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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Cancer Screening Register Bill
2016
No. , 2016
(Health)
A Bill for an Act to establish and provide for a
cancer screening register, and for related purposes
No. , 2016
National Cancer Screening Register Bill 2016
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 3
5
Meaning of commercial-in-confidence .............................................. 6
6
Act binds the Crown .......................................................................... 7
7
Act extends to external Territories..................................................... 7
Part 2--Register
8
Division 1--Simplified outline of this Part
8
8
Simplified outline of this Part ............................................................ 8
Division 2--Establishment, contents and purposes
9
9
Establishment of the register ............................................................. 9
10
Coverage of the register ..................................................................... 9
11
Contents of the register ...................................................................... 9
12
Purposes of the register.................................................................... 10
Division 3--Notification to the register
12
13
Requirement to notify ...................................................................... 12
Division 4--Requests about the register
13
14
Requests about participation in the register ..................................... 13
Division 5--Alternative constitutional bases
14
15
Alternative constitutional bases ....................................................... 14
Part 3--Dealing with information in the register
16
16
Simplified outline of this Part .......................................................... 16
17
Authorised dealings with information ............................................. 16
18
Offence relating to protected information ........................................ 18
19
Exception for use in good faith ........................................................ 19
20
Exception if unaware information is
commercial-in-confidence ............................................................... 19
21
Exceptions relating to the person to whom the protected
information relates ........................................................................... 19
22
Exception for disclosure to person who provided the
information ...................................................................................... 20
Part 4--Other matters
21
23
Simplified outline of this Part .......................................................... 21
ii
National Cancer Screening Register Bill 2016
No. , 2016
24
Civil penalty provisions ................................................................... 21
25
Approved forms ............................................................................... 22
26
Agreements ...................................................................................... 22
27
Delegation ....................................................................................... 22
28
Rules ................................................................................................ 23
No. , 2016
National Cancer Screening Register Bill 2016
1
A Bill for an Act to establish and provide for a
1
cancer screening register, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the National Cancer Screening Register
7
Act 2016.
8
Part 1 Preliminary
Section 2
2
National Cancer Screening Register Bill 2016
No. , 2016
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. Sections 1 to
12 and anything
in this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Section 13
1 May 2017.
1 May 2017
3. Sections 14 to
28
At the same time as the provisions covered
by table item 1.
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 Simplified outline of this Act
13
This Act establishes a register of information about screening
14
associated with certain types of cancer.
15
The purposes of the register relate to:
16
(a)
supporting cancer screening programs; and
17
(b)
providing access to information about cancer screening
18
and diagnoses; and
19
(c)
cancer screening matters more broadly.
20
Preliminary Part 1
Section 4
No. , 2016
National Cancer Screening Register Bill 2016
3
There are protections for sensitive information.
1
4 Definitions
2
In this Act:
3
approved form means a form approved under subsection 25(1).
4
civil penalty provision has the same meaning as in the Regulatory
5
Powers Act.
6
claims information means information about:
7
(a) claims for medicare benefit under Part II of the Health
8
Insurance Act 1973; or
9
(b) treatment, other than information that relates to compensation
10
or benefits, provided under any of the following Acts:
11
(i) the Australian Participants in British Nuclear Tests
12
(Treatment) Act 2006;
13
(ii) the Military Rehabilitation and Compensation Act 2004;
14
(iii) the Safety, Rehabilitation and Compensation Act 1988;
15
(iv) the Veterans' Entitlements Act 1986.
16
commercial-in-confidence has the meaning given by section 5.
17
designated cancer means one of the following types of cancer:
18
(a) bowel cancer;
19
(b) cervical cancer.
20
entity means:
21
(a) a person; or
22
(b) a partnership; or
23
(c) any other unincorporated association or body; or
24
(d) a trust; or
25
(e) a part of another entity (under a previous application of this
26
definition).
