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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
COAG Legislation Amendment Bill 2023
No. , 2023
(Prime Minister and Cabinet)
A Bill for an Act to make amendments to deal with
the cessation of the Council of Australian
Governments and for related purposes
No. , 2023
COAG Legislation Amendment Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
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
Disaster Ready 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
Housing Australia Future Fund Act 2023
7
Medical Research Future Fund Act 2015
7
Offshore Petroleum and Greenhouse Gas Storage Act 2006
8
Proceeds of Crime Act 2002
8
Part 3
--
Other bulk amendments
9
DisabilityCare Australia Fund Act 2013
9
Disaster Ready 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
Housing Australia Future Fund Act 2023
11
Medical Research Future Fund Act 2015
12
Offshore Petroleum and Greenhouse Gas Storage Act 2006
12
Proceeds of Crime Act 2002
12
Schedule 2
--
Amendments of references to COAG and
Ministerial Council etc.
14
Part 1
--
Main amendments
14
ii
COAG Legislation Amendment Bill 2023
No. , 2023
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
My Health Records Act 2012
16
National Disability Insurance Scheme Act 2013
17
National Health Reform Act 2011
18
National Transport Commission Act 2003
22
National Vocational Education and Training Regulator Act 2011
25
Offshore Petroleum and Greenhouse Gas Storage Act 2006
25
Part 2
--
Contingent amendments
27
Division 1
--
Amendments contingent on the Infrastructure Australia
Amendment (Independent Review) Act 2023
27
Infrastructure Australia Act 2008
27
Division 2
--
Amendments contingent to the Water Amendment
(Restoring Our Rivers) Act 2023
27
Water Act 2007
27
Part 3
--
Application, transitional and saving provisions
29
No. , 2023
COAG Legislation Amendment Bill 2023
1
A Bill for an Act to make amendments to deal with
1
the cessation of the Council of Australian
2
Governments and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
COAG Legislation Amendment Act 2023.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
COAG Legislation Amendment Bill 2023
No. , 2023
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
The day after this Act receives the Royal
Assent.
3. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 2,
Part 2, Division 1
The day after this Act receives the Royal
Assent.
However, the provisions do not commence
at all if Part 1 of Schedule 1 to the
Infrastructure Australia Amendment
(Independent Review) Act 2023
commences
on or before that time.
5. Schedule 2,
Part 2, Division 2
The day after this Act receives the Royal
Assent.
However, the provisions do not commence
at all if Schedule 5 to the
Water Amendment
(Restoring Our Rivers) Act 2023
commences
on or before that time.
6. Schedule 2,
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
No. , 2023
COAG Legislation Amendment Bill 2023
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
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 2023
No. , 2023
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. , 2023
COAG Legislation Amendment Bill 2023
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 2023
No. , 2023
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
Disaster Ready 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. , 2023
COAG Legislation Amendment Bill 2023
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
Housing Australia Future Fund Act 2023
15
20 Section 4 (definition of
COAG Reform Fund
)
16
Repeal the definition.
17
21 Section 4
18
Insert:
19
Federation Reform Fund
means the Federation Reform Fund
20
established by section 5 of the
Federation
Reform Fund Act 2008
.
21
Medical Research Future Fund Act 2015
22
22 Section 5 (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 2023
No. , 2023
23 Section 5
1
Insert:
2
Federation Reform Fund
means the Federation Reform Fund
3
established by section 5 of the
Federation
Reform Fund Act 2008
.
4
Offshore Petroleum and Greenhouse Gas Storage Act 2006
5
24 Section 7 (definition of
COAG Reform Fund
)
6
Repeal the definition.
7
25 Section 7
8
Insert:
9
Federation Reform Fund
means the Federation Reform Fund
10
established by section 5 of the
Federation
Reform Fund Act 2008
.
11
26 Paragraph 75(5)(a)
12
Omit "
COAG
", substitute "
Federation
".
