11Functions of the CEO

11 Functions of the CEO

(1) The CEO’s functions are: (a) if requested to do so by the Minister, or on his or her own initiative, to advise and make recommendations to the Minister on matters relating to preventive health; and (b) if requested to do so, in writing, by the Chair of the Ministerial Council, to advise and make recommendations to the Ministerial Council on matters relating to preventive health; and (c) if requested to do so, in writing, by a State or Territory government or the Australian Local Government Association, to advise and make recommendations to the State or Territory government or the Australian Local Government Association, as the case may be, on matters relating to preventive health; and (d) to collect, analyse, interpret and disseminate information relating to preventive health; and (e) every 2 years, starting in 2013, to publish a report on the state of preventive health in Australia; and (f) to conduct educational, promotional and community awareness programs relating to preventive health, including: (i) the promotion of a healthy lifestyle and good nutrition; and (ii) reducing tobacco use; and (iii) minimising the harmful drinking of alcohol; and (iv) discouraging substance abuse; and (v) reducing the incidence of obesity amongst Australians; and (g) to make, on behalf of the Commonwealth, grants of financial assistance relating to preventive health; and (h) to encourage initiatives relating to preventive health matters through partnerships with industry, non‑governmental organisations and the community sector; and (i) to develop national standards and codes of practice relating to preventive health matters; and (j) to manage schemes that provide awards to participants to recognise excellent performance in matters relating to preventive health; and (k) any other function relating to preventive health that is set out in a legislative instrument made by the Minister; and (l) to do anything incidental to, or conducive to, the performance of any of the above functions. (2) The CEO has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions. (3) Paragraph (1)(b) only applies if: (a) the Ministerial Council agrees to the request; and (b) when making the request, the Chair of the Ministerial Council states that the Ministerial Council has agreed to the request.

Note: See section 55.

(4) The Minister must not set out a function in a legislative instrument under paragraph (1)(k) unless the Ministerial Council has agreed to the function.

Note: See section 55.

Constitutional limits (5) The CEO may perform the CEO’s functions only: (a) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or (b) for purposes relating to the collection of statistics; or (c) for purposes relating to trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (d) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (e) by way of the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; for a purpose of the Commonwealth; or (f) for purposes relating to pharmaceutical, sickness and hospital benefits and medical and dental services; or (g) for purposes relating to the people of any race for whom it is deemed necessary to make special laws; or (h) for purposes relating to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (i) in, or for purposes relating to, a Territory; or (j) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (k) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or (l) for purposes relating to the executive power of the Commonwealth; or (m) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.