Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 32

32. After section 6 of the Principal Act the following sections are inserted:
State and Territory functions and powers of Secretary

"6A.(1) If a corresponding State law confers a function or power on the
Secretary, the Secretary may, with the written approval of the Minister,
perform the function or exercise the power, as the case may be.

"(2) While an approval is in force for the purpose of subsection (1):

   (a)  subsection 39(6) of the Public Service Act 1922 has effect as if a
        function or power to which the approval relates were a function or
        power of the Secretary under this Act; and

   (b)  section 57 of this Act has effect as if such a function or power were
        a function or power under this Act. "(3) If:

   (a)  a corresponding State law is expressed to confer on the Secretary:

        (i)    the function of including goods in the Register; or

        (ii)   the power to include goods in the Register; and

   (b)  an approval under subsection (1) is in force in relation to the
        function or power; the Secretary may include the goods in the Register
        in accordance with the State law.

"(4) If a corresponding State law is expressed to authorise or require the
Secretary to cancel the inclusion of goods in the Register, the Secretary may
cancel the inclusion of the goods in the Register in accordance with the State
law.

"(5) The inclusion of goods in the Register under subsection (3) does not
subject any person to any liability whatever under this Act, except a
liability under Part 5.

"(6) The Secretary may make any notations in the Register that he or she
thinks necessary to identify entries that relate to goods included in the
Register under subsection (3).

"(7) Goods may be included in the Register under subsection (3) even though
the same goods have already been included in the Register under another
provision of this Act.

"(8) A reference in this section to the inclusion of goods in the Register is
a reference to the inclusion of the goods:

   (a)  in the part of the Register for goods known as registered goods; or

   (b)  in the part of the Register for goods known as listed goods. Review of
        certain decisions under State laws

"6B.(1) Application may be made to the Administrative Appeals Tribunal for
review of a reviewable State decision.

"(2) A decision made by the Secretary in the performance of a function, or the
exercise of a power, conferred by a corresponding State law is a reviewable
State decision for the purposes of this section if:

   (a)  the law under which the decision was made provides for review by the
        Administrative Appeals Tribunal; and

   (b)  the decision is declared by the regulations to be a reviewable
        decision for the purposes of this section.

"(3) For the purposes of subsection (1), the Administrative Appeals Tribunal 
Act 1975 has effect as if a corresponding State law were an enactment. Fees
payable to Commonwealth under State laws

"6C.(1) This section applies to fees payable to the Commonwealth under a State
law in respect of the performance or exercise of functions or powers conferred
by that law on the Secretary.

"(2) The Secretary may make arrangements with the appropriate authority of a
State, of the Australian Capital Territory or of the Northern Territory in
relation to the payment to the Commonwealth of fees to which this section
applies.".