13
Proceeds of Crime Act 2002
14
27 Section 338 (definition of
COAG Reform Fund
)
15
Repeal the definition.
16
28 Section 338
17
Insert:
18
Federation Reform Fund
means the Federation Reform Fund
19
established by section 5 of the
Federation
Reform Fund Act 2008
.
20
Amendments of references to COAG Reform Fund etc.
Schedule 1
Other bulk amendments
Part 3
No. , 2023
COAG Legislation Amendment Bill 2023
9
Part
3--Other bulk amendments
1
29 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 specifi
ed provisions of the Acts listed
5
in this Part.
6
DisabilityCare Australia Fund Act 2013
7
30 Sections 3 and 9
8
31 Paragraph 14(a)
9
32 Section 18 (heading)
10
33 Paragraph 18(1)(b)
11
34 Subsection 18(2)
12
35 Section 21 (heading)
13
36 Paragraph 21(1)(b)
14
37 Subsection 21(2) (heading)
15
38 Subsection 21(2)
16
39 Paragraph 22(1)(a)
17
40 Subsection 22(1) (note)
18
Disaster Ready Fund Act 2019
19
41 Sections 3 and 8
20
42 Paragraph 14(b)
21
43 Section 19
22
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 3
Other bulk amendments
10
COAG Legislation Amendment Bill 2023
No. , 2023
44 Subsection 28A(4) (note)
1
45 Division 4 of Part 3 (heading)
2
46 Section 32A (heading)
3
47 Subsections 32A(1A) to (2)
4
48 Section 33 (heading)
5
49 Section 33
6
Federal Financial Relations Act 2009
7
50 Paragraphs 9(2)(a) and (b), (3)(a) and (b) and (4)(a) and (b)
8
51 Paragraphs 16(2)(a) and (b), (3)(a) and (b) and (4)(a) and
9
(b)
10
Fuel Indexation (Road Funding) Special Account Act 2015
11
52 Section 3
12
53 Subsection 9(1)
13
54 Section 10 (heading)
14
55 Subsection 10(1)
15
56 Paragraph 10(2)(b)
16
57 Subsection 10(3)
17
58 Section 11 (heading)
18
59 Paragraph 11(1)(b)
19
60 Subsection 11(2) (heading)
20
61 Subsection 11(2)
21
Amendments of references to COAG Reform Fund etc.
Schedule 1
Other bulk amendments
Part 3
No. , 2023
COAG Legislation Amendment Bill 2023
11
62 Paragraph 12(1)(a)
1
63 Subsection 12(1) (note)
2
Future Drought Fund Act 2019
3
64 Paragraph 15(c)
4
65 Section 20
5
66 Paragraph 36(c)
6
67 Division 5A of Part 3 (heading)
7
68 Section 36AA (heading)
8
69 Paragraph 36AA(1)(b)
9
70 Subsection 36AA(2)
10
71 Section 36AB (heading)
11
72 Section 36AB
12
Housing Australia Future Fund Act 2023
13
73 Sections 3 and 8
14
74 Paragraph 12(b)
15
75 Section 17
16
76 Subsection 26(1) (note)
17
77 Division 4 of Part 3 (heading)
18
78 Section 29 (heading)
19
79 Subsections 29(1) to (3)
20
80 Section 30 (heading)
21
Schedule 1
Amendments of references to COAG Reform Fund etc.
Part 3
Other bulk amendments
12
COAG Legislation Amendment Bill 2023
No. , 2023
81 Subsection 30(1)
1
82 Paragraph 30(2)(a)
2
Medical Research Future Fund Act 2015
3
83 Sections 4 and 10
4
84 Paragraph 17(a)
5
85 Subdivision C of Division 4 of Part 2 (heading)
6
86 Section 20 (heading)
7
87 Paragraph 20(1)(b)
8
88 Subsection 20(2)
9
89 Section 21 (heading)
10
90 Subsection 21(1)
11
91 Paragraphs 21(2)(a) and 58(1)(a)
12
Offshore Petroleum and Greenhouse Gas Storage Act 2006
13
92 Subsection 75(3) (heading)
14
93 Subsections 75(3) and (4)
15
Proceeds of Crime Act 2002
16
94 Paragraph 297(ba)
17
95 Section 298E (heading)
18
96 Paragraph 298E(1)(b)
19
97 Subsection 298E(2)
20
Amendments of references to COAG Reform Fund etc.
