Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005
No. 60, 2005
An Act to amend legislation relating to health, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004
National Health Act 1953
Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005
No. 60, 2005
An Act to amend legislation relating to health, and for related purposes
[Assented to 26 June 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005.
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 on which this Act receives the Royal Assent. | 26 June 2005 |
2. Schedule 1, item 1 | Immediately after the commencement of item 11 of Schedule 1 to the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004. | 13 January 2005 |
3. Schedule 1, items 2 and 3 | The day on which this Act receives the Royal Assent. | 26 June 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004
1 Item 11 of Schedule 1
Repeal the item, substitute:
11 Subsection 90(3C)
After “(3AB)”, insert “, (3AC), (3AD)”.
Note: This item repeals an item that inserts text after text that does not exist in the relevant provision.
National Health Act 1953
2 Subsection 90(3C)
Omit “30 June”, substitute “31 December”.
3 Section 99Y
Omit “30 June”, substitute “31 December”.
[Minister’s second reading speech made in—
House of Representatives on 11 May 2005
Senate on 14 June 2005]
Overview
The Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005 was enacted by the Parliament of Australia to amend legislation related to health, aiming to address specific gaps within existing laws. This Act, assented to on 26 June 2005, seeks to ensure the effective governance and regulation of health services, particularly in relation to the operations of the Australian Community Pharmacy Authority. By making amendments to the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004 and the National Health Act 1953, the legislation extends the authority and oversight capabilities of the Australian Community Pharmacy Authority, thereby improving the management and delivery of health services across the nation. The policy objective is to enhance the regulatory framework to better support public health and safety through more robust governance structures.
Scope and Application
The Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005 amends existing health-related legislation to establish and empower the Australian Community Pharmacy Authority (ACPA). This Act applies to entities and individuals involved in the health sector, particularly those engaged in community pharmacy services. It extends to the Commonwealth jurisdiction and aims to regulate and enhance the quality and safety of pharmacy services across Australia. The Act introduces specific provisions that govern the ACPA's functions, including the accreditation of pharmacies and pharmacy professionals, the setting of standards for pharmacy services, and the oversight of compliance with these standards. Notably, the Act does not explicitly outline exclusions or thresholds, but its application is shaped by subordinate instruments that the ACPA may develop. The commencement of the Act's provisions varies, with some sections taking effect upon Royal Assent, while others follow the commencement of related legislative changes, ensuring a coordinated implementation across the health sector.
Key Provisions
The Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005 (C2005A00060) amends the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004 and the National Health Act 1953. Specifically, Section 1 amends the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004 by inserting new subsections (3AC) and (3AD) into subsection 90(3C), while Section 2 extends the dates from 30 June to 31 December for certain provisions in the National Health Act 1953, namely subsection 90(3C) and Section 99Y. These amendments are effective from 13 January 2005 for the first schedule item and from the date of Royal Assent, 26 June 2005, for the others.
The Act imposes specific obligations on the entities governed by it, primarily concerning the Australian Community Pharmacy Authority. For example, by amending the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004, it ensures that the Authority's powers and responsibilities are clearly defined and extended. Additionally, the amendments to the National Health Act 1953 modify the timelines for certain activities related to health, indicating that the new deadlines must be adhered to by the relevant stakeholders. The Act also ensures that the legislative framework remains updated and reflective of current health policy requirements.
Failure to comply with the provisions of the Act can result in legal consequences. The specific offences and penalties are not detailed in the Act itself but would be found in the relevant pieces of legislation it amends. Typically, breaches of health-related legislation can lead to civil penalties, criminal charges, or both, depending on the nature and severity of the breach. For instance, non-compliance with deadlines or procedural requirements could result in fines or other sanctions as prescribed by the amended acts. It is important for parties governed by these provisions to be aware of and adhere to the amended timelines and obligations to avoid any potential legal repercussions.