[s 43]
Health Legislation Amendment Bill (No. 3) 2025
Part 2 Amendment of Assisted Reproductive Technology Act 2024
Page 36
Authorised by the Parliamentary Counsel
(b) immediately before the commencement of
this section, the gamete had not been used in
an ART procedure; and
(c) new sections 146 and 147 do not apply in
relation to the use of the gamete in an ART
procedure.
(2) New section 33(4) does not prevent the use of the
gamete, or an embryo created using the gamete, in
an ART procedure if—
(a) the ART provider collected the information
mentioned in new section 33(1) in relation
to the gamete before the gamete was
obtained; or
(b) the ART provider collects the information
mentioned in new section 33(1) in relation
to the gamete before the gamete or embryo
is used in the ART procedure; or
(c) the chief executive approves the use of the
gamete or embryo in the ART procedure
under new section 39C.
43 Renumbering and relocation of s 150 (Time within which
information about pregnancies and births to be collected
by ART providers)
Section 150—
renumber as section 144A and relocate to part 9, division 1, as
numbered by this Act.
44 Insertion of new pt 9, div 2, sdiv 5, hdg
Before section 151—
insert—
Subdivision 5 Miscellaneous
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Clause 21
22
23
24
25
26
Clause 27
28
29
30
[s 45]
Health Legislation Amendment Bill (No. 3) 2025
Part 2 Amendment of Assisted Reproductive Technology Act 2024
Page 37
Authorised by the Parliamentary Counsel
45 Insertion of new ss 152 and 153
After section 151—
insert—
152 Relationship of division with s 144
To the extent of any inconsistency between a
provision of this division and section 144(1)(a),
(c) or (d), the provision of this division prevails.
153 Transitional regulation-making power
(1) A regulation (a transitional regulation) may
make provision about a matter for which this Act
does not provide or sufficiently provide.
(2) A transitional regulation may have retrospective
operation to a day not earlier than the day this
section commences.
(3) A transitional regulation must declare it is a
transitional regulation.
(4) This section and any transitional regulation expire
on the day that is 2 years after the day this section
commences.
46 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definition RTAC accreditation—
omit.
(2) Schedule 1—
insert—
accreditation standard, for part 4, see section
56A.
donor-related Australian families see section
25(3).
part 2 decision, for part 6, see section 119.
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Clause 20
21
22
23
24
25
26
27
28
29
[s 47]
Health Legislation Amendment Bill (No. 3) 2025
Part 3 Amendment of Health and Wellbeing Queensland Act 2019
Page 38
Authorised by the Parliamentary Counsel
prescribed accreditation, in relation to a person,
means accreditation of the person, or of facilities
operated by the person, by an entity prescribed by
regulation.
(3) Schedule 1, definition contact information—
omit, insert—
contact information, for a person, means the
person’s residential address, phone number or
email address or any other way the person may be
contacted.
Part 3 Amendment of Health and
Wellbeing Queensland Act 2019
47 Act amended
This part amends the Health and Wellbeing Queensland Act
2019.
48 Amendment of s 23 (Vacancy in office)
(1) Section 23(c), ‘becomes’—
omit, insert—
is
(2) Section 23(d)—
omit, insert—
(d) is removed from office under subsection (2).
(3) Section 23—
insert—
(2) The Governor in Council may, at any time,
remove a board member from office for any
reason or none.
1
2
3
4
5
6
7
8
9
10
11
12
Clause 13
14
15
Clause 16
17
18
19
20
21
22
23
24
25
26
27
Section retrieval-0004 - Health Legislation Amendment Bill (No. 3) 2025 - Document excerpt 4 | Zoe
[s 49]
Health Legislation Amendment Bill (No. 3) 2025
Part 3 Amendment of Health and Wellbeing Queensland Act 2019
Page 39
Authorised by the Parliamentary Counsel
49 Amendment of s 24 (Acting board member)
Section 24(5), ‘section 25(1)(b)(iv)’—
omit, insert—
section 25(1)(b)
50 Amendment of s 37 (Vacancy in office)
(1) Section 37(1)(c), ‘becomes’—
omit, insert—
is
(2) Section 37(1)(d)—
omit, insert—
(d) is removed from office under subsection (3).
(3) Section 37—
insert—
(3) The Governor in Council may, at any time,
remove the chief executive officer from office for
any reason or none.
