Commonwealth: Cancer Australia Act 2006 (Cth)

Cancer Australia Act 2006 No. 35, 2006 as amended Compilation start date: 1 July 2014 Includes amendments up to: Act No. 62, 2014 About this compilation This compilation This is a compilation of the Cancer Australia Act 2006 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date. This compilation was prepared on 11 July 2014. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. Uncommenced amendments The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes. Provisions ceasing to have effect If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 This Act binds the Crown 5 Application to the external Territories Part 2—Cancer Australia 6 Establishment 7 Functions of Cancer Australia 8 Staff 9 Consultants Part 3—The Chief Executive Officer Division 1—Role of Chief Executive Officer 10 Chief Executive Officer 11 Responsibility of Chief Executive Officer 12 Minister may give directions to Chief Executive Officer 13 Delegation Division 2—Appointment etc. of Chief Executive Officer 14 Appointment of Chief Executive Officer 15 Term of appointment 16 Acting appointments 17 Chief Executive Officer's remuneration 18 Outside employment 19 Leave of absence 21 Other terms and conditions 22 Resignation 23 Termination of appointment Part 4—The Advisory Council Division 1—Role of Advisory Council 24 Establishment 25 Membership 26 Function of Advisory Council Division 2—Appointment etc. of members of Advisory Council 27 Appointment of members 28 Term of appointment 29 Acting appointments 30 Members' remuneration 31 Leave of absence 32 Disclosure of interests 33 Other terms and conditions 34 Resignation 35 Termination of appointment 36 Advisory Council procedures Part 4A—Application of the finance law 36A Application of the finance law Part 5—Reporting 37 Annual report Part 6—Miscellaneous 38 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous [none] An Act to establish Cancer Australia, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Cancer Australia Act 2006. 2 Commencement This Act commences on the day on which it receives the Royal Assent. 3 Definitions In this Act: Advisory Council means the Cancer Australia Advisory Council established by section 24. Advisory Council member means a member of the Advisory Council (including the Chair). Chair means the Chair of the Advisory Council. Chief Executive Officer means the Chief Executive Officer of Cancer Australia. 4 This Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 5 Application to the external Territories This Act extends to every external Territory. Part 2—Cancer Australia 6 Establishment (1) Cancer Australia is established by this section. (2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8. Note: Cancer Australia does not have a legal identity separate from the Commonwealth. 7 Functions of Cancer Australia (1) Cancer Australia has the following functions: (a) to provide national leadership in cancer control; (b) to guide scientific improvements to cancer prevention, treatment and care; (c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer; (d) to make recommendations to the Commonwealth Government about cancer policy and priorities; (e) to oversee a dedicated budget for research into cancer; (f) to assist with the implementation of Commonwealth Government policies and programs in cancer control; (g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f); (h) any functions that the Minister, by writing, directs Cancer Australia to perform. (2) A direction made under paragraph (1)(h) is not a legislative instrument. 8 Staff (1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and (b) the Chief Executive Officer is the Head of that Statutory Agency. 9 Consultants (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia. (2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing. Part 3—The Chief Executive Officer Division 1—Role of Chief Executive Officer 10 Chief Executive Officer There is to be a Chief Executive Officer of Cancer Australia. 11 Responsibility of Chief Executive Officer The Chief Executive Officer has the responsibility of managing Cancer Australia. 12 Minister may give directions to Chief Executive Officer (1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia's functions. (2) Directions given by the Minister under subsection (1) must be of a general nature only. (3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1). 13 Delegation (1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing. Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013. (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer. Division 2—Appointment etc. of Chief Executive Officer 14 Appointment of Chief Executive Officer (1) The Chief Executive Officer is to be appointed by the Minister by written instrument. (2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis. 15 Term of appointment The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. 16 Acting appointments The Minister may appoint a person to act as the Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 17 Chief Executive Officer's remuneration (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed. (2) The Chief Executive Officer is to be paid the allowances that are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 18 Outside employment The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer's office without the Minister's approval. 19 Leave of absence (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 21 Other terms and conditions The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. 22 Resignation The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation. 23 Termination of appointment (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity. (2) The Minister may terminate the appointment of the Chief Executive Officer if: (a) the Chief Executive Officer: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or (c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or (d) the Chief Executive Officer fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. Part 4—The Advisory Council Division 1—Role of Advisory Council 24 Establishment The Cancer Australia Advisory Council is established by this section. 25 Membership The Advisory Council consists of: (a) a Chair; and (b) up to 12 other members. 