Health Legislation Amendment (Regulatory Reform) Act 2024 (Vic)

Health Legislation Amendment (Regulatory Reform) Act 2024

No. 39 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Assisted Reproductive Treatment Act 2008

3Purposes

4Definitions

5Moving donated gametes or embryos into and out of Victoria

6Section 37 substituted and new sections 37A to 37E inserted

7Register to be kept by registered ART providers

8Information to be given to the Authority by registered ART providers

9Information to be given to Authority by doctors

10Information to be given to the Registrar by the Authority

11Information to be given to Authority by registered ART provider—register of pre‑1988 donor treatment procedures

12Information may be given to Authority by persons other than registered ART providers—pre‑1988 donor treatment procedures

13Authority to keep a Central Register

14Authority to correct Central Register on request

15Authority to correct or include information on Central Register without request

16Application for information on Central Register

17Application relating to person born as a result of pre‑1988 donor treatment procedure—access to public records

18Authority may request records—pre‑1988 donor treatment procedures

19Offence to disclose that Authority has requested records—pre‑1988 donor treatment procedures

20Authority may apply to Magistrates' Court for production order

21Hearing of application for production order

22Magistrates' Court may make production order

23Authority may request additional information in order to identify pre‑1998 donor

24Offence to disclose that Authority has requested additional information relating to donor or donor treatment procedures

25Authority may request genetic test results of suspected donor

26Authority may request genetic test results of relative of suspected donor

27Authority to be satisfied of relationship before disclosing information

28Disclosure of information that does not identify a person

29Disclosure of information to parent of person born as a result of donor treatment or donor

30Disclosure of information to persons born as a result of a donor treatment procedure

31Disclosure of information to persons descended from persons born as a result of donor treatment procedure

32Application for information on Central Register about donor siblings

33Section 61 repealed

34Notice to be given of intended disclosure

35Disclosure of information if pre‑1998 donor deceased or not located

36Information leading to location of donor

37Time limit for disclosure of identifying information about pre‑1998 donors

38Contact preference for pre‑1998 donors

39Duration of contact preferences lodged by pre‑1998 donors

40Amendment of contact preferences lodged by  pre‑1998 donors

41Withdrawal of contact preferences lodged by  pre‑1998 donors

42Undertaking required from applicant for identifying information relating to pre‑1998 donors

43Applications from children for information relating to pre‑1998 donors

44Contact preferences for persons born as a result of a donor treatment procedure—application for disclosure

45Form of contact preference

46Duration of contact preferences for person born as a result of donor treatment procedure

47Duration of contact preferences lodged by parent or guardian of person born as a result of donor treatment procedure

48Amendment of contact preferences lodged in relation to persons born as a result of a donor treatment procedure

49Withdrawal of contact preferences lodged in relation to persons born as a result of a donor treatment procedure

50Undertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure

51Confidentiality of information on the Central Register

52Confidentiality of other information provided to the Authority under this Part

53Confidentiality of information on the Central Register disclosed by the Authority

54New section 67AA inserted

55Section 67A substituted

56Authorisation of organisations

57Disclosure of information from Central Register to registered ART provider

58Heading to Part 7 amended

59Heading to Division 1 of Part 7 repealed

60Authority to keep Voluntary Register

61Information and matter to be entered in Voluntary Register

62Disclosure of information

63Sections 73 and 73A repealed

64Division 2 of Part 7 repealed

65Registration as an ART provider

66Section 75 substituted and new sections 75A to 75D inserted

67Suspension of registration

68Immediate suspension of registration

69New section 77A inserted

70Offence of failing to notify authority if RTAC accreditation no longer held

71Section 79 repealed

72Division 4 of Part 8 substituted

73Written reasons for decisions

74Part 10 substituted and new Parts 10A and 10B inserted

75Section 118 repealed

76Powers and duties of members of Authority to inspect documents

77Offence to obstruct or hinder

78Records identifying donor treatment procedure participants to be kept

78ANew section 123A inserted

79Regulations

80New Division 8 of Part 13 inserted

Part 3—Amendment of Births, Deaths and Marriages Registration Act 1996 and Human Tissue Act 1982

81Definitions

82Birth registration of child conceived by a treatment procedure

83Section 48A substituted

84Advertising restrictions

Part 4—Amendment of Drugs, Poisons and Controlled Substances Act 1981

85Definitions

86Incorporation of the Poisons Standard

87Amendment of Code

88Commencement of Poisons Code and incorporated materials

89New Division 18 of Part II inserted

90New Part VIAB inserted

91General regulations

Part 5—Amendment of Health Services Act 1988

92Definitions

93New Part 6BA inserted

94False and misleading statements

95Section 155 substituted

96Regulations

Part 6—Amendment of Non‑Emergency Patient Transport and First Aid Services Act 2003

97Definitions

98Review by VCAT

99Time period for making an application for review

100Offences relating to inspection

101New Divisions 1A to 1E of Part 4 inserted

102Regulations

Part 7—Amendment of Public Health and Wellbeing Act 2008

103Definitions

104New Divisions 2A and 2B of Part 10 inserted

105Review by the Secretary

Part 8—Amendment of Radiation Act 2005

106Definitions

107Functions of Secretary

108New Divisions 7B and 7C of Part 7 inserted

109Definitions

Part 9—Amendment of Safe Drinking Water Act 2003

110New Division 2A of Part 4 inserted

111Regulations

Part 10—Miscellaneous amendments

Division 1—Amendment of Assisted Reproductive Treatment Act 2008

112Statute law revision

Division 2—Amendment of Drugs, Poisons and Controlled Substances Act 1981

113Statute law revision

Division 3—Amendment of Epworth Foundation Act 1980

114Definitions

Division 4—Amendment of Health Services Act 1988

115Definitions

116Statute law revision

Division 5—Amendment of Public Health and Wellbeing Act 2008

117Immunity

118Statute law revision

Division 6—Amendment of Safe Drinking Water Act 2003

119Definitions

Part 11—Repeal of this Act

120Repeal of this Act

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Endnotes

1      General information

Health Legislation Amendment (Regulatory Reform) Act 2024

No. 39 of 2024

[Assented to 29 October 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Assisted Reproductive Treatment Act 2008—

(i)to abolish the Victorian Assisted Reproductive Treatment Authority; and

(ii)to provide for the employment of a Donor Conception Registrar; and

(iii)to transfer certain functions and powers from the Victorian Assisted Reproductive Treatment Authority to the Secretary and the Donor Conception Registrar; and

(iv)to further provide for bringing into Victoria or taking out of Victoria, donor gametes or embryos produced from donor gametes; and

(v)to remove mandatory counselling requirements for accessing information on the donor conception registers; and

(vi)to further provide for regulatory and enforcement matters; and

(vii)to further provide for the service of documents; and

(b)to amend the Drugs, Poisons and Controlled Substances Act 1981—

(i)to further provide for the amendment of the Poisons Code; and

(ii)to further provide for regulatory and enforcement matters; and

(iii)to further provide for the service of documents; and

(c)to amend the following Acts to further provide for regulatory and enforcement matters—

(i)the Health Services Act 1988;

(ii)the Non‑Emergency Patient Transport and First Aid Services Act 2003;

(iii)the Public Health and Wellbeing Act 2008;

(iv)the Radiation Act 2005;

(v)the Safe Drinking Water Act 2003; and

(d)to make minor miscellaneous amendments to the following Acts—

(i)the Assisted Reproductive Treatment Act 2008;

(ii)the Births, Deaths and Marriages Registration Act 1996;

(iii)the Drugs, Poisons and Controlled Substances Act 1981;

(iv)the Epworth Foundation Act 1980;

(v)the Health Services Act 1988;

(vi)the Human Tissue Act 1982;

(vii)the Public Health and Wellbeing Act 2008;

(viii)the Safe Drinking Water Act 2003.

2Commencement

(1)This Act (other than Parts 2 to 9) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), Parts 2 to 9 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 August 2025, it comes into operation on that day.

PART 2—AMENDMENT OF ASSISTED REPRODUCTIVE TREATMENT ACT 2008

3Purposes

In section 1 of the Assisted Reproductive Treatment Act 2008—

(a)paragraph (e) is repealed;

(b)in paragraph (f), for "Registrar of Births, Deaths and Marriages" substitute "Donor Conception Registrar".

4Definitions

(1)In section 3 of the Assisted Reproductive Treatment Act 2008 insert the following definitions—

"Donor Conception Registrar means a person who is employed as the Donor Conception Registrar under section 99;

enforceable undertaking means an undertaking given by a regulated person under section 116C;

enforceable undertaking order means an order made by the Magistrates' Court under section 116H(2);

general condition means a condition imposed under section 75;

improvement notice means a notice given under section 107;

information or document production notice means a notice given under section 116J;

Part 6 counsellor has the meaning given in section 67A;

prohibition notice means a notice given under section 113;

regulated person means a person who is—

(a)a registered ART provider; or

(b)a designated officer of a registered ART provider; or

(c)a doctor carrying out artificial insemination or assisted reproductive treatment (whether or not on behalf of a registered ART provider); or

(d)carrying out artificial insemination or assisted reproductive treatment under the supervision and direction of a doctor referred to in paragraph (c);

specific condition means a condition imposed under section 75A;".

(2)In section 3 of the Assisted Reproductive Treatment Act 2008—

(a)the definition of Authority is repealed;

(b)in the definition of Central Register, for "Authority" substitute "Donor Conception Registrar";

(c)in the definition of Secretary omit "and Human Services";

(d)in the definition of Voluntary Register, for "Authority" substitute "Donor Conception Registrar".