51 Amendment of s 38 (Acting chief executive officer)
Section 38(5), ‘section 25(1)(b)(iv) or (v)’—
omit, insert—
section 25(1)(b)
52 Insertion of new pt 7
After part 6—
insert—
Clause 1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
15
16
Clause 17
18
19
20
Clause 21
22
23
[s 53]
Health Legislation Amendment Bill (No. 3) 2025
Part 4 Amendment of Health Legislation Amendment Act 2025
Page 40
Authorised by the Parliamentary Counsel
Part 7 Transitional provisions
for Health Legislation
Amendment Act (No. 3)
2025
52 Vacancy in office of board member
Section 23(2) applies to a board member whether
the member is appointed before or after the
commencement.
53 Vacancy in office of chief executive officer
Section 37(3) applies to the chief executive
officer whether the officer is appointed before or
after the commencement.
Part 4 Amendment of Health
Legislation Amendment Act
2025
53 Act amended
This part amends the Health Legislation Amendment Act
2025.
54 Replacement of s 7 (Amendment of s 28 (Removal from
office of board members))
Section 7—
omit, insert—
7 Amendment of s 25A (Disqualification as
board member)
Section 25A—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Clause 16
17
18
Clause 19
20
21
22
23
24
25
[s 55]
Health Legislation Amendment Bill (No. 3) 2025
Part 5 Amendment of Hospital and Health Boards Act 2011
Page 41
Authorised by the Parliamentary Counsel
insert—
(d) was appointed because the person was a
HHS clinician and has stopped being a HHS
clinician.
Editor’s note—
Legislation ultimately amended—
• Hospital and Health Boards Act 2011
Part 5 Amendment of Hospital and
Health Boards Act 2011
55 Act amended
This part amends the Hospital and Health Boards Act 2011.
56 Insertion of new s 25A
After section 25—
insert—
25A Disqualification as board member
A person is disqualified from becoming, or
continuing as, a board member if the person—
(a) is an insolvent under administration; or
(b) is disqualified from managing corporations
because of the Corporations Act, part 2D.6;
or
(c) has a conviction for an indictable offence or
an offence against this Act.
57 Amendment of s 27 (Vacation of office of board member)
(1) Section 27(b)—
omit, insert—
1
2
3
4
5
6
7
8
9
Clause 10
11
Clause 12
13
14
15
16
17
18
19
20
21
22
23
Clause 24
25
26
[s 58]
Health Legislation Amendment Bill (No. 3) 2025
Part 5 Amendment of Hospital and Health Boards Act 2011
Page 42
Authorised by the Parliamentary Counsel
(b) completes a term of office and is not
reappointed; or
(c) is disqualified from continuing as a member
under section 25A; or
(d) is removed from office under subsection (2).
(2) Section 27—
insert—
(2) The Governor in Council may, at any time,
remove a board member from office for any
reason or none.
58 Amendment of s 27A (Suspension from office of Hospital
and Health Board members)
(1) Section 27A(1)(b)—
omit.
(2) Section 27A(1)(c)—
renumber as section 27A(1)(b).
59 Omission of s 28 (Removal from office of board
members)
Section 28—
omit.
60 Insertion of new pt 13, div 9
Part 13—
insert—
Division 9 Transitional provision for
Health Legislation
Amendment Act (No. 3)
2025
1
2
3
4
5
6
7
8
9
10
Clause 11
12
13
14
15
16
Clause 17
18
19
20
Clause 21
22
23
24
25
26
27
[s 61]
Health Legislation Amendment Bill (No. 3) 2025
Part 6 Amendment of Hospital Foundations Act 2018
Page 43
Authorised by the Parliamentary Counsel
332 Vacancy in office of board member
Section 27(2) applies to a board member whether
the member is appointed before or after the
commencement.
61 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
conviction means a finding of guilt or acceptance
of a plea of guilty by a court, whether or not a
conviction is recorded.
Part 6 Amendment of Hospital
Foundations Act 2018
62 Act amended
This part amends the Hospital Foundations Act 2018.
63 Amendment of s 33 (Disqualification from becoming
member)
(1) Section 33, heading, ‘from becoming member’—
omit, insert—
as member
(2) Section 33, ‘becoming a member’—
omit, insert—
becoming, or continuing as, a member
(3) Section 33—
insert—
(f) consents to the borrowing of an amount that
the foundation is not lawfully authorised to
1
2
3
4
Clause 5
6
7
8
9
10
11
12
Clause 13
14
Clause 15
16
17
18
19
20
21
22
23
24
25
26
[s 64]
Health Legislation Amendment Bill (No. 3) 2025
Part 6 Amendment of Hospital Foundations Act 2018
Page 44
Authorised by the Parliamentary Counsel
borrow under the Statutory Bodies Financial
Arrangements Act 1982.
