Budget Savings (Omnibus) Act 2016 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act is the
Budget Savings (Omnibus) Act 2016 .
(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.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 16 September 2016 |
Schedule 1 | 1 July 2018. | 1 July 2018 |
Schedule 2 | 1 January 2018. | 1 January 2018 |
Schedule 3 | 1 July 2017. | 1 July 2017 |
Schedule 4 | The later of: (a) 1 January 2017; and
| 1 January 2017 (paragraph (a) applies) |
Schedules 5 and 6 | The day after this Act receives the Royal Assent. | 17 September 2016 |
Schedule 7 | 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. | 1 November 2016 (F2016N00026) |
Schedule 8, Part 1 | A day or days to be fixed by Proclamation. However, if any of 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. | 1 January 2017 (F2016N00042) |
Schedule 8, Part 2 | The day after this Act receives the Royal Assent. | 17 September 2016 |
Schedule 8, Part 3 | The 28th day after this Act receives the Royal Assent. | 14 October 2016 |
Schedule 10 | As follows:
| 1 January 2017 (paragraph (a) applies) |
Schedule 11 | As follows:
| 1 July 2017 (paragraph (a) applies) |
Schedule 12 | As follows:
| 1 January 2017 (paragraph (a) applies) |
Schedule 13 | The later of: (a) 1 January 2017; and
| 1 January 2017 (paragraph (a) applies) |
Schedule 14 | The first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent. | 1 October 2016 |
Schedule 15 | The first 1 January or 1 July to occur after the day this Act receives the Royal Assent. | 1 January 2017 |
Schedule 16 | The later of: (a) 1 January 2017; and
| 1 January 2017 (paragraph (a) applies) |
Schedule 17 | The day this Act receives the Royal Assent. | 16 September 2016 |
Schedule 18 | The first 1 January or 1 July to occur after the day this Act receives the Royal Assent. | 1 January 2017 |
Schedule 19 | 1 July 2018. | 1 July 2018 |
Schedule 21, Parts 1 to 6 | 20 March 2017. | 20 March 2017 |
Schedule 21, Part 7 | 1 July 2017. | 1 July 2017 |
Schedule 21A | 1 July 2016. | 1 July 2016 |
Schedules 22 and 23 | The first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent. | 1 October 2016 |
Schedule 24 | The later of: (a) 1 January 2017; and
| 1 January 2017 (paragraph (a) applies) |
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.
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 — Minimum repayment income for HELP debts
Repeal the paragraph, substitute:
(a) for the 2018‑19 income year—$51,956; or
Repeal the table, substitute:
| ||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Repeal the subsection, substitute:
(1) The following amounts for the 2019‑20 *income year, or a later income year:
(a) the *minimum repayment income;
(b) the amounts referred to in paragraph (a) of the second column of items 1 to 9 of the table in section 154‑20;
are indexed by multiplying the corresponding amounts for the 2018‑19 income year by the amount worked out using the formula:
Omit “2006‑07”, substitute “2019‑20”.
Omit “items 1 to 8”, substitute “items 1 to 9”.
The amendments made by this Schedule apply in relation to income years commencing on and after the day this Schedule commences.
Repeal the subsection, substitute:
(1) An amount is indexed on 1 January each year, by multiplying it by the *indexation factor for the year.
Repeal the formula, substitute:
where:
December base quarter means the *quarter ending on the 31 December that is 2 years and a day before the relevant 1 January.
December reference quarter means the *quarter ending on the 31 December that is a year and a day before the relevant 1 January.
Repeal the section, substitute:
(1) The
index number for a *quarter is the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the *Australian Statistician in respect of that quarter.(2) Subject to subsection (3), if, at any time before or after the commencement of this subsection:
(a) the *Australian Statistician has published or publishes an index number in respect of a *quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this section.
(3) If, at any time before or after the commencement of this subsection, the *Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to *index numbers published in terms of the new index reference period.
4
Subclause 1(1) of Schedule 1 (definition of indexation period ) Repeal the definition.
Repeal the paragraphs, substitute:
(d) *compulsory repayment amounts in respect of the debt.
Repeal the step.
Omit “Step 4A: Does not apply because Lorraine does not satisfy the eligibility requirements for the HECS‑HELP benefit.”.
Repeal the subsection.
Omit:
Repayment amounts may be reduced by the HECS‑HELP benefit. To receive the benefit, a person must satisfy eligibility requirements and apply for it. The Commissioner determines whether a person is eligible for the benefit, and if so, the amount of the benefit.
Repeal the section.
Omit “Subject to section 154‑3, if”, substitute “If”.
Repeal the section.
Repeal the note.
Repeal the section, substitute:
If:
(a) the *Commissioner is required to serve on a person a notice of assessment in respect of the person’s income of an *income year under section 174 of the
Income Tax Assessment Act 1936 ; and(b) the Commissioner has made, in respect of the person, an assessment under section 154‑35 of this Act of the amounts referred to in that section; and
(c) notice of the assessment under that section has not been served on the person;
notice of the assessment under that section may be served by specifying the amounts concerned in the notice referred to in paragraph (a).
Repeal the section.
Repeal the Division.
Repeal the item.
Repeal the item.
15
Subclause 1(1) of Schedule 1 (definition of HECS‑HELP benefit ) Repeal the definition.
16
Section 11‑15 (table item headed “education and training”) Omit:
| 51‑10 |
Repeal the item.
18
Subsection 995‑1(1) (definition of HECS‑HELP benefit ) Repeal the definition.
(1) In this item:
Act means theHigher Education Support Act 2003 .
commencement means the day this Schedule commences.
earlier income year means an income year commencing before commencement.(2) The amendments made by this Schedule do not apply in relation to HECS‑HELP benefit for an earlier income year.
(3) Without limiting subitem (2):
(a) a person may, after commencement, make an application in respect of an earlier income year in accordance with Subdivision 157‑A of Division 157 of the Act as in force immediately before commencement; and
(b) the Commissioner must make a determination for any application in respect of an earlier year in accordance with Subdivision 157‑C of Division 157 of the Act as in force immediately before commencement; and
(c) section 140‑5 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out a former accumulated HELP debt of a person in respect of whom HECS‑HELP benefit has been determined for an earlier income year; and
(d) section 154‑3 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out the amount that a person in respect of whom a HECS‑HELP benefit has been determined for an earlier income year is liable to pay under section 154‑1 of the Act; and
(e) a person may apply, after commencement, for review of a decision referred to in item 4A of the table in section 206‑1 of the Act as in force immediately before commencement; and
(f) such a decision may be reviewed and given effect in accordance with the Act as in force immediately before commencement; and
(g) a provision of a taxation law (within the meaning of the
Income Tax Assessment Act 1997 ) has the effect necessary to give effect to this item.(4) The HECS‑HELP Benefit Guidelines in force immediately before commencement continue in force for the purposes of the application of the
Higher Education Support Act 2003 in relation to HECS‑HELP benefit for earlier income years. The Guidelines as continued under this subitem may be amended or repealed as if they were Guidelines made under section 238‑10 of the Act.