27
healthcare means health service within the meaning of
28
subsection 6(1) of the Privacy Act 1988.
29
Part 1 Preliminary
Section 4
4
National Cancer Screening Register Bill 2016
No. , 2016
healthcare provider means:
1
(a) an individual healthcare provider; or
2
(b) a healthcare provider organisation.
3
healthcare provider organisation means an entity that has
4
conducted, conducts, or will conduct, an enterprise that provides
5
healthcare (including healthcare provided free of charge).
6
Note:
Because of paragraph (e) of the definition of entity, a healthcare
7
provider organisation could be part of an entity.
8
individual healthcare provider means an individual who:
9
(a) has provided, provides, or is to provide, healthcare; or
10
(b) is registered by a registration authority as a member of a
11
particular health profession.
12
key information for an individual means the following:
13
(a) the individual's name, address, contact details, date of birth
14
and gender;
15
(b) the individual's healthcare identifier (within the meaning of
16
the Healthcare Identifiers Act 2010) if any;
17
(c) the individual's medicare number (within the meaning of
18
Part VII of the National Health Act 1953) if any;
19
(d) the number allocated to the individual by the Veterans'
20
Affairs Department if any;
21
(e) if applicable, the individual's date of death;
22
(f) if the register includes information relating to the individual
23
in connection with screening associated with cervical cancer:
24
(i) the individual's sex; and
25
(ii) the individual's Human Papillomavirus vaccination
26
status and number of doses of the vaccine administered
27
to the individual;
28
(g) the individual's Indigenous status;
29
(h) the individual's country of origin or cultural identity;
30
(i) the individual's preferred language and whether an
31
interpreter is required to facilitate communication with the
32
individual;
33
Preliminary Part 1
Section 4
No. , 2016
National Cancer Screening Register Bill 2016
5
(j) the name and contact details of a legal personal
1
representative of the individual if the individual is incapable
2
of managing his or her health affairs;
3
(k) if applicable, information on assistance required by the
4
individual for the purposes of this Act because of a medical
5
condition or disability;
6
(l) any other information of a kind relevant to the purposes of
7
the register and prescribed by the rules for the purposes of
8
this definition.
9
legal personal representative, of an individual, means:
10
(a) a parent or guardian of the individual, if the individual is
11
under the age of 18 years; or
12
(b) a trustee of an estate of the individual, if the individual is
13
under a legal disability; or
14
(c) a person who holds an enduring power of attorney granted by
15
the individual.
16
nominated healthcare provider of an individual, for screening
17
associated with a designated cancer, means the healthcare provider
18
the individual requested be recorded for screening associated with
19
the designated cancer in a request in effect under section 14.
20
parent: without limiting who is a parent of anyone for the purposes
21
of this Act, a person is the parent of another person if the other
22
person is a child of the person within the meaning of the Family
23
Law Act 1975.
24
participating State or Territory means a State or Territory that has
25
agreed with the Commonwealth to participate in the register.
26
personal information has the same meaning as in the Privacy Act
27
1988.
28
prescribed body means a person prescribed by the rules for the
29
purposes of this definition.
30
protected information means personal information or information
31
that is commercial-in-confidence, to the extent that the information
32
is:
33
Part 1 Preliminary
Section 5
6
National Cancer Screening Register Bill 2016
No. , 2016
(a) included in the register or otherwise obtained under, or in
1
accordance with, this Act; or
2
(b) derived from a record of information that was included in the
3
register or was otherwise obtained under, or in accordance
4
with, this Act; or
5
(c) derived from a disclosure or use of information that was
6
included in the register or was otherwise obtained under, or
7
in accordance with, this Act.
8
purposes of the register means the purposes set out in section 12.
9
register means the National Cancer Screening Register established
10
under section 9.
11
registration authority means an entity that is responsible under a
12
law for registering members of a particular health profession.
13
Regulatory Powers Act means the Regulatory Powers (Standard
14
Provisions) Act 2014.