64 Omission of s 34 (Removal from office)
Section 34—
omit.
65 Amendment of s 35 (Vacancy in office)
(1) Section 35(b)—
omit, insert—
(b) is disqualified from continuing as a member
under section 33; or
(c) is removed from office under subsection (2).
(2) Section 35—
insert—
(2) The Governor in Council may, at any time,
remove a board member from office for any
reason or none.
66 Insertion of new s 35A
After section 35—
insert—
35A Acting board member
(1) This section applies if the office of a member is
vacant.
(2) The Minister may appoint a person to act in the
office for a period of not longer than 6 months.
(3) However, the Minister may extend the
appointment for a further period of not longer
than 6 months.
1
2
Clause 3
4
5
Clause 6
7
8
9
10
11
12
13
14
15
16
Clause 17
18
19
20
21
22
23
24
25
26
27
[s 67]
Health Legislation Amendment Bill (No. 3) 2025
Part 6 Amendment of Hospital Foundations Act 2018
Page 45
Authorised by the Parliamentary Counsel
(4) A person can not be appointed to act in the office
unless the Minister could recommend the person
for appointment as a member under section 30.
(5) This section does not limit the Governor in
Council’s power under the Acts Interpretation Act
1954, section 25(1)(b).
67 Amendment of s 36 (Criminal history report)
Section 36(1), from ‘person’—
omit, insert—
person is disqualified from becoming or
continuing as a member under section 33.
68 Insertion of new pt 9, div 3
Part 9—
insert—
Division 3 Transitional provision for
Health Legislation
Amendment Act (No. 3)
2025
93 Vacancy in office of board member
Section 35(2) applies to a board member whether
the member is appointed before or after the
commencement.
1
2
3
4
5
6
Clause 7
8
9
10
11
Clause 12
13
14
15
16
17
18
19
20
21
22
[s 69]
Health Legislation Amendment Bill (No. 3) 2025
Part 7 Amendment of Pharmacy Business Ownership Act 2024
Page 46
Authorised by the Parliamentary Counsel
Part 7 Amendment of Pharmacy
Business Ownership Act 2024
69 Act amended
This part amends the Pharmacy Business Ownership Act
2024.
70 Replacement of s 156 (Vacancy in office)
Section 156—
omit, insert—
156 Vacancy in office
(1) The office of a council member becomes vacant if
the member—
(a) completes the member’s term of office and
is not reappointed; or
(b) is disqualified from continuing as a member
under section 151; or
(c) resigns office as a council member under
section 155; or
(d) is absent, other than as approved under
section 157, from 3 consecutive council
meetings of which at least 21 days notice
has been given; or
(e) is removed from office under subsection (2).
(2) The Governor in Council may, at any time,
remove a council member from office for any
reason or none.
156A Acting council member
(1) This section applies if the office of a council
member is vacant.
1
2
Clause 3
4
5
Clause 6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[s 71]
Health Legislation Amendment Bill (No. 3) 2025
Part 7 Amendment of Pharmacy Business Ownership Act 2024
Page 47
Authorised by the Parliamentary Counsel
(2) The Minister may appoint a person to act in the
office for a period of not longer than 6 months.
(3) However, the Minister may extend the
appointment for a further period of not longer
than 6 months.
(4) A person can not be appointed to act in the office
unless the Minister could recommend the person
for appointment as a council member under
section 150(3).
(5) This section does not limit the Governor in
Council’s power under the Acts Interpretation Act
1954, section 25(1)(b).
71 Amendment of s 171 (Vacancy in office)
(1) Section 171(1)—
insert—
(d) is removed from office under subsection (2).
(2) Section 171—
insert—
(2) The Governor in Council may, at any time,
remove the chief executive officer from office for
any reason or none.
