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 2015) Act 2015.
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 5 | The day after this Act receives the Royal Assent. | |
3. Schedule 6, Part 1 | The day after this Act receives the Royal Assent. | |
4. Schedule 6, Part 2 | The later of: (a) 1 July 2016; and (b) the day after this Act receives the Royal Assent. | |
5. Schedule 7, Parts 1 and 2 | The day after this Act receives the Royal Assent. | |
6. Schedule 7, Part 3 | The later of: (a) 1 January 2016; and (b) the day after this Act receives the Royal Assent. | |
7. Schedule 7, Part 4 | The 28th day after this Act receives the Royal Assent. | |
8. Schedule 7, Part 5 | The day after this Act receives the Royal Assent. | |
9. Schedules 8 and 9 | The day after this Act receives the Royal Assent. | |
10. Schedule 10 | The 28th day after this Act receives the Royal Assent. | |
11. Schedules 11 to 14 | 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Note: This table relates only to the provisions of this Act as originally enacted.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
(1) Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.
Schedule 1—Agriculture and Water Resources
Part 1—Repeals of Acts
Division 1—Repeals
Rural Adjustment Act 1992
1 The whole of the Act
Repeal the Act.
2 Transfer of records and documents to the Department
(1) This item applies to any records or documents that were in the possession of the Council immediately before the commencement of this item.
(2) The records and documents are to be transferred to the Department after the commencement of this item.
Note: The records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.
Wool International Act 1993
3 The whole of the Act
Repeal the Act.
Wool International Privatisation Act 1999
4 The whole of the Act
Repeal the Act.
Division 2—Amendments consequential on repeal of the Rural Adjustment Act 1992
Natural Heritage Trust of Australia Act 1997
5 Paragraph 18(b)
Omit “1992;”, substitute “1992.”.
6 Paragraph 18(d)
Repeal the paragraph.
7 Subsections 19(7) and 20(4)
Repeal the subsections (not including the notes).
8 Section 49 (heading)
Repeal the heading, substitute:
49 Appropriations for the purposes of the Natural Resources Management (Financial Assistance) Act 1992
9 Subsections 49(4) and (5)
Repeal the subsections.
Part 2—Particulars under the Agricultural and Veterinary Chemicals Code
Agricultural and Veterinary Chemicals Code Act 1994
10 Subparagraph 8E(2)(b)(i) of the Code set out in the Schedule
Repeal the subparagraph, substitute:
(i) the names, or proposed names, of the active constituents concerned; and
11 Application provision
The amendment of section 8E of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 applies in relation to notices given under that section on or after the commencement of this Part.
Part 3—Abolition of the APVMA Advisory Board
Agricultural and Veterinary Chemicals (Administration) Act 1992
12 Section 4
Repeal the following definitions:
(a) definition of Advisory Board;
(b) definition of Board member;
(c) definition of Chair.
13 Subsection 8(3)
Repeal the subsection.
14 Part 3 (heading)
Repeal the heading, substitute:
Part 3—Constitution of APVMA and committees
15 Divisions 2, 3 and 4 of Part 3
Repeal the Divisions.
16 Subsection 28(2)
Omit “(whether Board members or not)”.
17 Subsections 29A(1) and (2)
Omit “(other than a Board member)”.
18 Section 32A
Repeal the section.
19 Subsection 33(2)
Repeal the subsection.
20 Paragraph 69EP(7)(a)
Repeal the paragraph, substitute:
(a) is the Chief Executive Officer of the APVMA; or
21 Transfer of records and documents to the Department
(1) This item applies to any records or documents that were in the possession of the Advisory Board immediately before the commencement of this item.
(2) The records and documents are to be transferred to the Department after the commencement of this item.
Note: The records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.
Part 4—Abolition of Fishing Industry Policy Council
Fisheries Administration Act 1991
22 Title
Omit “and a Fishing Industry Policy Council”.
23 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.
24 Subsection 4(1) (note)
Repeal the note.
25 Part 3
Repeal the Part.
Part 5—Other amendments
Australian Meat and Live‑stock Industry Act 1997
26 Subsections 63(1) and 64(1)
Repeal the subsections.
27 Subsection 65(1)
Omit “63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),”.
28 Subsection 65(2)
Omit “, 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)”.
29 Subsection 65(2)
Omit “, 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)”.
30 Subsection 65(3)
Omit “, 63(1)(a), 63(1)(h)”.
31 Subsection 65(3)
Omit “, 64(1A)(h), 64(1)(a) or 64(1)(h)”, substitute “or 64(1A)(h)”.
32 Paragraph 66(2)(a)
Omit “subsections 64(1A) and (1)”, substitute “subsection 64(1A)”.
Schedule 2—Attorney‑General
Ordinances and Regulations (Notification) Act 1978
1 The whole of the Act
Repeal the Act.
2 Saving provision
Despite the repeal of the Ordinances and Regulations (Notification) Act 1978 by this Schedule, that Act continues to apply in relation to the publication in the Gazette, before the commencement of that Act, of a form of words mentioned in subsection 3(1) of that Act.
Schedule 3—Communications and the Arts
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 4—Education and Training
Part 1—Repeals of Acts
Skilling Australia’s Workforce Act 2005
1 The whole of the Act
Repeal the Act.
Part 2—Other amendments
Social Security Act 1991
2 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 5—Environment
Part 1—Consent requirements
Carbon Credits (Carbon Farming Initiative) Act 2011
1 Paragraph 28A(1)(a)
Omit “an offsets project”, substitute “a sequestration offsets project”.
2 Application provision
The amendment made by this Part applies to declarations made on or after the commencement of this Part.
3 Transitional provisions
(1) This item applies if:
(a) before the commencement of this Part, an application was made under section 22 of the Carbon Credits (Carbon Farming Initiative) Act 2011 for a declaration (the relevant declaration) of an offsets project, other than a sequestration offsets project, as an eligible offsets project; and
(b) before the commencement of this Part, the Regulator specified in a declaration under section 27 of that Act that the declaration is subject to the condition (the relevant condition) that the written consent of each relevant interest‑holder to the existence of the declaration must be obtained before the end of the first reporting period for the project; and
(c) on the commencement of this Part, the declaration was subject to the relevant condition (whether or not it had been met).
