Health Promotion Act 1995 (ACT)

Case

Health Promotion Act 1995 (repealed)    

A1995-43

Republication No 5

Effective:  2 July 2006

Republication date: 2 July 2006

As repealed by A2006-30 s 4 (1) (c)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Health Promotion Act 1995 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2006. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a) if the person charged is an individual—$100; or

    (b) if the person charged is a corporation—$500.

    Health Promotion Act 1995 (repealed)

    Contents

    Page

    Part 1Preliminary

    1. Name of Act  2

    2. Dictionary  2

    3. Notes  2

    Part 2The health promotion authority

    Division 2.1           Establishment and functions of health promotion authority

    1. Establishment of health promotion authority  3

    2. Functions of health promotion authority  3

    3. Delegation by health promotion authority  4

    4. Ministerial directions  4

    Division 2.2           Governing board

    1. Establishment of governing board  5

    2. Governing board members  5

    3. Exercise of functions of governing board  6

    Division 2.3           Staff, consultants and committees of health promotion authority

    1. Staff  6

    2. Consultants  7

    3. Committees and working groups  7

    4. Application of governance provisions to committee members           7

    5. Application of FMA protection provision to committee members etc     8

    Part 3Finances

    1. Income  9

    2. Transfers to health promotion authority  9

    24A          Amount transferable under s 24 (2) (a)  10

    1. Expenditure  11

    Part 4General

    1. Authority’s annual report  13

    2. Regulation-making power  13

    Dictionary14

    Endnotes

    1. About the endnotes  15

    2. Abbreviation key  15

    3. Legislation history  16

    4. Amendment history  17

    5. Earlier republications  20

    Health Promotion Act 1995 (repealed)

    An Act to establish an authority for the promotion of health, and for other purposes

    Part 1Preliminary

    1. Name of Act

      This Act is the Health Promotion Act 1995.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act.

      Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    Part 2The health promotion authority

    Note for pt 2

    The governance of territory authorities, including the health promotion authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

    The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

    Division 2.1               Establishment and functions of health promotion authority

    1. Establishment of health promotion authority

      The ACT Health Promotion Authority (the health promotion authority) is established.

      NoteIf a law changes a name of an entity (like the ACT Health Promotion Board), the entity continues in existence under the new name (the ACT Health Promotion Authority) and its identity is not affected by the change (see Legislation Act, s 183).

    2. Functions of health promotion authority

    3. The health promotion authority has the following functions:

      (a)funding activities related to the promotion of good health, safety and the prevention or early detection of disease;

      (b)promoting good health in the community through the sponsorship of sports, recreation and arts activities, and cultural activities generally;

      (c)encouraging healthy lifestyles and supporting activities involving participation in healthy pursuits;

      (d)promoting, through self-supporting activities, the community’s capacity to support its own good health;

      (e)promoting good health through collaboration between different sectors of the community;

      (f)exercising a function given to the authority under this Act or any other territory law;

      (g)funding research and development activities in support of the authority’s functions under paragraphs (a) to (f).

      NoteA provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196).

    4. In exercising its functions, the health promotion authority may do any of the following:

      (a)make grants;

      (b)produce and market goods and services.

    5. Subsection (2) does not limit how the health promotion authority may exercise its functions.

    6. Delegation by health promotion authority

      The health promotion authority may delegate a function to a member of the governing board or a public servant.

      Note 1The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

      Note 2For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    7. Ministerial directions

    8. The Minister may give the health promotion authority written directions in relation to the exercise of its functions.

    9. Before giving a direction the Minister must—

      (a)tell the governing board about the effect of the proposed direction; and

      (b)give the board a reasonable opportunity to comment on the proposed direction; and

      (c)consider any comments made by the board.

    10. The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.

    11. On receiving a direction under this section, the health promotion authority must comply with it.

    Division 2.2               Governing board

    1. Establishment of governing board

      The health promotion authority has a governing board.

    2. Governing board members

    3. The governing board has 10 members.

    4. The members must include the chief health officer and the following members:

      (a)a member with expertise in business or accountancy;

      (b)a member with expertise in media or communications;

      (c)a member with expertise in employee relations or occupational health and safety;

      (d)a member with expertise in community health;

      (e)a member with expertise in environmental health;

      (f)a member with expertise in sport or recreation;

      (g)a member with expertise in the arts or culture generally.

