Cancer Registry Act 1993

1: Short Title and commencement
1: This Act may be cited as the Cancer Registry Act 1993.
2: This Act shall come into force on 1 July 1994.
2: Interpretation
In this Act, unless the context otherwise requires,— cancer
a: means a malignant growth of human tissue that, if unchecked,—
i: is likely to spread to adjacent tissue or beyond its place of origin; and
ii: may have the propensity to recur; and
b: without limiting the generality of paragraph (a), includes carcinoma-in-situ, carcinoma, sarcoma (including Kaposi's sarcoma), any mixed tumour, leukaemia, any type of lymphoma, and melanoma; but
c: does not include—
i: any secondary or metastatic cancer, except where the primary cancer is not identified:
ii: any type of cancer that is declared by regulations made under this Act to be a cancer to which this Act does not apply cancer test Director-General
3: Act to bind the Crown
This Act binds the Crown.
4: Maintenance of Cancer Registry
1: The Director-General shall maintain or arrange for the maintenance of a Cancer Registry.
2: The purposes of the Cancer Registry are—
a: to provide information on the incidence of, and mortality from, cancer; and
b: to provide a basis for cancer survival studies and research programmes.
5: Reporting of cancer
1: Where a cancer test indicates the presence of cancer in any person (including a deceased person), the person in charge of the laboratory where that test was carried out shall cause a report of that test to be made to the Director-General for the purposes of the Cancer Registry.
2: Where a post-mortem examination of any deceased person indicates the presence of cancer in that person, the person who carried out that examination shall cause a report of that examination to be made to the Director-General for the purposes of the Cancer Registry.
3: Every report under subsection (1) or subsection (2)—
a: shall be made within the prescribed time; and
b: shall be made in the prescribed form and manner.
4: No person is required to make a report under this section with respect to—
a: any cancer test that indicates the presence of cancer in any person (including a deceased person); or
b: any post-mortem examination of any deceased person that indicates the presence of cancer in that person— if the first-mentioned person has good reason to believe that the presence of that particular cancer in that other person has already been reported to the Director-General, whether in a report made under this section or pursuant to any arrangements that were in place before the commencement of this Act or otherwise.
6: Director-General may require supply of further information
1: Where any report made under section 5
2: Every person to whom a notice is given under this section and who has any of the information specified in that notice shall provide that information within such time, and in such form and manner, as may be specified in the notice.
3: In subsection (1), medical practitioner section 114(1)﻿(a) Section 6(3) added 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
7: Protection against actions
1: No proceedings, civil or criminal, shall lie against any person by reason of that person having made available any information for the purposes of complying with the requirements of section 5 section 6(2)
2: Nothing in subsection (1) applies in respect of proceedings for an offence against section 8
8: Offences
Every person commits an offence and is liable on
a: fails, without reasonable excuse, to comply with the requirements of section 5 section 6(2)
b: knowingly supplies information that is false or misleading in purported compliance with section 5 section 6(2) Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the form and manner in which reports are to be made to the Director-General under section 5
b: prescribing the time within which reports are to be made to the Director-General under section 5
c: declaring any type of cancer to be a cancer to which this Act does not apply:
d: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021