House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Health and Ageing, the Hon Mark Butler MP)

Outline and financial impact statement

The Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025 (C&T Bill) makes consequential and transitional provisions to support the Australian Centre for Disease Control Bill 2025 (Australian CDC Bill). The Australian CDC Bill establishes the Australian Centre for Disease Control (Australian CDC) as an independent, non-Corporate Commonwealth Entity and establishes the role, powers, functions and duties of the Director-General of the Australian CDC (Director-General of the CDC).

The C&T Bill would make consequential amendments to existing Commonwealth legislation to transfer relevant public health responsibilities to the Director General of the Australian CDC. Section 7 of the Acts Interpretation Act 1901 will operate in relation to all the consequential amendments in this Bill.

The C&T Bill would also make transitional arrangements to ensure continuity of existing legislation that is impacted by the establishment of the Australian CDC, to address:

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Machinery of government related transfers, including transfers of relevant documents/records in the possession of the Department of Health, Disability and Ageing (Department) to the Australian CDC;

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transfer of legislated responsibilities to the Australian CDC under existing Acts, as well as provisions to allow the preservation of specific arrangements and processes under relevant legislation while the transition occurs.

Transfer of relevant public health powers and functions to the Director-General of the CDC

The Australian CDC would undertake technical and advisory functions based on its public health expertise, knowledge and access to relevant information. This includes some existing public health functions under a range of different Commonwealth laws that have historically been performed by officials of the Department of Health Disability and Ageing (Department) including the Commonwealth Chief Medical Officer and the Secretary.

The C&T Bill amends the following legislation to transfer some powers and functions to the Director-General of the Australian CDC:

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Biosecurity Act 2015 (Biosecurity Act)

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National Health Security Act 2007 (NHS Act)

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National Occupational Respiratory Disease Act 2023 (NORDR Act)

The C&T Bill would repeal the Australian National Preventative Health Agency Act 2010 (ANPHA Act).

The C&T Bill would also amend the Freedom of Information Act 1982 (FOI Act) to exempt a document or information contained in the document if the document or information is protected information under the Australian CDC Bill.

Biosecurity Act

The C&T Bill establishes a role for the Australian CDC and Director-General under the Biosecurity Act in relation to human biosecurity and human health protection activities.

Administration of the human health aspects of the Biosecurity Act, including the role of the Director of Human Biosecurity (DHB) and most human biosecurity functions and powers, would remain administered by the Department. This is to allow the Department to centrally coordinate response measures in a human biosecurity emergency. It also reflects the Department's stewardship responsibilities in the broader health system.

Some powers would transfer from the DHB to the Director-General, consistent with the Australian CDC's communicable disease expertise and its independence. This includes the ability for the Director-General to determine human diseases that should be Listed Human Diseases. The listing of human diseases is the precursor for the exercise of many of the human biosecurity powers under the Biosecurity Act. The Director-General will also be transferred the responsibility to prepare a statement of human health risks, at the request of the Director of Biosecurity, for the purpose of a Biosecurity Import Risk Analysis.

Amendments are also included to facilitate the Department's administration of the Biosecurity Act following the establishment of the Australian CDC. The role of the Commonwealth Chief Medical Officer (CMO) in the Department regarding health protection will change following the commencement of the Australian CDC and the establishment of the Director-General. As a result, the role of the DHB will be transferred from the Commonwealth Chief Medical Officer to the Department's Secretary. More functions of the DHB will also be delegable, to allow biosecurity decisions to be made by relevant SES officers.

NHS Act

The C&T Bill amends the NHS Act to transfer the National Focal Point (NFP) from the Secretary of the Department to the Director-General of the Australian CDC, along with associated public health information responsibilities.

The International Health Regulations (Article 4) require Australia to designate a NFP

as a single contact point for communication with the World Health Organization (WHO), to disseminate information from the WHO, and to consolidate public health surveillance information. The NFP liaises with responsible bodies within Australia in relation to public health events of national significance and liaises with the WHO and other countries in relation to, for example, events that may constitute public health emergencies of international concern.

The Australian CDC would assume public health surveillance responsibilities under the NHS Act to support the identification of, and response to, significant public health events. These events may include communicable disease outbreaks, certain releases of chemical, biological or radiological agents, other public health risks, or overseas mass casualties. The assumption of public health surveillance responsibilities allows the Australian CDC to combine its role as the Commonwealth's public health authority with ownership of the key public health data flows that inform it.

As part of the Australian CDC's role in disease surveillance, the Bill transfers the Secretary's responsibility for advising the Minister on variations to the National Notifiable Disease List (as well as the ability to make temporary additions to the list) to the Director-General of the Australian CDC.

The C&T Bill also transfers responsibility for the Security Sensitive Biological Agents regulatory scheme from the department to the Australian CDC, given the Australian CDC's public health expertise and the relevance of the scheme for health security and other public health matters.

NORDR Act

The C&T Bill amends the NORDR Act to transfer responsibility for the National Occupational Respiratory Disease Registry from the Commonwealth Chief Medical Officer to the Director-General of the Australian CDC, given the public health nature of the registry and its alignment to the Australian CDC's expertise.

Repeal of the ANPHA Act

The C&T Bill would repeal the ANPHA Act. The Australian National Preventative Health Agency (ANPHA) was established to support the prevention of chronic disease. ANPHA ceased operations on 30 June 2014 with its key functions transferring to the Department of Health, Disability and Ageing.

The Australian CDC's functions include the provision of advice on the prevention of disease—both communicable and non-communicable—and building community awareness of public health risk and promoting ways to reduce these risks. While not its initial focus, the Australian CDC is expected to take on expanded functions related to non-communicable diseases, including in areas such as chronic disease. The Australian CDC's expanded functions would be subject to an independent review of the Australian CDC's operations and funding in 2028.

While the Australian CDC would not take on all functions that ANPHA performed, repeal of the ANPHA Act ensures there is no possible duplication between the Australian CDC's legislated remit and the legislated remit of ANPHA. This provides a clear path for the Australian CDC to expand its non-communicable disease functions in the future.

Amendment to the FOI Act

The C&T Bill would amend Schedule 3 of the Freedom of Information Act 1982 (FOI Act), to ensure information protected by the secrecy provision in the Australian CDC Bill (personal and commercial in confidence information) would be exempt from disclosure under section 38(1) of the FOI Act. This amendment would exempt both the publication of protected information under section 22 of the Australian CDC Bill as well as for freedom of information requests.

