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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
DisabilityCare Australia Fund
(Consequential Amendments) Bill 2013
No. , 2013
(Finance and Deregulation)
A Bill for an Act to deal with consequential matters
arising from the enactment of the DisabilityCare
Australia Fund Act 2013, and for related purposes
i DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
COAG Reform Fund Act 2008
3
Future Fund Act 2006
3
Nation-building Funds Act 2008
8
DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013 1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the DisabilityCare
2
Australia Fund Act 2013, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the DisabilityCare Australia Fund
6
(Consequential Amendments) Act 2013.
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
13
2 DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) 1 July 2014; and
(b) the commencement of Schedule 1 to the
Medicare Levy Amendment
(DisabilityCare Australia) Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
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 Schedule(s)
7
Each Act 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
Amendments Schedule 1
DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
COAG Reform Fund Act 2008
3
1 Subsection 5(2) (after note 2)
4
Insert:
5
Note 2A: An amount originating in the DisabilityCare Australia Fund may be
6
transferred to the COAG Reform Fund--see the DisabilityCare
7
Australia Fund Act 2013.
8
2 After paragraph 7(1)(b)
9
Insert:
10
(ba) the grant is not covered by subsection 21(2) of the
11
DisabilityCare Australia Fund Act 2013; and
12
3 Subsection 7(3) (after note 1)
13
Insert:
14
Note 1A: The provision referred to in paragraph (1)(ba) deals with the
15
channelling, through the COAG Reform Fund, of State/Territory
16
grants payments from the DisabilityCare Australia Fund established
17
by the DisabilityCare Australia Fund Act 2013. For terms and
18
conditions of those grants, see the DisabilityCare Australia Fund Act
19
2013.
20
Future Fund Act 2006
21
4 Section 4 (note)
22
After "Nation-building Funds Act 2008", insert "and the DisabilityCare
23
Australia Fund Act 2013".
24
5 Section 5
25
Insert:
26
DisabilityCare Australia Fund means the DisabilityCare Australia
27
Fund established by section 10 of the DisabilityCare Australia
28
Fund Act 2013.
29
6 Section 5
30
Insert:
31
Schedule 1 Amendments
4 DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013
DisabilityCare Australia Fund Special Account means the
1
DisabilityCare Australia Fund Special Account established by
2
section 11 of the DisabilityCare Australia Fund Act 2013.
3
7 Section 5
4
Insert:
5
National Disability Insurance Minister means the Minister who
6
administers the National Disability Insurance Scheme Act 2013.
7
8 Section 13 (note 2A)
8
Omit "and the Health and Hospitals Fund", substitute "the Health and
9
Hospitals Fund and the DisabilityCare Australia Fund".
10
9 Subsection 28(5)
11
Omit "Neither", substitute "None".
12
10 After paragraph 28(5)(b)
13
Insert:
14
(ba) the DisabilityCare Australia Fund Act 2013;
15
11 Subsection 28(5)
16
Omit "prevents", substitute "prevent".
17
12 At the end of subsection 28(5)
18
Add:
19
; (g) subsection 39(1) of the DisabilityCare Australia Fund Act
20
2013.
21
13 Section 33 (note)
22
After "the Nation-building Funds Act 2008", insert "and the
23
DisabilityCare Australia Fund Act 2013".
24
14 At the end of paragraph 35(b)
25
Add:
26
or (iii) the DisabilityCare Australia Fund Act 2013;
27
15 Subsection 55(3)
28
Repeal the subsection, substitute:
29
Amendments Schedule 1
DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013 5
(3) Subsections (1) and (2) do not apply to the operations of the Board
1
under:
2
(a) the Nation-building Funds Act 2008; and
3
(b) the DisabilityCare Australia Fund Act 2013.
4
16 At the end of paragraph 63(1)(b)
5
Add "or".