5Moving donated gametes or embryos into and out of Victoria

For section 36(2), (3), (4) and (5) of the Assisted Reproductive Treatment Act 2008 substitute—

"(2)Subsection (1) does not apply to a person if the person—

(a)brings donor gametes or an embryo produced from donor gametes into Victoria, or takes donor gametes or an embryo produced from donor gametes from Victoria, in accordance with this Act and the regulations; and

(b)complies with subsection (3) or (4) (as the case requires).

(3)Before a person brings donor gametes or an embryo produced from donor gametes into Victoria, the person must certify that—

(a)any payment made, any valuable consideration that is given or agreed to be given in connection with the donation or any agreement entered into for payment to be made or valuable consideration to be given in connection with the donation does not contravene—

(i)the Human Tissue Act 1982; or

(ii)the Prohibition of Human Cloning for Reproduction Act 2008; or

(iii)the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; and

(b)the donor of the gametes, or each person who donated the gametes used to produce the embryo, has consented in writing to—

(i)the donor's gametes being brought into Victoria; and

(ii)the use of the donor's gametes or the embryo produced from the donor's gametes in accordance with subsection (5); and

(iii)the storage of the embryo produced from the donor's gametes for the purpose of later transfer, or if an exemption has been granted in relation to section 32(2)(c) or (3), any conditions to which the exemption is subject have been complied with; and

(c)the person has been given a copy of—

(i)the donor's consent, referred to in paragraph (b); or

(ii)the consent of each person who donated the gametes used to produce the embryo, referred to in paragraph (b); and

(d)the donor or each person who donated the gametes used to produce the embryo has received counselling in relation to prescribed matters from a counsellor who meets the prescribed requirements for counselling or, if an exemption has been granted in relation to section 18, any conditions to which the exemption is subject have been complied with; and

(e)the donor or each person who donated the gametes used to produce the embryo has given information about the matters prescribed for the purposes of this section or, if an exemption has been granted in relation to section 19(a), any conditions to which the exemption is subject have been complied with; and

(f)the donor or each person who donated the gametes used to produce the embryo has been given written advice on the matters set out in section 19(b)(i) to (iv) or, if an exemption has been granted in relation to section 19(b), any conditions to which the exemption is subject have been complied with; and

(g)the person has taken all reasonable steps to ensure that any future use of the donor gametes or embryo produced from donor gametes in Victoria will comply with section 29; and

(h)the person has satisfied any prescribed matter.

(4)Before a person takes donor gametes or an embryo produced from donor gametes from Victoria, the person must certify that—

(a)the purpose for which the gametes or embryo will be used outside Victoria is consistent with a purpose for which it could be used in Victoria; and

(b)the way in which the gametes or embryo will be used outside Victoria is consistent with the way in which it could be used in Victoria; and

(c)the person has satisfied any prescribed matter.

(5)For the purposes of subsection (3)(b)(ii), a donor's consent or the consent of each person who donated the gametes used to produce the embryo—

(a)must meet the requirements of section 17(1)(a) to (c); and

(b)must not have been withdrawn or have lapsed at the time the certification is made.

(6)Certification under this section must be—

(a)in the prescribed form; and

(b)given to the Secretary before the gametes or embryo produced from donor gametes is brought into or taken from Victoria.".

6Section 37 substituted and new sections 37A to 37E inserted

For section 37 of the Assisted Reproductive Treatment Act 2008 substitute—

"37   Exemption from compliance—bringing or taking gametes or embryo into or out of Victoria

(1)A person to whom section 36(3) or (4) applies in relation to particular donor gametes or a particular embryo produced from donor gametes may apply to the Secretary in the prescribed form for an exemption under this section in relation to the gametes or embryo.

(2)In the case of an application by a person to whom section 36(3) applies, the Secretary, by written notice given to the person, may exempt the person from compliance with a provision specified in subsection (3) in relation to the gametes or embryo if the Secretary is satisfied that—

(a)similar procedures have taken place outside of Victoria; and

(b)there are special circumstances that warrant the exemption.

(3)For the purposes of subsection (2), the following provisions are specified—

(a)sections 17(2), 18, 19, 20(3) and 32(2)(c) and (3);

(b)Division 1 of Part 6;

(c)any other prescribed provision of this Act or the regulations.

(4)In the case of an application by a person to whom section 36(4) applies, the Secretary, by written notice given to the person, may exempt the person from compliance with a provision specified in subsection (5) in relation to the gametes or embryo if the Secretary is satisfied that—

(a)the gametes or embryo will be used in a way that is consistent with this Act; and

(b)there are special circumstances that warrant the exemption.

(5)For the purposes of subsection (4), the following provisions are specified—

(a)sections 32(2) and 33;

(b)any other prescribed provision of this Act or the regulations.

(6)An exemption under this section may—

(a)relate to the whole or a part of a provision of this Act; and

(b)be subject to conditions specified by the Secretary.

(7)A person in relation to whom an exemption is granted must comply with any condition to which the exemption is subject.

Penalty:240 penalty units or 2 years imprisonment or both.

37AOffence to certify a false or misleading matter

A person must not certify a matter specified in section 36(3) or (4) that the person believes to be false or misleading.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

37BRecord keeping

(1)A person must keep a written record of the matters certified by the person under section 36(3) or (4).

(2)A person must keep a written record of the prescribed matters relating to a certification made by the person under section 36(3) or (4) for a prescribed period after the date on which the certification is made.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

37CGuidelines

(1)The Secretary may issue written guidelines in relation to—

(a)taking all reasonable steps for the purposes of section 36(3)(g); and

(b)the keeping of records relating to compliance with section 37B.

(2)Guidelines issued under this section must be published on the Department's Internet site.

37DRegulations

For the purposes of section 37E, the regulations may—

(a)prohibit persons from—

(i)bringing donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes into Victoria in prescribed circumstances; or

(ii)taking donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes from Victoria in prescribed circumstances; and

(b)prescribe requirements for—

(i)bringing donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes into Victoria; or

(ii)taking donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes from Victoria.

37EOffence to contravene prescribed prohibition or requirements

A person who brings donor gametes or an embryo produced from donor gametes into Victoria, or takes donor gametes or an embryo produced from donor gametes from Victoria, must not contravene any prohibition or requirement prescribed for the purposes of this section.

Penalty:240 penalty units or 2 years imprisonment or both.".

7Register to be kept by registered ART providers

In section 49(2) of the Assisted Reproductive Treatment Act 2008, for "imposed by the Authority" substitute "that applies to the provider's registration".

8Information to be given to the Authority by registered ART providers

(1)In the heading to section 51 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 51(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

9Information to be given to Authority by doctors

(1)In the heading to section 52 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 52(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

10Information to be given to the Registrar by the Authority

(1)In the heading to section 52AA of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 52AA of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

11Information to be given to Authority by registered ART provider—register of pre‑1988 donor treatment procedures

(1)In the heading to section 52A of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 52A of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

12Information may be given to Authority by persons other than registered ART providers—pre‑1988 donor treatment procedures

(1)In the heading to section 52B of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 52B of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

13Authority to keep a Central Register

(1)In the heading to section 53 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 53 of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

14Authority to correct Central Register on request

(1)In the heading to section 54 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 54(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(3)In section 54(3) of the Assisted Reproductive Treatment Act 2008—

(a)for "the Authority must" substitute "the Donor Conception Registrar must";

(b)for "the Authority's opinion" (where twice occurring) substitute "the Donor Conception Registrar's opinion".

(4)In section 54(4) of the Assisted Reproductive Treatment Act 2008—

(a) for "Authority must" substitute "Donor Conception Registrar must";

(b)for "Authority's decision" substitute "Donor Conception Registrar's decision".

15Authority to correct or include information on Central Register without request

(1)In the heading to section 54A of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 54A(1) and (2) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority may" substitute "Donor Conception Registrar may";

(b)for "Authority's opinion" substitute "Donor Conception Registrar's opinion".

(3)In section 54A(3) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

16Application for information on Central Register

(1)In section 56(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)For section 56(3) of the Assisted Reproductive Treatment Act 2008 substitute—

"(3)An application under subsection (1) must—

(a)be in the form and way approved by the Donor Conception Registrar; and

(b)include a statement in the prescribed form of the applicant's reasons for the application; and

(c)be accompanied by the prescribed fee.

(4)Before accepting an application under this section, the Donor Conception Registrar must give the applicant any prescribed explanatory material.".

17Application relating to person born as a result of pre‑1988 donor treatment procedure—access to public records

In section 56A(2) and (3) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

18Authority may request records—pre‑1988 donor treatment procedures

(1)In the heading to section 56B of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56B of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

19Offence to disclose that Authority has requested records—pre‑1988 donor treatment procedures

(1)In the heading to section 56C of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56C(1) of the Assisted Reproductive Treatment Act 2008—

(a)for "a request from the Authority under section 56B(2)" substitute "a request to which this offence applies";

(b)for "the Authority has made that request" substitute "the request has been made".

(3)In section 56C(2) of the Assisted Reproductive Treatment Act 2008, after "Authority" (where twice occurring) insert "or the Donor Conception Registrar (as the case may be)".

(4)After section 56C(2) of the Assisted Reproductive Treatment Act 2008 insert—

"(3)In this section—

request to which this offence applies means—

(a)a request under section 56B(2) from the Authority that is made before the commencement of section 19 of the Health Legislation Amendment (Regulatory Reform) Act 2024; or

(b)a request made by the Donor Conception Registrar under section 56B(2).".

