Defence for use of information authorised under the Australian Centre for Disease Control Act 2025
24A Defence for use of information authorised under the Australian Centre for Disease Control Act 2025
Section 21 does not apply if:
a person obtains protected information; and
the person makes a record of, or discloses or otherwise uses, the information; and
the record, disclosure or use is authorised under the Australian Centre for Disease Control Act 2025.
A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.
24 Subsection 28(1)
Omit all the words after “Part”, substitute:
to any of the following:
an SES employee, or an acting SES employee, in the Department;
an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.
25 Subsection 29(2)
Omit “of the Department”, substitute “prepared by the Director‑General of the CDC and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013”.
26 Section 34 (heading)
Omit “Department’s”, substitute “Australian Centre for Disease Control’s”.
27 Section 34
Omit “Department’s”, substitute “Australian Centre for Disease Control’s”.
28 After paragraph 92(a)
Insert:
the Australian Centre for Disease Control Act 2025; or
29 Subsection 94(1)
Omit all the words after “Part”, substitute:
to any of the following:
an SES employee, or an acting SES employee, in the Department;
an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.
30 Amendments of listed provisions—substituting references to Secretary with references to Director‑General of the CDC
Substituting references to Secretary with references to Director‑General of the CDC | |||
|---|---|---|---|
Item | Provision | Omit | Substitute |
1 | Paragraph 9(a) | Secretary | Director‑General of the CDC |
2 | Paragraph 9(b) | Secretary | Director‑General |
3 | Subsection 29(1) | Secretary | Director‑General of the CDC |
4 | Section 34 | Secretary | Director‑General of the CDC |
5 | Subsection 36(2) | Secretary | Director‑General of the CDC |
6 | Section 37 | Secretary (first occurring) | Director‑General of the CDC |
7 | Section 37 | Secretary (second occurring) | Director‑General |
8 | Subsection 38(1) | Secretary (first occurring) | Director‑General of the CDC |
9 | Paragraph 38(1)(a) | Secretary | Director‑General |
10 | Subsection 38(2) | Secretary | Director‑General of the CDC |
11 | Subsection 38B(1) | Secretary | Director‑General of the CDC |
12 | Subsection 38F(1) | Secretary (first occurring) | Director‑General of the CDC |
13 | Paragraph 38F(1)(c) | Secretary | Director‑General |
14 | Subsection 38F(2) | Secretary (first occurring) | Director‑General of the CDC |
15 | Subsection 38F(2) | Secretary (second occurring) | Director‑General |
16 | Paragraph 38G(1)(a) | Secretary | Director‑General of the CDC |
17 | Paragraph 38G(1)(b) | Secretary | Director‑General |
18 | Section 38H (heading) | Secretary | Director‑General of the CDC |
19 | Subsection 38H(1) | Secretary (first occurring) | Director‑General of the CDC |
20 | Paragraph 38H(1)(b) | Secretary | Director‑General |
21 | Subsection 38H(2) | Secretary (first occurring) | Director‑General of the CDC |
22 | Subsection 38H(2) | Secretary (second occurring) | Director‑General |
23 | Subsection 38H(3) (note 1) | Secretary | Director‑General of the CDC |
24 | Section 38J (heading) | Secretary | Director‑General of the CDC |
25 | Paragraph 38J(1)(a) | Secretary | Director‑General of the CDC |
26 | Paragraph 38J(1)(b) | Secretary | Director‑General |
27 | Paragraph 38K(1)(b) | Secretary | Director‑General of the CDC |
28 | Subsection 38K(2) | Secretary (first occurring) | Director‑General of the CDC |
