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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
COAG Legislation Amendment Bill 2021
No. , 2021
(Prime Minister)
A Bill for an Act to make amendments to deal with
the cessation of the Council of Australian
Governments and to make amendments relating to
the National Cabinet, and for related purposes
No. , 2021
COAG Legislation Amendment Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments of references to COAG Reform
Fund etc.
4
Part 1--Amendment of the COAG Reform Fund Act 2008
4
COAG Reform Fund Act 2008
4
Part 2--Amendments of other Acts
6
DisabilityCare Australia Fund Act 2013
6
Emergency Response Fund Act 2019
6
Federal Financial Relations Act 2009
6
Fuel Indexation (Road Funding) Special Account Act 2015
7
Future Drought Fund Act 2019
7
Medical Research Future Fund Act 2015
7
Offshore Petroleum and Greenhouse Gas Storage Act 2006
7
Proceeds of Crime Act 2002
8
Part 3--Other bulk amendments
9
DisabilityCare Australia Fund Act 2013
9
Emergency Response Fund Act 2019
9
Federal Financial Relations Act 2009
10
Fuel Indexation (Road Funding) Special Account Act 2015
10
Future Drought Fund Act 2019
11
Medical Research Future Fund Act 2015
11
Offshore Petroleum and Greenhouse Gas Storage Act 2006
12
Proceeds of Crime Act 2002
12
Part 4--Contingent amendments
13
Emergency Response Fund Act 2019
13
Schedule 2--Amendments of references to COAG and
Ministerial Council etc.
14
Part 1--Main amendments
14
ii
COAG Legislation Amendment Bill 2021
No. , 2021
Australian Curriculum, Assessment and Reporting Authority Act 2008
14
Australian Education Act 2013
14
Australian National Preventive Health Agency Act 2010
15
Biological Control Act 1984
15
Defence (Road Transport Legislation Exemption) Act 2006
16
Fisheries Management Act 1991
16
Healthcare Identifiers Act 2010
16
Infrastructure Australia Act 2008
16
Marine Safety (Domestic Commercial Vessel) National Law Act 2012
17
My Health Records Act 2012
18
National Disability Insurance Scheme Act 2013
19
National Health Reform Act 2011
19
National Transport Commission Act 2003
24
National Vocational Education and Training Regulator Act 2011
26
Offshore Petroleum and Greenhouse Gas Storage Act 2006
26
Student Identifiers Act 2014
27
Part 2--Application, transitional and saving provisions
28
Schedule 3--Amendments relating to the National Cabinet
33
Part 1--Amendments
33
Administrative Appeals Tribunal Act 1975
33
Administrative Decisions (Judicial Review) Act 1977
33
Archives Act 1983
34
Auditor-General Act 1997
34
Australian Crime Commission Act 2002
34
Australian Human Rights Commission Act 1986
35
Foreign Acquisitions and Takeovers Act 1975
35
Freedom of Information Act 1982
36
Independent National Security Legislation Monitor Act 2010
36
Law Enforcement Integrity Commissioner Act 2006
37
Migration Act 1958
37
Ombudsman Act 1976
38
Parliamentary Joint Committee on Law Enforcement Act 2010
38
No. , 2021
COAG Legislation Amendment Bill 2021
iii
Privacy Act 1988
38
Public Interest Disclosure Act 2013
39
Part 2--Contingent amendments
40
Australian Citizenship Act 2007
40
Data Availability and Transparency Act 2021
40
Part 3--Application provision
41
No. , 2021
COAG Legislation Amendment Bill 2021
1
A Bill for an Act to make amendments to deal with
1
the cessation of the Council of Australian
2
Governments and to make amendments relating to
3
the National Cabinet, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
COAG Legislation Amendment Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
COAG Legislation Amendment Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 to 3
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 4
Immediately after the commencement of
Schedule 4 to the
Investment Funds
Legislation Amendment Act 2021
.
However, the provisions do not commence
at all if:
(a) that Schedule does not commence; or
(b) that Schedule commences at or before
the time the provisions covered by table
item 2 commence.
4. Schedule 2
The day after this Act receives the Royal
Assent.
5. Schedule 3,
items 1 to 7
The day after this Act receives the Royal
Assent.
6. Schedule 3,
item 8
The later of:
(a) immediately after the commencement of
the provisions covered by table item 5;
and
(b) immediately after the commencement of
Schedule 2 to the
Transport Security
Amendment (Serious Crime) Act 2021
.
7. Schedule 3,
items 9 to 30
The day after this Act receives the Royal
Assent.
8. Schedule 3,
item 31
The later of:
(a) immediately after the commencement of
the provisions covered by table item 5;
and
(b) immediately after the commencement of
Schedule 2 to the
Migration and
No. , 2021
COAG Legislation Amendment Bill 2021
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Citizenship Legislation Amendment
(Strengthening Information Provisions)
Act 2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
9. Schedule 3,
item 32
The later of:
(a) immediately after the commencement of
the provisions covered by table item 5;
and
(b) immediately after the commencement of
section 106 of the
Data Availability and
Transparency Act 2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
10. Schedule 3,
Part 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 1
Amendment of the COAG Reform Fund Act 2008
4
COAG Legislation Amendment Bill 2021
No. , 2021
Schedule 1--Amendments of references to
1
COAG Reform Fund etc.
2
Part 1--Amendment of the COAG Reform Fund Act
3
2008
4
COAG Reform Fund Act 2008
5
1 Title
6
Omit "
COAG
", substitute "
Federation
".
7
2 Section 1
8
Omit "
COAG
", substitute "
Federation
".
9
Note:
This item amends the short title of the Act. If another amendment of
10
the Act is described by reference to the Act's previous short title, that
11
other amendment has effect after the commencement of this item as an
12
amendment of the Act under its amended short title (see section 10 of
13
the
Acts Interpretation Act 1901
).
14
3 Section 3
15
Omit "COAG" (wherever occurring), substitute "Federation".
16
4 Part 2 (heading)
17
Omit "
COAG
", substitute "
Federation
".
18
5 Section 5 (heading)
19
Omit "
COAG
", substitute "
Federation
".
20
6 Section 5
21
Omit "COAG" (wherever occurring), substitute "Federation".
22
7 Section 6 (heading)
23
Omit "
COAG
", substitute "
Federation
".
