DisabilityCare Australia Fund (Consequential Amendments) Act 2013

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Legislation au C2013A00086 In force Act

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DisabilityCare Australia Fund (Consequential Amendments) Act 2013

 

No. 86, 2013

 

 

 

 

 

An Act to deal with consequential matters arising from the enactment of the DisabilityCare Australia Fund Act 2013, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

COAG Reform Fund Act 2008

Future Fund Act 2006

Nation‑building Funds Act 2008

 

 

 

DisabilityCare Australia Fund (Consequential Amendments) Act 2013

No. 86, 2013

 

 

 

An Act to deal with consequential matters arising from the enactment of the DisabilityCare Australia Fund Act 2013, and for related purposes

[Assented to 28 June 2013]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the DisabilityCare Australia Fund (Consequential Amendments) Act 2013.

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

Provision(s)

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.

28 June 2013

2.  Schedule 1

The later of:

(a) 1 July 2014; and

(b) the commencement of Schedule 1 to the Medicare Levy Amendment (DisabilityCare Australia) Act 2013.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2014 (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Note:  This table relates only to the provisions of this Act as originally enacted.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.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

COAG Reform Fund Act 2008

1  Subsection 5(2) (after note 2)

Insert:

Note 2A: An amount originating in the DisabilityCare Australia Fund may be transferred to the COAG Reform Fund—see the DisabilityCare Australia Fund Act 2013.

2  After paragraph 7(1)(b)

Insert:

 (ba) the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; and

3  Subsection 7(3) (after note 1)

Insert:

Note 1A: The provision referred to in paragraph (1)(ba) deals with the channelling, through the COAG Reform Fund, of State/Territory grants payments from the DisabilityCare Australia Fund established by the DisabilityCare Australia Fund Act 2013. For terms and conditions of those grants, see the DisabilityCare Australia Fund Act 2013.

Future Fund Act 2006

4  Section 4 (note)

After “Nation‑building Funds Act 2008”, insert “and the DisabilityCare Australia Fund Act 2013”.

5  Section 5

Insert:

DisabilityCare Australia Fund means the DisabilityCare Australia Fund established by section 10 of the DisabilityCare Australia Fund Act 2013.

6  Section 5

Insert:

DisabilityCare Australia Fund Special Account means the DisabilityCare Australia Fund Special Account established by section 11 of the DisabilityCare Australia Fund Act 2013.

7  Section 5

Insert:

National Disability Insurance Minister means the Minister who administers the National Disability Insurance Scheme Act 2013.

8  Section 13 (note 2A)

Omit “and the Health and Hospitals Fund”, substitute “the Health and Hospitals Fund and the DisabilityCare Australia Fund”.

9  Subsection 28(5)

Omit “Neither”, substitute “None”.

10  After paragraph 28(5)(b)

Insert:

 (ba) the DisabilityCare Australia Fund Act 2013;

11  Subsection 28(5)

Omit “prevents”, substitute “prevent”.

12  At the end of subsection 28(5)

Add:

 ; (g) subsection 39(1) of the DisabilityCare Australia Fund Act 2013.

13  Section 33 (note)

After “the Nation‑building Funds Act 2008”, insert “and the DisabilityCare Australia Fund Act 2013”.

14  At the end of paragraph 35(b)

Add:

 or (iii) the DisabilityCare Australia Fund Act 2013;

15  Subsection 55(3)

Repeal the subsection, substitute:

 (3) Subsections (1) and (2) do not apply to the operations of the Board under:

 (a) the Nation‑building Funds Act 2008; and

 (b) the DisabilityCare Australia Fund Act 2013.

16  At the end of paragraph 63(1)(b)

Add “or”.