      Note 1A chair and deputy chair must be appointed to the governing board under the Financial Management Act 1996, s 79.

      Note 2The chief executive officer of the health promotion authority is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

    5. Exercise of functions of governing board

    6. In exercising its functions, the governing board may do the following:

      (a)appoint funding committees, chaired by members of the governing board, to give advice to the governing board about applications for funding;

      (b)appoint other committees and working groups to assist the governing board.

      NoteThe governing board also has functions under the Financial Management Act 1996.

    7. Subsection (1) does not limit how the governing board may exercise its functions.

    Division 2.3               Staff, consultants and committees of health promotion authority

    1. Staff

      The health promotion authority staff must be employed under the Public Sector Management Act 1994.

      NoteThe Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff).  Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

    2. Consultants

    3. The health promotion authority may engage consultants for this Act.

    4. However, the health promotion authority must not enter into a contract of employment under this section.

    5. Committees and working groups

      A committee or working group may decide its own procedures, unless the governing board directs otherwise.

    6. Application of governance provisions to committee members

    7. The governance provisions apply to a committee member as if—

      (a)a reference to a governing board member were a reference to a committee member; and

      (b)a reference to the governing board were a reference to the committee; and

      (c)a reference to a governing board meeting were a reference to a committee meeting; and

      (d)any other necessary changes, and any changes prescribed by regulation, were made.

    8. In this section:

      committee means a committee or working group appointed by the governing board.

      governance provisions means the following provisions of the Financial Management Act 1996:

      (a)section 85 (which is about honesty, care and diligence);

      (b)section 86 (which is about avoiding conflict of interest);

      (c)section 87 (which requires the agenda for a meeting to include an item about declaring a conflict of interest);

      (d)section 88 (which is about disclosure of interests).

    9. Application of FMA protection provision to committee members etc

    10. The Financial Management Act 1996, section 90 (Protection of governing board members from liability) applies to a relevant person as if—

      (a)a reference to a governing board member were a reference to a relevant person; and

      (b)any other necessary changes were made.

    11. In this section:

      committee means a committee or working group appointed by the governing board.

      relevant person means—

      (a)a member of a committee; or

      (b)a member of the staff of the health promotion authority; or

      (c)a consultant engaged by the health promotion authority.

    Part 3Finances

    1. Income

      The income of the health promotion authority is to consist of—

      (a)the establishment amount transferred to the health promotion authority under section 24 (1); and

      (b)the amount transferred to the health promotion authority annually under section 24 (2); and

      (c)income derived by the health promotion authority, and money recovered by the health promotion authority, in the exercise of its functions; and

      (d)income derived from investments.

    2. Transfers to health promotion authority

    3. The Territory must transfer to the health promotion authority the amount appropriated for this subsection determined by the Minister as the establishment amount.

    4. The Territory must transfer to the health promotion authority in each financial year an amount equal to the total of the following amounts:

      (a)the amount that, under section 24A, is the applicable amount for the financial year;

      (b)any additional amount determined by the Minister by instrument.

    (3) A determination under subsection (1) or (2) (b) must be presented to the Legislative Assembly within 15 sitting days after it is made.

    24AAmount transferable under s 24 (2) (a)

    (1) In this section:

    annual CPI number, in relation to a period of 12 months ending on 31 March, means the total of the index numbers, each of which is published by the Australian Statistician in relation to a quarter in the period.

    index number means an all groups consumer price index number, being the weighted average of the 8 Australian capital cities, published by the Australian statistician in relation to a quarter.

    (2) Subject to this section, the applicable amount for a financial year is the amount worked out as follows:

    (a)for the financial year beginning on 1 July 1998—the amount of $2 149 000;

    (b)for a later financial year—the amount transferred under section 24 (2) (a) in relation to the previous financial year.

    (3) Subsection (4) applies in relation to a financial year if the annual CPI number for the period of 12 months ending on 31 March in the calendar year in which the financial year begins is greater than the annual CPI number for the period of 12 months ending on 31 March in the previous calendar year.