Consultation

The Australian Government has consulted extensively, including with Attorney-General's Department, State and Territory Governments/officials, peak and research bodies, and First Nations organisations on the establishment and implementation of the Australian CDC.

Financial Impact Statement

The Government committed in the 2024-25 MYEFO process $251.7 million over a period of four years, commencing from 2024-25, for the establishment of the Australian Centre for Disease Control.

$73.3 million in ongoing funding from 2028-29 has also been committed to enable the ongoing operation of the Australian Centre for Disease Control.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AUSTRALIAN CENTRE FOR DISEASE CONTROL (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2025

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The purpose of the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025 (the Bill) is to make consequential amendments and transitional provisions to existing related Commonwealth legislation to support the establishment of the Australian Centre for Disease Control (CDC).

The Australian Centre for Disease Control Bill 2025 (CDC Bill) will establish the Australian CDC as an independent non-corporate Commonwealth entity, and will establish the role, powers, functions and duties of the Director-General. With the establishment of the Australian CDC, existing Commonwealth legislation will be amended to transfer relevant public health responsibilities from the Secretary of the Department of Health, Disability and Ageing (Department) or the Commonwealth Chief Medical Officer (CMO) to the Director-General of the CDC.

The following existing Acts will be amended to facilitate the transfer of responsibilities to the Australian CDC:

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Biosecurity Act 2015 (Biosecurity Act) to transfer some functions of the Act to the Director-General of the CDC. It will also transfer the role of the Director of Human Biosecurity (DHB) from the Commonwealth CMO to the Secretary of the Department.

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The responsibility to determine listed human diseases will transfer from the DHB to the Director-General of the CDC. This will allow the Director-General to determine which human diseases are monitored for persons entering or leaving Australian territory.

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The responsibility to provide human health risk assessments will also transfer to the Director-General, which involves the assessment of biosecurity risk of imported goods.

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National Health Security Act 2007 (NHS Act) to include reference to the Australian CDC and the Director-General.

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The Bill will transfer responsibility for coordinating surveillance data from states and territories for diseases on the National Notifiable Disease List from the Department to the Australian CDC. This will mean that the Director-General, in collaboration with the Minister, will have responsibility for amending or changing the list to ensure relevant diseases are included.

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The National Focal Point (NFP) will be transferred from the Health Secretary to the Director-General, ensuring that the Australian CDC is the centralised point of contact for significant public health events, both internationally and domestically and fulfilling Australia's requirements within the International Health Regulations 2005.

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The administration of the Security Sensitive Biological Agents (SSBA) Scheme will also transfer to the Director-General of the CDC.

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National Occupational Respiratory Disease Registry Act 2023 (NORDR Act) to transfer responsibility from the Commonwealth CMO to the Director General of the CDC.

Schedule 3 under the Freedom of Information Act 1982 (FOI Act) will also be amended to ensure information protected by the secrecy provision in the CDC Bill (personal and commercial in confidence information) would be exempt from disclosure under subsection 38(1) of the FOI Act. This would exempt protected information from publication under the Director-General's duty to publish public health advice. It also ensures protected information is exempt from release under freedom of information requests under the FOI Act.

The Bill will also repeal the Australian National Preventative Health Agency Act 2010, formally abolishing the agency.

Human rights implications

The Bill complements the CDC Bill and is necessary to implement key elements of the Australian CDC's functions ensure a continuation of existing legal rights and obligations. With the establishment of the Australian CDC and the Director-General, the Bill would amend who performs responsibilities under existing Acts and does not materially change the responsibilities under the Acts.

The right to privacy

The Bill will, or has the potential to, engage the right to privacy in Article 17 of the International Covenant on Civil and Political Rights (ICCPR) and Article 22 of the Convention on the Rights of Persons with Disabilities (CRPD). The right to privacy states that 'no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour or reputation'. This right protects individuals' personal information from arbitrary or unlawful collection, use or disclosure. However, the right to privacy can be permissibly limited to achieve a legitimate objective.

The Bill provides for the transfer of documents and records from the Department to the Australian CDC, and for the use and disclosure of information collected under existing legislation that may be protected or sensitive. The circumstances in which information will be transferred from the Department to the Australian CDC is limited and would only occur for the purposes of the performance of a function or duty by the CDC. The transfer of documents or use and disclosure of information would also be subject to the protections under the CDC Bill. Therefore, the limitation on the right to privacy, via the use and disclosure of information and the transfer of records is reasonable, necessary and proportionate in achieving the legitimate objectives of the effective operation of the Australian CDC.

Part 2 of Schedule 1 provides a new defence to the offence under section 21 of the NHS Act. Section 21 of the NHS Act establishes an offence where a person obtains protected information, and makes a record of, discloses, or otherwise uses the information without authorisation (under sections 19 or 20 of the NHS Act). Part 2 of Schedule 1 provides that section 21 of the NHS Act will not apply if a person obtains, records, discloses or uses protected information and it is authorised under the CDC Bill. This therefore has the potential to engage the right to privacy, under Article 17 of the ICCPR.

The CDC Bill ensures that personal information is not used or disclosed, other than for purposes prescribed in the Bill as necessary or reasonably required. Various authorisations for the use and disclosure of information are set out in the CDC Bill. Any unauthorised use of information is taken as committing an offence and will therefore be subject to penalty. To the extent that the Bill limits the right to privacy, these limits are reasonable and proportionate. The CDC Bill enables the collection, use and disclosure of information for the purposes of the CDC's functions. The disclosure and use of personal information is only authorised where it is necessary for the performance of a function, duty, or to exercise a power under or in connection with the CDC Bill (or to assist another person to perform a function or duty, or exercise a power under the CDC Bill), and only with the minimum amount of information necessary for that purpose. It achieves a legitimate objective, and is lawful and non-arbitrary, as it promotes the right to the highest attainable standard of health, for all Australians.

Fair trial rights

Article 14(2) of the ICCPR provides that everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. In some circumstances, domestic civil penalty provisions may be regarded as 'criminal' for the purposes of international human rights law. These circumstances include where the penalty is for a punitive or deterrent purpose, is of general application, and carries a substantial pecuniary sanction. In light of the general application of the offence under section 21 of the NHS Act ('a person commits an offence'), and the 2-year imprisonment penalty, which is for the purpose of deterring unapproved disclosure of protected information, there is a risk that this provision could be considered 'criminal', thus engaging Australia's obligations under Article 14 of the ICCPR.

