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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Organ and Tissue Donation
and Transplantation Authority
Amendment (New Governance
Arrangements) Bill 2016
No. , 2016
(Health)
A Bill for an Act to amend the Australian Organ
and Tissue Donation and Transplantation Authority
Act 2008, and for related purposes
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008
3
Schedule 2--Application etc. provisions
18
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
1
A Bill for an Act to amend the Australian Organ
1
and Tissue Donation and Transplantation Authority
2
Act 2008, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Australian Organ and Tissue Donation and
6
Transplantation Authority Amendment (New Governance
7
Arrangements) Act 2016.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
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.
2. Schedules 1
and 2
1 July 2017.
1 July 2017
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
3
Schedule 1--Amendments
1
2
Australian Organ and Tissue Donation and Transplantation
3
Authority Act 2008
4
1 Section 3
5
Repeal the section, substitute:
6
3 Simplified outline
7
The following is a simplified outline of this Act:
8
This Act establishes the Australian Organ and Tissue Donation and
9
Transplantation Authority. The Authority has a number of
10
functions relating to organ or tissue donation and transplantation
11
matters.
12
The Australian Organ and Tissue Donation and Transplantation
13
Board is also established by this Act. The main functions of the
14
Board are:
15
(a)
to ensure the proper, efficient and effective performance
16
of the Authority's functions; and
17
(b)
to determine objectives, strategies and policies to be
18
followed by the Authority.
19
There is to be a Chief Executive Officer of the Authority. The CEO
20
is responsible for the day-to-day administration of the Authority.
21
The CEO is also a member of the Board.
22
2 Section 4
23
Repeal the following definitions:
24
(a) definition of Advisory Council;
25
(b) definition of Advisory Council member.
26
3 Section 4
27
Insert:
28
Schedule 1 Amendments
4
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
appointed member means a Board member other than the CEO.
1
Board means the Australian Organ and Tissue Donation and
2
Transplantation Board.
3
Board member means a member of the Board (and includes the
4
Chair, the Deputy Chair and the CEO).
5
Chair means the Chair of the Board.
6
COAG Health Council means the body established by the Council
7
of Australian Governments as the COAG Health Council.
8
Deputy Chair means the Deputy Chair of the Board.
9
paid work means work for financial gain or reward (whether as an
10
employee, a self-employed person or otherwise).
11
4 Section 4 (definition of vacancy)
12
Repeal the definition.
13
5 Section 5
14
Repeal the section.
15
6 Paragraph 8(3)(a)
16
Repeal the paragraph, substitute:
17
(a) the Board; and
18
(aa) the CEO; and
19
7 At the end of section 8
20
Add:
21
(4) For the purposes of the finance law (within the meaning of the
22
Public Governance, Performance and Accountability Act 2013):
23
(a) the Authority is a listed entity; and
24
(b) the Board is the accountable authority of the Authority; and
25
(c) the following persons are officials of the Authority:
26
(i) the appointed Board members;
27
(ii) the CEO;
28
(iii) the staff of the Authority;
29
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
5
(iv) consultants engaged under section 26;
1
(v) persons whose services are made available to the
2
Authority under section 27;
3
(vi) an expert advisory committee member; and
4
(d) the purposes of the Authority include:
5
(i) the functions of the Authority referred to in section 11;
6
and
7
(ii) the functions of the Board referred to in section 13B;
8
and
9
(iii) the functions of the CEO referred to in section 14B; and
10
(iv) the functions of an expert advisory committee referred
11
to in section 45.
12
8 Section 9
13
Repeal the section.
14
9 Part 3 (heading)
15
Repeal the heading.
16
10 Division 1 of Part 3 (heading)
17
Repeal the heading.
18
11 Section 10
19
Repeal the section.
20
12 Section 11 (heading)
21
Repeal the heading, substitute:
22
11 Functions of the Authority
23
13 Subsection 11(1)
24
Omit "the CEO" (wherever occurring), substitute "the Authority".
25
14 Subsection 11(2)
26
Omit "CEO may perform the CEO's", substitute "Authority may
27
perform the Authority's".
28
Schedule 1 Amendments
6
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
15 Section 12 (heading)
1
Repeal the heading, substitute:
2
12 Authority must have regard to certain objectives etc.
3
16 Section 12
4
Omit "CEO's functions under this Act, the CEO", substitute
5
"Authority's functions under this Act, the Authority".
6
17 Paragraph 12(h)
7
Omit "CEO", substitute "Authority".
8
18 Section 13
9
Repeal the section, substitute:
10
13 Minister may give directions to the Authority
11
(1) The Minister may, by legislative instrument, give written directions
12
to the Authority about the performance of the Authority's
13
functions.