15
rules means the rules made under section 28.
16
screening means a process in which an individual undergoes
17
testing or procedures in order to determine whether the individual
18
has:
19
(a) a designated cancer or a precursor to a designated cancer; or
20
(b) any indicator, including genetic markers or cell
21
abnormalities, that may lead to a designated cancer.
22
screening test means a test or procedure as part of screening.
23
State or Territory authority has the same meaning as in the
24
Privacy Act 1988.
25
Veterans' Affairs Department means the Department administered
26
by the Minister administering the Veterans' Entitlements Act 1986.
27
5 Meaning of commercial-in-confidence
28
Information is commercial-in-confidence if a person demonstrates
29
to the Minister that:
30
Preliminary Part 1
Section 6
No. , 2016
National Cancer Screening Register Bill 2016
7
(a) release of the information would cause competitive detriment
1
to the person; and
2
(b) the information is not in the public domain; and
3
(c) the information is not required to be disclosed under a law of
4
the Commonwealth, or of a State or Territory; and
5
(d) the information is not readily discoverable.
6
6 Act binds the Crown
7
This Act binds the Crown in each of its capacities. However, it
8
does not make the Crown liable to be prosecuted for an offence.
9
Note:
See subsection 24(5) in relation to civil penalties.
10
7 Act extends to external Territories
11
This Act extends to every external Territory.
12
Part 2 Register
Division 1 Simplified outline of this Part
Section 8
8
National Cancer Screening Register Bill 2016
No. , 2016
Part 2--Register
1
Division 1--Simplified outline of this Part
2
8 Simplified outline of this Part
3
The National Cancer Screening Register is established to keep
4
information about cancer screening and diagnoses associated with
5
particular types of cancer.
6
The purposes of the register relate to:
7
(a)
supporting cancer screening programs; and
8
(b)
providing access to information about cancer screening
9
and diagnoses; and
10
(c)
cancer screening matters more broadly.
11
Certain healthcare providers are required to notify the
12
Commonwealth Chief Medical Officer about certain types of
13
screening test or diagnosis. In most circumstances, this information
14
will be included on the register.
15
Individuals can make a number of requests in relation to the
16
register. For example, an individual can opt out of receiving
17
information from the register. An individual can also request that
18
information notified by healthcare providers relating to the
19
individual not be included in the register.
20
Register Part 2
Establishment, contents and purposes Division 2
Section 9
No. , 2016
National Cancer Screening Register Bill 2016
9
Division 2--Establishment, contents and purposes
1
9 Establishment of the register
2
(1) The Commonwealth must establish and keep a register to be called
3
the National Cancer Screening Register.
4
(2) Parts of the register may be kept separate from each other, and be
5
called different names.
6
(3) The register is not a legislative instrument.
7
10 Coverage of the register
8
(1) The register may include information relating to individuals in
9
connection with screening associated with bowel cancer.
10
(2) The register may include information relating to individuals in
11
connection with screening associated with cervical cancer.
12
11 Contents of the register
13
The register may include the following for each individual:
14
(a) the individual's key information;
15
(b) details of the individual's nominated healthcare provider for
16
screening associated with a designated cancer, if any,
17
including the healthcare provider's healthcare identifier
18
(within the meaning of the Healthcare Identifiers Act 2010);
19
(c) information about screening tests undergone or to be
20
undergone by the individual;
21
(d) if the individual is diagnosed with a designated cancer or a
22
precursor to a designated cancer, that diagnosis;
23
(e) claims information which may indicate whether or not the
24
individual has undergone or should undergo screening;
25
(f) details of any request or withdrawal made by the individual
26
under section 14;
27
(g) any other information relevant to the purposes of the register
28
and prescribed by the rules.
