A Bill for an Act to repeal the Nation‑building Funds Act 2008, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Nation‑building Funds Repeal (National Disability Insurance Scheme Funding) Act 2017.
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. Schedule 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Repeal of the Nation‑building Funds Act 2008
Part 1—Repeal of the Nation‑building Funds Act 2008
Nation‑building Funds Act 2008
1 The whole of the Act
Repeal the Act.
Part 2—Consequential amendments
COAG Reform Fund Act 2008
2 Subsection 5(2) (note 2)
Repeal the note.
3 Paragraph 7(1)(b)
Repeal the paragraph.
4 Subsection 7(3) (note 1)
Repeal the note.
DisabilityCare Australia Fund Act 2013
5 Section 4 (definition of financial asset)
Omit “Nation‑building Funds Act 2008”, substitute “Future Fund Act 2006”.
6 Subparagraphs 16(a)(iii), (b)(iii) and (c)(iii)
Repeal the subparagraphs.
Future Fund Act 2006
7 Section 4 (note)
Omit “the Nation‑building Funds Act 2008,”.
8 Section 5
Repeal the following definitions:
(a) definition of Building Australia Fund;
(b) definition of Building Australia Fund Special Account;
(c) definition of Communications Minister;
(d) definition of Education Investment Fund;
(e) definition of Education Investment Fund Special Account;
(f) definition of Education Minister;
(g) definition of Energy Minister.
9 Section 5 (definition of Health Minister)
Repeal the definition, substitute:
Health Minister means the Minister who administers the Health Insurance Act 1973.
10 Section 5
Repeal the following definitions:
(a) definition of Infrastructure Minister;
(b) definition of Research Minister;
(c) definition of Water Minister.
11 Section 13 (note 2A)
Omit “the Building Australia Fund, the Education Investment Fund,”.
12 Paragraphs 28(5)(b), (d) and (e)
Repeal the paragraphs.
13 Section 33 (note)
Omit “the Nation‑building Funds Act 2008,”.
14 Subparagraph 35(b)(ii)
Repeal the subparagraph.
15 Paragraph 55(3)(a)
Repeal the paragraph.
16 Paragraphs 63(1)(b) and (2)(aa)
Repeal the paragraphs.
17 Subsections 81(1A), (1B), (2A) and (2B)
Repeal the subsections.
18 Paragraphs 81(4)(a) to (c) and (e)
Repeal the paragraphs.
19 Paragraph 81(4)(ea)
Omit “Minister;”, substitute “Minister.”.
20 Paragraphs 81(4)(f) and (g)
Repeal the paragraphs.
21 Paragraphs 83B(1)(b) and (c)
Repeal the paragraphs.
22 Subparagraphs 84(1)(b)(ii), (iv) and (v)
Repeal the subparagraphs.
23 Subsections 84(2) and (3)
Repeal the subsections.
24 Paragraph 84(5)(b)
Omit “any or all of subsections (2), (3), (4A) and (4B)”, substitute “either or both of subsections (4A) and (4B)”.
25 Subsection 84(6)
Omit “(2), (3),”.
26 Subparagraphs 2(2)(a)(ii) to (iv), (b)(ii) to (iv) and (c)(ii) to (iv) of Schedule 2
Repeal the subparagraphs.
27 Clause 1 of Schedule 2A
Omit “the Building Australia Fund, the Education Investment Fund,”.
28 Clauses 2 and 3 of Schedule 2A
Repeal the clauses.
Health Insurance Act 1973
29 Subsection 46AA(1) (note)
Before “Nation‑building Funds Act 2008”, insert “repealed”.
Medical Research Future Fund Act 2015
30 Section 4
Before “Nation‑building Funds Act 2008”, insert “repealed”.
31 Section 5 (definitions of Health and Hospitals Fund and Health and Hospitals Fund Special Account)
Omit “Nation‑building Funds Act 2008 before that section was repealed”, substitute “repealed Nation‑building Funds Act 2008”.
32 Section 10
Before “Nation‑building Funds Act 2008”, insert “repealed”.
33 Subparagraphs 19(a)(iii), (b)(iii) and (c)(iii)
Repeal the subparagraphs.
Part 3—Transitional provisions
34 Reporting obligations of the Future Fund Board of Guardians
Despite the repeal of sections 113, 114, 203 and 204 (reporting obligations) of the Nation‑building Funds Act 2008 by this Schedule, those sections continue to apply, after this item commences, in relation to:
(a) the performance of the Future Fund Board of Guardians’ functions; and
(b) the operation of the Board;
in respect of the repealed Building Australia Fund and Education Investment Fund.
35 Agreements under the Nation‑building Funds Act 2008
(1) An agreement that is in force under section 179 of the Nation‑building Funds Act 2008 immediately before the repeal of that section is taken, after that repeal, to continue in force.
(2) The Minister who administers the Higher Education Support Act 2003 may, on behalf of the Commonwealth, vary or revoke an agreement that is taken to continue in force under subitem (1).
36 Compliance with statutory duties
The amendments of section 63 of the Future Fund Act 2006 made by this Schedule apply in relation to acts done after this item commences.
37 Reports
(1) Despite the amendments of section 81 of the Future Fund Act 2006 made by this Schedule, that section continues to apply, in relation to the annual report for the period in which this item commences, as if those amendments had not been made.
(2) The annual report given by the Future Fund Board of Guardians to the nominated Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include any debits from the Fund Account after this item commences that relate to the repealed Building Australia Fund or Education Investment Fund.
Note: Debits may be made from the Fund Account after this item commences under subclause 2(2) of Schedule 2 to the Future Fund Act 2006.
38 Miscellaneous receipts
Section 84 of the Future Fund Act 2006 does not apply in relation to amounts received, after this item commences, by the Future Fund Board of Guardians that relate to the repealed Building Australia Fund or Education Investment Fund.
Note: Amounts received, after this item commences, by the Future Fund Board of Guardians that relate to the repealed Building Australia Fund or Education Investment Fund form part of the Consolidated Revenue Fund, but the amounts are not required to be credited to the Fund Account.
39 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) However, to avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).