(2) Immediately after the commencement of this Part the relevant declaration ceases to be subject to the relevant condition.
(3) As soon as practicable after the commencement of this Part the Regulator must vary the declaration by removing the relevant condition.
(4) As soon as practicable after the commencement of this Part the Emissions Reduction Fund Register must be altered to indicate that the declaration is not subject to the relevant condition.
Part 2—Inquiries and strategic assessments
Environment Protection and Biodiversity Conservation Act 1999
4 Subsections 170CA(1) and (2)
Repeal the subsections, substitute:
(1) The Minister may, in writing, determine the amounts of fees that may be charged:
(a) if the approach for assessing the relevant impacts of an action, that the Minister has decided is a controlled action, is assessment by inquiry under Division 7 of Part 8; or
(b) for an assessment provided for under an agreement made under section 146.
Note: Division 7 of Part 8 is about inquiries and section 146 is about strategic assessments.
(2) Before making a determination, the Minister must consult the following person about the amounts of fees to be charged:
(a) for paragraph (1)(a):
(i) the person proposing to take the action; or
(ii) if the person proposing to take the action is not the designated proponent—the designated proponent;
(b) for paragraph (1)(b)—the person responsible for the adoption or implementation of the relevant policy, plan or program.
5 Saving provision
A determination made under section 170CA of the Environment Protection and Biodiversity Conservation Act 1999 that was in force immediately before the commencement of this Part continues in force on and after that commencement (and may be dealt with) as if it had been made under section 170CA of that Act as amended by this Part.
Part 3—Assessment documentation
Environment Protection and Biodiversity Conservation Act 1999
6 Subsection 133(8) (before subparagraph (c)(i) of the definition of assessment documentation)
Insert:
(ia) information referred to in paragraphs 95(2)(a) and (b) or 95A(3)(a), (b) and (c), as the case requires, relating to the action; and
7 Before subparagraph 136(2)(bc)(i)
Insert:
(ia) information referred to in paragraphs 95(2)(a) and (b) or 95A(3)(a), (b) and (c), as the case requires, relating to the action; and
8 Application provision
The amendments made by this Part apply in relation to approvals granted on or after the commencement of this Part.
Part 4—Removal of notification and publishing requirement
Environment Protection and Biodiversity Conservation Act 1999
9 Subsection 74A(4)
Repeal the subsection.
Schedule 6—Finance
Part 1—Repeals of 2012‑2013 Acts
Appropriation Act (No. 1) 2012‑2013
1 The whole of the Act
Repeal the Act.
Appropriation Act (No. 2) 2012‑2013
2 The whole of the Act
Repeal the Act.
Appropriation Act (No. 3) 2012‑2013
3 The whole of the Act
Repeal the Act.
Appropriation Act (No. 4) 2012‑2013
4 The whole of the Act
Repeal the Act.
Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013
5 The whole of the Act
Repeal the Act.
Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013
6 The whole of the Act
Repeal the Act.
Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013
7 The whole of the Act
Repeal the Act.
Part 2—Repeals of 2013‑2014 Acts
Appropriation Act (No. 1) 2013‑2014
8 The whole of the Act
Repeal the Act.
Appropriation Act (No. 2) 2013‑2014
9 The whole of the Act
Repeal the Act.
Appropriation Act (No. 3) 2013‑2014
10 The whole of the Act
Repeal the Act.
Appropriation Act (No. 4) 2013‑2014
11 The whole of the Act
Repeal the Act.
Appropriation Act (No. 5) 2013‑2014
12 The whole of the Act
Repeal the Act.
Appropriation Act (No. 6) 2013‑2014
13 The whole of the Act
Repeal the Act.
Appropriation (Parliamentary Departments) Act (No. 1) 2013‑2014
14 The whole of the Act
Repeal the Act.
Appropriation (Parliamentary Departments) Act (No. 2) 2013‑2014
15 The whole of the Act
Repeal the Act.
Schedule 7—Health
Part 1—Abolition of Medical Training Review Panel
Health Insurance Act 1973
1 Section 3GC
Repeal the section.
Part 2—Reports by Minister
Health Insurance Act 1973
2 Section 19AD
Repeal the section.
Part 3—Adviser and administrator panels
Aged Care Act 1997
3 Paragraph 25‑4A(1)(b)
Omit “, approved by the Secretary,”.
4 Subsection 25‑4A(2)
Repeal the subsection.
5 Subsection 25‑4A(3)
Repeal the subsection, substitute:
(3) If the agreement requires the approved provider to appoint an adviser, the approved provider must appoint the adviser within the period specified in the agreement.
6 At the end of section 25‑4A
Add:
(4) The Classification Principles may exclude a class of persons from being appointed as an adviser.
(5) The Classification Principles may specify matters that the Secretary must take into account in specifying, in the agreement, the period within which an approved provider that is required to appoint an adviser must appoint an adviser.
7 Paragraph 25‑4B(1)(a)
Omit “subsection 25‑4A(2) or (3)”, substitute “subsection 25‑4A(3)”.
8 Subparagraphs 66‑2(1)(a)(iii) and (iv)
Omit “approved by the Commonwealth”.
9 Subsections 66‑2(2) and (3)
After “Commonwealth”, insert “, or a Commonwealth officer or employee,”.
10 Division 66A (heading)
Repeal the heading, substitute:
Division 66A—Appointing administrators and advisers
11 Sections 66A‑1, 66A‑2 and 66A‑3
Repeal the sections, substitute:
66A‑2 Appointment of advisers
(1) The Sanctions Principles may exclude a class of persons from being appointed as an adviser.
(2) A person is not eligible to be appointed as an adviser in accordance with this section if the person is within a class of persons that the Sanctions Principles exclude from being appointed as an adviser.
