Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025

No. 62, 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

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendment of the Biosecurity Act 2015

Biosecurity Act 2015

Part 2—Amendment of the National Health Security Act 2007

National Health Security Act 2007

Part 3—Amendment of the National Occupational Respiratory Disease Registry Act 2023

National Occupational Respiratory Disease Registry Act 2023

Part 4—Amendment of the Freedom of Information Act 1982

Freedom of Information Act 1982

Part 5—Repeal of the Australian National Preventive Health Agency Act 2010

Australian National Preventive Health Agency Act 2010

Schedule 2—Application, saving and transitional provisions

Part 1—General provisions

Part 2—Provisions relating to the amendment of the Biosecurity Act 2015

Part 3—Provisions relating to the amendment of the National Health Security Act 2007

Part 4—Provisions relating to the amendment of the National Occupational Respiratory Disease Registry Act 2023

Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025

No. 62, 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

[Assented to 10 November 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025.

2  Commencement

 (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.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendment of the Biosecurity Act 2015

Biosecurity Act 2015

1  Subsection 9(1)

Insert:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

2  Section 33

Omit “Director of Human Biosecurity”, substitute “Director‑General of the CDC”.

3  Subsection 42(1)

Omit “Director of Human Biosecurity may, in writing, determine that a human disease is a listed human disease if the Director”, substitute “Director‑General of the CDC may, in writing, determine that a human disease is a listed human disease if the Director‑General”.

4  Subsection 42(2)

Omit “Director of Human Biosecurity”, substitute “Director‑General of the CDC”.

5  At the end of subsection 42(2)

Add:

 ; and (c) the Director of Human Biosecurity.

6  At the end of section 114

Add:

 ; and (c) the Director‑General of the CDC.

7  Subsection 169(5)

Omit “Director of Human Biosecurity”, substitute “Director‑General of the CDC”.

8  Subsection 544(1)

Omit “Commonwealth Chief Medical Officer”, substitute “Health Secretary”.

9  Section 544A

Repeal the section, substitute:

544A  Delegation of Director’s functions or powers

 (1) The Director of Human Biosecurity may, in writing, delegate any or all of the Director’s functions or powers under this Act to an SES employee, or an acting SES employee, in the Health Department.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.

 (2) The functions or powers that may be delegated under subsection (1) include functions or powers the Director of Human Biosecurity has as an authorised applicant or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act.

 (3) However, the Director of Human Biosecurity must not delegate the Director’s functions or powers under any of the following provisions:

 (a) section 113 (human health response zones);

 (b) section 570 (issuing identity cards);

 (c) section 618 (declared movements).

 (4) Also, the Director of Human Biosecurity may delegate a function or power under Part 3 of Chapter 2 (human biosecurity control orders) only to an SES employee, or an acting SES employee, in the Health Department who is a human biosecurity officer.

 (5) A human biosecurity officer cannot, under a delegation to which subsection (4) applies, perform a function or exercise a power under section 72 in relation to a human biosecurity control order if the human biosecurity officer:

 (a) imposed the order under paragraph 60(1)(b); or

 (b) made the request under subsection 71(3) in relation to the order.

 (6) In performing any functions or exercising any powers under a delegation made under subsection (1), the delegate must comply with any directions of the Director of Human Biosecurity.

10  After subparagraph 563(1)(a)(i)

Insert:

 (ia) an officer or employee of the Australian Centre for Disease Control; or

11  Subsection 570(1)

Omit “Health Secretary”, substitute “Director of Human Biosecurity”.

12  Paragraph 570(1)(a)

Repeal the paragraph.

13  Paragraph 570(2)(a)

Omit “Health Secretary”, substitute “Director of Human Biosecurity”.

14  After paragraph 644(6)(da)

Insert:

 (db) the Director‑General of the CDC;

15  After paragraph 644(6)(i)

Insert:

 (ia) an officer or employee of the Australian Centre for Disease Control;

Part 2—Amendment of the National Health Security Act 2007

National Health Security Act 2007

16  Subsection 3(1)

Insert:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

17  Subsection 3(1) (definition of Secretary)

Repeal the definition.

18  Paragraph 11(5)(a)

Omit “Commonwealth Chief Medical Officer”, substitute “Director‑General of the CDC”.

19  Subsection 12(1)

Omit “Commonwealth Chief Medical Officer” (first occurring), substitute “Director‑General of the CDC”.

20  Subsection 12(1)

Omit “Commonwealth Chief Medical Officer” (second occurring), substitute “Director‑General”.

