{"id":"C2004A01114","name":"National Blood Authority Act 2003","slug":"national-blood-authority-act-2003","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"29 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32762,"registerId":"commonwealth-C2004A01114-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 National Blood Authority Act 2003.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Main purpose of this Act","content":"#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"This Act binds the Crown","content":"#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application to the external Territories","content":"#### 6 Application to the external Territories\n\n This Act extends to each external Territory.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"The National Blood Authority","content":"## Part 2—The National Blood Authority","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Establishment","content":"#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Functions","content":"#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Policy principles about the NBA’s functions","content":"#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"General Manager’s power to obtain information and documents","content":"#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Protecting confidentiality of information","content":"#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"The NBA Board","content":"## Part 3—The NBA Board","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Establishment","content":"#### 12 Establishment\n\n The NBA Board is established by this section.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Functions","content":"#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Membership","content":"#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Appointing members","content":"#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Term of appointment","content":"#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Acting appointments","content":"#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Members’ remuneration","content":"#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Leave of absence","content":"#### 19 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 Board member on the terms and conditions that the Chair determines.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Resignation","content":"#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Termination of appointment","content":"#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Board procedures","content":"#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"The NBA General Manager, staff and advisory committees","content":"An Act to enhance the management of Australia’s blood supply, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Blood Authority Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.\n\n#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.\n\n#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 6 Application to the external Territories\n\n This Act extends to each external Territory.\n\n## Part 2—The National Blood Authority\n\n#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.\n\n#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).\n\n#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.\n\n#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).\n\n#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.\n\n## Part 3—The NBA Board\n\n#### 12 Establishment\n\n The NBA Board is established by this section.\n\n#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).\n\n#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.\n\n#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.\n\n#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.\n\n#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 19 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 Board member on the terms and conditions that the Chair determines.\n\n#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).\n\n#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.\n\n## Part 4—The NBA General Manager, staff and advisory committees\n\n### Division 1—The General Manager\n\n#### Subdivision A—Establishment and role\n\n#### 23 General Manager\n\n There is to be a General Manager of the NBA.\n\n#### 24 Function\n\n The General Manager is responsible for managing the NBA.\n\n#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).\n\n#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.\n\n#### Subdivision B—Appointing the General Manager\n\n#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.\n\n#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.\n\n#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 34 Resignation\n\n The General Manager 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 the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.\n\n### Division 2—Staff and consultants\n\n#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.\n\n#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.\n\n### Division 3—Advisory committees\n\n#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.\n\n#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—The National Blood Account\n\n#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.\n\n#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.\n\n#### 45 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":25},{"sectionNumber":"Division 1","sectionType":"division","heading":"The General Manager","content":"An Act to enhance the management of Australia’s blood supply, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Blood Authority Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.\n\n#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.\n\n#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 6 Application to the external Territories\n\n This Act extends to each external Territory.\n\n## Part 2—The National Blood Authority\n\n#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.\n\n#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).\n\n#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.\n\n#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).\n\n#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.\n\n## Part 3—The NBA Board\n\n#### 12 Establishment\n\n The NBA Board is established by this section.\n\n#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).\n\n#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.\n\n#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.\n\n#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.\n\n#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 19 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 Board member on the terms and conditions that the Chair determines.\n\n#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).\n\n#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.\n\n## Part 4—The NBA General Manager, staff and advisory committees\n\n### Division 1—The General Manager\n\n#### Subdivision A—Establishment and role\n\n#### 23 General Manager\n\n There is to be a General Manager of the NBA.\n\n#### 24 Function\n\n The General Manager is responsible for managing the NBA.\n\n#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).\n\n#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.\n\n#### Subdivision B—Appointing the General Manager\n\n#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.\n\n#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.\n\n#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 34 Resignation\n\n The General Manager 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 the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.\n\n### Division 2—Staff and consultants\n\n#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.\n\n#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.\n\n### Division 3—Advisory committees\n\n#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.\n\n#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—The National Blood Account\n\n#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.\n\n#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.\n\n#### 45 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":26},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Establishment and role","content":"An Act to enhance the management of Australia’s blood supply, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Blood Authority Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.