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Health Legislation Amendment Bill (No. 2) 2000
Schedule 1 Amendment of the National Health and Medical Research Council Act 1992

   

1  Section 4 (paragraph (b) of the definition of reviewable action )

Omit “Medical”.

2  Subsection 8(3)

Omit “12, 13 and 14” (wherever occurring), substitute “13, 14, 14A and 14B”.

3  Sections 12 and 13

Repeal the sections, substitute:

12   Consultation by the Council before making a regulatory recommendation or engaging in certain other activities

             (1)  Subject to sections 14 and 14B, before the Council:

                     (a)  makes a regulatory recommendation; or

                     (b)  engages in any other prescribed activity (other than issuing guidelines);

the Council must consult persons or bodies in accordance with the steps set out in this section.

             (2)  As soon as practicable after deciding that, subject to consultation processes, it intends to make a regulatory recommendation or engage in a prescribed activity (other than issuing guidelines), the Council must publish a notice, in the manner and form specified in the regulations:

                     (a)  stating its intention to make the recommendation or engage in the activity; and

                     (b)  inviting persons or bodies to make submissions relating to the proposed recommendation or activity in accordance with the procedures, and within the period, specified in the notice.

             (3)  As soon as practicable after the end of the period specified under paragraph (2)(b), the Council must, having regard to any submissions received pursuant to the invitation referred to in that paragraph:

                     (a)  prepare a draft of the regulatory recommendation that the Council proposes to make or an outline of the prescribed activity in which the Council proposes to engage and publish a notice, in the manner and form specified in the regulations:

                              (i)  containing a summary of the draft recommendation or the outline of the activity; and

                             (ii)  stating, in the case of a draft recommendation, where copies of the draft recommendation can be obtained; and

                            (iii)  inviting persons or bodies to make submissions relating to the draft recommendation or the outline of the activity in accordance with the procedures, and within the period, specified in the notice; or

                     (b)  publish, in the manner and form specified in the regulations, a notice stating that it no longer proposes to make the recommendation or engage in the prescribed activity.

             (4)  The Council must have regard to any submissions received pursuant to the invitation referred to in subparagraph (3)(a)(iii) before making the recommendation or engaging in the activity.

13   Consultation by the Council before issuing guidelines

             (1)  Subject to sections 14 and 14B, before the Council issues guidelines, the Council must:

                     (a)  prepare a draft of the guidelines that the Council proposes to issue; and

                     (b)  publish a notice, in the manner and form specified in the regulations:

                              (i)  containing a summary of the draft guidelines; and

                             (ii)  stating where copies of the draft guidelines can be obtained; and

                            (iii)  inviting persons or bodies to make submissions relating to the draft guidelines in accordance with the procedures, and within the period, specified in the notice.

             (2)  The Council must have regard to any submissions received pursuant to the invitation referred to in subparagraph (1)(b)(iii) before issuing the guidelines.

4  Paragraph 14(1)(a)

After “12”, insert “or 13”.

5  Subsection 14(2)

After “12(3)(a)”, insert “or 13(1)(b)”.

6  After section 14

Insert:

14A   Approval by Council of guidelines

                   The Council may approve guidelines prepared by another person or body if, and only if, the Council is satisfied that the other person or body, before submitting the guidelines to the Council for its approval:

                     (a)  prepared a draft of the guidelines that it proposed to submit to the Council; and

                     (b)  published a notice, in a manner and form acceptable to the Council:

                              (i)  containing a summary of the draft guidelines; and

                             (ii)  stating where copies of the draft guidelines could be obtained; and

                            (iii)  inviting persons or bodies to make submissions relating to the draft in accordance with the procedures, and within the period, specified in the notice; and

                     (c)  had regard to any submissions received pursuant to the invitation referred to in subparagraph (b)(iii).

14B   Consultation by Council may be dispensed with or modified in certain circumstances

             (1)  If the Council is satisfied that a proposed regulatory recommendation, or proposed prescribed activity, referred to in section 12, or proposed guidelines referred to in section 13 or 14A, raise issues that are of minor significance only, the Council may omit all or any of the steps set out in section 12, 13 or 14A, as the case may be.

             (2)  If the Council proposes to omit all or any of the steps set out in section 12, 13 or 14A, the Council must publish a notice, in the manner and form, and within the period, specified in the regulations, stating its reasons for so proposing.

7  Section 35

Omit “Medical Research Committee” (wherever occurring), substitute “Research Committee”.

8  Paragraph 35(2)(c)

After “medical research”, insert “and public health research”.

9  After section 37

Insert:

37A   Provisions relating to meetings of Principal Committees and the Executive Committee and appointment and duties of Deputy Chairpersons of those Committees

             (1)  The Chairperson of a Principal Committee or of the Executive Committee is to preside at any meeting of that Committee at which he or she is present.

             (2)  A Principal Committee or the Executive Committee may, by resolution:

                     (a)  appoint one of its members other than the Chairperson of that Committee to be the Deputy Chairperson of that Committee; and

                     (b)  revoke an appointment so made.

             (3)  In the absence of the Chairperson of a Principal Committee or the Executive Committee from the meeting of that Committee at which the Deputy Chairperson of that Committee is present, the Deputy Chairperson is to preside.

             (4)  If the Chairperson of a Principal Committee or of the Executive Committee is absent from Australia or is unable because of illness or for any other reason to perform any of the functions or duties, or exercise any of the powers, of his or her office, the Deputy Chairperson of that Committee may perform those functions or duties or exercise those powers.

             (5)  When the Deputy Chairperson of a Principal Committee or of the Executive Committee is performing functions or duties or exercising powers under subsection (4), a reference in this Act to the Chairperson of that Committee is taken to be a reference to the Deputy Chairperson of that Committee.

10  Subparagraph 38(b)(iii)

After “Chairperson”, insert “and the Deputy Chairperson”.

11  Subsection 39(1)

Omit “A Principal”, substitute “The Council or a Principal”.

12  Subsection 39(2)

After “appointed by”, insert “the Council or”.

13  Subsection 39(5)

Omit all the words before paragraph (a), substitute:

                   If the Council or a Principal Committee establishes a working committee under subsection (1), the Council or the Principal Committee, as the case may be, must determine:

14  After subsection 42(2)

Insert:

          (2A)  The Chairperson of the Council may grant a member of a working committee established by the Council leave of absence from his or her duties on the working committee on such terms and conditions as the Chairperson of the Council determines.

15  Subsection 43(3)

Repeal the subsection, substitute:

             (3)  A member of a working committee established by the Council may resign his or her office by delivering to the Chairperson of the Council a written notice signed by the member.

             (4)  A member of a working committee established by a Principal Committee may resign his or her office by delivering to the Chairperson of that Principal Committee a written notice signed by the member.

16  Subsection 44(4) (paragraph (c) of the definition of appropriate authority )

Repeal the paragraph, substitute:

                     (c)  in the case of a working committee established by the Council—the Chairperson of the Council;

                     (d)  in the case of a working committee established by a Principal Committee—the Chairperson of that Principal Committee.

17  Paragraph 56(2)(c)

Omit “Medical”.

18  Paragraph 67(1)(a)

Omit “Medical”.

19  Before paragraph 82(2)(a)

Insert:

                    (aa)  the Chairperson of the Council;

20  After paragraph 82(2)(b)

Insert:

                   (ba)  a working committee established by the Council;