National Blood Authority Act 2003 - Legislation

Prepared by the Office of Parliamentary Counsel, Canberra

National Blood Authority Act 2003

No. 29, 2003

Compilation No. 9

Compilation date: 1 July 2016

Includes amendments up to: Act No. 126, 2015

Registered: 19 July 2016

This compilation includes commenced amendments made by Act No. 59,

2015

Authorised Version C2016C00846 registered 19/07/2016

About this compilation

This compilation

This is a compilation of the National Blood Authority Act 2003 that shows the

text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.


National Blood Authority Act 2003 i

Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16

Contents

Part 1—Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Definitions ......................................................................................... 2 4 Main purpose of this Act ................................................................... 4 5 This Act binds the Crown .................................................................. 4 6 Application to the external Territories ............................................... 4

Part 2—The National Blood Authority 5 7 Establishment .................................................................................... 5 8 Functions ........................................................................................... 5 9 Policy principles about the NBA’s functions ..................................... 7 10 General Manager’s power to obtain information and

documents .......................................................................................... 7 11 Protecting confidentiality of information ........................................... 9

Part 3—The NBA Board 10 12 Establishment .................................................................................. 10 13 Functions ......................................................................................... 10 14 Membership ..................................................................................... 10 15 Appointing members ....................................................................... 11 16 Term of appointment ....................................................................... 11 17 Acting appointments ........................................................................ 11 18 Members’ remuneration .................................................................. 12 19 Leave of absence ............................................................................. 13 20 Resignation ...................................................................................... 13 21 Termination of appointment ............................................................ 13 22 Board procedures ............................................................................. 14

Part 4—The NBA General Manager, staff and advisory

committees 15

Division 1—The General Manager 15

Subdivision A—Establishment and role 15 23 General Manager ............................................................................. 15 24 Function ........................................................................................... 15 25 Working with the Board .................................................................. 15 26 Delegation ....................................................................................... 15


ii National Blood Authority Act 2003


Subdivision B—Appointing the General Manager 16 27 Appointing the General Manager .................................................... 16 28 Term of appointment ....................................................................... 16 29 Acting appointments ........................................................................ 16 30 General Manager’s remuneration .................................................... 16 31 Outside employment ........................................................................ 17 32 Leave of absence ............................................................................. 17 34 Resignation ...................................................................................... 17 35 Termination of appointment ............................................................ 17

Division 2—Staff and consultants 20 36 Staff ................................................................................................. 20 37 Consultants ...................................................................................... 20

Division 3—Advisory committees 21 38 Advisory committees ....................................................................... 21 39 Committee members’ remuneration ................................................ 21

Part 5—The National Blood Account 23 40 National Blood Account .................................................................. 23 41 Credits to the Account ..................................................................... 23 42 Purposes of the Account .................................................................. 23

Part 6—Miscellaneous 25 43 Corporate plan ................................................................................. 25 44 Annual reports ................................................................................. 25 45 Regulations ...................................................................................... 25

Endnotes 26

Endnote 1—About the endnotes 26

Endnote 2—Abbreviation key 28

Endnote 3—Legislation history 29

Endnote 4—Amendment history 32


Preliminary Part 1

Section 1

National Blood Authority Act 2003 1


An Act to enhance the management of Australia’s

blood supply, and for related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the National Blood Authority Act 2003.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, on the day or at the

time specified in column 2 of the table.

Commencement information

Column 1 Column 2 Column 3

Provision(s) Commencement Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent

15 April 2003

2. Sections 3 to

45

Either:

(a) if this Act receives the Royal Assent

before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be

fixed by Proclamation, subject to

subsection (3)

1 July 2003

(paragraph (a)

applies)

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.


Part 1 Preliminary

Section 3

2 National Blood Authority Act 2003


(2) Column 3 of the table is for additional information that is not part

of this Act. This information may be included in any published

version of this Act.

(3) If a provision covered by item 2 of the table has not commenced on

1 July 2003, and does not commence within the period of 6 months

beginning on the day on which this Act receives the Royal Assent,

it commences on the first day after the end of that period.

