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Health and Ageing Legislation Amendment Bill 2003 [2004]

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The Parliament of the

Commonwealth of Australia






Health and Ageing Legislation Amendment Bill 2003



(1)     Schedule 1, page 5 (after line 19), after item 4, insert:

4A  At the end of subsection 100B(1)

Add “on the basis of merit in accordance with section 100BA”.

[appointment by merit]

4B  After section 100B


100BA  Procedures for merit selection of committee members

             (1)  The Minister must by writing determine a code of practice for selecting and appointing members and acting members of the Pharmaceutical Benefits Advisory Committee that sets out general principles on which the selection and appointment is to be made, including but not limited to:

                     (a)  merit;

                     (b)  independent scrutiny of appointments;

                     (c)  probity;

                     (d)  openness and transparency.

             (2)  After determining a code of practice under subsection (1), the Minister must publish the code in the Gazette .

             (3)  Not later than every fifth anniversary after a code of practice has been determined, the Minister must review the code.

             (4)  In reviewing a code of practice, the Minister must invite the public to comment on the code.

             (5)  A code of practice determined under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

[transparent and scrutable appointment by merit]