Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Health Legislation
Amendment Bill 2015
Queensland
Health Legislation Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Food Act 2006
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 9 (How main purposes are primarily achieved) . 4
4 Amendment of s 22 (Provisions that are administered only by the State)
4
5 Insertion of new ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter 6A Display of nutritional information for food
164A Application of ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . 5
164B Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
164C Meaning of standard food item . . . . . . . . . . . . . . . . . . 6
164D Meaning of standard food outlet . . . . . . . . . . . . . . . . . 7
164E Requirement to display nutritional information . . . . . . 7
164F Voluntary display of nutritional information to meet certain
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
164G Explanatory material about nutritional information . . . 9
6 Amendment of s 252 (Alternative verdicts for serious food offences) 9
7 Amendment of s 272 (Confidentiality of information) . . . . . . . . . . 10
8 Insertion of new s 272A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
272A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 276 (Delegation by chief executive) . . . . . . . . . 11
10 Insertion of new ch 12, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Transitional provision for Health Legislation
Amendment Act 2015
303 Application of ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12
Health Legislation Amendment Bill 2015
Contents
Part 3 Amendment of Health Ombudsman Act 2013
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Insertion of new s 118A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
118A Temporary appointment to public panel of assessors 13
14 Amendment of s 119 (Temporary appointment of panel of assessors) 14
15 Amendment of s 122 (Duration of appointment) . . . . . . . . . . . . . 14
16 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 4 Amendment of Hospital and Health Boards Act 2011
17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24A Temporary members of board . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 26 (Conditions of appointment) . . . . . . . . . . . . . 15
Part 5 Amendment of Pest Management Act 2001
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Amendment of s 128 (Delegation by chief executive) . . . . . . . . . 16
Part 6 Amendment of Public Health Act 2005
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Amendment of s 158 (Definitions for ch 5) . . . . . . . . . . . . . . . . . . 17
24 Amendment of s 214 (Definitions for pt 1) . . . . . . . . . . . . . . . . . . 17
25 Amendment of s 251 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . 17
26 Amendment of s 284 (Decision about application) . . . . . . . . . . . . 17
27 Amendment of s 285 (What notice must state) . . . . . . . . . . . . . . 18
28 Amendment of s 291 (Restriction on disclosure of information). . 18
29 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 7 Amendment of Transplantation and Anatomy Act 1979
30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Amendment of s 42AB (Trading of tissue by, with or for exempt entity)19
Page 2
2015
A Bill
for
An Act to amend the Food Act 2006, the Health Ombudsman
Act 2013, the Hospital and Health Boards Act 2011, the Pest
Management Act 2001, the Public Health Act 2005 and the
Transplantation and Anatomy Act 1979 for particular purposes
Health Legislation Amendment Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Health Legislation Amendment 4
Act 2015. 5
Part 2 Amendment of Food Act 2006 6
Clause 2 Act amended 7
This part amends the Food Act 2006. 8
Clause 3 Amendment of s 9 (How main purposes are primarily 9
achieved) 10
(1) Section 9(d)-- 11
renumber as section 9(e). 12
(2) Section 9-- 13
insert-- 14
(d) providing for the display of nutritional 15
information for food; and 16
Clause 4 Amendment of s 22 (Provisions that are administered 17
only by the State) 18
(1) Section 22(1)(d)-- 19
renumber as section 22(1)(e). 20
(2) Section 22(1)-- 21
Page 4
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 5]
insert-- 1
(d) chapter 6A; 2
Clause 5 Insertion of new ch 6A 3
After chapter 6-- 4
insert-- 5
Chapter 6A Display of nutritional 6
information for food 7
164A Application of ch 6A 8
This chapter applies to the sale of food by retail. 9
164B Definitions 10
In this chapter-- 11
menu means a menu, in printed or electronic 12
form, that-- 13
(a) lists or otherwise shows 1 or more items of 14
food; and 15
(b) is either-- 16
(i) on a board, poster, leaflet or similar 17
thing at the premises from which the 18
items of food shown on the menu are 19
sold; or 20
(ii) distributed or available outside of the 21
premises from which the items of food 22
shown on the menu are sold. 23
ready-to-eat food means food in a state in which 24
it is ordinarily consumed, but does not include 25
nuts in the shell or raw fruit or vegetables that are 26
intended to be hulled, peeled or washed by the 27