17  After paragraph 63(1)(b)

Insert:

 (c) the DisabilityCare Australia Fund Act 2013;

18  After paragraph 63(2)(aa)

Insert:

 (ab) the DisabilityCare Australia Fund Act 2013; or

19  After subsection 81(1C)

Insert:

DisabilityCare Australia Fund

 (1D) A report under subsection (1) for a financial year must include a report of:

 (a) the performance of the investments of the DisabilityCare Australia Fund; and

 (b) the total amount debited from the DisabilityCare Australia Fund Special Account for the purpose mentioned in paragraph 15(d) of the DisabilityCare Australia Fund Act 2013; and

 (c) the total amount debited from the DisabilityCare Australia Fund Special Account for the purpose mentioned in paragraph 16(d) of the DisabilityCare Australia Fund Act 2013; and

 (d) the total amount debited from the DisabilityCare Australia Fund Special Account for the purpose mentioned in paragraph 16(e) of the DisabilityCare Australia Fund Act 2013; and

 (e) the total amount debited from the DisabilityCare Australia Fund Special Account for the purpose mentioned in paragraph 16(f) of the DisabilityCare Australia Fund Act 2013;

during the financial year.

20  After subsection 81(2C)

Insert:

 (2D) A report under this section must include a benchmark in relation to the amounts referred to in paragraphs (1D)(b) to (e).

21  After paragraph 81(4)(e)

Insert:

 (ea) the National Disability Insurance Minister;

22  At the end of paragraph 83B(1)(d)

Add “or”.

23  After paragraph 83B(1)(d)

Insert:

 (da) subsection 39(1) of the DisabilityCare Australia Fund Act 2013;

24  After subparagraph 84(1)(b)(ii)

Insert:

 (iia) a provision of the DisabilityCare Australia Fund Act 2013;

25  At the end of paragraph 84(1)(b)

Add:

 or (vii) the DisabilityCare Australia Fund Special Account;

26  After subsection 84(4)

Insert:

Transfer of amounts to the DisabilityCare Australia Fund Special Account

 (4A) If an amount is credited to the Fund Account under subsection (1), the nominated Minister may, by writing, direct that a specified amount is to be:

 (a) debited from the Fund Account; and

 (b) credited to the DisabilityCare Australia Fund Special Account;

on a specified day.

27  Paragraph 84(5)(b)

Omit “and (4)”, substitute “, (4) and (4A)”.

28  Subsection 84(6)

Omit “or (4)”, substitute “, (4) or (4A)”.

29  At the end of paragraph 2(2)(a) of Schedule 2

Add:

 or (vi) paragraph 15(e) of the DisabilityCare Australia Fund Act 2013;

30  At the end of paragraph 2(2)(b) of Schedule 2

Add:

 or (vi) paragraph 15(f) of the DisabilityCare Australia Fund Act 2013;

31  At the end of paragraph 2(2)(c) of Schedule 2

Add:

 or (vi) a paragraph of section 15 of the DisabilityCare Australia Fund Act 2013;

32  Clause 1 of Schedule 2A

Omit “or the Health and Hospitals Fund”, substitute “, the Health and Hospitals Fund or the DisabilityCare Australia Fund”.

33  At the end of Schedule 2A

Add:

5  Transfers from the Future Fund to the DisabilityCare Australia Fund

 (1) If an amount is debited from the DisabilityCare Australia Fund Special Account for a purpose mentioned in section 16 of the DisabilityCare Australia Fund Act 2013, the nominated Minister may, by writing, direct that a specified amount is to be:

 (a) debited from the Fund Account; and

 (b) credited to the DisabilityCare Australia Fund Special Account;

on a specified day.

 (2) The specified amount must not exceed the amount debited from the DisabilityCare Australia Fund Special Account as mentioned in subsection (1).

 (3) A direction under subsection (1) is not a legislative instrument.

Nation‑building Funds Act 2008

34  Section 4

Insert:

DisabilityCare Australia Fund Special Account means the DisabilityCare Australia Fund Special Account established by section 11 of the DisabilityCare Australia Fund Act 2013.

