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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Immunisation Register
Amendment (Reporting) Bill 2020
No. , 2020
(Health)
A Bill for an Act to amend the
Australian
Immunisation Register Act 2015
, and for related
purposes
No. , 2020
Australian Immunisation Register Amendment (Reporting) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Australian Immunisation Register Act 2015
3
Part 2--Contingent amendments
9
Australian Immunisation Register Act 2015
9
No. , 2020
Australian Immunisation Register Amendment (Reporting) Bill 2020
1
A Bill for an Act to amend the
Australian
1
Immunisation Register Act 2015
, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Australian Immunisation Register Amendment
6
(Reporting)
Act 2020
.
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
2
Australian Immunisation Register Amendment (Reporting) Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
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,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Federal Circuit and Family Court of
Australia Act 2020
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
Main amendments
Part 1
No. , 2020
Australian Immunisation Register Amendment (Reporting) Bill 2020
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Australian Immunisation Register Act 2015
3
1 Section 4
4
Insert:
5
civil penalty provision
has the same meaning as in the Regulatory
6
Powers Act.
7
provider identification information
has the meaning given by
8
section 5A.
9
Regulatory Powers Act
means the
Regulatory Powers (Standard
10
Provisions) Act 2014
.
11
Secretary
means the Secretary of the Department.
12
2 After section 5
13
Insert:
14
5A Meaning of
provider identification information
15
If a recognised vaccination provider administers a vaccine, or is
16
given information about a relevant vaccination, at a place where
17
the provider practices the provider's profession, then each of the
18
following is
provider identification information
for the provider:
19
(a) the provider's name and contact details;
20
(b) if a number known as a provider number has been allocated
21
by the Chief Executive Medicare to the provider in respect of
22
that place--that number;
23
(c) if a number known as the AIR provider number has been
24
allocated to the provider for the purposes of this Act--that
25
number.
26
3 Section 6
27
After "liable to", insert "a pecuniary penalty or to".
28
Schedule 1
Amendments
Part 1
Main amendments
4
Australian Immunisation Register Amendment (Reporting) Bill 2020
No. , 2020
4 Section 7
1
After:
2
The purposes of the register relate to supporting Australian
3
vaccination programs, and vaccination matters more broadly.
4
insert:
5
Recognised vaccination providers are required to report certain
6
information in relation to certain relevant vaccinations that have
7
been administered. This information will be included in the
8
register.
9
A recognised vaccination provider may be required to give
10
information, or be given a formal warning, if the provider is not
11
complying, or has not complied, with the requirement to report.
12
5 Subparagraphs 9(b)(iii) and (iv)
13
Omit "the name and contact details of", substitute "provider
14
identification information for".
15
6 At the end of paragraph 9(d)
16
Add:
17
and (iv) if a number known as a provider number has been
18
allocated by the Chief Executive Medicare to that
19
general practitioner, paediatrician, public health
20
physician, infectious diseases physician or clinical
21
immunologist in respect of the place at which the
22
assessment was conducted--that number;
23
7 After Division 2 of Part 2
24
Insert:
25
Amendments
Schedule 1
Main amendments
Part 1
No. , 2020
Australian Immunisation Register Amendment (Reporting) Bill 2020
5
Division 2A--Reporting obligation etc.
1
10A Requirement to report information relating to certain relevant
2
vaccinations
3
Relevant vaccination administered in Australia
4
(1) If:
5
(a) a recognised vaccination provider administers a relevant
6
vaccination in Australia; and
7
(b) the relevant vaccination:
8
(i) is of a kind prescribed by the rules; and
9
(ii) is administered in the circumstances prescribed by the
10
rules;
11
the provider must report, within the period prescribed by the rules
12
and in the manner prescribed by the rules, the information
13
prescribed by the rules for that vaccination for inclusion in the AI
14
Register.
15
(2) Subsection (1) does not apply if the recognised vaccination
16
provider reasonably believes that complying with that subsection is
17
likely to pose a risk to the health or safety of an individual.
18
Note:
A defendant bears an evidential burden in relation to the matter in this
19
subsection (see section 96 of the Regulatory Powers Act).
