{"id":"C2006A00035","name":"Cancer Australia Act 2006","slug":"cancer-australia-act-2006","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"35 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27241,"registerId":"commonwealth-C2006A00035-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Cancer Australia Act 2006.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act:\n\n> Advisory Council means the Cancer Australia Advisory Council established by section 24.\n\n> Advisory Council member means a member of the Advisory Council (including the Chair).\n\n> Chair means the Chair of the Advisory Council.\n\n> Chief Executive Officer means the Chief Executive Officer of Cancer Australia.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"This Act binds the Crown","content":"#### 4 This Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application to the external Territories","content":"#### 5 Application to the external Territories\n\n  This Act extends to every external Territory.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Cancer Australia","content":"## Part 2—Cancer Australia","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Establishment","content":"#### 6 Establishment\n\n  (1) Cancer Australia is established by this section.\n  (2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8.\n\n> Note: Cancer Australia does not have a legal identity separate from the Commonwealth.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Cancer Australia","content":"#### 7 Functions of Cancer Australia\n\n  (1) Cancer Australia has the following functions:\n    (a) to provide national leadership in cancer control;\n    (b) to guide scientific improvements to cancer prevention, treatment and care;\n    (c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer;\n    (d) to make recommendations to the Commonwealth Government about cancer policy and priorities;\n    (e) to oversee a dedicated budget for research into cancer;\n    (f) to assist with the implementation of Commonwealth Government policies and programs in cancer control;\n    (g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f);\n    (h) any functions that the Minister, by writing, directs Cancer Australia to perform.\n  (2) A direction made under paragraph (1)(h) is not a legislative instrument.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Staff","content":"#### 8 Staff\n\n  (1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Consultants","content":"#### 9 Consultants\n\n  (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia.\n  (2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Chief Executive Officer","content":"An Act to establish Cancer Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Cancer Australia Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Advisory Council means the Cancer Australia Advisory Council established by section 24.\n\n> Advisory Council member means a member of the Advisory Council (including the Chair).\n\n> Chair means the Chair of the Advisory Council.\n\n> Chief Executive Officer means the Chief Executive Officer of Cancer Australia.\n\n#### 4 This Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application to the external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Cancer Australia\n\n#### 6 Establishment\n\n  (1) Cancer Australia is established by this section.\n  (2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8.\n\n> Note: Cancer Australia does not have a legal identity separate from the Commonwealth.\n\n#### 7 Functions of Cancer Australia\n\n  (1) Cancer Australia has the following functions:\n    (a) to provide national leadership in cancer control;\n    (b) to guide scientific improvements to cancer prevention, treatment and care;\n    (c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer;\n    (d) to make recommendations to the Commonwealth Government about cancer policy and priorities;\n    (e) to oversee a dedicated budget for research into cancer;\n    (f) to assist with the implementation of Commonwealth Government policies and programs in cancer control;\n    (g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f);\n    (h) any functions that the Minister, by writing, directs Cancer Australia to perform.\n  (2) A direction made under paragraph (1)(h) is not a legislative instrument.\n\n#### 8 Staff\n\n  (1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 9 Consultants\n\n  (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia.\n  (2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing.\n\n## Part 3—The Chief Executive Officer\n\n### Division 1—Role of Chief Executive Officer\n\n#### 10 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of Cancer Australia.\n\n#### 11 Responsibility of Chief Executive Officer\n\n  The Chief Executive Officer has the responsibility of managing Cancer Australia.\n\n#### 12 Minister may give directions to Chief Executive Officer\n\n  (1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.\n  (2) Directions given by the Minister under subsection (1) must be of a general nature only.\n  (3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).\n\n#### 13 Delegation\n\n  (1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.\n\n> Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013.\n\n  (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.\n\n### Division 2—Appointment etc. of Chief Executive Officer\n\n#### 14 Appointment of Chief Executive Officer\n\n  (1) The Chief Executive Officer is to be appointed by the Minister by written instrument.\n  (2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis.\n\n#### 15 Term of appointment\n\n  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Chief Executive Officer’s remuneration\n\n  (1) The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is prescribed.\n  (2) The Chief Executive Officer is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Outside employment\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.\n\n#### 19 Leave of absence\n\n  (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 21 Other terms and conditions\n\n  The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n  The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.\n\n#### 23 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the Chief Executive Officer if:\n    (a) the Chief Executive Officer:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or\n    (c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or\n    (d) the Chief Executive Officer 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.