Australian Capital Territory Consolidated Acts

EPIDEMIOLOGICAL STUDIES (CONFIDENTIALITY) ACT 1992 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACT

              •     Commonwealth

              •     State

              •     the Territory.

"Canberra drug users study" means the Territory epidemiological study known as Canberra Drug Users, Their Networks and HIV: Establishing Risks and Harm Minimisation Strategies, being the study that—

        (a)     relates to the networks, the infection with human immunodeficiency virus, the risks and the strategies for minimising the risks, of drug users in the ACT; and

        (b)     is conducted by Phyll Dance of the National Centre for Epidemiology and Population Health; and

        (c)     commenced in January 1990.

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions, but does not include the ombudsman.

"document", concerning the affairs of a person—see section 3 (3).

"epidemiological study" means a study of—

        (a)     the incidence or distribution, within the population of a country, or a part of a country, or within a particular group of persons, or within a sample or sub-sample of such a population or group, of—

              (i)     a disease; or

              (ii)     a physical or mental state; or

              (iii)     a condition, circumstance, occurrence, activity, form of behaviour, course of conduct, or state of affairs, that is or may be disadvantageous to, or result in a disadvantage to, the person concerned or to the community; or

        (b)     the factors responsible for such an incidence or distribution, or both, and includes a series of such studies.

"information", concerning the affairs of a person—see section 3 (2).

"person", who has assisted, or is assisting, in the conduct of an epidemiological study—see section 3 (1).

"prescribed study" means—

        (a)     the Canberra drug users study; or

        (b)     a Territory epidemiological study declared by the regulations to be a study to which this Act applies.

"Territory epidemiological study" means an epidemiological study conducted in the ACT.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Epidemiological Studies (Confidentiality) Act 1992 No 26

notified 26 June 1992 (Gaz 1992 No S89)

s 1, s 2 commenced 26 June 1992 (s 2 (1))

remainder (ss 3-14) commenced 28 October 1992 (s 2 (2) and Gaz 1992 No S188)

as amended by

Epidemiological Studies (Confidentiality) (Amendment) Act 1992 No 78

notified 24 December 1992 (Gaz 1992 No S236)

commenced 24 December 1992 (s 2)

Ombudsman (Amendment) Act 1996 No 17 s 12

notified 1 May 1996 (Gaz 1992 No S71)

s 12 commenced 1 May 1996 (s 2)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1992 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Legislation (Consequential Amendments) Act 2001 No 44 pt 132

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 132 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.39

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.39 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.203

Dictionary
s 2     om 2001 No 44 amdt 1.1574
    ins A2007-3 amdt 3.205

Notes
s 2A     ins A2007-3 amdt 3.205

References to certain things
s 3     defs reloc to dict A2007-3 amdt 3.204
    sub A2007-3 amdt 3.205

Secrecy relating to prescribed studies
s 4     am 1998 No 54 sch

Secrecy relating to certain documents
s 6     am 1998 No 54 sch

Oaths and declarations of secrecy
s 10     am 1998 No 54 sch

Regulation-making power
s 14     sub 2001 No 44 amdt 1.1575

Dictionary
dict     ins A2007-3 amdt 3.206
    def Canberra drug users study sub 1992 No 78 s 4
    reloc from s 3 A2007-3 amdt 3.204
    def court am 1996 No 17 s 12
    reloc from s 3 A2007-3 amdt 3.204
    def document ins A2007-3 amdt 3.206
    def epidemiological study reloc from s 3 A2007-3 amdt 3.204
    def information ins A2007-3 amdt 3.206
    def person ins A2007-3 amdt 3.206
    def prescribed study reloc from s 3 A2007-3 amdt 3.204
    def Territory epidemiological study reloc from s 3 A2007-3 amdt 3.204

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1992 No 78	31 August 1993
2	Act 1998 No 54	31 March 1999
3	A2001-44	31 January 2002

© Australian Capital Territory 2007

Australian Capital Territory

A1992-26

Republication No 4

Effective: 12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007-3





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Epidemiological Studies (Confidentiality) Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Epidemiological Studies (Confidentiality) Act 1992

Epidemiological Studies (Confidentiality) Act 1992