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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Emergency Response Fund Amendment
(Disaster Ready Fund) Bill 2022
No. , 2022
(Finance)
A Bill for an Act to amend the Emergency Response
Fund Act 2019, and for other purposes
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
4
Consequential amendments of the
Emergency Response
Fund Investment Mandate Direction 2020
........................................ 2
Schedule 1--Amendments commencing on a day to be fixed by
Proclamation
4
Part 1--General amendments
4
Emergency Response Fund Act 2019
4
Part 2--Consequential amendments
28
Aboriginal and Torres Strait Islander Land and Sea Future Fund Act
2018
28
COAG Reform Fund Act 2008
28
DisabilityCare Australia Fund Act 2013
29
Future Drought Fund Act 2019
29
Future Fund Act 2006
29
Medical Research Future Fund Act 2015
34
Part 3--Transitional and application provisions
35
Schedule 2--Amendments commencing on 1 July 2023
36
Part 1--Amendments
36
Emergency Response Fund Act 2019
36
Part 2--Transitional provisions
38
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
1
A Bill for an Act to amend the Emergency Response
1
Fund Act 2019, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Emergency Response Fund Amendment (Disaster
5
Ready Fund) Act 2022
.
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
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2
1 July 2023.
1 July 2023
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
4 Consequential amendments of the Emergency Response Fund
12
Investment Mandate Direction 2020
13
(1) During the period:
14
(a) beginning at the commencement of this section; and
15
(b) ending immediately before the commencement of Schedule 1
16
to this Act;
17
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
3
the responsible Ministers may, by legislative instrument, make the
1
following amendments of the
Emergency Response Fund
2
Investment Mandate Direction 2020
:
3
(c) in section 1 of that Direction, omitting "
Emergency Response
4
Fund
"
and substituting "
Disaster Ready Fund
";
5
(d) in section 3 of that Direction, omitting "made under the
6
Emergency Response Fund Act 2019
"
and substituting "in
7
force under the
Disaster Ready Fund Act 2019
";
8
(e) in the definition of
Act
in section 4 of that Direction, omitting
9
"
Emergency Response Fund Act 2019
" and substituting
10
"
Disaster Ready Fund Act 2019
";
11
(f) in the definition of
Fund
in section 4 of that Direction,
12
omitting "Emergency Response Fund" and substituting
13
"Disaster Ready Fund".
14
(2) An instrument made under subsection (1) of this section must not
15
take effect before the commencement of Schedule 1 to this Act.
16
(3) Section 42 of the
Emergency Response Fund Act 2019
(which
17
deals with consultation) applies to the making of an instrument
18
under subsection (1) of this section in a corresponding way to the
19
way in which it applies to the giving of a direction under
20
subsection 39(1) of that Act.
21
(4) This section does not, by implication, limit the application of
22
subsection 33(3) of the
Acts Interpretation Act 1901
to any other
23
power to make an instrument.
24
(5) For the purposes of this section,
responsible Ministers
has the
25
same meaning as in the
Emergency Response Fund Act 2019
.
26
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
4
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
Schedule 1--Amendments commencing on a
1
day to be fixed by Proclamation
2
Part 1--General amendments
3
Emergency Response Fund Act 2019
4
1 Title
5
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
6
Fund
".
7
2 Section 1
8
Omit "
Emergency Response Fund
", substitute "
Disaster Ready Fund
".
9
Note:
This item amends the short title of the Act. If another amendment of the Act is
10
described by reference to the Act's previous short title, that other amendment has effect
11
after the commencement of this item as an amendment of the Act under its amended
12
short title (see section 10 of the
Acts Interpretation Act 1901
).
13
3 Section 3 (paragraph beginning
"This Act establishes the
14
Emergency Response Fund
")
15
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
16
4 Section 3 (paragraph beginning
"The Emergency Response
17
Fund consists of
")
18
Omit "Emergency Response Fund consists of", substitute "Disaster
19
Ready Fund consists of".
20
5 Section 3 (paragraph beginning
"The Emergency Response
21
Fund consists of
")
22
Omit "Emergency Response Fund Special Account", substitute
23
"Disaster Ready Fund Special Account".
24
6 Section 3 (paragraph beginning
"The Emergency Response
25
Fund consists of
")
26
Omit "of the Emergency Response Fund", substitute "of the Disaster
27
Ready Fund".
28
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
5
7 Section 3 (paragraph beginning
"The balance")
1
Repeal the paragraph.
2
8 Section 3 (paragraph beginning
"The Future Fund Board
3
is
")
4
Omit "Emergency Response Fund" (first occurring), substitute
5
"Disaster Ready Fund".
6
9 Section 3 (paragraph beginning
"The Future Fund Board
7
is
")
8
Omit "Emergency Response Fund Investment Mandate", substitute
9
"Disaster Ready Fund Investment Mandate".
10
10 Section 3 (paragraph beginning
"This Act establishes the
11
Home Affairs
")
12
Omit "Home Affairs Emergency Response Fund Special Account",
13
substitute "Disaster Ready Fund Payments Special Account".
14
11 Section 3 (paragraph beginning
"Amounts will be
15
transferred from the Emergency Response Fund
16
Special Account to the Home Affairs
")
17
Omit "Emergency Response Fund Special Account to the Home Affairs
18
Emergency Response Fund Special Account", substitute "Disaster
19
Ready Fund Special Account to the Disaster Ready Fund Payments
20
Special Account".
21
12 Section 3 (paragraph beginning
"The purposes of the
22
Home Affairs
")
23
Omit "Home Affairs Emergency Response Fund Special Account",
24
substitute "Disaster Ready Fund Payments Special Account".
25
13 Section 3 (paragraph beginning
"Amounts will be
26
transferred from the Emergency Response Fund
27
Special Account to the COAG
")
28
Omit "Emergency Response Fund Special Account", substitute
29
"Disaster Ready Fund Special Account".