\n\n## Part 4—The Advisory Council\n\n### Division 1—Role of Advisory Council\n\n#### 24 Establishment\n\n  The Cancer Australia Advisory Council is established by this section.\n\n#### 25 Membership\n\n  The Advisory Council consists of:\n    (a) a Chair; and\n    (b) up to 12 other members.\n\n#### 26 Function of Advisory Council\n\n  The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.\n\n### Division 2—Appointment etc. of members of Advisory Council\n\n#### 27 Appointment of members\n\n  (1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.\n  (2) An Advisory Council member is to be appointed on a part‑time basis.\n\n#### 28 Term of appointment\n\n  An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 29 Acting appointments\n\n  (1) The Minister may appoint an Advisory Council member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act as an Advisory Council member:\n    (a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 Members’ remuneration\n\n  (1) An Advisory Council 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 prescribed.\n  (2) However, an Advisory Council 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:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or\n    (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\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An Advisory Council member is to be paid the allowances that are prescribed.\n  (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.\n\n#### 32 Disclosure of interests\n\n  (1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n\n#### 33 Other terms and conditions\n\n  The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 34 Resignation\n\n  An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 35 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Council member if:\n    (a) the Advisory Council member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or\n    (c) the Advisory Council member fails, without reasonable excuse, to comply with:\n    (i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or\n    (ii) 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.\n\n#### 36 Advisory Council procedures\n\n  (1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.\n  (2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.\n  (3) A determination made under subsection (1) is not a legislative instrument.\n\n## Part 4A—Application of the finance law\n\n#### 36A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) Cancer Australia;\n    (ii) the Advisory Council; and\n    (b) the listed entity is to be known as Cancer Australia; and\n    (c) the Chief Executive Officer is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the Chief Executive Officer;\n    (ii) the staff of Cancer Australia referred to in section 8;\n    (iii) the Advisory Council members;\n    (iv) consultants engaged under section 9; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of Cancer Australia referred to in section 7; and\n    (ii) the responsibility of the Chief Executive Officer referred to in section 11; and\n    (iii) the function of the Advisory Council referred to in section 26.\n\n## Part 5—Reporting\n\n#### 37 Annual report\n\n  The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.\n\n## Part 6—Miscellaneous\n\n#### 38 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Role of Chief Executive Officer","content":"An Act to establish Cancer Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Cancer Australia Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Advisory Council means the Cancer Australia Advisory Council established by section 24.\n\n> Advisory Council member means a member of the Advisory Council (including the Chair).\n\n> Chair means the Chair of the Advisory Council.\n\n> Chief Executive Officer means the Chief Executive Officer of Cancer Australia.\n\n#### 4 This Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application to the external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Cancer Australia\n\n#### 6 Establishment\n\n  (1) Cancer Australia is established by this section.\n  (2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8.\n\n> Note: Cancer Australia does not have a legal identity separate from the Commonwealth.\n\n#### 7 Functions of Cancer Australia\n\n  (1) Cancer Australia has the following functions:\n    (a) to provide national leadership in cancer control;\n    (b) to guide scientific improvements to cancer prevention, treatment and care;\n    (c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer;\n    (d) to make recommendations to the Commonwealth Government about cancer policy and priorities;\n    (e) to oversee a dedicated budget for research into cancer;\n    (f) to assist with the implementation of Commonwealth Government policies and programs in cancer control;\n    (g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f);\n    (h) any functions that the Minister, by writing, directs Cancer Australia to perform.\n  (2) A direction made under paragraph (1)(h) is not a legislative instrument.\n\n#### 8 Staff\n\n  (1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 9 Consultants\n\n  (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia.\n  (2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing.\n\n## Part 3—The Chief Executive Officer\n\n### Division 1—Role of Chief Executive Officer\n\n#### 10 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of Cancer Australia.\n\n#### 11 Responsibility of Chief Executive Officer\n\n  The Chief Executive Officer has the responsibility of managing Cancer Australia.\n\n#### 12 Minister may give directions to Chief Executive Officer\n\n  (1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.\n  (2) Directions given by the Minister under subsection (1) must be of a general nature only.\n  (3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).\n\n#### 13 Delegation\n\n  (1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.\n\n> Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013.\n\n  (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.\n\n### Division 2—Appointment etc. of Chief Executive Officer\n\n#### 14 Appointment of Chief Executive Officer\n\n  (1) The Chief Executive Officer is to be appointed by the Minister by written instrument.\n  (2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis.\n\n#### 15 Term of appointment\n\n  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Chief Executive Officer’s remuneration\n\n  (1) The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is prescribed.\n  (2) The Chief Executive Officer is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Outside employment\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.\n\n#### 19 Leave of absence\n\n  (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 21 Other terms and conditions\n\n  The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n  The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.\n\n#### 23 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the Chief Executive Officer if:\n    (a) the Chief Executive Officer:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or\n    (c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or\n    (d) the Chief Executive Officer 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.\n\n## Part 4—The Advisory Council\n\n### Division 1—Role of Advisory Council\n\n#### 24 Establishment\n\n  The Cancer Australia Advisory Council is established by this section.\n\n#### 25 Membership\n\n  The Advisory Council consists of:\n    (a) a Chair; and\n    (b) up to 12 other members.\n\n#### 26 Function of Advisory Council\n\n  The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.\n\n### Division 2—Appointment etc. of members of Advisory Council\n\n#### 27 Appointment of members\n\n  (1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.\n  (2) An Advisory Council member is to be appointed on a part‑time basis.\n\n#### 28 Term of appointment\n\n  An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 29 Acting appointments\n\n  (1) The Minister may appoint an Advisory Council member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act as an Advisory Council member:\n    (a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 Members’ remuneration\n\n  (1) An Advisory Council 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 prescribed.\n  (2) However, an Advisory Council 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:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or\n    (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\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An Advisory Council member is to be paid the allowances that are prescribed.\n  (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.\n\n#### 32 Disclosure of interests\n\n  (1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n\n#### 33 Other terms and conditions\n\n  The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 34 Resignation\n\n  An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 35 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Council member if:\n    (a) the Advisory Council member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or\n    (c) the Advisory Council member fails, without reasonable excuse, to comply with:\n    (i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or\n    (ii) 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.\n\n#### 36 Advisory Council procedures\n\n  (1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.\n  (2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.\n  (3) A determination made under subsection (1) is not a legislative instrument.\n\n## Part 4A—Application of the finance law\n\n#### 36A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) Cancer Australia;\n    (ii) the Advisory Council; and\n    (b) the listed entity is to be known as Cancer Australia; and\n    (c) the Chief Executive Officer is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the Chief Executive Officer;\n    (ii) the staff of Cancer Australia referred to in section 8;\n    (iii) the Advisory Council members;\n    (iv) consultants engaged under section 9; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of Cancer Australia referred to in section 7; and\n    (ii) the responsibility of the Chief Executive Officer referred to in section 11; and\n    (iii) the function of the Advisory Council referred to in section 26.\n\n## Part 5—Reporting\n\n#### 37 Annual report\n\n  The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.\n\n## Part 6—Miscellaneous\n\n#### 38 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Chief Executive Officer","content":"#### 10 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of Cancer Australia.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Responsibility of Chief Executive Officer","content":"#### 11 Responsibility of Chief Executive Officer\n\n  The Chief Executive Officer has the responsibility of managing Cancer Australia.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Minister may give directions to Chief Executive Officer","content":"#### 12 Minister may give directions to Chief Executive Officer\n\n  (1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.\n  (2) Directions given by the Minister under subsection (1) must be of a general nature only.\n  (3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Delegation","content":"#### 13 Delegation\n\n  (1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.\n\n> Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013.\n\n  (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Appointment etc. of Chief Executive Officer","content":"An Act to establish Cancer Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Cancer Australia Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Advisory Council means the Cancer Australia Advisory Council established by section 24.\n\n> Advisory Council member means a member of the Advisory Council (including the Chair).\n\n> Chair means the Chair of the Advisory Council.\n\n> Chief Executive Officer means the Chief Executive Officer of Cancer Australia.\n\n#### 4 This Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application to the external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Cancer Australia\n\n#### 6 Establishment\n\n  (1) Cancer Australia is established by this section.\n  (2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8.\n\n> Note: Cancer Australia does not have a legal identity separate from the Commonwealth.