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This is a Bill, not an Act. For current law, see the Acts databases.


HEALTH LEGISLATION AMENDMENT BILL 2022

2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Health Legislation Amendment Bill 2022



Contents

Page













2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Health Legislation Amendment Bill 2022

A Bill for

An Act to amend legislation about health, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Health Legislation Amendment Act 2022

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

Medicines, Poisons and Therapeutic Goods Act 2008

Tobacco and Other Smoking Products Act 1927

Transplantation and Anatomy Act 1978

.

Part 2 Medicines, Poisons and Therapeutic Goods Act 2008

4 Application of Commonwealth therapeutic goods laws to ACT

New section 157 (3)

after the note, insert

(3) The Commonwealth therapeutic goods laws also apply as if they extended to—

(a) an act done or omitted to be done by a person who is not a corporation; and

(b) an act done or omitted to be done in the course of trade or commerce within the limits of the Territory.

Part 3 Tobacco and Other Smoking Products Act 1927

5 What is a compliance test?

Section 42B (1) (a)

omit

tobacco products

substitute

smoking products

6 Section 42B (1) (b)

omit

tobacco product

substitute

smoking product

7 Approval of compliance testing programs

Section 42C (2) (a)

omit

tobacco products

substitute

smoking products

8 No vending machines authorised

Section 49A

omit

tobacco products

substitute

smoking products

9 Retail tobacconist must obtain smoking products from licensed wholesaler

New section 67 (4) and (5)

insert

(4) Subsection (1) does not apply if the holder of a retail tobacconist’s licence—

(a) operates a community pharmacy; and

(b) obtains a personal vaporiser or personal vaporiser related product—

(i) that is a medicine; and

(ii) from someone who is not the holder of a wholesale tobacco merchant’s licence.

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 58).

(5) In this section:

community pharmacy—see the Medicines, Poisons and Therapeutic Goods Act 2008

, dictionary.

medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008

, section 11.

Part 4 Transplantation and Anatomy Act 1978

10 Disclosure of information

New section 49 (4) (aa)

insert

(aa) to a next of kin of a deceased person for the purposes of the Births, Deaths and Marriages Registration Act 1997

, section 38A (3); or

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 4 May 2022.

2 Notification

Notified under the Legislation Act

on 2022.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.























© Australian Capital Territory 2022

 


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