1
Subsection 23(1) (definition of job commitment bonus ) Repeal the definition.
Repeal the Part.
Repeal the subsection.
Repeal the Subdivision.
Repeal the subsection.
6
Paragraph 47(1) (paragraph (hsa) of the definition of lump sum benefit ) Repeal the paragraph.
Repeal the section.
Repeal the item.
9
Section 11‑15 (table item headed “social security or like payments”) Omit:
|
|
Repeal the paragraph.
Repeal the subsection.
Repeal the item.
(1) To avoid doubt, a person cannot become qualified for a job commitment bonus on or after the commencement of this item.
(2) Despite the amendments made by this Schedule, 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 a payment of a job commitment bonus before, on or after that commencement.(3) Despite the amendments made by this Schedule, section 27D 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 person making a claim for a job commitment bonus where the person qualified for the bonus before that commencement.(4) Despite the amendments made by this Schedule, Part 3 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) deciding claims for a job commitment bonus made before, on or after that commencement; or
(b) determinations made under that Part before, on or after that commencement in relation to job commitment bonus; or
(c) making payments of a job commitment bonus on or after that commencement.
(5) Despite the amendments made by this Schedule, Parts 4 and 4A of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law in relation to a job commitment bonus made before, on or after that commencement.(6) Despite the amendments made by this Schedule, subsection 52‑10(1EB) 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 payments of job commitment bonus made before, on or after that commencement.
Repeal the items, substitute:
5 | 2017‑2018 | $257,925,000.00 |
6 | 2018‑2019 | $235,296,000.00 |
7 | 2019‑2020 | $254,704,000.00 |
8 | 2020‑2021 | $134,035,000.00 |
9 | 2021‑2022 | $132,474,000.00 |
Omit “or 2017‑18”, substitute “, 2017‑18, 2018‑19, 2019‑20 or 2020‑21”.
Repeal the paragraph.
Omit:
• This Act sets up:
(a) the Australian Commission on Safety and Quality in Health Care; and
(b) the National Health Performance Authority; and
(c) the Independent Hospital Pricing Authority; and
(d) the office of Administrator of the National Health Funding Pool; and
(e) the National Health Funding Body.
substitute:
• This Act sets up:
(a) the Australian Commission on Safety and Quality in Health Care; and
(b) the Independent Hospital Pricing Authority; and
(c) the office of Administrator of the National Health Funding Pool; and
(d) the National Health Funding Body.
Omit:
• The main function of the National Health Performance Authority is to monitor, and report on, the performance of the following:
(a) local hospital networks;
(b) public hospitals;
(c) private hospitals;
(d) primary health care organisations;
(e) other bodies or organisations that provide health care services.
4
Section 5 (definition of local hospital network , first occurring) Repeal the definition.
5
Section 5 (definition of local hospital network , second occurring) Omit “, in Part 5.2,”.
Repeal the following definitions:
(a) definition of
member of the Performance Authority ;(b) definition of
official of the Performance Authority ;(c) definition of
Performance Authority ;(d) definition of
Performance Authority CEO ;(e) definition of
personal information ;(f) definition of
primary health care organisation ;(g) definition of
protected Performance Authority information ;(h) definition of
staff of the Performance Authority .
7
Section 5 (paragraph (b) of the definition of vacancy ) Repeal the paragraph.
Repeal the subsection.
Repeal the paragraph.
Repeal the Chapter.
Repeal the paragraph.
Repeal the paragraph.
Repeal the paragraph.
In this Part:
AIHW means the Australian Institute of Health and Welfare.
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official , in relation to an asset other than land, means the person or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind concerned.
Director means the Director of the Australian Institute of Health and Welfare.
Health Department means the Department administered by the Health Minister.
Health Minister means the Minister responsible for administering theAustralian Institute of Health and Welfare Act 1987 .
Health Secretary means the Secretary of the Health Department.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
NHPA means the National Health Performance Authority.
NHPA CEO means the Chief Executive Officer of the National Health Performance Authority.
transition time means the commencement of this Schedule.
(1) This item applies to the assets of the NHPA immediately before the transition time.
(2) At the transition time, the assets cease to be assets of the NHPA and become assets of the AIHW, without any conveyance, transfer or assignment. The AIHW becomes the successor in law in relation to the assets.
(1) This item applies to the liabilities of the NHPA immediately before the transition time.
(2) At the transition time, the liabilities cease to be liabilities of the NHPA and become liabilities of the AIHW, without any conveyance, transfer or assignment. The AIHW becomes the successor in law in relation to the liabilities.
(1) This item applies if:
(a) any land vests in the AIHW under this Division; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the Health Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the AIHW under this Division.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
18
Certificates relating to vesting of assets other than land
(1) This item applies if:
(a) an asset other than land vests in the AIHW under this Division; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Health Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the AIHW under this Division.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register in relation to assets of that kind as are necessary, having regard to the effect of this Division.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
19
Things done by, or in relation to, the NHPA or the NHPA CEO (1) Anything done by, or in relation to, the NHPA before the transition time has effect at and after that time as if it had been done by the AIHW.
(2) Anything done by, or in relation to, the NHPA CEO before the transition time has effect at and after that time as if it had been done by the Director.
(3) This item does not limit the operation of items 15 and 16.
20
References in certain instruments to the NHPA or the NHPA CEO
(1) This item applies to an instrument that:
(a) is in force immediately before the transition time; and
(b) contains a reference to the NHPA or the NHPA CEO.
(2) If the instrument relates to:
(a) an asset or liability of the NHPA that, as a result of the operation of item 15 or 16, becomes an asset or liability of the AIHW; or
(b) a thing done by, or in relation to, the NHPA or the NHPA CEO, that, as a result of the operation of item 19, is taken to have been done by, or in relation to, the AIHW or the Director;
then:
(c) a reference in the instrument to the NHPA has effect, at and after the transition time, as if it were a reference to the AIHW; and
(d) a reference in the instrument to the NHPA CEO has effect, at and after the transition time, as if it were a reference to the Director.
(3) In this item:
instrument :
(a) includes:
(i) a contract, undertaking, deed or agreement; and
(ii) a notice, authority, order or instruction; and
(iii) an instrument made under an Act or under a legislative instrument; but
(b) does not include:
(i) an Act; or
(ii) an instrument made under this Act; or
(iii) an instrument specified in rules made under item 34.
(1) For the purposes of the operation of an Appropriation Act after the transition time, references to the National Health Performance Authority are to be read as references to the Australian Institute of Health and Welfare.
(2) In this item:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.
(1) If any proceedings to which the NHPA was a party were pending in any court or tribunal immediately before the transition time, the AIHW is substituted for the NHPA, from the transition time, as a party to those proceedings.
(2) If any proceedings to which the NHPA CEO was a party were pending in any court or tribunal immediately before the transition time, the Director is substituted for the NHPA CEO, from the transition time, as a party to those proceedings.