29 | Paragraph 38K(2)(b) | Secretary | Director‑General |
30 | Subsection 38K(3) | Secretary (first occurring) | Director‑General of the CDC |
31 | Subsection 38K(3) | Secretary (second occurring) | Director‑General |
32 | Subsection 38K(4) | Secretary | Director‑General of the CDC |
33 | Paragraph 38L(1)(a) | Secretary | Director‑General of the CDC |
34 | Paragraph 38L(1)(b) | Secretary | Director‑General |
35 | Subsection 38M(1) | Secretary (first occurring) | Director‑General of the CDC |
36 | Paragraph 38M(1)(a) | Secretary | Director‑General |
37 | Subsection 38M(2) | Secretary (first occurring) | Director‑General of the CDC |
38 | Subsection 38M(2) | Secretary (second occurring) | Director‑General |
39 | Paragraph 38N(1)(a) | Secretary | Director‑General of the CDC |
40 | Paragraph 38N(1)(b) | Secretary | Director‑General |
41 | Subsection 38P(2) | Secretary (first occurring) | Director‑General of the CDC |
42 | Subsection 38P(2) | Secretary (second occurring) | Director‑General |
43 | Subsection 39(1) (note) | Secretary | Director‑General of the CDC |
44 | Paragraph 41(1)(d) | Secretary | Director‑General of the CDC |
45 | Subsection 41(2) | Secretary (first occurring) | Director‑General of the CDC |
46 | Subsection 41(2) | Secretary (second occurring) | Director‑General |
47 | Subsection 41(3) | Secretary (first occurring) | Director‑General of the CDC |
48 | Subsection 41(3) | Secretary (second and third occurring) | Director‑General |
49 | Section 42 (heading) | Secretary | Director‑General of the CDC |
50 | Subsection 42(1) | Secretary (first occurring) | Director‑General of the CDC |
51 | Paragraph 42(1)(b) | Secretary (second occurring) | Director‑General |
52 | Paragraph 42(3)(a) | Secretary | Director‑General of the CDC |
53 | Section 43 (heading) | Secretary | Director‑General of the CDC |
54 | Paragraph 43(1)(a) | Secretary | Director‑General of the CDC |
55 | Paragraph 43(1)(b) | Secretary | Director‑General |
56 | Section 44 (heading) | Secretary | Director‑General of the CDC |
57 | Subsection 44(1) | Secretary (first occurring) | Director‑General of the CDC |
58 | Subsection 44(1) | Secretary (second occurring) | Director‑General |
59 | Subsection 44(2) | Secretary (first occurring) | Director‑General of the CDC |
60 | Paragraph 44(2)(a) | Secretary (wherever occurring) | Director‑General |
61 | Subsection 44(3) | Secretary | Director‑General of the CDC |
62 | Subsection 44(4) | Secretary (first occurring) | Director‑General of the CDC |
63 | Paragraph 44(4)(c) | Secretary | Director‑General |
64 | Subsection 44(5) | Secretary | Director‑General of the CDC |
65 | Subsection 44(5) | Secretary’s | Director‑General’s |
66 | Section 45 (heading) | Secretary | Director‑General of the CDC |
67 | Subsection 45(1) | Secretary (first occurring) | Director‑General of the CDC |
68 | Paragraph 45(1)(a) | Secretary | Director‑General |
69 | Subsection 45(2) | Secretary (first occurring) | Director‑General of the CDC |
70 | Subsection 45(2) | Secretary (second and third occurring) | Director‑General |
71 | Subsection 45(2) (note 1) | Secretary (first occurring) | Director‑General of the CDC |
72 | Subsection 45(2) (note 1) | Secretary (second occurring) | Director‑General |
73 | Subsection 45(2) (note 2) | Secretary | Director‑General of the CDC |
74 | Section 47 (heading) | Secretary | Director‑General of the CDC |
75 | Subsection 47(1) | Secretary (first occurring) | Director‑General of the CDC |
76 | Paragraph 47(1)(b) | Secretary | Director‑General |
77 | Subsection 47(2) | Secretary | Director‑General of the CDC |
