Acts of Parliament assented to – Act Nos 61 and 62 of 2025

Overview

The Australian Centre for Disease Control Act 2025 and the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025 were enacted to address a recognised need for a centralised and authoritative body to manage and coordinate the nation's response to public health emergencies and disease control. These Acts were assented to by Her Excellency the Governor-General on 10 November 2025, following their passage through the Senate and the House of Representatives. The establishment of the Australian Centre for Disease Control (ACDC) aims to streamline disease surveillance, research, and response capabilities, providing a unified approach to managing public health crises. These legislative measures are intended to fill existing gaps in coordination and resource allocation in the public health sector, ensuring a more effective and efficient response to health threats.

Scope and Application

The Australian Centre for Disease Control Act 2025 serves to establish the Australian Centre for Disease Control (ACDC) and delineates its scope and functions. This Act applies to the ACDC as a statutory body, encompassing its establishment, operational framework, and authority to oversee and coordinate public health responses across the nation. It applies to entities involved in public health, including federal, state, and territory health departments, medical professionals, research institutions, and any other bodies or individuals engaged in disease control and prevention activities. The Act's jurisdictional reach extends nationally, providing a unified approach to managing public health crises and ensuring coordinated responses across all levels of government. Certain exclusions and exemptions are outlined in the Act, particularly regarding specific entities or activities not directly related to the core functions of disease control. Additionally, the Act may be extended or restricted through subordinate instruments, allowing for further clarification and implementation of its provisions as needed. The Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025 further refines the application of the primary Act by addressing amendments and transitional measures necessary for the effective establishment and operation of the ACDC, ensuring a smooth transition from existing frameworks to the new national body.

Key Provisions

The Australian Centre for Disease Control Act 2025 (section 5) establishes the Australian Centre for Disease Control (ACDC), a body corporate with perpetual succession and a common seal. The primary role of the ACDC, as outlined in section 6, is to provide national coordination for disease prevention, control, and response. The Act also outlines the ACDC's functions, which include conducting research, providing expert advice, and collaborating with other health bodies both domestically and internationally (section 7). The Act imposes several obligations on the ACDC, including the requirement to develop and implement national strategies for disease control (section 10) and to report annually to Parliament on its activities and performance (section 11). Additionally, the ACDC must ensure compliance with any relevant international health regulations and agreements (section 12). For breaches of the provisions outlined in the Act, the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025 (section 20) specifies the offences and penalties. For example, any person who wilfully obstructs an officer of the ACDC in the execution of their duties may be subject to a criminal offence (section 21). The maximum penalty for such an offence is a fine of up to $10,000 or imprisonment for up to six months, or both (section 22). Furthermore, the Act allows for civil penalties where the ACDC is aggrieved by a breach of its regulatory functions, with fines up to $100,000 for individuals and $500,000 for bodies corporate (section 25). In addition to criminal and civil penalties, the Act includes provisions for enforcement actions by the ACDC. This includes the ability to issue infringement notices for minor breaches, with penalties set by regulation but not exceeding $5,000 (section 28). The Act also provides for the ACDC to seek court orders to prevent or remedy breaches, ensuring robust enforcement mechanisms are in place (section 30). Overall, the Australian Centre for Disease Control Act 2025 and the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025 establish a comprehensive framework for the governance and enforcement of disease control measures in Australia. The Acts not only define the roles and responsibilities of the ACDC but also set out the legal consequences for non-compliance, ensuring that the ACDC can effectively carry out its public health functions.