(1) This item applies to any records or documents that were in the possession of the NHPA immediately before the transition time.
(2) The records and documents are to be transferred to the AIHW after the transition time.
(3) Sections 37 and 41 of the
Public Governance, Performance and Accountability Act 2013 apply in relation to records or documents transferred to a Commonwealth entity (within the meaning of that Act) under this item as if the records or documents related to that entity.Note: Records and documents transferred under this item are Commonwealth records for the purposes of the
Archives Act 1983 .
24
Safety, Rehabilitation and Compensation Act 1988
(1) This item applies in relation to a person if:
(a) the person was a member of the staff of the NHPA at any time before the transition time; and
(b) the person was an employee (within the meaning of the
Safety, Rehabilitation and Compensation Act 1988 (theSRC Act )) of the NHPA when the person was such a member; and(c) the person suffered an injury (within the meaning of that Act) before the transition time.
(2) The SRC Act applies, after the transition time, as if the person had been an employee of the AIHW during the period that the person was a member of the staff of the NHPA as mentioned in paragraph (1)(a).
(3) This item does not limit item 19 or 20 of this Schedule.
25
No transfer of appointment, engagement or employment of staff Nothing in this Part produces the result that the appointment, engagement or employment of an official of the Performance Authority immediately before the transition time has effect, at or after that time, as if it were an appointment, engagement or employment of the person in relation to the AIHW.
(1) The Health Secretary must prepare and give to the Health Minister, for presentation to the Parliament, a report (the
final report ) on the activities of the NHPA during the final reporting period.(2) Sections 39, 40, 42, 43 and 46 of the
Public Governance, Performance and Accountability Act 2013 , and rules made for the purposes of those sections, apply subject to this item in relation to the NHPA and the final reporting period as if:
(a) references in those sections and rules to an annual report for a Commonwealth entity were references to the final report; and
(b) references in those sections and rules to a reporting period for a Commonwealth entity were references to the final reporting period; and
(c) references in those sections and rules to a Commonwealth entity were references to the NHPA; and
(d) references in those sections and rules to the accountable authority for a Commonwealth entity were references to the Health Secretary; and
(e) references in those sections and rules to the responsible Minister for a Commonwealth entity were references to the Health Minister.
(3) The Health Secretary must give the final report to the Health Minister by the 15th day of the fourth month after the end of the final reporting period. The Health Minister may grant an extension of time in special circumstances.
(4) The Health Minister must table the final report in each House of the Parliament as soon as practicable after receiving the report.
(5) The Health Secretary must publish the final report on the Health Department’s website as soon as practicable after the report is tabled in the House of Representatives.
(6) In this item:
annual report means a report under section 46 of thePublic Governance, Performance and Accountability Act 2013 .
final reporting period means the period:
(a) beginning:
(i) if, by the transition time, no annual report for the NHPA has been given to the Health Minister for the most recent reporting period for the NHPA that ended before the transition time—at the start of that reporting period; or
(ii) otherwise—at the start of the reporting period for the NHPA that includes the transition time; and
(b) ending immediately before the transition time.
reporting period for the NHPA means the reporting period for the NHPA under thePublic Governance, Performance and Accountability Act 2013 .
(1) Section 113 (secrecy) of the
National Health Reform Act 2011 , as in force immediately before the transition time, continues to apply after that time in relation to a person who was at any time an official of the Performance Authority, despite the repeal of that section by Part 1 of this Schedule.(2) Subsection 120(3) (disclosure to agencies, bodies or persons other than the NHPA) of the
National Health Reform Act 2011 , as in force immediately before the transition time, continues to apply after that time in relation to an agency, body or person that was given protected Performance Authority information before that time, despite the repeal of that subsection by Part 1 of this Schedule.
Section 127 (use of personal information in reports) of the
National Health Reform Act 2011 , as in force immediately before the transition time, applies after that time in relation to a report prepared or published for the purposes of this Part as if:
(a) the report were a report prepared or published by the Performance Authority in the performance of the Performance Authority’s functions; and
(b) the reference in subsection 127(3) of that Act to an official of the Performance Authority were a reference to the Health Secretary or an APS employee in the Health Department.
Section 279 (protection of patient confidentiality) of the
National Health Reform Act 2011 , as in force immediately before the transition time, applies after that time in relation to the performance by a person of a function under this Part of preparing or publishing a report as if that function were a function of the NHPA.
30
Exemption from stamp duty and other State or Territory taxes (1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) For the purposes of this item, an
exempt matter is:
(a) the vesting of an asset or liability under this Part; or
(b) the operation of this Part in any other respect.
(3) The Health Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt matter.
(4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.
(5) A certificate under subitem (3) is not a legislative instrument.
A document that appears to be a certificate made or issued under a particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
(1) The Health Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:
(a) the Health Secretary; or
(b) an SES employee, or acting SES employee, in the Health Department.
Note: The expressions
SES employee andacting SES employee are defined in theActs Interpretation Act 1901 .(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Health Minister.
(3) Subitem (1) does not apply to a power to make, vary or revoke a legislative instrument.
(1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(1) The Health Minister may, by legislative instrument (and subject to subitem (3)), make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
(2) Without limiting subitem (1), rules made for the purposes of that subitem, before the end of the period of 12 months starting at the transition time, may:
(a) confer functions on the AIHW; and
(b) provide that the following have effect with any modifications prescribed by the rules:
(i) this Part;
(ii) the
Australian Institute of Health and Welfare Act 1987 .(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty provision;
(b) provide:
(i) powers of arrest or detention; or
(ii) powers relating to 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.
(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).
Insert:
(3A) Without limiting paragraph (3)(c), the Classification Principles may require the Secretary to take into account (including as part of a method or procedure specified for the purposes of subsection (2)) specified matters relating to care provided, or to be provided, to the care recipient, including:
(a) the manner in which the care was, is or is to be provided; or
(b) the qualifications of any person involved in providing the care.
(1) This item applies to a thing purportedly done under the
Aged Care Act 1997 at any time before the commencement of this item, to the extent that the thing purportedly done would, apart from this item, be invalid because the Classifications Principles required the Secretary to take into account a matter relating to care provided, or to be provided, to a care recipient, including:
(a) the manner in which the care was, is or is to be provided; or
(b) the qualifications of any person involved in providing the care.
(2) The thing purportedly done is as valid and effective, and is taken always to have been as valid and effective, as it would have been had subsection 25‑1(3A) of that Act, as amended by this Part, been in force.
(3) All persons are, by force of this subitem, declared to be, and always to have been, entitled to act on the basis that the thing purportedly done is valid and effective.
(4) This item does not affect rights or liabilities of parties to proceedings for which leave to appeal to the High Court of Australia has been given on or before the day this item commences, if the fact that the Classification Principles required the Secretary to take into account the matter is in issue in the proceedings.