20Authority may apply to Magistrates' Court for production order

(1)In the heading to section 56D of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56D of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

21Hearing of application for production order

In section 56E(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

22Magistrates' Court may make production order

In section 56F of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

23Authority may request additional information in order to identify pre‑1998 donor

(1)In the heading to section 56J of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56J(1) and (2) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

(3)Section 56J(3) of the Assisted Reproductive Treatment Act 2008 is repealed.

(4)In section 56J(4) and (5) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

24Offence to disclose that Authority has requested additional information relating to donor or donor treatment procedures

(1)In the heading to section 56K of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56K(1) of the Assisted Reproductive Treatment Act 2008—

(a)for "a request from the Authority under section 56J(2)" substitute "a request to which this offence applies";

(b)for "the Authority has made that request" substitute "the request has been made".

(3)In section 56K(2) of the Assisted Reproductive Treatment Act 2008, after "Authority" (where twice occurring) insert "or the Donor Conception Registrar (as the case may be)".

(4)After section 56K(2) of the Assisted Reproductive Treatment Act 2008 insert—

"(3)In this section—

request to which this offence applies means—

(a)a request under section 56J(2) from the Authority that is made before the commencement of section 24 of the Health Legislation Amendment (Regulatory Reform) Act 2024; or

(b)a request made by the Donor Conception Registrar under section 56J(2).".

25Authority may request genetic test results of suspected donor

(1)In the heading to section 56L of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56L(2) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

26Authority may request genetic test results of relative of suspected donor

(1)In the heading to section 56M of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56M(1), (2), (3), (4) and (5) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

(3)In section 56M(7) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority may" substitute "Donor Conception Registrar may";

(b)for "Authority to" substitute "Donor Conception Registrar to";

(c)in paragraph (b), for "Authority's" (where twice occurring) substitute "Donor Conception Registrar's".

27Authority to be satisfied of relationship before disclosing information

(1)In the heading to section 56N of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 56N of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority" (wherever occurring) substitute "Donor Conception Registrar";

(b)in subsection (4)(c) omit "and any guidelines issued under section 100A".

28Disclosure of information that does not identify a person

In section 57(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

29Disclosure of information to parent of person born as a result of donor treatment or donor

In section 58(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

30Disclosure of information to persons born as a result of a donor treatment procedure

In section 59 of the Assisted Reproductive Treatment Act 2008—

(a)for "the Authority must" substitute "the Donor Conception Registrar must";

(b)for paragraph (b)(ii) substitute—

"(ii)a Part 6 counsellor has provided counselling to the applicant; and

(iii)the Donor Conception Registrar has received a statement from the Part 6 counsellor that the applicant is sufficiently mature to understand the consequences of the disclosure from the Central Register.".

31Disclosure of information to persons descended from persons born as a result of donor treatment procedure

In section 60 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

32Application for information on Central Register about donor siblings

In section 60A(2)(a) and (3) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

33Section 61 repealed

Section 61 of the Assisted Reproductive Treatment Act 2008 is repealed.

34Notice to be given of intended disclosure

(1)In section 62(1) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority" (where twice occurring) substitute "Donor Conception Registrar";

(b)after "intended disclosure" insert "together with any prescribed explanatory material".

(2)In section 62(2) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority" (wherever occurring) substitute "Donor Conception Registrar";

(b)in paragraph (b), for "section 63C; and" substitute "section 63C.";

(c)paragraph (c) is repealed.

(3)In section 62(3) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority" (wherever occurring) substitute "Donor Conception Registrar";

(b)in paragraph (b), for "section 63I; and" substitute "section 63I.";

(c)paragraph (c) is repealed.

(4)After section 62(3) of the Assisted Reproductive Treatment Act 2008 insert—

"(4)In addition, if the Donor Conception Registrar intends to disclose identifying information under this Division relating to a person born as a result of a donor treatment procedure or a pre‑1998 donor, the Donor Conception Registrar must make all reasonable efforts to give that person, or if the person is a child, the person's parent or guardian, any prescribed explanatory material.".

35Disclosure of information if pre‑1998 donor deceased or not located

In section 63 of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

36Information leading to location of donor

(1)In section 63A(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

(2)For section 63A(2) of the Assisted Reproductive Treatment Act 2008 substitute—

"(2)If the Donor Conception Registrar receives information relating to a pre‑1998 donor under subsection (1), the Donor Conception Registrar must make all reasonable efforts—

(a)to inform the donor—

(i)that the donor's identifying information has been released to a person under Division 3; and

(ii)that the donor may lodge with the Donor Conception Registrar a contact preference under section 63C relating to that person; and

(b)to give the donor any prescribed explanatory material.". 

37Time limit for disclosure of identifying information about pre‑1998 donors

In section 63B of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

38Contact preference for pre‑1998 donors

(1)In section 63C(1), (3) and (6) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

(2)For section 63C(7) of the Assisted Reproductive Treatment Act 2008 substitute—

"(7)As soon as practicable after a contact preference is lodged under subsection (1), the Donor Conception Registrar must give the applicant a copy of the contact preference lodged.".

(3)In section 63C(8) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar". 

39Duration of contact preferences lodged by pre‑1998 donors

In section 63D of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

40

Amendment of contact preferences lodged by

pre‑1998 donors

(1)In section 63E(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 63E(3) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority must" substitute "Donor Conception Registrar must";

(b)paragraph (a)(iii) is repealed;

(c)after paragraph (a) insert—

"(ab)give the applicant any prescribed explanatory material; and".

41

Withdrawal of contact preferences lodged by

pre‑1998 donors

In section 63F of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

42Undertaking required from applicant for identifying information relating to pre‑1998 donors

In section 63G(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

43Applications from children for information relating to pre‑1998 donors

For section 63H(2) of the Assisted Reproductive Treatment Act 2008 substitute—

"(2)The Donor Conception Registrar must not release identifying information relating to the pre‑1998 donor in response to the application unless—

(a)a Part 6 counsellor has provided counselling to the applicant; and

(b)the Donor Conception Registrar has received a statement from the Part 6 counsellor that the applicant is sufficiently mature to understand the consequences of giving an undertaking under section 63G(1).".

44Contact preferences for persons born as a result of a donor treatment procedure—application for disclosure

(1)In section 63I(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 63I(2) of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

(3)In section 63I(3) and (5) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(4)For section 63I(6) of the Assisted Reproductive Treatment Act 2008 substitute—

"(6)As soon as practicable after a contact preference is lodged under this section, the Donor Conception Registrar must give the applicant—

(a)a copy of the contact preference lodged; and

(b)any prescribed explanatory material.".

(5)In section 63I(7) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

45Form of contact preference

For section 63J(3) of the Assisted Reproductive Treatment Act 2008 substitute—

"(3)Before a contact preference is lodged under section 63I, the Donor Conception Registrar must give any prescribed explanatory material to—

(a)if the contact preference is to be lodged by a person born as a result of a donor treatment procedure, that person; or

(b)if the contact preference is to be lodged by the parent or guardian of a child born as a result of a donor treatment procedure—

(i)the parent or guardian; and

(ii)if the Donor Conception Registrar is informed that the child wishes to receive the explanatory material, the child.".

46Duration of contact preferences for person born as a result of donor treatment procedure

In section 63K of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

47Duration of contact preferences lodged by parent or guardian of person born as a result of donor treatment procedure

In section 63L(3) and (6) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

48Amendment of contact preferences lodged in relation to persons born as a result of a donor treatment procedure

(1)In section 63M(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 63M(3) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority" substitute "Donor Conception Registrar";

(b)paragraph (a)(iii) is repealed;

(c)after paragraph (a) insert—

"(ab)give the applicant any prescribed explanatory material; and".

49Withdrawal of contact preferences lodged in relation to persons born as a result of a donor treatment procedure

In section 63N of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

50Undertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure

In section 63O(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

51Confidentiality of information on the Central Register

(1)In section 66A(1) of the Assisted Reproductive Treatment Act 2008, for "A member of the Authority or a person employed or engaged by the Authority" substitute "The Donor Conception Registrar, a person referred to in section 102 or a person engaged under section 103".

(2)In section 66A(2) of the Assisted Reproductive Treatment Act 2008—

(a)for "the Authority or a person employed or engaged by the Authority" substitute "the Donor Conception Registrar, a person referred to in section 102 or a person engaged under section 103";

(b)in paragraph (a), for "Authority" substitute "Donor Conception Registrar".

(3)After section 66A(2)(c) of the Assisted Reproductive Treatment Act 2008 insert—

"(ca)to the Secretary, at the Secretary's request, for the purpose of assisting the Secretary to perform the Secretary's functions under this Act; or".

(4)In section 66A(3) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

52Confidentiality of other information provided to the Authority under this Part

(1)In the heading to section 66B of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 66B(1) of the Assisted Reproductive Treatment Act 2008, for "A member of the Authority or a person employed or engaged by the Authority" substitute "The Donor Conception Registrar, a person referred to in section 102 or a person engaged under section 103".

(3)In section 66B(2) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority or a person employed or engaged by the Authority" substitute "Donor Conception Registrar, a person referred to in section 102 or a person engaged under section 103";

(b)in paragraph (a), for "Authority" substitute "Donor Conception Registrar".

(4)After section 66B(2)(c) of the Assisted Reproductive Treatment Act 2008 insert—

"(ca)to the Secretary, at the Secretary's request, for the purpose of assisting the Secretary to perform the Secretary's functions under this Act; or".