78 | Subsection 47(3) (note) | Secretary | Director‑General of the CDC |
79 | Subsections 47(4), (5), (6) and (7) | Secretary | Director‑General of the CDC |
80 | Subsection 47(9) | Secretary (first occurring) | Director‑General of the CDC |
81 | Subsection 47(9) | Secretary (second occurring) | Director‑General |
82 | Section 48 (heading) | Secretary | Director‑General of the CDC |
83 | Paragraph 48(1)(b) | Secretary | Director‑General of the CDC |
84 | Subsection 48(3) | Secretary | Director‑General of the CDC |
85 | Paragraph 48(5)(a) | Secretary | Director‑General of the CDC |
86 | Paragraph 48A(2)(a) | Secretary | Director‑General of the CDC |
87 | Section 49 (heading) | Secretary | Director‑General of the CDC |
88 | Subsection 49(1) | Secretary (first occurring) | Director‑General of the CDC |
89 | Subsection 49(1) | Secretary (second occurring) | Director‑General |
90 | Subsection 49(2) | Secretary (first occurring) | Director‑General of the CDC |
91 | Paragraph 49(2)(a) | Secretary (wherever occurring) | Director‑General |
92 | Subsection 49(3) | Secretary | Director‑General of the CDC |
93 | Subsection 49(4) | Secretary (first occurring) | Director‑General of the CDC |
94 | Paragraph 49(4)(b) | Secretary | Director‑General |
95 | Subsection 49(5) | Secretary | Director‑General of the CDC |
96 | Subsection 49(5) | Secretary’s | Director‑General’s |
97 | Section 50 (heading) | Secretary | Director‑General of the CDC |
98 | Subsection 50(1) | Secretary (first occurring) | Director‑General of the CDC |
99 | Paragraph 50(1)(a) | Secretary | Director‑General |
100 | Subsection 50(2) | Secretary (first occurring) | Director‑General of the CDC |
101 | Subsection 50(2) | Secretary (second and third occurring) | Director‑General |
102 | Subsection 50(2) (note 2) | Secretary | Director‑General of the CDC |
103 | Section 52 (heading) | Secretary | Director‑General of the CDC |
104 | Subsection 52(1) | Secretary (first occurring) | Director‑General of the CDC |
105 | Paragraph 52(1)(c) | Secretary | Director‑General |
106 | Subsections 52(2), (3), (4), (5), (6) and (7) | Secretary | Director‑General of the CDC |
107 | Subsection 52(9) | Secretary (first occurring) | Director‑General of the CDC |
108 | Subsection 52(9) | Secretary (second occurring) | Director‑General |
109 | Section 53 (heading) | Secretary | Director‑General of the CDC |
110 | Subsection 53(1) | Secretary | Director‑General of the CDC |
111 | Subsection 53(2) | Secretary (first occurring) | Director‑General of the CDC |
112 | Subsection 53(2) | Secretary (second, third and fourth occurring) | Director‑General |
113 | Subsection 53(2) (note 2) | Secretary | Director‑General of the CDC |
114 | Subsection 53(3) | Secretary (first occurring) | Director‑General of the CDC |
115 | Subsection 53(3) | Secretary (second, third, fourth and fifth occurring) | Director‑General |
116 | Section 55AA (heading) | Secretary | Director‑General of the CDC |
117 | Subsection 55AA(2) | Secretary | Director‑General of the CDC |
118 | Paragraph 55AA(3)(a) | Secretary | Director‑General of the CDC |
119 | Paragraph 55AA(3)(c) | Secretary (wherever occurring) | Director‑General |
120 | Section 55AB | Secretary (first occurring) | Director‑General of the CDC |
121 | Paragraph 55AB(b) | Secretary | Director‑General |
122 | Section 55AC (heading) | Secretary | Director‑General of the CDC |
123 | Subsection 55AC(1) | Secretary (first occurring) | Director‑General of the CDC |
124 | Subsection 55AC(1) | Secretary (second occurring) | Director‑General |
125 | Subsection 55AC(3) | Secretary (first occurring) | Director‑General of the CDC |