consumer. 28
Page 5
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 5]
standard food item see section 164C. 1
standard food outlet see section 164D. 2
164C Meaning of standard food item 3
(1) A standard food item is an item of ready-to-eat 4
food that-- 5
(a) is sold in servings that are standardised for 6
portion and content; and 7
(b) is either-- 8
(i) listed or otherwise shown on a menu; 9
or 10
(ii) displayed for sale with a price tag or 11
label or an identifying tag or label. 12
(2) Also, a standard food item includes any item of 13
ready-to-eat food prescribed by regulation. 14
(3) If a number of standard food items are shown or 15
displayed for sale as a combination, the 16
combination is to be treated as a single standard 17
food item. 18
(4) If an item of food mentioned in subsection (1) or 19
(2) is shown or displayed for sale in different 20
standard sizes or portions, each standard size or 21
portion of the item of food is to be treated as a 22
separate standard food item. 23
Examples of different standard sizes or portions-- 24
small, medium, large 25
(5) Despite subsection (1), a standard food item does 26
not include an item of ready-to-eat food that is 27
prepackaged in a way prescribed by regulation. 28
Page 6
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 5]
164D Meaning of standard food outlet 1
(1) A standard food outlet, of a food business, is 2
premises at which standard food items are sold 3
by the food business if-- 4
(a) the business sells standard food items at 5
other premises or while operating in a chain 6
of food businesses that sell standard food 7
items; and 8
(b) at least 1 of the standard food items sold at 9
the premises has been standardised for 10
portion and content so as to be substantially 11
the same as standard food items of that type 12
sold at the other premises or by the other 13
businesses in the chain. 14
(2) For subsection (1)(a), a food business is 15
operating in a chain of food businesses that sell 16
standard food items if-- 17
(a) the business is operating as one of a group 18
of food businesses that sell standard food 19
items under franchise arrangements with a 20
parent business or under common ownership 21
or control; or 22
(b) the business sells standard food items under 23
the same trading name as a group of other 24
food businesses that sell standard food 25
items. 26
164E Requirement to display nutritional 27
information 28
(1) This section applies to a standard food outlet of a 29
prescribed licensable food business. 30
(2) The proprietor of the standard food outlet must 31
ensure that-- 32
Page 7
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 5]
(a) the following nutritional information is 1
displayed for standard food items sold at the 2
outlet-- 3
(i) the average energy content of the 4
standard food items, expressed in 5
kilojoules, and an average energy 6
intake statement; 7
(ii) other nutritional information 8
prescribed by regulation; and 9
(b) the nutritional information is worked out in 10
the way prescribed by regulation; and 11
(c) the nutritional information is displayed in 12
the way and at the places prescribed by 13
regulation. 14
(3) A person must not intentionally contravene 15
subsection (2). 16
Maximum penalty--500 penalty units. 17
(4) A person must not contravene subsection (2). 18
Maximum penalty--100 penalty units. 19
(5) For subsection (2)(b), a regulation may prescribe 20
the way in which nutritional information is 21
worked out by applying, adopting or 22
incorporating a provision of the food standards 23
code. 24
(6) In this section-- 25
average energy intake statement means a 26
statement about the average adult daily energy 27
intake prescribed by regulation. 28
prescribed licensable food business means a 29
licensable food business prescribed by 30
regulation. 31
Page 8
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 6]
164F Voluntary display of nutritional information to 1
meet certain requirements 2
(1) This section applies to a standard food outlet of a 3
food business, other than a standard food outlet to 4
which section 164E applies. 5
(2) The proprietor of the standard food outlet must 6
not display nutritional information mentioned in 7
section 164E(2)(a) for standard food items sold at 8
the outlet unless the nutritional information-- 9
(a) is worked out in the way prescribed by 10
regulation; and 11
(b) is displayed in the way and at the places 12
prescribed by regulation. 13
Maximum penalty--100 penalty units. 14
164G Explanatory material about nutritional 15
information 16
A regulation may make provision about the display or 17
distribution by a standard food outlet of explanatory 18
material or any other material about nutritional 19
information for food. 20
Clause 6 Amendment of s 252 (Alternative verdicts for serious 21
food offences) 22
(1) Section 252, heading, 'serious food'-- 23
omit, insert-- 24
particular 25
(2) Section 252-- 26
insert-- 27
(3) If, on the trial of a person charged with an 28
offence against section 164E(3), the trier of fact 29
is not satisfied the person committed the offence 30