14
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
15
Legislation Act 2003 do not apply to the directions (see regulations
16
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
17
Act).
18
(2) A direction under subsection (1) must be of a general nature only.
19
(3) The Authority must comply with a direction under subsection (1).
20
19 After section 13
21
Insert:
22
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
7
Part 2A--Australian Organ and Tissue Donation
1
and Transplantation Board
2
Division 1--Establishment and functions of the Board
3
13A Establishment of the Board
4
The Australian Organ and Tissue Donation and Transplantation
5
Board is established by this section.
6
13B Functions of the Board
7
(1) The functions of the Board are:
8
(a) to ensure the proper, efficient and effective performance of
9
the Authority's functions; and
10
(b) to determine objectives, strategies and policies to be followed
11
by the Authority; and
12
(c) such other functions as are conferred on the Board by this
13
Act or any other law; and
14
(d) such other functions (if any) as are determined in an
15
instrument made under subsection (2) and given by the
16
Minister to the Chair; and
17
(e) to do anything incidental or conducive to the performance of
18
any of the above functions.
19
(2) The Minister may, by legislative instrument, determine one or
20
more functions for the purposes of paragraph (1)(d).
21
(3) The Board has power to do all things necessary or convenient to be
22
done for or in connection with the performance of its functions.
23
13C Delegation by the Board
24
(1) The Board may, in writing, delegate all or any of the Board's
25
powers and functions under section 13B to the CEO.
26
(2) In exercising any powers or performing any functions under a
27
delegation, the CEO must comply with any directions of the Board.
28
Schedule 1 Amendments
8
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
13D Minister may give directions to the Board
1
(1) The Minister may, by legislative instrument, give written directions
2
to the Board about the performance of the Board's functions.
3
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
4
Legislation Act 2003 do not apply to the directions (see regulations
5
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
6
Act).
7
(2) The Board must comply with a direction under subsection (1).
8
(3) Subsection (2) does not apply to the extent that the direction relates
9
to the Board's performance of functions or exercise of powers
10
under the Public Governance, Performance and Accountability Act
11
2013 in relation to the Authority.
12
Division 2--Members of the Board
13
13E Membership
14
The Board consists of:
15
(a) the Chair; and
16
(b) the Deputy Chair; and
17
(c) the CEO; and
18
(d) 5 other members.
19
13F Appointment of appointed Board members
20
(1) Subject to this section and section 13G, the appointed Board
21
members are to be appointed by the Minister by written instrument,
22
on a part-time basis.
23
Note:
An appointed Board member may be reappointed, see section 33AA
24
of the Acts Interpretation Act 1901.
25
Eligibility for appointment as the Chair
26
(2) A person is not eligible for appointment as the Chair unless the
27
Minister is satisfied that the person has substantial experience in,
28
or substantial knowledge of, at least one of the following fields:
29
(a) public administration;
30
(b) business;
31
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
9
(c) management.
1
Eligibility for appointment as an appointed Board member (other
2
than the Chair)
3
(3) A person is not eligible for appointment as an appointed Board
4
member (other than the Chair) unless the Minister is satisfied that
5
the person meets the requirements of subsection (4).
6
(4) A person meets the requirements of this subsection if:
7
(a) the person has substantial experience in, or substantial
8
knowledge of, at least one of the following fields:
9
(i) public hospital administration;
10
(ii) community leadership or representation in relation to
11
organ or tissue donation and transplantation matters;
12
(iii) consumer health issues;
13
(iv) promotion of health issues;
14
(v) any other appropriate field of expertise; or
15
(b) the person has substantial clinical expertise in organ or tissue
16
donation; or
17
(c) the person has substantial clinical expertise in organ or tissue
18
transplantation; or
19
(d) the person is a consumer of health services.
20
Mix of appointed Board members (other than the Chair)
21
(5) In appointing the appointed Board members (other than the Chair),
22
the Minister must ensure, to the extent practicable, that those
23
appointed Board members are an appropriate mix of persons
24
meeting the requirements of subsection (4).
25
13G Nominations for appointment of certain appointed Board
26
members
27
Deputy Chair
28
(1) Before the Minister (the Commonwealth Minister) appoints a
29
person as the Deputy Chair, the Commonwealth Minister must
30
request each of the following to give the Commonwealth Minister
31
Schedule 1 Amendments
10
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
a written notice nominating a person for appointment as the Deputy
1
Chair:
2
(a) the Minister of each State who is responsible, or principally
3
responsible, for the administration of matters relating to
4
health in the State;
5
(b) the Minister of the Northern Territory who is responsible, or
6
principally responsible, for the administration of matters
7
relating to health in that Territory;
8
(c) the Minister of the Australian Capital Territory who is
9
responsible, or principally responsible, for the administration
10
of matters relating to health in that Territory.
