Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025

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No. 62, 2025

An Act to deal with consequential amendments and transitional matters arising from the enactment of the Australian Centre for Disease Control Act 2025, and to make other amendments of related legislation

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendment of the Biosecurity Act 2015

Biosecurity Act 2015

Part 2—Amendment of the National Health Security Act 2007

National Health Security Act 2007

Part 3—Amendment of the National Occupational Respiratory Disease Registry Act 2023

National Occupational Respiratory Disease Registry Act 2023

Part 4—Amendment of the Freedom of Information Act 1982

Freedom of Information Act 1982

Part 5—Repeal of the Australian National Preventive Health Agency Act 2010

Australian National Preventive Health Agency Act 2010

Schedule 2—Application, saving and transitional provisions

Part 1—General provisions

Part 2—Provisions relating to the amendment of the Biosecurity Act 2015

Part 3—Provisions relating to the amendment of the National Health Security Act 2007

Part 4—Provisions relating to the amendment of the National Occupational Respiratory Disease Registry Act 2023

Commonwealth Coat of Arms of Australia

Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025

No. 62, 2025

[Assented to 10 November 2025]

The Parliament of Australia enacts:

1 Short title

This Act is the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 10 November 2025
1. Schedules 1 and 2 At the same time as the Australian Centre for Disease Control Act 2025 commences.However, the provisions do not commence at all if that Act does not commence. 1 January 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendment of the Biosecurity Act 2015

Biosecurity Act 2015

1 Subsection 9(1)

Insert:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

2 Section 33

Omit “Director of Human Biosecurity”, substitute “Director‑General of the CDC”.

3 Subsection 42(1)

Omit “Director of Human Biosecurity may, in writing, determine that a human disease is a listed human disease if the Director”, substitute “Director‑General of the CDC may, in writing, determine that a human disease is a listed human disease if the Director‑General”.

4 Subsection 42(2)

Omit “Director of Human Biosecurity”, substitute “Director‑General of the CDC”.

5 At the end of subsection 42(2)

Add:

; and (c) the Director of Human Biosecurity.

6 At the end of section 114

Add:

; and (c) the Director‑General of the CDC.

7 Subsection 169(5)

Omit “Director of Human Biosecurity”, substitute “Director‑General of the CDC”.

8 Subsection 544(1)

Omit “Commonwealth Chief Medical Officer”, substitute “Health Secretary”.

9 Section 544A

Repeal the section, substitute:

544A Delegation of Director’s functions or powers

(1) The Director of Human Biosecurity may, in writing, delegate any or all of the Director’s functions or powers under this Act to an SES employee, or an acting SES employee, in the Health Department.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.

(2) The functions or powers that may be delegated under subsection (1) include functions or powers the Director of Human Biosecurity has as an authorised applicant or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act.

(3) However, the Director of Human Biosecurity must not delegate the Director’s functions or powers under any of the following provisions:

(a) section 113 (human health response zones);

(b) section 570 (issuing identity cards);

(4) Also, the Director of Human Biosecurity may delegate a function or power under Part 3 of Chapter 2 (human biosecurity control orders) only to an SES employee, or an acting SES employee, in the Health Department who is a human biosecurity officer.

(5) A human biosecurity officer cannot, under a delegation to which subsection (4) applies, perform a function or exercise a power under section 72 in relation to a human biosecurity control order if the human biosecurity officer:

(a) imposed the order under paragraph 60(1)(b); or

(b) made the request under subsection 71(3) in relation to the order.

(6) In performing any functions or exercising any powers under a delegation made under subsection (1), the delegate must comply with any directions of the Director of Human Biosecurity.

10 After subparagraph 563(1)(a)(i)

Insert:

(ia) an officer or employee of the Australian Centre for Disease Control; or

11 Subsection 570(1)

Omit “Health Secretary”, substitute “Director of Human Biosecurity”.

12 Paragraph 570(1)(a)

Repeal the paragraph.

13 Paragraph 570(2)(a)

Omit “Health Secretary”, substitute “Director of Human Biosecurity”.

14 After paragraph 644(6)(da)

Insert:

(db) the Director‑General of the CDC;

15 After paragraph 644(6)(i)

Insert:

(ia) an officer or employee of the Australian Centre for Disease Control;

Part 2—Amendment of the National Health Security Act 2007

National Health Security Act 2007

16 Subsection 3(1)

Insert:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

17 Subsection 3(1) (definition of Secretary)

Repeal the definition.

18 Paragraph 11(5)(a)

Omit “Commonwealth Chief Medical Officer”, substitute “Director‑General of the CDC”.

19 Subsection 12(1)

Omit “Commonwealth Chief Medical Officer” (first occurring), substitute “Director‑General of the CDC”.

20 Subsection 12(1)

Omit “Commonwealth Chief Medical Officer” (second occurring), substitute “Director‑General”.

21 Paragraph 12(3)(a)

Omit “Commonwealth Chief Medical Officer”, substitute “Director‑General of the CDC”.