24
8 Section 6
25
Omit "COAG", substitute "Federation".
26
Amendments of references to COAG Reform Fund etc.
Schedule 1
Amendment of the COAG Reform Fund Act 2008
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
5
9 Section 7
1
Omit "COAG" (wherever occurring), substitute "Federation".
2
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 2
Amendments of other Acts
6
COAG Legislation Amendment Bill 2021
No. , 2021
Part 2--Amendments of other Acts
1
DisabilityCare Australia Fund Act 2013
2
10 Section 4 (definition of
COAG Reform Fund
)
3
Repeal the definition.
4
11 Section 4
5
Insert:
6
Federation Reform Fund
means the Federation Reform Fund
7
established by section 5 of the
Federation
Reform Fund Act 2008
.
8
Emergency Response Fund Act 2019
9
12 Section 4 (definition of
COAG Reform Fund
)
10
Repeal the definition.
11
13 Section 4
12
Insert:
13
Federation Reform Fund
means the Federation Reform Fund
14
established by section 5 of the
Federation
Reform Fund Act 2008
.
15
Federal Financial Relations Act 2009
16
14 Section 4 (definition of
COAG Reform Fund
)
17
Repeal the definition.
18
15 Section 4
19
Insert:
20
Federation Reform Fund
means the Federation Reform Fund
21
established by section 5 of the
Federation Reform Fund Act 2008
.
22
Amendments of references to COAG Reform Fund etc.
Schedule 1
Amendments of other Acts
Part 2
No. , 2021
COAG Legislation Amendment Bill 2021
7
Fuel Indexation (Road Funding) Special Account Act 2015
1
16 Section 4 (definition of
COAG Reform Fund
)
2
Repeal the definition.
3
17 Section 4
4
Insert:
5
Federation Reform Fund
means the Federation Reform Fund
6
established by section 5 of the
Federation
Reform Fund Act 2008
.
7
Future Drought Fund Act 2019
8
18 Section 5 (definition of
COAG Reform Fund
)
9
Repeal the definition.
10
19 Section 5
11
Insert:
12
Federation Reform Fund
means the Federation Reform Fund
13
established by section 5 of the
Federation
Reform Fund Act 2008
.
14
Medical Research Future Fund Act 2015
15
20 Section 5 (definition of
COAG Reform Fund
)
16
Repeal the definition.
17
21 Section 5
18
Insert:
19
Federation Reform Fund
means the Federation Reform Fund
20
established by section 5 of the
Federation
Reform Fund Act 2008
.
21
Offshore Petroleum and Greenhouse Gas Storage Act 2006
22
22 Section 7 (definition of
COAG Reform Fund
)
23
Repeal the definition.
24
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 2
Amendments of other Acts
8
COAG Legislation Amendment Bill 2021
No. , 2021
23 Section 7
1
Insert:
2
Federation Reform Fund
means the Federation Reform Fund
3
established by section 5 of the
Federation
Reform Fund Act 2008
.
4
24 Paragraph 75(5)(a)
5
Omit "
COAG
", substitute "
Federation
".
6
Proceeds of Crime Act 2002
7
25 Section 338 (definition of
COAG Reform Fund
)
8
Repeal the definition.
9
26 Section 338
10
Insert:
11
Federation Reform Fund
means the Federation Reform Fund
12
established by section 5 of the
Federation
Reform Fund Act 2008
.
13
Amendments of references to COAG Reform Fund etc.
Schedule 1
Other bulk amendments
Part 3
No. , 2021
COAG Legislation Amendment Bill 2021
9
Part 3--Other bulk amendments
1
27 Amendments of listed provisions
--references to COAG
2
Reform Fund
3
Omit "COAG Reform Fund" (wherever occurring) and substitute
4
"Federation Reform Fund" in the specified provisions of the Acts listed
5
in this Part.
6
DisabilityCare Australia Fund Act 2013
7
28 Sections 3 and 9
8
29 Paragraph 14(a)
9
30 Section 18 (heading)
10
31 Paragraph 18(1)(b)
11
32 Subsection 18(2)
12
33 Section 21 (heading)
13
34 Paragraph 21(1)(b)
14
35 Subsection 21(2) (heading)
15
36 Subsection 21(2)
16
37 Paragraph 22(1)(a)
17
Emergency Response Fund Act 2019
18
38 Sections 3 and 8
19
39 Paragraph 14(b)
20
40 Section 19
21
41 Subsections 28(4) and 28A(4) (notes)
22
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 3
Other bulk amendments
10
COAG Legislation Amendment Bill 2021
No. , 2021
42 Division 4 of Part 3 (heading)
1
43 Section 32 (heading)
2
44 Section 32
3
45 Section 32A (heading)
4
46 Section 32A
5
47 Section 33 (heading)
6
48 Section 33
7
Federal Financial Relations Act 2009
8
49 Paragraphs 9(2)(a) and (b), (3)(a) and (b) and (4)(a) and (b)
9
50 Paragraphs 16(2)(a) and (b), (3)(a) and (b) and (4)(a) and
10
(b)
11
Fuel Indexation (Road Funding) Special Account Act 2015
12
51 Section 3
13
52 Subsection 9(1)
14
53 Section 10 (heading)
15
54 Subsection 10(1)
16
55 Paragraph 10(2)(b)
17
56 Subsection 10(3)
18
57 Section 11 (heading)
19
58 Paragraph 11(1)(b)
20
59 Subsection 11(2) (heading)
21
Amendments of references to COAG Reform Fund etc.
Schedule 1
Other bulk amendments
Part 3
No. , 2021
COAG Legislation Amendment Bill 2021
11
60 Subsection 11(2)
1
61 Paragraph 12(1)(a)
2
62 Subsection 12(1) (note)
3
Future Drought Fund Act 2019
4
63 Paragraph 15(c)
5
64 Section 20
6
65 Paragraph 36(c)
7
66 Division 5A of Part 3 (heading)
8
67 Section 36AA (heading)
9
68 Paragraph 36AA(1)(b)
10
69 Subsection 36AA(2)
11
70 Section 36AB (heading)
12
71 Section 36AB
13
Medical Research Future Fund Act 2015
14
72 Sections 4 and 10
15
73 Paragraph 17(a)
16
74 Subdivision C of Division 4 of Part 2 (heading)
17
75 Section 20 (heading)
18
76 Paragraph 20(1)(b)
19
77 Subsection 20(2)
20
78 Section 21 (heading)
21
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 3
Other bulk amendments
12
COAG Legislation Amendment Bill 2021
No. , 2021
79 Subsection 21(1)
1
80 Paragraphs 21(2)(a) and 58(1)(a)
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
81 Subsection 75(3) (heading)
4
82 Subsections 75(3) and (4)
5
Proceeds of Crime Act 2002
6
83 Paragraph 297(ba)
7
84 Section 298E (heading)
8
85 Paragraph 298E(1)(b)
9
86 Subsection 298E(2)
10
87 Section 298F (heading)
11
88 Section 298F
12
Amendments of references to COAG Reform Fund etc.