53Confidentiality of information on the Central Register disclosed by the Authority

(1)In the heading to section 66C of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 66C of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

54New section 67AA inserted

After section 67 of the Assisted Reproductive Treatment Act 2008 insert—

"67AA   Requirement to give statement of the applicant's reasons for the application

If a person is required to give consent under this Part or the regulations before information on the Central Register may be disclosed, the Donor Conception Registrar must give the person whose consent is required a copy of the statement of the applicant's reasons for the application before the information is disclosed.

Note

See section 56(3)(b).".

55Section 67A substituted

For section 67A of the Assisted Reproductive Treatment Act 2008 substitute—

"67A Part 6 counsellor

In this Part, a Part 6 counsellor means a person who—

(a)provides counselling to a child under section 59(b)(ii) or 63H(2)(a) for the purposes of determining the maturity of the child; and

(b)meets the prescribed requirements for counselling.".

56Authorisation of organisations

In section 67B of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Donor Conception Registrar".

57Disclosure of information from Central Register to registered ART provider

In section 68D of the Assisted Reproductive Treatment Act 2008, for "Authority" (where twice occurring) substitute "Donor Conception Registrar".

58Heading to Part 7 amended

In the heading to Part 7 of the Assisted Reproductive Treatment Act 2008 omit "and donor‑linking".

59Heading to Division 1 of Part 7 repealed

The heading to Division 1 of Part 7 of the Assisted Reproductive Treatment Act 2008 is repealed.

60Authority to keep Voluntary Register

(1)In the heading to section 70 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)In section 70(1) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

61Information and matter to be entered in Voluntary Register

In section 71(1)(a), (ba), (2) and (3) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

62Disclosure of information

(1)In section 72 of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Donor Conception Registrar".

(2)At the end of section 72 of the Assisted Reproductive Treatment Act 2008 insert—

"(2)Before disclosing information about a person under subsection (1), the Donor Conception Registrar must—

(a)give the person any prescribed explanatory material; and

(b)if the person's consent is required, give the person a copy of the applicant's statement of reasons for requesting the information (if any).".

63Sections 73 and 73A repealed

Sections 73 and 73A of the Assisted Reproductive Treatment Act 2008 are repealed.

64Division 2 of Part 7 repealed

Division 2 of Part 7 of the Assisted Reproductive Treatment Act 2008 is repealed.

65Registration as an ART provider

(1)In section 74(1) of the Assisted Reproductive Treatment Act 2008, after "accreditation" insert ", other than a person who is no longer a registered ART provider because the person's registration is suspended under section 76 or 77,".

(2)In section 74(1) and (3) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Secretary".

66Section 75 substituted and new sections 75A to 75D inserted

For section 75 of the Assisted Reproductive Treatment Act 2008 substitute—

"75   General conditions on registration

A registered ART provider's registration is subject to any prescribed general conditions on registration.

75ASpecific conditions on registration

(1)The Secretary may impose a specific condition on the registration of a registered ART provider relating to any matter relevant to the provision of services by the registered ART provider.

(2)If the Secretary proposes to impose a specific condition on a registered ART provider's registration, the Secretary, by written notice given to the registered ART provider, must—

(a)advise the registered ART provider of the Secretary's intention to impose a specific condition; and

(b)give the registered ART provider an opportunity to make written submissions to the Secretary within a period of time specified in the notice.

(3)In determining whether to impose a specific condition, the Secretary must have regard to any submissions made under subsection (2)(b).

(4)If the Secretary decides to impose a specific condition under this section, the Secretary, by written notice, must advise the registered ART provider of—

(a)the Secretary's decision; and

(b)the date on and after which the specific condition takes effect.

75BAmendment or revocation of specific condition

(1)The Secretary may amend or revoke a specific condition at any time.

(2)Section 75A(2), (3) and (4) apply to the amendment of a specific condition in the same way as it does to the imposition of a specific condition.

75CGeneral condition or specific condition imposed must not be inconsistent with RTAC accreditation

A general condition or a specific condition imposed on a registered ART provider's registration that is inconsistent with a condition imposed on the provider's RTAC accreditation is invalid to the extent of the inconsistency.

75DOffence to contravene general condition or specific condition

(1)This section applies from the day that is the 2 year anniversary of the commencement of section 66 of the Health Legislation Amendment (Regulatory Reform) Act 2024.

(2)A registered ART provider must not contravene a condition of the provider's registration without reasonable excuse. 

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

67Suspension of registration

(1)In section 76(1) of the Assisted Reproductive Treatment Act 2008—

(a)for "Authority" (wherever occurring) substitute "Secretary";

(b)for "condition" substitute "general condition or specific condition";

(c)after paragraph (a) insert—

"(ab)the Secretary reasonably believes that the provider has contravened a provision of this Act or the regulations; or".

(2)In section 76(3), (4) and (5) of the Assisted Reproductive Treatment Act 2008, for "Authority" (wherever occurring) substitute "Secretary".

68Immediate suspension of registration

(1)For section 77(1) of the Assisted Reproductive Treatment Act 2008 substitute—

"(1)The Secretary may suspend a registered ART provider's registration without allowing the provider an opportunity to make written submissions about the proposed suspension under section 76(3) if the Secretary reasonably believes there is an overriding public interest to suspend the registration immediately.".

(2)In section 77(2)(b), (4) and (5) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Secretary".

69New section 77A inserted

After section 77 of the Assisted Reproductive Treatment Act 2008 insert—

"77A   Effect of suspension

(1)If a registered ART provider's registration is suspended in full under section 76 or 77, the provider ceases to be registered as a registered ART provider during the period of the suspension.

(2)If a registered ART provider's registration is suspended in part under section 76 or 77, the provider ceases to be registered to perform the services that are the subject of the suspension during the period of the suspension.".

70Offence of failing to notify authority if RTAC accreditation no longer held

(1)In the heading to section 78 of the Assisted Reproductive Treatment Act 2008, for "authority" substitute "Secretary".

(2)In section 78(2) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Secretary".

71Section 79 repealed

Section 79 of the Assisted Reproductive Treatment Act 2008 is repealed.

72Division 4 of Part 8 substituted

For Division 4 of Part 8 of the Assisted Reproductive Treatment Act 2008 substitute—

"Division 4—Register of registered ART providers

81Register of registered ART providers

(1)The Secretary must keep a register of registered ART providers.

(2)The register must include the following information in respect of each registered ART provider—

(a)the registered ART provider's name;

(b)the address of each premises at which the registered ART provider carries out treatment procedures;

(c)the period for which the registered ART provider holds RTAC accreditation;

(d)details of the registered ART provider's Internet site (if any).

(3)The Secretary must ensure that the register is published on the Department's Internet site.".

73Written reasons for decisions

In section 92(2) of the Assisted Reproductive Treatment Act 2008, for "Authority" substitute "Secretary".

74Part 10 substituted and new Parts 10A and 10B inserted

For Part 10 of the Assisted Reproductive Treatment Act 2008 substitute—

"PART 10—DONOR CONCEPTION REGISTRAR

99Employment of Donor Conception Registrar

A person must be employed under Part 3 of the Public Administration Act 2004 as the Donor Conception Registrar for the purposes of this Act.

100Functions of the Donor Conception Registrar

The Donor Conception Registrar has the following functions—

(a)to keep the Central Register;

(b)to keep the Voluntary Register;

(c)to perform any other function that is conferred on the Donor Conception Registrar by or under this Act or any other Act.

101Powers of the Donor Conception Registrar

The Donor Conception Registrar has the power to do all things that are necessary or convenient to be done for, or in connection with, or incidental to, the performance of the Donor Conception Registrar's functions.

102Staff of the Donor Conception Registrar

There may be employed under Part 3 of the Public Administration Act 2004 any staff that the Donor Conception Registrar considers necessary for the performance of the Donor Conception Registrar's functions.

103Secretary may engage persons to assist Donor Conception Registrar to perform functions

The Secretary may engage persons for the provision of services to assist the Donor Conception Registrar to perform the Donor Conception Registrar's functions.

104Delegation

The Donor Conception Registrar, by instrument, may delegate to a person referred to in section 102 or a person engaged under section 103 any of the Donor Conception Registrar's functions or powers under this Act.

Note

See section 42A of the Interpretation of Legislation Act 1984.

PART 10A—FUNCTIONS AND POWERS OF THE SECRETARY

105Functions of the Secretary

The Secretary has the following functions—

(a)to administer the registration system under this Act;

(b)to regulate the bringing into or taking out of Victoria of donor gametes or embryos produced from donor gametes;

(c)to grant exemptions in relation to donor gametes or embryos produced from donor gametes being brought into and out of Victoria;

(d)to monitor and enforce compliance with this Act and the regulations;

(e)to monitor programs and activities carried out under this Act and the regulations;

(f)to perform any other function that is conferred on the Secretary by or under this Act or any other Act.

106Powers of the Secretary

The Secretary has the power to do all things that are necessary or convenient to be done for, or in connection with, or incidental to, the performance of the Secretary's functions.

PART 10B—COMPLIANCE

Division 1—Improvement notices

107Power to give improvement notice

(1)The Secretary may give a written notice to a regulated person requiring the regulated person to take specified action if the Secretary reasonably believes that—

(a)the regulated person has contravened, is contravening or is likely to contravene—

(i)a provision of the Act or the regulations; or

(ii)a condition imposed on the person's registration as a registered ART provider; and

(b)taking the action is necessary—

(i)to rectify a contravention; or

(ii)to cease a contravention; or

(iii)to prevent a likely contravention from occurring; or

(iv)to address the matters or activities that caused a contravention.

(2)The Secretary may require a regulated person to whom an improvement notice is given—

(a)to give a copy of the notice to a person or class of person; or

(b)to display a copy of the notice in a manner specified in the notice.