The note under the defence provided by new section 24A of the NHS Act states that the defendant bears an evidential burden, meaning that the defendant is required to prove that any exception applies. To the extent that this clause may limit an individual's right to be presumed innocent until proven guilty, the limitation is in the pursuit of a legitimate objective. In order to effectively protect the authorised use, disclosure and collection of data, it is reasonable, necessary and proportionate to reverse the burden of proof, and limit the right to the presumption of innocence. It would be unreasonable and contrary to the aims of protecting privacy to require the prosecution to establish that a defence was not available to a defendant.

The right to life and the right to health

The Bill also promotes the right to privacy by limiting the release of protected information under the CDC Bill. Protected information is taken to mean relevant information that is personal information or is information (including commercially sensitive information) in which the disclosure of could be in breach of a duty of confidence.

Although the Bill does not explicitly engage the following rights, the Bill is compatible with the right to life, and the right to health.

The Bill is compatible with the right to life, contained in Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR). The Bill protects the right by ensuring the Director-General will hold responsibilities under the Biosecurity Act to control the spread of communicable diseases that may cause significant harm to human health, particularly in regard to the power to determine a listed human disease.

The Bill is compatible with the right to health, in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 25 of the CRPD. The Bill provides a continuation of responsibilities under the NHS Act to exchange public health surveillance information to enhance the identification of, and quick response to, public health events of national significance including certain communicable disease outbreaks, certain releases of a chemical, biological or radiological agent, other public health risks, or overseas mass casualties. It also continues responsibilities under the NORDR Act for the purpose of supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease-causing agents to enable the application of timely and targeted interventions and prevention activities to reduce worker exposure and disease. This supports the Australian CDC's provision of informed and data-driven public health advice and promotes the 'highest attainable standard of physical and mental health'. It ensures the public has access to evidence-based, proportionate, and equitable health advice, in order to make informed health decisions.

Conclusion

The Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025 is compatible with the human rights and freedoms listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. To the extent that limitations are placed on rights, these are necessary, proportionate and reasonable in the performance of legitimate functions.

2- Notes on clauses

Clause 1 - Short title

This clause provides for the short title of the Bill, upon its enactment by the Parliament, to be the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025.

Clause 2 – Commencement

This clause provides for the commencement of each provision in the Bill, as set out in the table. The initial administrative provisions (sections 1 to 3), as well as any provisions not covered by the table, will commence on the day the Bill receives the Royal Assent. The remainder of the Bill (Schedules 1 and 2) will come into effect at the same time as the commencement of the Australian Centre for Disease Control Act 2025 (the principal Bill). However, the provisions of this Bill will not commence if the principal Bill does not commence.

Subclause 2(2) notes that information may be inserted in the third column of the table, or edited in the column, in any published version of the Bill, however this is not considered part of the Bill.

Clause 3 – Schedules

This clause provides that an Act that is specified in a Schedule to this Bill is amended or repealed as set out in the Schedule, and that any other item specified in a Schedule to this Bill has effect according to its terms as described in the Schedule.

SCHEDULE 1 – AMENDMENTS

Part 1 – Amendment of the Biosecurity Act 2015

Item 1 - Subsection 9(1)

Item 1 amends subsection 9(1) of the Biosecurity Act to include new definitions that reflect the new role of Australian CDC officers in performing functions under the Biosecurity Act. The new terms Australian Centre for Disease Control and Director-General of the CDC have the same meaning as in the CDC Bill.

Item 2 - Section 33

This item amends the simplified outline of Part 1 of Chapter 2 of the Biosecurity Act, to clarify that the Director-General of the CDC, instead of the DHB, will make a determination under section 42 of the Act (as amended by Item 3).

Item 3 - Subsection 42(1)

Item 4 - Subsection 42(2)

Item 5 - At the end of subsection 42(2)

Items 3, 4, and 5 amend section 42 of the Biosecurity Act. Items 3 and 4 transfer the power to determine, after consulting with specified individuals, that a human disease is a LHD from the DHB to the Director-General of the CDC.

The determination that a human disease is a listed human disease is a precursor for the exercise of many of the human biosecurity powers under the Biosecurity Act. By being responsible for making this determination, the Director-General will be able to independently ensure that human biosecurity powers are only used to address certain human diseases when it is necessary to address their risk.

Item 5 requires that the Director-General consults with the DHB before making a listed human disease determination, reflecting the importance of operational considerations of this process. The DHB will be one of the decision-makers that may choose to employ various powers and responses under the Biosecurity Act to address the listed human disease. The Director-General will still be required to consult with the chief health officers of the states and territories as well as with the Director of Biosecurity before making a listed human disease determination.

Item 6 - At the end of section 114

This item requires the DHB to consult with the Director-General of the CDC before determining a Human Health Response Zone under section 113. This will ensure that the Australian CDC's technical public health expertise is taken into account in determining a Human Health Response Zone, and that the DHB is fully informed on the need for and appropriateness of the determination to address an LHD. The DHB will still also be required to consult with the chief health officers of the relevant states and territories as well as with the Director of Biosecurity before determining a Human Health Response Zone.

Item 7 - Subsection 169(5)

This item allows the Director of Biosecurity to request the Director-General of the CDC, instead of the DHB, to prepare a statement of the human health risks associated with goods or a class of goods, as part of conducting a Biosecurity Import Risk Analysis. This reflects the technical advisory nature of this responsibility and its alignment to the Australian CDC's role.

Item 8 - Subsection 544(1)

This item would designate the Health Secretary, instead of the CMO, as being the DHB, and assign the Health Secretary all functions, powers, and duties given under the Biosecurity Act to the DHB role.

This reflects changes to the role of the CMO following the establishment of the Australian CDC, with the CMO no longer having the responsibility as the Commonwealth's primary public health advisor or leading the public health capabilities that will be taken on by the Australian CDC. The Health Secretary, who has oversight over the health portfolio's emergency management responses and decisions, will be able to bring their seniority and experience to the role and exercise the DHB's powers alongside other health response measures in a coordinated way. It is anticipated that the Health Secretary, as the DHB, will receive technical advice from the Department and the Australian CDC to assist them in performing this role.