126 | Subsection 55AC(3) | Secretary (second and third occurring) | Director‑General |
127 | Section 55A | Secretary (wherever occurring) | Director‑General of the CDC |
128 | Subsection 57(1) | Secretary | Director‑General of the CDC |
129 | Subsection 57(2) (heading) | Secretary | Director‑General of the CDC |
130 | Subsection 57(2) | Secretary (first occurring) | Director‑General of the CDC |
131 | Subsection 57(2) | Secretary (second, third and fourth occurring) | Director‑General |
132 | Subsection 57(2B) | Secretary | Director‑General of the CDC |
133 | Subsection 57(4) (heading) | Secretary | Director‑General of the CDC |
134 | Subsection 57(4) | Secretary (first occurring) | Director‑General of the CDC |
135 | Subsection 57(4) | Secretary (second, third and fourth occurring) | Director‑General |
136 | Subsection 57(4) (note 1) | Secretary | Director‑General of the CDC |
137 | Subsection 57(4A) | Secretary (first occurring) | Director‑General of the CDC |
138 | Subsection 57(4A) | Secretary (second and third occurring) | Director‑General |
139 | Section 59 (heading) | Secretary | Director‑General of the CDC |
140 | Subsection 59(1) | Secretary | Director‑General of the CDC |
141 | Subsection 59(2) | Secretary (first occurring) | Director‑General of the CDC |
142 | Subsection 59(2) | Secretary (second and third occurring) | Director‑General |
143 | Subsection 59(2) (note 1) | Secretary | Director‑General of the CDC |
144 | Section 60AA (heading) | Secretary | Director‑General of the CDC |
145 | Subsection 60AA(1) | Secretary | Director‑General of the CDC |
146 | Paragraph 60AA(2)(a) | Secretary | Director‑General of the CDC |
147 | Paragraph 60AA(2)(d) | Secretary (wherever occurring) | Director‑General |
148 | Subsection 60AA(3) | Secretary | Director‑General of the CDC |
149 | Section 60AB | Secretary (first occurring) | Director‑General of the CDC |
150 | Paragraph 60AB(b) | Secretary | Director‑General |
151 | Subsection 60AC(1) | Secretary | Director‑General of the CDC |
152 | Subsections 60AD(1) and (2) | Secretary | Director‑General of the CDC |
153 | Paragraph 60AD(3)(a) | Secretary | Director‑General of the CDC |
154 | Paragraph 60AD(3)(d) | Secretary (wherever occurring) | Director‑General |
155 | Section 60AE (heading) | Secretary | Director‑General of the CDC |
156 | Paragraph 60AE(1)(a) | Secretary | Director‑General of the CDC |
157 | Paragraph 60AE(1)(b) | Secretary | Director‑General |
158 | Section 60AF (heading) | Secretary | Director‑General of the CDC |
159 | Paragraph 60AF(1)(a) | Secretary | Director‑General of the CDC |
160 | Subsection 60AF(2) | Secretary | Director‑General of the CDC |
161 | Paragraph 60AF(5)(a) | Secretary | Director‑General of the CDC |
162 | Section 60AG (heading) | Secretary | Director‑General of the CDC |
163 | Paragraph 60AG(1)(a) | Secretary | Director‑General of the CDC |
164 | Paragraph 60AG(1)(b) | Secretary | Director‑General |
165 | Paragraph 60AH(2)(a) | Secretary | Director‑General of the CDC |
166 | Section 60AK | Secretary | Director‑General of the CDC |
167 | Section 60AM (heading) | Secretary | Director‑General of the CDC |
168 | Subsections 60AM(1) and (2) | Secretary | Director‑General of the CDC |
169 | Subsection 60AM(3) | Secretary (first occurring) | Director‑General of the CDC |
170 | Subsection 60AM(3) | Secretary (second and third occurring) | Director‑General |
171 | Paragraph 60AO(1)(b) | Secretary | Director‑General of the CDC |
172 | Subsection 60AO(2) | Secretary (first occurring) | Director‑General of the CDC |
