Australian Immunisation Register Amendment (Reporting) Act 2021

Administered by Department of Health, Disability and Ageing

Legislation au C2021A00001 In force Act

Legislation content

 

 

 

 

 

 

Australian Immunisation Register Amendment (Reporting) Act 2021

 

No. 1, 2021

 

 

 

 

 

An Act to amend the Australian Immunisation Register Act 2015, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Australian Immunisation Register Act 2015

Part 2—Contingent amendments

Australian Immunisation Register Act 2015

 

 

 

Australian Immunisation Register Amendment (Reporting) Act 2021

No. 1, 2021

 

 

 

An Act to amend the Australian Immunisation Register Act 2015, and for related purposes

[Assented to 15 February 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Australian Immunisation Register Amendment (Reporting) Act 2021.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

15 February 2021

2.  Schedule 1, Part 1

The day after this Act receives the Royal Assent.

16 February 2021

3.  Schedule 1, Part 2

The later of:

(a) immediately after the commencement of the provisions covered by table item 2; and

(b) immediately after the commencement of the Federal Circuit and Family Court of Australia Act 2021.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

1 September 2021

(paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Australian Immunisation Register Act 2015

1  Section 4

Insert:

civil penalty provision has the same meaning as in the Regulatory Powers Act.

provider identification information has the meaning given by section 5A.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

Secretary means the Secretary of the Department.

2  After section 5

Insert:

5A  Meaning of provider identification information

  If a recognised vaccination provider administers a vaccine, or is given information about a relevant vaccination, at a place where the provider practices the provider’s profession, then each of the following is provider identification information for the provider:

 (a) the provider’s name and contact details;

 (b) if a number known as a provider number has been allocated by the Chief Executive Medicare to the provider in respect of that place—that number;

 (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.

3  Section 6

After “liable to”, insert “a pecuniary penalty or to”.

4  Section 7

After:

The purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.

insert:

Recognised vaccination providers are required to report certain information in relation to certain relevant vaccinations that have been administered. This information will be included in the register.

A recognised vaccination provider may be required to give information, or be given a formal warning, if the provider is not complying, or has not complied, with the requirement to report.

5  Subparagraphs 9(b)(iii) and (iv)

Omit “the name and contact details of”, substitute “provider identification information for”.

6  At the end of paragraph 9(d)

Add:

 and (iv) if a number known as a provider number has been allocated by the Chief Executive Medicare to that general practitioner, paediatrician, public health physician, infectious diseases physician or clinical immunologist in respect of the place at which the assessment was conducted—that number;

7  After Division 2 of Part 2

Insert:

Division 2A—Reporting obligation etc.

10A  Requirement to report information relating to certain relevant vaccinations

Relevant vaccination administered in Australia

 (1) If:

 (a) a recognised vaccination provider administers a relevant vaccination in Australia; and

 (b) the relevant vaccination:

 (i) is of a kind prescribed by the rules; and

 (ii) is administered in the circumstances prescribed by the rules;

the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.

 (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Relevant vaccination administered outside Australia

 (3) If:

 (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and

 (b) the relevant vaccination:

 (i) is of a kind prescribed by the rules; and

 (ii) was administered in the circumstances prescribed by the rules;

the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.

 (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty provision etc.

 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).

Civil penalty: 30 penalty units.

 (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.

10B  Secretary may require recognised vaccination provider to give information

 (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.

 (2) The period specified in the notice must not be shorter than 14 days after the notice is given.

 (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).

Civil penalty: 30 penalty units.

10C  Secretary may give formal warning to recognised vaccination provider

  If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:

 (a) inform the provider of that matter; and

 (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).

8  Paragraph 12(1)(a)

Omit “providing”, substitute “reporting”.

9  Subparagraph 12(1)(b)(iii)

Omit “providing”, substitute “reporting”.

10  Section 28

After “such as”, insert “civil penalties,”.

11  After section 28

Insert:

28A  Civil penalty provisions

Enforceable civil penalty provisions

 (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:

 (a) the Secretary;

 (b) an SES employee, or an acting SES employee, in the Department.

Relevant court

 (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

 (a) the Federal Court of Australia;

 (b) the Federal Circuit Court of Australia;

 (c) a court of a State or Territory that has jurisdiction in relation to the matter.

12  Before subsection 30(1)

Insert:

Delegation by the Minister

13  At the end of section 30

Add:

Delegation by the Secretary

 (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.

 (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.