Item 9 - Section 544A

This item, by replacing the DHB's existing ability to delegate certain powers, would allow the DHB to delegate all their functions and powers under the Biosecurity Act to SES employees in the Department, other than those covered by specific exceptions. This will help ensure that the Health Secretary can fulfil their normal role alongside their role of the DHB, and that operational decisions can be efficiently made (if required) by relevant operational teams and technical emergency management or medical experts.

This ability to delegate also includes functions or powers that the DHB has as an 'authorised applicant' or 'authorised person' under the Regulatory Powers (Standard Provisions) Act 2014 because of a provision of the Biosecurity Act, to allow flexibility for the DHB in managing their role in regulatory matters.

The existing constraints on the DHB's ability to delegate functions or powers under Part 3 of Chapter 2 of the Biosecurity Act (which relate to the management of human biosecurity control orders) will remain. The DHB will only be able to delegate these functions or powers to SES employees in the Department who are Human Biosecurity Officers (HBOs), to ensure that these powers, if delegated, are only exercised by individuals with relevant technical expertise.

Additionally, the DHB will be prevented from delegating their functions and powers under three specified provisions of the Biosecurity Act. These powers are most appropriately overseen by the DHB themselves and will be directly exercised by the DHB.

Section 113

The DHB's power to determine a Human Health Response Zone will not be delegable, reflecting the impactful nature of this decision and the requirement for the decision-maker to consult with senior officials.

Section 570

The DHB's power (as enabled by Item 11) to issue identity cards to specified officials (and approve the form of these cards) will not be delegable, to ensure centralised control over the activities of HBOs.

Section 618

The DHB's power to (jointly with the Director of Biosecurity) modify the operation of certain sections of the Biosecurity Act will not be delegable, in line with the inability of the Director of Biosecurity to delegate this power.

Item 10 - After subparagraph 563(1)(a)(i)

This item allows the DHB to authorise officers or employees of the CDC as HBOs. Officers and employees of the department, of state and territory bodies responsible for the administration of health services, and members of the Australian Defence Force will remain eligible to be authorised as HBOs. For a CDC officer or employee to become an HBO, they would need to meet the training and qualification requirements set by the DHB. It is intended that the normal operations of HBOs would continue to be carried out by HBOs employed by states and territories or by the department. Allowing CDC officers to become HBOs will allow the DHB to choose to authorise them if needed, given that the public health and medical expertise of some CDC officers may be relevant for performing HBO functions.

Item 11 - Subsection 570(1)

Item 12 - Paragraph 570(1)(a)

Item 13 - Paragraph 570(2)(a)

Items 11, 12, and 13 amend section 570 of the Biosecurity Act. Items 11 and 13 require the DHB, rather than the Health Secretary, to issue identity cards to specified officers and approve the form of the cards, respectively. Although the role of the DHB will be held by the Health Secretary, as enabled by Item 8, the identity cards will now be issued and their form approved by the exercising of a duty of the DHB, rather than a duty of the Health Secretary directly. As the Health Secretary will now hold the role of the DHB, there is no longer a reason for any functions, powers, and duties of the Health Secretary under the Biosecurity Act to be distinct from those of the DHB. This is in line with arrangements for other biosecurity officials (as under section 569 of the Biosecurity Act), where the Director of Biosecurity, who is the Secretary of the Agriculture Department, has the duty to issue identity cards and approve their form.

Item 12 removes the requirement for the DHB to issue an identity card to the DHB. It would not be necessary or appropriate for the DHB to issue an identity card to themselves. It is acceptable for the DHB not to be issued an identity card as they do not perform their functions 'on-the-ground' at entry points and are easily identifiable as a lead Commonwealth figure (as the Health Secretary, as amended by Item 8). This is in line with arrangements for the Director of Biosecurity, who (as under section 569 of the Biosecurity Act) does not need to be issued an identity card.

Item 14 - After paragraph 644(6)(da)

Item 15 – After paragraph 644(6)(i)

These items would add the Director-General and Australian CDC officers and employees to the list of protected persons under the Biosecurity Act, to protect them from civil proceedings when performing or assisting in the performance of functions and powers under the Biosecurity Act. The Director-General, due to amendments in this Bill, will have functions and powers under the Biosecurity Act for which they may need protection, to ensure they can make decisions appropriately without fear of being sued. It is necessary for Australian CDC officers and employees to also be listed as protected persons, rather than rely on existing protections for persons assisting protected persons. This ensures that all relevant assistance they provide is protected – including assistance given as part of the normal course of their duties, without being expressly requested or directed. This protection is intended to cover assistance that Australian CDC officers and employees provide to other members of the Australian CDC that have functions or powers under the Biosecurity Act, such as the Director-General or any authorised HBOs.

Part 2 – Amendment of the National Health Security Act 2007

Item 16 - Subsection 3(1)

Item 16 amends subsection 3(1) of the NHS Act to include new definitions that reflect the new role of the Australian CDC in administering functions and powers under the NHS Act. The new terms Australian Centre for Disease Control and the Director-General of the CDC have the same meaning as in the CDC Bill.

Item 17 – Subsection 3(1) (definition of Secretary)

This item removes the definition of Secretary from the NHS Act. This reflects the transfer of all functions and powers of the Health Secretary under the NHS Act to the Director-General of the CDC, enabled by this Bill.

Item 18 - Paragraph 11(5)(a)

This item requires the Minister to consult with the Director-General of the CDC, instead of with the CMO, when making or varying the National Notifiable Disease List (NNDL). This reflects the Australian CDC's role and expertise in public health surveillance, and the CDC having primary responsibility for identifying and advising on public health risks.

Items 19 and 20 - Subsection 12(1)

These items allow the Director-General to make temporary additions to the NNDL, instead of the CMO, if the Director-General considers that an outbreak of an unlisted disease would be a public health risk. This reflects the Australian CDC's role and expertise in public health surveillance, and the CDC having primary responsibility for identifying and advising on public health risks.

Item 21 - Paragraph 12(3)(a)

This item specifies that the Minister will not need to consult with the Director-General of the CDC, instead of specifying the CMO, when making temporary additions to the NNDL. Note that item 30 amends paragraph 11(5)(a) of the NHS Act, which requires the Minister to consult with the Director-General of the CDC, instead of with the CMO, when making changes to the list that are not on a temporary basis.

Item 22 - Paragraph 12(6)(a)

This item requires that the Minister must consult with the Director-General of the CDC, instead of with the CMO, when determining temporary variations to the NNDL that will continue to have effect beyond a 6 month period. This reflects the Australian CDC's role and expertise in public health surveillance, and its responsibility for identifying and advising on public health risks.

