A Bill for an Act to repeal certain Acts and provisions of Acts and to make various amendments of the statute law of the Commonwealth, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Omnibus Repeal Day (Spring 2014) Act 2014.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedules 1 to 6 | The day after this Act receives the Royal Assent. | |
| 3. Schedule 7, Part 1 | The day after this Act receives the Royal Assent. | |
| 4. Schedule 7, Part 2 | The 28th day after this Act receives the Royal Assent. | |
| 5. Schedule 7, Part 3 | The day after this Act receives the Royal Assent. | |
| 6. Schedule 7, items 9 to 130 | The day after this Act receives the Royal Assent. | |
| 7. Schedule 7, item 131 | The later of: (a) immediately after the commencement of the provisions covered by table item 6; and (b) immediately after the commencement of items 5 to 7 of Schedule 5 to the Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Act 2014. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 8. Schedule 7, items 132 to 145 | The day after this Act receives the Royal Assent. | |
| 9. Schedule 7, item 146 | The later of: (a) immediately after the commencement of the provisions covered by table item 6; and (b) immediately after the commencement of item 11 of Schedule 5 to the Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Act 2014. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 10. Schedule 7, items 147 to 181 | The day after this Act receives the Royal Assent. | |
| 11. Schedule 7, item 182 | The later of: (a) immediately after the commencement of the provisions covered by table item 10; and (b) immediately after the commencement of item 189 of Schedule 1 to the Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Act 2014. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 12. Schedule 7, items 183 to 214 | The day after this Act receives the Royal Assent. | |
| 13. Schedules 8 and 9 | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Agriculture
Part 1—Abolition of Fishing Industry Policy Council
Fisheries Administration Act 1991
1 Title
Omit “and a Fishing Industry Policy Council”.
2 Section 3
Repeal the section, substitute:
3 Simplified outline of this Act
This Act establishes a body corporate called the Australian Fisheries Management Authority.
The Authority has a variety of functions and objectives, relating to the management of fisheries on behalf of the Commonwealth. It consists of the CEO, the Commission and the AFMA staff members.
The Commission is responsible for domestic fisheries management functions and powers of the Authority. It consists of the Chairperson, the CEO and up to 7 additional part‑time members.
The CEO is responsible for foreign compliance functions and powers of the Authority and assisting the Commission.
The Minister may give directions to the Authority in exceptional circumstances and to the CEO about foreign compliance.
Committees may assist in the performance of the Authority’s functions and exercise of its powers.
The Act also deals with miscellaneous matters, such as consultation, planning and reporting, delegation and financial matters.
3 Subsection 4(1) (note)
Repeal the note.
4 Part 3
Repeal the Part.
Part 2—Obsolete farm support programs
Division 1—Main amendments
Rural Adjustment Act 1992
5 Section 3
Repeal the section, substitute:
3 Simplified outline of this Act
This Act establishes the National Rural Advisory Council and makes provision for administrative matters.
The Council has a Chairperson and up to 7 other members. The members have expertise in many fields, which may include economics, financial administration, banking, sustainable agriculture, regional adjustment, regional development, farm management and training. Some of its members represent the Commonwealth, the States and the National Farmers’ Federation.
Its function is to give the Minister requested advice and information about rural adjustment, regional issues, training issues and other matters.
It must give the Minister an annual report for each financial year.
6 Section 4 (definition of Farm Business Improvement Program)
Repeal the definition.
7 Section 4 (definition of person)
Repeal the definition.
8 Section 4 (definition of Rural Adjustment Scheme)
Repeal the definition.
9 Section 4 (definition of State component of the Rural Adjustment Scheme)
Repeal the definition.
10 Paragraph 8(b)
Omit “, and in particular matters relating to agreements with States under section 20E”.
11 Paragraph 8(c)
Repeal the paragraph.
12 Paragraph 8(d)
Omit “, and in particular the Farm Business Improvement Program”.
13 Subsection 20(1)
Omit “The report must include a report on the operation of the Rural Adjustment Scheme during the year.”.
14 Parts 3 to 5
Repeal the Parts.
15 Application provision
The amendment of section 20 of the Rural Adjustment Act 1992 made by this Part applies in relation to a report given to the Minister under that section on or after the commencement of this Part.
Division 2—Other amendments
Natural Heritage Trust of Australia Act 1997
16 Paragraph 18(b)
Omit “1992;”, substitute “1992.”.
17 Paragraph 18(d)
Repeal the paragraph.
18 Subsections 19(7) and 20(4)
Repeal the subsections (not including the notes).
19 Section 49 (heading)
Repeal the heading, substitute:
49 Appropriations for the purposes of the Natural Resources Management (Financial Assistance) Act 1992
20 Subsections 49(4) and (5)
Repeal the subsections.
Part 3—Other amendments
Australian Meat and Live‑stock Industry Act 1997
21 Subsections 63(1) and 64(1)
Repeal the subsections.
22 Subsection 65(1)
Omit “63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),”.
23 Subsection 65(2)
Omit “, 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)”.
24 Subsection 65(2)
Omit “, 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)”.
25 Subsection 65(3)
Omit “, 63(1)(a), 63(1)(h)”.
26 Subsection 65(3)
Omit “, 64(1A)(h), 64(1)(a) or 64(1)(h)”, substitute “or 64(1A)(h)”.
27 Paragraph 66(2)(a)
Omit “subsections 64(1A) and (1)”, substitute “subsection 64(1A)”.
Schedule 2—Communications
Part 1—Re‑transmission of programs
Broadcasting Services Act 1992
1 Subparagraph 212(1)(b)(ii)
Omit “ACMA; or”, substitute “ACMA.”.
2 Paragraph 212(1)(c)
Repeal the paragraph.
3 Paragraph 212(3)(d)
Omit “services; or”, substitute “services.”.
4 Paragraph 212(3)(e)
Repeal the paragraph.
Part 2—Amendments relating to consultation requirements
Broadcasting Services Act 1992
5 Subsection 87A(9)
Repeal the subsection.
6 Section 126
Repeal the section.
7 Subsections 130R(3), 130T(4), 130U(4), 130ZCA(5) and (6) and 130ZD(2)
Repeal the subsections.
8 Subclauses 68(3), 70(4) and 71(4) of Schedule 5
Repeal the subclauses.
9 Clause 77 of Schedule 5
Repeal the clause.
10 Clause 32 of Schedule 6
Repeal the clause.
11 Subclauses 91(3), 93(4) and 94(4) of Schedule 7
Repeal the subclauses.
12 Clauses 99 and 100 of Schedule 7
Repeal the clauses.
Interactive Gambling Act 2001
13 Subsections 44(3), 46(4) and 47(4)
Repeal the subsections.
Radiocommunications Act 1992
14 Subsections 44A(5) and (7)
Repeal the subsections.
Telecommunications Act 1997
15 Subsections 123(3), 125(4), 125AA(3), 125A(3) and 125B(3)
Repeal the subsections.
16 Sections 132 and 135
Repeal the sections.
17 Subsections 378(1) and (5)
Repeal the subsections.
18 Section 379
Repeal the section.
19 Subsections 382(1) and (5), 386(1) and (5), 405(1) and (5) and 422(1) and (5)
Repeal the subsections.