22 Paragraph 12(6)(a)

Omit “Commonwealth Chief Medical Officer”, substitute “Director‑General of the CDC”.

23 After section 24

Insert:

24A Defence for use of information authorised under the Australian Centre for Disease Control Act 2025

Section 21 does not apply if:

(a) a person obtains protected information; and

(b) the person makes a record of, or discloses or otherwise uses, the information; and

Note: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.

24 Subsection 28(1)

Omit all the words after “Part”, substitute:

to any of the following:

(a) an SES employee, or an acting SES employee, in the Department;

(b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.

25 Subsection 29(2)

Omit “of the Department”, substitute “prepared by the Director‑General of the CDC and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013”.

26 Section 34 (heading)

Omit “Department’s”, substitute “Australian Centre for Disease Control’s”.

27 Section 34

Omit “Department’s”, substitute “Australian Centre for Disease Control’s”.

28 After paragraph 92(a)

Insert:

(aa) the Australian Centre for Disease Control Act 2025; or

29 Subsection 94(1)

Omit all the words after “Part”, substitute:

to any of the following:

(a) an SES employee, or an acting SES employee, in the Department;

(b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.

30 Amendments of listed provisions—substituting references to Secretary with references to Director‑General of the CDC

Substituting references to Secretary with references to Director‑General of the CDC
Item Provision Omit Substitute
1 Paragraph 9(a) Secretary Director‑General of the CDC
2 Paragraph 9(b) Secretary Director‑General
3 Subsection 29(1) Secretary Director‑General of the CDC
4 Section 34 Secretary Director‑General of the CDC
5 Subsection 36(2) Secretary Director‑General of the CDC
6 Section 37 Secretary (first occurring) Director‑General of the CDC
7 Section 37 Secretary (second occurring) Director‑General
8 Subsection 38(1) Secretary (first occurring) Director‑General of the CDC
9 Paragraph 38(1)(a) Secretary Director‑General
10 Subsection 38(2) Secretary Director‑General of the CDC
11 Subsection 38B(1) Secretary Director‑General of the CDC
12 Subsection 38F(1) Secretary (first occurring) Director‑General of the CDC
13 Paragraph 38F(1)(c) Secretary Director‑General
14 Subsection 38F(2) Secretary (first occurring) Director‑General of the CDC
15 Subsection 38F(2) Secretary (second occurring) Director‑General
16 Paragraph 38G(1)(a) Secretary Director‑General of the CDC
17 Paragraph 38G(1)(b) Secretary Director‑General
18 Section 38H (heading) Secretary Director‑General of the CDC
19 Subsection 38H(1) Secretary (first occurring) Director‑General of the CDC
20 Paragraph 38H(1)(b) Secretary Director‑General
21 Subsection 38H(2) Secretary (first occurring) Director‑General of the CDC
22 Subsection 38H(2) Secretary (second occurring) Director‑General
23 Subsection 38H(3) (note 1) Secretary Director‑General of the CDC
24 Section 38J (heading) Secretary Director‑General of the CDC
25 Paragraph 38J(1)(a) Secretary Director‑General of the CDC
26 Paragraph 38J(1)(b) Secretary Director‑General
27 Paragraph 38K(1)(b) Secretary Director‑General of the CDC
28 Subsection 38K(2) Secretary (first occurring) Director‑General of the CDC
29 Paragraph 38K(2)(b) Secretary Director‑General
30 Subsection 38K(3) Secretary (first occurring) Director‑General of the CDC
31 Subsection 38K(3) Secretary (second occurring) Director‑General
32 Subsection 38K(4) Secretary Director‑General of the CDC
33 Paragraph 38L(1)(a) Secretary Director‑General of the CDC
34 Paragraph 38L(1)(b) Secretary Director‑General
35 Subsection 38M(1) Secretary (first occurring) Director‑General of the CDC
36 Paragraph 38M(1)(a) Secretary Director‑General
37 Subsection 38M(2) Secretary (first occurring) Director‑General of the CDC
38 Subsection 38M(2) Secretary (second occurring) Director‑General
39 Paragraph 38N(1)(a) Secretary Director‑General of the CDC
40 Paragraph 38N(1)(b) Secretary Director‑General
41 Subsection 38P(2) Secretary (first occurring) Director‑General of the CDC
42 Subsection 38P(2) Secretary (second occurring) Director‑General
43 Subsection 39(1) (note) Secretary Director‑General of the CDC
44 Paragraph 41(1)(d) Secretary Director‑General of the CDC
45 Subsection 41(2) Secretary (first occurring) Director‑General of the CDC
46 Subsection 41(2) Secretary (second occurring) Director‑General
47 Subsection 41(3) Secretary (first occurring) Director‑General of the CDC
48 Subsection 41(3) Secretary (second and third occurring) Director‑General
49 Section 42 (heading) Secretary Director‑General of the CDC
50 Subsection 42(1) Secretary (first occurring) Director‑General of the CDC
51 Paragraph 42(1)(b) Secretary (second occurring) Director‑General
52 Paragraph 42(3)(a) Secretary Director‑General of the CDC
53 Section 43 (heading) Secretary Director‑General of the CDC
54 Paragraph 43(1)(a) Secretary Director‑General of the CDC
55 Paragraph 43(1)(b) Secretary Director‑General
56 Section 44 (heading) Secretary Director‑General of the CDC