Item 23 - Section 24A

Section 21 of the NHS Act provides that a person commits an offence, if the person obtains protected information and makes a record of, discloses or otherwise uses the information for a purpose that is not authorised by sections 19 or 20 of the NHS Act.

This item inserts new section 24A to provide that section 21 does not apply if a person obtains protected information and makes a record of or discloses or otherwise uses the information and that record, disclosure or use is authorised under the CDC Bill. The note at the end of this item clarifies that, as this provision provides for a defence, a defendant bears an evidential burden in relation to the matter in accordance with subsection 13.3(3) of the Criminal Code.

Item 24 - Subsection 28(1)

This item allows the Minister to delegate their functions or powers under Part 2 of the NHS Act, which pertains to public health surveillance and the sharing of surveillance information, to SES employees in the Australian CDC and SES employees in the Department. Delegations will normally be made to SES employees in the Australian CDC, allowing the Minister to entrust these officers to carry out public health surveillance duties (including engaging with other entities on disease notifications) with operational functions. Allowing delegations to also be made to SES employees in the Department will allow the Minister to choose (especially on the request of the Director-General) to involve the Department if needed, particularly if emergency management capabilities and additional resources are required.

Item 25 - Subsection 29(2)

This item requires a report on the use of protected information under the NHS Act to be included each year in the annual report provided to the Minister by the Director-General (as under section 46 of the Public Governance, Performance and Accountability Act 2013), rather than in the annual report of the Department. This reflects the fact that the Australian CDC will have primary responsibility for handling the Commonwealth's public health surveillance data, which includes the management of protected information under the Act. Item 30 of this Bill will ensure that the Director-General will be responsible for the preparation of this report, rather than the Health Secretary.

Item 26 – Section 34 (heading)

Item 27 - Section 34

These items require an up-to-date copy of the List of SSBAs to be made available on the Australian CDC's website, instead of on the Department's website. This reflects the transfer of the SSBA Regulatory Scheme (including its administration and responsibility for its operations) from the Department to the CDC, in line with the CDC's expertise in the public health risks of biological agents. Item 30 of this Bill will ensure that the Director-General of the CDC will be responsible for maintaining the list on the website, rather than the Health Secretary.

Item 28 – After paragraph 92(a)

Section 90 of the NHS Act provides that a person commits an offence if the person obtains protected information and makes a record of, discloses, or otherwise uses the information, unless the record, disclosure or other use is authorised by Division 8.

Section 92 provides that the offence in section 90 does not apply if the record, disclosure or other use of the information is required or authorised under the listed laws. This item would insert the Australian Centre for Disease Control Act 2025 in the list of excluded laws in section 92 of the NHS Act.

The notes to section 92 clarify that a defendant bears an evidential burden in relation to the relevant matters (as per subsection 13.3(3) of the Criminal Code) and the National Security Information (Criminal and Civil Proceedings) Act 2004 may apply to proceedings under Part 2 of the NHS Act - are applicable to new paragraph 92(aa).

Item 29 - Subsection 94(1)

This item allows the Director-General (as enabled by Item 30 of this Bill, instead of the Health Secretary) to delegate their powers and functions under Part 3 of the Act, which pertains to the SSBA Regulatory Scheme, to SES employees in the Australian CDC and SES employees in the department. Under this provision, delegations will normally be made to Australian CDC SES employees, to allow the Director-General and the Australian CDC to efficiently manage the SSBA scheme. Allowing delegations to also be made to SES employees of the department will allow the Director-General to involve the department, particularly as part of its emergency management capabilities and resources, in activities under the SSBA scheme if needed, such as during an emergency.

Item 30 - Amendments of listed provisions - substituting references to Secretary with references to Director-General of the CDC

This item would replace all references to the Health Secretary in the NHS Act with references to the Director-General of the CDC, thereby transferring all functions, powers, and duties that the Health Secretary currently has under the NHS Act to the Director-General of the CDC. This includes the Health Secretary's functions, powers, and duties across Parts 2 and 3 of the NHS Act.

Part 2

The item transfers the Health Secretary's role in the collection and sharing of public health surveillance information to the Director-General of the CDC, given the Australian CDC's role and expertise in public health surveillance and its responsibility for identifying and advising public health risks. This involves transferring the designation as the NFP (under section 9 of the NHS Act) and the responsibility for producing an annual report on the Commonwealth's use of protected information as defined under section 29 of the NHS Act.

The Director-General of the CDC will be designated as the NFP. Section 9 of the NHS Act will provide that the NFP means the Director-General of the CDC and the persons, offices or positions (if any) nominated in writing by the Director-General of the CDC. This reflects the Australian CDC's position as the Commonwealth's primary public health agency, and its role in leading Australia's public health surveillance work by working with states and territories to bring surveillance data together for analysis. It will allow Australian CDC officers to undertake the role of the NFP, combining their communicable disease expertise with ownership of Australia's public health surveillance data and responsibilities under the International Health Regulations.

It is anticipated that the Director-General will nominate, alongside Australian CDC officers, some officers in the Department as part of the NFP. This will help ensure timely collaboration between the two agencies during an emergency, as well as allowing the Australian CDC to leverage the Department's 24/7 accessibility and operational capability.

Part 3

The item transfers the administration of the SSBA Regulatory Scheme from the Health Secretary to the Director-General of the CDC. This is due to the expertise on the public health risks of biological agents that will be housed in the Australian CDC, and the relationship the Australian CDC will have with public health laboratories that are affected by the afore mentioned scheme. As such, the powers, functions, and duties of the Health Secretary to manage the scheme will instead sit with the Director-General of the CDC, as the head of the agency which has responsibility for the scheme.

Part 3 – Amendment of the National Occupational Respiratory Disease Registry Act 2023

Item 31 - Section 8

Item 31 amends section 8 of the NORDR Act to include new definitions that reflect the new role of the Australian CDC in administering functions and powers under the Act. The new terms Australian Centre for Disease Control and Director-General of the CDC have the same meaning as in the CDC Bill.

Item 32 - Section 8 (definition of Secretary)

This item repeals the definition of Secretary from the NORDR Act. This is because this Bill removes all references to the Health Secretary, in order to transfer the Health Secretary's powers and functions under the NORDR Act to the Director-General of the CDC (as enabled by Items 33, 35, and 40).