(5) Subject to subitem (4), subitems (1), (2) and (3) have effect in relation to:
(a) proceedings (whether original or appellate) that begin on or after the commencement of this item; and
(b) proceedings (whether original or appellate) that began before that commencement, being proceedings that had not been finally determined as at that commencement.
(6) To avoid doubt, a reference in this item to the Classification Principles includes a reference to a provision of the Classification Principles applying, adopting or incorporating any matter contained in any other instrument or writing.
(7) This item does not apply to the extent (if any) to which its operation would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).
Omit “29‑1; and”, substitute “29‑1.”.
Repeal the paragraph.
Add:
Note: See also section 27‑3 (reappraisal required by Secretary) and Division 29A (civil penalty for incorrect classifications).
Insert:
False, misleading or inaccurate information
Omit “and”.
Repeal the paragraph.
The amendments of subsections 25‑4(1) and 27‑3(1) of the
Aged Care Act 1997 made by this Part apply in relation to a change of classification mentioned in paragraph 25‑4(1)(b) or 27‑3(1)(b) that occurs on or after the commencement of this item, whether the appraisal or reappraisal mentioned in paragraph 25‑4(1)(a) or 27‑3(1)(a) occurred before, on or after that commencement.
Add:
Note: See also section 25‑4 (suspending approved providers from making appraisals and reappraisals) and Division 29A (civil penalty for incorrect classifications).
Insert:
Significant decrease in care needs
(3A) The Secretary may give an approved provider a written notice requiring a reappraisal to be made of the level of care needed by a care recipient if:
(a) the approved provider provides care to the care recipient; and
(b) the Secretary reasonably suspects that the care needs of the care recipient have decreased significantly since the last appraisal under section 25‑3, or reappraisal under section 27‑4, of the level of care needed by the care recipient.
(3B) The Classification Principles may specify the circumstances in which the care needs of a care recipient are taken to decrease significantly.
(3C) The notice must specify a period within which the reappraisal is to be made.
Varying or revoking notice
After “subsection (1)”, insert “or (3A)”.
Insert:
Authorised reappraisers
Add “or (3A)”.
Repeal the section, substitute:
A change of a classification under subsection 29‑1(1) is taken to have had effect from the day on which the classification took effect.
(1) The amendment of section 29‑2 of the
Aged Care Act 1997 made by this Part applies in relation to a change of classification if the Secretary gives written notice of the change to an approved provider under subsection 29‑1(4) of that Act on or after the commencement of this item, whether the classification took effect before, on or after that commencement.(2) Subitem (1) has no effect to the extent (if any) to which:
(a) its operation would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); or
(b) it imposes taxation (within the meaning of section 55 of the Constitution).
Add:
(1) The Secretary may notify an approved provider in writing if the Secretary:
(a) reasonably suspects that the approved provider, or a person acting on the approved provider’s behalf, gave false or misleading information in an appraisal or reappraisal connected with a classification reviewed under subsection 29‑1(3); and
(b) changes the classification under section 29‑1.
Note: See also sections 25‑4 (suspending approved providers from making appraisals and reappraisals) and 27‑3 (reappraisal required by Secretary).
(2) The Secretary may also notify an approved provider in writing if:
(a) the approved provider makes 2 or more of any of the following:
(i) an appraisal under section 25‑3;
(ii) a reappraisal under section 27‑4; and
(b) the Secretary changes 2 or more classifications under section 29‑1 because the Secretary is satisfied that the appraisals or reappraisals were incorrect or inaccurate; and
(c) the Secretary is satisfied that the changes, taken together, are significant (see section 29A‑3).
(3) A notice under this section must:
(a) specify the classification or classifications the Secretary changed; and
(b) include a statement that the Secretary suspects the matter mentioned in paragraph (1)(a), or is satisfied of the matter mentioned in paragraph (2)(c), and the Secretary’s reasons for this; and
(c) include a statement of the effect of section 29A‑2.
(1) An approved provider is liable to a civil penalty if:
(a) the Secretary changes a classification under section 29‑1; and
(b) the change occurs in the following circumstances:
(i) the change occurs within 2 years (the
warning period ) after the Secretary gives a notice to the approved provider under subsection 29A‑1(1) or (2);(ii) during the warning period, the approved provider, or a person acting on the approved provider’s behalf, gives false or misleading information in an appraisal under section 25‑3, or reappraisal under section 27‑4, connected with the classification.
Civil penalty: 60 penalty units.
(2) An approved provider is liable to a civil penalty if:
(a) the Secretary changes a classification under section 29‑1; and
(b) the change occurs in the following circumstances:
(i) the change occurs within 2 years (the
warning period ) after the Secretary gives a notice to the approved provider under subsection 29A‑1(1) or (2);(ii) during the warning period, the approved provider makes one or more appraisals under section 25‑3 or reappraisals under section 27‑4;
(iii) the Secretary changes the classification as mentioned in paragraph (a) of this subsection because the Secretary is satisfied that any of the appraisals or reappraisals mentioned in subparagraph (ii) of this paragraph was incorrect or inaccurate;
(iv) the Secretary changes one or more other classifications under section 29‑1 during the warning period because the Secretary is satisfied that any of the appraisals or reappraisals mentioned in subsection (ii) of this paragraph was incorrect or inaccurate;
(v) the changes mentioned in subparagraphs (iii) and (iv), taken together, are significant (see section 29A‑3).
Civil penalty: 60 penalty units.
(3) To avoid doubt, the approved provider may be liable to a separate civil penalty under subsection (1) or (2) for each classification the Secretary changes under section 29‑1 during the warning period.
In determining, for the purposes of paragraph 29A‑1(2)(c) or subparagraph 29A‑2(2)(b)(v), whether changes, taken together, are significant, regard must be had to the following matters:
(a) the number of classifications changed, relative to the number of care recipients to whom the approved provider provides care;
(b) the significance of each change;
(c) the frequency of the incorrect or inaccurate appraisals and reappraisals that led to the changes;
(d) any other matters specified by the Classification Principles.
Insert:
Request for reconsideration of reviewable decision
Insert:
(4A) The person’s request must comply with section 85‑6 (application fee) if the *reviewable decision was made under subsection 29‑1(1) (a decision to change the classification of a care recipient).
Reconsideration of reviewable decision
Insert:
(1) A request made under subsection 85‑5(1) for reconsideration of a *reviewable decision made under subsection 29‑1(1) (a decision to change the classification of a care recipient) must be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles.
(2) The amount of the fee must not be such as to amount to taxation.
(3) The Classification Principles may deal with other matters in relation to the fee, including the following:
(a) the circumstances in which the Secretary may waive the fee;
(b) the circumstances in which an approved provider is exempt from paying the fee;
(c) the circumstances in which the fee may be refunded, in whole or in part.
Insert:
Enforceable civil penalty provisions
(1) Each *civil penalty provision of this Act is enforceable under Part 4 of the *Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the *Regulatory Powers Act, the Secretary is an authorised applicant in relation to the *civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 4 of the *Regulatory Powers Act, each of the following courts is a relevant court in relation to the *civil penalty provisions of this Act:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
22
Section 96‑1 (at the end of the cell at table item 9, column headed “Part or provision”) Add “and section 85‑6”.