\n\n#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.\n\n#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 6 Application to the external Territories\n\n This Act extends to each external Territory.\n\n## Part 2—The National Blood Authority\n\n#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.\n\n#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).\n\n#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.\n\n#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).\n\n#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.\n\n## Part 3—The NBA Board\n\n#### 12 Establishment\n\n The NBA Board is established by this section.\n\n#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).\n\n#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.\n\n#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.\n\n#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.\n\n#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 19 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 Board member on the terms and conditions that the Chair determines.\n\n#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).\n\n#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.\n\n## Part 4—The NBA General Manager, staff and advisory committees\n\n### Division 1—The General Manager\n\n#### Subdivision A—Establishment and role\n\n#### 23 General Manager\n\n There is to be a General Manager of the NBA.\n\n#### 24 Function\n\n The General Manager is responsible for managing the NBA.\n\n#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).\n\n#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.\n\n#### Subdivision B—Appointing the General Manager\n\n#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.\n\n#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.\n\n#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 34 Resignation\n\n The General Manager 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 the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.\n\n### Division 2—Staff and consultants\n\n#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.\n\n#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.\n\n### Division 3—Advisory committees\n\n#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.\n\n#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—The National Blood Account\n\n#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.\n\n#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.\n\n#### 45 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":"23","sectionType":"section","heading":"General Manager","content":"#### 23 General Manager\n\n There is to be a General Manager of the NBA.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Function","content":"#### 24 Function\n\n The General Manager is responsible for managing the NBA.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Working with the Board","content":"#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Delegation","content":"#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.","sortOrder":31},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Appointing the General Manager","content":"An Act to enhance the management of Australia’s blood supply, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Blood Authority Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.\n\n#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.\n\n#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 6 Application to the external Territories\n\n This Act extends to each external Territory.\n\n## Part 2—The National Blood Authority\n\n#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.\n\n#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).\n\n#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.\n\n#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).\n\n#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.\n\n## Part 3—The NBA Board\n\n#### 12 Establishment\n\n The NBA Board is established by this section.\n\n#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).\n\n#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.\n\n#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.\n\n#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.\n\n#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 19 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 Board member on the terms and conditions that the Chair determines.\n\n#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).\n\n#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.\n\n## Part 4—The NBA General Manager, staff and advisory committees\n\n### Division 1—The General Manager\n\n#### Subdivision A—Establishment and role\n\n#### 23 General Manager\n\n There is to be a General Manager of the NBA.\n\n#### 24 Function\n\n The General Manager is responsible for managing the NBA.\n\n#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).\n\n#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.\n\n#### Subdivision B—Appointing the General Manager\n\n#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.\n\n#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.\n\n#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 34 Resignation\n\n The General Manager 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 the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.\n\n### Division 2—Staff and consultants\n\n#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.\n\n#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.\n\n### Division 3—Advisory committees\n\n#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.\n\n#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—The National Blood Account\n\n#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.\n\n#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.\n\n#### 45 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":32},{"sectionNumber":"27","sectionType":"section","heading":"Appointing the General Manager","content":"#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Term of appointment","content":"#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Acting appointments","content":"#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\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":"General Manager’s remuneration","content":"#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Outside employment","content":"#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Leave of absence","content":"#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Resignation","content":"#### 34 Resignation\n\n The General Manager may resign his or her appointment by giving the Minister a written resignation.","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Termination of appointment","content":"#### 35 Termination of appointment\n\n (1) The Minister may terminate the appointment of the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.","sortOrder":40},{"sectionNumber":"Division 2","sectionType":"division","heading":"Staff and consultants","content":"An Act to enhance the management of Australia’s blood supply, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Blood Authority Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.\n\n#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.\n\n#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 6 Application to the external Territories\n\n This Act extends to each external Territory.\n\n## Part 2—The National Blood Authority\n\n#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.\n\n#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).\n\n#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.\n\n#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).\n\n#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.\n\n## Part 3—The NBA Board\n\n#### 12 Establishment\n\n The NBA Board is established by this section.\n\n#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).\n\n#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.\n\n#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.\n\n#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.\n\n#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 19 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 Board member on the terms and conditions that the Chair determines.