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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Future Drought Fund (Consequential
Amendments) Bill 2019
No. , 2019
(Finance)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Future Drought
Fund Act 2019, and for other purposes
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--General amendments
3
Aboriginal and Torres Strait Islander Land and Sea Future Fund Act
2018
3
COAG Reform Fund Act 2008
3
DisabilityCare Australia Fund Act 2013
4
Future Fund Act 2006
4
Medical Research Future Fund Act 2015
8
Nation-building Funds Act 2008
8
Regional Investment Corporation Act 2018
9
Schedule 2--Abolition of the Building Australia Fund
10
Part 1--Amendments
10
Aboriginal and Torres Strait Islander Land and Sea Future Fund Act
2018
10
COAG Reform Fund Act 2008
10
DisabilityCare Australia Fund Act 2013
11
Future Fund Act 2006
11
Medical Research Future Fund Act 2015
12
Nation-building Funds Act 2008
13
Part 2--Transitional provisions
16
Schedule 3--Technical corrections
17
DisabilityCare Australia Fund Act 2013
17
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Future Drought
2
Fund Act 2019, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Future Drought Fund (Consequential Amendments)
6
Act 2019.
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
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
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. Schedules 1
and 2
At the same time as the Future Drought
Fund Act 2019 commences.
However, the provisions do not commence
at all if that Act does not commence.
3. Schedule 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
General amendments Schedule 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
3
Schedule 1--General amendments
1
2
Aboriginal and Torres Strait Islander Land and Sea Future
3
Fund Act 2018
4
1 At the end of paragraph 16(a)
5
Add:
6
or (vi) paragraph 16(e) of the Future Drought Fund Act 2019;
7
2 At the end of paragraph 16(b)
8
Add:
9
or (vi) paragraph 16(f) of the Future Drought Fund Act 2019;
10
3 At the end of paragraph 16(c)
11
Add:
12
or (vi) a paragraph of section 16 of the Future Drought Fund
13
Act 2019;
14
COAG Reform Fund Act 2008
15
4 Subsection 5(2) (after note 2AA)
16
Insert:
17
Note 2AB: An amount originating in the Future Drought Fund may be transferred
18
to the COAG Reform Fund--see the Future Drought Fund Act 2019.
19
5 After paragraph 7(1)(baa)
20
Insert:
21
(bab) the grant is not covered by section 36AB of the Future
22
Drought Fund Act 2019; and
23
6 Subsection 7(3) (after note 1AA)
24
Insert:
25
Note 1AB: The provision referred to in paragraph (1)(bab) deals with the
26
channelling, through the COAG Reform Fund, of State/Territory
27
grants payments from the Future Drought Fund established by the
28
Future Drought Fund Act 2019. For terms and conditions of those
29
grants, see the Future Drought Fund Act 2019.
30
Schedule 1 General amendments
4
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
DisabilityCare Australia Fund Act 2013
1
7 After subparagraph 16(a)(ii)
2
Insert:
3
(iia) paragraph 16(e) of the Future Drought Fund Act 2019;
4
or
5
8 After subparagraph 16(b)(ii)
6
Insert:
7
(iia) paragraph 16(f) of the Future Drought Fund Act 2019;
8
or
9
9 After subparagraph 16(c)(ii)
10
Insert:
11
(iia) a paragraph of section 16 of the Future Drought Fund
12
Act 2019; or
13
Future Fund Act 2006
14
10 Section 4 (note)
15
After "functions under", insert "the Future Drought Fund Act 2019,".
16
11 Section 5
17
Insert:
18
Drought Minister has the same meaning as in the Future Drought
19
Fund Act 2019.
20
Future Drought Fund means the Future Drought Fund established
21
by section 10 of the Future Drought Fund Act 2019.
22
Future Drought Fund Special Account means the Future Drought
23
Fund Special Account established by section 13 of the Future
24
Drought Fund Act 2019.