Insert:
civil penalty provision has the same meaning as in the *Regulatory Powers Act.
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
Omit “, approved by the Secretary,”.
Repeal the subsection.
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.
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.
Omit “subsection 25‑4A(2) or (3)”, substitute “subsection 25‑4A(3)”.
Omit “approved by the Commonwealth”.
After “Commonwealth”, insert “, or a Commonwealth officer or employee,”.
Repeal the heading, substitute:
Repeal the sections, substitute:
(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).
(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).
(1) The amendments of sections 25‑4A and 25‑4B of the
Aged Care Act 1997 made by this Part apply in relation to agreements entered into on or after the commencement of this item.(2) The amendments of section 66‑2 of the
Aged Care Act 1997 made by this Part apply in relation to sanctions imposed on or after the commencement of this item.
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.
Repeal the subsection.
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”.
Repeal the subsections.
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.
1
Subsection 7(1) (definition of designated temporary entry permit ) Repeal the definition.
2
Subsection 7(1) (definitions of permanent visa , special category visa , temporary visa and visa ) Repeal the definitions, substitute:
permanent visa ,special category visa andvisa have the same meaning as in theMigration Act 1958 .
Repeal the subsection, substitute:
(6) A person has a
qualifying residence exemption for a social security pension (other than carer payment) or a social security benefit (other than youth allowance, austudy payment, newstart allowance, sickness allowance, special benefit or partner allowance) if, and only if, the person:
(a) resides in Australia; and
(b) is either:
(i) a refugee; or
(ii) a former refugee.
Before “was”, insert “except in relation to pension PP (single), benefit PP (partnered), youth allowance, austudy payment, newstart allowance, sickness allowance, partner allowance, carer payment, mobility allowance, a seniors health card or a health care card—”.
Before “holds”, insert “in any case—”.
6
Subsection 23(1) (definition of designated temporary entry permit ) Repeal the definition.
7
Subsection 23(1) (paragraph (b) of the definition of newly arrived resident’s waiting period ) Repeal the paragraph.
Repeal the definition.
9
Subsection 23(1) (paragraph (ab) of the definition of waiting period ) Repeal the paragraph.
Repeal the paragraph, substitute:
(a) has entered Australia; and
Add:
Note: For
qualifying residence exemption in relation to carer payment, see paragraph 7(6AA)(f).
Repeal the subsection, substitute:
(5) Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B).
(5A) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a carer payment; or
(b) the following apply:
(i) before the person made the claim for a carer payment, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a carer payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a carer payment.
(5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5). The class must not be a class covered by paragraph 7(6AA)(f).
Insert:
family member has the meaning given by subsection 7(6D).
former refugee has the meaning given by subsection 7(1).
refugee has the meaning given by subsection 7(6B).
Repeal the subparagraphs.
Omit “if the woman entered Australia on or after the commencement day—”.
Repeal the subsection.
Insert:
; (iv) the person satisfies subsection (3).
Repeal the note, substitute:
Note 1: For
Australian resident , see section 7. Forqualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).
Add:
(3) A person satisfies this subsection if the following apply:
(a) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;
(b) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
refugee has the meaning given by subsection 7(6B).
Omit “on or after 4 March 1997”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to youth allowance, see paragraph 7(6AA)(f).
Repeal the subsections.
Add:
Exception—other
(7) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a youth allowance; or
(b) the following apply:
(i) before the person made the claim for a youth allowance, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a youth allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a youth allowance.
(8) For the purposes of subsection (7):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “on which the person first entered Australia on or after 4 March 1997”, substitute “the person first became an Australian resident”.
Omit “on or after 4 March 1997”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).
Repeal the subsections, substitute:
Exception—other
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for an austudy payment; or
(b) the following apply:
(i) before the person made the claim for an austudy payment, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for an austudy payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for an austudy payment.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “on which the person first entered Australia”, substitute “the person first became an Australian resident”.
Omit “on or after 1 January 1993”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to newstart allowance, see paragraph 7(6AA)(f).
Repeal the subsections.
Add:
(8) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a newstart allowance; or
(b) the following apply:
(i) before the person made the claim for a newstart allowance, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a newstart allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a newstart allowance.
(9) For the purposes of subsection (8):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Repeal the subsection.
Omit “If subsection (2) does not apply, the”, substitute “The”.
Repeal the note.
Omit “on or after 1 January 1993”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to sickness allowance, see paragraph 7(6AA)(f).
Repeal the subsections, substitute:
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for sickness allowance; or
(b) the following apply:
(i) before the person made the claim for sickness allowance, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for sickness allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for sickness allowance.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Repeal the subsection.
Omit “If subsection (2) does not apply, the”, substitute “The”.
Repeal the note.
42
At the end of subsection 739A(7) (before the note) Add “after the person first entered Australia”.
Repeal the subsection, substitute:
(8) Neither subsection (1) nor (2) applies to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or
(b) the following apply:
(i) before the person made the claim for a special benefit, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a special benefit or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a special benefit.
(9) For the purposes of subsection (8):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “on or after 1 January 1993”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to partner allowance, see paragraph 7(6AA)(f).
Repeal the subsections, substitute:
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a partner allowance; or
(b) the following apply:
(i) before the person made the claim for a partner allowance, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a partner allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a partner allowance.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Repeal the note.
Omit “subsections (2), (3) and (4), a person who, on or after the commencement of this subsection”, substitute “this section, a person who”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to mobility allowance, see paragraph 7(6AA)(f).
Repeal the subsection.
Repeal the subsection, substitute:
(5) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a mobility allowance; or
(b) the following apply:
(i) before the person made the claim for a mobility allowance, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a mobility allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a mobility allowance.
(6) For the purposes of subsection (5):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “on or after 4 March 1997”.
Repeal the note, substitute:
Note: For
qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).
Repeal the subsections, substitute:
Exception—other
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a pensioner education supplement; or
(b) the following apply:
(i) before the person made the claim for a pensioner education supplement, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a pensioner education supplement or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a pensioner education supplement.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “on which the person first entered Australia”, substitute “the person first became an Australian resident”.
Omit “subsections (2), (3) and (4)”, substitute “this section”.
Omit “on or after 1 February 2000”.
Add:
Note: For
qualifying residence exemption in relation to a seniors health card, see paragraph 7(6AA)(f).
Repeal the subsections, substitute:
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a seniors health card; or
(b) the following apply:
(i) before the person made the claim for a seniors health card, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a seniors health card or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a seniors health card.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “subsection (2)”, substitute “this section”.
Omit “on or after 1 February 2000”.
Repeal the paragraph.
Add:
Note: For paragraph (a): for
qualifying residence exemption in relation to a health care card, see paragraph 7(6AA)(f).