3 Definitions

In this Act, unless the contrary intention appears:

Australia, when used in a geographical sense, includes Norfolk

Island, the Territory of Cocos (Keeling) Islands and the Territory

of Christmas Island.

blood products and services means:

(a) products (blood products) that are used or intended for use

for human therapeutic or diagnostic purposes and that:

(i) consist of human blood or components of human blood;

or

(ii) are derived from human blood; or

(b) products (blood-related products) that are used or intended

for use for human therapeutic or diagnostic purposes and

that:

(i) are alternative or complementary to the use of blood

products; and

(ii) are regarded as blood-related products for the National

Blood Agreement; or

(c) services, equipment or procedures that are regarded as

blood-related services for the National Blood Agreement and

that:

(i) are used in the collection, supply or use of blood

products or blood-related products; or

(ii) are alternatives to the use of blood products or

blood-related products; or


Preliminary Part 1

Section 3



(iii) reduce the need for blood products or blood-related

products; or

(iv) otherwise affect the demand or supply of blood products

or blood-related products.

blood-related information has the meaning given by

subsection 10(4).

Board means the NBA Board established by section 12.

Chair means the Chair of the Board.

covered Territories means the following:

(a) the Australian Capital Territory;

(b) the Northern Territory;

(ba) Norfolk Island;

(c) the Territory of Christmas Island;

(d) the Territory of Cocos (Keeling) Islands;

(e) the Australian Antarctic Territory;

(f) the Jervis Bay Territory.

CSC (short for Commonwealth Superannuation Corporation) has

the same meaning as in the Governance of Australian Government

Superannuation Schemes Act 2011.

General Manager means the General Manager (described in

Part 4) of the NBA.

Ministerial Council has the same meaning as in the National

Blood Agreement.

National Blood Agreement means the national blood agreement

that:

(a) relates to matters in this Act (in particular the supply of blood

products and services); and

(b) is between the Commonwealth, the States, the Northern

Territory and the Australian Capital Territory; and

(c) is in force from time to time.


Part 1 Preliminary

Section 4



national blood arrangements means arrangements in, or referred

to in, the National Blood Agreement.

NBA means the National Blood Authority established by section 7.

NBA staff means the staff described in section 36.

4 Main purpose of this Act

The main purpose of this Act is to establish the NBA as part of the

coordinated national approach to policy setting, governance and

management of the Australian blood sector as agreed in the

National Blood Agreement.

5 This Act binds the Crown

This Act binds the Crown in each of its capacities, but does not

make the Crown liable to be prosecuted for an offence.

6 Application to the external Territories

This Act extends to each external Territory.


The National Blood Authority Part 2

Section 7



Part 2—The National Blood Authority

7 Establishment

(1) The National Blood Authority is established by this section.

(2) The NBA consists of the General Manager and the NBA staff.

Note: The NBA does not have a legal identity separate from the

Commonwealth.

(3) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013):

(a) the NBA is a listed entity; and

(b) the General Manager is the accountable authority of the

NBA; and

(c) the following persons are officials of the NBA:

(i) the General Manager;

(ii) the NBA staff;

(iii) consultants engaged under section 37; and

(d) the purposes of the NBA include the functions of the NBA

referred to in section 8.

8 Functions

(1) The NBA’s functions are as follows:

(a) to liaise with, and gather information from, governments,

suppliers and others about matters relating to blood products

and services;

(b) to carry out national blood arrangements relating to annual

plans and budgets for the production and supply of blood

products and services;

(c) to carry out national blood arrangements to ensure that there

is a sufficient supply of blood products and services in all the

States and covered Territories;


Part 2 The National Blood Authority

Section 9



(d) to carry out national blood arrangements relating to the

funding of:

(i) the supply of blood products and services; and

(ii) the NBA’s operations;

(e) to enter and manage contracts and arrangements for the

collection, production and distribution of the blood products

and services necessary to ensure a sufficient supply of blood

products and services in all the States and covered

Territories;

(f) to carry out national blood arrangements relating to safety

measures, quality measures, contingency measures and risk

mitigation measures for the supply of blood products and

services;

(g) to provide information and advice to the Minister and the

Ministerial Council about matters relating to blood products

and services;

(h) to carry out national blood arrangements relating to the

facilitation and funding of research, policy development and

other action about matters relating to blood products and

services;

(i) to provide assistance:

(i) in accordance with national blood arrangements, to a

committee referred to in those arrangements; and

(ii) to the Board; and

(iii) to the advisory committees (if any) established under

section 38;

(j) such other functions (if any) as are determined by the

Ministerial Council and specified in a notice under

subsection (2) given by the Minister to the NBA.