Page 9
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 7]
but is satisfied the person committed an offence 1
against section 164E(4)-- 2
(a) the trier of fact may find the person not 3
guilty of the offence charged but guilty of an 4
offence against section 164E(4); and 5
(b) the person is liable to be punished for that 6
offence. 7
Clause 7 Amendment of s 272 (Confidentiality of information) 8
Section 272(4)-- 9
omit. 10
Clause 8 Insertion of new s 272A 11
After section 272-- 12
insert-- 13
272A Disclosure of information 14
(1) The chief executive may, in writing, authorise a 15
relevant person to disclose information relating to 16
a food business, including confidential 17
information, gained by a person in administering 18
or performing a function under this Act. 19
(2) The chief executive may act under subsection (1) 20
only if the chief executive has reasonable 21
grounds to believe disclosing the information is 22
necessary-- 23
(a) to prevent or reduce the possibility of a 24
serious danger to public health; or 25
(b) to mitigate the adverse consequences of a 26
serious danger to public health. 27
(3) Without limiting subsection (1), the chief 28
executive may authorise a relevant person to 29
disclose-- 30
Page 10
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 9]
(a) information identifying food sold in 1
connection with the food business, 2
including, for example, its brand or pack 3
size; and 4
(b) details of action a consumer of the food may 5
take; and 6
(c) information identifying the food business 7
and its location; and 8
(d) details of the nature of the serious danger to 9
public health. 10
(4) In this section-- 11
relevant person means the following-- 12
(a) the chief health officer; 13
(b) an appropriately qualified-- 14
(i) public service officer or employee of 15
the department; or 16
(ii) health service employee. 17
Clause 9 Amendment of s 276 (Delegation by chief executive) 18
(1) Section 276(1), 'part 4,'-- 19
omit, insert-- 20
part 4 or section 272A, 21
(2) Section 276(2)-- 22
omit, insert-- 23
(2) The chief executive may delegate the chief 24
executive's powers under section 272A to the 25
chief health officer. 26
Clause 10 Insertion of new ch 12, pt 4 27
Chapter 12-- 28
insert-- 29
Page 11
Health Legislation Amendment Bill 2015
Part 2 Amendment of Food Act 2006
[s 11]
Part 4 Transitional provision 1
for Health Legislation 2
Amendment Act 2015 3
303 Application of ch 6A 4
Chapter 6A does not apply to the proprietor of a food 5
business until 12 months after the commencement. 6
Clause 11 Amendment of sch 3 (Dictionary) 7
Schedule 3-- 8
insert-- 9
chief health officer means the chief health 10
officer under the Hospital and Health Boards Act 11
2011, section 52. 12
confidential information means information, 13
other than information that is publicly 14
available-- 15
(a) about a person's personal affairs or 16
reputation; or 17
(b) that would be likely to damage the 18
commercial activities of a person to whom 19
the information relates. 20
menu, for chapter 6A, see section 164B. 21
ready-to-eat food, for chapter 6A, see section 22
164B. 23
standard food item, for chapter 6A, see section 24
164C. 25
standard food outlet, for chapter 6A, see section 26
164D. 27
Page 12
Health Legislation Amendment Bill 2015
Part 3 Amendment of Health Ombudsman Act 2013
[s 12]
Part 3 Amendment of Health 1
Ombudsman Act 2013 2
Clause 12 Act amended 3
This part amends the Health Ombudsman Act 2013. 4
Clause 13 Insertion of new s 118A 5
After section 118-- 6
118A Temporary appointment to public panel of 7
assessors 8
(1) This section applies if the Minister reasonably 9
believes it is necessary to urgently appoint an 10
individual as a member of the public panel of 11
assessors because the principal registrar has 12
advised the Minister that-- 13
(a) none of the panel members will be available 14
for the hearing of a disciplinary proceeding; 15
or 16
(b) a panel member of a particular gender is 17
required under section 130 for a hearing of a 18
disciplinary proceeding and-- 19
(i) none of the panel members are of that 20
gender; or 21
(ii) the panel members of that gender will 22
not be available to hear the matter. 23
(2) Despite section 118(1), the Minister may appoint 24
an individual to the public panel of assessors for 25
a period of not more than 6 months. 26
(3) An individual is qualified for appointment to the 27
panel under this section only if the individual is 28
qualified for appointment to the panel under 29
section 118(3). 30
Page 13
Health Legislation Amendment Bill 2015
Part 4 Amendment of Hospital and Health Boards Act 2011
[s 14]
Clause 14 Amendment of s 119 (Temporary appointment of panel of 1
assessors) 2
Section 119, heading, 'of panel'-- 3
omit, insert-- 4
to professional panel 5
Clause 15 Amendment of s 122 (Duration of appointment) 6
Section 122, note-- 7
omit, insert-- 8
Note-- 9
See also sections 118A(2) and 119(2) for a member of a 10
panel appointed under those sections. 11
Clause 16 Amendment of sch 1 (Dictionary) 12