173 | Subsection 60AO(2) | Secretary (second, third and fourth occurring) | Director‑General |
174 | Subsection 60AO(3) | Secretary (first occurring) | Director‑General of the CDC |
175 | Subsection 60AO(3) | Secretary (second, third and fourth occurring) | Director‑General |
176 | Paragraph 60A(2)(b) | Secretary | Director‑General of the CDC |
177 | Section 61 (heading) | Secretary | Director‑General of the CDC |
178 | Subsection 61(3) | Secretary | Director‑General of the CDC |
179 | Subsection 61(4) | Secretary (first occurring) | Director‑General of the CDC |
180 | Subsection 61(4) | Secretary (second occurring) | Director‑General |
181 | Subsections 62(1) and (2) | Secretary | Director‑General of the CDC |
182 | Section 63 | Secretary (wherever occurring) | Director‑General of the CDC |
183 | Subsections 64(1) and (3) | Secretary | Director‑General of the CDC |
184 | Paragraph 65(1)(d) | Secretary | Director‑General of the CDC |
185 | Paragraph 69(2)(b) | Secretary | Director‑General of the CDC |
186 | Subsection 70J(1) | Secretary | Director‑General of the CDC |
187 | Subsection 70J(2) | Secretary (first occurring) | Director‑General of the CDC |
188 | Subsection 70J(2) | Secretary (second and third occurring) | Director‑General |
189 | Subsection 70L(1) | Secretary (first occurring) | Director‑General of the CDC |
190 | Subsection 70L(1) | Secretary (second and third occurring) | Director‑General |
191 | Subsection 73(5) | Secretary | Director‑General of the CDC |
192 | Subsection 81(1) | Secretary | Director‑General of the CDC |
193 | Subsection 82(1) | Secretary (first occurring) | Director‑General of the CDC |
194 | Subsection 82(1) | Secretary (second occurring) | Director‑General |
195 | Subsections 82(2) and (3) | Secretary | Director‑General of the CDC |
196 | Subsection 82(4) | Secretary (first occurring) | Director‑General of the CDC |
197 | Paragraph 82(4)(b) | Secretary (wherever occurring) | Director‑General |
198 | Paragraph 83(1)(a) | Secretary | Director‑General of the CDC |
199 | Paragraph 83(1)(b) | Secretary | Director‑General |
200 | Section 84 (subparagraph (b)(ii) of the definition of protected information) | Secretary | Director‑General of the CDC |
201 | Section 85 (heading) | Secretary | Director‑General of the CDC |
202 | Subsection 85(1) | Secretary | Director‑General of the CDC |
203 | Section 88 (heading) | Secretary | Director‑General of the CDC |
204 | Subsection 88(1) | Secretary | Director‑General of the CDC |
205 | Section 94 (heading) | Secretary | Director‑General of the CDC |
206 | Subsection 94(1) | Secretary | Director‑General of the CDC |
207 | Subsection 94(2) | Secretary | Director‑General of the CDC |
208 | Subsection 94(2) | Secretary’s | Director‑General’s |
Part 3—Amendment of the National Occupational Respiratory Disease Registry Act 2023
National Occupational Respiratory Disease Registry Act 2023
31 Section 8
Insert:
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.
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.
32 Section 8 (definition of Secretary)
Repeal the definition.
33 Paragraph 28(2)(a)
Omit “Secretary”, substitute “Director‑General of the CDC”.
34 Paragraph 28(2)(b)
Omit “Department”, substitute “Australian Centre for Disease Control”.
35 Subsection 31(1)
Omit “Secretary”, substitute “Director‑General of the CDC”.
36 Paragraph 32(1)(b)
Omit “Department”, substitute “Australian Centre for Disease Control”.
37 Subsection 32(2)
Repeal the subsection.
38 Subsection 32(3)
Omit “or 31(2)”.
39 Subsection 32(3)
Omit “Department”, substitute “Australian Centre for Disease Control”.