Part 2—Contingent amendments

Australian Immunisation Register Act 2015

14  Paragraph 28A(3)(b)

Repeal the paragraph, substitute:

 (b) the Federal Circuit and Family Court of Australia (Division 2);

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 3 December 2020

Senate on 4 February 2021]

 

(168/20)

 

Overview

The Australian Immunisation Register Amendment (Reporting) Act 2021, enacted by the Parliament of Australia and assented to on 15 February 2021, amends the Australian Immunisation Register Act 2015 to introduce a new reporting requirement for recognised vaccination providers. This Act responds to the need for improved data collection on vaccinations administered both within and outside Australia to better support national vaccination programs and public health initiatives. The primary policy objective of this amendment is to ensure that recognised vaccination providers report specified information regarding certain vaccinations for inclusion in the Australian Immunisation Register. This includes the introduction of civil penalties for non-compliance with the new reporting obligations and provisions allowing the Secretary to require providers to give information or issue formal warnings if non-compliance is suspected. The amendments introduce new definitions and obligations, such as the requirement for providers to report specific details of vaccinations administered in Australia or information about vaccinations administered outside Australia, subject to certain conditions. The Act also outlines the mechanisms for enforcement of the new civil penalty provisions, including the specification of authorised applicants and relevant courts for enforcement purposes. The amendments aim to enhance the accuracy and timeliness of vaccination data, thereby supporting the effectiveness of vaccination programs and broader public health strategies.

Scope and Application

The Australian Immunisation Register Amendment (Reporting) Act 2021 applies to the Australian Immunisation Register Act 2015, specifically to the obligations and responsibilities of recognised vaccination providers in relation to reporting immunisation data. The Act amends the original Act to enhance reporting requirements for vaccinations administered both within and outside Australia. This includes imposing a duty on recognised vaccination providers to report information about relevant vaccinations to be included in the Australian Immunisation Register (AIR). The Act applies to any recognised vaccination provider who administers or receives information about a relevant vaccination. The geographic reach of this Act is national, as it pertains to the Australian Immunisation Register, which is a Commonwealth initiative. The Act does not explicitly state exclusions or exemptions, but it does provide exceptions where complying with reporting requirements might pose a risk to health or safety. The application and enforcement of the Act may be extended through subordinate instruments, such as rules that prescribe the specifics of what vaccinations, circumstances, information, and reporting periods are required. These rules can further detail the obligations imposed by the Act.

Key Provisions

The Australian Immunisation Register Amendment (Reporting) Act 2021 (Act) amends the Australian Immunisation Register Act 2015 (AIR Act) to introduce new requirements for vaccination providers to report certain information about vaccinations to the Australian Immunisation Register (AIR). Under section 10A of the AIR Act as amended, a recognised vaccination provider must report specific information about a relevant vaccination administered in Australia or information about a relevant vaccination administered outside Australia, within the prescribed period and manner, for inclusion in the AIR (section 10A(1) and (3)). This requirement does not apply if the provider reasonably believes that complying with the requirement is likely to pose a risk to the health or safety of an individual (section 10A(2) and (4)). Recognised vaccination providers found in breach of these reporting requirements are subject to a civil penalty of 30 penalty units (section 10A(5)). The Act also introduces provisions allowing the Secretary to require a recognised vaccination provider to provide information relating to non-compliance with the reporting requirements (section 10B), and to give a formal warning to a provider who may have contravened the reporting requirements (section 10C). Failure to comply with a requirement to provide information under section 10B is subject to a civil penalty of 30 penalty units (section 10B(3)). Under the Act, a recognised vaccination provider has an obligation to report specific information about vaccinations administered in or outside Australia to the AIR, within a prescribed period and manner, unless complying with the requirement is likely to pose a risk to the health or safety of an individual (section 10A). The Act also imposes an obligation on the Secretary to require a recognised vaccination provider to provide information relating to non-compliance with the reporting requirements, and to give a formal warning to a provider who may have contravened the reporting requirements (sections 10B and 10C). The Secretary may delegate functions or powers under sections 10B and 10C to an SES employee, or an acting SES employee, in the Department (section 28A(4)). Breach of the reporting requirements under section 10A of the AIR Act is subject to a civil penalty of 30 penalty units (section 10A(5)). Failure to comply with a requirement to provide information under section 10B of the AIR Act is also subject to a civil penalty of 30 penalty units (section 10B(3)). The Act provides that each civil penalty provision of the AIR Act is enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 (section 28A(1)). Authorised applicants in relation to the civil penalty provisions of the AIR Act include the Secretary and an SES employee, or an acting SES employee, in the Department (section 28A(2)(a) and (b)). Relevant courts in relation to the civil penalty provisions of the AIR Act include the Federal Court of Australia, the Federal Circuit Court of Australia, and a court of a State or Territory that has jurisdiction in relation to the matter (section 28A(2)(a), (b) and (c)).

Legal classification tags

Area of Law
Health Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Civil Penalty Provisions
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.