20 Sections 460 and 464
Repeal the sections.
21 Subsection 572E(8)
Repeal the subsection.
22 Saving provision
Despite a repeal of a provision made by this Part, any process begun, but not concluded, under that provision before the commencement of this Part must be concluded after that commencement in accordance with that provision as in force immediately before that commencement.
Part 3—Amendments relating to publication requirements
Division 1—Amendments
Broadcasting Services Act 1992
23 Section 127
Before “If”, insert “(1)”.
24 Section 127
Omit “in the Gazette”.
25 Paragraph 127(b)
Omit “purchased”, substitute “accessed”.
26 At the end of section 127
Add:
(2) A notice under subsection (1) must be published:
(a) on the ACMA’s website; and
(b) in one or more other forms that are readily accessible by the public.
Example: Publication in a form mentioned in paragraph (b) could be publication on a website other than the ACMA’s website.
27 Clause 33 of Schedule 6
Before “If”, insert “(1)”.
28 Clause 33 of Schedule 6
Omit “in the Gazette”.
29 Paragraph 33(b) of Schedule 6
Omit “purchased”, substitute “accessed”.
30 At the end of clause 33 of Schedule 6
Add:
(2) A notice under subclause (1) must be published:
(a) on the ACMA’s website; and
(b) in one or more other forms that are readily accessible by the public.
Example: Publication in a form mentioned in paragraph (b) could be publication on a website other than the ACMA’s website.
Division 2—Application provisions
31 Application of amendments—section 127 of the Broadcasting Services Act 1992
The amendments of section 127 of the Broadcasting Services Act 1992 made by this Part do not apply in relation to a determination, variation or revocation of a standard if a notice relating to that determination, variation or revocation was published under that section before the commencement of this item.
32 Application of amendments—clause 33 of Schedule 6 to the Broadcasting Services Act 1992
The amendments of clause 33 of Schedule 6 to the Broadcasting Services Act 1992 made by this Part do not apply in relation to a determination, variation or revocation of a standard if a notice relating to that determination, variation or revocation was published under that clause before the commencement of this item.
Schedule 3—Environment
Part 1—Abolition of the Product Stewardship Advisory Group
Product Stewardship Act 2011
1 Section 6 (definition of Advisory Group)
Repeal the definition.
2 Section 108B
Repeal the section.
3 Schedule 1
Repeal the Schedule.
Part 2—Abolition of the Oil Stewardship Advisory Council
Product Stewardship (Oil) Act 2000
4 Subsection 6(1) (definition of Advisory Council)
Repeal the definition.
5 Subsection 6(1) (definition of voting member)
Repeal the definition.
6 Subsection 10(4)
Omit “The Minister may also take into consideration any relevant recommendation made to the Minister by the Advisory Council.”.
7 Part 3
Repeal the Part.
8 Saving provision—protection from civil actions
Despite the repeal of Part 3 of the Product Stewardship (Oil) Act 2000 by this Part, section 31 of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an act done or omitted to be done before that commencement by a member of the Oil Stewardship Advisory Council.
Part 3—Fuel quality standards amendments
Fuel Quality Standards Act 2000
9 Subsection 4(1) (definition of Fuel Standards Consultative Committee)
Repeal the definition.
10 Section 11
Omit “In some cases, notification, rather than consultation, is required.”.
11 Subsection 13(2) (note)
Repeal the note.
12 Subsection 13(5)
Repeal the subsection.
13 Subsection 14(3)
Repeal the subsection, substitute:
(3) If an application for an approval (other than an emergency approval) is made, the Minister must cause to be published on the Department’s website a notice:
(a) stating the name of the applicant; and
(b) stating the period for which the variation is sought; and
(c) stating details of the variation sought; and
(d) inviting public submissions on the variation sought; and
(e) stating how submissions are to be made and stating that submissions must be made within a period specified in the notice (which must not be more than 28 days after the publication of the notice).
(4) In deciding whether to grant an approval, the Minister must consider any submissions that are received within the period specified in the notice under subsection (3).
14 Section 17A
Omit “in the Gazette”, substitute “on the Department’s website”.
15 At the end of subsection 17C(1)
Add:
Note: See section 17DA for consultation requirements.
16 At the end of subsection 17D(1)
Add:
Note: See section 17DA for consultation requirements.
17 Paragraph 17D(2)(b)
Omit “in the Gazette”, substitute “on the Department’s website”.
18 After section 17D
Insert:
17DA Public consultation for certain variations
(1) Before varying an approval under section 17C or 17D, the Minister must cause to be published on the Department’s website a notice:
(a) stating the name of the person to whom the approval was granted; and
(b) stating the nature of the proposed variation; and
(c) stating the period of operation of the approval; and
(d) inviting public submissions on the proposed variation; and
(e) stating how submissions are to be made and stating that submissions must be made within a period specified in the notice (which must not be more than 28 days after the publication of the notice).
(2) In deciding whether to vary an approval under section 17C or 17D, the Minister must consider any submissions that are received within the period specified in the notice under subsection (1).
(3) This section does not apply to a variation under section 17D that is of a minor nature.
19 Subsection 17E(3)
Omit “in the Gazette”, substitute “on the Department’s website”.
20 Subsection 17F(1) (note)
Repeal the note.
21 Subsection 17F(5)
Omit “in the Gazette”, substitute “on the Department’s website”.
22 Sections 24 to 29
Repeal the sections.
23 Subsection 33(1)
Omit “in the Gazette”, substitute “on the Department’s website”.
24 Section 67
Repeal the section.
25 Application and saving provisions
(1) The amendments of sections 13 and 14 of the Fuel Quality Standards Act 2000 made by this Part apply in relation to:
(a) an application under section 14 of that Act made on or after the commencement of this item; or
(b) an application under section 14 of that Act made before the commencement of this item, where before that commencement the Fuel Standards Consultative Committee had not been consulted about the application.
(2) The amendment of section 17A of the Fuel Quality Standards Act 2000 made by this Part applies in relation to an approval granted on or after the commencement of this item.
(3) The amendments of paragraph 17D(2)(b) and subsections 17E(3) and 17F(5) of the Fuel Quality Standards Act 2000 made by this Part apply in relation to a variation made on or after the commencement of this item.
(4) Section 17DA of the Fuel Quality Standards Act 2000, as amended by this Act, applies in relation to a variation made on or after the commencement of this item, unless before that commencement the Fuel Standards Consultative Committee had been consulted about the variation.
(5) The repeal of section 67 of the Fuel Quality Standards Act 2000 made by this Part applies in relation to each calendar year that ends after the commencement of this item.
(6) Despite the amendments made by this Part, the Fuel Quality Standards Act 2000, as in force immediately before the commencement of this item, continues in force on and after that commencement in relation to the following:
(a) an application made under section 14 of that Act before that commencement, where before that commencement the Fuel Standards Consultative Committee had been consulted about the application but had not made any recommendations arising out of the consultation;
(b) a variation proposed under Subdivision B of Division 3 of Part 2 of that Act, where before that commencement the Fuel Standards Consultative Committee had been consulted about the variation but had not made any recommendations arising out of the consultation.
(7) For the purposes of subitem (6), the Fuel Standards Consultative Committee is taken to continue in existence and sections 25 to 29 of the Fuel Quality Standards Act 2000 are taken to continue in force.