Item 33 - Paragraph 28(2)(a)

This item designates the Director-General of the CDC, instead of the Health Secretary, as an authorised applicant for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. This is because the Director-General will be administering the National Registry, and the relevant activities currently performed by the Department will transfer to the Australian CDC.

Item 34 - Paragraph 28(2)(b)

This item designates SES employees in the Australian CDC, instead of SES employees in the Department, as authorised applicants for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. This is because the Australian CDC as an agency will be performing activities relevant to the National Registry instead of the Department, and the Health Secretary's designation as an authorised applicant will transfer to the Director-General of the CDC (as amended by Item 33).

Item 35 - Subsection 31(1)

This item would allow the Director-General of the CDC, instead of the Health Secretary, to charge fees for the disclosure of a person's information from the National Registry to that person. This is because the Director-General of the CDC will be administering the National Registry, and the activities currently performed by the Department will transfer to the Australian CDC.

Item 36 - Paragraph 32(1)(b)

This item allows the Minister to delegate their functions or powers under section 9 of the Act to SES employees in the Australian CDC, instead of SES employees in the Department. This is because the Australian CDC as an agency will be performing activities relevant to the National Registry instead of the Department, and the functions and powers of the Health Secretary and CMO under the NORDR Act will transfer to the Director-General of the CDC (as amended by Items 33, 35, and 40).

Item 37 - Subsection 32(2)

This item removes the ability for the Health Secretary to delegate their powers under subsection 31(1) of the NORDR Act. This is because this Bill transfers all functions and powers the Health Secretary has under the Act to the Director-General of the CDC (as amended by Items 33 and 35).

As the Director-General of the CDC will now have the power to charge fees under subsection 31(1) of the NORDR Act (due to Item 35), subsection 32(3) of the Act (as amended by Item 38) will allow the Director-General to delegate these powers to SES employees in the Australian CDC.

Item 38 - Subsection 32(3)

Item 39 - Subsection 32(3)

Item 40- Subsection 32(3)

Item 40 allows the Director-General to delegate the Director-General's functions and powers under the NORDR Act. Item 38 omits reference to subsection 31(2) of the NORDR Act to allow the Director-General to delegate their functions and powers under subsection 31(2). The Director-General of the CDC will still be unable to delegate their functions and powers under subsection 12(4) of the NORDR Act.

Item 39 allows

The Director-General of the CDC to delegate their functions or powers under the NORDR Act to SES employees or acting SES employees in the Australian CDC.

This is because the Australian CDC as an agency will be performing activities relevant to the National Registry instead of the Department, and the functions and powers of the Health Secretary and CMO under the NORDR Act will transfer to the Director-General of the CDC (as amended by Items 33, 35, and 40).

Item 40 - Amendments of listed provisions – substituting references to Commonwealth Chief Medical Officer with references to Director-General of the CDC

This item would change all references in the NORDR Act from the CMO to the Director-General of the CDC. These changes will allow responsibility for and administration of the National Registry to be transferred to the Director-General of the CDC.

Notably, this includes functions and powers under section 12 to determine the contents of the National Registry, and functions and powers under sections 14 to 18 to receive notifications relevant to the National Registry. This reflects the Australian CDC's role in public health surveillance, including for occupational respiratory diseases.

Part 4 – Amendment of the Freedom of Information Act 1982

Item 41 - Schedule 3

This item provides that Schedule 3 of the FOI Act is amended to insert clause71 of the CDC Bill.

The amendment to the FOI Act will ensure that information protected by the secrecy provisions in clause 71 of the CDC Bill will be unconditionally exempt from disclosure under section 38 of the FOI Act.

This amendment provides clear and comprehensive safeguards on protected information covered by the CDC secrecy provisions, rather than relying on the conditional exemptions under the FOI Act and the requirement to apply a public interest test to determine whether information is exempt from disclosure under a Freedom of Information request.

Further, the amendment under item 41 will include protected information under the CDC Bill as exempt material under clause 5 of the Australian Centre for Disease Control Bill 2025. This would provide that protected information is exempt material for the purpose of clause 22, subclause 38(8), and subclause 49(4) of the CDC Bill.

This amendment embeds strong safeguards to ensure sensitive information, including personal and commercial information is adequately protected from inappropriate disclosure. Extensive consultation found that individuals expect the Australian CDC to have access to and use relevant information, but that it is protected from misuse (i.e. for any purpose other than a public health related function) and is kept secure.

Part 5 – Repeal of the Australian National Preventive Health Agency Act 2010

Item 42 - The whole of the Act

This item repeals the entirety of the ANPHA Act, therefore removing the ANPHA as a statutory agency as well as the functions of the CEO and Advisory Council under that Act.

SCHEDULE 2 – APPLICATION, SAVING AND TRANSITIONAL PROVISIONS

Part 1 – General Provisions

Item 1 – Definitions

Item 1 sets out definitions relevant to the application, saving and transitional provisions in Schedule 2.

Australian centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Department of Health and Aged Care Enterprise Agreement means the Department of Health and Aged Care Enterprise Agreement 2024–2027 approved under the Fair Work Act 2009 on 18 January 2024, as in force immediately before the transition time.

Director-General of the CDC means the Director-General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the Australian Centre for Disease Control Act 2025.

Health Secretary means the Secretary of the Health Department.

new Biosecurity Act means the Biosecurity Act 2015 as in force at and after the transition time.

new NHS Act means the National Health Security Act 2007 as in force at and after the transition time.

new NORDR Act means the National Occupational Respiratory Disease Registry Act 2023 as in force at and after the transition time.

old Biosecurity Act means the Biosecurity Act 2015 as in force at any time before the transition time.

old NHS Act means the National Health Security Act 2007 as in force at any time before the transition time.

old NORDR Act means the National Occupational Respiratory Disease Registry Act 2023 as in force at any time before the transition time.

transitional rules means rules made under item 5.

transition time means the time this Schedule commences.

Item 2 - Transitional – transfer of documents

Subitem 2(1) provides for the transfer of any records or documents that relate to a function or power of the Director-General of the CDC under the:

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Australian Centre for Disease Control Act 2025; or

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the Biosecurity Act; or

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the NHS Act; or

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NORDR Act; and

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immediately before the transition time were in the possession of either the Health Secretary or their delegate, the CMO or their delegate, an APS employee in the Department.