(2) The Minister may, by legislative instrument, make a notice for the

purposes of paragraph (1)(j).



Section 9



9 Policy principles about the NBA’s functions

(1) The Minister may, in accordance with the National Blood

Agreement, give written policy principles to the NBA about the

performance of its functions.

(2) The Minister must cause a copy of the policy principles to be

presented to each House of the Parliament within 15 sitting days of

that House after the day on which they were given to the NBA.

(3) The NBA must comply with the policy principles (if any) when

performing its functions.

10 General Manager’s power to obtain information and documents

Requirements to give information

(1) The General Manager may, by written notice, require a person

described in subsection (3) whom the General Manager reasonably

believes is capable of giving blood-related information, to give that

information to the General Manager by giving the General

Manager either or both of the following:

(a) written answers to questions specified in the notice;

(b) such documents, or copies of documents, as are described in

the notice.

Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal

with service of documents) apply to a notice given under this section.

Note 2: For document, see section 2B of the Acts Interpretation Act 1901.

(2) A notice given under subsection (1) must specify:

(a) the time by which the information must be given, which must

be at least 14 days after the day the notice was given; and

(b) how the information must be given.

Who may be required to give information

(3) A notice may be given under subsection (1) to:


Part 2 The National Blood Authority

Section 10



(a) the person who has overall responsibility for the provision of

hospital services (as defined in the Health Insurance Act

1973) at a private hospital (as defined in that Act); or

(b) a supplier of blood products and services in Australia; or

(c) an importer of blood products and services into Australia; or

(d) a person specified in the regulations.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Information that may be required to be given

(4) Blood-related information is information, other than personal

information (as defined in the Privacy Act 1988), relating to one or

more of the following matters:

(a) demand for blood products and services;

(b) supplying blood products and services (including their

receipt by a hospital);

(c) forecasting:

(i) donations of human blood; or

(ii) supplies of blood products and services;

(d) benchmarking a person’s performance in respect of a matter

relating to blood products and services;

(e) cost of blood products and services;

(f) safety and quality of blood products and services;

(g) possible or actual risks to a sufficient supply of blood

products and services in all the States and covered

Territories.

Offence for failing to comply with a requirement

(5) A person commits an offence if the person fails to comply with a

requirement under subsection (1).

Penalty: 30 penalty units.



Section 11



Self-incrimination

(6) A person is excused from complying with a requirement made of

the person under subsection (1) if the answer to the question or the

production of the document or copy might tend to incriminate the

person or expose the person to a penalty or other liability.

Note: A defendant bears an evidential burden in relation to the excuse in

subsection (6) (see subsection 13.3(3) of the Criminal Code).

Compensation for giving documents

(7) A person is entitled to be paid by the NBA reasonable

compensation for complying with a requirement covered by

paragraph (1)(b).

11 Protecting confidentiality of information

(1) A person commits an offence if:

(a) the person discloses a fact or document; and

(b) the fact came to the person’s knowledge, or the document

came into the person’s possession, because of the person’s

official employment; and

(c) the disclosure is not made in the course of the person’s

official employment.

Penalty: Imprisonment for 2 years.

(2) In this section:

official employment means:

(a) service as the General Manager or as a member of the NBA

staff; or

(b) service as a Board member; or

(c) the performance of services for the NBA or the Board.


Part 3 The NBA Board

Section 12



Part 3—The NBA Board

12 Establishment

The NBA Board is established by this section.

13 Functions

(1) The Board’s functions are as follows:

(a) to participate in consultation with the Minister about the

appointment of the General Manager;

(b) to give advice to the General Manager about the performance

of the NBA’s functions;

(c) to liaise with governments, suppliers and others about

matters relating to the NBA’s functions;

(d) such other functions (if any) as are specified in a notice under

subsection (2) given by the Minister to the Chair.

(2) The Minister may, by legislative instrument, make a notice for the

purposes of paragraph (1)(d).

14 Membership

The Board consists of:

(a) a Chair; and

(b) a person representing the interests of the Commonwealth;

and

(c) 1 or 2 persons representing the interests of the States and

Territories; and

(d) a person representing the community; and

(e) a person with expertise in public health issues relating to

human blood; and

(f) a person with financial or commercial expertise.