20
Relevant vaccination administered outside Australia
21
(3) If:
22
(a) a recognised vaccination provider is given information about
23
a relevant vaccination that was administered outside
24
Australia; and
25
(b) the relevant vaccination:
26
(i) is of a kind prescribed by the rules; and
27
(ii) was administered in the circumstances prescribed by the
28
rules;
29
the provider must report, within the period prescribed by the rules
30
and in the manner prescribed by the rules, the information
31
prescribed by the rules for that vaccination for inclusion in the AI
32
Register.
33
Schedule 1
Amendments
Part 1
Main amendments
6
Australian Immunisation Register Amendment (Reporting) Bill 2020
No. , 2020
(4) Subsection (3) does not apply if the recognised vaccination
1
provider reasonably believes that complying with that subsection is
2
likely to pose a risk to the health or safety of an individual.
3
Note:
A defendant bears an evidential burden in relation to the matter in this
4
subsection (see section 96 of the Regulatory Powers Act).
5
Civil penalty provision etc.
6
(5) A person is liable to a civil penalty if the person contravenes
7
subsection (1) or (3).
8
Civil penalty:
30 penalty units.
9
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in
10
relation to a contravention of subsection (5) of this section.
11
10B Secretary may require recognised vaccination provider to give
12
information
13
(1) If the Secretary reasonably believes that a recognised vaccination
14
provider is not complying with subsection 10A(1) or (3), the
15
Secretary may, by written notice, require the provider to give,
16
within the period specified in the notice and in the manner
17
specified in the notice, information relating to that non-compliance.
18
(2) The period specified in the notice must not be shorter than 14 days
19
after the notice is given.
20
(3) A person is liable to a civil penalty if the person fails to comply
21
with a notice given to the person under subsection (1).
22
Civil penalty:
30 penalty units.
23
10C Secretary may give formal warning to recognised vaccination
24
provider
25
If the Secretary reasonably believes that a recognised vaccination
26
provider may have contravened subsection 10A(1) or (3), the
27
Secretary may, by written notice given to the provider:
28
(a) inform the provider of that matter; and
29
(b) warn the provider that the provider may be liable to a civil
30
penalty under subsection 10A(5).
31
Amendments
Schedule 1
Main amendments
Part 1
No. , 2020
Australian Immunisation Register Amendment (Reporting) Bill 2020
7
8 Paragraph 12(1)(a)
1
Omit "providing", substitute "reporting".
2
9 Subparagraph 12(1)(b)(iii)
3
Omit "providing", substitute "reporting".
4
10 Section 28
5
After "such as", insert "civil penalties,".
6
11 After section 28
7
Insert:
8
28A Civil penalty provisions
9
Enforceable civil penalty provisions
10
(1) Each civil penalty provision of this Act is enforceable under Part 4
11
of the Regulatory Powers Act.
12
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
13
be enforced by obtaining an order for a person to pay a pecuniary
14
penalty for the contravention of the provision.
15
Authorised applicant
16
(2) For the purposes of Part 4 of the Regulatory Powers Act, each of
17
the following persons is an authorised applicant in relation to the
18
civil penalty provisions of this Act:
19
(a) the Secretary;
20
(b) an SES employee, or an acting SES employee, in the
21
Department.
22
Relevant court
23
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
24
the following courts is a relevant court in relation to the civil
25
penalty provisions of this Act:
26
(a) the Federal Court of Australia;
27
(b) the Federal Circuit Court of Australia;
28
(c) a court of a State or Territory that has jurisdiction in relation
29
to the matter.
30
Schedule 1
Amendments
Part 1
Main amendments
8
Australian Immunisation Register Amendment (Reporting) Bill 2020
No. , 2020
12 Before subsection 30(1)
1
Insert:
2
Delegation by the Minister
3
13 At the end of section 30
4
Add:
5
Delegation by the Secretary
6
(4) The Secretary may, in writing, delegate the Secretary's functions
7
or powers under section 10B or 10C of this Act to an SES
8
employee, or an acting SES employee, in the Department.
9
(5) In performing a function, or exercising a power, under a
10
delegation, the delegate must comply with any directions of the
11
Secretary.
12
Amendments
Schedule 1
Contingent amendments
Part 2
No. , 2020
Australian Immunisation Register Amendment (Reporting) Bill 2020
9
Part 2--Contingent amendments
1
Australian Immunisation Register Act 2015
2
14 Paragraph 28A(3)(b)
3
Repeal the paragraph, substitute:
4
(b) the Federal Circuit and Family Court of Australia
5
(Division 2);
6