Subitem 2(2) provides for the documents and records to be transferred to the Director-General of the CDC after the transition time.

The note under subitem 2(2) clarifies that the records and documents are Commonwealth records for the purposes of the Archives Act 1983.

Subitem 2(3) provides that the transitional rules may specify records or documents, including those that relate to a specified function or power of the Director-General of the CDC, are excluded from being transferred to the Director General under subitem 2(2).

Subitem 2(4) clarifies that subitem 2(3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Item 3 - Enterprise Agreement

Item 3 provides for the Department's Enterprise Agreement, as in force immediately before the transition time, to continue to cover and apply to APS employees of the Australian CDC.

The Department's Enterprise Agreement would apply to APS employees who are transferring from the Department to the Australian CDC and APS employees whose employment in the Australian CDC commences at or after the transition time.

The purpose of this item is to provide APS employees of the Australian CDC with certainty and consistency of the terms and conditions of their employment. Applying the Department's Enterprise Agreement is appropriate as it is expected that when the Australian CDC is first established, Australian CDC's employees would mainly consist of transferring Departmental employees.

Subitem 3(2) provides that at and after the transition time, the Department's Enterprise Agreement (as it has effect in relation to the Australian CDC) would cover and apply to the Director-General as the Agency Head (within the meaning of the Public Service Act 1999) of the APS employees who are members of staff of the Australian CDC.

Any subsequent changes to the Department's Enterprise Agreement after the transition time would not flow through to apply the Australian CDC.

It would be intended that prior to the expiration of the Department's Enterprise Agreement, the APS employees of the Australian CDC and the Director-General would enter negotiations to deal with the terms and conditions of employment for Australian CDC employees.

Subitem 3(5) would also not affect the operation of section 58 of the Fair Work Act 2009. The note under subitem 3(5) would clarify that section 58 of the Fair Work Act 2009 deals with the interaction between one or more enterprise agreements.

Item 4 - References in Enterprise Agreement

This item provides that:

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a reference to the Secretary of the Department in the Department's Enterprise Agreement would have effect as if it were a reference to the Director-General of the CDC; and

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a reference to the Department of Health and Aged Care or the Department were a reference to the Australian CDC.

However, this item does not prevent the variation or termination of the Department's Enterprise Agreement, as it covers and applies to APS employees in the Australian CDC and the Director-General, in accordance with the law.

Item 5 - Transitional rules

The transitional provisions in this Schedule seek to ensure a seamless transition between the old legislative framework and the new legislative framework, but it may not be possible to anticipate the full range of circumstances which the transitional provisions will need to accommodate.

The rule-making power provided for in item 5 is necessary to deal with unintended outcomes or unforeseen issues arising through transitioning to the changes proposed in the CDC C&T Bill and the CDC Bill.

The transfer of powers and functions under the NHS Act, NORDR Act and Biosecurity Act from the CMO and Health Secretary to the Director General of the CDC, and the related transitional provisions, means there may need to be minor transitional rules to ensure this transfer of responsibility does not adversely impact members of the public or disrupt the operation of the legislation.

While the rules may be made to have retrospective application, section 12 of the Legislation Act 2003, will apply to ensure clear limitations and safeguards are in place to uphold legislative integrity and accountability.

In addition, the power to modify legislation is strictly time-bound to a 12-month period following transition time, ensuring it is used only for genuine transitional purposes. The rules would not be able to retrospectively criminalise conduct or retrospectively apply a penalty, ensuring the rules do not affect core legislative functions or individual rights.

Subitem 5(1) provides that the Minister, by legislative instrument, may make rules prescribing matters required or permitted by the CDC C&T Bill, or necessary or convenient for carrying out or giving effect to the CDC C&T Bill.

Subitem 5(2), without limiting the operation of above subitem 5(1), provides that the Minister may make rules prescribing transitional arrangements that relate to the provisions of the CDC C&T Bill, or the new CDC Bill or any other Act or instrument.

Subitem 5(3) limits the timeframe under which rules made for the purposes of subitem 5(2) may be made to 12 months starting from the transition time, however, it does not limit subitem 5(2) in any other manner.

Subitem 5(4) imposes limits on the transitional rules which could be made, and makes it clear that the Minister may not make rules which:

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create an offence or civil penalty;

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provide powers of arrest or detention, or provide powers of entry, search or seizure;

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impose a tax;

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set an amount to be appropriated from the Consolidated Revenue Fund;

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directly amend the text of the CDC C&T Bill or the new CDC Bill.

Subitem 5(5) provides that this Schedule does not limit the rules that may be made for the purposes of subitem 5(1).

Part 2 – Provisions relating to the amendment of the Biosecurity Act 2015

Item 6 - Things done by, or in relation to, the Commonwealth Chief Medical Officer

This item ensures that actions taken or instruments made under the old Biosecurity Act (including legislated decisions, authorisations, delegations, and legislative instruments) by the CMO, as the DHB, will be considered taken to be made by the Health Secretary, as the DHB, under the new Biosecurity Act. This is intended to allow relevant actions taken by the CMO, such as the creation of instruments, to still be valid once the power to take the action (i.e. create the instrument) has transferred to Health Secretary (as enabled by Item 8 of Schedule 1).

For example, any authorisations made by the CMO, as the DHB, of HBOs under subsection 563(1) of the Biosecurity Act will continue to be valid even after the amendments in this Bill commence, and the Health Secretary rather than the CMO will have the power to make such authorisations.

The item specifies that any determination made by the CMO under subsection 42(1) of the Biosecurity Act will not be considered to be done by the Health Secretary – as the power to make this determination is instead transferring to the Director-General of the CDC (as enabled by Item 3 of Schedule 1) and is dealt with by Item 8 of Schedule 2.

The item also notes that the transitional rules, as described in Item 5, may specify that a particular action taken by the CMO, as the DHB, will not be considered to be done by the Health Secretary, as the DHB.

Item 7 - Saving of identity cards

This item ensures that identity cards currently issued to HBOs or to Chief HBOs under subsection 570(1) of the old Biosecurity Act will be considered to have been issued under the new Biosecurity Act. This is intended to allow any issued cards to still be valid after the amendments in this Bill commence, even though the power to issue the cards will transfer from the office of the Health Secretary to the office of the DHB (due to Item 11 of Schedule 1).