The NBA Board Part 3

Section 15



15 Appointing members

(1) Board members are to be appointed by the Minister by written

instrument.

(2) Before appointing them, the Minister must be satisfied that:

(a) they have been selected by the Ministerial Council for

appointment; and

(b) the person selected to be the Chair is considered by the

Ministerial Council to be independent from the interests of:

(i) the suppliers of blood products and services; and

(ii) the Commonwealth, States and Territories; and

(c) the person selected to represent the interests of the

Commonwealth was nominated by the Commonwealth; and

(d) the person or persons selected to represent the interests of the

States and Territories were nominated by a State or Territory.

(3) A Board member is to be appointed on a part-time basis.

16 Term of appointment

A Board member holds office for the period specified in the

instrument of appointment. The period must not exceed 4 years.

17 Acting appointments

(1) The Minister may appoint a Board member to act as the Chair:

(a) during a vacancy in the office of Chair, whether or not an

appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Chair is

absent from duty or from Australia, or is, for any reason,

unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(2) The Minister may appoint a person to act as a Board member:



Section 18



(a) during a vacancy in the office of a Board member, whether or

not an appointment has previously been made to the office;

or

(b) during any period, or during all periods, when a Board

member is absent from duty or from Australia, or is, for any

reason, unable to perform the duties of the office.



(3) The Minister may only appoint a person to act as a Board member

described in one of paragraphs 14(b) to (f) if the person is qualified

to be appointed as the Board member described in the paragraph

concerned.

18 Members’ remuneration

(1) A Board member is to be paid the remuneration that is determined

by the Remuneration Tribunal. If no determination of that

remuneration by the Tribunal is in operation, the member is to be

paid the remuneration that is specified in a determination made by

the Minister under subsection (4).

(2) However, a Board member is not entitled to be paid this

remuneration if he or she holds an office or appointment, or is

otherwise employed, on a full-time basis in the service or

employment of:

(a) a State; or

(b) a corporation (a public statutory corporation) established for

a public purpose by a State law, other than a tertiary

education institution; or

(c) a company limited by guarantee where the interests and

rights of the members in or in relation to the company are

beneficially owned by a State; or

(d) a company in which all the stock or shares are beneficially

owned by a State or by a public statutory corporation.

Note: A similar rule applies to a Board member who has a similar

relationship with the Commonwealth or a Territory. See

subsection 7(11) of the Remuneration Tribunal Act 1973.


The NBA Board Part 3

Section 19



(3) A Board member is to be paid the allowances that are specified in a

determination made by the Minister under subsection (4).

(4) For the purposes of subsection (1) or (3), the Minister may, by

legislative instrument, determine remuneration or allowances to be

paid to a Board member.

(5) This section (except subsection (2)) has effect subject to the

Remuneration Tribunal Act 1973.

19 Leave of absence

(1) The Minister may grant leave of absence to the Chair on the terms

and conditions that the Minister determines.

(2) The Chair may grant leave of absence to any other Board member

on the terms and conditions that the Chair determines.

20 Resignation

A Board member may resign his or her appointment by giving the

Minister a written resignation.

21 Termination of appointment

(1) The Minister may terminate the appointment of a Board member

for misbehaviour or physical or mental incapacity.

(2) The Minister must terminate the appointment of a Board member if

the Board member:

(a) becomes bankrupt, applies to take the benefit of any law for

the relief of bankrupt or insolvent debtors, compounds with

his or her creditors or makes an assignment of his or her

remuneration for their benefit; or

(b) is absent, except on leave of absence, from 3 consecutive

meetings of the Board; or

(c) engages in paid employment that conflicts or could conflict

with the proper performance of the duties of his or her office.



Section 22



(3) The Minister must terminate the appointment of the Chair if the

Ministerial Council considers that the Chair is not independent

from the interests of the bodies specified in

subparagraphs 15(2)(b)(i) and (ii).

22 Board procedures

(1) The Minister may, by legislative instrument, determine matters

relating to the operation of the Board including, but not limited to,

the following:

(a) procedures for convening Board meetings;

(b) the constitution of a quorum for a Board meeting;

(c) procedures for conducting Board meetings, including (but not

limited to) the way the Board may resolve matters;

(d) disclosure of interests;

(e) Board records;

(f) reporting requirements, including (but not limited to) reports

to the Minister and to the public.