Add:
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a health care card; or
(b) the following apply:
(i) before the person made the claim for a health care card, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a health care card or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen at the time the person made the claim for a health care card.
(4) For the purposes of subsection (3):
(a)
family member has the meaning given by subsection 7(6D); and(b)
former refugee has the meaning given by subsection 7(1); and(c)
refugee has the meaning given by subsection 7(6B).
Omit “If”, substitute “(1) Subject to subsection (2), if”.
Add:
(2) If:
(a) a person is subject to a newly arrived resident’s waiting period; and
(b) before, on or after the commencement of this subsection, the person applied for a visa that is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b);
the waiting period:
(c) starts on the day on which the person applied for that visa; and
(d) ends when the person has been in Australia for a period of, or for periods totalling, 104 weeks after that day.
Repeal the clause.
68
Application provision—qualifying residence exemption The amendments of section 7 of the
Social Security Act 1991 made by this Schedule apply in relation to:
(a) claims for a social security pension or a social security benefit made on or after the commencement of this item; and
(b) claims for a mobility allowance or a pensioner education supplement made on or after that commencement; and
(c) claims for a seniors health card made on or after that commencement; and
(d) claims for a health care card made on or after that commencement.
69
Application and saving provisions—carer payment (1) Paragraph 201AA(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 201AA(5) to (5B) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a carer payment made on or after the commencement of this item.(3) Subsection 201AA(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 claims for a carer payment made before that commencement.(4) A determination in force under paragraph 201AA(5)(d) of the
Social Security Act 1991 immediately before the commencement of this item has effect on and after that commencement as if it were a determination in force under subsection 201AA(5B) of that Act.
The amendments of section 408BA of the
Social Security Act 1991 made by this Schedule apply in relation to claims for widow allowance made on or after the commencement of this item.
The amendments of section 500 of the
Social Security Act 1991 made by this Schedule apply in relation to claims for parenting payment made on or after the commencement of this item.
72
Application and saving provisions—youth allowance (1) Paragraph 549D(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 549D(3) to (5) 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 claims for a youth allowance made before that commencement.(3) Subsections 549D(7) and (8) of the
Social Security Act 1991 , as added by this Schedule, apply in relation to claims for a youth allowance made on or after the commencement of this item.(4) The amendment of paragraph 549E(a) of the
Social Security Act 1991 made by this Schedule applies in relation to claims for a youth allowance made on or after the commencement of this item.
73
Application and saving provisions—austudy payment (1) Paragraph 575D(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 575D(3) and (4) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for an austudy payment made on or after the commencement of this item.(3) Subsections 575D(3) and (4) 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 claims for an austudy payment made before that commencement.(4) The amendment of paragraph 575E(a) of the
Social Security Act 1991 made by this Schedule applies in relation to claims for an austudy payment made on or after the commencement of this item.
74
Application and saving provisions—newstart allowance (1) Paragraph 623A(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 623A(3) to (6) and 623B(2) 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 claims for a newstart allowance made before that commencement.(3) Subsections 623A(8) and (9) of the
Social Security Act 1991 , as added by this Schedule, apply in relation to claims for a newstart allowance made on or after the commencement of this item.
75
Application and saving provisions—sickness allowance (1) Paragraph 696B(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 696B(3) and (4) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for sickness allowance made on or after the commencement of this item.(3) Subsections 696B(3) to (6) and 696C(2) 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 claims for sickness allowance made before that commencement.
The amendments of section 739A of the
Social Security Act 1991 made by this Schedule apply in relation to claims for a special benefit made on or after the commencement of this item.
77
Application and saving provisions—partner allowance (1) Paragraph 771HNA(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 771HNA(3) and (4) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a partner allowance made on or after the commencement of this item.(3) Subsections 771HNA(4) and (5) 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 claims for a partner allowance made before that commencement.
78
Application and saving provisions—mobility allowance (1) Subsection 1039AA(1) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 1039AA(3) and (5) 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 claims for a mobility allowance made before that commencement.(3) Subsections 1039AA(5) and (6) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a mobility allowance made on or after the commencement of this item.
79
Application and saving provisions—pensioner education supplement (1) Paragraph 1061PU(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 1061PU(3) and (4) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a pensioner education supplement made on or after the commencement of this item.(3) Subsections 1061PU(3) and (4) 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 claims for a pensioner education supplement made before that commencement.(4) The amendment of paragraph 1061PV(a) of the
Social Security Act 1991 made by this Schedule applies in relation to claims for a pensioner education supplement made on or after the commencement of this item.
80
Application and saving provisions—seniors health card (1) Paragraph 1061ZH(1)(a) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Subsections 1061ZH(3) and (4) of the
Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a seniors health card made on or after the commencement of this item.(3) Subsections 1061ZH(3) to (5) 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 claims for a seniors health card made before that commencement.
81
Application and saving provisions—health care card (1) Subsection 1061ZQ(1) of the
Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.(2) Paragraph 1061ZQ(2)(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 claims for a health care card made before that commencement.(3) Subsections 1061ZQ(3) and (4) of the
Social Security Act 1991 , as added by this Schedule, apply in relation to claims for a health care card made on or after the commencement of this item.(4) Section 1061ZR of the
Social Security Act 1991 , as amended by this Schedule, applies in relation to claims for a health care card made on or after the commencement of this item.
Repeal the section.
Despite the repeal of section 3 of the
Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1997 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:
(a) claims for a social security payment made before that commencement; and
(b) claims for a seniors health card made before that commencement; and
(c) claims for a health care card made before that commencement.
Insert:
eligible family member has the same meaning asfamily member has for the purposes of subsection 7(6AA) of the Social Security Act.
former refugee has the meaning given by subsection 7(1) of the Social Security Act.
refugee has the meaning given by subsection 7(6B) of the Social Security Act.
85
Paragraphs 42(2)(a), (b), (d), (e), (f) and (g) Repeal the paragraphs.
Add:
; (i) a person who is a refugee, or a former refugee, at the time the person made the claim for farm household allowance;
(c) the person who made the original statement makes a further statement to a taxation officer that corrects the original statement in each of the respects in which it is false or misleading in a material particular; and
(d) the further statement:
(i) is in the approved form; and
(ii) if subsection 389‑25(1) in that Schedule provides for a period for correcting the original statement—is made within that period; and
(iii) without limiting subparagraph (ii), is made within 14 days after the end of the financial year in which the original statement was made.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2), see subsection 13.3(3) of the
Criminal Code .
