Health Legislation Amendment Bill 2025

An Act to amend the Hospital and Health Boards Act 2011 and the Tobacco and Other Smoking Products Act 1998 for particular purposes

1Short title

This Act may be cited as the Health Legislation Amendment Act 2025.

2Commencement

Part 2 commences on 1 April 2026.

3Act amended

This part amends the Hospital and Health Boards Act 2011.

4Amendment of s 23 (Membership of boards)

(1)Section 23(3), ‘clinicians’—
omit, insert—

HHS clinicians

(2)Section 23(5)—
omit.

5Amendment of s 24A (Temporary members of board)

(1)Section 24A(1)(c), ‘clinicians’—
omit, insert—

HHS clinicians

(2)Section 24A(6)—
omit.

6Amendment of s 25 (Chair and deputy chair)

(1)Section 25(1)(a) and (b)—
omit, insert—

(a)a member of a board, other than a member who is a HHS clinician, to be the chair of the board; and

(b)another member of the board, other than a member who is a HHS clinician, to be the deputy chair of the board.

(2)Section 25(4)—
insert—

(c)becomes a HHS clinician.

(3)Section 25(5)—
omit, insert—

(5)A person may continue to be a member of the board if the person stops holding office as the chair or deputy chair under subsection (4)(a) or (c).

7Amendment of s 28 (Removal from office of board members)

Section 28(e)—
insert—

(v)was appointed because the member was a HHS clinician and has stopped being a HHS clinician.

8Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

HHS clinician, in relation to a board established for a Service, means a person who—

(a)is a health professional registered under the Health Practitioner Regulation National Law, other than as a student; and

(b)is employed or engaged, to provide care or treatment to persons for an average of at least 8 hours per week, as—

(i)an employee of the Service; or

(ii)an employee in the department who works for the Service; or

(iii)a person who provides services for the Service under a contract of services; and

(c)has been employed or engaged as mentioned in paragraph (b) for at least 2 years.

9Act amended

This part amends the Tobacco and Other Smoking Products Act 1998.

10Amendment of s 37 (Cancellation)

(1)Section 37(2)(b), ‘disciplinary’—
omit.

(2)Section 37(2)(c), ‘stated disciplinary’—
omit.

11Amendment of s 38 (Immediate suspension without show cause notice)

Section 38(1)(a), ‘disciplinary’—
omit.

12Amendment of pt 11, div 4, hdg (Seizure of evidence)

Part 11, division 4, heading, from ‘of’—
omit, insert—

by authorised persons and forfeiture

13Insertion of new pt 11, div 4, sdiv 1, hdg

Before section 195—
insert—

Subdivision 1 Preliminary

14Insertion of new pt 11, div 4, sdiv 2, hdg

After section 196—
insert—

Subdivision 2 Power to seize

15Insertion of new pt 11, div 4, sdiv 3, hdg

After section 199—
insert—

Subdivision 3 Powers to support seizure

16Insertion of new pt 11, div 4, sdiv 4, hdg

After section 201—
insert—

Subdivision 4 Safeguards for seized things

17Insertion of new pt 11, div 4, sdiv 5, hdg

Before section 203—
insert—

Subdivision 5 Forfeiture

18Amendment of s 205 (Forfeiture of illicit tobacco or illicit nicotine product)

(1)Section 205, heading, from ‘illicit tobacco’—
omit, insert—

relevant product

(2)Section 205(1)(a) and (2)(a), ‘illicit tobacco or an illicit nicotine product’—
omit, insert—

a relevant product

(3)Section 205(4), before ‘owner’—
insert—

former

(4)Section 205(6)—
insert—

relevant product means—

(a)illicit tobacco; or

(b)

an illicit nicotine product mentioned in schedule 1, definition illicit nicotine product, paragraph (b).

19Amendment of s 205A (Forfeiture of bongs and ice pipes)

Section 205A(4), before ‘owner’—
insert—

former

20Insertion of new s 205B

After section 205A—
insert—

205B Forfeiture of vaping goods

(1)The chief executive may decide a seized thing is forfeited to the State if the chief executive—

(a)is satisfied the thing is vaping goods; and

(b)reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.

(2)If the chief executive decides the seized thing is forfeited to the State, the chief executive must give the former owner of the seized thing written notice of the decision and the reasons for the decision.

(3)The chief executive is not required to provide procedural fairness in giving the written notice.

(4)This section applies even if a proceeding involving the seized thing has started.

21Replacement of s 207 (Dealing with forfeited things etc.)

Section 207—
omit, insert—

Subdivision 6 Dealing with property forfeited or transferred to State

206A When thing becomes property of State

A thing becomes the property of the State if—

(a)the thing is forfeited to the State under subdivision 5; or

(b)the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.

207How property may be dealt with

(1)This section applies if, under section 206A, a thing becomes the property of the State.

(2)The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying the thing.

22Relocation and renumbering of s 208 (Return of seized things)

Section 208—
relocate to part 11, division 4, subdivision 4 and renumber as section 202B.

23Relocation and renumbering of s 209 (Access to seized things)

Section 209—
relocate to part 11, division 4, subdivision 4 and renumber as section 202A.

24Insertion of new s 223A

After section 223—
insert—

223A Recovery of costs from convicted person

(1)A court convicting a person of an offence against this Act may order the person to pay to the State costs reasonably incurred by the State because of the offence, including the following costs—

(a)the cost of testing, transporting, storing, dismantling, destroying or disposing of smoking products, ice pipes, bongs, illicit tobacco, illicit nicotine products or other evidence;

(b)the reasonable costs of investigating the offence;

(c)the reasonable costs of preparing for the prosecution of the offence.

(2)In deciding whether to make the order, the court may have regard to—

(a)the extent to which the person’s conduct during the investigation of the offence contributed to the costs being incurred; and

(b)whether the offence was committed, wholly or partly, for a commercial purpose; and

(c)any other relevant matter.

(3)An amount ordered to be paid under subsection (1) is a debt owing to the State.

(4)The power of the court under subsection (1) is in addition to any other power of the court under this Act or another law.

25Amendment of s 224 (Definition for division)

Section 224, definition forfeiture decision, paragraph (a), ‘illicit tobacco or an illicit nicotine product’—
omit, insert—

a relevant product

© State of Queensland 2025