Schedule 1
Contingent amendments
Part 4
No. , 2021
COAG Legislation Amendment Bill 2021
13
Part 4--Contingent amendments
1
Emergency Response Fund Act 2019
2
89 Subsections 32(1A) and (1) and 32A(1A) and (1)
3
Omit "COAG Reform Fund" (wherever occurring), substitute
4
"Federation Reform Fund".
5
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
14
COAG Legislation Amendment Bill 2021
No. , 2021
Schedule 2--Amendments of references to
1
COAG and Ministerial Council etc.
2
Part 1--Main amendments
3
Australian Curriculum, Assessment and Reporting Authority
4
Act 2008
5
1 Section 3 (definition of
Ministerial Council
)
6
Repeal the definition, substitute:
7
Ministerial Council
means a body (however described) that
8
consists of the Minister of the Commonwealth, and the Minister of
9
each State and Territory, who is responsible, or principally
10
responsible, for matters relating to education.
11
Australian Education Act 2013
12
2 Preamble
13
Omit "the Council of Australian Governments and the Education
14
Council", substitute "the First Ministers' Council and the Ministerial
15
Council".
16
3 Section 6
17
Insert:
18
First Ministers' Council
means a body (however described) that
19
consists only of, or that includes, the following:
20
(a) the Prime Minister;
21
(b) the Premiers of each State;
22
(c) the Chief Ministers of the Australian Capital Territory and
23
Northern Territory.
24
4 Section 6 (definition of
Ministerial Council
)
25
Repeal the definition, substitute:
26
Ministerial Council
means a body (however described) that
27
consists of the Minister of the Commonwealth, and the Minister of
28
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
15
each State and Territory, who is responsible, or principally
1
responsible, for matters relating to school education.
2
Australian National Preventive Health Agency Act 2010
3
5 Section 3 (definition of
Ministerial Conference
)
4
Repeal the definition.
5
6 Section 3
6
Insert:
7
Ministerial Council
means a body (however described) that
8
consists of the Minister of the Commonwealth, and the Minister of
9
each State and Territory, who is responsible, or principally
10
responsible, for matters relating to health.
11
7 Paragraphs 11(1)(b) and (3)(a) and (b)
12
Omit "Conference" (wherever occurring), substitute "Council".
13
8 Subsections 11(4), 14(3), 22(2), 31(4), 39(2), 40(3) and (4),
14
44(2) and (3), 45(5) and (6), 47(2) and (3) and 48(1)
15
Omit "Conference", substitute "Council".
16
9 Section 55 (heading)
17
Omit "
Conference
", substitute "
Council
".
18
10 Section 55
19
Omit "Conference" (wherever occurring), substitute "Council".
20
Biological Control Act 1984
21
11 Subsection 2(1) (definition of
Council
)
22
Repeal the definition, substitute:
23
Council
means:
24
(a) if there is a body (however described) that consists of the
25
Minister of the Commonwealth, the Minister of each State
26
and Territory and the Minister of New Zealand who is
27
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
16
COAG Legislation Amendment Bill 2021
No. , 2021
responsible, or principally responsible, for matters relating to
1
agriculture--that body; or
2
(b) otherwise--a body prescribed by the regulations for the
3
purposes of this paragraph.
4
Defence (Road Transport Legislation Exemption) Act 2006
5
12 Section 3 (definition of
Australian Transport Council
)
6
Repeal the definition.
7
13 Section 3 (definition of
Exemption Framework
)
8
Omit "and endorsed by the Australian Transport Council on
9
18 November 2005".
10
Fisheries Management Act 1991
11
14 Subsection 4(1) (definition of
Ministerial Council
)
12
Repeal the definition, substitute:
13
Ministerial Council
means a body (however described) that
14
consists of the Minister of the Commonwealth, and the Minister of
15
each State and Territory, who is responsible, or principally
16
responsible, for matters relating to fisheries.
17
Healthcare Identifiers Act 2010
18
15 Section 5 (definition of
Ministerial Council
)
19
Repeal the definition, substitute:
20
Ministerial Council
means a body (however described) that
21
consists of the Minister of the Commonwealth, and the Minister of
22
each State and Territory, who is responsible, or principally
23
responsible, for matters relating to health.
24
Infrastructure Australia Act 2008
25
16 Section 3 (definition of
COAG
)
26
Repeal the definition.
27
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
17
17 Subsection 6(2)
1
Repeal the subsection, substitute:
2
(2) In giving directions under subsection (1), the Minister may have
3
regard to any relevant decisions of a body (however described) that
4
consists only of, or that includes, the following:
5
(a) the Prime Minister;
6
(b) the Premiers of each State;
7
(c) the Chief Ministers of the Australian Capital Territory and
8
Northern Territory.
9
Marine Safety (Domestic Commercial Vessel) National Law
10
Act 2012
11
18 Paragraphs 12(2)(b) and (c)
12
Omit "COAG Council under the Intergovernmental Agreement for
13
Commercial Vessel Safety Reform", substitute "Ministerial Council".
14
19 Section 6 of the Marine Safety (Domestic Commercial
15
Vessel) National Law (definition of
COAG
)
16
Repeal the definition.
17
20 Section 6 of the Marine Safety (Domestic Commercial
18
Vessel) National Law (definition of
COAG Council
)
19
Repeal the definition.
20
21 Section 6 of the Marine Safety (Domestic Commercial
21
Vessel) National Law
22
Insert:
23
Ministerial Council
means a body (however described) that
24
consists of the Minister of the Commonwealth, and the Minister of
25
each State and Territory, who is responsible, or principally
26
responsible, for matters relating to marine safety.
