Omnibus Repeal Day (Autumn 2015) Act 2016 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Omnibus Repeal Day (Autumn 2015) 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. | 5 May 2016 |
Schedules 1 and 2 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Schedule 3 | The later of: (a) 1 July 2015; and
| 2 June 2016 (paragraph (b) applies) |
Schedules 3A and 4 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Schedule 5, items 1 to 16 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Schedule 5, items 17 to 21 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | Never commenced |
Schedule 5, items 22 to 83 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Schedule 6 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Schedule 7, items 1 to 4 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Schedule 7, items 5 to 23 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 6 May 2016 (paragraph (a) applies) |
Schedule 7, items 24 to 36 | The day after this Act receives the Royal Assent. | 6 May 2016 |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Omit “
, to establish an Australian Landcare Council ”.
Repeal the definition.
Repeal the definition.
11
Subsection 4(1) (definition of Environment Minister ) Repeal the definition.
Repeal the definition.
Repeal the paragraph.
Repeal the Part.
Repeal the section.
The repeal of paragraph 11(5)(b) of the
Natural Resources Management (Financial Assistance) Act 1992 made by this Part does not apply in relation to expenses incurred before the commencement of this Part.
Omit “
, the Export Inspection (Service Charge) Act 1985 and the Domestic Meat Premises Charge Act 1993 ”, substitute “and the Export Inspection (Service Charge) Act 1985 ”.
Omit “
and Meat ”.Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the
Acts Interpretation Act 1901 ).
19
Subsection 3(1) (paragraph (c) of the definition of charge ) Omit “charge; or”, substitute “charge.”.
20
Subsection 3(1) (paragraph (d) of the definition of charge ) Repeal the paragraph.
21
Subsection 3(1) (definition of domestic meat premises charge ) Repeal the definition.
22
Subsection 3(1) (definition of killing or processing plant ) Repeal the definition.
Repeal the subsection.
Repeal the section.
25
Subsection 16(1) (definition of relevant decision ) Repeal the definition, substitute:
relevant decision means a decision of an authorised person under subsection 11(2).
Repeal the section.
(1) Despite the amendments made by this Part, the
Export Inspection and Meat Charges Collection Act 1985 , as in force immediately before the commencement of this item, continues to apply in relation to domestic meat charge imposed before the commencement of this item.(2) The amendment made by item 25 applies in relation to decisions made on or after the commencement of this item.
Omit “
and Meat ”.
Omit “
and Meat ”.
Omit “
and Meat ”.
Omit:
• The Natural Heritage Trust Advisory Committee is established.
Repeal the Part.
Repeal the definition.
Repeal the definition.
Repeal the Division.
Repeal the paragraph.
Repeal the subsection.
Omit “(1)”.
Repeal the subsection.
Repeal the subsection.
Omit “(1)”.
Repeal the subsection.
Repeal the subsection.
Add:
Note: Sections 137.1 and 137.2 of the
Criminal Code create offences for providing false or misleading information or documents.
Repeal the subsection.
Omit “and the compensable person”.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: Sections 137.1 and 137.2 of the
Criminal Code create offences for providing false or misleading information or documents.
Repeal the subsection.
Add:
Note: Sections 137.1 and 137.2 of the
Criminal Code create offences for providing false or misleading information or documents.
(1) The repeals made by items 2 and 6 of this Schedule apply in relation to statements given on or after the commencement of this item.
(2) The amendment made by item 3 of this Schedule applies in relation to notices given on or after the commencement of this item.
Repeal the section, substitute:
The annual report prepared by the Board and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must also include:
(a) details of any directions given to Infrastructure Australia by the Minister under subsection 6(1) of this Act during the period; and
(b) details of each method of preparing cost benefit analyses approval of which was in force under subsection 5B(3) of this Act at any time during the period, including the weight required to be assigned to each factor and the method required be taken into account.
Repeal the Act.
Repeal the Act.
Repeal the section.
Insert:
(2A) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
Add:
(3) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
Insert:
(2AA) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
Insert:
(2A) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
The amendments made by this Part apply in relation to protected information obtained before, on or after the commencement of this Part.
Repeal the paragraphs.
Repeal the subclause.
Repeal the Part.
Repeal the note.
Omit “each of those indexed amounts will be further indexed”, substitute “the amount in each item of the table will be indexed”.
Repeal the subsection.
Omit “Note 1”, substitute “Note”.
Repeal the note.
Repeal the Division.
Omit “indexed; and”, substitute “indexed.”.
Repeal the paragraph.