26 Function of Advisory Council The Advisory Council's function is to give advice to the Chief Executive Officer about the performance of Cancer Australia's functions. Division 2—Appointment etc. of members of Advisory Council 27 Appointment of members (1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument. (2) An Advisory Council member is to be appointed on a part‑time basis. 28 Term of appointment An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. 29 Acting appointments (1) The Minister may appoint an Advisory Council member to act as the Chair: (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. (2) The Minister may appoint a person to act as an Advisory Council member: (a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 30 Members' remuneration (1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed. (2) However, an Advisory Council member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of: (a) a State; or (b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or (c) a company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation. Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973. (3) An Advisory Council member is to be paid the allowances that are prescribed. (4) This section has effect subject to the Remuneration Tribunal Act 1973. 31 Leave of absence (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines. (2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines. 32 Disclosure of interests (1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business. (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 33 Other terms and conditions The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. 34 Resignation An Advisory Council member may resign his or her appointment by giving the Minister a written resignation. 35 Termination of appointment (1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity. (2) The Minister may terminate the appointment of an Advisory Council member if: (a) the Advisory Council member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or (c) the Advisory Council member fails, without reasonable excuse, to comply with: (i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or (ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. 36 Advisory Council procedures (1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council. (2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines. (3) A determination made under subsection (1) is not a legislative instrument. Part 4A—Application of the finance law 36A Application of the finance law For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following combination of bodies is a listed entity: (i) Cancer Australia; (ii) the Advisory Council; and (b) the listed entity is to be known as Cancer Australia; and (c) the Chief Executive Officer is the accountable authority of the listed entity; and (d) the following persons are officials of the listed entity: (i) the Chief Executive Officer; (ii) the staff of Cancer Australia referred to in section 8; (iii) the Advisory Council members; (iv) consultants engaged under section 9; and (e) the purposes of the listed entity include: (i) the functions of Cancer Australia referred to in section 7; and (ii) the responsibility of the Chief Executive Officer referred to in section 11; and (iii) the function of the Advisory Council referred to in section 26. Part 5—Reporting 37 Annual report The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council's operations during the period. Part 6—Miscellaneous 38 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Endnotes Endnote 1—About the endnotes The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments Endnote 6—Modifications Endnote 7—Misdescribed amendments Endnote 8—Miscellaneous If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading. Abbreviation key—Endnote 2 The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law. Uncommenced amendments—Endnote 5 The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5. Modifications—Endnote 6 If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6. Misdescribed amendments—Endnote 7 An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7. Miscellaneous—Endnote 8 Endnote 8 includes any additional information that may be helpful for a reader of the compilation. Endnote 2—Abbreviation key ad = added or inserted pres = present am = amended prev = previous c = clause(s) (prev) = previously Ch = Chapter(s) Pt = Part(s) def = definition(s) r = regulation(s)/rule(s) Dict = Dictionary Reg = Regulation/Regulations disallowed = disallowed by Parliament reloc = relocated Div = Division(s) renum = renumbered exp = expired or ceased to have effect rep = repealed hdg = heading(s) rs = repealed and substituted LI = Legislative Instrument s = section(s) LIA = Legislative Instruments Act 2003 Sch = Schedule(s) mod = modified/modification Sdiv = Subdivision(s) No = Number(s) SLI = Select Legislative Instrument o = order(s) SR = Statutory Rules Ord = Ordinance Sub‑Ch = Sub‑Chapter(s) orig = original SubPt = Subpart(s) par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s) Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Cancer Australia Act 2006 35, 2006 3 May 2006 3 May 2006 Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Schedule 2 (items 318–322) and Schedule 3 (items 10, 11): 27 Dec 2011 Sch. 3 (items 10, 11) Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 6 (item 32) and Sch 8 (items 13–18): (a) — (a) Subsection 2(1) (item 6) of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 6. Schedules 6 to 12 Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. 1 July 2014 Endnote 4—Amendment history Provision affected How affected Part 3 Div 1 Note to s 13(1)............. rs No 62, 2014 Division 2 s. 16.................... am. No. 46, 2011 Note to s. 16............... ad. No. 46, 2011 s 20.................... rep No 62, 2014 s 23.................... am No 62, 2014 Part 4 Division 2 s. 29.................... am. No. 46, 2011 Notes to s. 29(1), (2) ......... ad. No. 46, 2011 s 32.................... am No 62, 2014 s 35.................... am No 62, 2014 Pt 4 Pt 4A................... ad No 62, 2014 s 36A................... ad No 62, 2014 Pt 5 s 37.................... rs No 62, 2014 Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous [none]