\n\n#### 7 Functions of Cancer Australia\n\n  (1) Cancer Australia has the following functions:\n    (a) to provide national leadership in cancer control;\n    (b) to guide scientific improvements to cancer prevention, treatment and care;\n    (c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer;\n    (d) to make recommendations to the Commonwealth Government about cancer policy and priorities;\n    (e) to oversee a dedicated budget for research into cancer;\n    (f) to assist with the implementation of Commonwealth Government policies and programs in cancer control;\n    (g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f);\n    (h) any functions that the Minister, by writing, directs Cancer Australia to perform.\n  (2) A direction made under paragraph (1)(h) is not a legislative instrument.\n\n#### 8 Staff\n\n  (1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 9 Consultants\n\n  (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia.\n  (2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing.\n\n## Part 3—The Chief Executive Officer\n\n### Division 1—Role of Chief Executive Officer\n\n#### 10 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of Cancer Australia.\n\n#### 11 Responsibility of Chief Executive Officer\n\n  The Chief Executive Officer has the responsibility of managing Cancer Australia.\n\n#### 12 Minister may give directions to Chief Executive Officer\n\n  (1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.\n  (2) Directions given by the Minister under subsection (1) must be of a general nature only.\n  (3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).\n\n#### 13 Delegation\n\n  (1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.\n\n> Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013.\n\n  (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.\n\n### Division 2—Appointment etc. of Chief Executive Officer\n\n#### 14 Appointment of Chief Executive Officer\n\n  (1) The Chief Executive Officer is to be appointed by the Minister by written instrument.\n  (2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis.\n\n#### 15 Term of appointment\n\n  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Chief Executive Officer’s remuneration\n\n  (1) The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is prescribed.\n  (2) The Chief Executive Officer is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Outside employment\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.\n\n#### 19 Leave of absence\n\n  (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 21 Other terms and conditions\n\n  The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n  The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.\n\n#### 23 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the Chief Executive Officer if:\n    (a) the Chief Executive Officer:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or\n    (c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or\n    (d) the Chief Executive Officer 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.\n\n## Part 4—The Advisory Council\n\n### Division 1—Role of Advisory Council\n\n#### 24 Establishment\n\n  The Cancer Australia Advisory Council is established by this section.\n\n#### 25 Membership\n\n  The Advisory Council consists of:\n    (a) a Chair; and\n    (b) up to 12 other members.\n\n#### 26 Function of Advisory Council\n\n  The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.\n\n### Division 2—Appointment etc. of members of Advisory Council\n\n#### 27 Appointment of members\n\n  (1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.\n  (2) An Advisory Council member is to be appointed on a part‑time basis.\n\n#### 28 Term of appointment\n\n  An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 29 Acting appointments\n\n  (1) The Minister may appoint an Advisory Council member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act as an Advisory Council member:\n    (a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 Members’ remuneration\n\n  (1) An Advisory Council 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 prescribed.\n  (2) However, an Advisory Council 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:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or\n    (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\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An Advisory Council member is to be paid the allowances that are prescribed.\n  (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.\n\n#### 32 Disclosure of interests\n\n  (1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n\n#### 33 Other terms and conditions\n\n  The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 34 Resignation\n\n  An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 35 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Council member if:\n    (a) the Advisory Council member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or\n    (c) the Advisory Council member fails, without reasonable excuse, to comply with:\n    (i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or\n    (ii) 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.\n\n#### 36 Advisory Council procedures\n\n  (1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.\n  (2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.\n  (3) A determination made under subsection (1) is not a legislative instrument.\n\n## Part 4A—Application of the finance law\n\n#### 36A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) Cancer Australia;\n    (ii) the Advisory Council; and\n    (b) the listed entity is to be known as Cancer Australia; and\n    (c) the Chief Executive Officer is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the Chief Executive Officer;\n    (ii) the staff of Cancer Australia referred to in section 8;\n    (iii) the Advisory Council members;\n    (iv) consultants engaged under section 9; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of Cancer Australia referred to in section 7; and\n    (ii) the responsibility of the Chief Executive Officer referred to in section 11; and\n    (iii) the function of the Advisory Council referred to in section 26.\n\n## Part 5—Reporting\n\n#### 37 Annual report\n\n  The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.\n\n## Part 6—Miscellaneous\n\n#### 38 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of Chief Executive Officer","content":"#### 14 Appointment of Chief Executive Officer\n\n  (1) The Chief Executive Officer is to be appointed by the Minister by written instrument.