EXPLANATORY STATEMENT
National Health Security Amendment Act 2012
Proclamation
Item 2 of the table in subsection 2(1) of the National Health Security Amendment Act 2012 (the Act) provides that Schedules 1 and 2 to the Act commence on 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 the Act receives the Royal Assent, they commence on the day after that period. The Act received Royal Assent on 10 December 2012.
The purpose of the Proclamation is to fix 31 March 2013 as the day on which Schedules 1 and 2 commence.
Schedule 1 refers to the main amendments in the Act, while Schedule 2 refers to the consequential amendments which include amendments to the National Health Security Regulations 2008.
The object of the National Health Security Act 2007 was to establish regulatory controls for Security Sensitive Biological Agents (SSBAs) that could be used as bio-weapons. To enhance the effectiveness of the SSBA regulatory scheme, the amendments to the Act will provide a streamlined reporting regime for both registered and non-registered entities.
These measures are in response to concerns raised by the regulated community, the Australian Intelligence Community and the SSBA Regulatory Scheme Inspectors.
Sections 1 to 3 of the Act commenced the day the Act received the Royal Assent.
In preparing changes to the NHS Act, the Department consulted the relevant areas of the Attorney-General’s Department, the Department of Prime Minister and Cabinet, and the Australian Government Solicitor. In addition to these departments, a consultation draft was released to the states and territories (thorough the National Counter-Terrorism Committee), the Office of the Gene Technology Regulator, the Australian Chemical, Biological, Radiological and Nuclear Data Centre, the Australian Intelligence Community and the Public Health Laboratory Network (a standing committee of the Australian Health Protection Principal Committee).
A Statement of Compatibility with Human Rights was prepared for the Act, and therefore an additional Statement is not required for the Proclamation.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments
Act 2003.
Authority: Subsection 2(1) of the National
Health Security Amendment Act 2012