27
22 Section 6 of the Marine Safety (Domestic Commercial
28
Vessel) National Law (definition of
National Standard
29
for Commercial Vessels
)
30
Repeal the definition, substitute:
31
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
18
COAG Legislation Amendment Bill 2021
No. , 2021
National Standard for Commercial Vessels
means the National
1
Standard for Commercial Vessels developed and maintained by the
2
National Regulator.
3
23 Section 6 of the Marine Safety (Domestic Commercial
4
Vessel) National Law (definition of
Uniform Shipping
5
Laws Code
)
6
Repeal the definition, substitute:
7
Uniform Shipping Laws Code
means the Uniform Shipping Laws
8
Code developed and maintained by the National Regulator.
9
24 Paragraphs 159(6)(a) and (b) of the Marine Safety
10
(Domestic Commercial Vessel) National Law
11
Omit "COAG", substitute "Ministerial".
12
25 Subsection 160(3) of the Marine Safety (Domestic
13
Commercial Vessel) National Law
14
Repeal the subsection.
15
My Health Records Act 2012
16
26 Section 5
17
Insert:
18
Health Chief Executives Forum
means a body (however
19
described) that consists of:
20
(a) the Secretary of the Department; and
21
(b) each head (however described) of the Health Department of a
22
State or Territory.
23
27 Section 5 (definition of
Ministerial Council
)
24
Repeal the definition, substitute:
25
Ministerial Council
means a body (however described) that
26
consists of the Minister of the Commonwealth, and the Minister of
27
each State and Territory, who is responsible, or principally
28
responsible, for matters relating to health.
29
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
19
28 Paragraph 109(2)(b)
1
Repeal the paragraph, substitute:
2
(b) the Health Chief Executives Forum.
3
29 Subclause 1(3) of Schedule 1
4
Omit "a subcommittee of the Ministerial Council, prescribed by the
5
regulations for the purposes of this subclause", substitute "the Health
6
Chief Executives Forum".
7
National Disability Insurance Scheme Act 2013
8
30 Subparagraph 3(3)(c)(i)
9
Repeal the subparagraph, substitute:
10
(i) the National Disability Strategy as agreed to by the
11
Commonwealth and each host jurisdiction from time to
12
time; and
13
31 Section 9 (definition of
COAG
)
14
Repeal the definition.
15
32 Section 9 (definition of
Ministerial Council
)
16
Repeal the definition, substitute:
17
Ministerial Council
means a body (however described) that
18
consists of the Minister of the Commonwealth, and the Minister of
19
each State and Territory, who is responsible, or principally
20
responsible, for matters relating to the National Disability
21
Insurance Scheme.
22
33 Paragraphs 12(1)(b) and (c)
23
Repeal the paragraphs, substitute:
24
(b) advise and make recommendations to the Minister about such
25
matters.
26
National Health Reform Act 2011
27
34 Section 5 (definition of
COAG
)
28
Repeal the definition.
29
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
20
COAG Legislation Amendment Bill 2021
No. , 2021
35 Section 5
1
Insert:
2
First Ministers' Council
means a body (however described) that
3
consists only of, or that includes, the following:
4
(a) the Prime Minister;
5
(b) the Premiers of each State;
6
(c) the Chief Ministers of the Australian Capital Territory and
7
Northern Territory.
8
Health Chief Executives Forum
means a body (however
9
described) that consists of:
10
(a) the Secretary; and
11
(b) each head (however described) of the Health Department of a
12
State or Territory.
13
36 Section 5 (paragraph (b) of the definition of
14
intergovernmental agreement
)
15
Repeal the paragraph, substitute:
16
(b) a written resolution of the First Ministers' Council passed in
17
accordance with the procedures determined by that Council.
18
37 Section 5 (definition of
Ministerial Conference
)
19
Repeal the definition.
20
38 Section 5
21
Insert:
22
Ministerial Council
means a body (however described) that
23
consists of the Minister of the Commonwealth, and the Minister of
24
each State and Territory, who is responsible, or principally
25
responsible, for matters relating to health.
26
39 Section 5 (definition of
Standing Council on Health
)
27
Repeal the definition.
28
40 Paragraphs 54H(1)(b) and (c)
29
Repeal the paragraphs, substitute:
30
(b) the Ministerial Council;
31
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
21
(c) Health Chief Executives Forum;
1
41 Paragraph 131(1)(m)
2
Omit "COAG", substitute "the First Ministers' Council".
3
42 Subsection 131(2)
4
Repeal the subsection, substitute:
5
(2) The First Ministers' Council is to give its agreement for the
6
purposes of paragraph (1)(m) by a written resolution of that
7
Council passed in accordance with the procedures determined by
8
that Council.
9
43 Section 133 (heading)
10
Omit "
COAG
", substitute "
First Ministers' Council
".
11
44 Subsection 133(1)
12
Omit "COAG", substitute "The First Ministers' Council".
13
45 Subsection 133(2)
14
Omit "COAG passed in accordance with the procedures determined by
15
COAG", substitute "the First Ministers' Council passed in accordance
16
with the procedures determined by that Council".
17
46 Subsection 146(5) (heading)
18
Omit "
Standing Council on Health
", substitute "
Ministerial Council
".
19
47 Subsections 146(5) and (6) and 179(2)
20
Omit "Standing Council on Health", substitute "Ministerial Council".
21
48 Section 209 (heading)
22
Omit "
Standing Council on Health
", substitute "
Ministerial
23
Council
".
24
49 Subsections 209(1) and (2)
25
Omit "Standing Council on Health", substitute "Ministerial Council".
26
50 Paragraphs 220(1)(c) and (d)
27
Repeal the paragraphs, substitute:
28
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
22
COAG Legislation Amendment Bill 2021
No. , 2021
(c) the Ministerial Council;
1
(d) Health Chief Executives Forum;
2
51 Paragraph 220(1)(h)
3
Omit "COAG", substitute "the First Ministers' Council".
4
52 Subsection 220(2)
5
Repeal the subsection, substitute:
6
(2) The First Ministers' Council is to give its agreement for the
7
purposes of paragraph (1)(h) by a written resolution of that Council
8
passed in accordance with the procedures determined by that
9
Council.
10
53 Subsection 226(2)
11
Omit "Standing Council on Health", substitute "Ministerial Council".