30
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
6
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
14 Section 4
1
Insert:
2
balance of the Disaster Ready Fund
means the sum of:
3
(a) amounts standing to the credit of the Disaster Ready Fund
4
Special Account; and
5
(b) the value of investments of the Disaster Ready Fund.
6
15 Section 4 (definition of balance of the Emergency
7
Response Fund)
8
Repeal the definition.
9
16 Section 4
10
Insert:
11
Disaster Ready Fund
means the Disaster Ready Fund referred to
12
in section 9.
13
17 Section 4
14
Insert:
15
Disaster Ready Fund investment function
of the Future Fund
16
Board means:
17
(a) a function or power conferred on the Future Fund Board by
18
section 37, 38, 45, 47, 49 or 50; or
19
(b) a right or power conferred on the Future Fund Board in its
20
capacity as the holder of an investment of the Disaster Ready
21
Fund.
22
18 Section 4
23
Insert:
24
Disaster Ready Fund Investment Mandate
has the meaning given
25
by subsection 39(3).
26
19 Section 4
27
Insert:
28
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
7
Disaster Ready Fund Payments Special Account
means the
1
Disaster Ready Fund Payments Special Account referred to in
2
section 27.
3
20 Section 4
4
Insert:
5
Disaster Ready Fund Special Account
means the Disaster Ready
6
Fund Special Account referred to in section 12.
7
21 Section 4 (definition of Education Investment Fund)
8
Repeal the definition.
9
22 Section 4 (definition of Education Investment Fund
10
Special Account)
11
Repeal the definition.
12
23 Section 4 (definition of Emergency Response Fund)
13
Repeal the definition, substitute:
14
Emergency Response Fund
means the Emergency Response Fund
15
that was established by this Act as originally enacted.
16
24 Section 4 (definition of Emergency Response Fund
17
investment function)
18
Repeal the definition.
19
25 Section 4 (definition of Emergency Response Fund
20
Investment Mandate)
21
Repeal the definition.
22
26 Section 4 (definition of Emergency Response Fund
23
Special Account)
24
Repeal the definition, substitute:
25
Emergency Response Fund Special Account
means the
26
Emergency Response Fund Special Account that was established
27
by this Act as originally enacted.
28
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
8
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
27 Section 4 (definition of Home Affairs Department)
1
Repeal the definition.
2
28 Section 4 (definition of Home Affairs Emergency
3
Response Fund Special Account)
4
Repeal the definition, substitute:
5
Home Affairs Emergency Response Fund Special Account
means
6
the Home Affairs Emergency Response Fund Special Account that
7
was established by this Act as originally enacted.
8
29 Section 4 (definition of Home Affairs Minister)
9
Repeal the definition.
10
30 Section 4
11
Insert:
12
investment of the Disaster Ready Fund
means a financial asset
13
that, under a provision of this Act, is taken to be an investment of
14
the Disaster Ready Fund.
15
31 Section 4 (definition of investment of the Education
16
Investment Fund)
17
Repeal the definition.
18
32 Section 4 (definition of investment of the Emergency
19
Response Fund)
20
Repeal the definition, substitute:
21
investment of the Emergency Response Fund
has the same
22
meaning as in this Act as in force immediately before the
23
commencement of section 9A.
24
33 Section 4
25
Insert:
26
NEMA
means the body known as the
National Emergency
27
Management
Agency.
28
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
9
34 Section 4 (definition of value)
1
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
2
35 Part 2 (heading)
3
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
4
Fund
".
5
36 Section 8 (paragraph beginning
"The Emergency
6
Response Fund consists of
")
7
Omit "Emergency Response Fund consists of", substitute "Disaster
8
Ready Fund consists of".
9
37 Section 8 (paragraph beginning
"The Emergency
10
Response Fund consists of
")
11
Omit "Emergency Response Fund Special Account", substitute
12
"Disaster Ready Fund Special Account".
13
38 Section 8 (paragraph beginning
"The Emergency
14
Response Fund consists of
")
15
Omit "of the Emergency Response Fund", substitute "of the Disaster
16
Ready Fund".
17
39 Section 8 (paragraph beginning
"The balance")
18
Repeal the paragraph.
19
40 Section 8 (paragraph beginning
"The responsible")
20
Omit "Emergency Response Fund Special Account", substitute
21
"Disaster Ready Fund Special Account".
22
41 Section 8 (paragraph beginning
"Each of")
23
Omit "Emergency Response Fund Special Account", substitute
24
"Disaster Ready Fund Special Account".
25
42 Section 8 (paragraph beginning
"Each of")
26
Omit "Home Affairs Emergency Response Fund Special Account",
27
substitute "Disaster Ready Fund Payments Special Account".
28
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
10
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
43 Section 8 (paragraph beginning
"The Emergency
1
Response Fund Special Account
")
2
Omit "Emergency Response Fund Special Account", substitute
3
"Disaster Ready Fund Special Account".
4
44 Section 8 (paragraph beginning
"The Emergency
5
Response Fund Special Account
")
6
Omit "managing the Emergency Respond Fund", substitute "managing
7
the Disaster Ready Fund".
8
45 Division 2 of Part 2 (heading)
9
Omit "
Emergency Response Fund and the Emergency Response
10
Fund Special Account
", substitute "
Disaster Ready Fund and the
11
Disaster Ready Fund Special Account
".
12
46 Section 9
13
Repeal the section, substitute:
14
9 Disaster Ready Fund
15
(1) The Emergency Response Fund is continued in existence with the
16
new name the Disaster Ready Fund.
17
(2) The Disaster Ready Fund consists of:
18
(a) the Disaster Ready Fund Special Account; and
19
(b) the investments of the Disaster Ready Fund.
