Aged Care (Accommodation Payment Security) Levy Amendment (Norfolk Island) Act 2015
No. 55, 2015
An Act to amend the Aged Care (Accommodation Payment Security) Levy Act 2006, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Aged Care (Accommodation Payment Security) Levy Act 2006
Aged Care (Accommodation Payment Security) Levy Amendment (Norfolk Island) Act 2015
No. 55, 2015
An Act to amend the Aged Care (Accommodation Payment Security) Levy Act 2006, and for related purposes
[Assented to 26 May 2015]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Aged Care (Accommodation Payment Security) Levy Amendment (Norfolk Island) Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 26 May 2015 |
2. Schedule 1 | At the same time as Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015 commences. | 1 July 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Note: This table relates only to the provisions of this Act as originally enacted.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.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Aged Care (Accommodation Payment Security) Levy Act 2006
1 Subsection 3(2)
After “except”, insert “Norfolk Island,”.
[Minister’s second reading speech made in—
House of Representatives on 26 March 2015
Senate on 13 May 2015]
Overview
The Aged Care (Accommodation Payment Security) Levy Amendment (Norfolk Island) Act 2015 was enacted by the Parliament of Australia to address a legislative gap concerning the application of the Aged Care (Accommodation Payment Security) Levy Act 2006 to Norfolk Island. This Act amends the existing legislation to ensure that the Levy applies uniformly across all territories, including Norfolk Island. The primary objective of this amendment is to enhance the security of accommodation payments for aged care recipients on Norfolk Island, aligning the regulatory framework with that of the mainland. The Act received Royal Assent on 26 May 2015, with specific provisions coming into effect on 1 July 2016, in conjunction with the Norfolk Island Legislation Amendment Act 2015.
Scope and Application
The Aged Care (Accommodation Payment Security) Levy Amendment (Norfolk Island) Act 2015 amends the Aged Care (Accommodation Payment Security) Levy Act 2006 to extend the application of the levy to Norfolk Island. This amendment ensures that the Levy, which is designed to secure payments for aged care accommodation services, now applies to services provided on Norfolk Island. The Act applies to any entity that provides aged care accommodation services on Norfolk Island, and it operates under the broader legislative framework of the Commonwealth of Australia. The amendments are specifically targeted to exclude Norfolk Island from the exceptions previously outlined in the 2006 Act, thereby ensuring a consistent application of the levy across all territories under Australian jurisdiction. The Act came into force on 26 May 2015, with further provisions taking effect on 1 July 2016, aligning with the commencement of related legislation concerning Norfolk Island.
Key Provisions
The Aged Care (Accommodation Payment Security) Levy Amendment (Norfolk Island) Act 2015 makes specific changes to the Aged Care (Accommodation Payment Security) Levy Act 2006. The primary amendment is found in Schedule 1, which modifies subsection 3(2) of the 2006 Act. This amendment inserts "Norfolk Island," into the list of exceptions, thereby altering the scope of the levy to include Norfolk Island. This means that the Aged Care (Accommodation Payment Security) Levy will now apply to Norfolk Island, extending its jurisdiction beyond the mainland and Tasmania.
The obligations imposed by this Act primarily concern the entities and individuals involved in the provision and administration of aged care services on Norfolk Island. These obligations include ensuring compliance with the amended levy provisions. Providers of aged care services must now account for the levy in their financial planning and reporting, while the Norfolk Island government must implement the necessary administrative changes to enforce the levy. Both parties must adhere to the new legal framework established by the 2015 Act, ensuring that the financial security mechanisms for aged care accommodation are extended to Norfolk Island residents.
Breaches of the provisions set out in this Act could result in various consequences. While specific offences and penalties are not detailed within the Act itself, the general framework of the Aged Care (Accommodation Payment Security) Levy Act 2006 would likely apply. Typically, non-compliance with levy requirements could result in financial penalties, legal actions, or other administrative consequences. The maximum penalties for such breaches could include fines or other sanctions as prescribed under the broader aged care legislation. These measures are designed to ensure that the financial obligations and protections are upheld for aged care recipients on Norfolk Island.