Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 86

STATUTORY RULES 2000 No. 86

Issued by authority of the Minister for Health and Aged Care

National Health and Medical Research Council Act 1992

National Health and Medical Research Council Amendment Regulations 2000 (No. 1)

Section 8 5 of the National Health and Medical Research Council Act 1992 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed by regulations for carrying out or giving effect to the Act.

The Act was amended by the Health Legislation Amendment Act (No. 2) 2000 to, in part, introduce a streamlined, single stage public consultation process when the National Health and Medical Research Council (the Council) intends to issue guidelines; permit the Council to approve guidelines developed by other bodies; and introduce publication of a timetable and procedures to assist the Council when making recommendations to the Commonwealth on the application of the Medical Research Endowment Reserve.

The Regulations amend the National Health and Medical Research Council Regulations (the Principal Regulations) to give effect to the amendments to the Act.

The Principal Regulations are amended by the Regulations to include:

-       provision for publication of notices on the Internet;

-       updated forms of notices relating to public consultation.,

-       the form of notification of procedures and timetable for recommendations to the

Commonwealth on the application of the Medical Research Endowment Reserve; and

-       correct names of organisations from which nominations for membership of the Council

and the Australian Health Ethics Committee are to be sought.

Details of the Regulations are set out in the attachment.

The Regulations commenced on Gazettal.

ATTACHMENT

NOTES ON CLAUSES

Regulation 1 provides that the Regulations may be cited as the National Health and Medical Research Council Amendment Regulations 2000 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that the National Health and Medical Research Council Regulations are amended by Schedule 1.

Item 1 of Schedule 1 substitutes a new regulation 1 renaming the Regulations as the National Health and Medical Research Council Regulations 1993.

Item 2 of Schedule 1 inserts a new regulation 2A to provide for the manner and form in which the Council must publish procedures and a timetable to assist it in making recommendations to the Commonwealth. It also provides that the notice must be published in the Gazette and on an Internet website maintained by the Council.

Item 3 of Schedule 1 inserts a new heading to Regulation 3 to take into account re-numbering of relevant sections of the Act.

Items 4 to 9 of Schedule 1 insert expanded provisions for publication of notices on the Internet and allow for renumbering of forms.

Item 10 of Schedule 1 substitutes sub-regulations 3 (4) and 3 (5) to take into account re-numbering of relevant sections of the Act and to provide for publication of relevant notices on an Internet website maintained by the Council.

Item 11 inserts a new Schedule 1 to the regulations. Schedule 1 to the regulations contains the form in which certain notices must be published.

Form 1 is a new form which stipulates the form of publication of a timetable and procedures under section 11A of the Act.

Forms 2 and 3 specify the form of publication of notices under subparagraphs 12(2)(b) and 12(3)(a) of the Act which relate to public consultation requirements which must be undertaken by the Council before it makes a regulatory recommendation or engages in a prescribed activity.

Form 4 replaces a previous form and is amended to exclude the Council's issuing of guidelines, which is dealt with by Form 5.

Form 5 is a new form that relates to the public consultation requirements which must be undertaken by the Council before issuing guidelines under section 13 of the Act. This form follows the model of Forms 2 and 3 and maintains the integrity of the consultation process.

Form 6 replaces a previous form, amended by numerical order and the relevant renumbered section of the Act.

Form 7 replaces a previous form and provides for the form of publication of a notice under section 14B of the Act which allows the Council to dispense with consultation requirements where the issues raised are of minor significance.

item 12 of Schedule 1 amends Schedule 2 of the Regulations to delete a reference to an organisation which no longer exists.

Items 13 and 14 of Schedule 1 amend Schedule 3 of the Regulations to take into account the fact that two organisations have undergone name changes.