(2) If no determination is in force for the purposes of a paragraph of

subsection (1), the Board may operate in the way it determines in

respect of the matters described in that paragraph.


The NBA General Manager, staff and advisory committees Part 4

The General Manager Division 1

Section 23



Part 4—The NBA General Manager, staff and

advisory committees

Division 1—The General Manager

Subdivision A—Establishment and role

23 General Manager

There is to be a General Manager of the NBA.

24 Function

The General Manager is responsible for managing the NBA.

25 Working with the Board

(1) The General Manager must request the Board’s advice on strategic

matters relating to the performance of the NBA’s functions.

(2) The General Manager must have regard to the advice given to him

or her by the Board (whether or not the advice was given in

response to a request).

(3) The General Manager must:

(a) keep the Board informed of the NBA’s operations; and

(b) give the Board such reports, documents and information in

relation to those operations as the Chair requires.

(4) The General Manager may attend Board meetings as an observer

(including by telephone or other means).

26 Delegation

(1) The General Manager may, in writing, delegate all or any of his or

her functions or powers to a member of the NBA staff.


Part 4 The NBA General Manager, staff and advisory committees

Division 1 The General Manager

Section 27



(2) In performing a delegated function or exercising a delegated

power, a delegate must comply with any written directions of the

General Manager.

Subdivision B—Appointing the General Manager

27 Appointing the General Manager

(1) The General Manager is to be appointed by the Minister by written

instrument.

(2) However, the Minister must first consult the Board about a

proposed appointment.

(3) The General Manager is to be appointed on a full-time basis.

28 Term of appointment

The General Manager holds office for the period specified in the

instrument of appointment. The period must not exceed 4 years.

29 Acting appointments

The Minister may appoint a person to act as the General Manager:

(a) during a vacancy in the office of General Manager, whether

or not an appointment has previously been made to the

office; or

(b) during any period, or during all periods, when the General

Manager is absent from duty or from Australia, or is, for any

reason, unable to perform the duties of the office.



30 General Manager’s remuneration

(1) The General Manager is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the General




Section 31



Manager is to be paid the remuneration that is specified in a

determination made by the Minister under subsection (3).

(2) The General Manager is to be paid the allowances that are

specified in a determination made by the Minister under

subsection (3).



paid to the General Manager.

(4) This section has effect subject to the Remuneration Tribunal Act

1973.

31 Outside employment

The General Manager must not engage in paid employment outside

the duties of the General Manager’s office without the Minister’s

approval.

32 Leave of absence

(1) The General Manager has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Minister may grant the General Manager leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines.

34 Resignation

The General Manager may resign his or her appointment by giving

the Minister a written resignation.

35 Termination of appointment

(1) The Minister may terminate the appointment of the General

Manager for misbehaviour or physical or mental incapacity.



Division 1 The General Manager

Section 35



(2) The Minister must terminate the appointment of the General

Manager if the General Manager:

(a) becomes bankrupt, applies to take the benefit of any law for

the relief of bankrupt or insolvent debtors, compounds with

his or her creditors or makes an assignment of his or her

remuneration for their benefit; or

(b) is absent, except on leave of absence, for 14 consecutive days

or for 28 days in any 12 months; or

(c) engages, except with the Minister’s approval, in paid

employment outside the duties of his or her office; or

(d) fails, without reasonable excuse, to comply with section 29

of the Public Governance, Performance and Accountability

Act 2013 (which deals with the duty to disclose interests) or

rules made for the purposes of that section.

(3) If the General Manager is:

(a) an eligible employee for the purposes of the Superannuation

Act 1976; or

(b) a member of the superannuation scheme established by deed

under the Superannuation Act 1990; or

(c) an ordinary employer-sponsored member of PSSAP, within

the meaning of the Superannuation Act 2005;

the Minister may, with the consent of the General Manager, retire

the General Manager from office on the grounds of physical or

mental incapacity.

(4) For the purposes of the Superannuation Act 1976, the General

Manager is taken to have been retired from office on the grounds

of invalidity if:

(a) the General Manager is removed or retired from office on the

grounds of physical or mental incapacity; and

(b) CSC gives a certificate under section 54C of that Act.



of invalidity if:




Section 35





(b) CSC gives a certificate under section 13 of that Act.



of invalidity if:



(b) CSC gives an approval and certificate under section 43 of

that Act.