The item would also ensure that the form of identity cards, as approved under paragraph 570(2)(a) of the old Biosecurity Act, will be considered to be approved under the new Biosecurity Act. This is to ensure that the form will continue to be approved and valid after the amendments in this Bill commence, even though the power to approve the form will transfer from the office of the Health Secretary to the office of the DHB (due to Item 13 of Schedule 1).

Item 8 - Saving of Listed Human Disease determinations

This item ensures that any determinations made and in force by the DHB under subsection 42(1) of the old Biosecurity Act will be considered to be made by the Director-General of the CDC under the new Biosecurity Act. This is intended to allow any such existing determination made by the DHB to remain valid after the amendments to this Bill commence, even though the power to make this determination will transfer from DHB to the Director-General of the CDC (due to Item 3 of Schedule 1).

Item 9 - Transitional – transfer of documents to Health Secretary

This item allows for records or documents that relate to the functions and powers of the DHB under the Biosecurity Act to be transferred the Health Secretary, in accordance with the DHB role transferring to the Health Secretary (due to Item 8 of Schedule 1). This refers to relevant records or documents that are held by the CMO, as the DHB, as well as by any APS employees in the Department or delegates of the CMO that assist the CMO with their functions and powers as the DHB. This is intended to ensure that the Health Secretary, as the DHB, is able to make use of any relevant materials that have been available to the CMO, as the DHB, for the performance of their role.

Subitem 9(3) provides that the transitional rules may specify records or documents, including those that relate to a specified function or power of the DHB, are excluded from being transferred to the Health Secretary.

Subitem 9(4) clarifies that subitem 9(3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Item 10 - Saving of delegations

This item ensures that delegations made by the DHB under section 544A of the old Biosecurity Act will be considered to have been made under the new Biosecurity Act. This will allow any such delegations to continue to be valid after the amendments in this Bill commence, despite the text of section 544A being repealed and replaced (as in Item 9 of Schedule 1).

Part 3 – Provisions relating to the amendment of the National Health Security Act 2007

Item 11 - Things done by, or in relation to, the Health Secretary

This item transfers specific decisions made by the Health Secretary to be taken as decisions made by the Director-General. Subitem 11(1) is a general provision that covers all things done by, or in relation to, the Health Secretary as having been done by, or in relation to the Director-General of the CDC, at and after the transition time.

An example of a thing done by the Health Secretary that will be considered to have been done by the Director-General of the CDC is the appointments instrument under section 63 of the NHS Act, which appoints inspectors for the SSBA scheme. Inspectors appointed under the old NHS Act will have their appointments remain valid after the commencement of the amendments in this Bill.

Subitem 11(2) provides that the transitional rules may specify things done by, or in relation to, the Health Secretary, that would not be considered having been done by, or in relation to, the Director-General of the CDC.

Item 12 - References to the Health Secretary in instruments

Item 12 ensures that references to the Health Secretary on all relevant instruments that were in operation immediately before the transition time, made under the old NHS Act, are taken to be a reference to the Director-General at and after the transition time.

Subitem 12(3) ensures that the above subitem 12(2) does not apply in relation to a specified instrument or a specified reference.

Subitem 12(4) does not prevent the instrument from being amended or repealed after the commencement of this item.

In subitem 12(5), the term instrument includes:

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a contract, deed, undertaking, arrangement or agreement entered into by the Health Secretary; and

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a notice, authority, order of instruction issued by the Health Secretary; and

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an instrument made under the old Act or regulations made under the old Act.

Item 13 - Legal proceedings involving the Health Secretary

This item applies if, immediately before the transition time, the Health Secretary is a party to proceedings instituted by, or against, the Health Secretary under the old NHS Act in any court or tribunal. This provision would transfer all such legal proceedings over to the Director-General at and after the transition time.

Item 14 - Temporary additions to the National Notifiable Disease List

This item ensures that any determinations (for temporary variations of the NNDL) made by the CMO under subsection 12(1) of the old NHS Act will be considered to be made by the Director-General of the CDC under the new NHS Act at and after the transition time. This is intended to allow any such existing determinations made by the CMO to remain valid after the amendments to this Bill commence, even though the power to make the determinations will transfer from the CMO to the Director-General of the CDC (due to Item 19 of Schedule 1).

Part 4 – Provisions relating to the amendment of the National Occupational Respiratory Disease Registry Act 2023

Item 15 - Things done by, or in relation to, the Commonwealth Chief Medical Officer

This item transfers specific decisions made by the CMO to be taken as decisions made by the Director-General. Item 15(1) is a general provision that covers all things done by, or in relation to, the CMO as having been done by, or in relation to the Director-General of the CDC at and after the transition time.

For example, under subsection 18(1) of the NORDR Act, where, if a prescribed medical practitioner has notified the CMO of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the CMO, or a contracted service provider, may request, in writing, the individual to give the CMO, or the contracted service provider, additional notification information in relation to the individual as specified in the request. Any such requests made by the CMO before transition time would be taken as if the Director-General had made the initial request at and after the transition time.

The item 15(2) notes that the transitional rules may specify things done by, or in relation to, the CMO, that would not be considered having been done by, or in relation to, the Director-General of the CDC.

Item 16 - References to the Commonwealth Chief Medical Officer in instruments

Item 16 ensures that references to the CMO in all relevant instruments that were in operation immediately before the transition time, made under the old NORDR Act, are taken to be a reference to the Director-General at and after the transition time.

Item 16(3) ensures that subitem 16(2) does not apply in relation to a specified instrument or a specified reference.

Item 16(4) does not prevent the instrument from being amended or repealed after the commencement of this item.

In item 16(5), the term instrument includes:

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a contract, deed, undertaking, arrangement or agreement entered into by the CMO; and

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a notice, authority, order of instruction issued by the CMO; and

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an instrument made under the old NORDR Act or rules made under the old NORDR Act.

Item 17 - Legal proceedings involving the Commonwealth Chief Medical Officer or Health Secretary

This item applies if, immediately before the transition time, the CMO is a party to proceedings instituted by, or against, the CMO under the old NORDR Act in any court or tribunal. This provision would transfer all such legal proceedings over to the Director-General of the CDC at and after the transition time.

This item also applies if, immediately before the transition time, the Health Secretary is a party to proceedings instituted by, or against, the Health Secretary under the old NORDR Act in any court or tribunal. This provision would transfer all such legal proceedings over to the Director-General of the CDC upon commencement of the new CDC Bill.

Abbreviations, acronyms and commonly used terms