Health and Other Legislation Amendment Act 2013

Administered by Department of Health, Disability and Ageing

Legislation au C2013A00111 In force Act

Legislation content

 

 

 

 

 

 

Health and Other Legislation Amendment Act 2013

 

No. 111, 2013

 

 

 

 

 

An Act to amend the law relating to food regulatory measures, health, medicare and industrial chemicals, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Food Standards Australia New Zealand Act 1991

Health Insurance Act 1973

Human Services (Medicare) Act 1973

Industrial Chemicals (Notification and Assessment) Act 1989

 

 

 

Health and Other Legislation Amendment Act 2013

No. 111, 2013

 

 

 

An Act to amend the law relating to food regulatory measures, health, medicare and industrial chemicals, and for related purposes

[Assented to 29 June 2013]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Health and Other Legislation Amendment Act 2013.

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

Provision(s)

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.

29 June 2013

2.  Schedule 1, items 1 to 17

The day after this Act receives the Royal Assent.

30 June 2013

3.  Schedule 1, items 18 and 19

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

29 December 2013

4.  Schedule 1, items 20 to 23

The day after this Act receives the Royal Assent.

30 June 2013

Note:  This table relates only to the provisions of this Act as originally enacted.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  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Food Standards Australia New Zealand Act 1991

1  Paragraph 23(2)(b)

Omit “fixed”.

2  Subsection 24(2)

Omit “fixed”.

3  Subparagraph 27(c)(i)

Omit “fixed under subparagraph 146(6)(b)(i)”, substitute “under section 146 in relation to the application”.

4  Paragraph 27(d)

Omit “fixed under subparagraph 146(6)(b)(ii)”, substitute “under section 146 in relation to the application”.

5  Subparagraph 48(1)(b)(i)

Omit “fixed under subparagraph 146(6)(b)(i)”, substitute “under section 146 in relation to the application”.

6  Paragraph 48(1)(c)

Omit “fixed under subparagraph 146(6)(b)(ii)”, substitute “under section 146 in relation to the application”.

7  Subsection 95(7)

Omit “fixed”.

8  Paragraph 108(1)(b)

Omit “fixed”.

9  Paragraph 109(2)(a)

Omit “fixed under subparagraph 146(6)(b)(i)”, substitute “under section 146 in relation to the application”.

10  Paragraph 109(2)(b)

Omit “fixed under subparagraph 146(6)(b)(ii)”, substitute “under section 146 in relation to the application”.

11  Subsection 109(7)

Omit “fixed”.

12  Subparagraph 109(9A)(c)(i)

Omit “fixed under subparagraph 146(6)(b)(ii)”, substitute “under section 146”.

13  Subparagraph 109(9B)(b)(i)

Omit “fixed under subparagraph 146(6)(b)(ii)”, substitute “under section 146”.

14  Subsection 110(3)

Omit “fixed”.

15  Subsection 146(2)

Omit “fixed”.

16  Subsection 146(7)

Omit “under”, substitute “as mentioned in”.

17  Paragraphs 152(1)(g), (h) and (i)

Omit “fixed”.

Health Insurance Act 1973

18  At the end of section 3

Add:

 (18) If:

 (a) a professional service prescribed by the regulations for the purposes of this paragraph is rendered by a medical practitioner who is a specialist trainee (see subsection (20)); and

 (b) the specialist trainee renders the service under the supervision of another medical practitioner who is present at all times while the specialist trainee renders the service;

then, for the purposes of this Act and the regulations:

 (c) the service is taken to have been rendered by the other medical practitioner; and

 (d) the service is taken not to have been rendered by the specialist trainee.

 (19) The regulations may prescribe provisions of this Act and of the regulations to which subsection (18) does not apply.

 (20) In subsection (18):

specialist trainee has the meaning given by regulations made for the purposes of this subsection.

19  Application provision

The amendment made by item 18 applies in relation to professional services rendered on or after the commencement of that item.

Human Services (Medicare) Act 1973

20  At the end of subsections 41C(1) and (2)

Add:

Note: See section 41CA for exceptions.

21  Subsection 41C(6)

Repeal the subsection.

22  After section 41C

Insert:

41CA  Authorisations for purposes of section 41C

 (1) Subsection 41C(1) or (2) does not apply to conduct engaged in by a person in accordance with an authorisation (including any conditions) in force under subsection (2) of this section in relation to the person.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code.

 (2) For the purposes of subsection (1), the Secretary may, by writing, authorise specified persons to engage in specified conduct. The authorisation may make the conduct subject to specified conditions.

Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.

 (3) An authorisation under subsection (2) ceases to be in force in relation to a person if the person contravenes a condition of the authorisation that applies to the person.

 (4) Subsection (3) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to an authorisation under subsection (2) of this section.

Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.

Delegation

 (5) The Secretary may, by writing, delegate the Secretary’s powers under subsection (2) to:

 (a) the Chief Executive Medicare; or

 (b) any other APS employee in the Department; or

 (c) an APS employee in the Department administered by the Minister administering the Health Insurance Act 1973.

Note: The expression APS employee is defined in section 2B of the Acts Interpretation Act 1901.

 (6) A delegate must comply with any written directions of the Secretary.

Authorisation not a legislative instrument

 (7) An authorisation under subsection (2) is not a legislative instrument.