Division 2 Staff and consultants

Section 36



Division 2—Staff and consultants

36 Staff

(1) The staff of the NBA are persons engaged under the Public Service

Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the General Manager and the NBA staff together constitute a

Statutory Agency; and

(b) the General Manager is the Head of that Statutory Agency.

37 Consultants

The General Manager may, on behalf of the Commonwealth,

engage consultants to perform services for the NBA related to the

NBA’s functions.



Advisory committees Division 3

Section 38



Division 3—Advisory committees

38 Advisory committees

(1) The General Manager may, in writing, establish advisory

committees to assist with the performance of the NBA’s functions.

(2) An advisory committee consists of such persons as the General

Manager appoints to the committee.

(3) The General Manager may give an advisory committee written

directions as to:

(a) the way in which the committee is to carry out its task; and

(b) procedures to be followed in relation to its meetings.

39 Committee members’ remuneration

(1) A person appointed to an advisory committee is to be paid the

remuneration that is determined by the Remuneration Tribunal. If

no determination of that remuneration by the Tribunal is in

operation, the person is to be paid the remuneration that is

specified in a determination made by the Minister under

subsection (4).

(2) However, such a person is not entitled to be paid this remuneration

if he or she holds an office or appointment, or is otherwise

employed, on a full-time basis in the service or employment of:

(a) a State; or

(b) a corporation (a public statutory corporation) established for

a public purpose by a State law, other than a tertiary

education institution; or

(c) a company limited by guarantee where the interests and

rights of the members in or in relation to the company are

beneficially owned by a State; or

(d) a company in which all the stock or shares are beneficially

owned by a State or by a public statutory corporation.



Division 3 Advisory committees

Section 39



Note: A similar rule applies to a person appointed to an advisory committee

who has a similar relationship with the Commonwealth or a Territory.

See subsection 7(11) of the Remuneration Tribunal Act 1973.

(3) A person appointed to an advisory committee is to be paid the

allowances that are specified in a determination made by the

Minister under subsection (4).



paid to a person appointed to an advisory committee.

(5) This section (except subsection (2)) has effect subject to the

Remuneration Tribunal Act 1973.


The National Blood Account Part 5

Section 40



Part 5—The National Blood Account

40 National Blood Account

(1) The National Blood Account is established by this section.

(2) The Account is a special account for the purposes of the Public

Governance, Performance and Accountability Act 2013.

41 Credits to the Account

There must be credited to the Account the following:

(b) amounts that are required to be credited to the Account by

the Commonwealth under national blood arrangements

described in subparagraph 8(1)(d)(i);

(c) amounts equal to amounts received by the Commonwealth in

connection with the performance of the NBA’s functions

(including amounts received by the Commonwealth under

national blood arrangements described in paragraph 8(1)(d));

(d) amounts equal to interest received by the Commonwealth

from the investment of amounts standing to the credit of the

Account;

(e) amounts equal to money received by the Commonwealth in

relation to property paid for with amounts standing to the

credit of the Account;

(f) amounts equal to amounts of any gifts given or bequests

made for the purposes of the Account.

Note: An Appropriation Act provides for amounts to be credited to a special

account if any of the purposes of the special account is a purpose that

is covered by an item in the Appropriation Act.

42 Purposes of the Account

(1) This section sets out the purposes of the Account.

(2) Amounts standing to the credit of the Account may be expended:


Part 5 The National Blood Account

Section 42



(a) in payment or discharge of the costs, expenses and other

obligations incurred by the Commonwealth in the

performance of the NBA’s functions; or

(b) in payment of any remuneration and allowances payable to

any person under this Act.


Miscellaneous Part 6

Section 43



Part 6—Miscellaneous

43 Corporate plan

(1) The Minister may approve a corporate plan that is prepared by the

General Manager and given to the Minister under section 35 of the

Public Governance, Performance and Accountability Act 2013 if

the plan has been endorsed by the Ministerial Council.

(2) Subsection 35(3) of that Act (which deals with the Australian

Government’s key priorities and objectives) does not apply to a

corporate plan prepared by the General Manager.

44 Annual reports

(1) The General Manager must give to the Ministerial Council a copy

of the annual report that is prepared by the General Manager and

given to the Minister under section 46 of the Public Governance,

Performance and Accountability Act 2013.

