HEALTH SERVICES ACT 1997 - SECT 126G
Directions by Minister in relation to acquisition of services
HEALTH SERVICES ACT 1997 - SECT 126G
Directions by Minister in relation to acquisition of services
126G Directions by Minister in relation to acquisition of services
(1) The
Minister may, by order in writing, from time to time--
(a) require a public
health organisation to acquire specified services from the Health Secretary or
some other specified person if and when such services are required, and
(b)
give a public health organisation any necessary directions for the purposes of
paragraph (a).
(2) The following conduct is specifically authorised by this
Act for the purposes of the Competition and Consumer Act 2010 of the
Commonwealth and the Competition Code of New South Wales --
(a) a requirement
or direction of the Minister given under subsection (1),
(b) the entering or
making of a contract, agreement, arrangement or understanding as the result of
such a requirement or direction,
(c) conduct authorised or required by or
under the terms or conditions of any such contract, agreement, arrangement or
understanding,
(d) any conduct of the Health Secretary in carrying out the
Health Secretary's functions or exercising the Health Secretary's powers under
this Part,
(e) any conduct of a public health organisation, its agents, a
person concerned in the management of the organisation or a person who is
engaged or employed by the organisation--
(i) in relation to obtaining
services in accordance with this Part, or
(ii) in complying with a
requirement or direction of the Minister given under subsection (1).
(3)
Conduct authorised by subsection (2) is authorised only to the extent (if any)
that it would otherwise contravene Part IV of the Competition and Consumer
Act 2010 of the Commonwealth and the Competition Code of New South Wales .