11
(2) A Minister referred to in paragraph (1)(a), (b) or (c) must not give
12
a notice under subsection (1) in relation to a person unless that
13
Minister is satisfied that the person meets the requirements of
14
subsection 13F(4).
15
(3) If a Minister referred to in paragraph (1)(a), (b) or (c) gives the
16
Commonwealth Minister a notice under subsection (1), the
17
Commonwealth Minister must consider the notice before
18
appointing a person as the Deputy Chair.
19
Appointed Board members (other than the Chair or Deputy Chair)
20
(4) Before the Commonwealth Minister appoints one or more persons
21
as appointed Board members (other than the Chair or Deputy
22
Chair), the Commonwealth Minister must request the COAG
23
Health Council to give the Commonwealth Minister a written
24
notice nominating one or more persons for appointment as
25
appointed Board members (other than the Chair or Deputy Chair).
26
(5) The COAG Health Council must not give a notice under
27
subsection (4) in relation to a person unless the COAG Health
28
Council is satisfied that the person meets the requirements of
29
subsection 13F(4).
30
(6) If the COAG Health Council gives the Commonwealth Minister a
31
notice under subsection (5), the Commonwealth Minister must
32
consider the notice before appointing one or more persons as
33
appointed Board members (other than the Chair or Deputy Chair).
34
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
11
13H Term of appointment
1
An appointed Board member holds office for the period specified
2
in the instrument of appointment. The period must not exceed 4
3
years.
4
13J Acting appointment
5
Acting as the Chair
6
(1) The Minister may, by written instrument, appoint an appointed
7
Board member to act as the Chair:
8
(a) during a vacancy in the office of Chair, whether or not an
9
appointment has previously been made to the office; or
10
(b) during any period, or during all periods, when the Chair:
11
(i) is absent from duty or from Australia; or
12
(ii) is, for any reason, unable to perform the duties of the
13
office.
14
Note:
For rules that apply to acting appointments, see sections 33AB and
15
33A of the Acts Interpretation Act 1901.
16
Acting as an appointed Board member (other than the Chair)
17
(2) The Minister may, by written instrument, appoint a person to act as
18
an appointed Board member (other than the Chair):
19
(a) during a vacancy in the office of an appointed Board member
20
(other than the Chair), whether or not an appointment has
21
previously been made to the office; or
22
(b) during any period, or during all periods, when an appointed
23
Board member (other than the Chair):
24
(i) is absent from duty or from Australia; or
25
(ii) is, for any reason, unable to perform the duties of the
26
office.
27
Note:
For rules that apply to acting appointments, see sections 33AB and
28
33A of the Acts Interpretation Act 1901.
29
(3) A person is not eligible for appointment under subsection (2)
30
unless the Minister is satisfied that the person meets the
31
requirements of subsection 13F(4).
32
Schedule 1 Amendments
12
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
13K Remuneration
1
(1) An appointed Board member is to be paid the remuneration that is
2
determined by the Remuneration Tribunal. If no determination of
3
that remuneration by the Tribunal is in operation, the appointed
4
Board member is to be paid the remuneration that is prescribed by
5
the regulations.
6
(2) An appointed Board member is to be paid the allowances that are
7
prescribed by the regulations.
8
(3) This section has effect subject to the Remuneration Tribunal Act
9
1973.
10
13L Leave of absence
11
(1) The Minister may grant leave of absence to the Chair on the terms
12
and conditions that the Minister determines.
13
(2) The Chair may grant leave of absence to any other appointed
14
Board member on the terms and conditions that the Chair
15
determines.
16
(3) The Chair must notify the Minister if the Chair grants an appointed
17
Board member leave of absence for a period that exceeds 3
18
months.
19
13M Other terms and conditions
20
An appointed Board member holds office on the terms and
21
conditions (if any) in relation to matters not covered by this Act
22
that are determined by the Minister.
23
13N Resignation
24
(1) An appointed Board member may resign his or her appointment by
25
giving the Minister a written resignation.
26
(2) The resignation takes effect on the day it is received by the
27
Minister or, if a later day is specified in the resignation, on that
28
later day.
29
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
13
13P Termination of appointment
1
(1) The Minister may terminate the appointment of an appointed
2
Board member:
3
(a) for misbehaviour; or
4
(b) if the appointed Board member is unable to perform the
5
duties of his or her office because of physical or mental
6
incapacity.
