Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 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 No.
1 Short title
Classifies the provision as a title or heading
The text describes the provision as 'Short title'
The provision is classified as a title or heading
Identifies the key as a unique identifier
The key is assigned a unique number and letter combination
The key identifies a unique provision in the Act
The key follows a standard format with a specific number and letter combination
The key is valid according to SHACL standards
The key does not contain any obvious cognitive biases or heuristics
The key is free from cognitive biases according to CogAI analysis
Identifies the key as a diffusion point in the Act
The key is assigned to a specific section of the Act
The key identifies a diffusion point in the Act according to Diffusion analysis
2 Commencement
1 Section 1
10 November
2 Section 2
Commences at the same time as the Australian Centre for Disease Control Act 2025, but only if that Act commences.
1 January 2026
Note on table limitations and amendments
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
1 Subsection 9(1)
Defines terms for Australian Centre for Disease Control
2 Section 33
Substitute Director-General of CDC for Director of Human Biosecurity.
3 Subsection 42(1)
Omitting a provision that allows the Director-General to determine listed human diseases.
Prohibits the Director-General from determining listed human diseases.
4 Subsection 42(2)
5 At the end of subsection 42(2)
Add the Director of Human Biosecurity to subsection 42(2)
6 At the end of section 114
Add the Director-General of the CDC to Schedule 1
7 Subsection 169(5)
Omit 'Director of Human Biosecurity' and substitute 'Director-General of the CDC'.
8 Subsection 544(1)
Substitute Health Secretary for Commonwealth Chief Medical Officer.
9 Section 544A
Repeal section and substitute with new provision
544A Delegation of Director’s functions or powers
544A(1) Delegation of Director’s functions or powers
Delegation of Director's functions or powers
544A(2) Delegation of Director’s functions or powers
544A(3) Delegation of Director’s functions or powers
Delegation of Director's functions or powers under certain provisions is prohibited.
(3) However, the Director of Human Biosecurity must not delegate...
...the Director’s functions or powers under any of the following provisions:
Temporal interval for delegation prohibition
544A(4) Delegation of Director’s functions or powers
544A(5) Delegation of Director’s functions or powers
Cannot perform function or exercise power under section 72 in relation to a human biosecurity control order
544A(6) Delegation of Director’s functions or powers
Delegation of Director's functions or powers must comply with directions of the Director of Human Biosecurity.
10 After subparagraph 563(1)(a)(i)
Insertion of officers or employees from the Australian Centre for Disease Control
11 Subsection 570(1)
Substitute Director of Human Biosecurity for Health Secretary.
12 Paragraph 570(1)(a)
13 Paragraph 570(2)(a)
14 After paragraph 644(6)(da)
15 After paragraph 644(6)(i)
Insertion of an officer or employee of the Australian Centre for Disease Control into Schedule 1
16 Subsection 3(1)
Definitions for Australian Centre for Disease Control and Director-General
17 Subsection 3(1) (definition of Secretary)
18 Paragraph 11(5)(a)
Substitute Director-General of the CDC for Commonwealth Chief Medical Officer.
19 Subsection 12(1)
Replace 'Commonwealth Chief Medical Officer' with 'Director-General of the CDC'
20 Subsection 12(1)
Replace 'Commonwealth Chief Medical Officer' with 'Director-General'
21 Paragraph 12(3)(a)
22 Paragraph 12(6)(a)
23 After section 24
24A Defence for use of information authorised under the Australian
Defendant bears evidential burden in relation to protected information.
...the record, disclosure or use is authorised under the Australian Centre for Disease Control Act 2025.
...a defendant bears an evidential burden in relation to the matter in this section:
...see subsection 13.3(3) of the Criminal Code.
Record, disclosure or use must occur after obtaining protected information.
...and the person makes a record of, or discloses or otherwise uses...
24 Subsection 28(1)
Omit all words after 'Part' and substitute with SES employee or acting SES employee in the Department or Australian Centre for Disease Control.
25 Subsection 29(2)
26 Section 34 (heading)
Substitute 'Australian Centre for Disease Control's' in section heading.
Prohibits substitution of 'Department's'
Omit ‘Department’s’, substitute ‘Australian Centre for Disease Control’s’.
Defines temporal interval of substitution
27 Section 34
28 After paragraph 92(a)
Inserts the Australian Centre for Disease Control Act 2025
29 Subsection 94(1)
Specify SES employees and acting SES employees in the Department and Australian Centre for Disease Control.