40 Amendments of listed provisions—substituting references to Commonwealth Chief Medical Officer with references to Director‑General of the CDC
Substituting references to Commonwealth Chief Medical Officer with references to Director‑General of the CDC | ||||||
|---|---|---|---|---|---|---|
Item | Provision | Omit | Substitute | |||
1 | Section 4 | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
2 | Section 10 | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
3 | Section 12 | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
4 | Subsections 14(1) and (5) | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
5 | Subsections 15(1), (2), (3) and (4) | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
6 | Subsection 16(1) | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
7 | Subsection 16(2) | Commonwealth Chief Medical Officer (first occurring) | Director‑General of the CDC | |||
8 | Subsection 16(2) | Commonwealth Chief Medical Officer (second occurring) | Director‑General | |||
9 | Subsection 16(2) (note 2) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
10 | Subsection 16(3) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
11 | Subsections 17(1), (2) and (3) | Commonwealth Chief Medical Officer (wherever occurring) | Director‑General of the CDC | |||
12 | Section 18 (heading) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
13 | Subsection 18(1) | Commonwealth Chief Medical Officer (first occurring) | Director‑General of the CDC | |||
14 | Subsection 18(1) | Commonwealth Chief Medical Officer (second and third occurring) | Director‑General | |||
15 | Subsection 19(1) (heading) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
16 | Subsection 19(1) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
17 | Subsection 19(2) | Commonwealth Chief Medical Officer (first occurring) | Director‑General of the CDC | |||
18 | Subsection 19(2) | Commonwealth Chief Medical Officer (second occurring) | Director‑General | |||
19 | Subsection 19(3) (heading) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
20 | Subsection 19(3) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
21 | Subsection 19(3) | Commonwealth Chief Medical Officer’s | Director‑General’s | |||
22 | Section 20 | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
23 | Subparagraph 21(2)(f)(i) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
24 | Subsections 22(1) and (3) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
25 | Subsections 26(1), (2), (3) and (4) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
26 | Section 29 | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
27 | Section 30 | Commonwealth Chief Medical Officer (first occurring) | Director‑General of the CDC | |||
28 | Section 30 | Commonwealth Chief Medical Officer (second occurring) | Director‑General | |||
29 | Paragraph 31(2)(a) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
30 | Paragraph 31(2)(b) | Commonwealth Chief Medical Officer | Director‑General | |||
31 | Paragraph 32(1)(a) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
32 | Subsection 32(3) (heading) | Commonwealth Chief Medical Officer’s | Director‑General of the CDC’s | |||
33 | Subsection 32(3) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
34 | Subsection 32(3) | Commonwealth Chief Medical Officer’s | Director‑General’s | |||
35 | Paragraph 33(2)(a) | Commonwealth Chief Medical Officer | Director‑General of the CDC | |||
36 | Paragraph 33(2)(c) | Commonwealth Chief Medical Officer | Director‑General | |||
Part 4—Amendment of the Freedom of Information Act 1982
Freedom of Information Act 1982
41 Schedule 3
Before:
Australian Immunisation Register Act 2015, section 23 |
insert:
Australian Centre for Disease Control Act 2025, section 71 |
Part 5—Repeal of the Australian National Preventive Health Agency Act 2010
Australian National Preventive Health Agency Act 2010
42 The whole of the Act
Repeal the Act.
Schedule 2—Application, saving and transitional provisions
Part 1—General provisions
1 Definitions
In this Schedule:
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.
Expressions used in this Schedule that are defined for the purposes of the Australian Centre for Disease Control Act 2025 have the same meaning as in that Act.
2 Transitional—transfer of documents
This item applies to any records or documents that:
relate to a function or power of the Director‑General of the CDC under:
the Australian Centre for Disease Control Act 2025; or
the Biosecurity Act 2015; or
the National Health Security Act 2007; or
the National Occupational Respiratory Disease Registry Act 2023; and
immediately before the transition time, were in the possession of:
the Health Secretary; or
the Commonwealth Chief Medical Officer; or
an APS employee in the Health Department; or
a delegate of the Health Secretary or the Commonwealth Chief Medical Officer.
The records and documents are to be transferred to the Director‑General of the CDC after the transition time.
Any records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.
The transitional rules may provide that:
subitem (2) does not apply to specified records or documents; or
subitem (2) does not apply to records or documents that relate to a specified function or power of the Director‑General of the CDC.