(3) If an approved provider has agreed to the appointment of an adviser in accordance with this section, the approved provider must appoint the adviser within the period specified in the agreement.
(4) The Sanctions Principles may specify matters that the Secretary must take into account in specifying a period mentioned in subsection (3).
66A‑3 Appointment of administrators
(1) The Sanctions Principles may exclude a class of persons from being appointed as an administrator.
(2) A person is not eligible to be appointed as an administrator in accordance with this section if the person is within a class of persons that the Sanctions Principles exclude from being appointed as an administrator.
(3) If an approved provider has agreed to the appointment of an administrator in accordance with this section, the approved provider must appoint the administrator within the period specified in the agreement.
(4) The Sanctions Principles may specify matters that the Secretary must take into account in specifying a period mentioned in subsection (3).
12 Application provisions
(1) The amendments made to sections 25‑4A and 25‑4B of the Aged Care Act 1997 by this Part apply in relation to agreements entered into on or after the commencement of this Part.
(2) The amendments made to section 66‑2 of the Aged Care Act 1997 by this Part apply in relation to sanctions imposed on or after the commencement of this Part.
Part 4—Approved provider obligations
Aged Care Act 1997
13 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.
14 Subsection 9‑1(3)
Repeal the subsection.
15 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”.
16 Subsections 9‑1(6), (7) and (8)
Repeal the subsections.
17 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 5—Other amendments
Health and Other Services (Compensation) Act 1995
18 Subsection 3(1) (paragraph (b) of the definition of eligible benefit)
Repeal the paragraph.
19 Subsection 3(1) (definition of nursing home benefit)
Repeal the definition.
20 Subsection 3(1) (definition of nursing home care)
Repeal the definition.
21 Division 2 of Part 2 (heading)
Repeal the heading, substitute:
Division 2—Residential care subsidy and home care subsidy
22 Section 9 (heading)
Repeal the heading, substitute:
9 Reimbursement of amounts payable for residential care or home care
23 Paragraph 9(1)(b)
Omit “nursing home care,”.
24 Paragraph 9(3)(a)
Omit “nursing home care,”.
25 Paragraph 9(3)(aa)
Omit “nursing home benefit,”.
26 Paragraph 9(3)(aa)
Omit “nursing home care,”.
27 Paragraph 9(3)(b)
Omit “nursing home care,”.
28 Subsection 9(3)
Omit “nursing home benefit,” (last occurring).
29 Section 10 (heading)
Repeal the heading, substitute:
10 Recovering past payments of residential care subsidy or home care subsidy from judgments and settlements
30 Paragraph 10(1)(b)
Omit “nursing home care,”.
31 Paragraph 10(1)(ba)
Omit “nursing home benefit,”.
32 Paragraph 10(1)(ba)
Omit “nursing home care,”.
33 Paragraph 10(1)(c)
Omit “nursing home benefit,”.
34 Subsection 10(1)
Omit “nursing home benefit,” (last occurring).
35 Paragraph 10(3)(a)
Omit “nursing home care expenses,”.
36 Paragraph 17(1)(b)
Omit “nursing home care,”.
37 Subparagraph 21(7)(b)(ii)
Omit “nursing home care,”.
38 Paragraph 23(5)(b)
Omit “nursing home care,”.
39 Paragraphs 23(7)(b) and (c)
Omit “nursing home care needs,”.
40 Subsection 23B(5)
Omit “nursing home care,”.
41 Subparagraph 24(9)(b)(ii)
Omit “nursing home care,”.
Health and Other Services (Compensation) Care Charges Act 1995
42 Section 7 (heading)
Repeal the heading, substitute:
7 Charge on compensation in respect of reimbursements for residential care or home care
43 Paragraph 7(1)(b)
Omit “nursing home care,”.
44 Paragraph 7(2)(a)
Omit “nursing home care,”.
45 Paragraph 7(2)(aa)
Omit “nursing home benefit,”.
46 Paragraph 7(2)(aa)
Omit “nursing home care,”.
47 Paragraph 7(2)(b)
Omit “nursing home care,”.
48 Subsection 7(2)
Omit “nursing home benefit,” (second and third occurring).
49 Section 8 (heading)
Repeal the heading, substitute:
8 Charge on compensation in respect of past payments of residential care subsidy or home care subsidy
50 Paragraph 8(1)(b)
Omit “nursing home care,”.
51 Paragraph 8(1)(ba)
Omit “nursing home benefit,”.
52 Paragraph 8(1)(ba)
Omit “nursing home care,”.
53 Paragraph 8(1)(c)
Omit “nursing home benefit,”.
54 Subsection 8(1)
Omit “nursing home benefit,” (last occurring).
55 Paragraph 8(3)(a)
Omit “nursing home care expenses,”.
Schedule 8—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 9—Industry, Innovation and Science
Patents Amendment (Patent Cooperation Treaty) Act 1979
1 The whole of the Act
Repeal the Act.
Schedule 10—Infrastructure and Regional Development
Part 1—Amendments of Acts
Administrative Appeals Tribunal Act 1975
1 After section 36A
Insert:
36AA Interpretation of sections 36B, 36C and 36D
In sections 36B, 36C and 36D, unless the contrary intention appears:
Attorney‑General includes the Minister administering the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory.
Cabinet includes the Australian Capital Territory Executive.
Air Accidents (Commonwealth Government Liability) Act 1963
2 After subsection 11(3)
Insert:
(3A) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger, being a person to whom paragraph (1)(a), (b) or (c) would apply if the references in those paragraphs to the Commonwealth were references to the Australian Capital Territory and the references in those paragraphs to a Commonwealth authority were omitted.
(3B) For the purposes of the application of this Part in accordance with subsection (3A), the succeeding provisions of this Part have effect as if references in those provisions to the Commonwealth (other than references to a Commonwealth authority, or references to the Commonwealth in the expression whether in the Commonwealth or elsewhere) were references to the Australian Capital Territory.