20
9A Transitional--investments of the Disaster Ready Fund
21
Scope
22
(1) This section applies to a financial asset if, immediately before the
23
commencement of this section, the asset was an investment of the
24
Emergency Response Fund.
25
Investment of the Disaster Ready Fund
26
(2) Immediately after the commencement of this section, the financial
27
asset is taken to become an investment of the Disaster Ready Fund.
28
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
11
47 Sections 10 and 11
1
Repeal the sections.
2
48 Section 12
3
Repeal the section, substitute:
4
12 Disaster Ready Fund Special Account
5
(1) The Emergency Response Fund Special Account is continued in
6
existence with the new name the Disaster Ready Fund Special
7
Account.
8
(2) The Disaster Ready Fund Special Account is a special account for
9
the purposes of the
Public Governance, Performance and
10
Accountability Act 2013
.
11
Note:
An Appropriation Act may contain a provision to the effect that, if any
12
of the purposes of a special account is a purpose that is covered by an
13
item in the Appropriation Act (whether or not the item expressly
14
refers to the special account), then amounts may be debited against the
15
appropriation for that item and credited to that special account.
16
49 Division 3 of Part 2 (heading)
17
Omit "
Emergency Response Fund Special Account
", substitute
18
"
Disaster Ready Fund Special Account
".
19
50 Section 13
20
Omit "Emergency Response Fund Special Account" (wherever
21
occurring), substitute "Disaster Ready Fund Special Account".
22
51 Division 4 of Part 2 (heading)
23
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
24
Fund
".
25
52 Section 14 (heading)
26
Omit "
Emergency Response Fund Special Account
", substitute
27
"
Disaster Ready Fund Special Account
".
28
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
12
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
53 Section 14
1
Omit "purpose of the Emergency Response Fund Special Account",
2
substitute "purpose of the Disaster Ready Fund Special Account".
3
54 Paragraph 14(a)
4
Omit "Home Affairs Emergency Response Fund Special Account",
5
substitute "Disaster Ready Fund Payments Special Account".
6
55 Section 15 (heading)
7
Omit "
Purposes of the Emergency Response Fund Special
8
Account--purposes related exclusively to the investments etc. of the
9
Emergency Response Fund
", substitute "
Purposes of the Disaster
10
Ready Fund Special Account--purposes related exclusively to the
11
investments etc. of the Disaster Ready Fund
".
12
56 Section 15
13
Omit "Emergency Response Fund Special Account", substitute
14
"Disaster Ready Fund Special Account".
15
57 Paragraphs 15(b), (e), (f) and (g)
16
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
17
58 Section 16 (heading)
18
Omit "
Emergency Response Fund Special Account--purposes not
19
related exclusively to the Emergency Response Fund
", substitute
20
"
Disaster Ready Fund Special Account--purposes not related
21
exclusively to the Disaster Ready Fund
".
22
59 Section 16
23
Omit "Emergency Response Fund Special Account", substitute
24
"Disaster Ready Fund Special Account".
25
60 Subparagraph 16(f)(ii)
26
Omit "Agency; or", substitute "Agency.".
27
61 Subparagraph 16(f)(iii)
28
Repeal the subparagraph.
29
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
13
62 Section 17 (heading)
1
Omit "
Emergency Response Fund Special Account
", substitute
2
"
Disaster Ready Fund Special Account
".
3
63 Section 17
4
Omit "Emergency Response Fund Special Account", substitute
5
"Disaster Ready Fund Special Account".
6
64 Section 17 (note)
7
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
8
65 Section 18 (heading)
9
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
10
Fund
".
11
66 Paragraph 18(1)(a)
12
Omit "Emergency Response Fund Special Account", substitute
13
"Disaster Ready Fund Special Account".
14
67 Section 19 (paragraph beginning
"This Part establishes")
15
Omit "Home Affairs Emergency Response Fund Special Account",
16
substitute "Disaster Ready Fund Payments Special Account".
17
68 Section 19 (paragraph beginning
"Amounts will be
18
transferred from the Emergency Response Fund
19
Special Account to the Home
")
20
Omit "Emergency Response Fund Special Account to the Home Affairs
21
Emergency Response Fund Special Account", substitute "Disaster
22
Ready Fund Special Account to the Disaster Ready Fund Payments
23
Special Account".
24
69 Section 19 (paragraph beginning
"The purposes of")
25
Omit "Home Affairs Emergency Response Fund Special Account",
26
substitute "Disaster Ready Fund Payments Special Account".
27
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
14
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
70 Section 19 (paragraph beginning
"Amounts will be
1
transferred from the Emergency Response Fund
2
Special Account to the COAG
")
3
Omit "the Emergency Response Fund Special Account", substitute "the
4
Disaster Ready Fund Special Account".
5
71 Subsection 26(1)
6
Omit "Home Affairs Department's", substitute "NEMA's".
7
72 Division 3 of Part 3 (heading)
8
Omit "
Home Affairs Emergency Response Fund Special Account
",
9
substitute "
Disaster Ready Fund Payments Special Account
".
10
73 Section 27
11
Repeal the section, substitute:
12
27 Disaster Ready Fund Payments Special Account
13
(1) The Home Affairs Emergency Response Fund Special Account is
14
continued in existence with the new name the Disaster Ready Fund
15
Payments Special Account.
16
(2) The Disaster Ready Fund Payments Special Account is a special
17
account for the purposes of the
Public Governance, Performance
18
and Accountability Act 2013
.
19
Note:
An Appropriation Act may contain a provision to the effect that, if any
20
of the purposes of a special account is a purpose that is covered by an
21
item in the Appropriation Act (whether or not the item expressly
22
refers to the special account), then amounts may be debited against the
23
appropriation for that item and credited to that special account.
24
(3) The accountable authority of the NEMA is responsible for the
25
Disaster Ready Fund Payments Special Account.