Schedule 1
Other bulk amendments
Part 3
No. , 2023
COAG Legislation Amendment Bill 2023
13
98 Section 298F (heading)
1
99 Section 298F
2
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
14
COAG Legislation Amendment Bill 2023
No. , 2023
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. , 2023
COAG Legislation Amendment Bill 2023
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 2023
No. , 2023
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
My Health Records Act 2012
25
16 Section 5
26
Insert:
27
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2023
COAG Legislation Amendment Bill 2023
17
Health Chief Executives Forum
means a body (however
1
described) that consists of:
2
(a) the Secretary of the Department; and
3
(b) each head (however described) of the Health Department of a
4
State or Territory.
5
17 Section 5 (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 health.
11
18 Paragraph 109(2)(b)
12
Repeal the paragraph, substitute:
13
(b) the Health Chief Executives Forum.
14
19 Subclause 1(3) of Schedule 1
15
Omit "a subcommittee of the Ministerial Council, prescribed by the
16
regulations for the purposes of this sub
clause", substitute "the Health
17
Chief Executives Forum".
18
National Disability Insurance Scheme Act 2013
19
20 Subparagraph 3(3)(c)(i)
20
Omit "COAG", substitute "the Council of Australian Governments".
21
21 Section 9 (definition of
COAG
)
22
Repeal the definition.
23
22 Section 9
24
Insert:
25
First Ministers' Council
means a body (however described) that
26
consists only of, or that includes, the following:
27
(a) the Prime Minister;
28
(b) the Premiers of each State;
29
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
18
COAG Legislation Amendment Bill 2023
No. , 2023
(c) the Chief Ministers of the Australian Capital Territory and
1
Northern Territory.
2
23 Section 9 (definition of
Ministerial Council
)
3
Repeal the definition, substitute:
4
Ministerial Council
means a body (however described) that
5
consists of the Minister of the Commonwealth, and the Minister of
6
each State and Territory, who is responsible, or principally
7
responsible, for matters relating to the National Disability
8
Insurance Scheme.
9
24 Paragraph 12(1)(c)
10
Omit "COAG", substitute "the First Ministers' Council".
11
National Health Reform Act 2011
12
25 Section 5 (definition of
COAG
)
13
Repeal the definition.
14
26 Section 5
15
Insert:
16
First Ministers' Council
means a body (however described) that
17
consists only of, or that includes, the following:
18
(a) the Prime Minister;
19
(b) the Premiers of each State;
20
(c) the Chief Ministers of the Australian Capital Territory and
21
Northern Territory.
22
Health Chief Executives Forum
means a body (however
23
described) that consists of:
24
(a) the Secretary; and
25
(b) each head (however described) of the Health Department of a
26
State or Territory.
27
27 Section 5 (paragraph (b) of the definition of
28
intergovernmental agreement
)
29
Repeal the paragraph, substitute:
30
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2023
COAG Legislation Amendment Bill 2023
19
(b)
a written resolution of the First Ministers' Council passed in
1
accordance with the procedures determined by that Council.
2
28 Section 5 (definition of
Ministerial Conference
)
3
Repeal the definition.
4
29 Section 5
5
Insert:
6
Ministerial Council
means a body (however described) that
7
consists of the Minister of the Commonwealth, and the Minister of
8
each State and Territory, who is responsible, or principally
9
responsible, for matters relating to health.