Subitem (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
3 Enterprise Agreement
The Department of Health and Aged Care Enterprise Agreement:
continues, at and from the transition time, to cover and apply to APS employees:
who it covered and applied to immediately before the transition time; and
who, at the transition time, are members of the staff of the Australian Centre for Disease Control; and
covers and applies to APS employees who are at the classification levels covered by the Department of Health and Aged Care Enterprise Agreement whose employment as a member of the staff of the Australian Centre for Disease Control commences at or after the transition time.
(2) At and after the transition time, the Department of Health and Aged Care Enterprise Agreement covers and applies to the Director‑General of the CDC as the Agency Head of the APS employees who are members of the staff of the Australian Centre for Disease Control.
This item does not prevent the variation or termination of the Department of Health and Aged Care Enterprise Agreement in accordance with law.
This item does not prevent the terms and conditions of employment of APS employees who are members of the staff of the Australian Centre for Disease Control from being varied at or after the transition time:
in accordance with those terms and conditions; or
by or under a law.
This item does not affect the operation of section 58 of the Fair Work Act 2009.
Section 58 of that Act deals with the interaction between one or more enterprise agreements.
4 References in Enterprise Agreement
At and from the transition time, the Department of Health and Aged Care Enterprise Agreement has effect in relation to the Australian Centre for Disease Control as if:
a reference to the Secretary were a reference to the Director‑General of the CDC; and
a reference to the Department of Health and Aged Care, or the Department, were a reference to the Australian Centre for Disease Control.
To avoid doubt, this item does not prevent the Department of Health and Aged Care Enterprise Agreement from being varied or terminated at or after the transition time.
5 Transitional rules
The Health Minister may, by legislative instrument, make rules prescribing matters:
required or permitted by this Act to be prescribed by the rules; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
the amendments or repeals made by this Act; or
the enactment of the Australian Centre for Disease Control Act 2025.
Without limiting subitem (2), rules made for the purposes of that subitem before the end of the period of 12 months starting at the transition time may modify the operation of the provisions of this Act or the Australian Centre for Disease Control Act 2025 or any other Act or instrument.
To avoid doubt, the rules may not do the following:
create an offence or civil penalty;
provide powers of:
arrest or detention; or
entry, search or seizure;
impose a tax;
set an amount to be appropriated from the Consolidated Revenue Fund;
directly amend the text of this Act or the Australian Centre for Disease Control Act 2025.
This Schedule (other than subitem (4)) does not limit the rules that may be made for the purposes of subitem (1).
Part 2—Provisions relating to the amendment of the Biosecurity Act 2015
6 Things done by, or in relation to, the Commonwealth Chief Medical Officer
If, before the transition time, a thing was done by, or in relation to, the Commonwealth Chief Medical Officer, in the capacity of the Director of Human Biosecurity, for the purposes of:
the old Biosecurity Act; or
a legislative instrument made under the old Biosecurity Act;
then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Health Secretary in the capacity of the Director of Human Biosecurity.
Subitem (1) does not apply in relation to a determination made under subsection 42(1) of the old Biosecurity Act.
The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Commonwealth Chief Medical Officer, in the capacity of the Director of Human Biosecurity.
7 Saving of identity cards
An identity card issued to a chief human biosecurity officer or a human biosecurity officer under subsection 570(1) of the old Biosecurity Act before the transition time is taken, after that time, to have been issued under that subsection of the new Biosecurity Act.
If, immediately before the transition time, a form was approved by the Health Secretary for the purposes of paragraph 570(2)(a) of the old Biosecurity Act, the form is taken, at and after the transition time, to be approved by the Health Secretary, in the capacity of the Director of Human Biosecurity, for the purposes of that paragraph of the new Biosecurity Act.
8 Saving of listed human disease determinations
This item applies if a determination made under subsection 42(1) of the old Biosecurity Act is in force immediately before the transition time.
The determination has effect, at and after the transition time, as if it had been made by the Director‑General of the CDC in accordance with section 42 of the new Biosecurity Act.
9 Transitional—transfer of documents to Health Secretary
This item applies to any records or documents that:
relate to a function or power of the Director of Human Biosecurity under the Biosecurity Act 2015 (other than section 42 or 169 of that Act); and
immediately before the transition time, were in the possession of:
the Commonwealth Chief Medical Officer; or
an APS employee in the Health Department; or
a delegate of the Commonwealth Chief Medical Officer.