\n\n#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).\n\n#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.\n\n## Part 4—The NBA General Manager, staff and advisory committees\n\n### Division 1—The General Manager\n\n#### Subdivision A—Establishment and role\n\n#### 23 General Manager\n\n There is to be a General Manager of the NBA.\n\n#### 24 Function\n\n The General Manager is responsible for managing the NBA.\n\n#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).\n\n#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.\n\n#### Subdivision B—Appointing the General Manager\n\n#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.\n\n#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.\n\n#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 34 Resignation\n\n The General Manager 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 the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.\n\n### Division 2—Staff and consultants\n\n#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.\n\n#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.\n\n### Division 3—Advisory committees\n\n#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.\n\n#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—The National Blood Account\n\n#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.\n\n#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.\n\n#### 45 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":41},{"sectionNumber":"36","sectionType":"section","heading":"Staff","content":"#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Consultants","content":"#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.","sortOrder":43},{"sectionNumber":"Division 3","sectionType":"division","heading":"Advisory committees","content":"An Act to enhance the management of Australia’s blood supply, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Blood Authority Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

15 April 2003

2. Sections 3 to 45

Either:

(a) if this Act receives the Royal Assent before 1 July 2003—1 July 2003; or

(b) in any other case—a single day to be fixed by Proclamation, subject to subsection (3)

1 July 2003

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table has not commenced on 1 July 2003, and does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> blood products and services means:\n\n (a) products (blood products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) consist of human blood or components of human blood; or\n (ii) are derived from human blood; or\n (b) products (blood‑related products) that are used or intended for use for human therapeutic or diagnostic purposes and that:\n (i) are alternative or complementary to the use of blood products; and\n (ii) are regarded as blood‑related products for the National Blood Agreement; or\n (c) services, equipment or procedures that are regarded as blood‑related services for the National Blood Agreement and that:\n (i) are used in the collection, supply or use of blood products or blood‑related products; or\n (ii) are alternatives to the use of blood products or blood‑related products; or\n (iii) reduce the need for blood products or blood‑related products; or\n (iv) otherwise affect the demand or supply of blood products or blood‑related products.\n\n> blood‑related information has the meaning given by subsection 10(4).\n\n> Board means the NBA Board established by section 12.\n\n> Chair means the Chair of the Board.\n\n> covered Territories means the following:\n\n (a) the Australian Capital Territory;\n (b) the Northern Territory;\n (ba) Norfolk Island;\n (c) the Territory of Christmas Island;\n (d) the Territory of Cocos (Keeling) Islands;\n (e) the Australian Antarctic Territory;\n (f) the Jervis Bay Territory.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> General Manager means the General Manager (described in Part 4) of the NBA.\n\n> Ministerial Council has the same meaning as in the National Blood Agreement.\n\n> National Blood Agreement means the national blood agreement that:\n\n (a) relates to matters in this Act (in particular the supply of blood products and services); and\n (b) is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and\n (c) is in force from time to time.\n\n> national blood arrangements means arrangements in, or referred to in, the National Blood Agreement.\n\n> NBA means the National Blood Authority established by section 7.\n\n> NBA staff means the staff described in section 36.\n\n#### 4 Main purpose of this Act\n\n The main purpose of this Act is to establish the NBA as part of the coordinated national approach to policy setting, governance and management of the Australian blood sector as agreed in the National Blood Agreement.\n\n#### 5 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 6 Application to the external Territories\n\n This Act extends to each external Territory.\n\n## Part 2—The National Blood Authority\n\n#### 7 Establishment\n\n (1) The National Blood Authority is established by this section.\n (2) The NBA consists of the General Manager and the NBA staff.\n\n> Note: The NBA does not have a legal identity separate from the Commonwealth.\n\n (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the NBA is a listed entity; and\n (b) the General Manager is the accountable authority of the NBA; and\n (c) the following persons are officials of the NBA:\n (i) the General Manager;\n (ii) the NBA staff;\n (iii) consultants engaged under section 37; and\n (d) the purposes of the NBA include the functions of the NBA referred to in section 8.\n\n#### 8 Functions\n\n (1) The NBA’s functions are as follows:\n (a) to liaise with, and gather information from, governments, suppliers and others about matters relating to blood products and services;\n (b) to carry out national blood arrangements relating to annual plans and budgets for the production and supply of blood products and services;\n (c) to carry out national blood arrangements to ensure that there is a sufficient supply of blood products and services in all the States and covered Territories;\n (d) to carry out national blood arrangements relating to the funding of:\n (i) the supply of blood products and services; and\n (ii) the NBA’s operations;\n (e) to enter and manage contracts and arrangements for the collection, production and distribution of the blood products and services necessary to ensure a sufficient supply of blood products and services in all the States and covered Territories;\n (f) to carry out national blood arrangements relating to safety measures, quality measures, contingency measures and risk mitigation measures for the supply of blood products and services;\n (g) to provide information and advice to the Minister and the Ministerial Council about matters relating to blood products and services;\n (h) to carry out national blood arrangements relating to the facilitation and funding of research, policy development and other action about matters relating to blood products and services;\n (i) to provide assistance:\n (i) in accordance with national blood arrangements, to a committee referred to in those arrangements; and\n (ii) to the Board; and\n (iii) to the advisory committees (if any) established under section 38;\n (j) such other functions (if any) as are determined by the Ministerial Council and specified in a notice under subsection (2) given by the Minister to the NBA.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).\n\n#### 9 Policy principles about the NBA’s functions\n\n (1) The Minister may, in accordance with the National Blood Agreement, give written policy principles to the NBA about the performance of its functions.\n (2) The Minister must cause a copy of the policy principles to be presented to each House of the Parliament within 15 sitting days of that House after the day on which they were given to the NBA.\n (3) The NBA must comply with the policy principles (if any) when performing its functions.\n\n#### 10 General Manager’s power to obtain information and documents\n\n Requirements to give information\n (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following:\n (a) written answers to questions specified in the notice;\n (b) such documents, or copies of documents, as are described in the notice.