Schedule 1, definition support service, examples of a corporate 13
support service-- 14
omit, insert-- 15
Examples of a corporate support service-- 16
• a human resource management service 17
• an information and communication technology 18
support service 19
Part 4 Amendment of Hospital and 20
Health Boards Act 2011 21
Clause 17 Act amended 22
This part amends the Hospital and Health Boards Act 2011. 23
Page 14
Health Legislation Amendment Bill 2015
Part 4 Amendment of Hospital and Health Boards Act 2011
[s 18]
Clause 18 Insertion of new s 24A 1
After section 24-- 2
insert-- 3
24A Temporary members of board 4
(1) This section applies if the Minister reasonably 5
believes it is necessary to urgently appoint a 6
person as a member of a board because-- 7
(a) the board does not consist of at least 5 8
members; or 9
(b) the Minister considers the members of the 10
board do not have the skills, knowledge or 11
experience to perform the board's functions 12
effectively and efficiently; or 13
(c) none of the members of the board are 14
clinicians. 15
(2) Despite section 23(1), the Minister may-- 16
(a) appoint a person as a member of the board 17
for a period of not more than 6 months; and 18
(b) reappoint the person as a member of the 19
board once for a period of not more than 6 20
months. 21
(3) Subsection (2) applies despite the Acts 22
Interpretation Act 1954, section 25(1)(c). 23
(4) The Minister may appoint a person as a member 24
of the board only if the Minister considers the 25
person has the skills, knowledge and experience 26
mentioned in section 23(2). 27
(5) In this section-- 28
clinician see section 23(4). 29
Clause 19 Amendment of s 26 (Conditions of appointment) 30
(1) Section 26(1)-- 31
Page 15
Health Legislation Amendment Bill 2015
Part 5 Amendment of Pest Management Act 2001
[s 20]
insert-- 1
Note-- 2
See also section 24A(2) for a member of a board 3
appointed under that section. 4
(2) Section 26(2), from 'appointment fixed'-- 5
omit, insert-- 6
appointment fixed by-- 7
(a) for a member appointed under section 8
23--the Governor in Council; or 9
(b) for a member appointed under section 10
24A--the Minister. 11
Part 5 Amendment of Pest 12
Management Act 2001 13
Clause 20 Act amended 14
This part amends the Pest Management Act 2001. 15
Clause 21 Amendment of s 128 (Delegation by chief executive) 16
(1) Section 128(1), from 'qualified'-- 17
omit, insert-- 18
qualified-- 19
(a) officer of the department; or 20
(b) health service employee. 21
(2) Section 128(3)-- 22
omit. 23
Page 16
Health Legislation Amendment Bill 2015
Part 6 Amendment of Public Health Act 2005
[s 22]
Part 6 Amendment of Public Health 1
Act 2005 2
Clause 22 Act amended 3
This part amends the Public Health Act 2005. 4
Clause 23 Amendment of s 158 (Definitions for ch 5) 5
Section 158, definition registered nurse-- 6
omit. 7
Clause 24 Amendment of s 214 (Definitions for pt 1) 8
Section 214, definition midwife-- 9
omit. 10
Clause 25 Amendment of s 251 (Definitions for pt 3) 11
(1) Section 251, definition health practitioner, paragraph (b)-- 12
omit, insert-- 13
(b) a registered nurse; or 14
(2) Section 251, definition health practitioner, paragraph (c)-- 15
renumber as paragraph (d). 16
(3) Section 251, definition health practitioner-- 17
insert-- 18
(c) a midwife; or 19
Clause 26 Amendment of s 284 (Decision about application) 20
Section 284(4) to (8)-- 21
renumber as section 284(3) to (7). 22
Page 17
Health Legislation Amendment Bill 2015
Part 6 Amendment of Public Health Act 2005
[s 27]
Clause 27 Amendment of s 285 (What notice must state) 1
Section 285(1), 'section 284(4)'-- 2
omit, insert-- 3
section 284(3) 4
Clause 28 Amendment of s 291 (Restriction on disclosure of 5
information) 6
Section 291(2)(a), 'section 284(4)'-- 7
omit, insert-- 8
section 284(3) 9
Clause 29 Amendment of sch 2 (Dictionary) 10
(1) Schedule 2, definitions midwife and registered nurse-- 11
omit. 12
(2) Schedule 2-- 13
insert-- 14
midwife means a person registered under the 15
Health Practitioner Regulation National Law to 16
practise in the nursing and midwifery profession 17
as a midwife, other than as a student. 18
registered nurse means a person registered under 19
the Health Practitioner Regulation National 20
Law-- 21
(a) to practise in the nursing and midwifery 22
profession as a nurse, other than as a 23
student; and 24
(b) in the registered nurses division of that 25
profession. 26
Page 18
Health Legislation Amendment Bill 2015
Part 7 Amendment of Transplantation and Anatomy Act 1979
[s 30]
Part 7 Amendment of Transplantation 1
and Anatomy Act 1979 2
Clause 30 Act amended 3
This part amends the Transplantation and Anatomy Act 1979. 4
Clause 31 Amendment of s 42AB (Trading of tissue by, with or for 5
exempt entity) 6
Section 42AB(2), definition blood products-- 7
omit, insert-- 8
blood products-- 9
(a) means blood products under the National 10
Blood Authority Act 2003 (Cwlth), section 11
3, definition blood products and services, 12
paragraph (a); and 13
(b) does not include cord blood. 14
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 19
[Index] [Search] [Download] [Related Items] [Help]