Part 4—Hazardous waste amendments
Hazardous Waste (Regulation of Exports and Imports) Act 1989
26 Section 4 (definition of Basel Convention)
Omit “(a copy of the English text of which is set out in the Schedule)”, substitute “, as amended and in force for Australia from time to time”.
27 Section 4 (at the end of the definition of Basel Convention)
Add:
Note: The Convention is in Australian Treaty Series 1992 No. 7 ([1992] ATS 7) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
28 At the end of subsection 13A(1)
Add:
Note: If a transit proposal is in connection with the movement of hazardous waste from one OECD country to another OECD country, a transit permit may not be required for that proposal: see paragraph 40A(1)(b).
29 Subsection 18A(2)
Repeal the subsection, substitute:
(2) Despite subsection (1), the Minister may grant a Basel export permit in the circumstances described in that subsection if the Minister is satisfied that there are exceptional circumstances.
30 Subsection 20(1)
Repeal the subsection, substitute:
(1) A Basel import permit must specify:
(a) the name of the holder of the permit; and
(b) the kind of hazardous waste to be imported; and
(c) the quantity of hazardous waste to be imported; and
(d) the foreign country from which the hazardous waste is to be imported; and
(e) the time at which, or period during which, the hazardous waste is to be imported.
31 Subsection 21(1)
Repeal the subsection, substitute:
(1) A Basel export permit must specify:
(a) the name of the holder of the permit; and
(b) the kind of hazardous waste to be exported; and
(c) the quantity of hazardous waste to be exported; and
(d) the foreign country to which the hazardous waste is to be exported; and
(e) the time at which, or period during which, the hazardous waste is to be exported.
32 Section 33 (heading)
Repeal the heading, substitute:
33 Publication of certain particulars on Department’s website
33 Subsection 33(1)
Omit “in the Gazette”, substitute “on the Department’s website”.
34 Subsection 40A(1)
Repeal the subsection, substitute:
Prohibition of bringing waste into Australia
(1) A person must not bring hazardous waste into Australia (whether or not by way of import) in the course of carrying out a transit proposal unless:
(a) the person is the holder of a transit permit authorising the person to bring the waste into Australia; or
(b) the carrying out of the transit proposal is in connection with the movement of hazardous waste from one OECD country to another OECD country and the Minister has notified the person in writing that the person does not require a transit permit for that proposal.
Note: For this purpose, Australia does not include Australian waters.
(1A) Before notifying a person under paragraph (1)(b), the Minister must be satisfied:
(a) that carrying out the transit proposal will not pose a significant risk of injury or damage to human beings or the environment; and
(b) of any other matters prescribed by the regulations for the purposes of this paragraph.
35 At the end of section 40A
Add:
OECD country definition
(6) In this section:
OECD country means a country that is a member of the Organisation for Economic Cooperation and Development under the Convention on the Organisation for Economic Cooperation and Development done at Paris on 14 December 1960.
Note: The Convention is in Australian Treaty Series 1971 No. 11 ([1971] ATS 11) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
36 After subsection 58E(2)
Insert:
Period of appointment of members
(2A) A member of the Hazardous Waste Technical Group holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.
37 At the end of section 60
Add:
; or (c) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.
38 Subsection 62(1)
Omit “(1)”.
39 Subsection 62(2)
Repeal the subsection.
40 Schedule
Repeal the Schedule.
41 Application and transitional provisions
(1) The repeal and substitution of subsection 18A(2) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to Basel export permits granted on or after the commencement of this item.
(2) The repeal and substitution of subsections 20(1) and 21(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to permits granted on or after the commencement of this item.
(3) The amendment of subsection 33(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to the publication of information on or after the commencement of this item.
(4) The repeal and substitution of subsection 40A(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to hazardous waste brought into Australia on or after the commencement of this item.
(5) Subsection 58E(2A) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as inserted by this Part, applies in relation to appointments made on or after the commencement of this item.
(6) Regulations in force under subsection 62(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force under section 62 of that Act.
Schedule 4—Immigration and Border Protection
Part 1—Repeals of Acts
Customs (Tariff Concession System Validations) Act 1999
1 The whole of the Act
Repeal the Act.
Part 2—Saving provisions
2 Saving provision
If, under section 5 of the Customs (Tariff Concession System Validations) Act 1999, a decision, act or thing was taken to be, or to continue to be, valid to any extent immediately before the commencement of this item, then the decision, act or thing continues to be taken to be valid to the same extent after the commencement of this item.
Schedule 5—Industry
Part 1—Repeals of Acts
Patents Amendment (Patent Cooperation Treaty) Act 1979
1 The whole of the Act
Repeal the Act.
Skilling Australia’s Workforce Act 2005
2 The whole of the Act
Repeal the Act.
Part 2—Other amendments
Social Security Act 1991
3 Subsection 23(1) (definition of VET provider)
Repeal the definition, substitute:
VET provider means a registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011) that provides vocational education and training.
Schedule 6—Prime Minister
Aboriginal and Torres Strait Islander Commission Amendment Act 2005
1 After subitem 200(1) of Schedule 1
Insert:
(1A) The appropriate consenting authority may give the individual or body written notice stating that the appropriate consenting authority’s consent is not required in relation to any disposal of the interest by the individual or body.
2 Subitem 200(2) of Schedule 1
Omit “The”, substitute “If the interest is not covered by a notice under subitem (1A), the”.
3 Subitem 200(5) of Schedule 1
Omit “the consent”, substitute “a notice under subitem (1A) or a consent under subitem (2)”.
4 Subitem 200(12) of Schedule 1
After “notice under subitem”, insert “(1A) or”.
5 Subitem 200(13) of Schedule 1 (paragraphs (b) and (c) of the definition of appropriate consenting authority)
Omit “to which the consent relates”, substitute “concerned”.
Classification (Publications, Films and Computer Games) Act 1995
6 Section 114
Repeal the section.
Stronger Futures in the Northern Territory Act 2012
7 Section 3
Omit:
Part 2 allows the Minister to request the NT Minister to appoint an assessor to conduct an assessment of particular licensed premises in the Northern Territory if the Minister reasonably believes that the sale or consumption of liquor at or from those premises is causing substantial alcohol‑related harm to the community (see section 15).
8 Section 3
Omit “It requires the Minister to cause an independent review to be conducted of the first 3 years of the operation of this Act (see section 117).”.
9 Section 6
Omit:
Division 5 provides a mechanism under which the Minister may request the NT Minister to appoint an assessor to conduct an assessment of particular licensed premises in the Northern Territory. The Minister may only make the request if the Minister reasonably believes that the sale or consumption of liquor at or from the premises is causing substantial alcohol‑related harm to the community.
10 Section 6
Omit:
Division 8 requires the Minister and the NT Minister to cause an independent review to be undertaken of the operation of specified laws of the Commonwealth and the Northern Territory that relate to alcohol. In particular, the review must assess the effectiveness of those laws in reducing alcohol‑related harm to Aboriginal people.
11 Divisions 5 and 8 of Part 2
Repeal the Divisions.
12 Section 111
Omit:
It requires the Minister to cause an independent review to be conducted of the first 3 years of the operation of this Act (see section 117).
13 Section 117
Repeal the section.