Australian Bureau of Statistics Act 1975
3 Subsection 19(3)
After “Chief Minister” (first occurring), insert “of the Australian Capital Territory or”.
4 Subsection 19(3)
Omit “the Northern Territory” (second occurring), substitute “that Territory”.
Australian Grape and Wine Authority Act 2013
5 Subsection 41A(9)
Repeal the subsection, substitute:
(9) In this section:
Parliament means:
(a) in relation to the Australian Capital Territory—the Legislative Assembly for the Territory; and
(b) in relation to the Northern Territory—the Legislative Assembly of the Territory.
State includes the Australian Capital Territory and the Northern Territory.
Commonwealth Motor Vehicles (Liability) Act 1959
6 Subsection 3(1) (definition of Commonwealth authority)
Before “the Northern Territory” (wherever occurring), insert “the Australian Capital Territory or”.
Copyright Act 1968
7 Subsection 10(1) (definition of the Crown)
Before “the Northern Territory” (first occurring), insert “the Australian Capital Territory and”.
8 Paragraph 10(3)(e)
Before “the Northern Territory”, insert “the Australian Capital Territory and”.
9 Paragraph 10(3)(n)
Before “the Northern Territory” (first occurring), insert “the Australian Capital Territory and”.
10 Paragraph 10(3)(n)
Before “the Northern Territory” (second occurring), insert “the Australian Capital Territory or”.
11 Subsection 182B(1) (note to the definition of government)
Omit “, as modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392)”.
12 Subsection 183(11)
Omit “State or” (wherever occurring), substitute “State, the Australian Capital Territory or”.
Director of Public Prosecutions Act 1983
13 Subsection 3(1) (before paragraph (a) of the definition of law of the Commonwealth)
Insert:
(aa) the Australian Capital Territory (Self‑Government) Act 1988;
14 Subsection 3(1) (paragraph (c) of the definition of law of the Commonwealth)
After “paragraph”, insert “(aa),”.
15 Subsection 3(1) (definition of State)
After “includes”, insert “the Australian Capital Territory and”.
16 Subsection 3(1) (definition of Territory)
After “include”, insert “the Australian Capital Territory or”.
Disability Services Act 1986
17 Section 7 (definition of State)
Repeal the definition, substitute:
State includes the Australian Capital Territory and the Northern Territory.
18 Subsection 23(10)
After “States,”, insert “of the Australian Capital Territory,”.
19 Subsection 27(5)
After “States,”, insert “of the Australian Capital Territory,”.
Freedom of Information Act 1982
20 After section 16
Insert:
16A Requests transferred from the ACT
Where a request under the Freedom of Information Act 1989 of the Australian Capital Territory is transferred to an agency in accordance with section 33 of that Act, it becomes a request under this Act at the time at which it is received by the agency.
Home and Community Care Act 1985
21 Subsection 3(4)
After “includes”, insert “the Australian Capital Territory and”.
Protection of Movable Cultural Heritage Act 1986
22 Section 4
After “States,”, insert “of the Australian Capital Territory,”.
Public Accounts and Audit Committee Act 1951
23 Paragraph 8(2)(a)
Before “the Northern Territory”, insert “the Australian Capital Territory or”.
24 Subparagraph 8(2)(b)(i)
Before “the Northern Territory”, insert “the Australian Capital Territory or”.
25 Subsection 8(6) (definition of State)
After “includes”, insert “the Australian Capital Territory and”.
Public Lending Right Act 1985
26 Subsection 8(2)
After “a State, by”, insert “the Australian Capital Territory or”.
Public Works Committee Act 1969
27 Section 5 (at the end of the definition of authority of the Commonwealth)
Add “or a body established by or under an enactment within the meaning of section 3 of the Australian Capital Territory (Self‑Government) Act 1988”.
28 Section 5 (definition of State)
After “includes”, insert “the Australian Capital Territory and”.
29 Before paragraph 6(2)(a)
Insert:
(aa) a work:
(i) that is proposed to be carried out by or for the Australian Capital Territory; and
(ii) in respect of the carrying out of which moneys of that Territory are proposed to be expended by that Territory; or
Racial Discrimination Act 1975
30 Section 6
After “States,”, insert “of the Australian Capital Territory,”.
Remuneration Tribunal Act 1973
31 Subsection 3(1)
Insert:
enactment has the same meaning as in section 3 of the Australian Capital Territory (Self‑Government) Act 1988.
32 Subsection 3(1) (at the end of the definition of public statutory corporation)
Add “or a corporation established for a public purpose by a law of the Australian Capital Territory”.
33 Paragraph 3(4)(b)
After “Territory”, insert “(other than an enactment)”.
34 After paragraph 3(4)(fa)
Insert:
(fb) an executive education office;
Seat of Government (Administration) Act 1910
35 Paragraph 12(2)(b)
Before “take” insert “subject to subsection (2AA),”.
36 After subsection 12(2)
Insert:
(2AA) An Ordinance that:
(a) makes provision in relation to a matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown; and
(b) is made on or before Self‑Government Day within the meaning of the A.C.T. Self‑Government (Consequential Provisions) Act 1988;
may be expressed to take effect from the date of commencement of a provision of the Australian Capital Territory (Self‑Government) Act 1988.
Superannuation Act 1976
37 Subparagraph 120(a)(i)
After “State or of”, insert “the Legislative Assembly for the Australian Capital Territory or”.
38 Subsection 125(3)
After “by a person of”, insert “the Legislative Assembly for the Australian Capital Territory or”.
Superannuation (Productivity Benefit) Act 1988
39 Subsection 3(1) (paragraph (c) of the definition of qualified employee)
After “Ordinance”, insert “or enactment”.
Urban and Regional Development (Financial Assistance) Act 1974
40 Section 3
Insert:
State includes the Australian Capital Territory.
Part 2—Amendments of Regulations
A.C.T. Self‑Government (Consequential Provisions) Regulations
41 Regulation 2
Repeal the regulation.
42 Schedule 1
Repeal the Schedule.
