Commonwealth Consolidated Acts

AUSTRALIAN ORGAN AND TISSUE DONATION AND TRANSPLANTATION AUTHORITY ACT 2008 - SECT 11

  (1)   The functions of the Authority are:

  (a)   to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and

  (b)   to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and

  (c)   to support and encourage the implementation of:

  (i)   policies and protocols formulated under paragraph   (a); and

  (ii)   standards and codes of practice declared under paragraph   (b); and

  (d)   to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and

  (e)   to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and

  (f)   to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and

  (g)   to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and

  (h)   to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and

  (i)   to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and

  (j)   to advise the Minister about organ or tissue donation and transplantation matters; and

  (k)   to consult and co - operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and

  (l)   such other functions as are conferred on the Authority by this Act or any other law; and

  (m)   such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and

  (n)   to do anything incidental to or conducive to the performance of any of the above functions.

Note 1:   See also section   57 (compliance with policies, protocols, standards and codes is voluntary).

Note 2:   See also section   58 (protection of patient confidentiality).

Note 3:   See also sections   54 to 56 (terms and conditions of grants).

Note 4:   For variation and revocation of instruments made under paragraph   (a), (b) or (m), see subsection   33(3) of the Acts Interpretation Act 1901 .

Constitutional limits

  (2)   The Authority may perform its functions only:

  (a)   with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or

  (b)   with respect to the executive power of the Commonwealth; or

  (c)   with respect to statistics; or

  (d)   with respect to, or in, a Territory; or

  (e)   with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ); or

  (f)   with respect to trade and commerce:

  (i)   between Australia and places outside Australia; or

  (ii)   among the States; or

  (iii)   within a Territory, between a State and a Territory or between 2 Territories; or

  (g)   with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation's activities; or

  (h)   with respect to the provision of medical services; or

  (i)   with respect to a postal, telegraphic, telephonic or other like service; or

  (j)   with respect to the provision of a service to:

  (i)   the Commonwealth; or

  (ii)   an authority of the Commonwealth;

    for a purpose of the Commonwealth; or

  (k)   with respect to the implied power of the Parliament to make laws with respect to nationhood; or

  (l)   with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

  (2A)   A term used in subsection   (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.

Legislative instruments

  (3)   A policy or protocol formulated under paragraph   (1)(a) is not a legislative instrument.

  (4)   A standard or code of practice declared under paragraph   (1)(b) is not a legislative instrument.

  (5)   A declaration made under paragraph   (1)(b) is not a legislative instrument.

  (6)   An instrument made under paragraph   (1)(m) is not a legislative instrument.