    (4) If this subsection applies in relation to a financial year—

    (a)subsection (2) does not apply in relation to the financial year; and

    (b)the amount transferable under section 24 (2) (a) in relation to the financial year is the amount worked out in accordance with the following formula:

    where:

    A means the amount that would have been transferable under section 24 (2) (a) in relation to the financial year if subsection (2) had applied, instead of this subsection, in relation to the financial year.

    B means the annual CPI number for the period of 12 months ending on 31 March in the calendar year in which the financial year begins.

    C means the annual CPI number for the period of 12 months ending on 31 March in the previous calendar year.

    (5) For the formula in subsection (4)—

    (a)the factor obtained from the component ‘B ¸ C’ must be calculated to 3 decimal places; and

    (b)the product must be calculated to the nearest whole dollar.

    (6) Subject to subsection (7), if at any time, whether before or after the commencement of this Act, the Australian statistician has published or publishes an index number in relation to an index year in substitution for an index number previously published in relation to the same index year, the publication of the later index number must be disregarded for this section.

    (7) If at any time, whether before or after the commencement of this Act, the Australian statistician has changed or changes the reference base for the consumer price index, then, for the application of this section after the change, regard must be had only to the index number published in terms of the new reference base.

    1. Expenditure

    2. The income of the health promotion authority must be applied in the exercise of the authority’s functions.

    3. Without limiting subsection (1), the income of the health promotion authority must be applied towards payment of the following administrative costs:

      (a)the remuneration and allowances of governing board members, together with any associated administrative costs;

      (b)payments to the Territory of amounts equal to the salary and wages of the staff of the authority, together with any associated administrative costs;

      (c)payments to consultants engaged by the authority;

      (d)all other administrative overheads incurred in the exercise of the authority’s functions.

    Part 4General

    1. Authority’s annual report

      A report prepared by the health promotion authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include the following:

      (a)a copy of any direction given under section 7 (Ministerial directions) during the year;

      (b)a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year) under that section;

      (c)a copy of any determination made by the Minister under section 24 (Transfers to health promotion authority) during the year.

      NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.

    2. Regulation-making power

      The Executive may make regulations for this Act.

      NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.


    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

    ·     ACT

    ·     chief health officer

    ·     entity

    ·     exercise

    ·     function

    ·     under.

    governing board means the governing board of the health promotion authority.

    health promotion authority means the ACT Health Promotion Authority.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly pt = part
    div = division r = rule/subrule
    exp = expires/expired renum = renumbered
    Gaz = Gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired

    1. Legislation history

      Health Promotion Act 1995 No 43

      notified 7 November 1995 (Gaz 1995 No S274)

      commenced 7 November 1995 (s 2)

      as amended by

      Health Promotion (Amendment) Act 1997 No 15

      notified 29 May 1997 (Gaz 1997 No S136)
      ss 1-3, s 6 commenced 29 May 1997 (s 2 (1))

      remainder commenced 1 July 1997 (s 2 (2))

      Health Promotion (Amendment) Act 1998 No 10

      notified 10 June 1998 (Gaz 1998 No S160)
      ss 1-3 commenced 10 June 1998 (s 2 (1))

      remainder commenced 1 July 1998 (s 2 (2))

      Tobacco Licensing (Amendment) Act 1998 No 18 sch 1

      notified 10 July 1998 (Gaz 1998 No S190)

      commenced 10 July 1998 (s 2)

      Tobacco Amendment Act 2000 No 16 sch 3 pt 1

      notified 20 April 2000 (Gaz 2000 No 16)
      s 1, s 2 commenced 20 April 2000 (IA s 10B)

      sch 3 pt 1 commenced 1 July 2000 (s 2 (3))

      Legislation (Consequential Amendments) Act 2001 No 44 pt 180

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 180 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.18

      notified LR 19 March 2004
      s 1, s 2 commenced 19 March 2004 (LA s 75 (1))

      sch 1 pt 1.18 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)

      Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.9

      notified LR 26 October 2005
      s 1, s 2 commenced 26 October 2005 (LA s 75 (1))

      sch 1 pt 1.9 commenced 1 January 2006 (s 2 (2))

      as repealed by

      Administrative (Miscellaneous Amendments) Act 2006 A2006-30 s 4 (1) (c)

      notified LR 16 June 2006
      s 1, s 2 commenced 16 June 2006 (LA s 75 (1))

      s 4 (1) (c) commenced 1 July 2006 (s 2 (1))