10
30 Section 5 (definition of
National Health Reform
11
Agreement
)
12
Omit "COAG", substitute "the Council of Australian Governments".
13
31 Section 5 (definition of
Standing Council on Health
)
14
Repeal the definition.
15
32 Paragraphs 54H(1)(b) and (c)
16
Repeal the paragraphs, substitute:
17
(b) the Ministerial Council;
18
(c) Health Chief Executives Forum;
19
33 Paragraph 131(1)(m)
20
Omit "COAG", substitute "the First Ministers' Council".
21
34 Subsection 131(2)
22
Repeal the subsection, substitute:
23
(2)
The First Ministers' Council is to give its agreement for the
24
purposes of paragraph (1)(m) by a written resolution of that
25
Council passed in accordance with the procedures determined by
26
that Council.
27
35 Section 133 (heading)
28
Omit "
COAG
", substitute "
First
Ministers' Council
".
29
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
20
COAG Legislation Amendment Bill 2023
No. , 2023
36 Subsection 133(1)
1
Omit "COAG", substitute "The First Ministers' Council".
2
37 Subsection 133(2)
3
Omit "COAG passed in accordance with the procedures determined by
4
COAG", substitute "the First Ministers' Council passed in accordance
5
with the procedures determined by that Council".
6
38 Subsection 146(5) (heading)
7
Omit "
Standing Council on Health
", substitute "
Ministerial Council
".
8
39 Subsections 146(5) and (6) and 179(2)
9
Omit "Standing Council on Health", substitute "Ministerial Council".
10
40 Section 209 (heading)
11
Omit "
Standing Council on Health
", substitute "
Ministerial
12
Council
".
13
41 Subsections 209(1) and (2)
14
Omit "Standing Council on Health", substitute "Ministerial Council".
15
42 Paragraphs 220(1)(c) and (d)
16
Repeal the paragraphs, substitute:
17
(c) the Ministerial Council;
18
(d) Health Chief Executives Forum;
19
43 Paragraph 220(1)(h)
20
Omit "COAG", substitute "the First Ministers' Council".
21
44 Subsection 220(2)
22
Repeal the subsection, substitute:
23
(2)
The First Ministers' Council is to give its agreement for the
24
purposes of paragraph (1)(h) by a written resolution of that Council
25
passed in accordance with the procedures determined by that
26
Council.
27
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2023
COAG Legislation Amendment Bill 2023
21
45 Subsection 226(2)
1
Omit "Standing Council on Health",
substitute "Ministerial Council".
2
46 Section 230 (heading)
3
Repeal the heading, substitute:
4
230 Constitution of Ministerial Council etc.
5
47 Subsection 230(1)
6
Repeal the subsection.
7
48 Subsection 230(2)
8
Omit "Standing Council on Health", substitute "Ministerial Council".
9
49 Subsection 230(2)
10
Omit "this Part", substitute "Part
5.2".
11
50 Subsections 230(3) and (4)
12
Omit "Standing Council on Health", substitute "Ministerial Council".
13
51 Subsections 232(1) to (3)
14
Omit "Standing Council on Health", substitute "Ministerial Council".
15
52 Sections 234, 235 and 236
16
Omit "Standing Council on Health" (wherever occurring), substitute
17
"Ministerial Council".
18
53 Subsections 238(3) and (4)
19
Omit "given by COAG", substitute "given by the First Ministers'
20
Council".
21
54 Paragraph 238(4)(a)
22
Omit "COAG passed in accordance with the procedures determined by
23
COAG", substitute "the First Ministers' Council passed in accordance
24
with the procedures determined by that Council".
25
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
22
COAG Legislation Amendment Bill 2023
No. , 2023
55 Section 246
1
Omit "COAG", substitute "the First Ministers' Council".
2
56 Paragraph 268(2)(f)
3
Omit "COAG", substitute "the First Ministers' Council".