57 Subsection 44(1) Secretary (first occurring) Director‑General of the CDC
58 Subsection 44(1) Secretary (second occurring) Director‑General
59 Subsection 44(2) Secretary (first occurring) Director‑General of the CDC
60 Paragraph 44(2)(a) Secretary (wherever occurring) Director‑General
61 Subsection 44(3) Secretary Director‑General of the CDC
62 Subsection 44(4) Secretary (first occurring) Director‑General of the CDC
63 Paragraph 44(4)(c) Secretary Director‑General
64 Subsection 44(5) Secretary Director‑General of the CDC
65 Subsection 44(5) Secretary’s Director‑General’s
66 Section 45 (heading) Secretary Director‑General of the CDC
67 Subsection 45(1) Secretary (first occurring) Director‑General of the CDC
68 Paragraph 45(1)(a) Secretary Director‑General
69 Subsection 45(2) Secretary (first occurring) Director‑General of the CDC
70 Subsection 45(2) Secretary (second and third occurring) Director‑General
71 Subsection 45(2) (note 1) Secretary (first occurring) Director‑General of the CDC
72 Subsection 45(2) (note 1) Secretary (second occurring) Director‑General
73 Subsection 45(2) (note 2) Secretary Director‑General of the CDC
74 Section 47 (heading) Secretary Director‑General of the CDC
75 Subsection 47(1) Secretary (first occurring) Director‑General of the CDC
76 Paragraph 47(1)(b) Secretary Director‑General
77 Subsection 47(2) Secretary Director‑General of the CDC
78 Subsection 47(3) (note) Secretary Director‑General of the CDC
79 Subsections 47(4), (5), (6) and (7) Secretary Director‑General of the CDC
80 Subsection 47(9) Secretary (first occurring) Director‑General of the CDC
81 Subsection 47(9) Secretary (second occurring) Director‑General
82 Section 48 (heading) Secretary Director‑General of the CDC
83 Paragraph 48(1)(b) Secretary Director‑General of the CDC
84 Subsection 48(3) Secretary Director‑General of the CDC
85 Paragraph 48(5)(a) Secretary Director‑General of the CDC
86 Paragraph 48A(2)(a) Secretary Director‑General of the CDC
87 Section 49 (heading) Secretary Director‑General of the CDC
88 Subsection 49(1) Secretary (first occurring) Director‑General of the CDC
89 Subsection 49(1) Secretary (second occurring) Director‑General
90 Subsection 49(2) Secretary (first occurring) Director‑General of the CDC
91 Paragraph 49(2)(a) Secretary (wherever occurring) Director‑General
92 Subsection 49(3) Secretary Director‑General of the CDC
93 Subsection 49(4) Secretary (first occurring) Director‑General of the CDC
94 Paragraph 49(4)(b) Secretary Director‑General
95 Subsection 49(5) Secretary Director‑General of the CDC
96 Subsection 49(5) Secretary’s Director‑General’s
97 Section 50 (heading) Secretary Director‑General of the CDC
98 Subsection 50(1) Secretary (first occurring) Director‑General of the CDC
99 Paragraph 50(1)(a) Secretary Director‑General
100 Subsection 50(2) Secretary (first occurring) Director‑General of the CDC
101 Subsection 50(2) Secretary (second and third occurring) Director‑General
102 Subsection 50(2) (note 2) Secretary Director‑General of the CDC
103 Section 52 (heading) Secretary Director‑General of the CDC
104 Subsection 52(1) Secretary (first occurring) Director‑General of the CDC
105 Paragraph 52(1)(c) Secretary Director‑General
106 Subsections 52(2), (3), (4), (5), (6) and (7) Secretary Director‑General of the CDC
107 Subsection 52(9) Secretary (first occurring) Director‑General of the CDC
108 Subsection 52(9) Secretary (second occurring) Director‑General
109 Section 53 (heading) Secretary Director‑General of the CDC
110 Subsection 53(1) Secretary Director‑General of the CDC
111 Subsection 53(2) Secretary (first occurring) Director‑General of the CDC
112 Subsection 53(2) Secretary (second, third and fourth occurring) Director‑General
113 Subsection 53(2) (note 2) Secretary Director‑General of the CDC
114 Subsection 53(3) Secretary (first occurring) Director‑General of the CDC
115 Subsection 53(3) Secretary (second, third, fourth and fifth occurring) Director‑General
116 Section 55AA (heading) Secretary Director‑General of the CDC
117 Subsection 55AA(2) Secretary Director‑General of the CDC
118 Paragraph 55AA(3)(a) Secretary Director‑General of the CDC
119 Paragraph 55AA(3)(c) Secretary (wherever occurring) Director‑General
120 Section 55AB Secretary (first occurring) Director‑General of the CDC
121 Paragraph 55AB(b) Secretary Director‑General
122 Section 55AC (heading) Secretary Director‑General of the CDC
123 Subsection 55AC(1) Secretary (first occurring) Director‑General of the CDC
124 Subsection 55AC(1) Secretary (second occurring) Director‑General
125 Subsection 55AC(3) Secretary (first occurring) Director‑General of the CDC
126 Subsection 55AC(3) Secretary (second and third occurring) Director‑General
127 Section 55A Secretary (wherever occurring) Director‑General of the CDC
128 Subsection 57(1) Secretary Director‑General of the CDC
129 Subsection 57(2) (heading) Secretary Director‑General of the CDC
130 Subsection 57(2) Secretary (first occurring) Director‑General of the CDC
131 Subsection 57(2) Secretary (second, third and fourth occurring) Director‑General
132 Subsection 57(2B) Secretary Director‑General of the CDC