\n\n> Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.\n\n> Note 2: For document, see section 2B of the Acts Interpretation Act 1901.\n\n (2) A notice given under subsection (1) must specify:\n (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and\n (b) how the information must be given.\n Who may be required to give information\n (3) A notice may be given under subsection (1) to:\n (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or\n (b) a supplier of blood products and services in Australia; or\n (c) an importer of blood products and services into Australia; or\n (d) a person specified in the regulations.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Information that may be required to be given\n (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters:\n (a) demand for blood products and services;\n (b) supplying blood products and services (including their receipt by a hospital);\n (c) forecasting:\n (i) donations of human blood; or\n (ii) supplies of blood products and services;\n (d) benchmarking a person’s performance in respect of a matter relating to blood products and services;\n (e) cost of blood products and services;\n (f) safety and quality of blood products and services;\n (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.\n Offence for failing to comply with a requirement\n (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).\n\nPenalty: 30 penalty units.\n\n Self‑incrimination\n (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.\n\n> Note: A defendant bears an evidential burden in relation to the excuse in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n Compensation for giving documents\n (7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph (1)(b).\n\n#### 11 Protecting confidentiality of information\n\n (1) A person commits an offence if:\n (a) the person discloses a fact or document; and\n (b) the fact came to the person’s knowledge, or the document came into the person’s possession, because of the person’s official employment; and\n (c) the disclosure is not made in the course of the person’s official employment.\n\nPenalty: Imprisonment for 2 years.\n\n (2) In this section:\n\n> official employment means:\n\n (a) service as the General Manager or as a member of the NBA staff; or\n (b) service as a Board member; or\n (c) the performance of services for the NBA or the Board.\n\n## Part 3—The NBA Board\n\n#### 12 Establishment\n\n The NBA Board is established by this section.\n\n#### 13 Functions\n\n (1) The Board’s functions are as follows:\n (a) to participate in consultation with the Minister about the appointment of the General Manager;\n (b) to give advice to the General Manager about the performance of the NBA’s functions;\n (c) to liaise with governments, suppliers and others about matters relating to the NBA’s functions;\n (d) such other functions (if any) as are specified in a notice under subsection (2) given by the Minister to the Chair.\n (2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).\n\n#### 14 Membership\n\n The Board consists of:\n (a) a Chair; and\n (b) a person representing the interests of the Commonwealth; and\n (c) 1 or 2 persons representing the interests of the States and Territories; and\n (d) a person representing the community; and\n (e) a person with expertise in public health issues relating to human blood; and\n (f) a person with financial or commercial expertise.\n\n#### 15 Appointing members\n\n (1) Board members are to be appointed by the Minister by written instrument.\n (2) Before appointing them, the Minister must be satisfied that:\n (a) they have been selected by the Ministerial Council for appointment; and\n (b) the person selected to be the Chair is considered by the Ministerial Council to be independent from the interests of:\n (i) the suppliers of blood products and services; and\n (ii) the Commonwealth, States and Territories; and\n (c) the person selected to represent the interests of the Commonwealth was nominated by the Commonwealth; and\n (d) the person or persons selected to represent the interests of the States and Territories were nominated by a State or Territory.\n (3) A Board member is to be appointed on a part‑time basis.\n\n#### 16 Term of appointment\n\n A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 17 Acting appointments\n\n (1) The Minister may appoint a Board 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 a Board member:\n (a) during a vacancy in the office of a Board member, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a Board member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may only appoint a person to act as a Board member described in one of paragraphs 14(b) to (f) if the person is qualified to be appointed as the Board member described in the paragraph concerned.\n\n#### 18 Members’ remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, a Board member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a Board 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) A Board member is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 19 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 Board member on the terms and conditions that the Chair determines.\n\n#### 20 Resignation\n\n A Board member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 21 Termination of appointment\n\n (1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a Board member if the Board member:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n (c) engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n (3) The Minister must terminate the appointment of the Chair if the Ministerial Council considers that the Chair is not independent from the interests of the bodies specified in subparagraphs 15(2)(b)(i) and (ii).\n\n#### 22 Board procedures\n\n (1) The Minister may, by legislative instrument, determine matters relating to the operation of the Board including, but not limited to, the following:\n (a) procedures for convening Board meetings;\n (b) the constitution of a quorum for a Board meeting;\n (c) procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;\n (d) disclosure of interests;\n (e) Board records;\n (f) reporting requirements, including (but not limited to) reports to the Minister and to the public.\n (2) If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.\n\n## Part 4—The NBA General Manager, staff and advisory committees\n\n### Division 1—The General Manager\n\n#### Subdivision A—Establishment and role\n\n#### 23 General Manager\n\n There is to be a General Manager of the NBA.\n\n#### 24 Function\n\n The General Manager is responsible for managing the NBA.\n\n#### 25 Working with the Board\n\n (1) The General Manager must request the Board’s advice on strategic matters relating to the performance of the NBA’s functions.\n (2) The General Manager must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).\n (3) The General Manager must:\n (a) keep the Board informed of the NBA’s operations; and\n (b) give the Board such reports, documents and information in relation to those operations as the Chair requires.\n (4) The General Manager may attend Board meetings as an observer (including by telephone or other means).\n\n#### 26 Delegation\n\n (1) The General Manager may, in writing, delegate all or any of his or her functions or powers to a member of the NBA staff.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the General Manager.\n\n#### Subdivision B—Appointing the General Manager\n\n#### 27 Appointing the General Manager\n\n (1) The General Manager is to be appointed by the Minister by written instrument.\n (2) However, the Minister must first consult the Board about a proposed appointment.\n (3) The General Manager is to be appointed on a full‑time basis.\n\n#### 28 Term of appointment\n\n The General Manager holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 29 Acting appointments\n\n The Minister may appoint a person to act as the General Manager:\n (a) during a vacancy in the office of General Manager, whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 30 General Manager’s remuneration\n\n (1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is specified in a determination made by the Minister under subsection (3).\n (2) The General Manager is to be paid the allowances that are specified in a determination made by the Minister under subsection (3).