6
17 After paragraph 63(1)(b)
7
Insert:
8
(c) the DisabilityCare Australia Fund Act 2013;
9
18 After paragraph 63(2)(aa)
10
Insert:
11
(ab) the DisabilityCare Australia Fund Act 2013; or
12
19 After subsection 81(1C)
13
Insert:
14
DisabilityCare Australia Fund
15
(1D) A report under subsection (1) for a financial year must include a
16
report of:
17
(a) the performance of the investments of the DisabilityCare
18
Australia Fund; and
19
(b) the total amount debited from the DisabilityCare Australia
20
Fund Special Account for the purpose mentioned in
21
paragraph 15(d) of the DisabilityCare Australia Fund Act
22
2013; and
23
(c) the total amount debited from the DisabilityCare Australia
24
Fund Special Account for the purpose mentioned in
25
paragraph 16(d) of the DisabilityCare Australia Fund Act
26
2013; and
27
(d) the total amount debited from the DisabilityCare Australia
28
Fund Special Account for the purpose mentioned in
29
paragraph 16(e) of the DisabilityCare Australia Fund Act
30
2013; and
31
(e) the total amount debited from the DisabilityCare Australia
32
Fund Special Account for the purpose mentioned in
33
Schedule 1 Amendments
6 DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013
paragraph 16(f) of the DisabilityCare Australia Fund Act
1
2013;
2
during the financial year.
3
20 After subsection 81(2C)
4
Insert:
5
(2D) A report under this section must include a benchmark in relation to
6
the amounts referred to in paragraphs (1D)(b) to (e).
7
21 After paragraph 81(4)(e)
8
Insert:
9
(ea) the National Disability Insurance Minister;
10
22 At the end of paragraph 83B(1)(d)
11
Add "or".
12
23 After paragraph 83B(1)(d)
13
Insert:
14
(da) subsection 39(1) of the DisabilityCare Australia Fund Act
15
2013;
16
24 After subparagraph 84(1)(b)(ii)
17
Insert:
18
(iia) a provision of the DisabilityCare Australia Fund Act
19
2013;
20
25 At the end of paragraph 84(1)(b)
21
Add:
22
or (vii) the DisabilityCare Australia Fund Special Account;
23
26 After subsection 84(4)
24
Insert:
25
Transfer of amounts to the DisabilityCare Australia Fund Special
26
Account
27
(4A) If an amount is credited to the Fund Account under subsection (1),
28
the nominated Minister may, by writing, direct that a specified
29
amount is to be:
30
Amendments Schedule 1
DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013 7
(a) debited from the Fund Account; and
1
(b) credited to the DisabilityCare Australia Fund Special
2
Account;
3
on a specified day.
4
27 Paragraph 84(5)(b)
5
Omit "and (4)", substitute ", (4) and (4A)".
6
28 Subsection 84(6)
7
Omit "or (4)", substitute ", (4) or (4A)".
8
29 At the end of paragraph 2(2)(a) of Schedule 2
9
Add:
10
or (vi) paragraph 15(e) of the DisabilityCare Australia Fund
11
Act 2013;
12
30 At the end of paragraph 2(2)(b) of Schedule 2
13
Add:
14
or (vi) paragraph 15(f) of the DisabilityCare Australia Fund
15
Act 2013;
16
31 At the end of paragraph 2(2)(c) of Schedule 2
17
Add:
18
or (vi) a paragraph of section 15 of the DisabilityCare
19
Australia Fund Act 2013;
20
32 Clause 1 of Schedule 2A
21
Omit "or the Health and Hospitals Fund", substitute ", the Health and
22
Hospitals Fund or the DisabilityCare Australia Fund".
23
33 At the end of Schedule 2A
24
Add:
25
5 Transfers from the Future Fund to the DisabilityCare Australia
26
Fund
27
(1) If an amount is debited from the DisabilityCare Australia Fund
28
Special Account for a purpose mentioned in section 16 of the
29
Schedule 1 Amendments
8 DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013
DisabilityCare Australia Fund Act 2013, the nominated Minister
1
may, by writing, direct that a specified amount is to be:
2
(a) debited from the Fund Account; and
3
(b) credited to the DisabilityCare Australia Fund Special
4
Account;
5
on a specified day.
6
(2) The specified amount must not exceed the amount debited from the
7
DisabilityCare Australia Fund Special Account as mentioned in
8
subsection (1).
9
(3) A direction under subsection (1) is not a legislative instrument.
10
Nation-building Funds Act 2008
11
34 Section 4
12
Insert:
13
DisabilityCare Australia Fund Special Account means the
14
DisabilityCare Australia Fund Special Account established by
15
section 11 of the DisabilityCare Australia Fund Act 2013.