133 Subsection 57(4) (heading) Secretary Director‑General of the CDC
134 Subsection 57(4) Secretary (first occurring) Director‑General of the CDC
135 Subsection 57(4) Secretary (second, third and fourth occurring) Director‑General
136 Subsection 57(4) (note 1) Secretary Director‑General of the CDC
137 Subsection 57(4A) Secretary (first occurring) Director‑General of the CDC
138 Subsection 57(4A) Secretary (second and third occurring) Director‑General
139 Section 59 (heading) Secretary Director‑General of the CDC
140 Subsection 59(1) Secretary Director‑General of the CDC
141 Subsection 59(2) Secretary (first occurring) Director‑General of the CDC
142 Subsection 59(2) Secretary (second and third occurring) Director‑General
143 Subsection 59(2) (note 1) Secretary Director‑General of the CDC
144 Section 60AA (heading) Secretary Director‑General of the CDC
145 Subsection 60AA(1) Secretary Director‑General of the CDC
146 Paragraph 60AA(2)(a) Secretary Director‑General of the CDC
147 Paragraph 60AA(2)(d) Secretary (wherever occurring) Director‑General
148 Subsection 60AA(3) Secretary Director‑General of the CDC
149 Section 60AB Secretary (first occurring) Director‑General of the CDC
150 Paragraph 60AB(b) Secretary Director‑General
151 Subsection 60AC(1) Secretary Director‑General of the CDC
152 Subsections 60AD(1) and (2) Secretary Director‑General of the CDC
153 Paragraph 60AD(3)(a) Secretary Director‑General of the CDC
154 Paragraph 60AD(3)(d) Secretary (wherever occurring) Director‑General
155 Section 60AE (heading) Secretary Director‑General of the CDC
156 Paragraph 60AE(1)(a) Secretary Director‑General of the CDC
157 Paragraph 60AE(1)(b) Secretary Director‑General
158 Section 60AF (heading) Secretary Director‑General of the CDC
159 Paragraph 60AF(1)(a) Secretary Director‑General of the CDC
160 Subsection 60AF(2) Secretary Director‑General of the CDC
161 Paragraph 60AF(5)(a) Secretary Director‑General of the CDC
162 Section 60AG (heading) Secretary Director‑General of the CDC
163 Paragraph 60AG(1)(a) Secretary Director‑General of the CDC
164 Paragraph 60AG(1)(b) Secretary Director‑General
165 Paragraph 60AH(2)(a) Secretary Director‑General of the CDC
166 Section 60AK Secretary Director‑General of the CDC
167 Section 60AM (heading) Secretary Director‑General of the CDC
168 Subsections 60AM(1) and (2) Secretary Director‑General of the CDC
169 Subsection 60AM(3) Secretary (first occurring) Director‑General of the CDC
170 Subsection 60AM(3) Secretary (second and third occurring) Director‑General
171 Paragraph 60AO(1)(b) Secretary Director‑General of the CDC
172 Subsection 60AO(2) Secretary (first occurring) Director‑General of the CDC
173 Subsection 60AO(2) Secretary (second, third and fourth occurring) Director‑General
174 Subsection 60AO(3) Secretary (first occurring) Director‑General of the CDC
175 Subsection 60AO(3) Secretary (second, third and fourth occurring) Director‑General
176 Paragraph 60A(2)(b) Secretary Director‑General of the CDC
177 Section 61 (heading) Secretary Director‑General of the CDC
178 Subsection 61(3) Secretary Director‑General of the CDC
179 Subsection 61(4) Secretary (first occurring) Director‑General of the CDC
180 Subsection 61(4) Secretary (second occurring) Director‑General
181 Subsections 62(1) and (2) Secretary Director‑General of the CDC
182 Section 63 Secretary (wherever occurring) Director‑General of the CDC
183 Subsections 64(1) and (3) Secretary Director‑General of the CDC
184 Paragraph 65(1)(d) Secretary Director‑General of the CDC
185 Paragraph 69(2)(b) Secretary Director‑General of the CDC
186 Subsection 70J(1) Secretary Director‑General of the CDC
187 Subsection 70J(2) Secretary (first occurring) Director‑General of the CDC
188 Subsection 70J(2) Secretary (second and third occurring) Director‑General
189 Subsection 70L(1) Secretary (first occurring) Director‑General of the CDC
190 Subsection 70L(1) Secretary (second and third occurring) Director‑General
191 Subsection 73(5) Secretary Director‑General of the CDC
192 Subsection 81(1) Secretary Director‑General of the CDC
193 Subsection 82(1) Secretary (first occurring) Director‑General of the CDC
194 Subsection 82(1) Secretary (second occurring) Director‑General
195 Subsections 82(2) and (3) Secretary Director‑General of the CDC
196 Subsection 82(4) Secretary (first occurring) Director‑General of the CDC
197 Paragraph 82(4)(b) Secretary (wherever occurring) Director‑General
198 Paragraph 83(1)(a) Secretary Director‑General of the CDC
199 Paragraph 83(1)(b) Secretary Director‑General
200 Section 84 (subparagraph (b)(ii) of the definition of protected information) Secretary Director‑General of the CDC
201 Section 85 (heading) Secretary Director‑General of the CDC
202 Subsection 85(1) Secretary Director‑General of the CDC
203 Section 88 (heading) Secretary Director‑General of the CDC
204 Subsection 88(1) Secretary Director‑General of the CDC
205 Section 94 (heading) Secretary Director‑General of the CDC
206 Subsection 94(1) Secretary Director‑General of the CDC
207 Subsection 94(2) Secretary Director‑General of the CDC
208 Subsection 94(2) Secretary’s Director‑General’s