Industrial Chemicals (Notification and Assessment) Act 1989

23  Subparagraph 21(6)(b)(ii)

Omit “at the port or airport”.

[Minister’s second reading speech made in—

House of Representatives on 19 September 2012

Senate on 28 November 2012]

(161/12)

 

Overview

The Health and Other Legislation Amendment Act 2013, enacted on 29 June 2013, was passed by the Parliament of Australia to address various issues related to food regulatory measures, health, Medicare, and industrial chemicals. The Act provides amendments to existing legislation, including the Food Standards Australia New Zealand Act 1991, the Health Insurance Act 1973, the Human Services (Medicare) Act 1973, and the Industrial Chemicals (Notification and Assessment) Act 1989. A significant policy objective behind the Act is to enhance the regulation and oversight of food standards, health services, Medicare benefits, and industrial chemicals to ensure the safety and well-being of the Australian public. The Act's amendments cover a broad spectrum of provisions, such as updating regulatory frameworks, clarifying the application of certain laws, and introducing new provisions to address emerging issues in the respective sectors. For example, it includes changes to the Food Standards Australia New Zealand Act 1991 to better align food safety standards with current practices and technological advancements. The Health Insurance Act 1973 and Human Services (Medicare) Act 1973 are amended to refine the scope of services covered under Medicare and to clarify the responsibilities of medical practitioners and specialist trainees. Additionally, the Industrial Chemicals (Notification and Assessment) Act 1989 is amended to update the notification requirements for industrial chemicals, reflecting changes in global trade practices and safety standards.

Scope and Application

The Health and Other Legislation Amendment Act 2013, which received Royal Assent on 29 June 2013, aims to amend various legislative frameworks relating to food regulatory measures, health, Medicare, and industrial chemicals. This Act applies to entities and individuals involved in these sectors, including those who import or manufacture food products, those who provide or receive health services, and those who handle industrial chemicals. The amendments introduced by this Act cover a range of provisions within the Food Standards Australia New Zealand Act 1991, the Health Insurance Act 1973, the Human Services (Medicare) Act 1973, and the Industrial Chemicals (Notification and Assessment) Act 1989. Certain provisions of this Act commenced immediately upon Royal Assent, while others were set to commence on specified dates or within six months, as detailed in the commencement table. The Act extends its application through subordinate instruments, such as regulations, which can prescribe specific provisions and conditions for the amended Acts. Exemptions and exclusions are detailed within the specific sections of the amended Acts, with particular attention to the conditions under which certain activities or services are authorised or exempted from particular legislative requirements.

Key Provisions

The Health and Other Legislation Amendment Act 2013 (No. 111, 2013) amends several key pieces of Australian legislation, including the Food Standards Australia New Zealand Act 1991, the Health Insurance Act 1973, the Human Services (Medicare) Act 1973, and the Industrial Chemicals (Notification and Assessment) Act 1989. The Act received Royal Assent on 29 June 2013, with specific provisions commencing on various dates, either immediately or within six months of the Act’s enactment. The amendments focus on regulatory measures for food standards, health services, Medicare, and industrial chemicals. Regarding food standards, the Act modifies the Food Standards Australia New Zealand Act 1991 by removing the term “fixed” from various subsections, such as 23(2)(b), 24(2), 27(c)(i), 27(d), 48(1)(b)(i), 48(1)(c), 95(7), 108(1)(b), 109(2)(a), 109(2)(b), 109(7), 109(9A)(c)(i), 109(9B)(b)(i), and 110(3), and substituting it with references to “section 146 in relation to the application.” This change likely aims to clarify or adjust the regulatory framework for food standards. The Health Insurance Act 1973 is amended by adding a new subsection (18) that addresses professional services rendered by specialist trainees under supervision. According to this amendment, such services are deemed to be rendered by the supervising practitioner, not the trainee, provided the trainee is a specialist in training and the supervising practitioner is present throughout the service. This change aims to clarify the attribution of professional services in health insurance contexts. Additionally, the regulations can prescribe exceptions to this rule, with "specialist trainee" defined by the regulations. The amendment applies to services rendered after its commencement. The Human Services (Medicare) Act 1973 sees significant changes, primarily the addition of new subsections and sections. Subsections 41C(1) and (2) now include a note referencing section 41CA for exceptions, while subsection 41C(6) is repealed. Section 41CA is inserted to allow the Secretary to authorize specified persons to engage in conduct otherwise restricted by subsections 41C(1) or (2). These authorisations can be subject to conditions, and they cease if a condition is breached. The Secretary can delegate this authority to certain officials, and these authorisations are not considered legislative instruments. Lastly, the Industrial Chemicals (Notification and Assessment) Act 1989 is amended by removing “at the port or airport” from subparagraph 21(6)(b)(ii), which likely modifies the conditions under which industrial chemicals can be assessed or notifications can be made. The Act imposes various obligations on entities governed by these amended Acts, such as complying with new definitions and conditions for authorisations and clarifying the attribution of professional services. Failure to comply with the provisions of this Act can result in civil or criminal consequences, including fines and imprisonment, although the specific penalties are not detailed within the Act itself. The penalties would depend on the nature and severity of the breach, as well as other applicable laws.

Legal classification tags

Area of Law
Food Law
Health Law
Medicare Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation
Civil Penalty Provisions
Reporting & Disclosure Obligations
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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.