4
57 Paragraphs 275(1)(e) and (f)
5
Repeal the paragraphs, substitute:
6
(e) the Ministerial Council;
7
(f) Health Chief Executives Forum;
8
58 Paragraph 275(1)(j)
9
Omit "COAG", substitute "the First Ministers' Council".
10
59 Subsection 275(2)
11
Repeal the subsection, substitute:
12
(2)
The First Ministers' Council is to give its agreement for the
13
purposes of paragraph (1)(j) by a written resolution of that Council
14
passed in accordance with the procedures determined by that
15
Council.
16
60 Subsection 282(3)
17
Omit "Standing Council on Health", substitute "Ministerial Council".
18
National Transport Commission Act 2003
19
61 Subparagraphs 3(b)(i) and (ii)
20
Omit "Australian Transport", substitute "Ministerial".
21
62 Section 4 (definition of
Australian Transport Council
)
22
Repeal the definition.
23
63 Section 4
24
Insert:
25
Ministerial Council
means a body (however described) that
26
consists of the Minister of the Commonwealth, and the Minister of
27
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2023
COAG Legislation Amendment Bill 2023
23
each State and Territory, who is responsible, or principally
1
responsible, for matters relating to transport.
2
64 Section 4 (definition of
road transport legislation
)
3
Omit "Australian Transport", substitute "Ministerial".
4
65 Paragraph 6(1)(c)
5
Omit "Australian Transport", substitute "Ministerial".
6
66 Section 8 (heading)
7
Omit "
Australian Transport
", substitute "
Ministerial
".
8
67 Sections 8, 12, 13, 16 and 17
9
Omit "Australian Transport" (wherever occurring), substitute
10
"Ministerial".
11
68 Subsection 19(3)
12
Omit "Australian Transport", substitute "Ministerial".
13
69 Sections 20 and 21
14
Omit "Australian Transport", substitute "Ministerial".
15
70 Subsections 22(2), (3), (4) and (6)
16
Omit "Australian Transport", substitute "Ministerial".
17
71 Subsection 23(1)
18
Om
it "Australian Transport", substitute "Ministerial".
19
72 Subsections 25(1), (2), (4), (5) and (7)
20
Omit "Australian Transport", substitute "Ministerial".
21
73 Subsection 37(1)
22
Omit "Australian Transport", substitute "Ministerial".
23
74 Subsection 37(2)
24
Omit "Australian Transport" (wherever occurring), substitute
25
"Ministerial".
26
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
24
COAG Legislation Amendment Bill 2023
No. , 2023
75 Subsections 37(3) and (4)
1
Omit "Australian Transport", substitute "Ministerial".
2
76 Subsections 38(2), 40(3), 41(2) and 48(2)
3
Omit "Australian Transport", substitute "Ministerial".
4
77 Section 49 (heading)
5
Omit "
Australian Transport
", substitute "
Ministerial
".
6
78 Subsection 49(1)
7
Omit "Australian Transport" (wherever occurring), substitute
8
"Ministerial".
9
79 Subsections 49(2) to (4)
10
Omit "Australian Transport", substitute "Ministerial".
11
80 Section 50 (heading)
12
Omit "
Australian Transport Council
", substitute "
Ministerial
13
Council etc.
".
14
81 Paragraph 50(1)(a)
15
Omit "Australian Transport" (wherever occurring), substitute
16
"Ministerial".
17
82 Subsection 50(1)
18
Omit "Australian Transport Council or the" (wherever occurring),
19
substitute "Ministerial Council or the former".
20
83 Paragraphs 50(2)(a) and (b)
21
Omit "Australian Transport", substitute "Ministerial".
22
84 Subsections 50(3), (4) and (5)
23
Omit "Australian Transport" (wherever
occurring), substitute
24
"Ministerial".