29
Part 2 Register
Division 2 Establishment, contents and purposes
Section 12
10
National Cancer Screening Register Bill 2016
No. , 2016
12 Purposes of the register
1
(1) The purposes of the register are to facilitate the following:
2
(a) establishing and keeping an electronic database of records
3
relating to screening and diagnoses associated with the
4
designated cancers;
5
(b) collecting, analysing and publishing statistics and other
6
information relating to screening and diagnoses associated
7
with the designated cancers;
8
(c) monitoring the effectiveness, quality and safety of screening
9
and diagnoses associated with the designated cancers;
10
(d) providing an individual with an invitation to undergo
11
screening;
12
(e) providing an individual with a test kit for screening;
13
(f) advising an individual when the individual is due to undergo
14
a screening test or when action may need to be taken after a
15
screening test;
16
(g) advising an individual's nominated healthcare provider for
17
screening associated with a designated cancer (if any) when
18
the individual is due to undergo, or when action may need to
19
be taken after, a screening test associated with the designated
20
cancer;
21
(h) advising a participating State or Territory when action may
22
need to be taken after a screening test for an individual;
23
(i) providing an individual access to information relating to the
24
individual about screening and diagnoses associated with a
25
designated cancer;
26
(j) providing healthcare providers access to information about
27
screening and diagnoses associated with a designated cancer
28
in relation to an individual, for the purposes of providing
29
healthcare to the individual in relation to the designated
30
cancer;
31
(k) providing participating States and Territories with access to
32
information relating to individuals about screening and
33
diagnoses associated with the designated cancers;
34
(l) planning, delivering and promoting healthcare and services
35
for individuals in relation to the designated cancers;
36
Register Part 2
Establishment, contents and purposes Division 2
Section 12
No. , 2016
National Cancer Screening Register Bill 2016
11
(m) reporting to international organisations in relation to the
1
designated cancers;
2
(n) research relating to healthcare, screening or a designated
3
cancer;
4
(o) anything incidental to any of the above paragraphs.
5
(2) For an individual who is incapable of managing his or her health
6
affairs:
7
(a) paragraphs (1)(d) and (e) also apply to providing a legal
8
personal representative of the individual with an invitation or
9
test kit for the individual; and
10
(b) paragraph (1)(f) also applies to advising a legal personal
11
representative of the individual; and
12
(c) paragraph (1)(i) also applies to providing a legal personal
13
representative of the individual access to information relating
14
to the individual.
15
Part 2 Register
Division 3 Notification to the register
Section 13
12
National Cancer Screening Register Bill 2016
No. , 2016
Division 3--Notification to the register
1
13 Requirement to notify
2
(1) The individual healthcare provider prescribed by the rules for a
3
type of screening test or diagnosis prescribed by the rules must
4
notify the Commonwealth Chief Medical Officer in the approved
5
form, by the time prescribed by the rules, of the information
6
prescribed by the rules for the type of screening test or diagnosis.
7
(2) A person is liable to a civil penalty if the person contravenes
8
subsection (1).
9
Civil penalty:
30 penalty units.
10
Register Part 2
Requests about the register Division 4
Section 14
No. , 2016
National Cancer Screening Register Bill 2016
13
Division 4--Requests about the register
1
14 Requests about participation in the register
2
(1) An individual may, in the approved form, make any of the
3
following requests:
4
(a) that a particular healthcare provider be recorded as the
5
individual's nominated healthcare provider for screening
6
associated with a designated cancer;
7
(b) that the individual not be given, at all or for a period of time,
8
by (or on behalf of) the Commonwealth:
9
(i) any invitation of a kind referred to in paragraph 12(1)(d)
10
or test kit referred to in paragraph 12(1)(e) in relation to
11
screening associated with a designated cancer; or
12
(ii) any advice of a kind referred to in paragraph 12(1)(f) in
13
relation to screening associated with a designated
14
cancer;
15
(c) that information relating to the individual that is:
16
(i) about a designated cancer; and
17
(ii) notified under section 13 after the date of the request;
18
not be included in the register;
19
(d) that a date by which the register indicates the individual is
20
due to undergo a screening test associated with cervical
21
cancer be changed;
22
(e) that the register use a pseudonym for the individual.