108Content of improvement notice

An improvement notice must—

(a)specify the name, and if known, the address, of the regulated person to whom the notice is given; and

(b)specify—

(i)the provision of the Act or the regulations that the Secretary reasonably believes the regulated person has contravened, is contravening or is likely to contravene; or

(ii)the condition imposed on the regulated person's registration as a registered ART provider that the Secretary reasonably believes the regulated person has contravened, is contravening or is likely to contravene; and

(c)describe the conduct or circumstances the Secretary reasonably believes constitutes the contravention or likely contravention; and

(d)specify the action that the regulated person must take; and

(e)specify the period within which the regulated person must take the action; and

(f)include information about the regulated person's right to seek review of the Secretary's decision to—

(i)give the improvement notice to the person; or

(ii)give a notice to the person—

(A)amending or revoking an action specified in the improvement notice that the regulated person must take; or

(B)amending the period specified in the improvement notice within which the regulated person must take the action; and

(g)state that the notice does not affect any criminal proceeding for an offence against a provision of this Act or the regulations constituted by conduct or circumstances in respect of which the notice is given; and

(h)state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 120 penalty units in the case of a natural person or 600 penalty units in the case of a body corporate; and

(i)include any prescribed information.

109Amendment of improvement notice

The Secretary may give a written notice to a regulated person to whom an improvement notice is given—

(a)amending or revoking an action specified in the improvement notice that the regulated person must take; or

(b)amending the period specified in the improvement notice within which the regulated person must take the action.

110Withdrawal of improvement notice

The Secretary—

(a)may withdraw an improvement notice at any time in writing; and

(b)must withdraw an improvement notice in writing if the Secretary is satisfied that the regulated person to whom the notice is given has taken the specified action.

111Criminal proceeding not affected by improvement notice

An improvement notice does not affect any criminal proceeding for an offence against a provision of this Act or the regulations constituted by conduct or circumstances in respect of which the notice is given.

112Offence to contravene improvement notice

A regulated person to whom an improvement notice is given must not contravene the notice without reasonable excuse.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

Division 2—Prohibition notices

113Power to give prohibition notice

(1)The Secretary may give a written notice to a regulated person prohibiting the regulated person from engaging in a specified activity if the Secretary reasonably believes—

(a)the regulated person has contravened, is contravening or is likely to contravene—

(i)a provision of the Act or the regulations; or

(ii)a condition imposed on the person's registration as a registered ART provider; and

(b)that, having regard to the immediacy of the risk of harm and the degree of harm to health or safety that may be caused by the contravention or likely contravention, prohibiting the person from engaging in the specified activity is necessary to prevent or minimise that risk.

(2)In addition, the Secretary may require a regulated person to whom a prohibition notice is given to take any specified action the Secretary reasonably believes is necessary—

(a)to prevent or minimise the risk to health or safety; or

(b)to rectify the contravention; or

(c)to cease the contravention; or

(d)to prevent a likely contravention from occurring; or

(e)to address the matters or activities that caused a contravention.

(3)The Secretary may require a regulated person to whom a prohibition notice is given to—

(a)give a copy of the notice to a person or class of person; or

(b)display a copy of the notice in a manner specified in the notice.

114Content of prohibition notice

A prohibition notice must—

(a)specify the grounds on which the notice is given; and

(b)state the name of the regulated person to whom the notice is given and, if known, the person's address; and

(c)specify—

(i)the activity that the regulated person is prohibited from engaging in; or

(ii)the action that the regulated person must take; and

(d)specify the period within which—

(i)the activity is prohibited; or

(ii)the action must be taken; and

(e)include information about the regulated person's right to seek review of the Secretary's decision to—

(i)give the prohibition notice to the person; or

(ii)give a notice to the person—

(A)amending or revoking an activity specified in the prohibition notice that the regulated person is prohibited from engaging in; or

(B)amending or revoking an action specified in the prohibition notice that the regulated person must take; or

(C)amending the period specified in the prohibition notice within which the regulated person is prohibited from engaging in the activity or must take the action specified in the notice; and

(f)state that the notice does not affect any criminal proceeding for an offence against a provision of this Act or the regulations constituted by conduct or circumstances in respect of which the notice is given; and

(g)state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 120 penalty units in the case of a natural person or 600 penalty units in the case of a body corporate; and

(h)include any prescribed information.

115Amendment of prohibition notice

The Secretary may give a written notice to a regulated person to whom a prohibition notice is given—

(a)amending or revoking an activity specified in the prohibition notice that the regulated person is prohibited from engaging in; or

(b)amending or revoking an action specified in the prohibition notice that the regulated person must take; or

(c)amending the period specified in the prohibition notice within which the regulated person is prohibited from engaging in the activity or must take the action specified in the notice.

116Withdrawal of prohibition notice

The Secretary—

(a)may withdraw a prohibition notice at any time in writing; and

(b)must withdraw a prohibition notice in writing if the Secretary reasonably believes that the prohibition is no longer necessary to prevent or minimise the risk of harm to health or safety.

116ACriminal proceeding not affected by prohibition notice

A prohibition notice does not affect any criminal proceeding for an offence against a provision of this Act or the regulations constituted by conduct or circumstances in respect of which the notice is given.

116BOffence to contravene prohibition notice

A regulated person to whom a prohibition notice is given must not contravene the notice without reasonable excuse.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

Division 3—Enforceable undertakings

116CPower to accept an enforceable undertaking

(1)The Secretary may accept an undertaking given by a regulated person relating to a contravention or alleged contravention of a provision of this Act or the regulations by the regulated person, under which the regulated person undertakes to take certain action, or not take certain action, to comply with this Act.

(2)An enforceable undertaking must—

(a)be in writing; and

(b)state the name of the regulated person; and

(c)be signed by the Secretary and the regulated person; and

(d)specify the date on which the undertaking is given; and

(e)specify the action to be taken or not taken by the regulated person; and

(f)specify the period within which the action is to be taken or not taken by the regulated person; and

(g)include any other prescribed details.

(3)The Secretary may publish details of an enforceable undertaking on the Department's Internet site.

116DAmendment or withdrawal of enforceable undertaking

A regulated person, with the Secretary's consent, may by written notice given to the Secretary—

(a)amend an enforceable undertaking given by the person; or

(b)withdraw an enforceable undertaking given by the person.

116ENo criminal proceeding if enforceable undertaking is complied with

If a regulated person complies with an enforceable undertaking, a criminal proceeding must not be commenced against the person for an offence constituted by the person's contravention or alleged contravention of a provision of this Act or the regulations in relation to which the undertaking is given.

116FNo criminal proceeding while enforceable undertaking is in force

While an enforceable undertaking is in force, a criminal proceeding must not be commenced against a regulated person for an offence constituted by the person's contravention or alleged contravention of a provision of this Act or the regulations in relation to which the undertaking is given.

116GCriminal proceeding if enforceable undertaking is withdrawn

A criminal proceeding may be commenced against a regulated person for an offence constituted by the person's contravention or alleged contravention of a provision of this Act or the regulations in relation to which the undertaking is given if the person withdraws the undertaking.

116HEnforcement of enforceable undertaking by Magistrates' Court

(1)If the Secretary reasonably believes that a regulated person has contravened an enforceable undertaking given by the person, the Secretary may apply to the Magistrates' Court for an enforceable undertaking order to enforce the undertaking.

(2)If the Magistrates' Court is satisfied that the regulated person has contravened the enforceable undertaking, the Magistrates' Court may make any of the following orders—

(a)an order that the regulated person must comply with the undertaking;

(b)an order that the regulated person take specified action to comply with the undertaking;

(c)any other order that the Court considers appropriate in the circumstances.

116IEnforcement of enforceable undertaking order by Secretary

(1)If the Secretary reasonably believes that a regulated person has contravened an enforceable undertaking order, the Secretary, by written notice given to the regulated person, may—

(a)advise the person of the Secretary's intention to carry out the action required to comply with the order; and

(b)give the person 10 business days after the notice is given to satisfy the Secretary that the person—

(i)has carried out the action required to comply with the order; or

(ii)will carry out the action required to comply with the order within a specified period acceptable to the Secretary.

(2)The Secretary may do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out if a regulated person to whom notice under subsection (1) is given—

(a)does not agree to carry out the action; or

(b)fails to carry out the action within the specified period.

(3)Nothing in this section—

(a)prevents a proceeding from being commenced or continued against a regulated person for the person's contravention of an enforceable undertaking order; or

(b)affects any power of a court in relation to contempt.

(4)If a person is found in contempt of court for contravening an enforceable undertaking order, the Secretary may—

(a)do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out; and

(b)publicise on the Department's Internet site that the regulated person contravened the order.

(5)The Secretary may recover any reasonable costs incurred by the Secretary in taking action under subsection (2) or (4) as a debt due to the Crown and payable by the regulated person.

Division 4—Information or document production notices

116JPower to give information or document production notice

(1)The Secretary may give a written notice to a person requiring the person to provide to the Secretary specified information or information belonging to a specified class of information, or a specified document or a document belonging to a specified class of document, if the Secretary reasonably believes that—

(a)the information or document is in the person's knowledge, possession, custody or control; and

(b)the information is, or the document contains information that is, necessary—

(i)for monitoring a regulated person's compliance with this Act or the regulations; or

(ii)for determining whether the person or another person has committed an offence against a provision of this Act or the regulations.

