Health Legislation Amendment (Modernising My Health Record - Sharing by Default) Act 2025 (8 of 2025)

Schedule 1   Main amendments

Part 1   My Health Records

My Health Records Act 2012

18   After Division 1 of Part 6

Insert:

Division 1A - Infringement notices

79A Infringement notices

Provisions subject to an infringement notice

(1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:

(a) subsection 41A(1);

(b) subsection 78C(4);

(c) subsection 78D(1).

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, an SES employee, or acting SES employee, in the Department authorised, in writing, by the Secretary of the Department for the purposes of this subsection is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary of the Department is the relevant chief executive in relation to the provisions mentioned in subsection (1).

(4) The relevant chief executive may, in writing, delegate the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to an SES employee, or acting SES employee, in the Department.

(5) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive.

Extension to external Territories

(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.