\n  (2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Term of appointment","content":"#### 15 Term of appointment\n\n  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Acting appointments","content":"#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Chief Executive Officer’s remuneration","content":"#### 17 Chief Executive Officer’s remuneration\n\n  (1) The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is prescribed.\n  (2) The Chief Executive Officer is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Outside employment","content":"#### 18 Outside employment\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Leave of absence","content":"#### 19 Leave of absence\n\n  (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Other terms and conditions","content":"#### 21 Other terms and conditions\n\n  The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Resignation","content":"#### 22 Resignation\n\n  The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Termination of appointment","content":"#### 23 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the Chief Executive Officer if:\n    (a) the Chief Executive Officer:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or\n    (c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or\n    (d) the Chief Executive Officer 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.","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"The Advisory Council","content":"An Act to establish Cancer Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Cancer Australia Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Advisory Council means the Cancer Australia Advisory Council established by section 24.\n\n> Advisory Council member means a member of the Advisory Council (including the Chair).\n\n> Chair means the Chair of the Advisory Council.\n\n> Chief Executive Officer means the Chief Executive Officer of Cancer Australia.\n\n#### 4 This Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application to the external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Cancer Australia\n\n#### 6 Establishment\n\n  (1) Cancer Australia is established by this section.\n  (2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8.\n\n> Note: Cancer Australia does not have a legal identity separate from the Commonwealth.\n\n#### 7 Functions of Cancer Australia\n\n  (1) Cancer Australia has the following functions:\n    (a) to provide national leadership in cancer control;\n    (b) to guide scientific improvements to cancer prevention, treatment and care;\n    (c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer;\n    (d) to make recommendations to the Commonwealth Government about cancer policy and priorities;\n    (e) to oversee a dedicated budget for research into cancer;\n    (f) to assist with the implementation of Commonwealth Government policies and programs in cancer control;\n    (g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f);\n    (h) any functions that the Minister, by writing, directs Cancer Australia to perform.\n  (2) A direction made under paragraph (1)(h) is not a legislative instrument.\n\n#### 8 Staff\n\n  (1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 9 Consultants\n\n  (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia.\n  (2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing.\n\n## Part 3—The Chief Executive Officer\n\n### Division 1—Role of Chief Executive Officer\n\n#### 10 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of Cancer Australia.\n\n#### 11 Responsibility of Chief Executive Officer\n\n  The Chief Executive Officer has the responsibility of managing Cancer Australia.\n\n#### 12 Minister may give directions to Chief Executive Officer\n\n  (1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.\n  (2) Directions given by the Minister under subsection (1) must be of a general nature only.\n  (3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).\n\n#### 13 Delegation\n\n  (1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.\n\n> Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013.\n\n  (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.\n\n### Division 2—Appointment etc. of Chief Executive Officer\n\n#### 14 Appointment of Chief Executive Officer\n\n  (1) The Chief Executive Officer is to be appointed by the Minister by written instrument.\n  (2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis.\n\n#### 15 Term of appointment\n\n  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Chief Executive Officer’s remuneration\n\n  (1) The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is prescribed.\n  (2) The Chief Executive Officer is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Outside employment\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.\n\n#### 19 Leave of absence\n\n  (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 21 Other terms and conditions\n\n  The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n  The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.\n\n#### 23 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the Chief Executive Officer if:\n    (a) the Chief Executive Officer:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or\n    (c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or\n    (d) the Chief Executive Officer 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.\n\n## Part 4—The Advisory Council\n\n### Division 1—Role of Advisory Council\n\n#### 24 Establishment\n\n  The Cancer Australia Advisory Council is established by this section.\n\n#### 25 Membership\n\n  The Advisory Council consists of:\n    (a) a Chair; and\n    (b) up to 12 other members.\n\n#### 26 Function of Advisory Council\n\n  The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.\n\n### Division 2—Appointment etc. of members of Advisory Council\n\n#### 27 Appointment of members\n\n  (1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.\n  (2) An Advisory Council member is to be appointed on a part‑time basis.\n\n#### 28 Term of appointment\n\n  An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n#### 29 Acting appointments\n\n  (1) The Minister may appoint an Advisory Council member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act as an Advisory Council member:\n    (a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 Members’ remuneration\n\n  (1) An Advisory Council 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 prescribed.\n  (2) However, an Advisory Council 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:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or\n    (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\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An Advisory Council member is to be paid the allowances that are prescribed.