Health Legislation Amendment Act 2022 (ACT)

Case

Health Legislation Amendment Act 2022

A2022-24

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Medicines, Poisons and Therapeutic Goods Act 2008

4            Application of Commonwealth therapeutic goods laws to ACTNew section 157 (3)  3

Part 3Tobacco and Other Smoking Products Act 1927

5            What is a compliance test?Section 42B (1) (a)  4

6            Section 42B (1) (b)  4

7           Approval of compliance testing programsSection 42C (2) (a)  4

8            No vending machines authorisedSection 49A  5

9            Retail tobacconist must obtain smoking products from licensed wholesalerNew section 67 (4) and (5)  5

Part 4Transplantation and Anatomy Act 1978

10          Disclosure of informationNew section 49 (4) (aa)  6

11          Section 49 (4) (c)  6

12          New section 49 (5) and (6)  6

Health Legislation Amendment Act 2022

A2022-24

An Act to amend legislation about health, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Health Legislation Amendment Act 2022.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Medicines, Poisons and Therapeutic Goods Act 2008

    ·     Tobacco and Other Smoking Products Act 1927

    ·     Transplantation and Anatomy Act 1978.

Part 2Medicines, Poisons and Therapeutic Goods Act 2008

  1. Application of Commonwealth therapeutic goods laws to ACT
    New section 157 (3)

    after the note, insert

    (3)The Commonwealth therapeutic goods laws also apply as if they extended to—

    (a)an act done or omitted to be done by a person who is not a corporation; and

    (b)an act done or omitted to be done in the course of trade or commerce within the limits of the Territory.

Part 3Tobacco and Other Smoking Products Act 1927

  1. What is a compliance test?
    Section 42B (1) (a)

    omit

    tobacco products

    substitute

    smoking products

  2. Section 42B (1) (b)

    omit

    tobacco product

    substitute

    smoking product

  3. Approval of compliance testing programs
    Section 42C (2) (a)

    omit

    tobacco products

    substitute

    smoking products

  4. No vending machines authorised
    Section 49A

    omit

    tobacco products

    substitute

    smoking products

  5. Retail tobacconist must obtain smoking products from licensed wholesaler
    New section 67 (4) and (5)

    insert

    (4)Subsection (1) does not apply if the holder of a retail tobacconist’s licence—

    (a)operates a community pharmacy; and

    (b)obtains a personal vaporiser or personal vaporiser related product—

    (i)that is a medicine; and

    (ii)from someone who is not the holder of a wholesale tobacco merchant’s licence.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

    (5)In this section:

    community pharmacy—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

    medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11.

Part 4Transplantation and Anatomy Act 1978

  1. Disclosure of information
    New section 49 (4) (aa)

    insert

    (aa)to a next of kin of a deceased person for the purposes of the Births, Deaths and Marriages Registration Act 1997, section 38A (3); or

  2. Section 49 (4) (c)

    substitute

    (c)with the consent of—

    (i)the person to whom the information relates (the relevant person); or

    (ii)if the relevant person is a child or young person—a person with parental responsibility for the relevant person; or

    (iii)if the relevant person is a legally incompetent person—a guardian of, or power of attorney for, the relevant person; or

    (iv)if the relevant person is a deceased person to whom subsection (1) (a) applies—the relevant person’s next of kin or legal personal representative; or

  3. New section 49 (5) and (6)

    insert

    (5)For subsection (4) (c), the definition of next of kin in the dictionary does not apply.

    (6)In this section:

    legally incompetent person means a person who is subject to—

    (a)an enduring power of attorney that has become operative; or

    (b)a guardianship order.

    person with parental responsibility, for a child or young person, means a parent or someone else with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 4 May 2022.

  2. Notification

    Notified under the Legislation Act on 9 December 2022.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Health Legislation Amendment Bill 2022, which was passed by the Legislative Assembly on 24 November 2022.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2022

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