Schedule 11—Prime Minister
Part 1—Repeals of Acts
Council for Aboriginal Reconciliation Act 1991
1 The whole of the Act
Repeal the Act.
Part 2—Amendments consequential on repeals of Acts
Australian Human Rights Commission Act 1986
2 Paragraph 46C(4)(b)
Omit “relevant; and”, substitute “relevant.”.
3 Paragraph 46C(4)(c)
Repeal the paragraph.
Part 3—Other amendments
Aboriginal and Torres Strait Islander Commission Amendment Act 2005
4 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.
5 Subitem 200(2) of Schedule 1
Omit “The”, substitute “If the interest is not covered by a notice under subitem (1A), the”.
6 Subitem 200(5) of Schedule 1
Omit “the consent”, substitute “a notice under subitem (1A) or a consent under subitem (2)”.
7 Subitem 200(12) of Schedule 1
After “notice under subitem”, insert “(1A) or”.
8 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
9 Section 114
Repeal the section.
Stronger Futures in the Northern Territory Act 2012
10 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).
11 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).”.
12 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.
13 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.
14 Divisions 5 and 8 of Part 2
Repeal the Divisions.
15 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).
16 Section 117
Repeal the section.
Schedule 12—Social Services
Part 1—Use or disclosure of personal information
Social Security (Administration) Act 1999
1 Paragraph 202(2)(e)
After “under”, insert “subsection (2C) of this section or”.
2 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 2—Removal of spent social security payments
Division 1—Main amendments
Social Security Act 1991
3 Subsection 4(6A) (table item 7)
Repeal the item.
4 Paragraph 8(8)(jab)
Repeal the paragraph.
5 Paragraphs 8(8)(jac) to (jaf)
Repeal the paragraphs.
6 Paragraphs 8(8)(ya), (yc), (ye), (yg), (yi) and (yj)
Repeal the paragraphs.
7 Subsection 12C(5) (paragraph (ca) of the definition of couple’s assets deeming provisions)
Repeal the paragraph.
8 Paragraphs 16A(3)(b) and (4)(b)
Omit “mature age allowance under Part 2.12B,”.
9 Subsection 17(1) (paragraphs (h), (i) and (j) of the definition of compensation affected payment)
Repeal the paragraphs.
10 Subsection 17(1) (definition of special needs disability support wife pension)
Repeal the definition.
11 Paragraphs 19C(2)(c) and (3)(c)
Repeal the paragraphs.
12 Paragraph 19C(8)(d)
Omit “, partner allowance and mature age allowance under Part 2.12B”, substitute “or partner allowance”.
13 Subsection 19D(5) (subparagraph (f)(v) of the definition of maximum payment rate)
Repeal the subparagraph.
14 Subsection 19D(5) (paragraphs (g) and (j) of the definition of maximum payment rate)
Repeal the paragraphs.
15 Subsection 21(1) (definition of partner bereavement payment)
Omit “660YKD,”.
16 Subsection 23(1) (definition of advance qualification day)
Repeal the definition.
17 Subsection 23(1) (definition of clean energy advance)
Repeal the definition.
18 Subsection 23(1) (definition of clean energy advance daily rate)
Repeal the definition.
19 Subsection 23(1) (definition of clean energy advance period)
Repeal the definition.
20 Subsection 23(1) (paragraph (a) of the definition of clean energy bonus)
Repeal the paragraph.
21 Subsection 23(1) (paragraph (a) of the definition of clean energy payment)
Repeal the paragraph.
22 Subsection 23(1) (definition of clean energy qualifying payment)
Repeal the definition.
23 Subsection 23(1) (definition of mature age allowance)
Repeal the definition.
24 Subsection 23(1) (paragraph (d) of the definition of newly arrived resident’s waiting period)
Repeal the paragraph.
25 Subsection 23(1) (definition of Northern Territory CDEP transition payment)
Repeal the definition.
26 Subsection 23(1) (definition of number of advance days)
Repeal the definition.
27 Subsection 23(1) (paragraph (ea) of the definition of social security benefit)
Repeal the paragraph.
28 Subsection 23(1) (paragraph (j) of the definition of social security entitlement)
Omit “allowance; or”, substitute “allowance.”.
29 Subsection 23(1) (paragraphs (k) and (l) of the definition of social security entitlement)
Repeal the paragraphs.
30 Subsection 23(1) (paragraph (i) of the definition of social security pension)
Repeal the paragraph.
31 Subsection 23(1) (paragraphs (d) and (e) of the definition of special employment advance qualifying entitlement)
Repeal the paragraphs.
32 Subsection 23(1) (definition of transition day)
Repeal the definition.
33 Subsection 23(1) (paragraph (ff) of the definition of waiting period)
Repeal the paragraph.
34 Part 2.2B
Repeal the Part.
35 Part 2.5A
Repeal the Part.
36 Section 573A (table item 5)
Omit “Part 2.12A or 2.12B”, substitute “former Part 2.12A or 2.12B”.
37 Parts 2.12A and 2.12B
Repeal the Parts.
38 Subparagraph 771HA(1)(c)(i)
Omit “mature age allowance,”.
39 Paragraph 771NU(1)(e)
Omit “mature age allowance,”.
40 Paragraph 771NU(3)(e)
Omit “, disability support pension or mature age allowance”, substitute “or disability support pension”.
41 Subsection 771NX(1) (method statement, step 4, note)
Omit “, disability support pension or mature age allowance”, substitute “or disability support pension”.
42 Subsection 771NX(6)
Omit “, disability support pension or mature age allowance”, substitute “or disability support pension”.
43 Division 1A of Part 2.16
Repeal the Division.
44 Section 771PA
Omit “a special needs age pension,”.
45 Sections 772 and 774
Repeal the sections.
46 Paragraphs 796(1)(a) and (c)
Repeal the paragraphs.
47 Subsection 796(4)
Omit “sole parent or”.