72 Amendment of s 172 (Acting chief executive officer)
Section 172(5), ‘section 25(1)(b)(iv) or (v)’—
omit, insert—
section 25(1)(b)
73 Replacement of pt 14, hdg (Transitional provisions)
Part 14, heading—
omit, insert—
1
2
3
4
5
6
7
8
9
10
11
12
Clause 13
14
15
16
17
18
19
20
21
Clause 22
23
24
25
Clause 26
27
28
[s 74]
Health Legislation Amendment Bill (No. 3) 2025
Part 7 Amendment of Pharmacy Business Ownership Act 2024
Page 48
Authorised by the Parliamentary Counsel
Part 14 Repeal and transitional
provisions for Act No. 9
of 2024
74 Relocation and renumbering of pt 15, div 1 (Repeal)
Part 15, division 1—
relocate to part 14 and renumber as part 14, division 5.
75 Replacement of pt 15 (Repeal and amendments of
legislation)
Part 15—
omit, insert—
Part 15 Transitional provisions
for Health Legislation
Amendment Act (No. 3)
2025
235 Vacancy in office of council member
Section 156(2) applies to a council member
whether the member is appointed before or after
the commencement.
236 Vacancy in office of chief executive officer
Section 171(2) applies to the chief executive
officer whether the officer is appointed before or
after the commencement.
1
2
3
Clause 4
5
6
Clause 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
[s 76]
Health Legislation Amendment Bill (No. 3) 2025
Part 8 Amendment of Private Health Facilities Act 1999
Page 49
Authorised by the Parliamentary Counsel
Part 8 Amendment of Private Health
Facilities Act 1999
76 Act amended
This part amends the Private Health Facilities Act 1999.
77 Amendment of s 48 (Conditions of licence)
Section 48(1)(b) and (c)—
omit, insert—
(b) the licensee must comply with a standard of
accreditation prescribed for a type of health
service, or all health services, provided at
the facility;
(c) the licensee must comply with the standards
made under part 3 relevant to the facility;
78 Amendment of s 50 (Term of licences)
Section 50(2)—
omit, insert—
(2) The stated term must not exceed—
(a) if the licence is being renewed under
division 5—3 years; or
(b) otherwise—1 year.
79 Amendment of s 144 (Submission of reports)
Section 144(2)(b)—
omit, insert—
(b) to enable the State to give information to a
government entity in the circumstances
mentioned in section 147(4)(c);
1
2
Clause 3
4
Clause 5
6
7
8
9
10
11
12
13
Clause 14
15
16
17
18
19
20
Clause 21
22
23
24
25
26
[s 80]
Health Legislation Amendment Bill (No. 3) 2025
Part 9 Amendment of Transplantation and Anatomy Act 1979
Page 50
Authorised by the Parliamentary Counsel
80 Amendment of s 147 (Confidentiality of information)
(1) Section 147(4)(c)(i)—
omit, insert—
(i) the chief executive gives the information to
a government entity under an agreement
with the entity;
(2) Section 147(7), ‘The Commonwealth, other State or entity’—
omit, insert—
A government entity
(3) Section 147(11)—
insert—
agreement includes arrangement.
government entity means—
(a) the Commonwealth or another State; or
(b) an entity of the Commonwealth or another
State; or
(c) an entity of the State.
Part 9 Amendment of Transplantation
and Anatomy Act 1979
81 Act amended
This part amends the Transplantation and Anatomy Act 1979.
Note—
See also the amendments in schedule 1.
82 Amendment of s 4 (Interpretation)
Section 4—
insert—
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Clause 20
21
22
23
Clause 24
25
26
[s 83]
Health Legislation Amendment Bill (No. 3) 2025
Part 9 Amendment of Transplantation and Anatomy Act 1979
Page 51
Authorised by the Parliamentary Counsel
ante-mortem intervention, for part 3A, see
section 25A.
tissue donation viability means the viability of
tissue for transplanting from a person after death
to the body of another living person.
83 Replacement of pt 2, div 4, hdg (Blood transfusions)
Part 2, division 4, heading—
omit, insert—
Division 4 Removal of blood for
particular purposes
84 Amendment of s 17 (Consents by adults to removal of
blood)
Section 17, before ‘or for any’—
insert—
(c) for the purpose of determining tissue
donation viability;
85 Amendment of s 18 (Consents to removal of blood from
children)
(1) Section 18, heading, after ‘children’—
insert—
for particular purposes
(2) Section 18, ‘section 17’—
omit, insert—
section 17, other than for the purpose of
determining tissue donation viability,
1
2
3
4
5
Clause 6
7
8
9
10
Clause 11
12
13
14
15
16
Clause 17
18
19
20
21
22
23
24
25