Part 3—Amendment of the National Occupational Respiratory Disease Registry Act 2023

National Occupational Respiratory Disease Registry Act 2023

31 Section 8

Insert:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

32 Section 8 (definition of Secretary)

Repeal the definition.

33 Paragraph 28(2)(a)

Omit “Secretary”, substitute “Director‑General of the CDC”.

34 Paragraph 28(2)(b)

Omit “Department”, substitute “Australian Centre for Disease Control”.

35 Subsection 31(1)

Omit “Secretary”, substitute “Director‑General of the CDC”.

36 Paragraph 32(1)(b)

Omit “Department”, substitute “Australian Centre for Disease Control”.

37 Subsection 32(2)

Repeal the subsection.

38 Subsection 32(3)

Omit “or 31(2)”.

39 Subsection 32(3)

Omit “Department”, substitute “Australian Centre for Disease Control”.

40 Amendments of listed provisions—substituting references to Commonwealth Chief Medical Officer with references to Director‑General of the CDC

Substituting references to Commonwealth Chief Medical Officer with references to Director‑General of the CDC
Item Provision Omit Substitute
1 Section 4 Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
2 Section 10 Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
3 Section 12 Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
4 Subsections 14(1) and (5) Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
5 Subsections 15(1), (2), (3) and (4) Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
6 Subsection 16(1) Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
7 Subsection 16(2) Commonwealth Chief Medical Officer (first occurring) Director‑General of the CDC
8 Subsection 16(2) Commonwealth Chief Medical Officer (second occurring) Director‑General
9 Subsection 16(2) (note 2) Commonwealth Chief Medical Officer Director‑General of the CDC
10 Subsection 16(3) Commonwealth Chief Medical Officer Director‑General of the CDC
11 Subsections 17(1), (2) and (3) Commonwealth Chief Medical Officer (wherever occurring) Director‑General of the CDC
12 Section 18 (heading) Commonwealth Chief Medical Officer Director‑General of the CDC
13 Subsection 18(1) Commonwealth Chief Medical Officer (first occurring) Director‑General of the CDC
14 Subsection 18(1) Commonwealth Chief Medical Officer (second and third occurring) Director‑General
15 Subsection 19(1) (heading) Commonwealth Chief Medical Officer Director‑General of the CDC
16 Subsection 19(1) Commonwealth Chief Medical Officer Director‑General of the CDC
17 Subsection 19(2) Commonwealth Chief Medical Officer (first occurring) Director‑General of the CDC
18 Subsection 19(2) Commonwealth Chief Medical Officer (second occurring) Director‑General
19 Subsection 19(3) (heading) Commonwealth Chief Medical Officer Director‑General of the CDC
20 Subsection 19(3) Commonwealth Chief Medical Officer Director‑General of the CDC
21 Subsection 19(3) Commonwealth Chief Medical Officer’s Director‑General’s
22 Section 20 Commonwealth Chief Medical Officer Director‑General of the CDC
23 Subparagraph 21(2)(f)(i) Commonwealth Chief Medical Officer Director‑General of the CDC
24 Subsections 22(1) and (3) Commonwealth Chief Medical Officer Director‑General of the CDC
25 Subsections 26(1), (2), (3) and (4) Commonwealth Chief Medical Officer Director‑General of the CDC
26 Section 29 Commonwealth Chief Medical Officer Director‑General of the CDC
27 Section 30 Commonwealth Chief Medical Officer (first occurring) Director‑General of the CDC
28 Section 30 Commonwealth Chief Medical Officer (second occurring) Director‑General
29 Paragraph 31(2)(a) Commonwealth Chief Medical Officer Director‑General of the CDC
30 Paragraph 31(2)(b) Commonwealth Chief Medical Officer Director‑General
31 Paragraph 32(1)(a) Commonwealth Chief Medical Officer Director‑General of the CDC
32 Subsection 32(3) (heading) Commonwealth Chief Medical Officer’s Director‑General of the CDC’s
33 Subsection 32(3) Commonwealth Chief Medical Officer Director‑General of the CDC
34 Subsection 32(3) Commonwealth Chief Medical Officer’s Director‑General’s
35 Paragraph 33(2)(a) Commonwealth Chief Medical Officer Director‑General of the CDC
36 Paragraph 33(2)(c) Commonwealth Chief Medical Officer Director‑General