48 Point 796‑B5 (heading)
Repeal the heading, substitute:
Australian working life residence (special needs disability support pensioner couples)
49 Paragraph 796‑B5(a)
Omit “a special needs age pension or”.
50 Paragraph 796‑B5(c)
Omit “age or” (last occurring).
51 Point 796‑B6 (heading)
Repeal the heading, substitute:
Australian working life residence (member of former special needs disability support pensioner couple)
52 Paragraph 796‑B6(a)
Omit “a special needs age pension or”.
53 Subparagraphs 796‑B6(d)(i) and (ii)
Omit “age or” (last occurring).
54 Point 796‑B7
Repeal the point.
55 Point 796‑B8 (heading)
Repeal the heading, substitute:
Australian working life residence (recipient of special needs widow B pension)
56 Paragraph 822(1)(a)
Omit “age,”.
57 Paragraph 822(1)(a)
Omit “or wife”.
58 Parts 2.17 and 2.18
Repeal the Parts.
59 Division 1 of Part 2.18A
Repeal the Division.
60 Part 2.19A
Repeal the Part.
61 Section 1047 (paragraph (b) of the definition of designated social security payment)
Repeal the paragraph.
62 Subsection 1061EE(1)
Omit “, mature age allowance under Part 2.12B”.
63 Subsection 1061EE(3) (heading)
Repeal the heading, substitute:
Formula for maximum amount of advance: widow allowance
64 Subsection 1061EE(3)
Omit “or mature age allowance under Part 2.12B”.
65 Subsection 1061EE(6) (paragraph (b) of the definition of fortnightly payment rate)
Omit “, mature age allowance under Part 2.12B”.
66 Subsection 1061EN(2)
Omit “, 660YCH”.
67 Subsection 1061EX(7)
Omit “, 660YCH”.
68 Subsection 1061JU(4) (subparagraph (f)(v) of the definition of maximum basic rate)
Repeal the subparagraph.
69 Subsection 1061JU(4) (paragraphs (g) and (j) of the definition of maximum basic rate)
Repeal the paragraphs.
70 Subsection 1061Q(3B)
Repeal the subsection.
71 Paragraph 1061Q(3C)(a)
Repeal the paragraph, substitute:
(a) a person has been receiving a social security pension; and
72 Paragraph 1061Q(3C)(b)
Omit “or allowance”.
73 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”.
74 Paragraph 1061Q(3C)(e)
Omit “or allowance”.
75 Subparagraph 1061T(1)(a)(ii)
Omit “a mature age allowance,”.
76 Part 2.27
Repeal the Part.
77 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.
78 Subsection 1061ZA(1A)
Omit “Paragraph (1)(a)”, substitute “Subsection (1)”.
79 Section 1061ZB
Repeal the section.
80 Subsection 1061ZC(3)
Omit “or a mature age allowance under Part 2.12B”.
81 Subsection 1061ZD(5)
Omit “or a mature age allowance under Part 2.12B”.
82 Subsection 1061ZE(5)
Omit “or a mature age allowance under Part 2.12B”.
83 Subsection 1061ZEA(4)
Omit “or a mature age allowance under Part 2.12B”.
84 Subparagraph 1061ZUC(1)(a)(i)
Omit “1061ZB,”.
85 Paragraph 1064(1)(d)
Omit “and”.
86 Paragraphs 1064(1)(f) and (g)
Repeal the paragraphs.
87 Subparagraphs 1064(5)(b)(v) and (7)(b)(v)
Repeal the subparagraphs.
88 Paragraph 1064‑E3(a)
Omit “, carer pension, mature age allowance under Part 2.12A or mature age partner allowance”, substitute “or carer pension”.
89 Point 1066‑A1 (note 3)
Repeal the note.
90 Section 1067G (table items 8 and 9 in Module L of the Youth Allowance Rate Calculator)
Repeal the items.
91 Section 1068 (heading)
Repeal the heading, substitute:
1068 Rate of newstart allowance, sickness allowance, partner allowance and widow allowance
92 Paragraph 1068(1)(ca)
Repeal the paragraph.
93 Subsection 1068(3) (note 1)
Omit “, 660YCF”.
94 Point 1068‑B1
Omit “, 660YCH”.
95 Point 1068‑B1 (table item 5A)
Repeal the item.
96 Point 1068‑B1B
Omit “, mature age allowance under Part 2.12B”.
97 Subparagraph 1068‑D1(c)(ia)
Repeal the subparagraph.
98 Paragraph 1068‑G8A(a)
Omit “, sickness allowance, or mature age allowance under Part 2.12B”, substitute “or sickness allowance”.
99 Paragraph 1070(e)
Omit “mature age allowance under Part 2.12B and”.
100 Section 1070H (heading)
Repeal the heading, substitute:
1070H Specific requirement (austudy payment, newstart allowance, partner allowance, sickness allowance or widow allowance)
101 Section 1070Q (heading)
Repeal the heading, substitute:
1070Q Rate for youth allowance, austudy payment, newstart allowance, partner allowance, sickness allowance and widow allowance
102 Paragraph 1073(2)(f)
Omit “Part 2.12B”, substitute “former Part 2.12B”.
103 Subsection 1161(4)
Repeal the subsection.
104 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.
105 Subsection 1185(5) (paragraph (b) of the definition of dependency‑based payment)
Repeal the paragraph.
106 Subparagraph 1187(1)(a)(vi)
Omit “or”.
107 Subparagraphs 1187(1)(a)(vii) and (viii)
Repeal the subparagraphs.
108 Subparagraph 1187(1A)(a)(iva)
Omit “or”.
109 Subparagraph 1187(1A)(a)(va)
Repeal the subparagraph.
110 Subparagraph 1187(2)(a)(i)
Omit “or”.
111 Subparagraph 1187(2)(a)(iii)
Repeal the subparagraph.
112 Subparagraph 1187(2)(c)(ii)
Omit “or”.
113 Subparagraph 1187(2)(c)(iii)
Repeal the subparagraph.