35  At the end of paragraph 20(a)

Add:

 or (vi) paragraph 15(e) of the DisabilityCare Australia Fund Act 2013;

36  At the end of paragraph 20(b)

Add:

 or (vi) paragraph 15(f) of the DisabilityCare Australia Fund Act 2013;

37  At the end of paragraph 20(c)

Add:

 or (vi) a paragraph of section 15 of the DisabilityCare Australia Fund Act 2013;

38  At the end of Division 5 of Part 2.2

Add:

29A  Transfers from the Building Australia Fund to the DisabilityCare Australia Fund

 (1) If an amount is debited from the DisabilityCare Australia Fund Special Account for a purpose mentioned in section 16 of the DisabilityCare Australia Fund Act 2013, the Finance Minister may, by writing, direct that a specified amount is to be:

 (a) debited from the Building Australia Fund Special Account; and

 (b) credited to the DisabilityCare Australia Fund Special Account;

on a specified day.

 (2) The specified amount must not exceed the amount debited from the DisabilityCare Australia Fund Special Account as mentioned in subsection (1).

 (3) A direction under subsection (1) is not a legislative instrument.

39  Subsection 122(1)

After “29,”, insert “29A,”.

40  Subsection 122(3)

Omit “or 29”, substitute “, 29 or 29A”.

41  At the end of paragraph 138(a)

Add:

 or (vi) paragraph 15(e) of the DisabilityCare Australia Fund Act 2013;

42  At the end of paragraph 138(b)

Add:

 or (vi) paragraph 15(f) of the DisabilityCare Australia Fund Act 2013;

43  At the end of paragraph 138(c)

Add:

 or (vi) a paragraph of section 15 of the DisabilityCare Australia Fund Act 2013;

44  At the end of Division 5 of Part 3.2

Add:

148A  Transfers from the Education Investment Fund to the DisabilityCare Australia Fund

 (1) If an amount is debited from the DisabilityCare Australia Fund Special Account for a purpose mentioned in section 16 of the DisabilityCare Australia Fund Act 2013, the Finance Minister may, by writing, direct that a specified amount is to be:

 (a) debited from the Education Investment Fund Special Account; and

 (b) credited to the DisabilityCare Australia Fund Special Account;

on a specified day.

 (2) The specified amount must not exceed the amount debited from the DisabilityCare Australia Fund Special Account as mentioned in subsection (1).

 (3) A direction under subsection (1) is not a legislative instrument.

45  Subsection 207(1)

After “148,”, insert “148A,”.

46  Subsection 207(3)

Omit “or 148”, substitute “, 148 or 148A”.

47  At the end of paragraph 219(a)

Add:

 or (vi) paragraph 15(e) of the DisabilityCare Australia Fund Act 2013;

48  At the end of paragraph 219(b)

Add:

 or (vi) paragraph 15(f) of the DisabilityCare Australia Fund Act 2013;

49  At the end of paragraph 219(c)

Add:

 or (vi) a paragraph of section 15 of the DisabilityCare Australia Fund Act 2013;

50  At the end of Division 5 of Part 4.2

Add:

224A  Transfers from the Health and Hospitals Fund to the DisabilityCare Australia Fund

 (1) If an amount is debited from the DisabilityCare Australia Fund Special Account for a purpose mentioned in section 16 of the DisabilityCare Australia Fund Act 2013, the Finance Minister may, by writing, direct that a specified amount is to be:

 (a) debited from the Health and Hospitals Fund Special Account; and

 (b) credited to the DisabilityCare Australia Fund Special Account;

on a specified day.

 (2) The specified amount must not exceed the amount debited from the DisabilityCare Australia Fund Special Account as mentioned in subsection (1).

 (3) A direction under subsection (1) is not a legislative instrument.

51  Subsection 275(1)

After “224,”, insert “224A,”.

52  Subsection 275(3)

Omit “or 224”, substitute “, 224 or 224A”.