\n (3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 31 Outside employment\n\n The General Manager must not engage in paid employment outside the duties of the General Manager’s office without the Minister’s approval.\n\n#### 32 Leave of absence\n\n (1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 34 Resignation\n\n The General Manager 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 the General Manager for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of the General Manager if the General Manager:\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n (3) If the General Manager is:\n (a) an eligible employee for the purposes of the Superannuation Act 1976; or\n (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or\n (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;\n the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.\n (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 54C of that Act.\n (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives a certificate under section 13 of that Act.\n (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:\n (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and\n (b) CSC gives an approval and certificate under section 43 of that Act.\n\n### Division 2—Staff and consultants\n\n#### 36 Staff\n\n (1) The staff of the NBA are persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the General Manager and the NBA staff together constitute a Statutory Agency; and\n (b) the General Manager is the Head of that Statutory Agency.\n\n#### 37 Consultants\n\n The General Manager may, on behalf of the Commonwealth, engage consultants to perform services for the NBA related to the NBA’s functions.\n\n### Division 3—Advisory committees\n\n#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.\n\n#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—The National Blood Account\n\n#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.\n\n#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.\n\n#### 45 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":44},{"sectionNumber":"38","sectionType":"section","heading":"Advisory committees","content":"#### 38 Advisory committees\n\n (1) The General Manager may, in writing, establish advisory committees to assist with the performance of the NBA’s functions.\n (2) An advisory committee consists of such persons as the General Manager appoints to the committee.\n (3) The General Manager may give an advisory committee written directions as to:\n (a) the way in which the committee is to carry out its task; and\n (b) procedures to be followed in relation to its meetings.","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Committee members’ remuneration","content":"#### 39 Committee members’ remuneration\n\n (1) A person appointed to an advisory committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is specified in a determination made by the Minister under subsection (4).\n (2) However, such a person is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\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 a person appointed to an advisory committee who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A person appointed to an advisory committee is to be paid the allowances that are specified in a determination made by the Minister under subsection (4).\n (4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.\n (5) This section (except subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"The National Blood Account","content":"## Part 5—The National Blood Account","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"National Blood Account","content":"#### 40 National Blood Account\n\n (1) The National Blood Account is established by this section.\n (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Credits to the Account","content":"#### 41 Credits to the Account\n\n There must be credited to the Account the following:\n (b) amounts that are required to be credited to the Account by the Commonwealth under national blood arrangements described in subparagraph 8(1)(d)(i);\n (c) amounts equal to amounts received by the Commonwealth in connection with the performance of the NBA’s functions (including amounts received by the Commonwealth under national blood arrangements described in paragraph 8(1)(d));\n (d) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;\n (e) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;\n (f) amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Purposes of the Account","content":"#### 42 Purposes of the Account\n\n (1) This section sets out the purposes of the Account.\n (2) Amounts standing to the credit of the Account may be expended:\n (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the NBA’s functions; or\n (b) in payment of any remuneration and allowances payable to any person under this Act.","sortOrder":50},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Corporate plan","content":"#### 43 Corporate plan\n\n (1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.\n (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Annual reports","content":"#### 44 Annual reports\n\n (1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Chair must, as soon as practicable after 30 June in each year, prepare and give to the Ministerial Council and the Minister a report of the Board’s operations during the year ending on that 30 June.\n (3) The Minister must cause a copy of the report mentioned in subsection (2) to be presented to each House of the Parliament within 15 sitting days of that House after the day the Minister is given the report.","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Regulations","content":"#### 45 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":54}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope remains consistent with its stated purpose: establishing the NBA and its governance framework to manage Australia's blood supply under the National Blood Agreement. There is no evidence of scope creep beyond the original intent. The broad definition of 'blood products and services' to include alternatives and complements to blood products appears to have been deliberate from the outset to future-proof the framework."},"complexity_factors":["Multiple interlocking governance bodies (NBA, Board, General Manager, advisory committees, Ministerial Council) with distinct but overlapping roles","Heavily dependent on an external intergovernmental agreement (the National Blood Agreement) not reproduced in the Act itself — key obligations and definitions flow from that agreement","Broad, multi-limbed definition of 'blood products and services' that extends to alternatives and complements to blood products","Compulsory information-gathering powers with criminal penalties require understanding of interaction with Privacy Act 1988 and Criminal Code","Remuneration provisions cross-reference multiple other Acts (Remuneration Tribunal Act 1973, three separate Superannuation Acts)","Financial framework requires understanding of the Public Governance, Performance and Accountability Act 2013 special accounts regime","Territorial coverage is nuanced, covering external territories beyond the standard Australian mainland and states"],"plain_english_summary":"The Act creates the National Blood Authority to coordinate and fund Australia’s blood supply nationally — managing contracts, budgets and safety so hospitals and patients have reliable access to blood products. It affects patients, hospitals, suppliers and importers by giving the NBA legal powers to require information, enter contracts and enforce compliance, while protecting personal medical records and limiting disclosure. This centralises oversight to prevent shortages and ensure safe, consistent blood services across jurisdictions."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"s.7(2) and s.7 Note","severity":"medium","reasoning":"Section 7(2) exhaustively defines the NBA's composition as the General Manager plus NBA staff. Section 7(3)(c)(iii) then classifies consultants as 'officials of the NBA' for finance law purposes. These consultants are expressly not part of the NBA's composition under s.7(2) and are not NBA staff (who are Public Service Act employees per s.36). This creates an internal inconsistency where persons outside the NBA's membership are simultaneously officials of it.","confidence":0.82,"description":"The NBA is defined as consisting only of the General Manager and NBA staff, yet consultants engaged under s.37 are declared 'officials of the NBA' under s.7(3)(c)(iii). Consultants are neither the General Manager nor NBA staff, so they are officials of an entity they are not members of."