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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
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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If a provision of the compiled law has been repealed in accordance with a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.
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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
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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
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Preliminary Part 1
Section 1
National Blood Authority Act 2003 1
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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.
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(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
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(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.
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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.
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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;
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(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).
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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:
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(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.
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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.
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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.
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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:
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(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.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
(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.
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(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.
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(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.
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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.
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(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.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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
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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).
(3) For the purposes of subsection (1) or (2), the Minister may, by
legislative instrument, determine remuneration or allowances to be
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.
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(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.
(5) For the purposes of the Superannuation Act 1990, the General
Manager is taken to have been retired from office on the grounds
of invalidity if:
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The NBA General Manager, staff and advisory committees Part 4
The General Manager Division 1
Section 35
National Blood Authority Act 2003 19
Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16
(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 13 of that Act.
(6) For the purposes of the Superannuation Act 2005, 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 an approval and certificate under section 43 of
that Act.
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Part 4 The NBA General Manager, staff and advisory committees
Division 2 Staff and consultants
Section 36
20 National Blood Authority Act 2003
Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16
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.
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Advisory committees Division 3
Section 38
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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.
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Division 3 Advisory committees
Section 39
22 National Blood Authority Act 2003
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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).
(4) For the purposes of subsection (1) or (3), the Minister may, by
legislative instrument, determine remuneration or allowances to be
paid to a person appointed to an advisory committee.
(5) This section (except subsection (2)) has effect subject to the
Remuneration Tribunal Act 1973.
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The National Blood Account Part 5
Section 40
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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:
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(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.
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Miscellaneous Part 6
Section 43
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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.
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Endnotes
Endnote 1—About the endnotes
26 National Blood Authority Act 2003
Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
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
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Endnotes
Endnote 1—About the endnotes
National Blood Authority Act 2003 27
Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16
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.
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Endnotes
Endnote 2—Abbreviation key
28 National Blood Authority Act 2003
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Endnote 2—Abbreviation key
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
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Endnotes
Endnote 3—Legislation history
National Blood Authority Act 2003 29
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Endnote 3—Legislation history
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
Legislation Amendment
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
Legislation Amendment
(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
Schedule 2 (items 774–
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
Schedule 1 (items 115–
118): 1 July 2011 (see
s 2(1) item 2)
—
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Endnotes
Endnote 3—Legislation history
30 National Blood Authority Act 2003
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Act Number
and year
Assent Commencement Application,
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
Sch 1 (item 495): 5 Mar
2016 (s 2(1) item 2)
—
Acts and Instruments
(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
Legislation Amendment
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)
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Endnotes
Endnote 3—Legislation history
National Blood Authority Act 2003 31
Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16
Act Number
and year
Assent Commencement Application,
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)
—
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 1 (item 390): 5 Mar
2016 (s 2(1) item 2)
—
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Endnotes
Endnote 4—Amendment history
32 National Blood Authority Act 2003
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Endnote 4—Amendment history
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
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Endnotes
Endnote 4—Amendment history
National Blood Authority Act 2003 33
Compilation No. 9 Compilation date: 1/7/16 Registered: 19/7/16
Provision affected How affected
Part 6
s 43 ................................................ rs No 62, 2014
s 44 ................................................ am No 62, 2014
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