Part 4—Amendment of the Freedom of Information Act 1982

Freedom of Information Act 1982

41 Schedule 3

Before:

Australian Immunisation Register Act 2015, section 23

insert:

Australian Centre for Disease Control Act 2025, section 71

Part 5—Repeal of the Australian National Preventive Health Agency Act 2010

Australian National Preventive Health Agency Act 2010

42 The whole of the Act

Repeal the Act.

Schedule 2—Application, saving and transitional provisions

Part 1—General provisions

1 Definitions

(1) In this Schedule:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Department of Health and Aged Care Enterprise Agreement means the Department of Health and Aged Care Enterprise Agreement 2024–2027 approved under the Fair Work Act 2009 on 18 January 2024, as in force immediately before the transition time.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the Australian Centre for Disease Control Act 2025.

Health Secretary means the Secretary of the Health Department.

new Biosecurity Act means the Biosecurity Act 2015 as in force at and after the transition time.

new NHS Act means the National Health Security Act 2007 as in force at and after the transition time.

new NORDR Act means the National Occupational Respiratory Disease Registry Act 2023 as in force at and after the transition time.

old Biosecurity Act means the Biosecurity Act 2015 as in force at any time before the transition time.

old NHS Act means the National Health Security Act 2007 as in force at any time before the transition time.

old NORDR Act means the National Occupational Respiratory Disease Registry Act 2023 as in force at any time before the transition time.

transitional rules means rules made under item 5.

transition time means the time this Schedule commences.

(2) Expressions used in this Schedule that are defined for the purposes of the Australian Centre for Disease Control Act 2025 have the same meaning as in that Act.

2 Transitional—transfer of documents

(1) This item applies to any records or documents that:

(a) relate to a function or power of the Director‑General of the CDC under:

(i) the Australian Centre for Disease Control Act 2025; or

(ii) the Biosecurity Act 2015; or

(iii) the National Health Security Act 2007; or

(iv) the National Occupational Respiratory Disease Registry Act 2023; and

(b) immediately before the transition time, were in the possession of:

(i) the Health Secretary; or

(ii) the Commonwealth Chief Medical Officer; or

(iii) an APS employee in the Health Department; or

(iv) a delegate of the Health Secretary or the Commonwealth Chief Medical Officer.

(2) The records and documents are to be transferred to the Director‑General of the CDC after the transition time.

Note: Any records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.

(3) The transitional rules may provide that:

(a) subitem (2) does not apply to specified records or documents; or

(b) subitem (2) does not apply to records or documents that relate to a specified function or power of the Director‑General of the CDC.

(4) Subitem (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

3 Enterprise Agreement

(1) The Department of Health and Aged Care Enterprise Agreement:

(a) continues, at and from the transition time, to cover and apply to APS employees:

(i) who it covered and applied to immediately before the transition time; and

(ii) who, at the transition time, are members of the staff of the Australian Centre for Disease Control; and

(b) covers and applies to APS employees who are at the classification levels covered by the Department of Health and Aged Care Enterprise Agreement whose employment as a member of the staff of the Australian Centre for Disease Control commences at or after the transition time.

(2) At and after the transition time, the Department of Health and Aged Care Enterprise Agreement covers and applies to the Director‑General of the CDC as the Agency Head of the APS employees who are members of the staff of the Australian Centre for Disease Control.

(3) This item does not prevent the variation or termination of the Department of Health and Aged Care Enterprise Agreement in accordance with law.

(4) This item does not prevent the terms and conditions of employment of APS employees who are members of the staff of the Australian Centre for Disease Control from being varied at or after the transition time:

(a) in accordance with those terms and conditions; or

(b) by or under a law.

(5) This item does not affect the operation of section 58 of the Fair Work Act 2009.

Note: Section 58 of that Act deals with the interaction between one or more enterprise agreements.