7
(2) The Minister may terminate the appointment of an appointed
8
Board member if:
9
(a) the appointed Board member:
10
(i) becomes bankrupt; or
11
(ii) applies to take the benefit of any law for the relief of
12
bankrupt or insolvent debtors; or
13
(iii) compounds with his or her creditors; or
14
(iv) makes an assignment of his or her remuneration for the
15
benefit of his or her creditors; or
16
(b) the appointed Board member is absent, except on leave of
17
absence, from 3 consecutive meetings of the Board; or
18
(c) the appointed Board member fails, without reasonable
19
excuse, to comply with section 29 of the Public Governance,
20
Performance and Accountability Act 2013 (which deals with
21
the duty to disclose interests) or rules made for the purposes
22
of that section.
23
Division 3--Meetings of the Board
24
13Q Convening meetings
25
(1) The Board must hold such meetings as are necessary for the
26
efficient performance of its functions.
27
(2) The Chair must convene at least 4 meetings of the Board each
28
financial year.
29
13R Presiding at meetings
30
(1) The Chair must preside at all meetings of the Board at which he or
31
she is present.
32
Schedule 1 Amendments
14
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
(2) If the Chair is not present at a meeting of the Board:
1
(a) the Deputy Chair is to preside; or
2
(b) if the Deputy Chair is not present--the other Board members
3
present must appoint one of themselves to preside.
4
13S Quorum
5
(1) At a meeting of the Board, a quorum is constituted by a majority of
6
Board members.
7
(2) However, if:
8
(a) a Board member is required by rules made for the purposes
9
of section 29 of the Public Governance, Performance and
10
Accountability Act 2013 not to be present during the
11
deliberations, or to take part in any decision, of the Board
12
with respect to a particular matter; and
13
(b) when the Board member leaves the meeting concerned there
14
is no longer a quorum present;
15
the remaining Board members at the meeting constitute a quorum
16
for the purpose of any deliberation or decision at that meeting with
17
respect to that matter.
18
13T Voting at meetings
19
(1) A question arising at a meeting of the Board is to be determined by
20
a majority of the votes of the Board members present and voting.
21
(2) The person presiding at a meeting of the Board has a deliberative
22
vote and, if the votes are equal, a casting vote.
23
13U Conduct of meetings
24
The Board may, subject to this Division, regulate proceedings at its
25
meetings as it considers appropriate.
26
13V Minutes
27
The Board must keep minutes of its meetings.
28
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
15
13W Decisions without meetings
1
(1) The Board is taken to have made a decision at a meeting if:
2
(a) without meeting, a majority of the Board members entitled to
3
vote on the proposed decision indicate agreement with the
4
decision; and
5
(b) that agreement is indicated in accordance with the method
6
determined by the Board under subsection (2); and
7
(c) all the Board members were informed of the proposed
8
decision, or reasonable efforts were made to inform all the
9
members of the proposed decision.
10
(2) Subsection (1) applies only if the Board:
11
(a) has determined that it may make decisions of that kind
12
without meeting; and
13
(b) has determined the method by which Board members are to
14
indicate agreement with proposed decisions.
15
(3) For the purposes of paragraph (1)(a), a Board member is not
16
entitled to vote on a proposed decision if the Board member would
17
not have been entitled to vote on that proposal if the matter had
18
been considered at a meeting of the Board.
19
(4) The Board must keep a record of decisions made in accordance
20
with this section.
21
20 Division 2 of Part 3 (heading)
22
Repeal the heading.
23
21 Before section 14
24
Insert:
25
Part 4--Chief Executive Officer and staff etc.
26
Division 1--Chief Executive Officer
27
14A CEO
28
There is to be a Chief Executive Officer of the Authority.
29
Schedule 1 Amendments
16
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
14B Functions of the CEO
1
(1) The CEO is responsible for the day-to-day administration of the
2
Authority.
3
Note:
The CEO is also a member of the Board (see section 13E).
4
(2) The CEO has power to do all things necessary or convenient to be
5
done for or in connection with the performance of his or her duties.
6
(3) The CEO is to act in accordance with the objectives, strategies and
7
policies determined by the Board under paragraph 13B(1)(b).
8
(4) The Board may give written directions to the CEO about the
9
performance of the CEO's duties.
10
(5) The CEO must comply with a direction under subsection (4).
11
(6) A direction under subsection (4) is not a legislative instrument.
12
22 After subsection 14(1)
13
Insert:
14
(1A) However, before the Minister appoints the CEO, the Minister must
15
consult the Chair about the proposed appointment.
16
23 Section 15
17
Omit "5 years", substitute "4 years".
18
24 Division 4 of Part 3
19
Repeal the Division.