The records and documents are to be transferred to the Health Secretary after the transition time.
Any records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.
The transitional rules may provide that:
subitem (2) does not apply to specified records or documents; or
subitem (2) does not apply to records or documents that relate to a specified function or power of the Director of Human Biosecurity.
Subitem (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
10 Saving of delegations
Despite the repeal and substitution of section 544A of the Biosecurity Act 2015 a delegation under that section that was in force immediately before the transition time continues in force after that time as if it were made under section 544A of the new Biosecurity Act.
Part 3—Provisions relating to the amendment of the National Health Security Act 2007
11 Things done by, or in relation to, the Health Secretary
If, before the transition time, a thing was done by, or in relation to, the Health Secretary for the purposes of:
the old NHS Act; or
a legislative instrument made under the old NHS Act;
then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Director‑General of the CDC.
The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Health Secretary.
12 References to the Health Secretary in instruments
This item applies to an instrument if:
the instrument was made under the old NHS Act; and
the instrument was in force immediately before the transition time; and
the instrument contains a reference to the Health Secretary.
The instrument has effect, at and after the transition time, as if a reference in the instrument to the Health Secretary were a reference to the Director‑General of the CDC.
The transitional rules may provide that subitem (2) does not apply in relation to a specified instrument or a specified reference.
This item does not prevent the instrument from being amended or repealed after the commencement of this item.
In this item:
instrument includes:
a contract, deed, undertaking, arrangement or agreement; and
a notice, authority, order or instruction; and
an instrument made under the old NHS Act or regulations made under the old NHS Act.
13 Legal proceedings involving the Health Secretary
If, immediately before the transition time, the Health Secretary was a party to proceedings relating to the old NHS Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Secretary as a party to the proceedings at and after that time.
14 Temporary additions to the National Notifiable Disease List
If, immediately before the transition time:
a variation of the National Notifiable Disease List was in force under subsection 12(1) of the old NHS Act; and
the variation was made by the Commonwealth Chief Medical Officer;
then the variation has effect, at and after the transition time, as if it had been made by the Director‑General of the CDC.
Part 4—Provisions relating to the amendment of the National Occupational Respiratory Disease Registry Act 2023
15 Things done by, or in relation to, the Commonwealth Chief Medical Officer
If, before the transition time, a thing was done by, or in relation to, the Commonwealth Chief Medical Officer for the purposes of:
the old NORDR Act; or
a legislative instrument made under the old NORDR Act;
then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Director‑General of the CDC.
The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Commonwealth Chief Medical Officer.
16 References to the Commonwealth Chief Medical Officer in instruments
This item applies to an instrument if:
the instrument was made under the old NORDR Act; and
the instrument was in force immediately before the transition time; and
the instrument contains a reference to the Commonwealth Chief Medical Officer.
The instrument has effect, at and after the transition time, as if a reference in the instrument to the Commonwealth Chief Medical Officer were a reference to the Director‑General of the CDC.
The transitional rules may provide that subitem (2) does not apply in relation to a specified instrument or a specified reference.
This item does not prevent the instrument from being amended or repealed after the commencement of this item.
In this item:
instrument includes:
a contract, deed, undertaking, arrangement or agreement; and
a notice, authority, order or instruction; and
an instrument made under the old NORDR Act or rules made under the old NORDR Act.
17 Legal proceedings involving the Commonwealth Chief Medical Officer or Health Secretary
If, immediately before the transition time, the Commonwealth Chief Medical Officer was a party to proceedings relating to the old NORDR Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Commonwealth Chief Medical Officer as a party to the proceedings at and after that time.
If, immediately before the transition time, the Health Secretary was a party to proceedings relating to the old NORDR Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Health Secretary as a party to the proceedings at and after that time.
[Minister’s second reading speech made in—
House of Representatives on 3 September 2025
Senate on 27 October 2025] (69/25)
This Act’s bill:Explanatory memorandumSecond reading speech
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