12
54 Section 230 (heading)
13
Repeal the heading, substitute:
14
230 Constitution of Ministerial Council etc.
15
55 Subsection 230(1)
16
Repeal the subsection.
17
56 Subsection 230(2)
18
Omit "Standing Council on Health", substitute "Ministerial Council".
19
57 Subsection 230(2)
20
Omit "this Part", substitute "Part 5.2".
21
58 Subsections 230(3) and (4)
22
Omit "Standing Council on Health", substitute "Ministerial Council".
23
59 Subsections 232(1) to (3)
24
Omit "Standing Council on Health", substitute "Ministerial Council".
25
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
23
60 Sections 234, 235 and 236
1
Omit "Standing Council on Health" (wherever occurring), substitute
2
"Ministerial Council".
3
61 Subsections 238(3) and (4)
4
Omit "given by COAG", substitute "given by the First Ministers'
5
Council".
6
62 Paragraph 238(4)(a)
7
Omit "COAG passed in accordance with the procedures determined by
8
COAG", substitute "the First Ministers' Council passed in accordance
9
with the procedures determined by that Council".
10
63 Section 246
11
Omit "COAG", substitute "the First Ministers' Council".
12
64 Paragraph 268(2)(f)
13
Omit "COAG", substitute "the First Ministers' Council".
14
65 Paragraphs 275(1)(e) and (f)
15
Repeal the paragraphs, substitute:
16
(e) the Ministerial Council;
17
(f) Health Chief Executives Forum;
18
66 Paragraph 275(1)(j)
19
Omit "COAG", substitute "the First Ministers' Council".
20
67 Subsection 275(2)
21
Repeal the subsection, substitute:
22
(2) The First Ministers' Council is to give its agreement for the
23
purposes of paragraph (1)(j) by a written resolution of that Council
24
passed in accordance with the procedures determined by that
25
Council.
26
68 Subsection 282(3)
27
Omit "Standing Council on Health", substitute "Ministerial Council".
28
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
24
COAG Legislation Amendment Bill 2021
No. , 2021
National Transport Commission Act 2003
1
69 Subparagraphs 3(b)(i) and (ii)
2
Omit "Australian Transport", substitute "Ministerial".
3
70 Section 4 (definition of
Australian Transport Council
)
4
Repeal the definition.
5
71 Section 4
6
Insert:
7
Ministerial Council
means a body (however described) that
8
consists of the Minister of the Commonwealth, and the Minister of
9
each State and Territory, who is responsible, or principally
10
responsible, for matters relating to transport.
11
72 Section 4 (definition of
road transport legislation
)
12
Omit "Australian Transport", substitute "Ministerial".
13
73 Paragraph 6(1)(c)
14
Omit "Australian Transport", substitute "Ministerial".
15
74 Section 8 (heading)
16
Omit "
Australian Transport
", substitute "
Ministerial
".
17
75 Subsections 8(1), (2) and (3)
18
Omit "Australian Transport" (wherever occurring), substitute
19
"Ministerial".
20
76 Sections 12, 13, 16, 17, 19, 20, 21, 22, 23, 25, 37, 38, 40, 41
21
and 48
22
Omit "Australian Transport" (wherever occurring), substitute
23
"Ministerial".
24
77 Section 49 (heading)
25
Omit "
Australian Transport
", substitute "
Ministerial
".
26
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
25
78 Subsections 49(1) to (4)
1
Omit "Australian Transport" (wherever occurring), substitute
2
"Ministerial".
3
79 Section 50 (heading)
4
Omit "
Australian Transport Council
", substitute "
Ministerial
5
Council etc.
".
6
80 Paragraph 50(1)(a)
7
Omit "Australian Transport" (wherever occurring), substitute
8
"Ministerial".
9
81 Subsection 50(1)
10
Omit "Australian Transport Council or the" (wherever occurring),
11
substitute "Ministerial Council or the former".
12
82 Paragraphs 50(2)(a) and (b)
13
Omit "Australian Transport", substitute "Ministerial".
14
83 Subsections 50(3), (4) and (5)
15
Omit "Australian Transport" (wherever occurring), substitute
16
"Ministerial".
17
84 Subsection 50(6)
18
Repeal the subsection, substitute:
19
(6) In this section:
20
former Ministerial Council
means the Ministerial Council for
21
Road Transport that was established by the Heavy Vehicles
22
Agreement (within the meaning of the repealed
National Road
23
Transport Commission Act 1991
, as that Agreement was in force
24
before the commencement of subsection 44(6) of that Act).
25
85 Subsection 51(1)
26
Omit "Australian Transport", substitute "Ministerial".
27
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
26
COAG Legislation Amendment Bill 2021
No. , 2021
National Vocational Education and Training Regulator Act
1
2011
2
86 Section 3 (paragraph (a) of the definition of
Ministerial
3
Council
)
4
Repeal the paragraph, substitute:
5
(a) if there is a body (however described) that consists of the
6
Minister of the Commonwealth, and the Minister of each
7
State and Territory, who is responsible, or principally
8
responsible, for matters relating to training and skills--that
9
body; or
10
Offshore Petroleum and Greenhouse Gas Storage Act 2006
11
87 Section 7 (definition of
Ministers responsible for mineral
12
and energy resources matters
)
13
Repeal the definition, substitute:
14
Ministers responsible for mineral and energy resources matters
15
means a body (however described) that consists of the Minister of
16
the Commonwealth, the Minister of each State and Territory and
17
the Minister of New Zealand who is responsible, or principally
18
responsible, for matters relating to energy or resources (or both).
19
88 Section 643 (paragraph (a) of the definition of
Greenhouse
20
Gas Storage Ministerial Council
)
21
Repeal the paragraph, substitute:
22
(a) if there is a body (however described) that consists of the
23
Minister of the Commonwealth, and the Minister of each
24
State and Territory, who is responsible, or principally
25
responsible, for matters relating to:
26
(i) the injection of greenhouse gas substances into parts of
27
geological formations; and
28
(ii) the permanent storage of greenhouse gas substances in
29
parts of geological formations;
30
that body; or
31
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
27
Student Identifiers Act 2014
1
89 Subsection 4(1) (paragraph (a) of the definition of
2
Ministerial Council
)
3
Repeal the paragraph, substitute:
4
(a) if there is a body (however described) that consists of the
5
Minister of the Commonwealth, and the Minister of each
6
State and Territory, who is responsible, or principally
7
responsible, for matters relating to training and skills--that
8
body; or
9
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 2
Application, transitional and saving provisions
28
COAG Legislation Amendment Bill 2021
No. , 2021
Part 2--Application, transitional and saving
1
provisions
2
90 Definitions
3
In this Part:
4
amended Act
means an Act amended by Part 1 of this Schedule.