\n  (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.\n\n#### 32 Disclosure of interests\n\n  (1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n\n#### 33 Other terms and conditions\n\n  The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 34 Resignation\n\n  An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 35 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Council member if:\n    (a) the Advisory Council member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or\n    (c) the Advisory Council member fails, without reasonable excuse, to comply with:\n    (i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or\n    (ii) 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.\n\n#### 36 Advisory Council procedures\n\n  (1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.\n  (2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.\n  (3) A determination made under subsection (1) is not a legislative instrument.\n\n## Part 4A—Application of the finance law\n\n#### 36A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) Cancer Australia;\n    (ii) the Advisory Council; and\n    (b) the listed entity is to be known as Cancer Australia; and\n    (c) the Chief Executive Officer is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the Chief Executive Officer;\n    (ii) the staff of Cancer Australia referred to in section 8;\n    (iii) the Advisory Council members;\n    (iv) consultants engaged under section 9; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of Cancer Australia referred to in section 7; and\n    (ii) the responsibility of the Chief Executive Officer referred to in section 11; and\n    (iii) the function of the Advisory Council referred to in section 26.\n\n## Part 5—Reporting\n\n#### 37 Annual report\n\n  The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.\n\n## Part 6—Miscellaneous\n\n#### 38 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Establishment","content":"#### 24 Establishment\n\n  The Cancer Australia Advisory Council is established by this section.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Membership","content":"#### 25 Membership\n\n  The Advisory Council consists of:\n    (a) a Chair; and\n    (b) up to 12 other members.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Function of Advisory Council","content":"#### 26 Function of Advisory Council\n\n  The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Appointment of members","content":"#### 27 Appointment of members\n\n  (1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.\n  (2) An Advisory Council member is to be appointed on a part‑time basis.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Term of appointment","content":"#### 28 Term of appointment\n\n  An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Acting appointments","content":"#### 29 Acting appointments\n\n  (1) The Minister may appoint an Advisory Council member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act as an Advisory Council member:\n    (a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Members’ remuneration","content":"#### 30 Members’ remuneration\n\n  (1) An Advisory Council 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 prescribed.\n  (2) However, an Advisory Council 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:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or\n    (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\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An Advisory Council member is to be paid the allowances that are prescribed.\n  (4) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Leave of absence","content":"#### 31 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Disclosure of interests","content":"#### 32 Disclosure of interests\n\n  (1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Other terms and conditions","content":"#### 33 Other terms and conditions\n\n  The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Resignation","content":"#### 34 Resignation\n\n  An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Termination of appointment","content":"#### 35 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Council member if:\n    (a) the Advisory Council member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or\n    (c) the Advisory Council member fails, without reasonable excuse, to comply with:\n    (i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or\n    (ii) 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.","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Advisory Council procedures","content":"#### 36 Advisory Council procedures\n\n  (1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.\n  (2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.\n  (3) A determination made under subsection (1) is not a legislative instrument.","sortOrder":42},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Application of the finance law","content":"## Part 4A—Application of the finance law","sortOrder":43},{"sectionNumber":"36A","sectionType":"section","heading":"Application of the finance law","content":"#### 36A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) Cancer Australia;\n    (ii) the Advisory Council; and\n    (b) the listed entity is to be known as Cancer Australia; and\n    (c) the Chief Executive Officer is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the Chief Executive Officer;\n    (ii) the staff of Cancer Australia referred to in section 8;\n    (iii) the Advisory Council members;\n    (iv) consultants engaged under section 9; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of Cancer Australia referred to in section 7; and\n    (ii) the responsibility of the Chief Executive Officer referred to in section 11; and\n    (iii) the function of the Advisory Council referred to in section 26.","sortOrder":44},{"sectionNumber":"Part 5","sectionType":"part","heading":"Reporting","content":"## Part 5—Reporting","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Annual report","content":"#### 37 Annual report\n\n  The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.","sortOrder":46},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Regulations","content":"#### 38 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":48}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's core purpose—establishing Cancer Australia to lead, coordinate and fund Commonwealth cancer research and policy—remains intact. The addition of Part 4A (s36A) aligns the agency with the Commonwealth finance and accountability framework (PGPA Act), which changes governance and reporting obligations but does not significantly broaden substantive functions or powers. Ministerial appointment and direction powers, funding via parliamentary appropriation, and the advisory role were present in the original statutory design (ss6–7, 12, 14–17, 24–36). The change is primarily administrative/ procedural (financial accountability and labelled \"listed entity\" status) rather than an expansion of policy scope."