Schedule 7—Social Services
Part 1—Repeals of Acts
Home and Community Care Act 1985
1 The whole of the Act
Repeal the Act.
Part 2—Approved provider obligations
Aged Care Act 1997
2 Subsection 9‑1(1)
Repeal the subsection, substitute:
(1) An approved provider must notify the Secretary of a change of circumstances that materially affects the approved provider’s suitability to be a provider of *aged care (see section 8‑3). The notification must occur within 28 days after the change occurs.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.
3 Subsection 9‑1(3)
Repeal the subsection.
4 Paragraph 9‑1(3A)(a)
Omit “there is a change of any of an”, substitute “a change of circumstances that materially affects the approved provider’s suitability to be a provider of *aged care involves a change in any of the”.
5 Subsections 9‑1(6), (7) and (8)
Repeal the subsections.
6 Application provision
The amendments of section 9‑1 of the Aged Care Act 1997 made by this Part do not apply in relation to a change of circumstances, or a change of key personnel, that occurred before the commencement of this item.
Part 3—Use or disclosure of personal information
Social Security (Administration) Act 1999
7 Paragraph 202(2)(e)
After “under”, insert “subsection (2C) of this section or”.
8 Application provision
The amendment of paragraph 202(2)(e) of the Social Security (Administration) Act 1999 made by this Part applies in relation to protected information disclosed to a person under subsection 202(2C) of that Act on or after the commencement of this item.
Part 4—Removal of spent social security payments
Division 1—Main amendments
Social Security Act 1991
9 Subsection 4(6A) (table item 7)
Repeal the item.
10 Paragraph 8(8)(jab)
Repeal the paragraph.
11 Paragraphs 8(8)(jac) to (jaf)
Repeal the paragraphs.
12 Paragraphs 8(8)(ya), (yc), (ye), (yg), (yi) and (yj)
Repeal the paragraphs.
13 Subsection 12C(5) (paragraph (ca) of the definition of couple’s assets deeming provisions)
Repeal the paragraph.
14 Paragraphs 16A(3)(b) and (4)(b)
Omit “mature age allowance under Part 2.12B,”.
15 Subsection 17(1) (paragraphs (h), (i) and (j) of the definition of compensation affected payment)
Repeal the paragraphs.
16 Subsection 17(1) (definition of special needs disability support wife pension)
Repeal the definition.
17 Paragraphs 19C(2)(c) and (3)(c)
Repeal the paragraphs.
18 Paragraph 19C(8)(d)
Omit “, partner allowance and mature age allowance under Part 2.12B”, substitute “or partner allowance”.
19 Subsection 19D(5) (subparagraph (f)(v) of the definition of maximum payment rate)
Repeal the subparagraph.
20 Subsection 19D(5) (paragraphs (g) and (j) of the definition of maximum payment rate)
Repeal the paragraphs.
21 Subsection 21(1) (definition of partner bereavement payment)
Omit “660YKD,”.
22 Subsection 23(1) (definition of advance qualification day)
Repeal the definition.
23 Subsection 23(1) (definition of clean energy advance)
Repeal the definition.
24 Subsection 23(1) (definition of clean energy advance daily rate)
Repeal the definition.
25 Subsection 23(1) (definition of clean energy advance period)
Repeal the definition.
26 Subsection 23(1) (paragraph (a) of the definition of clean energy bonus)
Repeal the paragraph.
27 Subsection 23(1) (paragraph (a) of the definition of clean energy payment)
Repeal the paragraph.
28 Subsection 23(1) (definition of clean energy qualifying payment)
Repeal the definition.
29 Subsection 23(1) (definition of mature age allowance)
Repeal the definition.
30 Subsection 23(1) (paragraph (d) of the definition of newly arrived resident’s waiting period)
Repeal the paragraph.
31 Subsection 23(1) (definition of Northern Territory CDEP transition payment)
Repeal the definition.
32 Subsection 23(1) (definition of number of advance days)
Repeal the definition.
33 Subsection 23(1) (paragraph (ea) of the definition of social security benefit)
Repeal the paragraph.
34 Subsection 23(1) (paragraph (j) of the definition of social security entitlement)
Omit “allowance; or”, substitute “allowance.”.
35 Subsection 23(1) (paragraphs (k) and (l) of the definition of social security entitlement)
Repeal the paragraphs.
36 Subsection 23(1) (paragraph (i) of the definition of social security pension)
Repeal the paragraph.
37 Subsection 23(1) (paragraphs (d) and (e) of the definition of special employment advance qualifying entitlement)
Repeal the paragraphs.
38 Subsection 23(1) (definition of transition day)
Repeal the definition.
39 Subsection 23(1) (paragraph (ff) of the definition of waiting period)
Repeal the paragraph.
40 Part 2.2B
Repeal the Part.
41 Part 2.5A
Repeal the Part.
42 Section 573A (table item 5)
Omit “Part 2.12A or 2.12B”, substitute “former Part 2.12A or 2.12B”.
43 Parts 2.12A and 2.12B
Repeal the Parts.
44 Subparagraph 771HA(1)(c)(i)
Omit “mature age allowance,”.
45 Paragraph 771NU(1)(e)
Omit “mature age allowance,”.
46 Paragraph 771NU(3)(e)
Omit “, disability support pension or mature age allowance”, substitute “or disability support pension”.
47 Subsection 771NX(1) (method statement, step 4, note)
Omit “, disability support pension or mature age allowance”, substitute “or disability support pension”.
48 Subsection 771NX(6)
Omit “, disability support pension or mature age allowance”, substitute “or disability support pension”.
49 Division 1A of Part 2.16
Repeal the Division.
50 Section 771PA
Omit “a special needs age pension,”.
51 Sections 772 and 774
Repeal the sections.
52 Paragraphs 796(1)(a) and (c)
Repeal the paragraphs.
53 Subsection 796(4)
Omit “sole parent or”.
54 Point 796‑B5 (heading)
Repeal the heading, substitute:
Australian working life residence (special needs disability support pensioner couples)
55 Paragraph 796‑B5(a)
Omit “a special needs age pension or”.
56 Paragraph 796‑B5(c)
Omit “age or” (last occurring).
57 Point 796‑B6 (heading)
Repeal the heading, substitute:
Australian working life residence (member of former special needs disability support pensioner couple)
58 Paragraph 796‑B6(a)
Omit “a special needs age pension or”.
59 Subparagraphs 796‑B6(d)(i) and (ii)
Omit “age or” (last occurring).
60 Point 796‑B7
Repeal the point.
61 Point 796‑B8 (heading)
Repeal the heading, substitute:
Australian working life residence (recipient of special needs widow B pension)
62 Paragraph 822(1)(a)
Omit “age,”.
63 Paragraph 822(1)(a)
Omit “or wife”.
64 Parts 2.17 and 2.18
Repeal the Parts.
65 Division 1 of Part 2.18A
Repeal the Division.
66 Part 2.19A
Repeal the Part.
67 Section 1047 (paragraph (b) of the definition of designated social security payment)
Repeal the paragraph.
68 Subsection 1061EE(1)
Omit “, mature age allowance under Part 2.12B”.