5
ANPHA Act
means the
Australian National Preventive Health Agency
6
Act 2010
.
7
Australian Transport Council
has the same meaning as in the NTC
8
Act, as in force immediately before the commencement time.
9
BC Act
means the
Biological Control Act 1984
.
10
COAG
means the Council of Australian Governments.
11
commencement time
means the commencement of this Part.
12
Council
has the same meaning as in the BC Act, as in force
13
immediately before the commencement time.
14
First Ministers' Council
means the First Ministers' Council within the
15
meaning of a particular amended Act, as amended by Part 1 of this
16
Schedule.
17
former Ministerial Council
means a Ministerial Council within the
18
meaning of a particular amended Act, as in force immediately before
19
the commencement time.
20
Ministerial Conference
has the same meaning as in the ANPHA Act, as
21
in force immediately before the commencement time.
22
new Ministerial Council
means a Ministerial Council within the
23
meaning of a particular amended Act, as amended by Part 1 of this
24
Schedule.
25
NHR Act
means the
National Health Reform Act 2011
.
26
NTC Act
means the
National Transport Commission Act 2003
.
27
Standing Council on Health
has the same meaning as in the NHR Act,
28
as in force immediately before the commencement time.
29
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Application, transitional and saving provisions
Part 2
No. , 2021
COAG Legislation Amendment Bill 2021
29
91 Things done by, or in relation to, COAG
1
Anything done by, or in relation to, COAG under, or for the purposes
2
of, a particular amended Act before the commencement time has effect
3
after that time as if the thing had been done by, or in relation to, the
4
First Ministers' Council under, or for the purposes of, that particular
5
amended Act.
6
92 Things started but not finished by COAG
7
(1)
This item applies if:
8
(a) before the commencement time, COAG started doing a thing
9
under, or for the purposes of, a particular amended Act; and
10
(b) immediately before that time, COAG had not finished doing
11
that thing.
12
(2)
The First Ministers' Council may, after the commencement time, finish
13
doing the thing under, or for the purposes of, that particular amended
14
Act.
15
93 Things done by, or in relation to, a former Ministerial
16
Council
17
Anything done by, or in relation to, a former Ministerial Council under,
18
or for the purposes of, a particular amended Act before the
19
commencement time has effect after that time as if the thing had been
20
done by, or in relation to, a new Ministerial Council under, or for the
21
purposes of, that particular amended Act.
22
94 Things started but not finished by a former Ministerial
23
Council
24
(1)
This item applies if:
25
(a) before the commencement time, a former Ministerial Council
26
started doing a thing under, or for the purposes of, a
27
particular amended Act; and
28
(b) immediately before that time, the former Ministerial Council
29
had not finished doing that thing.
30
(2)
A new Ministerial Council may, after the commencement time, finish
31
doing the thing under, or for the purposes of, that particular amended
32
Act.
33
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 2
Application, transitional and saving provisions
30
COAG Legislation Amendment Bill 2021
No. , 2021
95 Things done by, or in relation to, the Ministerial
1
Conference
2
Anything done by, or in relation to, the Ministerial Conference under, or
3
for the purposes of, the ANPHA Act before the commencement time
4
has effect after that time as if the thing had been done by, or in relation
5
to, the Ministerial Council (within the meaning of that Act, as amended
6
by Part 1 of this Schedule) under, or for the purposes of, that Act.
7
96 Things started but not finished by the Ministerial
8
Conference
9
(1)
This item applies if:
10
(a) before the commencement time, the Ministerial Conference
11
started doing a thing under, or for the purposes of, the
12
ANPHA Act; and
13
(b) immediately before that time, the Ministerial Conference had
14
not finished doing that thing.
15
(2)
The Ministerial Council (within the meaning of the ANPHA Act, as
16
amended by Part 1 of this Schedule) may, after the commencement
17
time, finish doing the thing under, or for the purposes of, that Act.
18
97 Things done by, or in relation to, the Standing Council on
19
Health
20
Anything done by, or in relation to, the Standing Council on Health
21
under, or for the purposes of, the NHR Act before the commencement
22
time has effect after that time as if the thing had been done by, or in
23
relation to, the Ministerial Council (within the meaning of that Act, as
24
amended by Part 1 of this Schedule) under, or for the purposes of, that
25
Act.
26
98 Things started but not finished by the Standing Council
27
on Health
28
(1)
This item applies if:
29
(a) before the commencement time, the Standing Council on
30
Health started doing a thing under, or for the purposes of, the
31
NHR Act; and
32
(b) immediately before that time, the Standing Council on Health
33
had not finished doing that thing.
34
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Application, transitional and saving provisions
Part 2
No. , 2021
COAG Legislation Amendment Bill 2021
31
(2)
The Ministerial Council (within the meaning of the NHR Act, as
1
amended by Part 1 of this Schedule) may, after the commencement
2
time, finish doing the thing under, or for the purposes of, that Act (as
3
amended by that Part).
4
99 Things done by, or in relation to, the Council
5
Anything done by, or in relation to, the Council under, or for the
6
purposes of, the BC Act before the commencement time has effect after
7
that time as if the thing had been done by, or in relation to, the Council
8
(within the meaning of that Act, as amended by Part 1 of this Schedule)
9
under, or for the purposes of, that Act.
10
100 Things started but not finished by the Council
11
(1)
This item applies if:
12
(a) before the commencement time, the Council started doing a
13
thing under, or for the purposes of, the BC Act; and
14
(b) immediately before that time, the Council had not finished
15
doing that thing.
16
(2)
The Council (within the meaning of the BC Act, as amended by Part 1
17
of this Schedule) may, after the commencement time, finish doing the
18
thing under, or for the purposes of, that Act.