25
85 Subsection 50(6)
26
Repeal the subsection, substitute:
27
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Main amendments
Part 1
No. , 2023
COAG Legislation Amendment Bill 2023
25
(6) In this section:
1
former Ministerial Council
means the Ministerial Council for
2
Road Transport that was established by the Heavy Vehicles
3
Agreement (within the meaning of the repealed
National Road
4
Transport Commission Act 1991
, as that Agreement was in force
5
before the commencement of subsection 44(6) of that Act).
6
86 Subsection 51(1)
7
Omit "Australian Transport", substitute "Ministerial".
8
National Vocational Education and Training Regulator Act
9
2011
10
87 Section 3 (paragraph (a) of the definition of
Ministerial
11
Council
)
12
Repeal the paragraph, substitute:
13
(a) if there is a body (however described) that consists of the
14
Minister of the Commonwealth, and the Minister of each
15
State and Territory, who is responsible, or principally
16
responsible, for matters relating to training and skills
--
that
17
body; or
18
Offshore Petroleum and Greenhouse Gas Storage Act 2006
19
88 Section 7 (definition of
Ministers responsible for mineral
20
and energy resources matters
)
21
Repeal the definition, substitute:
22
Ministers responsible for mineral and energy resources matters
23
means a body (however described) that consists of the Minister of
24
the Commonwealth, the Minister of each State and Territory and
25
the Minister of New Zealand who is responsible, or principally
26
responsible, for matters relating to energy or resources (or both).
27
89 Section 643 (paragraph (a) of the definition of
Greenhouse
28
Gas Storage Ministerial Council
)
29
Repeal the paragraph, substitute:
30
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 1
Main amendments
26
COAG Legislation Amendment Bill 2023
No. , 2023
(a) if there is a body (however described) that consists of the
1
Minister of the Commonwealth, and the Minister of each
2
State and Territory, who is responsible, or principally
3
responsible, for matters relating to:
4
(i) the injection of greenhouse gas substances into parts of
5
geological formations; and
6
(ii) the permanent storage of greenhouse gas substances in
7
parts of geological formations;
8
that body; or
9
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Contingent amendments
Part 2
No. , 2023
COAG Legislation Amendment Bill 2023
27
Part
2--Contingent amendments
1
Division 1
--
Amendments contingent on the
2
Infrastructure Australia Amendment
3
(Independent Review) Act 2023
4
Infrastructure Australia Act 2008
5
90 Section 3 (definition of
COAG
)
6
Repeal the definition.
7
91 Subsection 6(2)
8
Repeal the subsection, substitute:
9
(2) In giving directions under subsection (1), the Minister may have
10
regard to any relevant decisions of a body (however described) that
11
consists only of, or that includes, the following:
12
(a) the Prime Minister;
13
(b) the Premiers of each State;
14
(c) the Chief Ministers of the Australian Capital Territory and
15
Northern Territory.
16
Division 2
--
Amendments contingent to the Water
17
Amendment (Restoring Our Rivers) Act 2023
18
Water Act 2007
19
92 Section 4
20
Insert:
21
First Ministers' Council
means a body (however described) that
22
consists only of, or that includes, the following:
23
(a) the Prime Minister;
24
(b) the Premiers of each State;
25
(c) the Chief Ministers of the Australian Capital Territory and
26
Northern Territory.
27
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 2
Contingent amendments
28
COAG Legislation Amendment Bill 2023
No. , 2023
93 Paragraph 88(4)(a)
1
Omit "Council of Australian Governments", substitute "First Ministers'
2
Council
".
3
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Application, transitional and saving provisions
Part 3
No. , 2023
COAG Legislation Amendment Bill 2023
29
Part
3--Application, transitional and saving
1
provisions
2
94 Definitions
3
In this Part:
4
amended Act
means an Act amended by Part 1 or Part 2 of this
5
Schedule.
6
ANPHA Act
means the
Australian National Preventive Health Agency
7
Act 2010
.
8
Australian Transport Council
has the same meaning as in the NTC
9
Act, as in force immediately before the commencement time.
10
BC Act
means the
Biological Control Act 1984
.