21  Paragraph 12(3)(a)

Omit “Commonwealth Chief Medical Officer”, substitute “Director‑General of the CDC”.

22  Paragraph 12(6)(a)

Omit “Commonwealth Chief Medical Officer”, substitute “Director‑General of the CDC”.

23  After section 24

Insert:

24A  Defence for use of information authorised under the Australian Centre for Disease Control Act 2025

  Section 21 does not apply if:

 (a) a person obtains protected information; and

 (b) the person makes a record of, or discloses or otherwise uses, the information; and

 (c) the record, disclosure or use is authorised under the Australian Centre for Disease Control Act 2025.

Note: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.

24  Subsection 28(1)

Omit all the words after “Part”, substitute:

  to any of the following:

 (a) an SES employee, or an acting SES employee, in the Department;

 (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.

25  Subsection 29(2)

Omit “of the Department”, substitute “prepared by the Director‑General of the CDC and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013”.

26  Section 34 (heading)

Omit “Department’s”, substitute “Australian Centre for Disease Control’s”.

27  Section 34

Omit “Department’s”, substitute “Australian Centre for Disease Control’s”.

28  After paragraph 92(a)

Insert:

 (aa) the Australian Centre for Disease Control Act 2025; or

29  Subsection 94(1)

Omit all the words after “Part”, substitute:

  to any of the following:

 (a) an SES employee, or an acting SES employee, in the Department;

 (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.

30  Amendments of listed provisions—substituting references to Secretary with references to Director‑General of the CDC

Part 3—Amendment of the National Occupational Respiratory Disease Registry Act 2023

National Occupational Respiratory Disease Registry Act 2023

31  Section 8

Insert:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

32  Section 8 (definition of Secretary)

Repeal the definition.

33  Paragraph 28(2)(a)

Omit “Secretary”, substitute “Director‑General of the CDC”.

34  Paragraph 28(2)(b)

Omit “Department”, substitute “Australian Centre for Disease Control”.

35  Subsection 31(1)

Omit “Secretary”, substitute “Director‑General of the CDC”.

36  Paragraph 32(1)(b)

Omit “Department”, substitute “Australian Centre for Disease Control”.

37  Subsection 32(2)

Repeal the subsection.

38  Subsection 32(3)

Omit “or 31(2)”.

39  Subsection 32(3)

Omit “Department”, substitute “Australian Centre for Disease Control”.

40  Amendments of listed provisions—substituting references to Commonwealth Chief Medical Officer with references to Director‑General of the CDC

Part 4—Amendment of the Freedom of Information Act 1982

Freedom of Information Act 1982

41  Schedule 3

Before:

insert:

Part 5—Repeal of the Australian National Preventive Health Agency Act 2010

Australian National Preventive Health Agency Act 2010

42  The whole of the Act

Repeal the Act.

Schedule 2—Application, saving and transitional provisions

Part 1—General provisions

1  Definitions

(1) In this Schedule:

Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.

Department of Health and Aged Care Enterprise Agreement means the Department of Health and Aged Care Enterprise Agreement 2024–2027 approved under the Fair Work Act 2009 on 18 January 2024, as in force immediately before the transition time.

Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the Australian Centre for Disease Control Act 2025.

Health Secretary means the Secretary of the Health Department.

new Biosecurity Act means the Biosecurity Act 2015 as in force at and after the transition time.

new NHS Act means the National Health Security Act 2007 as in force at and after the transition time.

new NORDR Act means the National Occupational Respiratory Disease Registry Act 2023 as in force at and after the transition time.

old Biosecurity Act means the Biosecurity Act 2015 as in force at any time before the transition time.

old NHS Act means the National Health Security Act 2007 as in force at any time before the transition time.

old NORDR Act means the National Occupational Respiratory Disease Registry Act 2023 as in force at any time before the transition time.

transitional rules means rules made under item 5.

transition time means the time this Schedule commences.

(2) Expressions used in this Schedule that are defined for the purposes of the Australian Centre for Disease Control Act 2025 have the same meaning as in that Act.

2  Transitional—transfer of documents

(1) This item applies to any records or documents that:

 (a) relate to a function or power of the Director‑General of the CDC under:

 (i) the Australian Centre for Disease Control Act 2025; or

 (ii) the Biosecurity Act 2015; or

 (iii) the National Health Security Act 2007; or

 (iv) the National Occupational Respiratory Disease Registry Act 2023; and

 (b) immediately before the transition time, were in the possession of:

 (i) the Health Secretary; or

 (ii) the Commonwealth Chief Medical Officer; or

 (iii) an APS employee in the Health Department; or

 (iv) a delegate of the Health Secretary or the Commonwealth Chief Medical Officer.