19
101 Things done by, or in relation to, the Australian
20
Transport Council
21
Anything done by, or in relation to, the Australian Transport Council
22
under, or for the purposes of, the NTC Act before the commencement
23
time has effect after that time as if the thing had been done by, or in
24
relation to, the Ministerial Council (within the meaning of that Act, as
25
amended by Part 1 of this Schedule) under, or for the purposes of, that
26
Act.
27
102 Things started but not finished by the Australian
28
Transport Council
29
(1)
This item applies if:
30
(a) before the commencement time, the Australian Transport
31
Council started doing a thing under, or for the purposes of,
32
the NTC Act; and
33
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 2
Application, transitional and saving provisions
32
COAG Legislation Amendment Bill 2021
No. , 2021
(b) immediately before that time, the Australian Transport
1
Council had not finished doing that thing.
2
(2)
The Ministerial Council (within the meaning of the NTC Act, as
3
amended by Part 1 of this Schedule) may, after the commencement
4
time, finish doing the thing under, or for the purposes of, that Act.
5
103 Transitional rules
6
(1)
The Minister may, by legislative instrument, make rules prescribing
7
matters of a transitional nature (including prescribing any saving or
8
application provisions) relating to the amendments or repeals made by
9
this Act.
10
(2)
To avoid doubt, the rules may not do the following:
11
(a) create an offence or civil penalty;
12
(b) provide powers of:
13
(i) arrest or detention; or
14
(ii) entry, search or seizure;
15
(c) impose a tax;
16
(d) set an amount to be appropriated from the Consolidated
17
Revenue Fund under an appropriation in this Act;
18
(e) directly amend the text of this Act.
19
(3)
This Schedule (other than subitem (2)) does not limit the rules that may
20
be made for the purposes of subitem (1).
21
Amendments relating to the National Cabinet
Schedule 3
Amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
33
Schedule 3--Amendments relating to the
1
National Cabinet
2
Part 1--Amendments
3
Administrative Appeals Tribunal Act 1975
4
1 Subsection 3(1)
5
Insert:
6
Cabinet
includes:
7
(a) a committee of the Cabinet (including the committee known
8
as the National Cabinet); and
9
(b) a committee (however described) of the National Cabinet.
10
State Cabinet
means the Cabinet of a State or a committee of the
11
Cabinet of a State.
12
2 Paragraphs 28(2)(b) and 36(1)(b)
13
Omit "or of a Committee of the Cabinet".
14
3 Paragraph 36B(1)(a)
15
Omit "Cabinet, or of a Committee of the Cabinet, of the State",
16
substitute "State Cabinet".
17
4 Paragraph 39B(2)(b)
18
Omit "or a Committee of the Cabinet".
19
Administrative Decisions (Judicial Review) Act 1977
20
5 Paragraph 14(1)(b)
21
Repeal the paragraph, substitute:
22
(b) by reason that it would involve the disclosure of deliberations
23
or decisions of:
24
(i) the Cabinet; or
25
(ii) a committee of the Cabinet (including the committee
26
known as the National Cabinet); or
27
Schedule 3
Amendments relating to the National Cabinet
Part 1
Amendments
34
COAG Legislation Amendment Bill 2021
No. , 2021
(iii) a committee (however described) of the National
1
Cabinet; or
2
Archives Act 1983
3
6 Subsection 3(1) (definition of
Cabinet notebook
)
4
Repeal the definition, substitute:
5
Cabinet notebook
means a notebook or other like record that
6
contains notes of discussions or deliberations taking place in a
7
meeting of:
8
(a) the Cabinet; or
9
(b) a committee of the Cabinet (including the committee known
10
as the National Cabinet); or
11
(c) a committee (however described) of the National Cabinet;
12
being notes made in the course of those discussions or
13
deliberations by, or under the authority of, the Secretary to the
14
Cabinet.
15
Auditor-General Act 1997
16
7 Paragraph 37(2)(b)
17
Repeal the paragraph, substitute:
18
(b) it would involve the disclosure of deliberations or decisions
19
of:
20
(i) the Cabinet; or
21
(ii) a committee of the Cabinet (including the committee
22
known as the National Cabinet); or
23
(iii) a committee (however described) of the National
24
Cabinet;
25
Australian Crime Commission Act 2002
26
8 Paragraph 36L(2)(c)
27
Repeal the paragraph, substitute:
28
(c) because it would involve the disclosure of deliberations or
29
decisions of:
30
(i) the Cabinet; or
31
Amendments relating to the National Cabinet
Schedule 3
Amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
35
(ii) a committee of the Cabinet (including the committee
1
known as the National Cabinet); or
2
(iii) a committee (however described) of the National
3
Cabinet; or
4
(iv) the Executive Council; or
5
Australian Human Rights Commission Act 1986
6
9 Subsection 3(1)
7
Insert:
8
Cabinet
includes:
9
(a) a committee of the Cabinet (including the committee known
10
as the National Cabinet); and
11
(b) a committee (however described) of the National Cabinet.
12
State Cabinet
means the Cabinet of a State or a committee of the
13
Cabinet of a State.
14
10 Paragraph 14(5)(c)
15
Repeal the paragraph, substitute:
16
(c) the disclosure of deliberations or decisions of the Cabinet or
17
the State Cabinet;
18
11 Paragraph 24(1)(c)
19
Omit "or of a Committee of the Cabinet".
20
12 Subsection 24(1A)
21
Omit ", a Committee of the Cabinet or the Executive Council are to be
22
treated as references to the corresponding body or committee",
23
substitute "are to be treated as references to the State Cabinet and
24
references to the Executive Council are to be treated as references to the
25
corresponding body".
26
Foreign Acquisitions and Takeovers Act 1975
27
13 Paragraph 130H(2)(b)
28
Repeal the paragraph, substitute:
29
Schedule 3
Amendments relating to the National Cabinet
Part 1
Amendments
36
COAG Legislation Amendment Bill 2021
No. , 2021
(b) because it would involve the disclosure of deliberations or
1
decisions of:
2
(i) the Cabinet; or
3
(ii) a committee of the Cabinet (including the committee
4
known as the National Cabinet); or
5
(iii) a committee (however described) of the National
6
Cabinet; or
7
(iv) the Executive Council; or
8
Freedom of Information Act 1982
9
14 Subsection 4(1) (definition of
Cabinet
)
10
Repeal the definition, substitute:
11
Cabinet
includes:
12
(a) a committee of the Cabinet (including the committee known
13
as the National Cabinet); and
14
(b) a committee (however described) of the National Cabinet.
