Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Definitions
In this Schedule:
commencement time means the commencement of this Schedule.
OTA Act means the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 .
reporting period has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
2 Functions of the CEO
Section 14B of the OTA Act, as amended by Schedule 1 to this Act, applies in relation to the CEO whether appointed before or after the commencement time.
3 Board members
(1) This item applies to a person who, immediately before the commencement time, was an appointed member within the meaning of the OTA Act, as in force immediately before that time.
(2) The person is taken, after the commencement time, to have been appointed under section 31 of the OTA Act, as amended by Schedule 1 to this Act, as an Advisory Board member:
(a) for the balance of the person's term of appointment that remained immediately before that time; and
(b) on the same terms and conditions as applied to the person immediately before that time.
(3) This item does not prevent those terms and conditions being varied after the commencement time.
4 Consultants
(1) This item applies to a person if:
(a) the person was engaged by the Board as a consultant under section 26 of the OTA Act before the commencement time; and
(b) the engagement was in effect immediately before that time.
(2) The person is taken, after the commencement time, to be engaged by the CEO as a consultant under section 26 of the OTA Act, as amended by Schedule 1 to this Act, on the same terms and conditions that applied to the person's engagement immediately before that time.
(3) This item does not prevent those terms and conditions being varied after the commencement time.
5 Expert advisory committee
(1) This item applies to an expert advisory committee if:
(a) the committee was established by the Board under section 44 of the OTA Act before the commencement time; and
(b) the committee existed immediately before that time.
(2) The expert advisory committee is continued in existence and may be dealt with, after the commencement time, as if it were an expert advisory committee established by the CEO under section 44 of the OTA Act, as amended by Schedule 1 to this Act.
6 Expert advisory committee members
(1) This item applies to a person if:
(a) the person was appointed by the Board as an expert advisory committee member under section 46 of the OTA Act before the commencement time; and
(b) the appointment was in effect immediately before that time.
(2) The person is taken, after the commencement time, to have been appointed by the CEO under section 46 of the OTA Act, as amended by Schedule 1 to this Act, as an expert advisory committee member:
(a) for the balance of the person's term of appointment that remained immediately before that time; and
(b) on the same terms and conditions as applied to the person immediately before that time.
(3) This item does not prevent those terms and conditions being varied after the commencement time.
7 Agreements regarding grants of financial assistance
(1) This item applies if:
(a) a grant of financial assistance of a kind referred to in subsection 54(1), 55(1) or 56(1) of the OTA Act was made by the Board to a person before the commencement time; and
(b) immediately before that time, an agreement setting out the terms and conditions on which the financial assistance was granted has not been entered into between the Commonwealth and the person.
(2) The Authority may, after the commencement time, enter into such an agreement on behalf of the Commonwealth.
8 Compliance with terms and conditions of grants of financial assistance
Subsection 56(2A) of the OTA Act, as inserted by Schedule 1 to this Act, applies in relation to the terms and conditions set out in an agreement that is entered into after the commencement time.
9 Protection of patient confidentiality
Section 58 of the OTA Act, as amended by Schedule 1 to this Act, applies in relation to information that was obtained before or after the commencement time.
10 Annual report etc.
For the purposes of sections 39, 42 and 46 of the Public Governance, Performance and Accountability Act 2013 , and rules made for the purposes of those sections, the CEO is the accountable authority in relation to the following reporting periods for the Authority:
(a) the reporting period commencing on 1 July 2021;
(b) each later reporting period.
11 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).