 

[Minister’s second reading speech made in—

House of Representatives on 29 May 2013

Senate on 17 June 2013]

(128/13)

 

Overview

The DisabilityCare Australia Fund (Consequential Amendments) Act 2013 was enacted by the Parliament of Australia on 28 June 2013. The Act addresses consequential matters arising from the establishment of the DisabilityCare Australia Fund Act 2013, ensuring that existing legislation is aligned with the new fund. This includes amendments to the COAG Reform Fund Act 2008, the Future Fund Act 2006, and the Nation-building Funds Act 2008. The policy objective of the Act is to facilitate the proper functioning and integration of the DisabilityCare Australia Fund within the broader legislative framework, ensuring that all relevant Acts are updated to reflect the new fund's existence and operations. The amendments include references to the new fund, the transfer of amounts between funds, and the inclusion of specific provisions to manage the interactions between the DisabilityCare Australia Fund and other related funds.

Scope and Application

The DisabilityCare Australia Fund (Consequential Amendments) Act 2013 is an Australian Commonwealth Act that amends several other Acts to reflect the establishment of the DisabilityCare Australia Fund under the DisabilityCare Australia Fund Act 2013. The Act applies to the COAG Reform Fund Act 2008, the Future Fund Act 2006, and the Nation-building Funds Act 2008, making specific changes to integrate the operations and management of the DisabilityCare Australia Fund with these existing funds. The amendments include provisions for the transfer of amounts between these funds, reporting requirements, and the establishment of the DisabilityCare Australia Fund Special Account. The Act commenced on 28 June 2013, with certain provisions coming into effect on 1 July 2014, contingent upon the commencement of the Medicare Levy Amendment (DisabilityCare Australia) Act 2013. The Act does not explicitly state any exclusions, exemptions, or thresholds, but the amendments are specifically tailored to align with the operational framework set out in the DisabilityCare Australia Fund Act 2013. The Act does not extend or restrict its application through subordinate instruments.

Key Provisions

The DisabilityCare Australia Fund (Consequential Amendments) Act 2013 primarily focuses on making amendments to other related Acts to accommodate the establishment of the DisabilityCare Australia Fund under the DisabilityCare Australia Fund Act 2013. The main sections of this Act involve amendments to the COAG Reform Fund Act 2008, the Future Fund Act 2006, and the Nation-building Funds Act 2008. These amendments are detailed in Schedule 1 of the Act. The Act also specifies the commencement date for these amendments, which is the later of 1 July 2014 or the commencement of Schedule 1 to the Medicare Levy Amendment (DisabilityCare Australia) Act 2013. If the latter event does not occur, the amendments will commence on 1 July 2014. The Act imposes several obligations on the parties and entities it governs. For example, it requires the COAG Reform Fund Act 2008 to include provisions that allow transfers from the DisabilityCare Australia Fund. Similarly, the Future Fund Act 2006 and the Nation-building Funds Act 2008 are amended to include definitions and references to the DisabilityCare Australia Fund and its Special Account. These amendments ensure that the operations of these Funds are aligned with the objectives of the DisabilityCare Australia Fund. Additionally, the Act mandates the inclusion of specific reports and benchmarks in the annual reports of the Future Fund, relating to the performance of the DisabilityCare Australia Fund and the transactions involving its Special Account. Furthermore, the Act outlines specific provisions for the transfer of amounts between the DisabilityCare Australia Fund Special Account and other Funds such as the Building Australia Fund, the Education Investment Fund, and the Health and Hospitals Fund. These provisions empower the Finance Minister to direct the transfer of specified amounts between these accounts, subject to certain conditions. For instance, the amount to be transferred must not exceed the amount debited from the DisabilityCare Australia Fund Special Account for a particular purpose. In terms of consequences for non-compliance, the Act does not explicitly state offences or penalties for breach of its provisions. However, given the nature of the amendments and the financial transactions involved, any failure to comply with the Act could potentially lead to legal and financial repercussions. For example, improper handling of funds or failure to report as required could result in legal action or financial penalties under the relevant Acts that have been amended by this legislation, such as the COAG Reform Fund Act 2008, the Future Fund Act 2006, and the Nation-building Funds Act 2008. These consequences would be determined based on the specific provisions of those Acts and the severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.