23
(2) An individual may, in the approved form, withdraw any request
24
made under subsection (1).
25
(3) The Commonwealth must give effect to a request or withdrawal
26
under this section as soon as practicable.
27
(4) If an individual is incapable of managing his or her health affairs, a
28
legal personal representative of the individual may make or
29
withdraw a request under this section on behalf of the individual.
30
Part 2 Register
Division 5 Alternative constitutional bases
Section 15
14
National Cancer Screening Register Bill 2016
No. , 2016
Division 5--Alternative constitutional bases
1
15 Alternative constitutional bases
2
(1) Without limiting its effect apart from this subsection, this Act also
3
has the effect it would have if its operation were expressly
4
confined to matters relating to:
5
(a) the provision of pharmaceutical and sickness benefits; or
6
(b) the provision of medical services (without any form of civil
7
conscription); or
8
(c) census and statistics; or
9
(d) postal, telegraphic, telephonic and other like services; or
10
(e) external affairs, including:
11
(i) giving effect to the International Covenant on
12
Economic, Social and Cultural Rights done at New
13
York on 16 December 1966, in particular Article 12, or
14
to another international agreement to which Australia is
15
a party; or
16
(ii) addressing matters of international concern; or
17
(f) a Territory or a Commonwealth place (within the meaning of
18
the Commonwealth Places (Application of Laws) Act 1970);
19
or
20
(g) the implied power of the Parliament to make laws with
21
respect to nationhood; or
22
(h) the executive power of the Commonwealth; or
23
(i) matters incidental to the execution of any of the legislative
24
powers of the Parliament or the executive power of the
25
Commonwealth.
26
Note:
The International Covenant on Economic, Social and Cultural Rights
27
is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in
28
2016 be viewed in the Australian Treaties Library on the AustLII
29
website (http://www.austlii.edu.au).
30
(2) Without limiting its effect apart from this subsection, this Act also
31
has the effect it would have if its operation were expressly
32
confined to acts or omissions of corporations to which
33
paragraph 51(xx) of the Constitution applies.
34
Register Part 2
Alternative constitutional bases Division 5
Section 15
No. , 2016
National Cancer Screening Register Bill 2016
15
(3) A term used in this section and the Constitution has the same
1
meaning in this section as it has in the Constitution.
2
Part 3 Dealing with information in the register
Section 16
16
National Cancer Screening Register Bill 2016
No. , 2016
Part 3--Dealing with information in the register
1
2
16 Simplified outline of this Part
3
Information can be collected for inclusion in the register.
4
Personal information included in the register, or derived from
5
information included in the register, is "protected information".
6
Section 18 makes it an offence for a person to record, disclose or
7
use protected information without authorisation.
8
Recording, disclosure and use of protected information is
9
authorised in specific circumstances, including for the purposes of
10
the register and by healthcare providers and States and Territories.
11
There are also a number of exceptions to the offence.
12
17 Authorised dealings with information
13
Uploading personal information etc. to the register
14
(1) A person may collect, make a record of, disclose or otherwise use:
15
(a) personal information; or
16
(b) key information for an individual; or
17
(c) information that is commercial-in-confidence;
18
if the person does so for the purposes of including information in
19
the register.
20
Note:
This subsection is an authorisation for the purposes of other laws,
21
including the Australian Privacy Principles.
22
(2) Subsection (1) does not apply to information notified under
23
section 13 to the extent that collection, recording, disclosure or use
24
under the subsection would be contrary to a request in effect under
25
section 14.