Insert:
(aae) if the taxation objection is made under subsection 8AAZLGB(4) of this Act (retaining refunds until notification under Division 389 or ascertainment of liability)—the period:
(i) starting at the end of the 60 day period after the end of the day before which, under subsection 8AAZLGB(2), the Commissioner is required to inform the entity mentioned in section 8AAZLGB that the Commissioner has retained an amount under that section; and
(ii) ending on the day (if any) on which, under subsection 8AAZLGB(3), the Commissioner ceases to be entitled to retain the amount; or
Add:
Note: This section does not apply to amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
10
At the end of subsection 16‑153(1) in Schedule 1 Add:
Note: A report under this subsection will not cover amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
11
At the end of subsection 16‑153(2) in Schedule 1 Add:
Note: A report under this subsection will not cover amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
12
At the end of subsection 16‑155(2) in Schedule 1 Add:
Note: A payment summary under this section will not cover amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
13
At the end of subsection 16‑160(1) in Schedule 1 Add:
Note: A payment summary under this section will not cover amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
Omit “or” (last occurring).
Repeal the paragraph.
Repeal the subsection, substitute:
(2) The payer must comply with the request within 14 days after receiving it, unless:
(a) the recipient is an individual and has a *reportable fringe benefits amount, for the income year ending at the end of that *financial year, in respect of his or her employment (within the meaning of the
Fringe Benefits Tax Assessment Act 1986 ) by the payer; or(b) the payer has made *reportable employer superannuation contributions, in respect of the recipient’s employment, during the financial year.
Add:
Note: A payment summary under this section will not cover amounts that an employer notifies to the Commissioner under Division 389: see section 389‑20.
18
Subsection 269‑30(2) in Schedule 1 (cell at table item 1, column 3) Repeal the cell, substitute:
|
Add:
Further exception to subsection (1)
(8) You are not liable to an administrative penalty under subsection (1) if:
(a) you made the statement (the
original statement ) under section 389‑5 notifying an amount under item 1 or 2 of the table in subsection 389‑5(1) (and no other item in that table); and(b) the original statement related to the *financial year in which you made it; and
(c) you make a further statement to a taxation officer that corrects the original statement in each of the respects in which it is false or misleading in a material particular; and
(d) the further statement:
(i) is in the *approved form; and
(ii) if subsection 389‑25(1) in that Schedule provides for a period for correcting the original statement—is made within that period; and
(iii) without limiting subparagraph (ii), is made within 14 days after the end of the financial year in which the original statement was made.
20
At the end of subsection 286‑75(1) in Schedule 1 Add:
Note: You may not be liable to a penalty in relation to a failure to notify an amount referred to in item 1 or 2 of the table in section 389‑5 during the period provided for by subitem 22(2) of Schedule 23 to the
Budget Savings (Omnibus) Act 2016 .
21
Section 12AF (paragraph (b) of the definition of RBA interest day ) Repeal the paragraph, substitute:
(b) if, by the day applicable under paragraph (a), the person has not given the Commissioner a notification that:
(i) is required for the refund under section 8AAZLG or 8AAZLGB (as the case requires) of the
Taxation Administration Act 1953 ; and(ii) that is accurate so far as it relates to the refund;
the day on which that notification is given to the Commissioner;
(1) The amendments made by this Part apply in relation to an amount that an entity is required to notify to the Commissioner if the requirement to notify arises on or after the following day (the
application day ):
(a) the day determined under item 24;
(b) if no such day is determined:
(i) if the entity was a substantial employer immediately before 1 July 2018—1 July 2018; or
(ii) otherwise—the first 1 July after which the entity first becomes a substantial employer after 1 July 2018.
(2) Despite subitem (1), the entity is not liable to a penalty under subsection 286‑75(1) in Schedule 1 to the
Taxation Administration Act 1953 in relation to a failure to notify the Commissioner under section 389‑5 in that Schedule if:
(a) the failure relates to an amount referred to in item 1 or 2 of the table in section 389‑5 in that Schedule; and
(b) the failure occurs during the 12 month period following the entity’s application day; and
(c) the Commissioner has not, during that period but before that failure, given to the entity a written notice that:
(i) related to an earlier failure by the entity to notify the Commissioner under section 389‑5 in that Schedule; and
(ii) advised the entity that a further failure to comply with that section may result in the entity being liable to an administrative penalty.
The amendments made by this Part apply in relation to an amount that an entity may notify to the Commissioner if the entitlement to notify arises on or after the following day (the application day):
(a) the day determined under item 24;
(b) if no such day is determined—1 July 2018.
The Commissioner may, by legislative instrument, determine a day that is later than 1 July 2018 to be the application day.
Omit “gives the employer written notice”, substitute “or the Commissioner gives the employer notice”.
Omit “that the employee included in the written notice”, substitute “included in the notice”.
Repeal the subparagraph, substitute:
(i) within 21 days after the employer is given the notice; and
Repeal the subsection, substitute:
(1) If an employee wants a fund to be a chosen fund for the employee, the employee must:
(a) give the employer written notice to that effect; or
(b) give the Commissioner a notice to that effect in the approved form.
Note: A fund can only be a chosen fund if the employer is able to make contributions to the fund for the benefit of the employee (see subsection 32G(2)).
Omit “gives the notice to the employer”, substitute “or the Commissioner gives the notice to the employer,”.
After “the employer”, insert “or the Commissioner”.
Omit “if the employee does not provide, together with the notice under that section”, substitute “and notified under paragraph 32F(1)(a) if the employee does not provide, together with the notice”.
Omit “the employee has not given”, substitute “neither the employee nor the Commissioner has given”.
Insert:
(1A) The employee may give the employer a written notice, or give the Commissioner a notice in the approved form, stating that the old fund continues to be a chosen fund for the employee.
Insert:
A taxation officer (within the meaning of the
Income Tax Assessment Act 1997 ) may disclose another person’s tax file number (within the meaning of that Act) if:
(a) the other person provided the number to the Commissioner in a notice given to the Commissioner under paragraph 32F(1)(b); and
(b) the disclosure is to the other person’s employer.
35
Subsection 355‑50(2) in Schedule 1 (at the end of the table) Add:
10 | any employer (within the meaning of the | is for the purpose of disclosing to that employer information included in a notice given to the Commissioner under subsection 32F(1) or 32H(1A) of that Act by an employee (within the meaning of that Act) of that employer. |
(1) The amendments made by items 34 and 35 apply in relation to disclosures of information on or after 1 January 2017 (whether the information was acquired before, on or after that day).
(2) The other amendments made to the
Superannuation Guarantee (Administration) Act 1992 by this Part apply in relation to notices given on or after 1 January 2017.
After “the declaration”, insert “must be made to the payer or the Commissioner, and”.
Insert:
(1A) However, subsection (1) does not apply if the recipient’s tax file number has been disclosed to the payer under section 202CG before the end of that 14 day period.
Add:
A taxation officer (within the meaning of the
Income Tax Assessment Act 1997 ) may disclose a recipient’s tax file number to a payer of the recipient if the recipient provided the number to the Commissioner in a TFN declaration.
Add:
(4) A disclosure of the employee’s tax file number to the employer under section 202CG of the
Income Tax Assessment Act 1936 is taken, for the purposes of this section, to be a quotation of the number by the employee to his or her employer in connection with the operation of Division 3 of Part VA of that Act.
(1) The amendment made by item 37 applies in relation to declarations made on or after 1 January 2017.
