
33
published under that subsection as if each reference to the period of
34
Dealing with information in the National Registry
Part 3
Section 26
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
29
12 months ending on that 30 June were a reference to the period
1
starting on the day this Act commences and ending on that 30 June.
2
Part 4
Other matters
Section 27
30
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
Part
4--Other matters
1
2
27 Simplified outline of this Part
3
This Part deals with other matters, such as civil penalties, approved
4
forms, agreements, fees, delegations and rules.
5
28 Civil penalty provisions
6
Enforceable civil penalty provisions
7
(1) Each civil penalty provision of this Act is enforceable under Part 4
8
of the Regulatory Powers Act.
9
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
10
be enforced by obtaining an order for a person to pay a pecuniary
11
penalty for the contravention of the provision.
12
Authorised applicant
13
(2) For the purposes of Part 4 of the Regulatory Powers Act, each of
14
the following persons is an authorised applicant in relation to the
15
civil penalty provisions of this Act:
16
(a) the Secretary;
17
(b) an SES employee, or an acting SES employee, in the
18
Department.
19
Relevant court
20
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
21
the following courts is a relevant court in relation to the civil
22
penalty provisions of this Act:
23
(a) the Federal Court of Australia;
24
(b) the Federal Circuit and Family Court of Australia
25
(Division 2);
26
(c) a court of a State or Territory that has jurisdiction in relation
27
to the matter.
28
Other matters
Part 4
Section 29
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
31
Liability of Crown
1
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation
2
to the civil penalty provisions of this Act, does not make the
3
Crown liable to a pecuniary penalty.
4
29 Approved forms
5
The Commonwealth Chief Medical Officer may, in writing,
6
approve a form for the purposes of a provision of this Act.
7
30 Agreements
8
The Commonwealth Chief Medical Officer may, on behalf of the
9
Commonwealth, engage a person under a written agreement to
10
perform services for, or on behalf of, the Commonwealth in
11
connection with functions of the Commonwealth or the
12
Commonwealth Chief Medical Officer under this Act.
13
31 Fees
14
(1) The Secretary may, on behalf of the Commonwealth, charge a fee
15
in relation to the disclosure of protected information to a person
16
(other than a Commonwealth authority) under section 21 or 22 if
17
the disclosure is made in response to a specific request by the
18
person.
19
(2) The amount of the fee that may be charged under subsection (1) is
20
the amount:
21
(a) determined by the Commonwealth Chief Medical Officer by
22
legislative instrument; or
23
(b) worked out in accordance with a method determined by the
24
Commonwealth Chief Medical Officer by legislative
25
instrument.
26
(3) A legislative instrument under paragraph (2)(a) or (b) may
27
determine different amounts, or different methods for working out
28
amounts (as the case may be), having regard to the form or manner
29
in which protected information is disclosed.
30
Part 4
Other matters
Section 32
32
National Occupational Respiratory Disease Registry Bill 2023
No. , 2023
(4) A fee that is due and payable to the Commonwealth under
1
subsection (1) may be recovered as a debt that is due to the
2
Commonwealth by action in:
3
(a) the Federal Court of Australia; or
4
(b) the Federal Circuit and Family Court of Australia
5
(Division 2); or
6
(c) a court of a State or Territory that has jurisdiction in relation
7
to the matter.
8
(5) A fee charged under subsection (1) must not be such as to amount
9
to taxation.
10
32 Delegation
11
Minister's functions and powers
12
(1) The Minister may, in writing, delegate
the Minister's
functions or
13
powers under section 9 (commercial-in-confidence information) to:
14
(a) the Commonwealth Chief Medical Officer; or
15
(b) an SES employee, or an acting SES employee, in the
16
Department.
17
Secretary's functions and powers
18
(2)
The Secretary may, in writing, delegate the Secretary's functions
19
or powers under subsection 31(1) (charging fees) to the
20
Commonwealth Chief Medical Officer.
21
Commonwealth Chief Medical Officer's functions and powers
22
(3) The Commonwealth Chief Medical Officer may, in writing,
23
delegate
the Commonwealth Chief Medical Officer's functions or
24
powers under this Act (other than subsection 12(4) or 31(2)) to an
25
SES employee, or an acting SES employee, in the Department.
26
Delegate must comply with directions of delegator
27
(4) In performing a function, or exercising a power, under a
28
delegation, the delegate must comply with any directions of the
29
person who delegated the function or power.
30
Other matters
Part 4
Section 33
No. , 2023
National Occupational Respiratory Disease Registry Bill 2023
33
33 Rules
1
(1) The Minister may, by legislative instrument, make rules
2
prescribing matters:
3
(a) required or permitted by this Act to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2) Before making rules for the purposes of the definition of
8
prescribed occupational respiratory disease
in section 8, the
9
Minister must:
10
(a) consult the Commonwealth Chief Medical Officer; and
11
(b) consult the relevant State or Territory authorities of each
12
State or Territory through the State or Territory Health
13
Minister; and
14
(c) have regard to the submissions (if any) made by the
15
Commonwealth Chief Medical Officer or a State or Territory
16
Health Minister because of that consultation.
17
Note:
For
relevant State or Territory authority
, see section 8.
18
(3) To avoid doubt, the rules may not do the following:
19
(a) create an offence or civil penalty;
20
(b) provide powers of:
21
(i) arrest or detention; or
22
(ii) entry, search or seizure;
23
(c) impose a tax;
24
(d) set an amount to be appropriated from the Consolidated
25
Revenue Fund under an appropriation in this Act;
26
(e) directly amend the text of this Act.
27