Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL REGULATIONS (AMENDMENT) 1993 NO. 239

STATUTORY RULES 1993 No. 239

Issued by authority of the Minister for Health

National Health and Medical Research Council Act 1992

National Health and Medical Research Council Regulations (Amendment)

The National Health and Medical Research Council (the Council) is a body corporate established under the National Health and Medical Research Council Act 1992 (the Act) for The purpose of advising the Commonwealth, the States and Territories and the Australian community in relation to specified health and medical matters.

Section 85 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The regulations amend the National Health and Medical Research Council Regulations (the Regulations). Their principal purpose is to prescribe bodies from which the Minister must seek nominations before appointing persons to Council and to the Australian Health Ethics Committee, a Principal Committee of the Council. They also make minor consequential amendments and drafting improvements to the Regulations.

Regulation 1 provides that the Regulations are amended as set out in the proposed regulations.

Regulation 2 amends a reference in regulation 2 of the Regulations to "the Schedule" to reflect the addition of new Schedules 2 and 3 by these amending regulations.

Regulation 3 substitutes references to "is to" in regulation 3 of the Regulations with "must" to better reflect the requirement in the Act that relevant notices "must" be in the manner and form specified in the Regulations.

Regulation 4 inserts new regulation 4 by which the bodies specified in each item of column 3 of new Schedule 2 are prescribed as bodies for the purposes of subsection 21(3) of the Act. The bodies in each item are prescribed in respect of a category of body, specified in column 2, referred to in one of paragraphs 21(3)(a) to (k) of the Act. Each of these categories relates to a particular kind of member of the Council having a certain background or experience as referred to in paragraphs 20(g) to (q) of the Act. Subsection 21(3) requires the Minister before appointing such a member of the Council to seek nominations from prescribed bodies of the specified category appropriate to that kind of member.

By way of illustration of the above, before appointing a person with expertise in health care training, referred to in paragraph 20(g) of the Act, the Minister is required by paragraph 21(3)(a) to seek nominations from such peak tertiary education bodies as are prescribed. Item 1 of new Schedule 2 specifies in column 3 the Australian Vice-Chancellors, Committee for that purpose.

Regulation 4 also inserts new regulation 5 by which the bodies specified in each item of column 3 of new Schedule 3 are prescribed as bodies for the purposes of subsection 36(6) of the Act. The bodies in each item are prescribed in respect of a category of body referred to in one of paragraphs 36(6)(a) to (i) of the Act. Each of these categories relates to a kind of member of the Australian Health Ethics Committee having a certain experience or expertise as referred to in paragraphs 36(1)(c) to (m) of the Act. Subsection 36(6) requires the Minister before appointing such a member of the Australian Health Ethics Committee to seek nominations from prescribed bodies of the category specified in respect of that kind of member.

By way of illustration of the above, before appointing a member to the Australian Health Ethics Committee with expertise in law, referred to in paragraph 36(1)(c) of the Act, the Minister is required by paragraph 36(6)(a) to seek nominations from such bodies representing the legal profession as are prescribed. Item 1 of new Schedule 3 specifies in column 3 the Law Council of Australia for that purpose.

Regulation 5 substitutes new headings in the present Schedule in consequence of its becoming "Schedule 1" with the addition of new Schedules 2 and 3.

Regulation 6 adds new Schedules 2 and 3, which are explained above in relation to regulation 4, to the Regulations.

The regulations commence on the date of their gazettal.