114 Subparagraphs 1188C(1)(a)(x) and (xi)
Repeal the subparagraphs.
115 Subparagraph 1188C(3)(a)(vi)
Repeal the subparagraph.
116 Subsection 1188C(5) (table items 13, 14, 15, 29 and 30)
Repeal the items.
117 Subparagraphs 1188D(2)(a)(ix) and (x)
Repeal the subparagraphs.
118 At the end of subparagraph 1188F(2)(a)(vi)
Add “or”.
119 Subparagraph 1188F(2)(a)(vii)
Repeal the subparagraph.
120 Subparagraphs 1188F(2)(b)(ix) and (x)
Repeal the subparagraphs.
121 Section 1190 (table item 28, column 4)
Omit “[subsection 660YCJ(2)—Table—column 3A—item 1]”.
122 Section 1217 (table items 16 and 17)
Repeal the items.
123 Subsection 1218A(1)
Omit “, newstart allowance, mature age allowance or mature age partner allowance”, substitute “or newstart allowance”.
124 Sections 1223ABAA, 1223ABA and 1223ABAAA
Repeal the sections.
125 Section 1223ABAAB
Repeal the section.
126 Section 1224
Repeal the section.
127 Paragraph 1231(1AA)(b)
Omit “an economic security strategy payment,”.
Social Security (Administration) Act 1999
128 Sections 12A, 12AAA, 12AA, 12AB and 12K
Repeal the sections.
129 Paragraphs 37(4)(a) and (b)
Repeal the paragraphs.
130 Subsection 47(1) (paragraphs (g), (ga), (gb) and (gc) of the definition of lump sum benefit)
Repeal the paragraphs.
131 Subsection 47(1) (paragraphs (h) to (hs), (ht), (hu) and (k) of the definition of lump sum benefit)
Repeal the paragraphs.
132 Sections 47A, 47AA, 47B, 47C and 47D
Repeal the sections.
133 Paragraphs 52(1)(e) and (f)
Repeal the paragraphs.
134 Paragraph 52(1)(k)
Omit “benefit;”, substitute “benefit.”.
135 Paragraph 52(1)(l)
Repeal the paragraph.
136 Paragraphs 66(1)(f) and (i)
Repeal the paragraphs.
137 Section 123TC (paragraph (r) of the definition of category I welfare payment)
Repeal the paragraph.
138 Section 123TC (paragraph (a) of the definition of clean energy income‑managed payment)
Repeal the paragraph.
139 Section 123TC (definition of economic security strategy payment)
Repeal the definition.
140 Section 123TC (definition of household stimulus payment)
Repeal the definition.
141 Section 123TC (paragraph (k) of the definition of social security bereavement payment)
Repeal the paragraph.
142 Subdivision DB of Division 5 of Part 3B
Repeal the Subdivision.
143 Paragraph 144(daa)
Repeal the paragraph.
144 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
145 Subsection 160AAA(1) (paragraph (a) of the definition of rebatable benefit)
Omit “2.12B,”.
146 Subsection 160AAA(1) (paragraph (d) of the definition of rebatable benefit)
Repeal the paragraph.
Income Tax Assessment Act 1997
147 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 |
148 Section 11‑15 (table item headed “social security or like payments”)
Omit:
economic security strategy payment under the Social Security Act 1991........................................................... | 52‑10 |
149 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 |
150 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 |
151 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 |
152 Section 11‑15 (table item headed “social security or like payments”)
Omit:
training and learning bonus under the Social Security Act 1991........................................................................... | 52‑10 |
153 Paragraphs 52‑10(1)(ba) to (w)
Repeal the paragraphs.
154 Paragraphs 52‑10(1)(x) and (y)
Repeal the paragraphs.
155 Subsections 52‑10(1CA) to (1E)
Repeal the subsections.
156 Subsections 52‑10(1F) and (1G)
Repeal the subsections.
157 Section 52‑10 (table items 15.1, 16.1, 17.1, 26.1 and 30.1 to 30.4)
Repeal the items.
158 Section 52‑15 (table item 1)
Omit “Special needs age pension”.
159 Section 52‑15 (table item 1)
Omit “Special needs wife pension”.
160 Subsection 52‑20(3) (table items 7 and 8)
Repeal the items.
161 Subsection 52‑25(1) (table)
Omit:
Mature age allowance (paid under Part 2.12A) |
Mature age partner allowance |
Special needs age pension |
162 Subsection 52‑25(1) (table)
Omit:
Special needs wife pension |
163 Subsection 52‑30(1) (table)
Omit:
Mature age allowance (paid under Part 2.12B) |
164 Section 52‑40 (table items 15, 16, 17, 26 and 30)
Repeal the items.
165 Sections 52‑160 and 52‑165
Repeal the sections.
Veterans’ Entitlements Act 1986
166 Paragraph 5H(8)(pab)
Repeal the paragraph.
167 Subsection 118ND(4) (paragraph (k) of the definition of bereavement payment provisions)
Repeal the paragraph.
Division 3—Saving provisions
168 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 3—Removal of spent family assistance payments
Division 1—Main amendments
A New Tax System (Family Assistance) Act 1999
169 Subsection 3(1) (definition of back to school bonus)
Repeal the definition.
170 Subsection 3(1) (definition of clean energy advance)
Repeal the definition.
171 Subsection 3(1) (definition of economic security strategy payment to families)
Repeal the definition.
172 Subsection 3(1) (definition of ETR payment)
Repeal the definition.
173 Subsection 3(1) (definition of one‑off payment to families)
Repeal the definition.
174 Subsection 3(1) (definition of single income family bonus)
Repeal the definition.
175 Parts 5 to 8
Repeal the Parts.
A New Tax System (Family Assistance) (Administration) Act 1999
176 Subsection 32A(3)
Repeal the subsection.
177 Divisions 4A, 4B, 4C, 4CA and 4D of Part 3
Repeal the Divisions.
178 Paragraph 66(1)(fb)
Omit “payments);”, substitute “payments).”.
