11Functions of the Authority

11 Functions of the Authority

(1) The functions of the Authority are: (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and (c) to support and encourage the implementation of: (i) policies and protocols formulated under paragraph (a); and (ii) standards and codes of practice declared under paragraph (b); and (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and (j) to advise the Minister about organ or tissue donation and transplantation matters; and (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and (l) such other functions as are conferred on the Authority by this Act or any other law; and (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and (n) to do anything incidental to or conducive to the performance of any of the above functions.

Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).

Note 2: See also section 58 (protection of patient confidentiality).

Note 3: See also sections 54 to 56 (terms and conditions of grants).

Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.

Constitutional limits (2) The Authority may perform its functions only: (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (b) with respect to the executive power of the Commonwealth; or (c) with respect to statistics; or (d) with respect to, or in, a Territory; or (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (f) with respect 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 (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or (h) with respect to the provision of medical services; or (i) with respect to a postal, telegraphic, telephonic or other like service; or (j) with respect to the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; for a purpose of the Commonwealth; or (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth. (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution. Legislative instruments (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument. (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument. (5) A declaration made under paragraph (1)(b) is not a legislative instrument. (6) An instrument made under paragraph (1)(m) is not a legislative instrument.