Specify SES employees and acting SES employees.
30 Amendments of listed provisions—substituting references
Substituting references to Secretary with references to Director-General of the CDC
31 Section 8
32 Section 8 (definition of Secretary)
33 Paragraph 28(2)(a)
Substitute Director-General of the CDC for Secretary
34 Paragraph 28(2)(b)
Omit 'Department', substitute 'Australian Centre for Disease Control'.
35 Subsection 31(1)
36 Paragraph 32(1)(b)
Replace 'Department' with 'Australian Centre for Disease Control'
37 Subsection 32(2)
Repeal subsection 32(2) and amend Schedule 1
38 Subsection 32(3)
39 Subsection 32(3)
Substitute Australian Centre for Disease Control
40 Amendments of listed provisions—substituting references
Substituting references to Commonwealth Chief Medical Officer with references to Director-General of the CDC
41 Schedule 3
Insertion of section 71 from Australian Centre for Disease Control Act 2025 into Schedule 1 of the Australian Immunisation Register Act 2015.
42 The whole of the Act
1 Definitions
2 Transitional—transfer of documents
Transfer records and documents to Director-General of CDC after transition time.
3 Enterprise Agreement
Continues and applies to APS employees, including those at the Australian Centre for Disease Control.
4 References in Enterprise Agreement
5 Transitional rules
The Health Minister may make rules prescribing matters related to the Act.
6 Things done by, or in relation to, the Commonwealth Chief
Things done by, or in relation to, the Commonwealth Chief Medical Officer have effect as if done by the Health Secretary.
Imposes an obligation on the Commonwealth Chief Medical Officer.
7 Saving of identity cards
Saving of identity cards issued before transition time
8 Saving of listed human disease determinations
Preserves listed human disease determinations made under the old Biosecurity Act.
9 Transitional—transfer of documents to Health Secretary
Transfer of documents to Health Secretary after transition time.
10 Saving of delegations
Delegations under section 544A of the Biosecurity Act continue in force after transition time.
Temporal interval of continued delegation
Delegation was in force during the transition period.
11 Things done by, or in relation to, the Health Secretary
Things done by, or in relation to, the Health Secretary have effect as if done by the Director-General of the CDC.
Applies to transitional rules for specified actions.
12 References to the Health Secretary in instruments
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 (c) the instrument contains a reference to the Health Secretary.
(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.
(5) In this item: instrument includes: (a) a contract, deed, undertaking, arrangement or agreement; and (b) a notice, authority, order or instruction;
(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.
13 Legal proceedings involving the Health Secretary
Substitution of Director-General for Secretary in pending proceedings
14 Temporary additions to the National Notifiable Disease
Temporary additions to the National Notifiable Disease List have effect as if made by the Director-General of the CDC.
Imposes obligation on the Director-General of the CDC.
The variation was made by the Commonwealth Chief Medical Officer.
The variation has effect as if it had been made by the Director-General of the CDC.
Specifies the temporal interval during which the variation has effect.
The transition time is specified in subsection 12(2) of the old NHS Act.
The variation has effect at and after the transition time.
Imposes obligation on the Director-General of the CDC to diffuse the variation.
Imposes obligation on the Director-General of the CDC to process the variation.
The variation was made under subsection 12(1) of the old NHS Act.
15 Things done by, or in relation to, the Commonwealth Chief
Things done by, or in relation to, the Commonwealth Chief have effect as if done by the Director-General of the CDC.
Continues effect from Commonwealth Chief to Director-General of CDC.
Things done by, or in relation to, the Commonwealth Chief.
Things have effect as if done by, or in relation to, the Director-General of the CDC.
Overlaps temporal intervals between things done by Commonwealth Chief and Director-General of CDC.
Things have effect at and after transition time.
Recurring trace for things done by Commonwealth Chief.
Exempts things done by Commonwealth Chief from requirements.
Subitem (1) does not apply in relation to specified thing.
16 References to the Commonwealth Chief Medical Officer in
References to the Commonwealth Chief Medical Officer in instruments
Classifies references to the Commonwealth Chief Medical Officer
The instrument contains a reference to the Commonwealth Chief Medical Officer.
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.
17 Legal proceedings involving the Commonwealth Chief
Substitution of Director-General for Commonwealth Chief Medical Officer and Health Secretary in pending proceedings.
Substitution of Director-General for Commonwealth Chief Medical Officer and Health Secretary.