4 References in Enterprise Agreement

(1) At and from the transition time, the Department of Health and Aged Care Enterprise Agreement has effect in relation to the Australian Centre for Disease Control as if:

(a) a reference to the Secretary were a reference to the Director‑General of the CDC; and

(b) a reference to the Department of Health and Aged Care, or the Department, were a reference to the Australian Centre for Disease Control.

(2) To avoid doubt, this item does not prevent the Department of Health and Aged Care Enterprise Agreement from being varied or terminated at or after the transition time.

5 Transitional rules

(1) The Health Minister may, by legislative instrument, make rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the rules; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of the Australian Centre for Disease Control Act 2025.

(3) Without limiting subitem (2), rules made for the purposes of that subitem before the end of the period of 12 months starting at the transition time may modify the operation of the provisions of this Act or the Australian Centre for Disease Control Act 2025 or any other Act or instrument.

(4) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated Revenue Fund;

(e) directly amend the text of this Act or the Australian Centre for Disease Control Act 2025.

(5) This Schedule (other than subitem (4)) does not limit the rules that may be made for the purposes of subitem (1).

Part 2—Provisions relating to the amendment of the Biosecurity Act 2015

6 Things done by, or in relation to, the Commonwealth Chief Medical Officer

(1) If, before the transition time, a thing was done by, or in relation to, the Commonwealth Chief Medical Officer, in the capacity of the Director of Human Biosecurity, for the purposes of:

(a) the old Biosecurity Act; or

(b) a legislative instrument made under the old Biosecurity Act;

then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Health Secretary in the capacity of the Director of Human Biosecurity.

(2) Subitem (1) does not apply in relation to a determination made under subsection 42(1) of the old Biosecurity Act.

(3) The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Commonwealth Chief Medical Officer, in the capacity of the Director of Human Biosecurity.

7 Saving of identity cards

(1) An identity card issued to a chief human biosecurity officer or a human biosecurity officer under subsection 570(1) of the old Biosecurity Act before the transition time is taken, after that time, to have been issued under that subsection of the new Biosecurity Act.

(2) If, immediately before the transition time, a form was approved by the Health Secretary for the purposes of paragraph 570(2)(a) of the old Biosecurity Act, the form is taken, at and after the transition time, to be approved by the Health Secretary, in the capacity of the Director of Human Biosecurity, for the purposes of that paragraph of the new Biosecurity Act.

8 Saving of listed human disease determinations

(1) This item applies if a determination made under subsection 42(1) of the old Biosecurity Act is in force immediately before the transition time.

(2) The determination has effect, at and after the transition time, as if it had been made by the Director‑General of the CDC in accordance with section 42 of the new Biosecurity Act.

9 Transitional—transfer of documents to Health Secretary

(1) This item applies to any records or documents that:

(a) relate to a function or power of the Director of Human Biosecurity under the Biosecurity Act 2015 (other than section 42 or 169 of that Act); and

(b) immediately before the transition time, were in the possession of:

(i) the Commonwealth Chief Medical Officer; or

(ii) an APS employee in the Health Department; or

(iii) a delegate of the Commonwealth Chief Medical Officer.

(2) The records and documents are to be transferred to the Health Secretary after the transition time.

Note: Any records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.

(3) The transitional rules may provide that:

(a) subitem (2) does not apply to specified records or documents; or

(b) subitem (2) does not apply to records or documents that relate to a specified function or power of the Director of Human Biosecurity.

(4) Subitem (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

10 Saving of delegations

Despite the repeal and substitution of section 544A of the Biosecurity Act 2015 a delegation under that section that was in force immediately before the transition time continues in force after that time as if it were made under section 544A of the new Biosecurity Act.

Part 3—Provisions relating to the amendment of the National Health Security Act 2007

11 Things done by, or in relation to, the Health Secretary

(1) If, before the transition time, a thing was done by, or in relation to, the Health Secretary for the purposes of:

(a) the old NHS Act; or

(b) a legislative instrument made under the old NHS Act;

then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Director‑General of the CDC.

(2) The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Health Secretary.

12 References to the Health Secretary in instruments

(1) This item applies to an instrument if:

(a) the instrument was made under the old NHS Act; and

(b) the instrument was in force immediately before the transition time; and

(2) The instrument has effect, at and after the transition time, as if a reference in the instrument to the Health Secretary were a reference to the Director‑General of the CDC.

(3) The transitional rules may provide that subitem (2) does not apply in relation to a specified instrument or a specified reference.

(4) This item does not prevent the instrument from being amended or repealed after the commencement of this item.

(5) In this item:

instrument includes:

(a) a contract, deed, undertaking, arrangement or agreement; and

(b) a notice, authority, order or instruction; and

13 Legal proceedings involving the Health Secretary

If, immediately before the transition time, the Health Secretary was a party to proceedings relating to the old NHS Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Secretary as a party to the proceedings at and after that time.

14 Temporary additions to the National Notifiable Disease List

If, immediately before the transition time:

(a) a variation of the National Notifiable Disease List was in force under subsection 12(1) of the old NHS Act; and

(b) the variation was made by the Commonwealth Chief Medical Officer;

then the variation has effect, at and after the transition time, as if it had been made by the Director‑General of the CDC.