},{"type":"other","section":"s.15(2)(b) and s.15(2)(c)","severity":"low","reasoning":"This is a design tension rather than a strict legal contradiction, but the independence requirement for the Chair sits oddly against a Board that by design includes a Commonwealth-nominated member and a State/Territory-nominated member. The Chair must be independent from all governments yet governs alongside government representatives. Not fatal but structurally curious.","confidence":0.6,"description":"The Chair must be independent from the interests of the Commonwealth, States and Territories, yet the person representing the Commonwealth's interests (s.14(b)) must be nominated by the Commonwealth. Both are appointed through the same Ministerial Council selection process under s.15(2)(a), creating a structurally contradictory Board where independence is demanded from one member while partisan representation is mandated for another."},{"type":"impossible_compliance","section":"s.21(2)(c)","severity":"medium","reasoning":"Mandatory termination triggered by hypothetical future conflict is logically absurd — it is impossible for a Board member to guarantee that no conceivable future conflict could ever arise. The standard is unachievable and could theoretically justify termination of almost any Board member with any outside commercial interests.","confidence":0.75,"description":"The Minister MUST terminate a Board member who 'engages in paid employment that conflicts OR COULD CONFLICT with the proper performance of duties.' The 'could conflict' limb requires termination based on potential future conflict rather than actual conduct, meaning a Board member could be mandatorily dismissed for employment that has never actually caused any problem and may never do so."},{"type":"self_contradicting","section":"s.10(5) and s.10(6)","severity":"medium","reasoning":"The structure creates a practical paradox: to rely on the self-incrimination excuse, a defendant must adduce evidence (evidential burden) that the information would tend to incriminate them — which itself may require revealing something of the incriminating nature of the information. The protection is thus partially self-defeating.","confidence":0.7,"description":"A person commits an offence for failing to comply with an information requirement under s.10(1), yet s.10(6) provides an excuse if compliance might tend to incriminate the person. The self-incrimination excuse is available but the defendant bears the evidential burden to establish it. This means a person may face criminal prosecution for silence, having to partially disclose incriminating information in court merely to establish their right not to disclose incriminating information."},{"type":"other","section":"s.41","severity":"medium","reasoning":"The absence of paragraph (a) in s.41 is facially apparent from the text. This suggests either a drafting error or that paragraph (a) was removed by amendment without renumbering, leaving the provision's completeness uncertain. It is unclear what category of credits, if any, was originally covered by paragraph (a), potentially leaving a gap in funding mechanisms.","confidence":0.95,"description":"Section 41 lists credits to the National Blood Account beginning at paragraph (b), with no paragraph (a). The list jumps directly from the opening text to paragraph (b), indicating a missing or deleted provision, leaving a structural gap in the credits regime."},{"type":"other","section":"s.32 and s.34 (missing s.33)","severity":"low","reasoning":"The sequential gap between ss.32 and 34 with no s.33 visible in the text indicates either a repealed provision or drafting omission. While this may have a legitimate explanation (repeal), its absence without explanation creates uncertainty about the completeness of the General Manager's employment framework.","confidence":0.88,"description":"Part 4, Division 1 jumps from section 32 (Leave of absence) directly to section 34 (Resignation), with section 33 entirely absent from the text. This creates a structural gap suggesting a provision has been omitted or repealed without renumbering."},{"type":"circular_definition","section":"s.3 (definition of 'National Blood Agreement') and s.4","severity":"low","reasoning":"The definition of National Blood Agreement in s.3(a) refers to an agreement that 'relates to matters in this Act,' while s.4 says the Act's purpose is to implement what was agreed in the National Blood Agreement. The Act's purpose thus depends on an agreement defined partly by the Act's own content. While not wholly circular (the Agreement exists independently), the mutual definitional dependency creates interpretive awkwardness.","confidence":0.65,"description":"The NBA's main purpose under s.4 is to implement the coordinated national approach 'as agreed in the National Blood Agreement.' The National Blood Agreement itself is defined in s.3 partly by reference to matters 'in this Act.' This creates a partial circular dependency: the Act's purpose depends on an agreement that is defined by reference to the Act itself."},{"type":"other","section":"s.25(1) and s.13(b)","severity":"low","reasoning":"While 'have regard to' obligations are common and not inherently absurd, the combination of mandatory consultation (s.25(1)), mandatory consideration (s.25(2)), and no obligation to follow advice creates a governance structure where the Board's primary function (s.13(b)) is to give advice that need not be acted upon. This is a weak absurdity — common in Australian legislation — but notable in a governance context.","confidence":0.55,"description":"The General Manager must request the Board's advice on strategic matters (s.25(1)), and the Board's function includes giving advice to the General Manager (s.13(b)). However, the General Manager is only required to 'have regard to' the Board's advice (s.25(2)) and is under no obligation to follow it. The Board thus has an advisory function with no actual influence over the entity it advises, making the consultation requirement potentially ceremonial."},{"type":"impossible_compliance","section":"s.27(2) and s.13(a)","severity":"high","reasoning":"At the inception of the NBA, there is a sequencing impossibility: the General Manager is required to manage the NBA (s.24) and is part of the NBA's composition (s.7(2)), yet the Minister cannot appoint the General Manager without first consulting the Board (s.27(2)), and the Board may not yet exist when the first appointment is made. The Act provides no mechanism for the initial appointment when no Board exists to consult. This is a genuine bootstrapping impossibility for the inaugural appointment.","confidence":0.78,"description":"The Board's function under s.13(a) is to 'participate in consultation with the Minister about the appointment of the General Manager.' Under s.27(2), the Minister must 'consult the Board' before appointing the General Manager. However, the Board itself is appointed by the Minister (s.15(1)) after selection by the Ministerial Council (s.15(2)(a)). If no Board exists when the first General Manager is appointed, the mandatory consultation in s.27(2) cannot be fulfilled."}],"contradictions":[{"severity":"medium","section_a":"s.7(2)","section_b":"s.7(3)(c)(iii)","confidence":0.82,"description":"Section 7(2) defines the NBA as consisting of the General Manager and NBA staff only. Section 7(3)(c)(iii) designates consultants engaged under s.37 as 'officials of the NBA.' Consultants are not part of the NBA's defined composition, yet are simultaneously NBA officials."},{"severity":"low","section_a":"s.15(2)(b)","section_b":"s.21(3)","confidence":0.6,"description":"Section 15(2)(b) requires the Ministerial Council to consider the Chair independent from the interests of the Commonwealth, States and Territories before appointment. Section 21(3) requires the Minister to terminate the Chair if the Ministerial Council 'considers' the Chair is not independent — but provides no process or criteria for when the Ministerial Council may reconsider independence after appointment, and no obligation on the Ministerial Council to act consistently with its original assessment."