26
Dealing with information in the register Part 3
Section 17
No. , 2016
National Cancer Screening Register Bill 2016
17
Using or disclosing protected information in the register
1
(3) A person may collect, make a record of, disclose or otherwise use
2
protected information if:
3
(a) the person does so for the purposes of the register and is:
4
(i) an officer or employee of the Commonwealth or of an
5
authority of the Commonwealth; or
6
(ii) engaged by the Commonwealth, or by an authority of
7
the Commonwealth, to perform work relating to the
8
purposes of the register; or
9
(iii) an officer or employee of a person referred to in
10
subparagraph (ii), or engaged by a person referred to in
11
subparagraph (ii) to perform work relating to the
12
purposes of the register; or
13
(iv) a prescribed body; or
14
(b) all of the following apply:
15
(i) the person is a healthcare provider;
16
(ii) the information is about screening or diagnosis
17
associated with a designated cancer in relation to an
18
individual;
19
(iii) the collection, recording, disclosure or use is for the
20
purposes of providing healthcare to the individual in
21
relation to the designated cancer; or
22
(c) the collection, recording, disclosure or use is in accordance
23
with the law of a participating State or Territory, and the
24
person is:
25
(i) a State or Territory authority of the participating State
26
or Territory; or
27
(ii) an officer or employee of the participating State or
28
Territory, or of a State or Territory authority of the
29
participating State or Territory; or
30
(iii) engaged by the participating State or Territory, or by a
31
State or Territory authority of the participating State or
32
Territory, to perform work relating to the information;
33
or
34
(iv) an officer or employee of a person referred to in
35
subparagraph (iii), or engaged by a person referred to in
36
Part 3 Dealing with information in the register
Section 18
18
National Cancer Screening Register Bill 2016
No. , 2016
subparagraph (iii) to perform work relating to the
1
information; or
2
(d) the person is authorised to do so under subsection (4) or (5);
3
or
4
(e) the person does so for the purposes of performing the
5
person's functions, or exercising the person's powers, under
6
this Act; or
7
(f) the person is required or authorised to do so by or under a
8
law of the Commonwealth or of a State or Territory; or
9
(g) the information is disclosed to the person under this section
10
and the collection, recording, disclosure or use is for the
11
purposes for which the information was disclosed to the
12
person; or
13
(h) the person does so for the purposes of court or tribunal
14
proceedings, or in accordance with an order of a court or
15
tribunal; or
16
(i) the person does so for the purposes of a coronial inquiry, or
17
in accordance with an order of a coroner.
18
Note:
This subsection is an authorisation for the purposes of other laws,
19
including the Australian Privacy Principles.
20
(4) The Minister may, in writing, authorise a person to collect, make a
21
record of, disclose or otherwise use protected information for the
22
purposes of specified research.
23
(5) The Minister may, in writing, authorise a person to collect, make a
24
record of, disclose or otherwise use protected information for a
25
specified purpose that the Minister is satisfied is in the public
26
interest.
27
(6) Subsection (3) does not apply to protected information to the extent
28
that collection, recording, disclosure or use under the subsection
29
would be contrary to a request in effect under section 14.
30
18 Offence relating to protected information
31
A person commits an offence if:
32
(a) the person makes a record of, discloses or otherwise uses
33
information; and
34
Dealing with information in the register Part 3
Section 19
No. , 2016
National Cancer Screening Register Bill 2016
19
(b) the information is protected information; and
1
(c) the making of the record, or the disclosure or use, is not
2
authorised by section 17.
3
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
4
19 Exception for use in good faith
5
Section 18 does not apply to a person to the extent that the person
6
makes a record of, discloses or otherwise uses protected
7
information in good faith and in purported compliance with
8
section 17.
9
Note:
A defendant bears an evidential burden in relation to the matters in
10
this section (see subsection 13.3(3) of the Criminal Code).
11
20 Exception if unaware information is commercial-in-confidence
12
Section 18 does not apply to a person if:
13
(a) the person makes a record of, discloses or otherwise uses
14
information; and
15
(b) the information is commercial-in-confidence; and
16
(c) the person does not know that the information is
17
commercial-in-confidence.