Part 4—Provisions relating to the amendment of the National Occupational Respiratory Disease Registry Act 2023

15 Things done by, or in relation to, the Commonwealth Chief Medical Officer

(1) If, before the transition time, a thing was done by, or in relation to, the Commonwealth Chief Medical Officer for the purposes of:

(a) the old NORDR Act; or

(b) a legislative instrument made under the old NORDR Act;

then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Director‑General of the CDC.

(2) The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Commonwealth Chief Medical Officer.

16 References to the Commonwealth Chief Medical Officer in instruments

(1) This item applies to an instrument if:

(a) the instrument was made under the old NORDR Act; and

(b) the instrument was in force immediately before the transition time; and

(2) The instrument has effect, at and after the transition time, as if a reference in the instrument to the Commonwealth Chief Medical Officer were a reference to the Director‑General of the CDC.

(3) The transitional rules may provide that subitem (2) does not apply in relation to a specified instrument or a specified reference.

(4) This item does not prevent the instrument from being amended or repealed after the commencement of this item.

(5) In this item:

instrument includes:

(a) a contract, deed, undertaking, arrangement or agreement; and

(b) a notice, authority, order or instruction; and

17 Legal proceedings involving the Commonwealth Chief Medical Officer or Health Secretary

(1) If, immediately before the transition time, the Commonwealth Chief Medical Officer was a party to proceedings relating to the old NORDR Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Commonwealth Chief Medical Officer as a party to the proceedings at and after that time.

(2) If, immediately before the transition time, the Health Secretary was a party to proceedings relating to the old NORDR Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Health Secretary as a party to the proceedings at and after that time.

[Minister’s second reading speech made in—

House of Representatives on 3 September 2025

Senate on 27 October 2025]

(69/25)

This Act is inherently relational; its entire purpose is to manage the interaction between the newly enacted Australian Centre for Disease Control Act 2025 and existing Commonwealth statutes.

┌────────────────────────────────────────────────────────┐
│        Australian Centre for Disease Control           │
│        (Consequential Amendments & Transitional       │
│                Provisions) Act 2025                    │
└───────────────────────────┬────────────────────────────┘
                            │
         ┌──────────────────┼──────────────────┐
         ▼                  ▼                  ▼
┌─────────────────┐ ┌───────────────┐ ┌──────────────────┐
│   Biosecurity   │ │National Health│ │    Freedom of    │
│    Act 2015     │ │ Security Act  │ │ Information Act  │
│                 │ │     2007      │ │       1982       │
└────────┬────────┘ └───────┬───────┘ └────────┬─────────┘
         │                  │                  │
         ▼                  ▼                  ▼
┌─────────────────┐ ┌───────────────┐ ┌──────────────────┐
│Splits scientific│ │Redirects 208  │ │Shields protected │
│listing (CDC DG) │ │provisions to  │ │CDC information   │
│from enforcement │ │the CDC        │ │from public       │
│(Health Sec).    │ │Director-Gen.  │ │disclosure under  │
│                 │ │               │ │Schedule 3.       │
└─────────────────┘ └───────────────┘ └──────────────────┘

The Biosecurity Act 2015

The Act creates a complex administrative overlap. Previously, the Chief Medical Officer held unified authority as the Director of Human Biosecurity. Now, the Health Secretary holds the title of Director of Human Biosecurity, but the Director-General of the CDC holds the disease-listing power. These two distinct actors must interact under section 42, creating a statutory consultatory loop. If a biological emergency occurs, the scientific declaration of the threat and the physical deployment of biosecurity officers are split across two different statutory officers, increasing the risk of administrative delay or coordination failure.

The National Health Security Act 2007

The Act systematically transfers the entire regulatory apparatus for tracking biological agents and laboratory security. By amending 208 separate provisions, the Act ensures that the Director-General of the CDC, rather than the Health Secretary, is the central repository of national epidemiological and pathogen security data.

The Freedom of Information Act 1982 (FOI Act)

The Act directly limits transparency. By inserting section 71 of the ACDC Act into Schedule 3 of the FOI Act, the legislature has designated CDC protected information as a "secrecy provision" under Part IV of the FOI Act. Consequently, the public's right to access documents under the FOI Act is completely overridden in relation to these records. This represents a significant statutory shift toward executive control over scientific and disease-surveillance data, preventing independent journalists or researchers from using FOI laws to extract raw health security datasets held by the CDC.

The Fair Work Act 2009

The transitional provisions under Schedule 2, items 3 and 4 directly interface with the Fair Work Act framework. By preserving the Department of Health and Aged Care Enterprise Agreement 2024-2027 and modifying its terms so that "Secretary" means "Director-General of the CDC" and "Department" means "CDC," the Act bypasses the need to negotiate a new enterprise agreement under the Fair Work Act, preventing industrial disputation during the agency's critical establishment phase.

Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025

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