(2) The records and documents are to be transferred to the Director‑General of the CDC after the transition time.

Note: Any records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.

(3) The transitional rules may provide that:

 (a) subitem (2) does not apply to specified records or documents; or

 (b) subitem (2) does not apply to records or documents that relate to a specified function or power of the Director‑General of the CDC.

(4) Subitem (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

3  Enterprise Agreement

(1) The Department of Health and Aged Care Enterprise Agreement:

 (a) continues, at and from the transition time, to cover and apply to APS employees:

 (i) who it covered and applied to immediately before the transition time; and

 (ii) who, at the transition time, are members of the staff of the Australian Centre for Disease Control; and

 (b) covers and applies to APS employees who are at the classification levels covered by the Department of Health and Aged Care Enterprise Agreement whose employment as a member of the staff of the Australian Centre for Disease Control commences at or after the transition time.

(2) At and after the transition time, the Department of Health and Aged Care Enterprise Agreement covers and applies to the Director‑General of the CDC as the Agency Head of the APS employees who are members of the staff of the Australian Centre for Disease Control.

(3) This item does not prevent the variation or termination of the Department of Health and Aged Care Enterprise Agreement in accordance with law.

(4) This item does not prevent the terms and conditions of employment of APS employees who are members of the staff of the Australian Centre for Disease Control from being varied at or after the transition time:

 (a) in accordance with those terms and conditions; or

 (b) by or under a law.

(5) This item does not affect the operation of section 58 of the Fair Work Act 2009.

Note: Section 58 of that Act deals with the interaction between one or more enterprise agreements.

4  References in Enterprise Agreement

(1) At and from the transition time, the Department of Health and Aged Care Enterprise Agreement has effect in relation to the Australian Centre for Disease Control as if:

 (a) a reference to the Secretary were a reference to the Director‑General of the CDC; and

 (b) a reference to the Department of Health and Aged Care, or the Department, were a reference to the Australian Centre for Disease Control.

(2) To avoid doubt, this item does not prevent the Department of Health and Aged Care Enterprise Agreement from being varied or terminated at or after the transition time.

5  Transitional rules

(1) The Health Minister may, by legislative instrument, make rules prescribing matters:

 (a) required or permitted by this Act to be prescribed by the rules; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:

 (a) the amendments or repeals made by this Act; or

 (b) the enactment of the Australian Centre for Disease Control Act 2025.

(3) Without limiting subitem (2), rules made for the purposes of that subitem before the end of the period of 12 months starting at the transition time may modify the operation of the provisions of this Act or the Australian Centre for Disease Control Act 2025 or any other Act or instrument.

(4) To avoid doubt, the rules may not do the following:

 (a) create an offence or civil penalty;

 (b) provide powers of:

 (i) arrest or detention; or

 (ii) entry, search or seizure;

 (c) impose a tax;

 (d) set an amount to be appropriated from the Consolidated Revenue Fund;

 (e) directly amend the text of this Act or the Australian Centre for Disease Control Act 2025.

(5) This Schedule (other than subitem (4)) does not limit the rules that may be made for the purposes of subitem (1).

Part 2—Provisions relating to the amendment of the Biosecurity Act 2015

6  Things done by, or in relation to, the Commonwealth Chief Medical Officer

(1) If, before the transition time, a thing was done by, or in relation to, the Commonwealth Chief Medical Officer, in the capacity of the Director of Human Biosecurity, for the purposes of:

 (a) the old Biosecurity Act; or

 (b) a legislative instrument made under the old Biosecurity Act;

then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Health Secretary in the capacity of the Director of Human Biosecurity.

(2) Subitem (1) does not apply in relation to a determination made under subsection 42(1) of the old Biosecurity Act.

(3) The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Commonwealth Chief Medical Officer, in the capacity of the Director of Human Biosecurity.

7  Saving of identity cards

(1) An identity card issued to a chief human biosecurity officer or a human biosecurity officer under subsection 570(1) of the old Biosecurity Act before the transition time is taken, after that time, to have been issued under that subsection of the new Biosecurity Act.