(2)An information or document production notice must—

(a)state the name of the person to whom the notice is given; and

(b)specify the grounds on which the notice is given; and 

(c)specify the information or document required to be provided or produced under the notice; and

(d)specify the time period, being not less than 10 business days after the notice is given, within which the person must comply with the notice; and 

(e)state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 60 penalty units in the case of a natural person or 300 penalty units in the case of a body corporate; and

(f)include information about the person's right to seek review of the Secretary's decision—

(i)to give the information or document production notice to the person; or

(ii)to give a notice to the person—

(A)amending the period within which the person must comply with the information or document production notice; or

(B)amending or revoking the requirement to provide or produce particular information or a particular document; and 

(g)state that a natural person to whom an information or document production notice is given—

(i)may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person; and

(ii)may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person; and

(h)include any other prescribed details. 

(3)The Secretary may give a written notice to a person to whom an information or document production notice is given—

(a)amending the period within which the person must comply with the notice; or

(b)amending or revoking the requirement to provide or produce particular information or a particular document; or

(c)withdrawing the notice.

116KOffence to contravene information or document production notice

A person to whom an information or document production notice is given must not contravene the notice without reasonable excuse.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

116LProtection against self‑incrimination

(1)A natural person to whom an information or document production notice is given may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person.

(2)A natural person to whom an information or document production notice is given may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person.

116MAdmissibility of document produced under information or document production notice

A document produced by a natural person, under an information or document production notice, that would tend to incriminate the person is not admissible in evidence against the person in a criminal proceeding unless—

(a)the person is required by law to keep the document; or

(b)the proceeding is in respect of false or misleading information included in the document.

116NOffence to provide false or misleading information

(1)A person must not—

(a)provide information to the Secretary, as required by or under a provision of this Act or the regulations, that is false or misleading in a material way; or

(b)produce a document to the Secretary, as required by or under a provision of this Act or the regulations, that is false or misleading in a material way—

without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2)Subsection (1) does not apply to a person if, at the time at which the information is provided or the document is produced, the person believes on reasonable grounds that the information or document is true or is not misleading.

Division 5—Review by VCAT

116OApplication for review by VCAT

(1)A regulated person may apply to VCAT for review of the Secretary's decision—

(a)to give an improvement notice to the regulated person; or

(b)to give a notice to the regulated person—

(i)amending or revoking an action specified in an improvement notice that the regulated person must take; or

(ii)amending the period specified in an improvement notice within which the regulated person must take the action; or

(c)to give a prohibition notice to the regulated person; or

(d)to give a notice to the regulated person—

(i)amending or revoking an activity specified in a prohibition notice that the regulated person is prohibited from engaging in; or

(ii)amending or revoking an action specified in a prohibition notice that the regulated person must take; or

(iii)amending the period specified in a prohibition notice within which the regulated person is prohibited from engaging in the activity or must take the action specified in the notice.

(2)A person to whom an information or document production notice is given may apply to VCAT for review of the Secretary's decision—

(a)to give the information or document production notice to the person; or

(b)to give a notice to the person—

(i)amending the period within which the person must comply with the information or document production notice; or

(ii)amending or revoking the requirement to provide or produce particular information or a particular document.

(3)An application for review under this section must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which—

(i)the statement of reasons is given to the applicant; or

(ii)the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 6—Infringement notices

116PInfringement notice

(1)The Secretary may serve an infringement notice on a person whom the Secretary reasonably believes has committed a prescribed offence.

(2)An offence referred to in subsection (1) is an infringement offence within the meaning of the Infringements Act 2006.

(3)The infringement penalty for an infringement offence is the prescribed infringement penalty for that infringement offence.

Division 7—Service of documents

116QService

For the purposes of this Act, a notice or other document, other than an infringement notice, may be served on or given to a person—

(a)by delivering it personally to the person; or

(b)by sending it by post to the person at the person's usual or last known residential or business address; or

(c)by sending it by electronic communication to the person's usual or last known electronic address; or

(d)by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.".

75Section 118 repealed

Section 118 of the Assisted Reproductive Treatment Act 2008 is repealed.

76Powers and duties of members of Authority to inspect documents

(1)In the heading to section 119 of the Assisted Reproductive Treatment Act 2008, for "members of Authority" substitute "Secretary".

(2)In section 119(1) of the Assisted Reproductive Treatment Act 2008, for "A member of the Authority" substitute "The Secretary".

(3)In section 119(2) of the Assisted Reproductive Treatment Act 2008, for "A member of the Authority with any necessary assistants" substitute "The Secretary".

(4)After section 119(2) of the Assisted Reproductive Treatment Act 2008 insert—

50REnforcement of enforceable undertaking by Magistrates' Court

(1)If the Secretary reasonably believes that a regulated person has contravened an enforceable undertaking given by the person, the Secretary may apply to the Magistrates' Court for an enforceable undertaking order to enforce the undertaking.

(2)If the Magistrates' Court is satisfied that the regulated person has contravened the enforceable undertaking, the Magistrates' Court may make any of the following orders—

(a)an order that the regulated person must comply with the undertaking;

(b)an order that the regulated person take specified action to comply with the undertaking;

(c)any other order that the Court considers appropriate in the circumstances.

50SEnforcement of enforceable undertaking order by Secretary

(1)If the Secretary reasonably believes that a regulated person has contravened an enforceable undertaking order, the Secretary, by written notice given to the regulated person, may—

(a)advise the person of the Secretary's intention to carry out the action required to comply with the order; and

(b)give the person 10 business days after the notice is given to satisfy the Secretary that the person—

(i)has carried out the action required to comply with the order; or

(ii)will carry out the action required to comply with the order within a specified period acceptable to the  Secretary.

(2)The Secretary may do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out if a regulated person to whom notice under subsection (1) is given—

(a)does not agree to carry out the action; or

(b)fails to carry out the action within the specified period.

(3)Nothing in this section—

(a)prevents a proceeding from being commenced or continued against a regulated person for the person's contravention of an enforceable undertaking order; or

(b)affects any power of a court in relation to contempt.

(4)If a person is found in contempt of court for contravening an enforceable undertaking order, the Secretary may—

(a)do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out; and

(b)publicise on the Department's Internet site that the regulated person contravened the order.

(5)The Secretary may recover any reasonable costs incurred by the Secretary in taking action under subsection (2) or (4) as a debt due to the Crown and payable by the regulated person.

Division 1D—Information or document production notices

50TPower to give information or document production notice

(1)The Secretary or an authorised officer may give a written notice to a person requiring the person to provide to the Secretary or authorised officer specified information or information belonging to a specified class of information, or a specified document or a document belonging to a specified class of document, if the Secretary or authorised officer reasonably believes that—

(a)the information or document is in the person's knowledge, possession, custody or control; and

(b)the information is, or the document contains information that is, necessary—

(i)for monitoring a regulated person's compliance with this Act or the regulations; or

(ii)for determining whether the person or another person has committed an offence against a provision of this Act or the regulations.

(2)An information or document production notice must—

(a)state the name of the person to whom the notice is given; and

(b)specify the grounds on which the notice is given; and 

(c)specify the information or document required to be provided or produced under the notice; and

(d)specify the time period, being not less than 10 business days after the notice is given, within which the person must comply with the notice; and 

(e)state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 60 penalty units in the case of a natural person or 300 penalty units in the case of a body corporate; and

(f)include information about the person's right to seek review of the Secretary's or the authorised officer's decision—

(i)to give the information or document production notice to the person; or

(ii)to give a notice to the person—

(A)amending the period within which the person must comply with the information or document production notice; or

(B)amending or revoking the requirement to provide or produce particular information or a particular document; and

(g)state that a natural person to whom an information or document production notice is given—

(i)may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person; and

(ii)may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person; and

(h)include any other prescribed details. 

(3)The Secretary or an authorised officer may give a written notice to a person to whom an information or document production notice is given—

(a)amending the period within which the person must comply with the notice; or

(b)amending or revoking the requirement to provide or produce particular information or a particular document; or

(c)withdrawing the notice.

50UOffence to contravene information or document production notice

A person to whom an information or document production notice is given must not contravene the notice without reasonable excuse.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

50VProtection against self‑incrimination

(1)A natural person to whom an information or document production notice is given may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person.

(2)A natural person to whom an information or document production notice is given may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person.

50WAdmissibility of document produced under information or document production notice

A document produced by a natural person, under an information or document production notice, that would tend to incriminate the person is not admissible in evidence against the person in a criminal proceeding unless—

(a)the person is required by law to keep the document; or

(b)the proceeding is in respect of false or misleading information included in the document.

50XOffence to provide false or misleading information

(1)A person must not—

(a)provide information to the Secretary or an authorised officer, as required by or under a provision of this Act or the regulations, that is false or misleading in a material way; or

(b)produce a document to the Secretary or an authorised officer, as required by or under a provision of this Act or the regulations, that is false or misleading in a material way—

without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2)Subsection (1) does not apply to a person if, at the time at which the information is provided or the document is produced, the person believes on reasonable grounds that the information or document is true or is not misleading.

Division 1E—Infringement notices

50YInfringement notice

(1)The Secretary or an authorised officer may serve an infringement notice on a person whom the Secretary or authorised officer reasonably believes has committed a prescribed offence.

(2)An offence referred to in subsection (1) is an infringement offence within the meaning of the Infringements Act 2006.

(3)The infringement penalty for an infringement offence is the prescribed infringement penalty for that infringement offence.".

102Regulations

After section 64(1)(g) of the Non‑Emergency Patient Transport and First Aid Services Act 2003 insert—

"(ga)offences against a provision of this Act or the regulations for the purposes of section 50Y(1);

(gb)in relation to each offence prescribed for the purposes of section 50Y(1), the penalty for the offence;".