26
74 Section 28 (heading)
27
Omit "
Emergency Response Fund Special Account to the Home
28
Affairs Emergency Response Fund Special Account
", substitute
29
"
Disaster Ready Fund Special Account to the Disaster Ready Fund
30
Payments Special Account
".
31
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
15
75 Subsections 28(1) and (4)
1
Omit "Emergency Response Fund Special Account to the Home Affairs
2
Emergency Response Fund Special Account", substitute "Disaster
3
Ready Fund Special Account to the Disaster Ready Fund Payments
4
Special Account".
5
76 Paragraph 28(7)(a)
6
Omit "Emergency Response Fund Special Account to the Home Affairs
7
Emergency Response Fund Special Account", substitute "Disaster
8
Ready Fund Special Account to the Disaster Ready Fund Payments
9
Special Account".
10
77 Paragraph 28(7)(b)
11
Omit "34(1)", substitute "34(6)".
12
78 Paragraph 28(7)(c)
13
Omit "Emergency Response Fund Special Account", substitute
14
"Disaster Ready Fund Special Account".
15
79 Paragraph 28(7)(d)
16
Omit "Home Affairs Emergency Response Fund Special Account",
17
substitute "Disaster Ready Fund Payments Special Account".
18
80 Subsection 28(9)
19
Repeal the subsection, substitute:
20
(9) If the Finance Minister personally gives a direction under
21
subsection (7), the Finance Minister must give a copy of the
22
direction to the Treasurer and the Emergency Management
23
Minister.
24
(10) If a delegate of the Finance Minister gives a direction under
25
subsection (7), the delegate must give a copy of the direction to the
26
Treasury Department and the NEMA.
27
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
16
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
81 Section 28A (heading)
1
Omit "
Emergency Response Fund Special Account to the Home
2
Affairs Emergency Response Fund Special Account
", substitute
3
"
Disaster Ready Fund Special Account to the Disaster Ready Fund
4
Payments Special Account
".
5
82 Subsections 28A(1) and (4)
6
Omit "Emergency Response Fund Special Account to the Home Affairs
7
Emergency Response Fund Special Account", substitute "Disaster
8
Ready Fund Special Account to the Disaster Ready Fund Payments
9
Special Account".
10
83 Paragraph 28A(7)(a)
11
Omit "Emergency Response Fund Special Account to the Home Affairs
12
Emergency Response Fund Special Account", substitute "Disaster
13
Ready Fund Special Account to the Disaster Ready Fund Payments
14
Special Account".
15
84 Paragraph 28A(7)(b)
16
Omit "34(2)", substitute "34(1) or (7)".
17
85 Paragraph 28A(7)(c)
18
Omit "Emergency Response Fund Special Account", substitute
19
"Disaster Ready Fund Special Account".
20
86 Paragraph 28A(7)(d)
21
Omit "Home Affairs Emergency Response Fund Special Account",
22
substitute "Disaster Ready Fund Payments Special Account".
23
87 Subsection 28A(9)
24
Repeal the subsection, substitute:
25
(9) If the Finance Minister personally gives a direction under
26
subsection (7), the Finance Minister must give a copy of the
27
direction to the Treasurer and the Emergency Management
28
Minister.
29
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
17
(10) If a delegate of the Finance Minister gives a direction under
1
subsection (7), the delegate must give a copy of the direction to the
2
Treasury Department and the NEMA.
3
88 Section 29 (heading)
4
Omit "
Home Affairs Emergency Response Fund Special Account
",
5
substitute "
Disaster Ready Fund Payments Special Account
".
6
89 Section 29
7
Omit "Home Affairs Emergency Response Fund Special Account",
8
substitute "Disaster Ready Fund Payments Special Account".
9
90 Section 30 (heading)
10
Omit "
Home Affairs Emergency Response Fund Special Account
",
11
substitute "
Disaster Ready Fund Payments Special Account
".
12
91 Section 30
13
Omit "Home Affairs Emergency Response Fund Special Account",
14
substitute "Disaster Ready Fund Payments Special Account".
15
92 Section 31 (heading)
16
Omit "
Home Affairs Emergency Response Fund Special Account
17
must be transferred to the Emergency Response Fund Special
18
Account
", substitute "
Disaster Ready Fund Payments Special
19
Account must be transferred to the Disaster Ready Fund Special
20
Account
".
21
93 Paragraph 31(1)(a)
22
Omit "Home Affairs Emergency Response Fund Special Account",
23
substitute "Disaster Ready Fund Payments Special Account".
24
94 Subparagraph 31(2)(a)(i)
25
Omit "Home Affairs Emergency Response Fund Special Account",
26
substitute "Disaster Ready Fund Payments Special Account".
27
95 Subparagraph 31(2)(a)(ii)
28
Omit "Emergency Response Fund Special Account", substitute
29
"Disaster Ready Fund Special Account".
30
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No. , 2022
96 Subsection 31(4)
1
Repeal the subsection, substitute:
2
(4) If the Emergency Management Minister personally gives a
3
direction under subsection (2), the Emergency Management
4
Minister must give a copy of the direction to the Treasurer and the
5
Finance Minister.
6
(5) If a delegate of the Emergency Management Minister gives a
7
direction under subsection (2), the delegate must give a copy of the
8
direction to the Treasury Department and the Finance Department.
9
97 Subsection 32(1)
10
Repeal the subsection, substitute:
11
(1A) If the Emergency Management Minister decides that a grant of
12
financial assistance should be made to a State or Territory under
13
subsection 20(1), the Emergency Management Minister may
14
request the Finance Minister to transfer a specified amount (which
15
must equal the amount of the grant) from the Disaster Ready Fund
16
Special Account to the COAG Reform Fund.
