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This Act may be cited as the National Blood Authority Act 2003.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 15 April 2003 |
2. Sections 3 to 45 | Either: (a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or (b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3) | 1 July 2003 (paragraph (a) applies) |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
blood products and services means:
products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:
consist of human blood or components of human blood; or
are derived from human blood; or
products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:
are alternative or complementary to the use of blood products; and
are regarded as blood‑related products for the National Blood Agreement; or
services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:
are used in the collection, supply or use of blood products or blood‑related products; or
are alternatives to the use of blood products or blood‑related products; or
reduce the need for blood products or blood‑related products; or
otherwise affect the demand or supply of blood products or blood‑related products.
blood‑related information has the meaning given by subsection 10(4).
Board means the NBA Board established by section 12.
Chair means the Chair of the Board.
covered Territories means the following:
the Australian Capital Territory;
the Northern Territory;
Norfolk Island;
the Territory of Christmas Island;
the Territory of Cocos (Keeling) Islands;
the Australian Antarctic Territory;
the Jervis Bay Territory.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
General Manager means the General Manager (described in Part 4) of the NBA.
Ministerial Council has the same meaning as in the National Blood Agreement.
National Blood Agreement means the national blood agreement that:
relates to matters in this Act (in particular the supply of blood products and services); and
is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and
is in force from time to time.
national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.
NBA means the National Blood Authority established by section 7.
NBA staff means the staff described in section 36.
The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.
This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.
This Act extends to each external Territory.
The National Blood Authority is established by this section.
The NBA consists of the General Manager and the NBA staff.
The NBA does not have a legal identity separate from the Commonwealth.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the NBA is a listed entity; and
the General Manager is the accountable authority of the NBA; and
the following persons are officials of the NBA:
the General Manager;
the NBA staff;
consultants engaged under section 37; and
the purposes of the NBA include the functions of the NBA referred to in section 8.
The NBA’s functions are as follows:
to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;
to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;
to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;
to carry out national blood arrangements relating to the funding of:
the supply of blood products and services; and
the NBA’s operations;
to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;
to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;
to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;
to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;
to provide assistance:
in accordance with national blood arrangements, to a committee referred to in those arrangements; and
to the Board; and
to the advisory committees (if any) established under section 38;
such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.
The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).
The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.
The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.
The NBA must comply with the policy principles (if any) when performing its functions.
Requirements to give information
The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:
written answers to questions specified in the notice;
such documents, or copies of documents, as are described in the notice.
Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.
For document, see section 2B of the Acts Interpretation Act 1901.
A notice given under subsection (1) must specify:
the time by which the information must be given, which must be at least 14 days after the day the notice was given; and
how the information must be given.
Who may be required to give information
A notice may be given under subsection (1) to:
the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or
a supplier of blood products and services in Australia; or
an importer of blood products and services into Australia; or
a person specified in the regulations.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
Information that may be required to be given
Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:
demand for blood products and services;
supplying blood products and services (including their receipt by a hospital);
forecasting:
donations of human blood; or
supplies of blood products and services;
benchmarking a person’s performance in respect of a matter relating to blood products and services;
cost of blood products and services;
safety and quality of blood products and services;
possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.
Offence for failing to comply with a requirement
A person commits an offence if the person fails to comply with a requirement under subsection (1).
Penalty: 30 penalty units.
Self‑incrimination
A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.
A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Compensation for giving documents
A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).
A person commits an offence if:
the person discloses a fact or document; and
the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and
the disclosure is not made in the course of the person’s official employment.
Penalty: Imprisonment for 2 years.
In this section:
official employment means:
service as the General Manager or as a member of the NBA staff; or
service as a Board member; or
the performance of services for the NBA or the Board.
The NBA Board is established by this section.