104 Consent to medical research procedures under the Guardianship and Administration Act 1986
(1) On and after the commencement of section 77, the consent of a person responsible under section 42S of the Guardianship and Administration Act 1986 to the administration of a medical research procedure to a person is taken to be consent of the medical treatment decision maker under section 77.
(2) On and after the commencement of
section 80(1), authorisation under section 42T of the Guardianship and Administration Act 1986 to the administration of a medical research procedure to a person is taken to be authorisation under section 80(1).
S. 105 repealed by No. 69/2016 s. 105(4).
Pts 9, 10 (Headings and ss 106–161) repealed by No. 69/2016 s. 161.
═══════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 September 2016
Legislative Council: 9 November 2016
The long title for the Bill for this Act was "A Bill for an Act to provide for a scheme of medical treatment planning, to provide for the making of medical treatment decisions on behalf of, and the administration of medical research procedures to, persons who do not have decision‑making capacity, to repeal the Medical Treatment Act 1988, to amend the Mental Health Act 2014 in relation to approval procedures for electroconvulsive treatment of adults who do not have capacity, to make consequential amendments to that and other Acts and for other purposes."
The Medical Treatment Planning and Decisions Act 2016 was assented to on 29 November 2016 and came into operation on 12 March 2018: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Section 104 - Medical Treatment Planning and Decisions Act 2016 - Consent to medical research procedures under the Guardianship and Administration Act 1986 | Zoe
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Medical Treatment Planning and Decisions Act 2016 by Acts and subordinate instruments.
Medical Treatment Planning and Decisions Act 2016, No. 69/2016
| Assent Date: | 29.11.16 |
| Commencement Date: | S. 161 on 12.3.18: s. 2(2); s. 105(4) on 12.3.18: s. 2(2) |
| Note: | S. 161 repealed Pts 9, 10 (ss 106−161) on 12.3.19; s. 105(4) repealed s. 105 on 12.3.20 |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Voluntary Assisted Dying Act 2017, No. 61/2017
| Assent Date: | 5.12.17 |
| Commencement Date: | S. 140 on 19.6.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 86) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Guardianship and Administration Act 2019, No. 13/2019
| Assent Date: | 4.6.19 |
| Commencement Date: | S. 221(Sch. 1 item 31) on 1.3.20: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
| Assent Date: | 25.6.19 |
| Commencement Date: | S. 266 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Health Legislation Amendment and Repeal Act 2019, No. 34/2019
| Assent Date: | 22.10.19 |
| Commencement Date: | S. 50 on 23.10.19: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Non-Emergency Patient Transport Amendment Act 2021, No. 29/2021
| Assent Date: | 10.8.21 |
| Commencement Date: | S. 37 on 30.9.21: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
| Assent Date: | 21.9.21 |
| Commencement Date: | S. 396 on 1.7.24: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Mental Health and Wellbeing Act 2022, No. 39/2022
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 846−850 on 1.9.23: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
| Assent Date: | 23.5.23 |
| Commencement Date: | S. 236 on 24.5.23: s. 2(1); s. 259 on 1.7.24: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Medical Treatment Planning and Decisions Act 2016 |