17
(1) If the Emergency Management Minister requests the Finance
18
Minister under subsection (1A) to transfer an amount from the
19
Disaster Ready Fund Special Account to the COAG Reform Fund,
20
the Finance Minister must, by writing, direct that, on a specified
21
day, a specified amount (which must equal the requested amount)
22
is to be:
23
(a) debited from the Disaster Ready Fund Special Account; and
24
(b) credited to the COAG Reform Fund.
25
98 Subsection 32(3)
26
Omit "give a direction under subsection (1) if doing so", substitute
27
"make a request under subsection (1A) if a direction given in response
28
to the request".
29
99 Subsection 32(3)
30
Omit "34(1)", substitute "34(6)".
31
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Schedule 1
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Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
19
100 Subsection 32(6)
1
Repeal the subsection, substitute:
2
(6) If the Finance Minister personally gives a direction under
3
subsection (1), the Finance Minister must give a copy of the
4
direction to the Treasurer and the Emergency Management
5
Minister.
6
(7) If a delegate of the Finance Minister gives a direction under
7
subsection (1), the delegate must give a copy of the direction to the
8
Treasury Department and the NEMA.
9
101 Subsection 32A(1)
10
Repeal the subsection, substitute:
11
(1A) If the Emergency Management Minister decides that a grant of
12
financial assistance should be made to a State or Territory under
13
subsection 20(1A), the Emergency Management Minister may
14
request the Finance Minister to transfer a specified amount (which
15
must equal the amount of the grant) from the Disaster Ready Fund
16
Special Account to the COAG Reform Fund.
17
(1) If the Emergency Management Minister requests the Finance
18
Minister under subsection (1A) to transfer an amount from the
19
Disaster Ready Fund Special Account to the COAG Reform Fund,
20
the Finance Minister must, by writing, direct that, on a specified
21
day, a specified amount (which must equal the requested amount)
22
is to be:
23
(a) debited from the Disaster Ready Fund Special Account; and
24
(b) credited to the COAG Reform Fund.
25
102 Subsection 32A(3)
26
Omit "give a direction under subsection (1) if doing so", substitute
27
"make a request under subsection (1A) if a direction given in response
28
to the request".
29
103 Subsection 32A(3)
30
Omit "34(2)", substitute "34(1) or (7)".
31
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Part 1
General amendments
20
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
104 Subsection 32A(6)
1
Repeal the subsection, substitute:
2
(6) If the Finance Minister personally gives a direction under
3
subsection (1), the Finance Minister must give a copy of the
4
direction to the Treasurer and the Emergency Management
5
Minister.
6
(7) If a delegate of the Finance Minister gives a direction under
7
subsection (1), the delegate must give a copy of the direction to the
8
Treasury Department and the NEMA.
9
105 Division 5 of Part 3
10
Repeal the Division, substitute:
11
Division 5--Limitation on total annual debits from the
12
Disaster Ready Fund Special Account
13
34 Limitation on total annual debits from the Disaster Ready Fund
14
Special Account
15
(1) The total amount debited from the Disaster Ready Fund Special
16
Account under sections 28A and 32A during:
17
(a) the financial year beginning on 1 July 2023; or
18
(b) a later financial year;
19
must not exceed:
20
(c) $200 million; or
21
(d) if another amount is applicable to the financial year in
22
accordance with subsection (2) or (3)--that other amount.
23
(2) For the purposes of paragraph (1)(d), the responsible Ministers
24
may, by legislative instrument, determine the amount applicable to:
25
(a) a specified financial year; and
26
(b) each subsequent financial year.
27
(3) For the purposes of paragraph (1)(d), the responsible Ministers
28
may, by legislative instrument, determine:
29
(a) one or more financial years; and
30
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
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Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
21
(b) for each of those financial years--the amount applicable to
1
the financial year concerned.
2
(4) A determination under subsection (2) does not apply to a financial
3
year that is covered by a determination under subsection (3).
4
(5) In making a determination under subsection (2) or (3), the
5
responsible Ministers must have regard to:
6
(a) the advice given by the Future Fund Board under section 34A
7
in relation to the impact of the making of the determination
8
on the ability of the Future Fund Board to comply with this
9
Act and the Disaster Ready Fund Investment Mandate; and
10
(b) such other matters (if any) as the responsible Ministers
11
consider relevant.
12
Financial year beginning on 1 July 2022
13
(6) The total amount debited from the Disaster Ready Fund Special
14
Account under sections 28 and 32 during the financial year
15
beginning on 1 July 2022 must not exceed $150 million.
16
(7) The total amount debited from the Disaster Ready Fund Special
17
Account under sections 28A and 32A during the financial year
18
beginning on 1 July 2022 must not exceed $50 million.
19
Review
20
(8) At least once every 5 years, the responsible Ministers must conduct
21
a review of the operation of paragraphs (1)(c) and (d).
22
34A Determinations--advice given by the Future Fund Board
23
(1) Before making a determination under subsection 34(2) or (3), the
24
responsible Ministers must give the Future Fund Board a written
25
notice that:
26
(a) sets out a draft of the determination; and
27
(b) requires the Future Fund Board to:
28
(i) give advice to those Ministers about the impact of the
29
making of the determination on the ability of the Future
30
Fund Board to comply with this Act and the Disaster
31
Ready Fund Investment Mandate; and
32
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22
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
(ii) do so within the period specified in the notice; and
1
(c) requires the Future Fund Board, in giving that advice, to have
2
regard to:
3
(i) the Disaster Ready Fund Investment Mandate; and
4
(ii) such other matters (if any) as are specified in the notice.
5
(2) The Future Fund Board must comply with a requirement in a
6
notice under subsection (1).
7
(3) A period specified under subparagraph (1)(b)(ii) must not be
8
shorter than 60 days after the notice is given.
9
(4) A matter specified under subparagraph (1)(c)(ii) must not be
10
inconsistent with:
11
(a) this Act; or
12
(b) the Disaster Ready Fund Investment Mandate.