69 Subsection 1061EE(3) (heading)
Repeal the heading, substitute:
Formula for maximum amount of advance: widow allowance
70 Subsection 1061EE(3)
Omit “or mature age allowance under Part 2.12B”.
71 Subsection 1061EE(6) (paragraph (b) of the definition of fortnightly payment rate)
Omit “, mature age allowance under Part 2.12B”.
72 Subsection 1061EN(2)
Omit “, 660YCH”.
73 Subsection 1061EX(7)
Omit “, 660YCH”.
74 Subsection 1061JU(4) (subparagraph (f)(v) of the definition of maximum basic rate)
Repeal the subparagraph.
75 Subsection 1061JU(4) (paragraphs (g) and (j) of the definition of maximum basic rate)
Repeal the paragraphs.
76 Subsection 1061Q(3B)
Repeal the subsection.
77 Paragraph 1061Q(3C)(a)
Repeal the paragraph, substitute:
(a) a person has been receiving a social security pension; and
78 Paragraph 1061Q(3C)(b)
Omit “or allowance”.
79 Paragraph 1061Q(3C)(e)
Omit “in any other situation mentioned in paragraph (a)”, substitute “if the person has been receiving any other social security pension”.
80 Paragraph 1061Q(3C)(e)
Omit “or allowance”.
81 Subparagraph 1061T(1)(a)(ii)
Omit “a mature age allowance,”.
82 Part 2.27
Repeal the Part.
83 Subsection 1061ZA(1)
Repeal the subsection, substitute:
(1) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if a social security pension is payable to the person for that day.
84 Subsection 1061ZA(1A)
Omit “Paragraph (1)(a)”, substitute “Subsection (1)”.
85 Section 1061ZB
Repeal the section.
86 Subsection 1061ZC(3)
Omit “or a mature age allowance under Part 2.12B”.
87 Subsection 1061ZD(5)
Omit “or a mature age allowance under Part 2.12B”.
88 Subsection 1061ZE(5)
Omit “or a mature age allowance under Part 2.12B”.
89 Subsection 1061ZEA(4)
Omit “or a mature age allowance under Part 2.12B”.
90 Subparagraph 1061ZUC(1)(a)(i)
Omit “1061ZB,”.
91 Paragraph 1064(1)(d)
Omit “and”.
92 Paragraphs 1064(1)(f) and (g)
Repeal the paragraphs.
93 Subparagraphs 1064(5)(b)(v) and (7)(b)(v)
Repeal the subparagraphs.
94 Paragraph 1064‑E3(a)
Omit “, carer pension, mature age allowance under Part 2.12A or mature age partner allowance”, substitute “or carer pension”.
95 Point 1066‑A1 (note 3)
Repeal the note.
96 Section 1067G (table items 8 and 9 in Module L of the Youth Allowance Rate Calculator)
Repeal the items.
97 Section 1068 (heading)
Repeal the heading, substitute:
1068 Rate of newstart allowance, sickness allowance, partner allowance and widow allowance
98 Paragraph 1068(1)(ca)
Repeal the paragraph.
99 Subsection 1068(3) (note 1)
Omit “, 660YCF”.
100 Point 1068‑B1
Omit “, 660YCH”.
101 Point 1068‑B1 (table item 5A)
Repeal the item.
102 Point 1068‑B1B
Omit “, mature age allowance under Part 2.12B”.
103 Subparagraph 1068‑D1(c)(ia)
Repeal the subparagraph.
104 Paragraph 1068‑G8A(a)
Omit “, sickness allowance, or mature age allowance under Part 2.12B”, substitute “or sickness allowance”.
105 Paragraph 1070(e)
Omit “mature age allowance under Part 2.12B and”.
106 Section 1070H (heading)
Repeal the heading, substitute:
1070H Specific requirement (austudy payment, newstart allowance, partner allowance, sickness allowance or widow allowance)
107 Section 1070Q (heading)
Repeal the heading, substitute:
1070Q Rate for youth allowance, austudy payment, newstart allowance, partner allowance, sickness allowance and widow allowance
108 Paragraph 1073(2)(f)
Omit “Part 2.12B”, substitute “former Part 2.12B”.
109 Subsection 1161(4)
Repeal the subsection.
110 Subsection 1161(7)
Repeal the subsection, substitute:
(7) Despite subsection (1), Division 4 does not apply to a disability support wife pension received by a person if:
(a) the compensation was received by the person on or after 1 May 1987 but before 1 January 1994; and
(b) the claim for the pension was made on or after 1 May 1987 but before 1 January 1994.
111 Subsection 1185(5) (paragraph (b) of the definition of dependency‑based payment)
Repeal the paragraph.
112 Subparagraph 1187(1)(a)(vi)
Omit “or”.
113 Subparagraphs 1187(1)(a)(vii) and (viii)
Repeal the subparagraphs.
114 Subparagraph 1187(1A)(a)(iva)
Omit “or”.
115 Subparagraph 1187(1A)(a)(va)
Repeal the subparagraph.
116 Subparagraph 1187(2)(a)(i)
Omit “or”.
117 Subparagraph 1187(2)(a)(iii)
Repeal the subparagraph.
118 Subparagraph 1187(2)(c)(ii)
Omit “or”.
119 Subparagraph 1187(2)(c)(iii)
Repeal the subparagraph.
120 Subparagraphs 1188C(1)(a)(x) and (xi)
Repeal the subparagraphs.
121 Subparagraph 1188C(3)(a)(vi)
Repeal the subparagraph.
122 Subsection 1188C(5) (table items 13, 14, 15, 29 and 30)
Repeal the items.
123 Subparagraphs 1188D(2)(a)(ix) and (x)
Repeal the subparagraphs.
124 At the end of subparagraph 1188F(2)(a)(vi)
Add “or”.
125 Subparagraph 1188F(2)(a)(vii)
Repeal the subparagraph.
126 Subparagraphs 1188F(2)(b)(ix) and (x)
Repeal the subparagraphs.
127 Section 1190 (table item 28, column 4)
Omit “[subsection 660YCJ(2)—Table—column 3A—item 1]”.
128 Section 1217 (table items 16 and 17)
Repeal the items.
129 Subsection 1218A(1)
Omit “, newstart allowance, mature age allowance or mature age partner allowance”, substitute “or newstart allowance”.
130 Sections 1223ABAA, 1223ABA and 1223ABAAA
Repeal the sections.
131 Section 1223ABAAB
Repeal the section.
132 Section 1224
Repeal the section.
133 Paragraph 1231(1AA)(b)
Omit “an economic security strategy payment,”.
Social Security (Administration) Act 1999
134 Sections 12A, 12AAA, 12AA, 12AB and 12K
Repeal the sections.
135 Paragraphs 37(4)(a) and (b)
Repeal the paragraphs.
136 Subsection 47(1) (paragraphs (g), (ga), (gb) and (gc) of the definition of lump sum benefit)
Repeal the paragraphs.
137 Subsection 47(1) (paragraphs (h) to (hs), (ht), (hu) and (k) of the definition of lump sum benefit)
Repeal the paragraphs.
138 Sections 47A, 47AA, 47B, 47C and 47D
Repeal the sections.
139 Paragraphs 52(1)(e) and (f)
Repeal the paragraphs.
140 Paragraph 52(1)(k)
Omit “benefit;”, substitute “benefit.”.