},{"severity":"low","section_a":"s.9(3)","section_b":"s.25(2)","confidence":0.55,"description":"The NBA must comply with policy principles given by the Minister (s.9(3)), but the General Manager (who manages the NBA under s.24) is only required to 'have regard to' Board advice (s.25(2)), which may itself address how the NBA performs its functions. The Minister's policy principles are binding; the Board's advice is not. Where Board advice conflicts with Ministerial policy principles, the General Manager must follow the Minister — but the Board's function of advising on NBA functions (s.13(b)) is rendered subordinate without the Act explicitly acknowledging this hierarchy."},{"severity":"medium","section_a":"s.10(5)","section_b":"s.10(6)","confidence":0.72,"description":"Section 10(5) creates a strict liability offence for failing to comply with an information requirement. Section 10(6) provides a self-incrimination excuse. However, the note to s.10(6) places the evidential burden on the defendant, meaning a person must adduce evidence to establish their right to silence — partially undermining the protection the excuse is meant to provide and creating tension with the privilege against self-incrimination."},{"severity":"low","section_a":"s.3 (definition of 'covered Territories')","section_b":"s.3 (definition of 'Australia')","confidence":0.65,"description":"The definition of 'Australia' in s.3 (geographical sense) includes Norfolk Island, Territory of Cocos (Keeling) Islands and Territory of Christmas Island. The definition of 'covered Territories' separately lists Norfolk Island, Territory of Christmas Island and Territory of Cocos (Keeling) Islands as covered Territories. This means these territories are simultaneously part of 'Australia' (geographically) and listed as separate 'covered Territories,' creating definitional redundancy and potential ambiguity when provisions refer to 'Australia and covered Territories' or 'States and covered Territories.'"},{"severity":"medium","section_a":"s.8(1)(c) and s.8(1)(e)","section_b":"s.3 (definition of 'National Blood Agreement')","confidence":0.75,"description":"Sections 8(1)(c) and (e) require the NBA to ensure sufficient supply of blood products and services in 'all the States and covered Territories.' The National Blood Agreement is defined in s.3 as being between the Commonwealth, States, Northern Territory and Australian Capital Territory only — not all covered Territories (which include Christmas Island, Cocos (Keeling) Islands, Norfolk Island, Australian Antarctic Territory and Jervis Bay Territory). The NBA's statutory supply obligation extends beyond the parties to the agreement that governs how that obligation is to be performed."},{"severity":"medium","section_a":"s.43(1)","section_b":"s.35 of the Public Governance, Performance and Accountability Act 2013 (as referenced)","confidence":0.7,"description":"Section 43(1) provides that the Minister 'may' approve a corporate plan if it has been endorsed by the Ministerial Council. This makes Ministerial Council endorsement a precondition to Ministerial approval. However, the underlying PGPA Act obligation requires the accountable authority (General Manager) to prepare and give a corporate plan to the Minister — creating a potential deadlock where the General Manager fulfils the PGPA obligation but the Minister cannot approve without Ministerial Council endorsement, and there is no mechanism for what occurs if endorsement is withheld."}]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This version is the core establishing statute for the NBA and stays within its original purpose: creating a Commonwealth authority to implement coordinated national blood arrangements, with powers for contracting, information‑gathering, governance and funding. It does not, on its face, add functions beyond that original framework; flexibility to modify operational detail is provided through Ministerial/Ministerial Council instruments and the National Blood Agreement (ss.8(1)(j), 9), but those are mechanisms for implementing the original policy rather than a statutory expansion of scope."},"complexity_factors":["Approximately 10–12 defined terms that shape scope (e.g. 'blood products and services', 'blood‑related information', 'National Blood Agreement', 'Ministerial Council', 'covered Territories') (s.3).","Cross‑references to multiple external Acts (Public Governance, Performance and Accountability Act 2013; Public Service Act 1999; Health Insurance Act 1973; Privacy Act 1988; Criminal Code; Remuneration Tribunal Act 1973; superannuation Acts) increasing operational complexity (ss.7(3), 36, 10 notes, 11 note, ss.18, 30, 35).","Statutory information‑gathering power with procedural constraints (14‑day minimum), a specified offence and an express self‑incrimination excuse (s.10(1)–(7)).","Delegation and discretion mechanisms: Ministerial instruments, notices under the Act to add functions, Board procedural instruments, and regulations (ss.8(1)(j), 9, 13(2), 22, 45).","Governance rules with conditional appointment and termination criteria (ss.15, 16, 21, 35) that add multiple conditional pathways.","Financial mechanics via a special account with specified credit and expenditure rules (ss.40–42).","High‑penalty confidentiality offence (2 years imprisonment) for officials (s.11) which raises compliance and operational governance burdens."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes the National Blood Authority (NBA) as a Commonwealth body made up of a General Manager and staff (s.7).\n- Sets out the NBA’s core functions: information-gathering and liaison; national planning for supply, safety and contingency arrangements; funding arrangements; and contracting for collection, production and distribution of blood products and related services (s.8).\n- Creates a governing Board with specified membership categories, appointment, term and termination rules (ss.12–22).\n- Prescribes the role, appointment, powers, leave, remuneration and termination rules for the NBA General Manager and enables the GM to delegate to staff (ss.23–35, 26).\n- Gives the General Manager statutory powers to require non‑personal, blood‑related information and documents from selected persons (suppliers, importers, responsible persons at private hospitals and others as prescribed) with a minimum 14‑day response time; non‑compliance attracts a penalty (s.10).\n- Makes disclosure of facts or documents obtained in official employment an offence with a custodial penalty (s.11).\n- Establishes the National Blood Account as a special Commonwealth account to receive and spend money for NBA purposes (ss.40–42).\n- Provides for Ministerial policy guidance, Ministerial and Ministerial Council notices to alter or add functions, and rule‑making by legislative instrument or regulation in a number of areas (ss.8(1)(j), 9, 22, 45).\n\nWho it affects\n\n- Commonwealth: accountable for funding and administering the NBA (s.7, Part 5).\n- State and Territory governments: parties to the National Blood Agreement and participants on the Ministerial Council that shape the NBA’s role (definition of National Blood Agreement; ss.8, 9).\n- Suppliers and importers of blood products and services, and certain private hospital officers: can be required to provide blood‑related information (s.10(3)).\n- NBA staff, Board members and consultants: subject to confidentiality rules and governance arrangements (s.11, s.7(3)(c), ss.12–22).\n- Hospitals and end users indirectly: procurement and distribution are centrally managed by the NBA under national arrangements (s.8(e)).\n\nWhy it matters (purpose statements and practical consequences)\n\n- The Act expressly aims to create a coordinated national structure for policy, governance and management of Australia’s blood sector (s.4). The legislative tools to achieve this are contracting authority, central planning, statutory information powers, and a dedicated fund (ss.8, 10, 40–42).\n\nPractical implications and policy trade‑offs (stated purpose then tested)\n\n- Centralised procurement and planning (s.8(e), (b), (c)).