Omit “[subsection 660YCJ(2)—Table—column 3B—item 1]”.
Omit “[subsection 660YCJ(2)—Table—column 3A—item 2]”.
Omit “[subsection 660YCJ(2)—Table—column 3B—item 2]”.
Omit “[subsection 660YCJ(2)—Table—column 3A—item 3]”.
Omit “[subsection 660YCJ(2)—Table—column 3B—item 3]”.
Omit “[subsection 771HF(2)—Table—column 3—item 3]”, substitute “[subsection 771HF(2)—Table—column 3—item 2]”.
Omit “[paragraph 831A(2)(d)]”.
Repeal the cell, substitute:
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25
Section 1190 (cell at table item 49D, column 2) Repeal the cell, substitute:
|
Omit “Subject to subsection (1A), an”, substitute “An”.
Repeal the subsection.
Omit “Note 1”, substitute “Note”.
Repeal the notes.
30
Subsections 1192(3) to (4AA), (4A), (6), (8) and (9) Repeal the subsections.
Repeal the Divisions.
Repeal the subsections.
Repeal the sections.
34
Subsection 23(1) (definition of eligible descendant ) Repeal the definition.
35
Subsection 23(1) (definition of eligible former partner of a qualifying farmer ) Repeal the definition.
36
Subsection 23(1) (definition of eligible former partner of a qualifying sugarcane farmer ) Repeal the definition.
37
Subsection 23(1) (definition of eligible interest ) Repeal the definition.
Repeal the definition.
39
Subsection 23(1) (definition of farm enterprise ) Repeal the definition.
Repeal the definition, substitute:
pension age has the meaning given by subsections (5A), (5B), (5C) and (5D).
41
Subsection 23(1) (definition of proprietary company ) Repeal the definition, substitute:
proprietary company has the same meaning as in theCorporations Act 2001 .
42
Subsection 23(1) (definition of qualifying farmer ) Repeal the definition.
43
Subsection 23(1) (definition of qualifying interest ) Repeal the definition.
44
Subsection 23(1) (definition of qualifying sugarcane farmer ) Repeal the definition.
45
Subsection 23(1) (definition of RASF closing day ) Repeal the definition.
46
Subsection 23(1) (definition of RASF commencement day ) Repeal the definition.
47
Subsection 23(1) (definition of relevant farm asset ) Repeal the definition.
48
Subsection 23(1) (definition of relevant State land law ) Repeal the definition.
49
Subsection 23(1) (definition of relevant sugarcane farm asset ) Repeal the definition.
50
Subsection 23(1) (definition of sugarcane farm ) Repeal the definition.
51
Subsection 23(1) (definition of sugarcane farm enterprise ) Repeal the definition.
52
Subsection 23(1) (definition of total net value ) Repeal the definition.
Repeal the definition.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the note.
Omit “Note 2”, substitute “Note”.
Repeal the Parts.
Omit “(as defined by section 17A)”.
Insert:
(3A) For the purposes of paragraph (1)(h), an
eligible descendant , in relation to a person, is:
(a) a child, step‑child or adopted child of the person or of a partner of the person; or
(b) a descendant in direct line of a child described in paragraph (a); or
(c) any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).
Repeal the clauses.
If, immediately before the commencement of this item, subsection 12A(2) of the
Social Security Act 1991 did not apply to a person because of subsection 12A(2A) or (2B) of that Act, then despite the repeal of subsections 12A(2A) and (2B) of that Act made by this Schedule, subsection 12A(2A) or (2B) of that Act, as the case may be, continues to apply in relation to the person on and after that commencement.
Repeal the item.
Omit “partner not holder of a seniors health card and person not getting pension or benefit before 12 March 1992”, substitute “and partner not a holder of a seniors health card”.
Omit “(except the item 2 amount)”.
Omit “neither item 2 nor 3 applies”, substitute “item 3 does not apply”.
Repeal the subsections.
Repeal the item.
Omit “partner not a holder of a seniors health card and person not getting pension or benefit before 12 March 1992”, substitute “and partner not a holder of a seniors health card”.
Omit “(except the item 2 amount)”.
Omit “neither item 2 nor 3 applies”, substitute “item 3 does not apply”.
Repeal the subsections.
77
Clauses 21, 27, 41 to 48, 67, 69B, 96, 99, 100, 101, 102A to 102E, 104, 104A, 108, 108A, 109 and 109A of Schedule 1A Repeal the clauses.
Omit “, subject to clause 114,”.
Repeal the note.
Repeal the clauses.
Repeal the paragraph.