141 Paragraph 52(1)(l)
Repeal the paragraph.
142 Paragraphs 66(1)(f) and (i)
Repeal the paragraphs.
143 Section 123TC (paragraph (r) of the definition of category I welfare payment)
Repeal the paragraph.
144 Section 123TC (paragraph (a) of the definition of clean energy income‑managed payment)
Repeal the paragraph.
145 Section 123TC (definition of economic security strategy payment)
Repeal the definition.
146 Section 123TC (definition of household stimulus payment)
Repeal the definition.
147 Section 123TC (paragraph (k) of the definition of social security bereavement payment)
Repeal the paragraph.
148 Subdivision DB of Division 5 of Part 3B
Repeal the Subdivision.
149 Paragraph 144(daa)
Repeal the paragraph.
150 Subclause 1(1) of Schedule 1 (paragraph (j) of the definition of social security periodic payment)
Repeal the paragraph.
Division 2—Other amendments
Income Tax Assessment Act 1936
151 Subsection 160AAA(1) (paragraph (a) of the definition of rebatable benefit)
Omit “2.12B,”.
152 Subsection 160AAA(1) (paragraph (d) of the definition of rebatable benefit)
Repeal the paragraph.
Income Tax Assessment Act 1997
153 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| carers, 2005 one‑off payment to, (carer payment related), 2005 one‑off payment to carers (carer service pension related) or 2005 one‑off payment to carers (carer allowance related).............................. |
52‑10
|
| carers, 2006 one‑off payment to, (carer payment related), 2006 one‑off payment to carers (wife pension related), 2006 one‑off payment to carers (partner service pension related), 2006 one‑off payment to carers (carer service pension related) or 2006 one‑off payment to carers (carer allowance related) ............................................................................ |
52‑10
|
| carers, 2007 one‑off payment to, (carer payment related), 2007 one‑off payment to carers (wife pension related), 2007 one‑off payment to carers (partner service pension related), 2007 one‑off payment to carers (carer service pension related) or 2007 one‑off payment to carers (carer allowance related)............................................................................. |
52‑10
|
| carers, 2008 one‑off payment to, (carer payment related), 2008 one‑off payment to carers (wife pension related), 2008 one‑off payment to carers (partner service pension related), 2008 one‑off payment to carers (carer service pension related) or 2008 one‑off payment to carers (carer allowance related)............................................................................. |
52‑10
|
| carers, one‑off payment to, (carer allowance related) or one‑off payment to carers (carer payment related) ............................................................................ |
52‑10
|
| carers, payments to, under the scheme determined under Schedule 3 to the Family Assistance Legislation Amendment (More Help for Families—One‑off Payments) Act 2004........................................ |
52‑10
|
154 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| economic security strategy payment under the Social Security Act 1991........................................................... |
52‑10
|
155 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| Household Stimulus Package Act (No. 2) 2009, payments under the scheme determined under Schedule 4 to the............................................................ |
52‑165
|
156 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| older Australians, 2006 one‑off payment to, under the Social Security Act 1991.............................................. |
52‑10
|
| older Australians, 2007 one‑off payment to, under the Social Security Act 1991.............................................. |
52‑10
|
| older Australians, 2008 one‑off payment to, under the Social Security Act 1991.............................................. |
52‑10
|
157 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008, payments under the scheme determined under Schedule 4 to the..................................................................................... |
52‑160
|
| Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007, payments under a scheme determined under item 1 of Schedule 2 to the..................................................................................... |
52‑10
|
| Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007, payments under the scheme determined under Schedule 4 to the............. |
52‑10
|
| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008, payments under a scheme determined under item 1 of Schedule 2 to the............................................................ |
52‑10
|
| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008, payments under the scheme determined under Schedule 4 to the..................................................................................... |
52‑10
|
| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006, payments under the scheme determined under item 1 of Schedule 2 to the............................................................ |
52‑10
|
| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006, payments under the scheme determined under Schedule 4 to the..................................................................................... |
52‑10
|
| Social Security Legislation Amendment (One‑off Payments for Carers) Act 2005, payments under the scheme determined under Schedule 2 to the...... |
52‑10
|
158 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| training and learning bonus under the Social Security Act 1991........................................................................... |
52‑10
|
159 Paragraphs 52‑10(1)(ba) to (w)
Repeal the paragraphs.
160 Paragraphs 52‑10(1)(x) and (y)
Repeal the paragraph.
161 Subsections 52‑10(1CA) to (1E)
Repeal the subsections.
162 Subsections 52‑10(1F) and (1G)
Repeal the subsections.
163 Section 52‑10 (table items 15.1, 16.1, 17.1, 26.1 and 30.1 to 30.4)
Repeal the items.
164 Section 52‑15 (table item 1)
Omit “Special needs age pension”.
165 Section 52‑15 (table item 1)
Omit “Special needs wife pension”.
166 Subsection 52‑20(3) (table items 7 and 8)
Repeal the items.
167 Subsection 52‑25(1) (table)
Omit:
| Mature age allowance (paid under Part 2.12A) |
| Mature age partner allowance |
| Special needs age pension |
168 Subsection 52‑25(1) (table)
Omit:
| Special needs wife pension |
169 Subsection 52‑30(1) (table)
Omit:
| Mature age allowance (paid under Part 2.12B) |
170 Section 52‑40 (table items 15, 16, 17, 26 and 30)
Repeal the items.
171 Sections 52‑160 and 52‑165
Repeal the sections.
Veterans’ Entitlements Act 1986
172 Paragraph 5H(8)(pab)
Repeal the paragraph.
173 Subsection 118ND(4) (paragraph (k) of the definition of bereavement payment provisions)
Repeal the paragraph.
Division 3—Saving provisions
174 Saving provisions
(1) Despite the amendments made by this Part, Chapter 5 of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:
(a) a payment under Part 2.2B, 2.5A, 2.12A, 2.12B, 2.17, 2.18, 2.19A or 2.27 of that Act made before that commencement;
(b) a payment of special needs age pension or special needs wife pension under Part 2.16 of that Act made before that commencement;
(c) a payment of clean energy advance under Division 1 of Part 2.18A of that Act made before, on or after that commencement.
(2) Despite the amendments made by this Part, Subdivision DE of Division 5 of Part 3B of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a clean energy advance under the Social Security Act 1991 payable before, on or after that commencement.
(3) Despite the amendments made by this Part, Part 3B of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following payments made before that commencement:
(a) an economic security strategy payment;
(b) a household stimulus payment;
(c) a Northern Territory CDEP transition payment.
(4) Despite the amendments made by this Part, Part 4 of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a decision made by the Secretary relating to the payment to a person of clean energy advance, where the decision is made before that commencement.
(5) Despite the amendments made by this Part, section 47D of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.
(6) Despite the amendments made by this Part, subsection 52‑10(1L) of the Income Tax Assessment Act 1997, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.
(7) Despite the amendments made by this Part, Subdivision B of Division 17 of Part III of the Income Tax Assessment Act 1936, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment under Part 2.12B or 2.27 of the Social Security Act 1991 made before that commencement.
Part 5—Removal of spent family assistance payments
Division 1—Main amendments
A New Tax System (Family Assistance) Act 1999
175 Subsection 3(1) (definition of back to school bonus)
Repeal the definition.