PART 7—AMENDMENT OF PUBLIC HEALTH AND WELLBEING ACT 2008

103Definitions

In section 3(1) of the Public Health and Wellbeing Act 2008 insert the following definitions—

"enforceable undertaking means an undertaking given by a regulated person under section 197A;

enforceable undertaking order means an order made by the Magistrates' Court under section 197F;

information or document production notice means a notice given under section 197H;

regulated person means a person who is—

(a)the owner of a cooling tower system; or 

(b)the owner of any land on which there is a cooling tower system; or

(c)a person who owns, manages or controls a water delivery system located at premises—

(i)where residential aged care services are provided; or

(ii)where health services are provided (other than health services provided at a day procedure centre); or

(iii)that is a prison; or

(iv)where inpatient forensic mental health services are provided by the Victorian Institute of Forensic Mental Health established by section 610 of the Mental Health and Wellbeing Act 2022; or

(v)where a business at which cars, trucks and other vehicles are washed is operated; or

(d)a pest control operator;".

104New Divisions 2A and 2B of Part 10 inserted

After Division 2 of Part 10 of the Public Health and Wellbeing Act 2008 insert—

"Division 2A—Enforceable undertakings

197APower to accept an enforceable undertaking

(1)The Secretary may accept an undertaking given by a regulated person relating to a contravention or alleged contravention of Part 7 or the regulations by the regulated person, under which the regulated person undertakes to take certain action, or not take certain action, to comply with this Act or the regulations.

(2)An enforceable undertaking must—

(a)be in writing; and

(b)state the name of the regulated person; and

(c)be signed by the Secretary and the regulated person; and

(d)specify the date on which the undertaking is given; and

(e)specify the action to be taken or not taken by the regulated person; and

(f)specify the period within which the action is to be taken or not taken by the regulated person; and

(g)include any other prescribed details.

(3)The Secretary may publish details of an enforceable undertaking on the Department's Internet site.

197BAmendment or withdrawal of enforceable undertaking

A regulated person, with the Secretary's consent, may by written notice given to the Secretary—

(a)amend an enforceable undertaking given by the person; or

(b)withdraw an enforceable undertaking given by the person.

197CNo criminal proceeding if enforceable undertaking is complied with

If a regulated person complies with an enforceable undertaking, a criminal proceeding must not be commenced against the person for an offence constituted by the person's contravention or alleged contravention of a provision of Part 7 or the regulations in relation to which the undertaking is given.

197DNo criminal proceeding while enforceable undertaking is in force

While an enforceable undertaking is in force, a criminal proceeding must not be commenced against a regulated person for an offence constituted by the person's contravention or alleged contravention of a provision of Part 7 or the regulations in relation to which the undertaking is given.

197ECriminal proceeding if enforceable undertaking is withdrawn

A criminal proceeding may be commenced against a regulated person for an offence constituted by the person's contravention or alleged contravention of a provision of Part 7 or the regulations in relation to which the undertaking is given if the person withdraws the undertaking.

197FEnforcement of enforceable undertaking by Magistrates' Court

(1)If the Secretary reasonably believes that a regulated person has contravened an enforceable undertaking given by the person, the Secretary may apply to the Magistrates' Court for an enforceable undertaking order to enforce the undertaking.

(2)If the Magistrates' Court is satisfied that the regulated person has contravened the enforceable undertaking, the Magistrates' Court may make any of the following orders—

(a)an order that the regulated person must comply with the undertaking;

(b)an order that the regulated person take specified action to comply with the undertaking;

(c)any other order that the Court considers appropriate in the circumstances.

197GEnforcement of enforceable undertaking order by Secretary

(1)If the Secretary reasonably believes that a regulated person has contravened an enforceable undertaking order, the Secretary, by written notice given to the regulated person, may—

(a)advise the person of the Secretary's intention to carry out the action required to comply with the order; and

(b)give the person 10 business days after the notice is given to satisfy the Secretary that the person—

(i)has carried out the action required to comply with the order; or

(ii)will carry out the action required to comply with the order within a specified period acceptable to the  Secretary.

(2)The Secretary may do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out if a regulated person to whom notice under subsection (1) is given—

(a)does not agree to carry out the action; or

(b)fails to carry out the action within the specified period.

(3)Nothing in this section—

(a)prevents a proceeding from being commenced or continued against a regulated person for the person's contravention of an enforceable undertaking order; or

(b)affects any power of a court in relation to contempt.

(4)If a person is found in contempt of court for contravening an enforceable undertaking order, the Secretary may—

(a)do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out; and

(b)publicise on the Department's Internet site that the regulated person contravened the order.

(5)The Secretary may recover any reasonable costs incurred by the Secretary in taking action under subsection (2) or (4) as a debt due to the Crown and payable by the regulated person.

Division 2B—Information or document production notices

197HPower to give information or document production notice

(1)The Secretary may give a written notice to a person requiring the person to provide to the Secretary specified information or information belonging to a specified class of information, or a specified document or a document belonging to a specified class of document, if the Secretary reasonably believes that—

(a)the information or document is in the person's knowledge, possession, custody or control; and

(b)the information is, or the document contains information that is, necessary—

(i)for monitoring a regulated person's compliance with this Act or the regulations; or

(ii)for determining whether the person or another person has committed an offence against Part 7; or

(iii)for determining whether the person or another person has committed an offence against a provision of the regulations that applies to a person described in paragraph (a), (b) or (c) of the definition of regulated person.

(2)An information or document production notice must—

(a)state the name of the person to whom the notice is given; and

(b)specify the grounds on which the notice is given; and 

(c)specify the information or document required to be provided or produced under the notice; and

(d)specify the time period, being not less than 10 business days after the notice is given, within which the person must comply with the notice; and 

(e)state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 60 penalty units in the case of a natural person or 300 penalty units in the case of a body corporate; and

(f)include information about the person's right to seek review of the Secretary's decision—

(i)to give the information or document production notice to the person; or

(ii)to give a notice to the person—

(A)amending the period within which the person must comply with the information or document production notice; or

(B)amending or revoking the requirement to provide or produce particular information or a particular document; and

(g)state that a natural person to whom an information or document production notice is given—

(i)may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person; and

(ii)may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person; and

(h)include any other prescribed details. 

(3)The Secretary may give a written notice to a person to whom an information or document production notice is given—

(a)amending the period within which the person must comply with the notice; or

(b)amending or revoking the requirement to provide or produce particular information or a particular document; or

(c)withdrawing the notice.

197IOffence to contravene information or document production notice

A person to whom an information or document production notice is given must not contravene the notice without reasonable excuse.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

105Review by the Secretary

(1)In section 206(1) of the Public Health and Wellbeing Act 2008, for the definition of decision substitute—

"decision means a decision made by the Secretary—

(a)to certify an approved auditor or revoke an approved auditor's certification under section 94; or

(b)to issue, vary, renew, cancel or suspend a pest control licence under section 101 or 105; or

(c)to give an information or document production notice; or

(d)to give a notice—

(i)amending the period within which a person must comply with an information or document production notice; or

(ii)amending or revoking the requirement to provide or produce particular information or a particular document under an information or document production notice;".

(2)In section 206(1) of the Public Health and Wellbeing Act 2008, for the definition of person aggrieved substitute—

"person aggrieved means—

(a)a person who is the applicant for, or the holder of a certification as an approved auditor; or

(b)a person who is the applicant for, or the holder of, a pest control licence; or

(c)a person to whom an information or document production notice is given.".

PART 8—AMENDMENT OF RADIATION ACT 2005

106Definitions

In section 3(1) of the Radiation Act 2005 insert the following definitions—

"enforceable undertaking means an undertaking given by a person under section 90D;

enforceable undertaking order means an order made by the Magistrates' Court under section 90I;

information or document production notice means a notice given under section 90K;".

107Functions of Secretary

After section 9(ha) of the Radiation Act 2005 insert—

"(hb)accept enforceable undertakings relating to contraventions or alleged contraventions of this Act or the regulations; and

(hc)give information or document production notices or amend information or document production notices for the purposes of—

(i)monitoring compliance with this Act or the regulations; or

(ii)determining whether a person has committed an offence against this Act or the regulations; and".

108New Divisions 7B and 7C of Part 7 inserted

After section 90C of the Radiation Act 2005 insert—

"Division 7B—Enforceable undertakings

90DPower to accept an enforceable undertaking

(1)The Secretary may accept an undertaking given by a person relating to a contravention or alleged contravention of a provision of this Act or the regulations by the person, under which the person undertakes to take certain action, or not take certain action, to comply with this Act or the regulations.

(2)An enforceable undertaking must—

(a)be in writing; and

(b)state the name of the person by whom the undertaking is given; and

(c)be signed by the Secretary and the person by whom the undertaking is given; and

(d)specify the date on which the undertaking is given; and

(e)specify the action to be taken or not taken by the person by whom the undertaking is given; and

(f)specify the period within which the action is to be taken or not taken by the person by whom the undertaking is given; and

(g)include any other prescribed details.

(3)The Secretary may publish details of an enforceable undertaking on the Department's Internet site.

90EAmendment or withdrawal of enforceable undertaking

A person, with the Secretary's consent, may by written notice given to the Secretary—

(a)amend an enforceable undertaking given by the person; or

(b)withdraw an enforceable undertaking given by the person.

90FNo criminal proceeding if enforceable undertaking is complied with

If a person who has given an enforceable undertaking complies with the undertaking, a criminal proceeding must not be commenced against the person for an offence constituted by the person's contravention or alleged contravention of a provision of this Act or the regulations in relation to which the undertaking is given.