13
(5) Paragraph (1)(c) does not, by implication, limit the matters to
14
which the Future Fund Board may have regard.
15
106 Part 4 (heading)
16
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
17
Fund
".
18
107 Section 35
(paragraph beginning "The Future Fund
19
Board is responsible")
20
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
21
108 Section 3
5 (paragraph beginning "Investments of")
22
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
23
109 Section 3
5 (paragraph beginning "The Future Fund
24
Board is bound")
25
Omit "Emergency Response Fund Investment Mandate", substitute
26
"Disaster Ready Fund Investment Mandate".
27
110 Section 36 (heading)
28
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
29
Fund
".
30
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
23
111 Subsection 36(1)
1
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
2
112 Subsection 36(2)
3
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
4
113 Section 37 (heading)
5
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
6
Fund
".
7
114 Subsection 37(1)
8
Omit "Emergency Response Fund Special Account", substitute
9
"Disaster Ready Fund Special Account".
10
115 Subsection 37(3)
11
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
12
116 Section 38 (heading)
13
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
14
Fund
".
15
117 Subsection 38(1)
16
Omit "Emergency Response Fund is to be credited to the Emergency
17
Response Fund Special Account", substitute "Disaster Ready Fund is to
18
be credited to the Disaster Ready Fund Special Account".
19
118 Subsection 38(2)
20
Omit "Emergency Response Fund is to be credited to the Emergency
21
Response Fund Special Account", substitute "Disaster Ready Fund is to
22
be credited to the Disaster Ready Fund Special Account".
23
119 Subsection 38(3)
24
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
25
120 Subsection 38(4)
26
Omit "Emergency Response Fund" (first occurring), substitute
27
"Disaster Ready Fund".
28
Schedule 1
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Part 1
General amendments
24
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
121 Subsection 38(4)
1
Omit "Emergency Response Fund Special Account", substitute
2
"Disaster Ready Fund Special Account".
3
122 Subsection 38(5)
4
Omit "Emergency Response Fund" (wherever occurring), substitute
5
"Disaster Ready Fund".
6
123 Subsection 38(6)
7
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
8
124 Section 39 (heading)
9
Omit "
Emergency Response Fund Investment Mandate
", substitute
10
"
Disaster Ready Fund Investment Mandate
".
11
125 Subsection 39(1)
12
Omit "Emergency Response Fund investment functions", substitute
13
"Disaster Ready Fund investment functions".
14
126 Subsection 39(1) (note 1)
15
Omit "
Emergency Response Fund investment function
", substitute
16
"
Disaster Ready Fund investment function
".
17
127 Paragraph 39(2)(a)
18
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
19
128 Subsection 39(3)
20
Omit "
Emergency Response Fund Investment Mandate
", substitute
21
"
Disaster Ready Fund Investment Mandate
".
22
129 Section 40
23
Omit "Emergency Response Fund investment function", substitute
24
"Disaster Ready Fund investment function".
25
130 Section 40
26
Omit "Emergency Response Fund over", substitute "Disaster Ready
27
Fund over".
28
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
General amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
25
131 Section 41 (heading)
1
Omit "
Emergency Response Fund Investment Mandate
", substitute
2
"
Disaster Ready Fund Investment Mandate
".
3
132 Paragraph 41(1)(a)
4
Omit "Emergency Response Fund Special Account", substitute
5
"Disaster Ready Fund Special Account".
6
133 Section 42 (heading)
7
Omit "
Emergency Response Fund Investment Mandate
", substitute
8
"
Disaster Ready Fund Investment Mandate
".
9
134 Section 43 (heading)
10
Omit "
Emergency Response Fund Investment Mandate
", substitute
11
"
Disaster Ready Fund Investment Mandate
".
12
135 Section 43
13
Omit "Emergency Response Fund Investment Mandate" (wherever
14
occurring), substitute "Disaster Ready Fund Investment Mandate".
15
136 Subsection 44(1)
16
Omit "Emergency Response Fund investment functions", substitute
17
"Disaster Ready Fund investment functions".
18
137 Section 45
19
Omit "Emergency Response Fund" (wherever occurring), substitute
20
"Disaster Ready Fund".
21
138 Section 46 (heading)
22
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
23
Fund
".
24
139 Subsection 46(1)
25
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
26
140 Subsections 46(2) and (6)
27
Omit "Emergency Response Fund Investment Mandate", substitute
28
"Disaster Ready Fund Investment Mandate".
29
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 1
General amendments
26
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
141 Section 47
1
Omit "Emergency Response Fund" (wherever occurring), substitute
2
"Disaster Ready Fund".
3
142 Section 48
4
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
5
143 Subsection 49(1)
6
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
7
144 Subsection 49(2)
8
Omit "Emergency Response Fund Special Account", substitute
9
"Disaster Ready Fund Special Account".
10
145 Subsections 49(3) and (4)
11
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
12
146 Section 50
13
Omit "Emergency Response Fund" (wherever occurring), substitute
14
"Disaster Ready Fund".
15
147 Section 51
16
Omit "Emergency Response Fund Special Account", substitute
17
"Disaster Ready Fund Special Account".
18
148 Paragraph 51(b)
19
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
20
149 Section 52
21
Omit "Emergency Response Fund" (wherever occurring), substitute
22
"Disaster Ready Fund".
23
150 Subsection 59(1)
24
Omit "or 28A", substitute ", 28A, 32 or 32A".
25
151 Paragraph 61(1)(a)
26
Repeal the paragraph, substitute:
27
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Schedule 1
General amendments
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No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
27
(a) the accountable authority of the NEMA; or
1
152 Paragraph 61(1)(b)
2
Omit "of the Home Affairs Department", substitute "in the NEMA".
3
153 Paragraph 61(3)(a)
4
Repeal the paragraph, substitute:
5
(a) the accountable authority of the NEMA; or
6
154 Paragraph 61(3)(b)
7
Omit "in the Home Affairs Department", substitute "in the NEMA".