16
35 At the end of paragraph 20(a)
17
Add:
18
or (vi) paragraph 15(e) of the DisabilityCare Australia Fund
19
Act 2013;
20
36 At the end of paragraph 20(b)
21
Add:
22
or (vi) paragraph 15(f) of the DisabilityCare Australia Fund
23
Act 2013;
24
37 At the end of paragraph 20(c)
25
Add:
26
or (vi) a paragraph of section 15 of the DisabilityCare
27
Australia Fund Act 2013;
28
38 At the end of Division 5 of Part 2.2
29
Add:
30
Amendments Schedule 1
DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013 9
29A Transfers from the Building Australia Fund to the
1
DisabilityCare Australia Fund
2
(1) If an amount is debited from the DisabilityCare Australia Fund
3
Special Account for a purpose mentioned in section 16 of the
4
DisabilityCare Australia Fund Act 2013, the Finance Minister
5
may, by writing, direct that a specified amount is to be:
6
(a) debited from the Building Australia Fund Special Account;
7
and
8
(b) credited to the DisabilityCare Australia Fund Special
9
Account;
10
on a specified day.
11
(2) The specified amount must not exceed the amount debited from the
12
DisabilityCare Australia Fund Special Account as mentioned in
13
subsection (1).
14
(3) A direction under subsection (1) is not a legislative instrument.
15
39 Subsection 122(1)
16
After "29,", insert "29A,".
17
40 Subsection 122(3)
18
Omit "or 29", substitute ", 29 or 29A".
19
41 At the end of paragraph 138(a)
20
Add:
21
or (vi) paragraph 15(e) of the DisabilityCare Australia Fund
22
Act 2013;
23
42 At the end of paragraph 138(b)
24
Add:
25
or (vi) paragraph 15(f) of the DisabilityCare Australia Fund
26
Act 2013;
27
43 At the end of paragraph 138(c)
28
Add:
29
or (vi) a paragraph of section 15 of the DisabilityCare
30
Australia Fund Act 2013;
31
Schedule 1 Amendments
10 DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. ,
2013
44 At the end of Division 5 of Part 3.2
1
Add:
2
148A Transfers from the Education Investment Fund to the
3
DisabilityCare Australia Fund
4
(1) If an amount is debited from the DisabilityCare Australia Fund
5
Special Account for a purpose mentioned in section 16 of the
6
DisabilityCare Australia Fund Act 2013, the Finance Minister
7
may, by writing, direct that a specified amount is to be:
8
(a) debited from the Education Investment Fund Special
9
Account; and
10
(b) credited to the DisabilityCare Australia Fund Special
11
Account;
12
on a specified day.
13
(2) The specified amount must not exceed the amount debited from the
14
DisabilityCare Australia Fund Special Account as mentioned in
15
subsection (1).
16
(3) A direction under subsection (1) is not a legislative instrument.
17
45 Subsection 207(1)
18
After "148,", insert "148A,".
19
46 Subsection 207(3)
20
Omit "or 148", substitute ", 148 or 148A".
21
47 At the end of paragraph 219(a)
22
Add:
23
or (vi) paragraph 15(e) of the DisabilityCare Australia Fund
24
Act 2013;
25
48 At the end of paragraph 219(b)
26
Add:
27
or (vi) paragraph 15(f) of the DisabilityCare Australia Fund
28
Act 2013;
29
49 At the end of paragraph 219(c)
30
Add:
31
Amendments Schedule 1
DisabilityCare Australia Fund (Consequential Amendments) Bill 2013 No. , 2013
11
or (vi) a paragraph of section 15 of the DisabilityCare
1
Australia Fund Act 2013;
2
50 At the end of Division 5 of Part 4.2
3
Add:
4
224A Transfers from the Health and Hospitals Fund to the
5
DisabilityCare Australia Fund
6
(1) If an amount is debited from the DisabilityCare Australia Fund
7
Special Account for a purpose mentioned in section 16 of the
8
DisabilityCare Australia Fund Act 2013, the Finance Minister
9
may, by writing, direct that a specified amount is to be:
10
(a) debited from the Health and Hospitals Fund Special Account;
11
and
12
(b) credited to the DisabilityCare Australia Fund Special
13
Account;
14
on a specified day.
15
(2) The specified amount must not exceed the amount debited from the
16
DisabilityCare Australia Fund Special Account as mentioned in
17
subsection (1).
18
(3) A direction under subsection (1) is not a legislative instrument.
19
51 Subsection 275(1)
20
After "224,", insert "224A,".
21
52 Subsection 275(3)
22
Omit "or 224", substitute ", 224 or 224A".
23
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