(2) The Chair must, as soon as practicable after 30 June in each year,

prepare and give to the Ministerial Council and the Minister a

report of the Board’s operations during the year ending on that

30 June.

(3) The Minister must cause a copy of the report mentioned in

subsection (2) to be presented to each House of the Parliament

within 15 sitting days of that House after the day the Minister is

given the report.

45 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.


Endnotes

Endnote 1—About the endnotes



Endnotes


The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:


Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can


Endnotes




be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.


Endnotes





ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced


Endnotes





Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

National Blood

Authority Act 2003

29, 2003 15 Apr

2003

ss. 3–45: 1 July 2003

Remainder: Royal

Assent

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb

2005

s. 4 and Schedule 1

(items 173, 496): Royal

Assent

s. 4 and Sch. 1

(item 496)

Financial Framework


Act (No. 1) 2006

30, 2006 6 Apr 2006 Schedule 1 (items 31,

32): 7 Apr 2006

—

Private Health Insurance

(Transitional Provisions

and Consequential

Amendments) Act 2007

32, 2007 30 Mar

2007

Schedule 2 (item 80):

1 Apr 2007 (see s. 2(1))

—

Superannuation


(Trustee Board and

Other Measures)

(Consequential

Amendments) Act 2008

26, 2008 23 June

2008

Schedule 1 (items 86–

89): Royal Assent

—

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011


780) and Schedule 3

(items 10, 11): 27 Dec

2011

Sch. 3 (items 10,

11)

Superannuation

Legislation

(Consequential

Amendments and

Transitional Provisions)

Act 2011

58, 2011 28 June

2011


118): 1 July 2011 (see

s 2(1) item 2)

—


Endnotes




Act Number

and year


saving and

transitional

provisions

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 6 (item 56), Sch 10

(items 18–24) and Sch

14: 1 July 2014 (s 2(1)

items 6, 14)

Sch 14

as amended by

Public Governance

and Resources

Legislation

Amendment Act

(No. 1) 2015

36, 2015 13 Apr

2015

Sch 2 (items 7–9) and

Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and

Instruments

(Framework

Reform)

(Consequential

Provisions) Act

2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015


2016 (s 2(1) item 2)

—


(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 3 (items 260–271,

348, 349): 5 Mar 2016 (s

2(1) item 2)

Sch 3 (items 348,

349)

Norfolk Island


Act 2015

59, 2015 26 May

2015

Sch 2 (items 261–263):

1 July 2016 (s 2(1)

item 5)

Sch 2 (items 356–396):

18 June 2015 (s 2(1)

item 6)

Sch 2 (items 356–

396)


Endnotes




Act Number

and year


saving and

transitional

provisions

as amended by

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar

2016

Sch 2: 24 Mar 2016 (s

2(1) item 2)

—


(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015


2016 (s 2(1) item 2)

—


Endnotes





Provision affected How affected

Part 1

s 3 .................................................. am No 58, 2011; No 59, 2015

s 6 .................................................. am No 59, 2015

Part 2

s 7 .................................................. am No 62, 2014

s 8 .................................................. am No 10, 2015

s 10 ................................................ am No 32, 2007; No 46, 2011; No 126, 2015

Part 3

s 13 ................................................ am No 10, 2015

s 17 ................................................ am No 46, 2011

Notes to s 17(1), (2) ....................... ad No 46, 2011

s 18 ................................................ am No 10, 2015

s 22 ................................................ am No 10, 2015

Part 4

Division 1

Subdivision B

s 29 ................................................ am No 46, 2011

Note to s 29 .................................... ad No 46, 2011

s 30 ................................................ am No 10, 2015

s 33 ................................................ rep No 62, 2014

s 35 ................................................ am No 26, 2008; No 58, 2011; No 62, 2014

Division 3

s 39 ................................................ am No 10, 2015

Part 5

s 40 ................................................ am No 62, 2014

s 41 ................................................ am No 8, 2005; No 30, 2006

Note to s 41 .................................... ad No 30, 2006

am No 62, 2014


Endnotes




Provision affected How affected

Part 6

s 43 ................................................ rs No 62, 2014

s 44 ................................................ am No 62, 2014


National Blood Authority Act 2003 - Legislation

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