8
155 Section 62
9
Repeal the section.
10
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 2
Consequential amendments
28
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
Part 2--Consequential amendments
1
Aboriginal and Torres Strait Islander Land and Sea Future
2
Fund Act 2018
3
156 Subparagraph 16(a)(ia)
4
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
5
Ready Fund Act 2019
".
6
157 Subparagraph 16(b)(ia)
7
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
8
Ready Fund Act 2019
".
9
158 Subparagraph 16(c)(ia)
10
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
11
Ready Fund Act 2019
".
12
COAG Reform Fund Act 2008
13
159 Subsection 5(2) (note 2AC)
14
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
15
160 Subsection 5(2) (note 2AC)
16
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
17
Ready Fund Act 2019
".
18
161 Paragraph 7(1)(bac)
19
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
20
Ready Fund Act 2019
".
21
162 Subsection 7(3) (note 1AC)
22
Omit "Emergency Response Fund established by", substitute "Disaster
23
Ready Fund referred to in".
24
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
Consequential amendments
Part 2
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
29
163 Subsection 7(3) (note 1AC)
1
Omit "
Emergency Response Fund Act 2019
" (wherever occurring),
2
substitute "
Disaster Ready Fund Act 2019
".
3
DisabilityCare Australia Fund Act 2013
4
164 Subparagraph 16(a)(ia)
5
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
6
Ready Fund Act 2019
".
7
165 Subparagraph 16(b)(ia)
8
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
9
Ready Fund Act 2019
".
10
166 Subparagraph 16(c)(ia)
11
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
12
Ready Fund Act 2019
".
13
Future Drought Fund Act 2019
14
167 Subparagraph 17(a)(iia)
15
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
16
Ready Fund Act 2019
".
17
168 Subparagraph 17(b)(iia)
18
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
19
Ready Fund Act 2019
".
20
169 Subparagraph 17(c)(iia)
21
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
22
Ready Fund Act 2019
".
23
Future Fund Act 2006
24
170 Section 4 (note)
25
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
26
Ready Fund Act 2019
".
27
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 2
Consequential amendments
30
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
171 Section 5
1
Insert:
2
Disaster Ready Fund
means the Disaster Ready Fund referred to
3
in section 9 of the
Disaster Ready Fund Act 2019
.
4
Disaster Ready Fund Special Account
means the Disaster Ready
5
Fund Special Account referred to in section 12 of the
Disaster
6
Ready Fund Act 2019
.
7
172 Section 5 (definition of Emergency Management Minister)
8
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
9
Ready Fund Act 2019
".
10
173 Section 5
11
Repeal the following definitions:
12
(a) definition of
Emergency Response Fund
;
13
(b) definition of
Emergency Response Fund Special Account
.
14
174 Section 13 (note 2A)
15
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
16
175 Paragraph 28(5)(bab)
17
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
18
Ready Fund Act 2019
".
19
176 Paragraph 28(5)(ga)
20
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
21
Ready Fund Act 2019
".
22
177 Section 33 (note)
23
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
24
Ready Fund Act 2019
".
25
178 Subparagraph 35(b)(iiia)
26
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
27
Ready Fund Act 2019
".
28
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
Consequential amendments
Part 2
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
31
179 Paragraph 55(3)(ba)
1
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
2
Ready Fund Act 2019
".
3
180 Paragraph 63(1)(ca)
4
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
5
Ready Fund Act 2019
".
6
181 Paragraph 63(2)(aba)
7
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
8
Ready Fund Act 2019
".
9
182 Subsection 81(1DA) (heading)
10
Repeal the heading, substitute:
11
Disaster Ready Fund
12
183 Paragraph 81(1DA)(a)
13
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
14
184 Paragraph 81(1DA)(b)
15
Omit "Emergency Response Fund Special Account", substitute
16
"Disaster Ready Fund Special Account".
17
185 Paragraph 81(1DA)(b)
18
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
19
Ready Fund Act 2019
".
20
186 Paragraph 81(1DA)(c)
21
Omit "Emergency Response Fund Special Account", substitute
22
"Disaster Ready Fund Special Account".
23
187 Paragraph 81(1DA)(c)
24
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
25
Ready Fund Act 2019
".
26
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 2
Consequential amendments
32
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
188 Paragraph 81(1DA)(d)
1
Omit "Emergency Response Fund Special Account", substitute
2
"Disaster Ready Fund Special Account".
3
189 Paragraph 81(1DA)(d)
4
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
5
Ready Fund Act 2019
".
6
190 Paragraph 81(1DA)(e)
7
Omit "Emergency Response Fund Special Account", substitute
8
"Disaster Ready Fund Special Account".
9
191 Paragraph 81(1DA)(e)
10
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
11
Ready Fund Act 2019
".
12
192 Paragraph 83B(1)(daa)
13
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
14
Ready Fund Act 2019
".
15
193 Subparagraph 84(1)(b)(iiaa)
16
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
17
Ready Fund Act 2019
".
18
194 Subparagraph 84(1)(b)(viia)
19
Omit "Emergency Response Fund Special Account", substitute
20
"Disaster Ready Fund Special Account".
21
195 Subsection 84(4AA) (heading)
22
Omit "
Emergency Response Fund Special Account
", substitute
23
"
Disaster Ready Fund Special Account
".
24
196 Paragraph 84(4AA)(b)
25
Omit "Emergency Response Fund Special Account", substitute
26
"Disaster Ready Fund Special Account".
27
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
Consequential amendments
Part 2
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
33
197 Subparagraph 2(2)(a)(via) of Schedule 2
1
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
2
Ready Fund Act 2019
".
3
198 Subparagraph 2(2)(b)(via) of Schedule 2
4
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
5
Ready Fund Act 2019
".