20
25 Section 26
21
Repeal the section, substitute:
22
26 Consultants
23
(1) The Board may, on behalf of the Commonwealth, engage persons
24
having suitable qualifications and experience as consultants to
25
assist in the performance of the Authority's functions.
26
Amendments Schedule 1
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
17
(2) The consultants are to be engaged on the terms and conditions that
1
the Board determines in writing.
2
26 Section 27 (heading)
3
Repeal the heading, substitute:
4
27 Persons assisting the Authority
5
27 Section 27
6
Omit "CEO" (wherever occurring), substitute "Authority".
7
28 Section 27
8
Omit "CEO's", substitute "Authority's".
9
29 Division 7 of Part 3
10
Repeal the Division.
11
30 Part 4
12
Repeal the Part.
13
31 Sections 44 to 47 and 49 to 50
14
Omit "CEO" (wherever occurring), substitute "Board".
15
32 Section 51 (heading)
16
Repeal the heading, substitute:
17
51 Disclosure of interests to the Board
18
33 Sections 51 and 53
19
Omit "CEO" (wherever occurring), substitute "Board".
20
34 Part 5A
21
Repeal the Part.
22
35 Sections 54 to 56
23
Omit "CEO" (wherever occurring), substitute "Board".
24
Schedule 2 Application etc. provisions
18
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
Schedule 2--Application etc. provisions
1
2
1 Definitions
3
In this Schedule:
4
commencement day means the day on which this item commences.
5
OTA Act means the Australian Organ and Tissue Donation and
6
Transplantation Authority Act 2008.
7
2 Application
--subsection 14(1A) of the OTA Act
8
Subsection 14(1A) of the OTA Act, as inserted by Schedule 1 to this
9
Act, applies in relation to an appointment made on or after the
10
commencement of this item.
11
3 Application
--amendment made by item 23
12
The amendment made by item 23 of Schedule 1 to this Act applies in
13
relation to an appointment made on or after the commencement of this
14
item.
15
4 Continued engagement of consultants
16
(1)
This item applies to a person if:
17
(a) before the commencement day, the person was engaged by
18
the CEO as a consultant under section 26 of the OTA Act;
19
and
20
(b) the engagement was in effect immediately before that day.
21
(2)
The person is taken, on and after the commencement day, to be engaged
22
by the Board as a consultant under section 26 of the OTA Act, as
23
substituted by Schedule 1 to this Act, on the same terms and conditions
24
that applied to the person's engagement immediately before that day.
25
(3)
This item does not prevent those terms and conditions being varied on
26
or after the commencement day.
27
5 Continued existence of expert advisory committees
28
(1)
This item applies to an expert advisory committee if:
29
(a) the committee was established by the CEO under section 44
30
of the OTA Act before the commencement day; and
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Application etc. provisions Schedule 2
No. , 2016
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
19
(b) the committee was in existence immediately before that day.
1
(2)
The expert advisory committee is continued in existence (and may be
2
dealt with), on and after the commencement day, as if it were an expert
3
advisory committee established by the Board under section 44 of the
4
OTA Act, as amended by Schedule 1 to this Act.
5
6 Continuation of appointment of expert advisory committee
6
members
7
(1)
This item applies to an appointment if:
8
(a) the appointment was made by the CEO under section 46 of
9
the OTA Act before the commencement day; and
10
(b) the appointment is in force immediately before that day.
11
(2)
The appointment continues in force (and may be dealt with), on and
12
after the commencement day, as if it were an appointment made by the
13
Board under section 46 of the OTA Act, as amended by Schedule 1 to
14
this Act.
15
7 Duties of accountable authority
16
For the purposes of sections 39, 42 and 46 of the Public Governance,
17
Performance and Accountability Act 2013, the Board is the accountable
18
authority of the Authority in relation to the reporting period (within the
19
meaning of that Act) for the Authority that ends immediately before the
20
commencement day.
21
8 Transitional rules
22
(1)
The Minister may, by legislative instrument, make rules prescribing
23
matters of a transitional nature (including prescribing any saving or
24
application provisions) relating to the amendments or repeals made by
25
this Act.
26
(2)
However, to avoid doubt, the rules may not do the following:
27
(a) create an offence or civil penalty;
28
(b) provide powers of:
29
(i) arrest or detention; or
30
(ii) entry, search or seizure;
31
(c) impose a tax;
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Schedule 2 Application etc. provisions
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Australian Organ and Tissue Donation and Transplantation Authority
Amendment (New Governance Arrangements) Bill 2016
No. , 2016
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
(3)
This Act (other than subitem (2)) does not limit the rules that may be
4
made for the purposes of subitem (1).
5