11
COAG
means the Council of Australian Governments.
12
commencement time
means the commencement of this Part.
13
Council
has the same meaning as in the BC Act, as in force
14
immediately before the commencement time.
15
First Ministers' Council
means the First Ministers' Council within the
16
meaning of a particular amended Act, as amended by Part 1 or Part 2 of
17
this Schedule.
18
former Ministerial Council
means a Ministerial Council within the
19
meaning of a particular amended Act, as in force immediately before
20
the commencement time.
21
Ministerial Conference
has the same meaning as in the ANPHA Act, as
22
in force immediately before the commencement time.
23
new Ministerial Council
means a Ministerial Council within the
24
meaning of a particular amended Act, as amended by Part 1 of this
25
Schedule.
26
NHR Act
means the
National Health Reform Act 2011
.
27
NTC Act
means the
National Transport Commission Act 2003
.
28
Standing Council on Health
has the same meaning as in the NHR Act,
29
as in force immediately before the commencement time.
30
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 3
Application, transitional and saving provisions
30
COAG Legislation Amendment Bill 2023
No. , 2023
95 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:
4
(a) if the amended Act is the
Infrastructure Australia Act 2008
--
5
the body described in subsection 6(2) of that Act (as
6
amended by Part 2 of this Schedule); or
7
(b) otherwise
--the First Ministers' Council under, or for the
8
purposes of, that particular amended Act.
9
96 Things started but not finished by COAG
10
(1)
This item applies if:
11
(a) before the commencement time, COAG started doing a thing
12
under, or for the purposes of, a particular amended Act; and
13
(b) immediately before that time, COAG had not finished doing
14
that thing.
15
(2)
After the commencement time:
16
(a) if the amended Act is the
Infrastructure Australia Act 2008
--
17
the body described in subsection 6(2) of that Act (as
18
amended by Part 2 of this Schedule); or
19
(b) otherwise
--the First Ministers' Council under, or for the
20
purposes of, that particular amended Act;
21
may finish doing the thing under, or for the purposes of, that particular
22
amended Act.
23
97 Things done by, or in relation to, a former Ministerial
24
Council
25
Anything done by, or in relation to, a former Ministerial Council under,
26
or for the purposes of, a particular amended Act before the
27
commencement time has effect after that time as if the thing had been
28
done by, or in relation to, a new Ministerial Council under, or for the
29
purposes of, that particular amended Act.
30
98 Things started but not finished by a former Ministerial
31
Council
32
(1)
This item applies if:
33
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Application, transitional and saving provisions
Part 3
No. , 2023
COAG Legislation Amendment Bill 2023
31
(a) before the commencement time, a former Ministerial Council
1
started doing a thing under, or for the purposes of, a
2
particular amended Act; and
3
(b) immediately before that time, the former Ministerial Council
4
had not finished doing that thing.
5
(2)
A new Ministerial Council may, after the commencement time, finish
6
doing the thing under, or for the purposes of, that particular amended
7
Act.
8
99 Things done by, or in relation to, the Ministerial
9
Conference
10
Anything done by, or in relation to, the Ministerial Conference under,
11
or for the purposes of, the ANPHA Act before the commencement time
12
has effect after that time as if the thing had been done by, or in relation
13
to, the Ministerial Council (within the meaning of that Act, as amended
14
by Part 1 of this Schedule) under, or for the purposes of, that Act.
15
100 Things started but not finished by the Ministerial
16
Conference
17
(1)
This item applies if:
18
(a) before the commencement time, the Ministerial Conference
19
started doing a thing under, or for the purposes of, the
20
ANPHA Act; and
21
(b) immediately before that time, the Ministerial Conference had
22
not finished doing that thing.
23
(2)
The Ministerial Council (within the meaning of the ANPHA Act, as
24
amended by Part 1 of this Schedule) may, after the commencement
25
time, finish doing the thing under, or for the purposes of, that Act.