(2) If, immediately before the transition time, a form was approved by the Health Secretary for the purposes of paragraph 570(2)(a) of the old Biosecurity Act, the form is taken, at and after the transition time, to be approved by the Health Secretary, in the capacity of the Director of Human Biosecurity, for the purposes of that paragraph of the new Biosecurity Act.

8  Saving of listed human disease determinations

(1) This item applies if a determination made under subsection 42(1) of the old Biosecurity Act is in force immediately before the transition time.

(2) The determination has effect, at and after the transition time, as if it had been made by the Director‑General of the CDC in accordance with section 42 of the new Biosecurity Act.

9  Transitional—transfer of documents to Health Secretary

(1) This item applies to any records or documents that:

 (a) relate to a function or power of the Director of Human Biosecurity under the Biosecurity Act 2015 (other than section 42 or 169 of that Act); and

 (b) immediately before the transition time, were in the possession of:

 (i) the Commonwealth Chief Medical Officer; or

 (ii) an APS employee in the Health Department; or

 (iii) a delegate of the Commonwealth Chief Medical Officer.

(2) The records and documents are to be transferred to the Health Secretary after the transition time.

Note: Any records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.

(3) The transitional rules may provide that:

 (a) subitem (2) does not apply to specified records or documents; or

 (b) subitem (2) does not apply to records or documents that relate to a specified function or power of the Director of Human Biosecurity.

(4) Subitem (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

10  Saving of delegations

Despite the repeal and substitution of section 544A of the Biosecurity Act 2015 a delegation under that section that was in force immediately before the transition time continues in force after that time as if it were made under section 544A of the new Biosecurity Act.

Part 3—Provisions relating to the amendment of the National Health Security Act 2007

11  Things done by, or in relation to, the Health Secretary

(1) If, before the transition time, a thing was done by, or in relation to, the Health Secretary for the purposes of:

 (a) the old NHS Act; or

 (b) a legislative instrument made under the old NHS Act;

then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Director‑General of the CDC.

(2) The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Health Secretary.

12  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.

(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.

(5) In this item:

instrument includes:

 (a) a contract, deed, undertaking, arrangement or agreement; and

 (b) a notice, authority, order or instruction; and

 (c) an instrument made under the old NHS Act or regulations made under the old NHS Act.

13  Legal proceedings involving the Health Secretary

If, immediately before the transition time, the Health Secretary was a party to proceedings relating to the old NHS Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Secretary as a party to the proceedings at and after that time.

14  Temporary additions to the National Notifiable Disease List

If, immediately before the transition time:

 (a) a variation of the National Notifiable Disease List was in force under subsection 12(1) of the old NHS Act; and

 (b) the variation was made by the Commonwealth Chief Medical Officer;

then the variation has effect, at and after the transition time, as if it had been made by the Director‑General of the CDC.

Part 4—Provisions relating to the amendment of the National Occupational Respiratory Disease Registry Act 2023

15  Things done by, or in relation to, the Commonwealth Chief Medical Officer

(1) If, before the transition time, a thing was done by, or in relation to, the Commonwealth Chief Medical Officer for the purposes of:

 (a) the old NORDR Act; or

 (b) a legislative instrument made under the old NORDR Act;

then the thing has effect, at and after the transition time, as if it had been done by, or in relation to, the Director‑General of the CDC.

(2) The transitional rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Commonwealth Chief Medical Officer.

16  References to the Commonwealth Chief Medical Officer in instruments

(1) This item applies to an instrument if:

 (a) the instrument was made under the old NORDR Act; and

 (b) the instrument was in force immediately before the transition time; and

 (c) the instrument contains a reference to the Commonwealth Chief Medical Officer.

(2) 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.

(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.

(5) In this item:

instrument includes:

 (a) a contract, deed, undertaking, arrangement or agreement; and

 (b) a notice, authority, order or instruction; and

 (c) an instrument made under the old NORDR Act or rules made under the old NORDR Act.

17  Legal proceedings involving the Commonwealth Chief Medical Officer or Health Secretary

(1) If, immediately before the transition time, the Commonwealth Chief Medical Officer was a party to proceedings relating to the old NORDR Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Commonwealth Chief Medical Officer as a party to the proceedings at and after that time.

(2) If, immediately before the transition time, the Health Secretary was a party to proceedings relating to the old NORDR Act that were pending in any court or tribunal, the Director‑General of the CDC is substituted for the Health Secretary as a party to the proceedings at and after that time.

[Minister’s second reading speech made in—

House of Representatives on 3 September 2025

Senate on 27 October 2025]