    1. Amendment history

      Title

      titlesub A2005-52 amdt 1.30

      Dictionary

      s 2om 2001 No 44 amdt 1.2066

      ins A2005-52 amdt 1.131

      Notes

      s 3sub A2005-52 amdt 1.131

      def tobacco franchise fees am 1998 No 18 sch 1

      om 2000 No 16 sch 3 pt 1

      The health promotion authority

      pt 2 hdgsub A2005-52 amdt 1.132

      Establishment and functions of health promotion authority

      div 2.1 hdg(prev pt 2 div 1 hdg) renum R2 LA

      sub A2005-52 amdt 1.132

      Establishment of health promotion authority

      s 4sub A2005-52 amdt 1.132

      Functions of health promotion authority

      s 5sub A2005-52 amdt 1.132

      Delegation by health promotion authority

      s 6sub A2005-52 amdt 1.132

      Ministerial directions

      s 7sub A2005-52 amdt 1.132

      Governing board

      div 2.2 hdg(prev pt 2 div 2 hdg) renum R2 LA

      sub A2005-52 amdt 1.132

      Establishment of governing board

      s 8pars renum R2 LA

      sub A2005-52 amdt 1.132

      Governing board members

      s 9sub A2005-52 amdt 1.132

      Exercise of functions of governing board

      s 10sub A2005-52 amdt 1.132

      Staff, consultants and committees of health promotion authority

      div 2.3 hdg(prev pt 2 div 3 hdg) renum R2 LA

      sub A2005-52 amdt 1.132

      Staff

      s 11sub A2005-52 amdt 1.132

      Consultants

      s 12sub A2005-52 amdt 1.132

      Committees and working groups

      s 13sub A2005-52 amdt 1.132

      Application of governance provisions to committee members

      s 14sub A2005-52 amdt 1.132

      Application of FMA protection provision to committee members etc

      s 15sub A2005-52 amdt 1.132

      Staff

      s 16om A2005-52 amdt 1.132

      Consultants

      s 17om A2005-52 amdt 1.132

      Procedure

      div 2.4 hdg(prev pt 2 div 4 hdg) renum R2 LA

      om A2005-52 amdt 1.132

      Meeting procedure

      s 18om A2005-52 amdt 1.132

      Committees

      s 19om A2005-52 amdt 1.132

      Disclosures of interest—board members

      s 20om A2005-52 amdt 1.132

      Disclosures of interest—committee members

      s 21om A2005-52 amdt 1.132

      Confidentiality

      div 22.5 hdg(prev pt 2 div 5 hdg) renum R2 LA

      om A2005-52 amdt 1.132

      Confidential information

      s 22om A2005-52 amdt 1.132

      Income

      s 23am 1997 No 15 s 4; A2005-52 amdt 1.133

      Transfers to board

      s 24 hdgam A2005-52 amdt 1.133

      s 24am 1997 No 15 s 5; 1998 No 10 s 4; A2005-52 amdt 1.133

      Amount transferable under s 24 (2) (a)

      s 24Ains 1998 No 10 s 5

      Expenditure

      s 25sub A2005-52 amdt 1.134

      Strategic plans

      s 26om A2005-52 amdt 1.135

      Revised strategic plans

      s 27om A2005-52 amdt 1.135

      Application of Audit Act

      s 28om 1997 No 15 s 6

      Authority’s annual report

      s 29sub A2005-52 amdt 1.136

      Board’s annual report

      s 30sub A2004-9 amdt 1.26

      om A2005-52 amdt 1.136

      Regulation-making power

      s 31sub 2001 No 44 amdt 1.2067

      Dictionary

      dictins A2005-52 amdt 1.137

      def governing body ins A2005-52 amdt 1.137

      def health promotion authority ins A2005-52 amdt 1.137

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date
    1 Act 1998 No 18 28 February 1999
    2 A2001-44 2 May 2002
    3 A2004-9 13 April 2004
    4 A2005-52 1 January 2006

    ©  Australian Capital Territory 2006

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