26
101 Things done by, or in relation to, the Standing Council on
27
Health
28
Anything done by, or in relation to, the Standing Council on Health
29
under, or for the purposes of, the NHR Act before the commencement
30
time has effect after that time as if the thing had been done by, or in
31
relation to, the Ministerial Council (within the meaning of that Act, as
32
amended by Part 1 of this Schedule) under, or for the purposes of, that
33
Act.
34
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 3
Application, transitional and saving provisions
32
COAG Legislation Amendment Bill 2023
No. , 2023
102 Things started but not finished by the Standing Council
1
on Health
2
(1)
This item applies if:
3
(a) before the commencement time, the Standing Council on
4
Health started doing a thing under, or for the purposes of, the
5
NHR Act; and
6
(b) immediately before that time, the Standing Council on Health
7
had not finished doing that thing.
8
(2)
The Ministerial Council (within the meaning of the NHR Act, as
9
amended by Part 1 of this Schedule) may, after the commencement
10
time, finish doing the thing under, or for the purposes of, that Act (as
11
amended by that Part).
12
103 Things done by, or in relation to, the Council
13
Anything done by, or in relation to, the Council under, or for the
14
purposes of, the BC Act before the commencement time has effect after
15
that time as if the thing had been done by, or in relation to, the Council
16
(within the meaning of that Act, as amended by Part 1 of this Schedule)
17
under, or for the purposes of, that Act.
18
104 Things started but not finished by the Council
19
(1)
This item applies if:
20
(a) before the commencement time, the Council started doing a
21
thing under, or for the purposes of, the BC Act; and
22
(b) immediately before that time, the Council had not finished
23
doing that thing.
24
(2)
The Council (within the meaning of the BC Act, as amended by Part 1
25
of this Schedule) may, after the commencement time, finish doing the
26
thing under, or for the purposes of, that Act.
27
Amendments of references to COAG and Ministerial Council etc.
Schedule 2
Application, transitional and saving provisions
Part 3
No. , 2023
COAG Legislation Amendment Bill 2023
33
105 Things done by, or in relation to, the Australian
1
Transport Council
2
Anything done by, or in relation to, the Australian Transport Council
3
under, or for the purposes of, the NTC Act before the commencement
4
time has effect after that time as if the thing had been done by, or in
5
relation to, the Ministerial Council (within the meaning of that Act, as
6
amended by Part 1 of this Schedule) under, or for the purposes of, that
7
Act.
8
106 Things started but not finished by the Australian
9
Transport Council
10
(1)
This item applies if:
11
(a) before the commencement time, the Australian Transport
12
Council started doing a thing under, or for the purposes of,
13
the NTC Act; and
14
(b) immediately before that time, the Australian Transport
15
Council had not finished doing that thing.
16
(2)
The Ministerial Council (within the meaning of the NTC Act, as
17
amended by Part 1 of this Schedule) may, after the commencement
18
time, finish doing the thing under, or for the purposes of, that Act.
19
107 Transitional rules
20
(1)
The Minister may, by legislative instrument, make rules prescribing
21
matters of a transitional nature (including prescribing any saving or
22
application provisions) relating to the amendments or repeals made by
23
this Act.
24
(2)
To avoid doubt, the rules may not do the following:
25
(a) create an offence or civil penalty;
26
(b) provide powers of:
27
(i) arrest or detention; or
28
(ii) entry, search or seizure;
29
(c) impose a tax;
30
(d) set an amount to be appropriated from the Consolidated
31
Revenue Fund under an appropriation in this Act;
32
(e) directly amend the text of this Act.
33
Schedule 2
Amendments of references to COAG and Ministerial Council etc.
Part 3
Application, transitional and saving provisions
34
COAG Legislation Amendment Bill 2023
No. , 2023
(3)
This Schedule (other than subitem (2)) does not limit the rules that may
1
be made for the purposes of subitem (1).
2