EXPLANATORY STATEMENT
Issued by the Authority of the Delegate of the Minister for Health and Ageing
National Health Act 1953
National Health (Immunisation Program – Designated Vaccines) Determination 2007 (No.2)
Legislation
Subsection 9B(1) of the National Health Act 1953 (‘the Act’) provides that the Minister may provide, or arrange for the provision of designated vaccines and goods or services that are associated with, or incidental to, the provision or administration of designated vaccines. Subsection 9B(2) provides that the Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of this Act. Subsection 9B(5) provides that in addition to specifying a vaccine, a determination under subsection (2) may specify the circumstances in which the vaccine may be provided.
Purpose
The National Health (Immunisation Program - Designated Vaccines) Determination 2007(No. 1) (‘the Original Determination’) was made on 18 June 2007 and came into effect upon registration on 21 June 2007. It is now necessary for a change to the circumstances under which a specified vaccine can be provided under subsection 9B(2), and circumstances specified under subsection 9B(5). It has been decided to provide for these additional matters by revoking and remaking the Original Determination rather than amending it.
Instrument Description
The Original Determination came into effect on 1 January 2006, designating vaccines that were available under the repealed section 9B of the National Health Act 1953 at any time during the period of 60 days immediately before the commencement of paragraph 9B(7)(b) as a 'designated vaccine' under the new section 9B of the Act.
The new determination is called the National Health (Immunisation Program - Designated Vaccines) Determination 2007 (No.2) (‘the New Determination’) and the only changes from the provisions of the Original Determination are in respect of the circumstances under which the Q Fever vaccine (Q-Vax) can be provided.
Authority
On 5 June 2006 the Minister for Health and Ageing delegated his powers under subsection 9B(2) of the National Health Act 1953 (‘the Act’) to the person occupying the position of Assistant Secretary of the Targeted Prevention Programs Branch, Population Health Division in the Department of Health and Ageing. This person is currently Ms Jenny Bourne.
Impact and Effect
The likely impact and effect of this change is minimal. As mentioned above, the New Determination is substantively identical to the Original Determination except for a change to the circumstances under which Q-Vax can be provided in a specified area in Waikerie SA. After this amendment has been made, a vaccination program to target people living in the area and now eligible for Q-Vax will be initiated.
Consultation
The Office of Best Practice Regulation has been consulted regarding the need for a Regulation Impact Statement (RIS). The advice received was that a RIS is not necessary as the amendment is a minor or machinery matter.
Reference Documents
- The Instrument of Delegation is at Attachment A.