\n - Who decides: the NBA (through the General Manager and Board) implements national blood arrangements; the Minister and Ministerial Council can set policy principles and add functions (ss.9, 8(1)(j)).\n - Behaviour change: suppliers will deal with a single contracting authority for nationally funded supply rather than multiple purchasers (s.8(e)).\n - Market effects to note: central purchasing concentrates negotiating power (mechanism: NBA contracts) which can lower prices for purchasers but may change the commercial dynamics for suppliers and affect entry/exit decisions; the Act does not itself set price or competition rules (s.8).\n\n- Information and compliance obligations (s.10).\n - Mechanic: the GM may issue written notices requiring answers or documents (s.10(1)); at least 14 days’ notice is required (s.10(2)).\n - Who pays/compensates: the NBA must pay reasonable compensation for producing documents (s.10(7)).\n - Compliance burden and enforcement: failure to comply is an offence with a penalty of 30 penalty units (s.10(5)), but a person is excused where compliance would tend to incriminate them (s.10(6)).\n - Trade‑offs: the power reduces information frictions for planning and risk management but imposes reporting and document‑production costs on suppliers and hospitals. The compensation provision limits direct cost transfer but administrative and opportunity costs remain (s.10(7)).\n\n- Confidentiality and staff obligations (s.11).\n - Mechanic: unauthorised disclosure of facts or documents learned in official employment is a criminal offence (s.11(1)–(2)).\n - Effect: creates strong internal controls and legal risk for staff, Board members and contractors handling commercially sensitive or clinical information (s.11(2)).\n\n- Funding and budgetary allocation (Part 5 ss.40–42).\n - Mechanic: establishes a special account to receive Commonwealth contributions, receipts related to NBA functions, interest and gifts; funds may be spent on NBA costs and remuneration (ss.41–42).\n - Who pays: the Commonwealth (including sums required under national blood arrangements) pays into the Account (s.41(b)); the Account finances NBA activity.\n - Opportunity cost: funds credited to the Account are available for NBA purposes rather than competing federal uses; the Act does not fix the amounts — appropriations and national arrangements do.\n\n- Governance and Ministerial control (ss.9, 15, 21, 22).\n - Minister and Ministerial Council powers: the Minister can issue policy principles to which the NBA must comply (s.9). The Minister may also, by legislative instrument, add functions to the Board and NBA via notices (ss.13(2), 8(1)(j)). The Minister appoints members and can terminate appointments for cause (ss.15, 21, 35).\n - Discretion and accountability: appointments, remuneration (subject to Remuneration Tribunal rules), and operational rules may be set by Ministerial instruments or the Remuneration Tribunal (ss.18, 30, 22). Corporate plans must be endorsed by the Ministerial Council before Minister approval (s.43) and reporting obligations are specified (s.44).\n - Trade‑offs: the framework balances central political control and intergovernmental input (Ministerial Council selection requirement at appointment — s.15(2)(a)), but it also creates multiple levers (policy principles, notices, instruments) by which the NBA’s role can be adjusted without primary‑law amendment.\n\nRisks, compliance costs and implementation issues (mechanisms, not judgments)\n\n- Administrative burden on suppliers and hospitals to respond to information notices (s.10(1)–(4), (7)); compensation partially mitigates documentary costs (s.10(7)).\n- Legal risk and need for robust confidentiality systems inside the NBA because staff and Board members face criminal penalties for improper disclosure (s.11(1)).\n- Potential concentration of purchasing power and standardisation of contracts under NBA contracting powers, with consequent commercial effects on suppliers (s.8(e)).\n- Implementation discretion: the Minister, Ministerial Council and legislative instruments can change operational details and add functions without amending the Act (ss.8(1)(j), 9, 22). This speeds adaptability but increases dependence on subordinate instruments.\n\nConcise summary: who pays, who decides, what changes\n\n- Who pays: primarily the Commonwealth via the National Blood Account and amounts required under the National Blood Agreement (ss.41–42).\n- Who decides: the NBA (General Manager + staff) operationally, guided by its Board; the Minister and the Ministerial Council set policy principles and may add functions by notice or instrument (ss.7–9, 12–15, 8(1)(j)).\n- What behaviour changes: suppliers and importers must supply data on demand and will transact with a central purchasing/contracting authority; NBA staff and Board must maintain strict confidentiality; funds for blood supplies are routed through a dedicated account (ss.8, 10, 11, 40–42).\n\nKey statutory citations: establishment and functions (ss.7–8), information powers and penalties (s.10), confidentiality (s.11), Board composition and appointment (ss.12–16), General Manager and staff (ss.23–36), National Blood Account (ss.40–42), Ministerial policy and instruments (ss.8(1)(j), 9, 22).\n"},"kimi_summary":{"_metrics":{"completionTokens":493},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing the NBA and managing Australia's blood supply. The structure and functions align with the stated purpose in section 4."},"complexity_factors":["Multiple defined terms (12 in section 3) with nested definitions, particularly 'blood products and services' which has three tiers of sub-definitions","Cross-references to external agreements (National Blood Agreement) and other Commonwealth legislation including Public Governance, Performance and Accountability Act 2013","Conditional remuneration rules for Board members with multiple exceptions (section 18)","Superannuation provisions for General Manager covering three different Acts with specific certificate requirements (section 35)","Overlapping governance structures: Minister, Ministerial Council, Board, General Manager, and advisory committees with interlocking appointment and reporting requirements"],"plain_english_summary":"This Act creates the **National Blood Authority (NBA)** — a government body that manages Australia's blood supply.\n\n**What it does:**\n- Establishes the NBA as part of a national agreement between the Commonwealth, States and Territories to coordinate blood policy and management\n- Gives the NBA responsibility for ensuring sufficient supply of blood products and services across Australia\n- Creates a **National Blood Account** — a special fund to manage money for blood supply operations\n\n**Key bodies created:**\n- **NBA** — consists of a General Manager and staff; manages contracts, funding, safety measures, and research related to blood products\n- **NBA Board** — advises the General Manager and includes representatives from Commonwealth, States/Territories, community, and experts in public health and finance\n- **Advisory committees** — can be established by the General Manager for specific tasks\n\n**Powers and protections:**\n- The General Manager can require hospitals, suppliers and importers to provide information about blood supply (with penalties for non-compliance)\n- Strict confidentiality rules protect sensitive information (breach carries up to 2 years imprisonment)\n- The Act covers all States and specified Territories including Norfolk Island, Christmas Island and Cocos (Keeling) Islands\n\n**Who it affects:**\n- Hospitals and healthcare providers that use blood products\n- Blood suppliers and importers\n- State and Territory governments who are parties to the National Blood Agreement\n- The general public — through ensuring safe, sufficient blood supply"}},"importantCases":[],"_links":{"self":"/api/acts/national-blood-authority-act-2003","history":"/api/acts/national-blood-authority-act-2003/history","analysis":"/api/acts/national-blood-authority-act-2003/analysis","conflicts":"/api/acts/national-blood-authority-act-2003/conflicts","importantCases":"/api/acts/national-blood-authority-act-2003/important-cases","documents":"/api/acts/national-blood-authority-act-2003/documents"}}