176 Subsection 3(1) (definition of clean energy advance)
Repeal the definition.
177 Subsection 3(1) (definition of economic security strategy payment to families)
Repeal the definition.
178 Subsection 3(1) (definition of ETR payment)
Repeal the definition.
179 Subsection 3(1) (definition of one‑off payment to families)
Repeal the definition.
180 Subsection 3(1) (definition of single income family bonus)
Repeal the definition.
181 Parts 5 to 8
Repeal the Parts.
A New Tax System (Family Assistance) (Administration) Act 1999
182 Subsection 32A(3)
Repeal the subsection.
183 Divisions 4A, 4B, 4C, 4CA and 4D of Part 3
Repeal the Divisions.
184 Paragraph 66(1)(fb)
Omit “payments);”, substitute “payments).”.
185 Paragraphs 66(1)(g) to (k)
Repeal the paragraphs.
186 Section 70
Omit “one‑off payment to families,”.
187 Section 70
Omit “, a payment under section 219RD, economic security strategy payment to families, back to school bonus, single income family bonus, a clean energy advance or ETR payment”, substitute “or a payment under section 219RD”.
188 Sections 71I, 71J, 71K, 71L and 71M
Repeal the sections.
189 Paragraph 74(a)
Omit “, one‑off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance or ETR payment”.
190 Subsection 82(3) (paragraph (a) of the definition of debt)
Omit “71I, 71J, 71K, 71L, 71M,”.
191 Subsection 93A(6) (paragraph (bf) of the definition of family assistance payment)
Omit “section 65EF; or”, substitute “section 65EF.”.
192 Subsection 93A(6) (paragraphs (c) to (g) of the definition of family assistance payment)
Repeal the paragraphs.
193 Subsection 106(3)
Omit “, one‑off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance or ETR payment”.
194 Subsection 109D(4)
Omit “, or of one‑off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance or ETR payment,”.
195 Paragraph 109D(5)(a)
Omit “, one‑off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance or ETR payment”.
196 Section 219TA (paragraph (hb) of the definition of relevant benefit)
Omit “supplement; or”, substitute “supplement.”.
197 Section 219TA (paragraphs (i) to (m) of the definition of relevant benefit)
Repeal the paragraphs.
Division 2—Other amendments
Income Tax Assessment Act 1997
198 Section 11‑15 (table item headed “family assistance”)
Omit:
| back to school bonus or single income family bonus.... | 52‑150 |
199 Section 11‑15 (table item headed “family assistance”)
Omit:
| clean energy advance.......................................................... | 52‑150 |
200 Section 11‑15 (table item headed “family assistance”)
Omit:
| economic security strategy payment to families............ | 52‑150 |
| ETR payment........................................................................ | 52‑150 |
| ETR payment, payments under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012........................................................................... |
52‑162
|
| families, payments to, under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008......................................................... | 52‑160 |
201 Section 11‑15 (table item headed “family assistance”)
Omit:
| Household Stimulus Package Act (No. 2) 2009, payments under scheme determined under Schedule 4 to the............................................................ | 52‑165 |
202 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| ETR payment, payments under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012........................................................................... |
52‑162
|
203 Section 52‑150
Omit “economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance,”.
204 Section 52‑162
Repeal the section.
Social Security Act 1991
205 Paragraph 8(8)(jaa)
Omit “, or of one‑off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance or ETR payment,”.
206 Paragraph 8(8)(jaba)
Repeal the paragraph.
207 Paragraph 916D(5)(b)
Repeal the paragraph.
Social Security (Administration) Act 1999
208 Section 123TC (paragraph (c) of the definition of clean energy income‑managed payment)
Repeal the paragraph.
209 Section 123TC (definition of ETR income‑managed payment)
Repeal the definition.
210 Subdivision DF of Division 5 of Part 3B
Repeal the Subdivision.
Veterans’ Entitlements Act 1986
211 Paragraph 5H(8)(paa)
Omit “, or of one‑off payment to families, economic security strategy payment to families, back to school bonus,, single income family bonus, clean energy advance or ETR payment”.
212 Paragraph 5H(8)(zzb)
Omit “initiative;”, substitute “initiative.”.
213 Paragraph 5H(8)(zzh)
Repeal the paragraph (not including the note).
Division 3—Saving provisions
214 Saving provisions
(1) Despite the amendments made by this Part, Divisions 4CA and 4D of Part 3, and Part 8B, of the A New Tax System (Family Assistance) (Administration) Act 1999, as in force immediately before the commencement of this item, continue to apply on and after that commencement for the purposes of any payment of clean energy advance or ETR payment made on or after that commencement.
(2) Despite the amendments made by this Part, Part 4 of the A New Tax System (Family Assistance) (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment made under Part 5, 6, 7, 7A or 8 of the A New Tax System (Family Assistance) Act 1999 before, on or after that commencement.
(3) Despite the amendments made by this Part, Part 5 of the A New Tax System (Family Assistance) (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a decision made by the Secretary relating to the payment to a person of clean energy advance or ETR payment, where the decision is made before that commencement.
(4) Despite the amendments made by this Part, sections 52‑150 and 52‑162 of the Income Tax Assessment Act 1997, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of clean energy advance, or a payment under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012, made before, on or after that commencement.
(5) Despite the amendments made by this Part, paragraphs 8(8)(jaa) and (jaba) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of clean energy advance or ETR payment, or a payment under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012, made before, on or after that commencement.
(6) Despite the amendments made by this Part, paragraph 916D(5)(b) of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a day occurring before that commencement.
(7) Despite the amendments made by this Part, Subdivision DE of Division 5 of Part 3B of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a clean energy advance under the Family Assistance Act payable before, on or after that commencement.
(8) Despite the amendments made by this Part, Subdivision DF of Division 5 of Part 3B of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR income‑managed payment made before, on or after that commencement.
(9) Despite the amendments made by this Part, paragraphs 5H(8)(paa) and (zzh) of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of clean energy advance or ETR payment, or a payment under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012, made before, on or after that commencement.
Schedule 8—Treasury
Part 1—Repeals of Acts
Division 1—Repeals
Papua and New Guinea Loan (International Bank) Act 1970
1 The whole of the Act
Repeal the Act.
Termination Payments Tax (Assessment and Collection) Act 1997
2 The whole of the Act
Repeal the Act.
Termination Payments Tax Imposition Act 1997
3 The whole of the Act
Repeal the Act.
Division 2—Amendments consequential on repeal of Termination Payments Tax legislation
First Home Saver Accounts Act 2008
4 Section 18 (paragraph (e) of the definition of Superannuation Acts)
Omit “1999; and”, substitute “1999.”.
5 Section 18 (paragraph (f) of the definition of Superannuation Acts)
Repeal the paragraph.
Income Tax Assessment Act 1936
6 Paragraph 202(l)
Omit “, the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 and the Termination Payments Tax (Assessment and Collection) Act 1997”, substitute “and the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997”.
7 Subsection 202DH(1)
Omit “, the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 or the Termination Payments Tax (Assessment and Collection) Act 1997”, substitute “or the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997”.
8 Subsection 202DJ(1)
Omit “, the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 and the Termination Payments Tax (Assessment and Collection) Act 1997”, substitute “and the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997”.