15
15 Subparagraph 34(1)(a)(i)
16
Omit "a Minister", substitute "a Minister of the Commonwealth, or a
17
Minister of a State,".
18
16 Paragraph 34(1)(c)
19
Omit "a Minister", substitute "a Minister of the Commonwealth, or a
20
Minister of a State,".
21
Independent National Security Legislation Monitor Act 2010
22
17 Section 4
23
Insert:
24
Cabinet
includes:
25
(a) a committee of the Cabinet (including the committee known
26
as the National Cabinet); and
27
(b) a committee (however described) of the National Cabinet.
28
State Cabinet
means the Cabinet of a State or a committee of the
29
Cabinet of a State.
30
Amendments relating to the National Cabinet
Schedule 3
Amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
37
18 Subparagraphs 29(3)(d)(i) and (e)(i)
1
Repeal the subparagraphs, substitute:
2
(i) the Cabinet; or
3
(ia) the State Cabinet; or
4
Law Enforcement Integrity Commissioner Act 2006
5
19 Subsection 5(1)
6
Insert:
7
Cabinet
includes:
8
(a) a committee of the Cabinet (including the committee known
9
as the National Cabinet); and
10
(b) a committee (however described) of the National Cabinet.
11
State Cabinet
means the Cabinet of a State or a committee of the
12
Cabinet of a State.
13
20 Subsection 5(1) (subparagraph (b)(i) of the definition of
14
sensitive information
)
15
Repeal the subparagraph, substitute:
16
(i) deliberations or decisions of the Cabinet or the State
17
Cabinet; or
18
21 Subparagraph 149(2)(b)(ii)
19
Omit "or of a Committee of the Cabinet".
20
Migration Act 1958
21
22 Subsection 5(1)
22
Insert:
23
Cabinet
includes:
24
(a) a committee of the Cabinet (including the committee known
25
as the National Cabinet); and
26
(b) a committee (however described) of the National Cabinet.
27
Schedule 3
Amendments relating to the National Cabinet
Part 1
Amendments
38
COAG Legislation Amendment Bill 2021
No. , 2021
23 Subsection 5(1) (subparagraph (a)(ii) of the definition of
1
non-disclosable information
)
2
Omit "or of a committee of the Cabinet".
3
24 Paragraphs 375(b), 437(b) and 473GA(1)(b)
4
Omit "or of a committee of the Cabinet".
5
Ombudsman Act 1976
6
25 Paragraph 9(3)(c)
7
Repeal the paragraph, substitute:
8
(c) by reason that it would involve the disclosure of deliberations
9
or decisions of:
10
(i) the Cabinet; or
11
(ii) a committee of the Cabinet (including the committee
12
known as the National Cabinet); or
13
(iii) a committee (however described) of the National
14
Cabinet; or
15
Parliamentary Joint Committee on Law Enforcement Act
16
2010
17
26 Section 3 (subparagraph (b)(i) of the definition of
sensitive
18
information
)
19
Repeal the subparagraph, substitute:
20
(i) deliberations or decisions of the Cabinet, a committee of
21
the Cabinet (including the committee known as the
22
National Cabinet) or a committee (however described)
23
of the National Cabinet; or
24
(ia) deliberations or decisions of the Cabinet, or a committee
25
of the Cabinet, of a State; or
26
Privacy Act 1988
27
27 Subsection 6(1)
28
Insert:
29
Cabinet
includes:
30
Amendments relating to the National Cabinet
Schedule 3
Amendments
Part 1
No. , 2021
COAG Legislation Amendment Bill 2021
39
(a) a committee of the Cabinet (including the committee known
1
as the National Cabinet); and
2
(b) a committee (however described) of the National Cabinet.
3
State Cabinet
means the Cabinet of a State or a committee of the
4
Cabinet of a State.
5
28 Paragraph 33(2)(c)
6
Repeal the paragraph, substitute:
7
(c) the disclosure of deliberations or decisions of the Cabinet or
8
the State Cabinet;
9
29 Paragraph 70(1)(c)
10
Omit "or of a Committee of the Cabinet".
11
Public Interest Disclosure Act 2013
12
30 Section 8 (paragraph (b) of the definition of
Cabinet
13
information
)
14
Repeal the paragraph, substitute:
15
(b) information the disclosure of which would involve the
16
disclosure of any deliberation or decision of:
17
(i) the Cabinet; or
18
(ii) a committee of the Cabinet (including the committee
19
known as the National Cabinet); or
20
(iii) a committee (however described) of the National
21
Cabinet.
22
Schedule 3
Amendments relating to the National Cabinet
Part 2
Contingent amendments
40
COAG Legislation Amendment Bill 2021
No. , 2021
Part 2--Contingent amendments
1
Australian Citizenship Act 2007
2
31 Paragraph 52G(b)
3
Repeal the paragraph, substitute:
4
(b) because it would involve the disclosure of deliberations or
5
decisions of:
6
(i) the Cabinet; or
7
(ii) a committee of the Cabinet (including the committee
8
known as the National Cabinet); or
9
(iii) a committee (however described) of the National
10
Cabinet.
11
Data Availability and Transparency Act 2021
12
32 Paragraph 106(3)(c)
13
Repeal the paragraph, substitute:
14
(c) involve the disclosure of deliberations or decisions of:
15
(i) the Cabinet; or
16
(ii) a committee of the Cabinet (including the committee
17
known as the National Cabinet); or
18
(iii) a committee (however described) of the National
19
Cabinet;
20
Amendments relating to the National Cabinet
Schedule 3
Application provision
Part 3
No. , 2021
COAG Legislation Amendment Bill 2021
41
Part 3--Application provision
1
33 Application provision
2
(1)
The amendments of the
Freedom of Information Act 1982
made by
3
Part 1 of this Schedule apply in relation to the following requests for
4
access to a document (regardless of when the document was brought
5
into existence):
6
(a) a request that is made on or after the commencement of this
7
item;
8
(b) a request that was made, but not finally determined, before
9
that commencement.
10
(2)
For the purposes of paragraph (1)(b), a request has not been finally
11
determined unless all rights of review and appeal in relation to the
12
request have expired or have been exhausted.
13