18
Note:
A defendant bears an evidential burden in relation to the matters in
19
this section (see subsection 13.3(3) of the Criminal Code).
20
21 Exceptions relating to the person to whom the protected
21
information relates
22
(1) Section 18 does not apply to a person if:
23
(a) the person discloses protected information to the person to
24
whom the information relates; or
25
(b) the person is the person to whom the protected information
26
relates; or
27
(c) the making of the record, or the disclosure or use, of the
28
protected information is in accordance with the express or
29
implied consent of the person to whom the information
30
relates.
31
Part 3 Dealing with information in the register
Section 22
20
National Cancer Screening Register Bill 2016
No. , 2016
Note:
A defendant bears an evidential burden in relation to the matters in
1
this subsection (see subsection 13.3(3) of the Criminal Code).
2
(2) Subsection (1) applies as if a reference in that subsection to the
3
person to whom the protected information relates includes a
4
reference to the person's legal personal representative if the person
5
is incapable of managing his or her health affairs.
6
22 Exception for disclosure to person who provided the information
7
Section 18 does not apply to a person if:
8
(a) the person obtains protected information from another
9
person; and
10
(b) the person discloses that information to the other person.
11
Note:
A defendant bears an evidential burden in relation to the matters in
12
this section (see subsection 13.3(3) of the Criminal Code).
13
Other matters Part 4
Section 23
No. , 2016
National Cancer Screening Register Bill 2016
21
Part 4--Other matters
1
2
23 Simplified outline of this Part
3
This Part deals with other matters, such as civil penalties, approved
4
forms, agreements, delegations and rules.
5
24 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 Court of Australia;
25
(c) a court of a State or Territory that has jurisdiction in relation
26
to the matter.
27
Part 4 Other matters
Section 25
22
National Cancer Screening Register Bill 2016
No. , 2016
Extension to external Territories
1
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation
2
to the civil penalty provisions of this Act, extends to every external
3
Territory.
4
Liability of Crown
5
(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation
6
to the civil penalty provisions of this Act, does not make the
7
Crown liable to a pecuniary penalty.
8
25 Approved forms
9
(1) The Minister may, in writing, approve a form for the purposes of a
10
provision of this Act.
11
(2) A request or withdrawal of a request required by a provision of this
12
Act to be in the approved form must be given to the person
13
specified in the form for that purpose.
14
26 Agreements
15
The Minister may, on behalf of the Commonwealth, engage a
16
person under a written agreement to perform services for or on
17
behalf of the Commonwealth in connection with functions of the
18
Commonwealth, the Minister or the Commonwealth Chief Medical
19
Officer under this Act.
20
27 Delegation
21
(1) The Minister may, in writing, delegate his or her functions or
22
powers under:
23
(a) section 5 (about commercial-in-confidence information); or
24
(b) subsections 17(4) and (5) (about authorising disclosures); or
25
(c) section 25 (about approving forms); or
26
(d) section 26 (about engaging persons under agreements);
27
to an SES employee, or an acting SES employee, in the
28
Department.
29
Other matters Part 4
Section 28
No. , 2016
National Cancer Screening Register Bill 2016
23
(2) In performing a function, or exercising a power, under a
1
delegation, the delegate must comply with any directions of the
2
Minister.
3
28 Rules
4
(1) The Minister may, by legislative instrument, make rules
5
prescribing matters:
6
(a) required or permitted by this Act to be prescribed by the
7
rules; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Act.
10
(2) To avoid doubt, the rules may not do the following:
11
(a) create an offence or civil penalty;
12
(b) provide powers of:
13
(i) arrest or detention; or
14
(ii) entry, search or seizure;
15
(c) impose a tax;
16
(d) set an amount to be appropriated from the Consolidated
17
Revenue Fund under an appropriation in this Act;
18
(e) directly amend the text of this Act.
19