90GNo criminal proceeding while enforceable undertaking is in force

While an enforceable undertaking is in force, a criminal proceeding must not be commenced against the person who has given the undertaking for an offence constituted by the person's contravention or alleged contravention of a provision of this Act or the regulations in relation to which the undertaking is given.

90HCriminal proceeding if enforceable undertaking is withdrawn

A criminal proceeding may be commenced against a person who has given an enforceable undertaking for an offence constituted by the person's contravention or alleged contravention of a provision of this Act or the regulations in relation to which the undertaking is given if the person withdraws the undertaking.

90IEnforcement of enforceable undertaking by Magistrates' Court

(1)If the Secretary reasonably believes that a person has contravened an enforceable undertaking given by the person, the Secretary may apply to the Magistrates' Court for an enforceable undertaking order to enforce the undertaking.

(2)If the Magistrates' Court is satisfied that the person has contravened the enforceable undertaking, the Magistrates' Court may make any of the following orders—

(a)an order that the person must comply with the undertaking;

(b)an order that the person take specified action to comply with the undertaking;

(c)any other order that the Court considers appropriate in the circumstances.

90JEnforcement of enforceable undertaking order by Secretary

(1)If the Secretary reasonably believes that a person has contravened an enforceable undertaking order, the Secretary, by written notice given to the person, may—

(a)advise the person of the Secretary's intention to carry out the action required to comply with the order; and

(b)give the person 10 business days after the notice is given to satisfy the Secretary that the person—

(i)has carried out the action required to comply with the order; or

(ii)will carry out the action required to comply with the order within a specified period acceptable to the  Secretary.

(2)The Secretary may do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out if a person to whom notice under subsection (1) is given—

(a)does not agree to carry out the action; or

(b)fails to carry out the action within the specified period.

(3)Nothing in this section—

(a)prevents a proceeding from being commenced or continued against a person for the person's contravention of an enforceable undertaking order; or

(b)affects any power of a court in relation to contempt.

(4)If a person is found in contempt of court for contravening an enforceable undertaking order, the Secretary may—

(a)do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out; and

(b)publicise on the Department's Internet site that the person contravened the order.

(5)The Secretary may recover any reasonable costs incurred by the Secretary in taking action under subsection (2) or (4) as a debt due to the Crown and payable by the person.

Division 7C—Information or document production notices

90KPower to give information or document production notice

(1)The Secretary may give a written notice to a person requiring the person to provide to the Secretary specified information or information belonging to a specified class of information, or a specified document or a document belonging to a specified class of document, if the Secretary reasonably believes that—

(a)the information or document is in the person's knowledge, possession, custody or control; and

(b)the information is, or the document contains information that is, necessary—

(i)for monitoring the person's or another person's compliance with this Act or the regulations; or

(ii)for determining whether the person or another person has committed an offence against a provision of this Act or the regulations.

(2)An information or document production notice must—

(a)state the name of the person to whom the notice is given; and

(b)specify the grounds on which the notice is given; and 

(c)specify the information or document required to be provided or produced under the notice; and

(d)specify the time period, being not less than 10 business days after the notice is given, within which the person must comply with the notice; and 

(e)state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 60 penalty units in the case of a natural person or 300 penalty units in the case of a body corporate; and

(f)include information about the person's right to seek review of the Secretary's decision—

(i)to give the information or document production notice to the person; or

(ii)to give a notice to the person—

(A)amending the period within which the person must comply with the information or document production notice; or

(B)amending or revoking the requirement to provide or produce particular information or a particular document; and

(g)state that a natural person to whom an information or document production notice is given—

(i)may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person; and

(ii)may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person; and

(h)include any other prescribed details. 

(3)The Secretary may give a written notice to a person to whom an information or document production notice is given—

(a)amending the period within which the person must comply with the notice; or

(b)amending or revoking the requirement to provide or produce particular information or a particular document; or

(c)withdrawing the notice.

90LOffence to contravene information or document production notice

A person to whom an information or document production notice is given must not contravene the notice without reasonable excuse.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

90MProtection against self‑incrimination

(1)A natural person to whom an information or document production notice is given may refuse or fail to provide any information specified in the notice if doing so would tend to incriminate the person.

(2)A natural person to whom an information or document production notice is given may not refuse or fail to produce a document specified in the notice if doing so would tend to incriminate the person.

90NAdmissibility of document produced under information or document production notice

A document produced by a natural person, under an information or document production notice, that would tend to incriminate the person is not admissible in evidence against the person in a criminal proceeding unless—

(a)the person is required by law to keep the document; or

(b)the proceeding is in respect of false or misleading information included in the document.".

109Definitions

In section 100 of the Radiation Act 2005—

(a)in the definition of eligible person—

(i)in paragraph (a), for "section 37;" substitute "section 37; or";

(ii)in paragraph (b), for "holder;" substitute "holder; or";

(iii)in paragraph (c), for "section 86(1)(c);" substitute "section 86(1)(c); or";

(iv)in paragraph (d), for "section 90A;" substitute "section 90A; or";

(v)after paragraph (d) insert—

"(e)a person to whom an information or document production notice is given;";

(b)in the definition of reviewable decision—

(i)in paragraph (d), for "the notice." substitute "the notice;";

(ii)after paragraph (d) insert—

"(e)in relation to an eligible person who is a person to whom an information or document production notice is given, a decision of the Secretary—

(i)to give the information or document production notice to the person; or

(ii)to give a notice to the person—

(A)amending the period within which the person must comply with the information or document production notice; or

(B)amending or revoking the requirement to provide or produce particular information or a particular document.".

PART 9—AMENDMENT OF SAFE DRINKING WATER ACT 2003

110New Division 2A of Part 4 inserted

After Division 2 of Part 4 of the Safe Drinking Water Act 2003 insert—

"Division 2A—Infringement notices

47A Infringement notice

(1)The Secretary or an authorised officer may serve an infringement notice on a person whom the Secretary or authorised officer reasonably believes has committed a prescribed offence.

(2)An offence referred to in subsection (1) is an infringement offence within the meaning of the Infringements Act 2006.

(3)The infringement penalty for an infringement offence is the prescribed infringement penalty for that infringement offence.".

111Regulations

After section 56(1)(g) of the Safe Drinking Water Act 2003 insert—

"(ga)prescribing offences against a provision of this Act or the regulations for the purposes of section 47A(1);

(gb)in relation to each offence prescribed for the purposes of section 47A(1), prescribing the penalty for the offence;".

PART 10—MISCELLANEOUS AMENDMENTS

Division 1—Amendment of Assisted Reproductive Treatment Act 2008

112Statute law revision

(1)In section 40(1)(a)(ii) of the Assisted Reproductive Treatment Act 2008, for "commissioning" substitute "intended".

(2)In the heading to section 42A of the Assisted Reproductive Treatment Act 2008, for "intended" substitute "Intended".

Division 2—Amendment of Drugs, Poisons and Controlled Substances Act 1981

113Statute law revision

(1)In section 69AC(2)(b) of the Drugs, Poisons and Controlled Substances Act 1981, for 'Police.".' substitute "Police.".

(2)In section 69QA(2)(d) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)in subparagraph (i), for "licenced grower or former licenced processer" substitute "licensed grower or former licensed processor";

(b)in subparagraph (iii), for "licenced" (where twice occurring) substitute "licensed".

Division 3—Amendment of Epworth Foundation Act 1980

114Definitions

In section 2 of the Epworth Foundation Act 1980, the definition of Epworth Hospital is repealed.

Division 4—Amendment of Health Services Act 1988

115Definitions

(1)In section 3(1) of the Health Services Act 1988—

(a)in the definition of Department omit "and Human Services";

(b)in paragraph (i) of the definition of health service entity omit "established by section 328 of the Mental Health Act 2014".

(2)In section 3(2) of the Health Services Act 1988, for "Human Services" substitute "Health".

116Statute law revision

In section 3(1) of the Health Services Act 1988, in the definition of health service entity, after paragraph (h) insert—

"(ha)Youth Mental Health and Wellbeing Victoria; or".

Division 5—Amendment of Public Health and Wellbeing Act 2008

117Immunity

In section 227AA(1)(a) of the Public Health and Wellbeing Act 2008, for "regulations; and" substitute "regulations; or".

118Statute law revision

(1)In section 3(1) of the Public Health and Wellbeing Act 2008, in the definition of Worksafe inspector, for "2004;" substitute "2004.".

(2)In section 165AI(2) of the Public Health and Wellbeing Act 2008, for "(j) that requires the quarantining" substitute "(k) that requires the quarantining".

Division 6—Amendment of Safe Drinking Water Act 2003

119Definitions

In section 3 of the Safe Drinking Water Act 2003, in paragraph (d) of the definition of water supplier, for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

PART 11—REPEAL OF THIS ACT 

120Repeal of this Act

This Act is repealed on 1 August 2026.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.

Minister's second reading speech—

Legislative Assembly: 14 August 2024

Legislative Council: 29 August 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Assisted Reproductive Treatment Act 2008, the Drugs, Poisons and Controlled Substances Act 1981, the Health Services Act 1988, the Non‑Emergency Patient Transport and First Aid Services Act 2003, the Public Health and Wellbeing Act 2008, the Radiation Act 2005 and the Safe Drinking Water Act 2003 in relation to regulatory and enforcement matters and to amend the Assisted Reproductive Treatment Act 2008, the Births, Deaths and Marriages Registration Act 1996, the Drugs, Poisons and Controlled Substances Act 1981, the Epworth Foundation Act 1980, the Health Services Act 1988, the Human Tissue Act 1982, the Public Health and Wellbeing Act 2008 and the Safe Drinking Water Act 2003 to make minor miscellaneous amendments and for other purposes."