179 Paragraphs 66(1)(g) to (k)
Repeal the paragraphs.
180 Section 70
Omit “one‑off payment to families,”.
181 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”.
182 Sections 71I, 71J, 71K, 71L and 71M
Repeal the sections.
183 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”.
184 Subsection 82(3) (paragraph (a) of the definition of debt)
Omit “71I, 71J, 71K, 71L, 71M,”.
185 Subsection 93A(6) (paragraph (bf) of the definition of family assistance payment)
Omit “section 65EF; or”, substitute “section 65EF.”.
186 Subsection 93A(6) (paragraphs (c) to (g) of the definition of family assistance payment)
Repeal the paragraphs.
187 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”.
188 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,”.
189 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”.
190 Section 219TA (paragraph (hb) of the definition of relevant benefit)
Omit “supplement; or”, substitute “supplement.”.
191 Section 219TA (paragraphs (i) to (m) of the definition of relevant benefit)
Repeal the paragraphs.
Division 2—Other amendments
Income Tax Assessment Act 1997
192 Section 11‑15 (table item headed “family assistance”)
Omit:
back to school bonus or single income family bonus.... | 52‑150 |
193 Section 11‑15 (table item headed “family assistance”)
Omit:
clean energy advance.......................................................... | 52‑150 |
194 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 |
195 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 |
196 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 |
197 Section 52‑150
Omit “economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance,”.
198 Section 52‑162
Repeal the section.
Social Security Act 1991
199 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,”.
200 Paragraph 8(8)(jaba)
Repeal the paragraph.
201 Paragraph 916D(5)(b)
Repeal the paragraph.
Social Security (Administration) Act 1999
202 Section 123TC (paragraph (c) of the definition of clean energy income‑managed payment)
Repeal the paragraph.
203 Section 123TC (definition of ETR income‑managed payment)
Repeal the definition.
204 Subdivision DF of Division 5 of Part 3B
Repeal the Subdivision.
Veterans’ Entitlements Act 1986
205 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”.
206 Paragraph 5H(8)(zzb)
Omit “initiative;”, substitute “initiative.”.
207 Paragraph 5H(8)(zzh)
Repeal the paragraph (not including the note).
Division 3—Saving provisions
208 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 13—Treasury
Part 1—Repeals of Acts and related provisions
Division 1—Repeals of Acts
Papua and New Guinea Loan (International Bank) Act 1970
1 The whole of the Act
Repeal the Act.
Statistical Bureau (Tasmania) Act 1924
2 The whole of the Act
Repeal the Act.
Statistics (Arrangements With States) Act 1956
3 The whole of the Act
Repeal the Act.
Termination Payments Tax (Assessment and Collection) Act 1997
4 The whole of the Act
Repeal the Act.
Termination Payments Tax Imposition Act 1997
5 The whole of the Act
Repeal the Act.
Division 2—Amendments consequential on repeal of statistical legislation
Long Service Leave (Commonwealth Employees) Act 1976
6 Paragraph 24(3)(c)
Before “Statistics (Arrangements with States) Act 1956”, insert “former”.
Division 3—Amendments consequential on repeal of Termination Payments Tax legislation
Income Tax Assessment Act 1936
7 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”.
8 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”.
9 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
10 Section 12‑5 (table item headed “termination payments surcharge”)
Repeal the item.
11 Section 26‑65
Repeal the section.
12 Subsection 995‑1(1) (table item 30 in the definition of assessment)
Repeal the item.
Retirement Savings Accounts Act 1997
13 Section 16 (paragraph (d) of the definition of Superannuation Acts)
Omit “1999; and”, substitute “1999.”.
14 Section 16 (paragraph (e) of the definition of Superannuation Acts)
Repeal the paragraph.
15 Section 16 (definition of Surcharge Acts)
Repeal the definition.
16 Subsection 136(1)
Omit “Surcharge Acts”, substitute “Superannuation Contributions Tax (Assessment and Collection) Act 1997”.
17 Subsections 147A(2) and (3)
Omit “Surcharge Acts”, substitute “Superannuation Contributions Tax (Assessment and Collection) Act 1997”.
Superannuation Industry (Supervision) Act 1993
18 Section 299W (paragraph (d) of the definition of Superannuation Acts)
Omit “1999;”, substitute “1999.”.
19 Section 299W (paragraph (e) of the definition of Superannuation Acts)
Repeal the paragraph.
20 Section 299W (paragraph (b) of the definition of Surcharge Acts)
Omit “1997; and”, substitute “1997.”.
21 Section 299W (paragraph (c) of the definition of Surcharge Acts)
Repeal the paragraph.
Taxation Administration Act 1953
22 Subsection 8AAB(4) (table items 50 and 51)
Repeal the items.
23 Subsection 250‑10(2) in Schedule 1 (table item 145)
Repeal the item.
Taxation (Interest on Overpayments and Early Payments) Act 1983
24 Part IID
Repeal the Part.
Division 4—Savings provisions relating to repeal of Termination Payments Tax legislation
25 Object
The object of this Division is to ensure that, despite the repeals and amendments made by items 4 and 5, and Division 3, 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.
26 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by item 4 or 5, or Division 3, 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.
27 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by item 4 or 5, or Division 3, 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.
28 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 4 or 5, or Division 3, 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.
29 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 4 or 5, or Division 3, of this Part, the repeal is disregarded so far as it affects the operation of the subject provision.
30 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
31 Subsection 92Q(5)
Omit the second sentence.
Schedule 14—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.
Part 3—Other amendments
Veterans’ Entitlements Act 1986
26 Subsection 52B(4)
Omit “Commission”, substitute “Minister”.
27 Subsection 213(2)
After “for the purposes of this Act or the regulations”, insert “or the other legislative instrument made under this Act”.
28 Subsection 213(4)
Omit “under this Act”.
29 Subsection 214(2)
After “for the purposes of this Act or the regulations”, insert “or the other legislative instrument made under this Act”.
30 Subsection 214(4)
Omit “under this Act”.