Income Tax Assessment Act 1997
9 Section 12‑5 (table item headed “termination payments surcharge”)
Repeal the item.
10 Section 26‑65
Repeal the section.
11 Subsection 995‑1(1) (table item 30 in the definition of assessment)
Repeal the item.
Retirement Savings Accounts Act 1997
12 Section 16 (paragraph (d) of the definition of Superannuation Acts)
Omit “1999; and”, substitute “1999.”.
13 Section 16 (paragraph (e) of the definition of Superannuation Acts)
Repeal the paragraph.
14 Section 16 (definition of Surcharge Acts)
Repeal the definition.
15 Subsection 136(1)
Omit “Surcharge Acts”, substitute “Superannuation Contributions Tax (Assessment and Collection) Act 1997”.
16 Subsections 147A(2) and (3)
Omit “Surcharge Acts”, substitute “Superannuation Contributions Tax (Assessment and Collection) Act 1997”.
Superannuation Industry (Supervision) Act 1993
17 Section 299W (paragraph (d) of the definition of Superannuation Acts)
Omit “1999; and”, substitute “1999.”.
18 Section 299W (paragraph (e) of the definition of Superannuation Acts)
Repeal the paragraph.
19 Section 299W (paragraph (b) of the definition of Surcharge Acts)
Omit “1997; and”, substitute “1997.”.
20 Section 299W (paragraph (c) of the definition of Surcharge Acts)
Repeal the paragraph.
Taxation Administration Act 1953
21 Subsection 8AAB(4) (table items 50 and 51)
Repeal the items.
22 Subsection 250‑10(2) in Schedule 1 (table item 145)
Repeal the item.
Taxation (Interest on Overpayments and Early Payments) Act 1983
23 Part IID
Repeal the Part.
Division 3—Savings provisions relating to repeal of Termination Payments Tax legislation
24 Object
The object of this Division is to ensure that, despite the repeals and amendments made by items 2 and 3, and Division 2, of this Part, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment commences, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment commences.
25 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by item 2 or 3, or Division 2, of this Part, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument:
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment commences.
26 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by item 2 or 3, or Division 2, of this Part deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment commences, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment commences.
27 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision that is repealed or amended by item 2 or 3, or Division 2, of this Part provides for the payment of:
(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
28 Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument depends to any extent on an Act, or a provision of an Act, that is repealed by item 2 or 3, or Division 2, of this Part, the repeal is disregarded so far as it affects the operation of the subject provision.
29 Division does not limit operation of section 7 of the Acts Interpretation Act 1901
This Division does not limit the operation of section 7 of the Acts Interpretation Act 1901.
Part 2—Other amendments
Insurance Act 1973
30 Subsection 92Q(5)
Omit the second sentence.
Schedule 9—Veterans’ Affairs
Part 1—Removal of spent veterans’ affairs payments
Division 1—Main amendments
Veterans’ Entitlements Act 1986
1 Paragraphs 5H(8)(zzaa) to (zzag)
Repeal the paragraphs.
2 Paragraph 5H(8)(zzai)
Repeal the paragraph.
3 Paragraphs 5H(8)(zzc) to (zzg)
Repeal the paragraphs.
4 Subsection 5Q(1) (definition of clean energy advance)
Repeal the definition.
5 Subsection 5Q(1) (paragraph (a) of the definition of clean energy bonus)
Repeal the paragraph.
6 Subsection 5Q(1) (paragraph (a) of the definition of clean energy payment)
Repeal the paragraph.
7 Division 1 of Part IIIE
Repeal the Division.
8 Parts VIID to VIIH
Repeal the Parts.
Division 2—Other amendments
Income Tax Assessment Act 1997
9 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| economic security strategy payment under the Veterans’ Entitlements Act 1986................................. |
52‑65
|
10 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| ETR payment under the Veterans’ Entitlements Act 1986.................................................................................. |
52‑65
|
11 Paragraphs 52‑65(1)(d) and (da)
Repeal the paragraphs.
12 Subsections 52‑65(1D) and (1H)
Repeal the subsections.
13 Section 52‑75 (table items 5B and 5C)
Repeal the items.
Social Security Act 1991
14 Subparagraph 8(8)(y)(ia)
Repeal the subparagraph.
15 Paragraphs 8(8)(yb), (yd), (yf), (yh) and (yhb)
Repeal the paragraphs.
Social Security (Administration) Act 1999
16 Section 123TC (paragraph (b) of the definition of clean energy income‑managed payment)
Repeal the paragraph.
Division 3—Saving provisions
17 Saving provisions
(1) Despite the amendments made by this Part, Subdivision D of Division 1 of Part IIIE of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.
(2) Despite the amendments made by this Part, Subdivision E of Division 1 of Part IIIE of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.
(3) Despite the amendments made by this Part, section 118ZZVH of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of ETR payment made on or after that commencement.
(4) Despite the amendments made by this Part, sections 205 to 206 of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment under Part VIID, VIIE, VIIF, VIIG or VIIH of that Act made before, on or after that commencement.
(5) Despite the amendments made by this Part, subsection 52‑65(1G) of the Income Tax Assessment Act 1997, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance under the Veterans’ Entitlements Act 1986 made before, on or after that commencement.
(6) Despite the amendments made by this Part, subsection 52‑65(1H) of the Income Tax Assessment Act 1997, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.
(7) Despite the amendments made by this Part, paragraph 5H(8)(zzai) of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.
(8) Despite the amendments made by this Part, paragraph 8(8)(yhb) of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.
(9) Despite the amendments made by this Part, Subdivision DE of Division 5 of Part 3B of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a clean energy advance under the Veterans’ Entitlements Act for service pension, being an advance payable before, on or after that commencement.
Part 2—Removal of spent military rehabilitation and compensation payments
Division 1—Main amendments
Military Rehabilitation and Compensation Act 2004
18 Subsection 5(1) (definition of clean energy advance)
Repeal the definition.
19 Subsection 5(1) (paragraph (a) of the definition of clean energy bonus)
Repeal the paragraph.
20 Subsection 5(1) (definition of clean energy payment)
Omit “clean energy advance or”.
21 Subsection 415(2)
Omit “, 317 and 424K”, substitute “and 317”.
22 Subsection 415(2) (note)
Repeal the note, substitute:
Note: Chapter 6 has its own recovery provisions (see sections 315, 316 and 317).
23 Divisions 1 to 5 of Part 5A of Chapter 11
Repeal the Divisions.
Division 2—Other amendments
Income Tax Assessment Act 1997
24 Section 52‑114 (table item 22)
Omit “and Part 5A of Chapter 11”.
Division 3—Saving provisions
25 Saving provisions
(1) Despite the amendments made by this Part, Division 4 of Part 5A of Chapter 11 of the Military Rehabilitation and Compensation Act 2004, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.
(2) Despite the amendments made by this Part, Division 5 of Part 5A of Chapter 11 of the Military Rehabilitation and Compensation Act 2004, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.
(3) Despite the amendments made by this Part, table item 22 in section 52‑114 of the Income Tax Assessment Act 1997, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance under Part 5A of Chapter 11 of the Military Rehabilitation and Compensation Act 2004 made before, on or after that commencement.