},"complexity_factors":["Short Act (around 38 sections) with limited bespoke definitions (4 defined terms in s3).","Cross‑references to four major external statutes: Public Service Act 1999 (s8), Remuneration Tribunal Act 1973 (s17/30), Public Governance, Performance and Accountability Act 2013 (s36A and reporting cross‑refs), and Acts Interpretation Act 1901 (acting appointment notes).","Some conditional rules and nested items for appointment, termination and remuneration (multiple subsections under ss14–23 and ss27–36).","Delegation limited to SES-level officers (s13) and Ministerial directions constrained to 'general nature' but binding (s12) — simple but legally significant conditions.","One administrative‑style amendment/addition: Part 4A (s36A) integrating PGPA finance law for the listed entity.","Few defined technical terms and no complex offence/compliance regimes—mostly administrative provisions."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a Commonwealth body called \"Cancer Australia\": a small statutory agency made up of a Chief Executive Officer (CEO) and staff (s6, s8). Cancer Australia does not have a separate legal personality from the Commonwealth (s6 note). \n- Sets out Cancer Australia’s statutory functions: national leadership in cancer control, advising government, coordinating stakeholders, overseeing a dedicated research budget, assisting to implement Commonwealth cancer policies and programs, providing financial assistance out of parliamentary appropriations, and any further written functions the Minister directs (s7).\n- Creates a Chief Executive Officer to manage the agency and gives the Minister power to appoint, set terms (up to 3 years), pay (Remuneration Tribunal rules), and remove the CEO for specified reasons; the CEO may delegate functions to senior executive service (SES) officers (ss10–23, 13, 17). The CEO and staff are public servants (s8). \n- Establishes an Advisory Council to advise the CEO, with a Chair plus up to 12 part‑time members; the Minister appoints members, sets terms (up to 3 years) and may terminate appointments for specified reasons (ss24–36). Members must disclose pecuniary interests to the Minister (s32). \n- Applies the Commonwealth finance framework to the combination of Cancer Australia and the Advisory Council—naming the CEO as accountable authority and listing officials—for PGPA (Public Governance, Performance and Accountability) purposes (s36A). \n- Requires the CEO’s annual report under the PGPA Act to include a report on the Advisory Council’s operations (s37). The Governor‑General may make regulations to carry the Act into effect (s38).\n\n**Who this affects**\n\n- Parliament: provides appropriation authority to fund research and program assistance administered by Cancer Australia (s7(g)).\n- The Minister: appoints and directs (appointments, general directions, functions) and determines certain non‑statutory terms (ss12, 14, 21, 27). \n- The CEO and Cancer Australia staff: are public servants; CEO has management responsibility and specific employment/leave/remuneration rules (ss8, 11, 17, 19). \n- Advisory Council members and consultants engaged by the CEO: subject to appointment rules, disclosure obligations and remuneration rules (ss9, 25–36).\n- States and other stakeholders: affected indirectly because Cancer Australia coordinates with, advises and supports implementation of Commonwealth cancer policy; the Act does not compel State action.\n\n**Why it matters (purpose claims and tested mechanics)\n\nThe Act’s stated purpose is to create a Commonwealth focal point for national cancer control and research oversight (s7). That claim implies three practical effects: concentrating national leadership and policy advice; creating a budgetary channel for cancer research and implementation grants; and imposing centralised governance and reporting.\n\n- Who pays: research and program funding comes from Parliament (money appropriated by the Parliament) and is administered by Cancer Australia (s7(g)). That creates a direct fiscal cost to the Commonwealth budget and a single channel for Commonwealth-funded cancer activity. \n- Who decides: the Minister appoints the CEO and Advisory Council, may give the CEO general written directions about performance (ss12, 14, 27), and determines non‑statutory terms—so political executive control is concentrated (ss12, 21). The CEO controls day‑to‑day management, engagement of consultants, and delegation within SES (ss11, 9, 13). \n- Behaviour changes expected: Commonwealth agencies, researchers and health stakeholders will interact with a single national agency for advice, funding allocations and coordination. The CEO is required to follow Ministerial directions of a general nature (s12(3)), which shapes operational priorities. The application of PGPA (s36A) increases formal financial accountability and reporting obligations, likely raising administrative compliance costs. \n\nTrade‑offs, incentives and implementation considerations\n\n- Concentrated benefits vs diffuse costs: The Act concentrates decision rights and a research budget within Cancer Australia (s7(e),(g)). That can streamline national prioritisation but also concentrates influence in an agency whose leadership the Minister appoints (ss14, 12). The Commonwealth bears fiscal costs via appropriations (s7(g)). \n- Ministerial direction and operational independence: The Minister can give general written directions (s12). The directions must be \"of a general nature only\" (s12(2), but they are binding on the CEO (s12(3)). That structure formalises Ministerial oversight while preserving day‑to‑day management to the CEO. \n- Accountability built into law: PGPA alignment (s36A) and required