6
199 Subparagraph 2(2)(c)(via) of Schedule 2
7
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
8
Ready Fund Act 2019
".
9
200 Clause 1 of Schedule 2A
10
Omit "Emergency Response Fund", substitute "Disaster Ready Fund".
11
201 Clause 5A of Schedule 2A (heading)
12
Omit "
Emergency Response Fund
", substitute "
Disaster Ready
13
Fund
".
14
202 Subclause 5A(1) of Schedule 2A
15
Omit "Emergency Response Fund Special Account" (first occurring),
16
substitute "Disaster Ready Fund Special Account".
17
203 Subclause 5A(1) of Schedule 2A
18
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
19
Ready Fund Act 2019
".
20
204 Paragraph 5A(1)(b) of Schedule 2A
21
Omit "Emergency Response Fund Special Account", substitute
22
"Disaster Ready Fund Special Account".
23
205 Subclause 5A(2) of Schedule 2A
24
Omit "Emergency Response Fund Special Account", substitute
25
"Disaster Ready Fund Special Account".
26
Schedule 1
Amendments commencing on a day to be fixed by Proclamation
Part 2
Consequential amendments
34
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
Medical Research Future Fund Act 2015
1
206 Subparagraph 19(a)(ib)
2
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
3
Ready Fund Act 2019
".
4
207 Subparagraph 19(b)(ib)
5
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
6
Ready Fund Act 2019
".
7
208 Subparagraph 19(c)(ib)
8
Omit "
Emergency Response Fund Act 2019
", substitute "
Disaster
9
Ready Fund Act 2019
".
10
Amendments commencing on a day to be fixed by Proclamation
Schedule 1
Transitional and application provisions
Part 3
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
35
Part 3--Transitional and application provisions
1
209 Application
--copies of directions
2
The amendments made by items 80F, 86, 95, 96B and 99 apply in
3
relation to a direction given after the commencement of this item.
4
210 Transitional
--annual report
5
(1)
This item applies if:
6
(a) a part of a period mentioned in subsection 81(1) of the
7
Future Fund Act 2006
occurred before the commencement of
8
this item; and
9
(b) the remainder of the period occurred after the
10
commencement of this item.
11
(2)
A report under subsection 81(1) of the
Future Fund Act 2006
for the
12
period must include a report of the following during so much of the
13
period as occurred before the commencement of this item:
14
(a) the performance of the investments of the Emergency
15
Response Fund;
16
(b) the total amount debited from the Emergency Response Fund
17
Special Account for the purpose mentioned in
18
paragraph 15(d) of the
Emergency Response Fund Act 2019
;
19
(c) the total amount debited from the Emergency Response Fund
20
Special Account for the purpose mentioned in
21
paragraph 16(d) of the
Emergency Response Fund Act 2019
;
22
(d) the total amount debited from the Emergency Response Fund
23
Special Account for the purpose mentioned in
24
paragraph 16(e) of the
Emergency Response Fund Act 2019
;
25
(e) the total amount debited from the Emergency Response Fund
26
Special Account for the purpose mentioned in
27
paragraph 16(f) of the
Emergency Response Fund Act 2019
.
28
Schedule 2
Amendments commencing on 1 July 2023
Part 1
Amendments
36
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
Schedule 2--Amendments commencing on
1
1 July 2023
2
Part 1--Amendments
3
Emergency Response Fund Act 2019
4
1 Paragraph 14(a)
5
Omit "28 or".
6
2 Paragraph 14(b)
7
Omit "32 or".
8
3 Subsection 20(1)
9
Repeal the subsection.
10
4 Subsections 20(2), (3) and (4)
11
Omit "(1) or".
12
5 Subsection 20(5)
13
Omit "Subsections (1) and (1A) do", substitute "Subsection (1A) does".
14
6 Subsections 20(6) and (7)
15
Repeal the subsections.
16
7 Section 28
17
Repeal the section.
18
8 Paragraph 28A(7)(b)
19
Omit "or (6)".
20
9 Section 32
21
Repeal the section.
22
10 Subsection 32A(3)
23
Omit "or (6)".
24
Amendments commencing on 1 July 2023
Schedule 2
Amendments
Part 1
No. , 2022
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
37
11 Section 33
1
Omit "32(1)(b) or".
2
12 Subsections 34(6) and (7)
3
Repeal the subsections.
4
13 Subsection 36(1)
5
Omit "28,".
6
14 Subsection 36(1)
7
Omit ", 32".
8
15 Subsection 59(1)
9
Omit "28,".
10
16 Subsection 59(1)
11
Omit ", 32".
12
17 Subsection 61(3)
13
Omit "28,".
14
18 Subsection 61(3)
15
Omit ", 32".
16
Schedule 2
Amendments commencing on 1 July 2023
Part 2
Transitional provisions
38
Emergency Response Fund Amendment (Disaster Ready Fund) Bill
2022
No. , 2022
Part 2--Transitional provisions
1
19 Transitional
--pre-commencement arrangements and
2
grants
3
(1)
If an arrangement made under subsection 20(1) of the
Emergency
4
Response Fund Act 2019
was in force immediately before the
5
commencement of this item:
6
(a) the repeal of that subsection by this Schedule does not affect
7
the continuity of the arrangement; and
8
(b) sections 22 and 23 of the
Disaster Ready Fund Act 2019
9
continue to apply, after the commencement of this item, in
10
relation to the arrangement.
11
(2)
If a grant was made under subsection 20(1) of the
Emergency Response
12
Fund Act 2019
before the commencement of this item:
13
(a) the repeal of that subsection by this Schedule does not affect
14
the continuity of an agreement made under subsection 21(2)
15
of that Act in relation to the grant; and
16
(b) sections 21, 22 and 23 of the
Disaster Ready Fund Act 2019
17
continue to apply, after the commencement of this item, in
18
relation to the grant.
19