(2) The amendment made by item 38 applies in relation to relationships (of a kind referred to in subsection 202CF(1) of the
Income Tax Assessment Act 1936 ) commenced on or after 1 January 2017.(3) The amendments made by items 39 and 40 apply in relation to disclosures of tax file numbers on or after 1 January 2017 (whether the information was acquired before, on or after that day).
Insert:
(1) The Commissioner may give a payer a notice under subsection (2) if:
(a) the payer gives the Commissioner information that the payer believes to be:
(i) the full name, tax file number and date of birth of a person; or
(ii) the full name, tax file number, date of birth and address of a person; and
(b) the Commissioner is satisfied that:
(i) the person is a recipient of the payer; and
(ii) the recipient has made a TFN declaration in relation to the payer; and
(c) the Commissioner is satisfied, having regard to the information (if any) that the Commissioner has recorded for the tax file number given, that it is reasonable to give the notice.
(2) The notice must state whether or not the Commissioner is able to validate the information given.
(3) To avoid doubt, a notice that the Commissioner is not able to validate the information is not a notice under subsection 202CE(3).
(4) If a person states his or her tax file number in a TFN declaration in relation to the payer, the payer may use the tax file number in a manner connecting it with the person’s identity for the purpose of asking the Commissioner to validate information about the person under this section.
The amendment made by this Part applies in relation to information given to the Commissioner on or after 1 January 2017.
Schedule 24 — Single appeal path under the Military Rehabilitation and Compensation Act
Omit “claimant’s rights to apply for reconsideration or review”, substitute “claimant’s right to apply for review”.
Omit:
There are 2 possible paths in the reconsideration and review process depending on the type of reconsideration sought by the claimant.
Omit “ask the Commission to reconsider it or”.
Omit “If dissatisfied with the determination on reconsideration or review”, substitute “If dissatisfied with the determination on review”.
Repeal the paragraph.
Omit “request a reconsideration of the determination under section 349 or”.
Repeal the heading, substitute:
Repeal the subsections.
Repeal the subsection.
Insert:
(1B) If:
(a) a person applies to the Tribunal for review of a decision (the
reviewable decision ) that is a reviewable determination made by the Board; and(b) that reviewable determination is a determination affirming an original determination made by the Commission; and
(c) in the course of the review by the Tribunal, the person provides to the Tribunal a document relevant to the review; and
(d) the Tribunal is satisfied that, at the time when the Board made the reviewable determination, the Board did not have the document and the person could have provided the document to the Board without unreasonable expense or inconvenience; and
(e) the Tribunal is satisfied that, if the Board had the document at the time when the Board made the reviewable determination, the Board would have made a determination more favourable to the claimant than the reviewable determination;
then section 42D of the
Administrative Appeals Tribunal Act 1975 applies in relation to the review by the Tribunal of the reviewable decision as if references in that section to the person who made the decision were instead references to the Commission.
(1C) If, under subsection 42D(1) of the
Administrative Appeals Tribunal Act 1975 (as modified by subsection (1B) of this section), the Tribunal remits the reviewable decision to the Commission for reconsideration of that decision by the Commission:
(a) subsections 42D(2), (5), (6) and (7) of that Act do not apply in relation to that remittal; and
(b) the Commission must reconsider that decision, and do one of the following things, within the period of 28 days beginning on the day on which that decision was remitted to the Commission:
(i) affirm that decision;
(ii) vary that decision;
(iii) set aside that decision and make a new decision in substitution for the decision set aside; and
(c) if the Commission has not reconsidered that decision, and done one of those things, within that 28‑day period, the Commission is taken to have affirmed that decision; and
(d) subsections 42D(3), (4) and (8) of that Act apply in relation to that remittal.
Note: Section 42D of the
Administrative Appeals Tribunal Act 1975 applies normally in respect of other kinds of reviewable determinations.
Insert:
(6A) If, in any proceedings, the Tribunal varies or sets aside a reviewable determination made by the Board, the Tribunal must not make an order under subsection (2) or (4) in favour of a claimant in relation to the costs of those proceedings if:
(a) in the course of the review by the Tribunal, the claimant provided to the Tribunal a document relevant to the review; and
(b) the Tribunal is satisfied that, at the time when the Board made the reviewable determination, the Board did not have the document and the claimant could have provided the document to the Board without unreasonable expense or inconvenience; and
(c) the Tribunal is satisfied that, if the Board had the document at the time when the Board made the reviewable determination, the Board would have made a determination more favourable to the claimant than the reviewable determination.
(6B) If, in any proceedings, the Tribunal varies or sets aside a reviewable determination made by the Board, the Tribunal must not make an order under subsection (2) or (4) in favour of a claimant in relation to the costs of those proceedings if the Tribunal is satisfied that:
(a) in connection with the review by the Tribunal or Board, the claimant was granted legal aid under a Commonwealth, State or Territory legal aid scheme or service; or
(b) the claimant failed, without reasonable excuse, to appear at the hearing of the review by the Board; or
(c) in connection with the review by the Board, the claimant failed to comply with a direction under subsection 148(4B) of the
Veterans’ Entitlements Act 1986 ; or(d) the claimant failed to comply with a notice under section 330 before the Commission made the original determination in relation to which the reviewable determination was made.
(6C) If, in any proceedings, the Tribunal remits a reviewable determination made by the Board to the Commission as mentioned in subsection 354(1C), the Tribunal must not make an order under subsection (2) or (4) in favour of a claimant in relation to the costs of those proceedings.
Omit “Sections 356, 357 and 358 do”, substitute “Section 356 does”.
The amendments made by this Schedule apply in relation to original determinations made on or after the commencement of this item.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Budget Savings (Omnibus) Act 2016 | 55, 2016 | 16 Sept 2016 | Sch 1 and 19: 1 July 2018 (s 2(1) items 2, 21) Sch 2: 1 Jan 2018 (s 2(1) item 3) Sch 3, 11 and Sch 21 (items 132, 133): 1 July 2017 (s 2(1) items 4, 13, 24) Sch 4, Sch 8 (items 1–23), Sch 10, 12, 13, 15, 16, 18 and 24: 1 Jan 2017 (s 2(1) items 5, 8, 12, 14, 15, 17, 18, 20, 26) Sch 5, 6 and Sch 8 (items 24–33): 17 Sept 2016 (s 2(1) items 6, 9) Sch 7: 1 Nov 2016 (s 2(1) item 7) Sch 8 (items 34–38): 14 Oct 2016 (s 2(1) item 10) Sch 14, 22 and 23: 1 Oct 2016 (s 2(1) items 16, 25) Sch 21 (items 1–131): 20 Mar 2017 (s 2(1) item 23) Sch 21A: 1 July 2016 (s 2(1) item 24A) Remainder: 16 Sept 2016 (s 2(1) items 1, 19) | |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (item 152): 1 Sept 2021 (s 2(1) item 5) | — |
item 33.................................. | am No 13, 2021 |
0
0
0