82
Clauses 116, 117, 120, 120A and 127 of Schedule 1A Repeal the clauses.
Omit “clause 19”, substitute “clause 38N”.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Repeal the Act.
Omit “, 26C”.
Omit “, 26BB, 26C”, substitute “or 26BB”.
Repeal the sections.
9
Subsection 26BB(1) (paragraph (c) of the definition of traditional security ) Repeal the paragraph.
Repeal the section.
Repeal the Subdivision.
Omit “, other than an amount referred to in subsection 26C(1)”.
13
Subsection 159GP(1) (paragraph (b) of the definition of qualifying security ) Repeal the paragraph.
Omit “, not being a prescribed security within the meaning of section 26C,”.
15
Subsection 57‑25(6) of Schedule 2D (table item 2) Repeal the item.
Omit:
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Repeal the item.
18
Section 12‑5 (table item headed “regional headquarters (RHQs)”) Repeal the item.
The repeals and amendments made by this Schedule (other than items 2, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 17) apply:
(a) so far as they affect assessments—to assessments for the 2015‑16 income year and all later income years; and
(b) otherwise—to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.
20
Application of items 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 17
The repeals and amendments made by items 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 17 of this Schedule apply in respect of securities issued on or after the commencement of this Schedule.
The object of this Division is to ensure that, despite the repeals and amendments made by this Schedule, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
22
Making and amending assessments, and doing other things, in relation to past matters Even though an Act is repealed or amended by this Schedule, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument:
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
23
Saving of provisions about effect of assessments If a provision or part of a provision that is repealed or amended by this Schedule deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
24
Repeals disregarded for the purposes of dependent provisions If the operation of a provision (the
subject provision ) of any Act or legislative instrument depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
25
Schedule does not limit operation of section 7 of the Acts Interpretation Act 1901 This Schedule does not limit the operation of section 7 of the
Acts Interpretation Act 1901 .
Repeal the subsections.
Repeal the sections.
Omit “section 5PAA,”.
Omit “Division 8A of Part IIIB,”.
5
Subsection 5Q(1) (definition of eligible descendant ) Repeal the definition.
6
Subsection 5Q(1) (definition of eligible former partner of a qualifying farmer ) Repeal the definition.
7
Subsection 5Q(1) (definition of eligible former partner of a qualifying sugarcane farmer ) Repeal the definition.
8
Subsection 5Q(1) (definition of eligible interest ) Repeal the definition.
Repeal the definition.
10
Subsection 5Q(1) (definition of farm enterprise ) Repeal the definition.
11
Subsection 5Q(1) (definition of proprietary company ) Repeal the definition.
12
Subsection 5Q(1) (definition of qualifying farmer ) Repeal the definition.
13
Subsection 5Q(1) (definition of qualifying interest ) Repeal the definition.
14
Subsection 5Q(1) (definition of qualifying sugarcane farmer ) Repeal the definition.
15
Subsection 5Q(1) (definition of RASF closing day ) Repeal the definition.
16
Subsection 5Q(1) (definition of RASF commencement day ) Repeal the definition.
17
Subsection 5Q(1) (definition of relevant farm asset ) Repeal the definition.
18
Subsection 5Q(1) (definition of relevant State land law ) Repeal the definition.
19
Subsection 5Q(1) (definition of relevant sugarcane farm asset ) Repeal the definition.
20
Subsection 5Q(1) (definition of sugarcane farm ) Repeal the definition.
21
Subsection 5Q(1) (definition of sugarcane farm enterprise ) Repeal the definition.
22
Subsection 5Q(1) (definition of total net value ) Repeal the definition.
Repeal the definition.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the note.
Repeal the Divisions.
Repeal the note.
Omit “Note 2”, substitute “Note”.
Omit “(as defined by section 5P)”.
Insert:
(3A) For the purposes of paragraph (1)(h), an
eligible descendant , in relation to a person, is:
(a) a child, step‑child or adopted child of the person or of a partner of the person; or
(b) a descendant in direct line of a child described in paragraph (a); or
(c) any other person who, in the opinion of the Commission, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).
If, immediately before the commencement of this item, subsection 5MA(2) of the
Veterans’ Entitlements Act 1986 did not apply to a person because of subsection 5MA(2A) or (2B) of that Act, then despite the repeal of subsections 5MA(2A) and (2B) of that Act made by this Schedule, subsection 5MA(2A) or (2B) of that Act, as the case may be, continues to apply in relation to the person on and after that commencement.
Repeal the clause.
Repeal the subclause.
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