disclosures for Advisory Council members (s32 and cross‑reference to PGPA s29) create formal checks—reporting, disclosure and financial governance—at the cost of administrative burden. \n- Conflicts of interest and industry involvement: members must disclose pecuniary interests to the Minister (s32). That mitigates but does not eliminate risks where members have industry ties; the mechanism is disclosure and potential termination for failure to disclose (s35(2)(c)). \n- Implementation risk and scope limits: Cancer Australia is not a separate legal entity (s6 note), limiting its capacity to, for example, hold property or sue in its own name; the Commonwealth retains ultimate legal responsibility. The Act coordinates and funds Commonwealth activity but does not legislate over State health systems—so influence is by funding/advice rather than compulsion. \n\n**Practical points for affected parties**\n\n- Researchers and providers seeking Commonwealth research funds should expect to apply through Cancer Australia processes funded from parliamentary appropriations (s7(g)). \n- Prospective Advisory Council or CEO candidates should expect Ministerial appointment, term limits of up to 3 years, Remuneration Tribunal‑determined pay, disclosure obligations, and grounds for termination set in the Act (ss14–15, 17, 32–35). \n- The CEO’s operational choices (consultants, staff engagement, delegations) are permitted but constrained by public service rules and PGPA obligations (ss8–9, 13, 36A).\n\nOverall, the Act creates a ministerially‑appointed, Commonwealth‑funded centre to lead, coordinate and fund cancer policy, research and program implementation, with formal financial and disclosure accountability but with Ministerial control over appointments and general directions (see ss6–7, 12, 14–17, 24–36A)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act does exactly what it says on the tin — it establishes Cancer Australia and its Advisory Council, sets out their functions, and deals with the governance and administrative arrangements of both bodies. There is no evidence of scope creep or departure from the original intent. The open-ended ministerial power to direct Cancer Australia to perform additional functions (section 7(1)(h)) provides some flexibility, but this is a standard feature of such enabling legislation rather than a change in scope."},"complexity_factors":["Moderate cross-referencing to other legislation (Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901)","Layered governance structure with two bodies (Cancer Australia and the Advisory Council) operating as a single 'listed entity' for financial law purposes, which is a technical but not especially difficult concept","Some nuance in remuneration rules for Advisory Council members who are already employed by State governments or State-owned entities","Ministerial direction powers operate differently depending on whether they are 'legislative instruments' (public, disallowable) or not — a distinction invisible to most readers but legally significant","Missing section number (section 20 is absent) suggests historical amendments, which could cause minor confusion","The document is heavily repeated/duplicated in its presentation, adding length without legal complexity"],"plain_english_summary":"The Cancer Australia Act 2006 establishes Cancer Australia, a federal agency to lead national cancer policy, fund and guide research, coordinate services across hospitals and charities, and implement government cancer programs. It is overseen by a Minister-appointed CEO and advised by an expert council.\n\nThe agency affects cancer patients, clinicians, researchers, and the public by shaping prevention, treatment and funding priorities—centralising Australia’s national response to a leading cause of death."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":449},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing Cancer Australia as a national cancer control body with advisory and administrative functions. No significant scope creep detected."},"complexity_factors":["Standard statutory agency template with familiar appointment/remuneration/termination provisions","Multiple cross-references to other Acts (Public Service Act 1999, Public Governance, Performance and Accountability Act 2013, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901)","Some conditional logic in remuneration provisions (section 30) excluding certain state employees","Part 4A finance law application uses nested subparagraphs (i)-(iv) within paragraphs (a)-(e)","Duplicative content in provided text (appears to be multiple versions or extracts combined)"],"plain_english_summary":"This Act creates **Cancer Australia**, a national body to lead Australia's efforts on cancer prevention, treatment, and research.\n\n**What Cancer Australia does:**\n- Provides national leadership on cancer control\n- Guides scientific improvements to prevention, treatment and care\n- Coordinates between health groups, researchers, and care providers\n- Advises the Commonwealth Government on cancer policy and priorities\n- Manages a dedicated budget for cancer research\n- Funds research and helps implement government cancer programs\n\n**How it's structured:**\n- **Chief Executive Officer** — appointed by the Minister for up to 3 years, runs the organisation, can be full-time or part-time\n- **Staff** — public servants employed under standard Commonwealth public service rules\n- **Advisory Council** — up to 13 part-time members (including a Chair) appointed by the Minister to advise the CEO\n\n**Key points:**\n- Cancer Australia is part of the Commonwealth government — it doesn't have a separate legal identity\n- The Minister can give general directions to the CEO, who must follow them\n- The CEO can delegate powers to senior staff\n- Advisory Council members must disclose any financial interests in cancer-related businesses\n- The body must report annually on its activities and the Advisory Council's operations\n- The Act applies to all Australian external Territories"}},"importantCases":[],"_links":{"self":"/api/acts/cancer-australia-act-2006","history":"/api/acts/cancer-australia-act-2006/history","analysis":"/api/acts/cancer-australia-act-2006/analysis","conflicts":"/api/acts/cancer-australia-act-2006/conflicts","importantCases":"/api/acts/cancer-australia-act-2006/important-cases","documents":"/api/acts/cancer-australia-act-2006/documents"}}