25
12 Section 13 (note 2A)
26
After "Fund to", insert "the Future Drought Fund,".
27
General amendments Schedule 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
5
13 After paragraph 28(5)(a)
1
Insert:
2
(aa) the Future Drought Fund Act 2019;
3
14 After paragraph 28(5)(c)
4
Insert:
5
(ca) subsection 52(1) of the Future Drought Fund Act 2019;
6
15 Section 33 (note)
7
After "functions under", insert "the Future Drought Fund Act 2019,".
8
16 After subparagraph 35(b)(i)
9
Insert:
10
(ia) the Future Drought Fund Act 2019; or
11
17 Before paragraph 55(3)(a)
12
Insert:
13
(aa) the Future Drought Fund Act 2019; and
14
18 After paragraph 63(1)(a)
15
Insert:
16
(aa) the Future Drought Fund Act 2019; or
17
19 After paragraph 63(2)(a)
18
Insert:
19
(aaa) the Future Drought Fund Act 2019; or
20
20 After subsection 81(1)
21
Insert:
22
Future Drought Fund
23
(1AA) A report under subsection (1) for a period must include a report of
24
the following during the period:
25
(a) the performance of the investments of the Future Drought
26
Fund;
27
Schedule 1 General amendments
6
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
(b) the total amount debited from the Future Drought Fund
1
Special Account for the purpose mentioned in
2
paragraph 16(d) of the Future Drought Fund Act 2019;
3
(c) the total amount debited from the Future Drought Fund
4
Special Account for the purpose mentioned in
5
paragraph 17(d) of the Future Drought Fund Act 2019;
6
(d) the total amount debited from the Future Drought Fund
7
Special Account for the purpose mentioned in
8
paragraph 17(e) of the Future Drought Fund Act 2019;
9
(e) the total amount debited from the Future Drought Fund
10
Special Account for the purpose mentioned in
11
paragraph 17(f) of the Future Drought Fund Act 2019.
12
21 After subsection 81(2)
13
Insert:
14
(2AA) A report under this section must include a benchmark in relation to
15
the amounts referred to in paragraphs (1AA)(b) to (e).
16
22 Before paragraph 81(4)(b)
17
Insert:
18
(aa) the Drought Minister;
19
23 After paragraph 83B(1)(a)
20
Insert:
21
(aa) subsection 52(1) of the Future Drought Fund Act 2019; or
22
24 After subparagraph 84(1)(b)(i)
23
Insert:
24
(ia) a provision of the Future Drought Fund Act 2019;
25
25 After subparagraph 84(1)(b)(iii)
26
Insert:
27
(iiia) the Future Drought Fund Special Account; or
28
26 After subsection 84(1)
29
Insert:
30
General amendments Schedule 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
7
Transfer of amounts to the Future Drought Fund Special Account
1
(1A) If an amount is credited to the Fund Account under subsection (1),
2
the nominated Minister may, by writing, direct that a specified
3
amount is to be:
4
(a) debited from the Fund Account; and
5
(b) credited to the Future Drought Fund Special Account;
6
on a specified day.
7
27 Paragraph 84(5)(b)
8
After "subsections", insert "(1A),".
9
28 Subsection 84(6)
10
After "subsection", insert "(1A),".
11
29 After subparagraph 2(2)(a)(i) of Schedule 2
12
Insert:
13
(ia) paragraph 16(e) of the Future Drought Fund Act 2019;
14
or
15
30 After subparagraph 2(2)(b)(i) of Schedule 2
16
Insert:
17
(ia) paragraph 16(f) of the Future Drought Fund Act 2019;
18
or
19
31 After subparagraph 2(2)(c)(i) of Schedule 2
20
Insert:
21
(ia) a paragraph of section 16 of the Future Drought Fund
22
Act 2019; or
23
32 Clause 1 of Schedule 2A
24
After "Fund to", insert "the Future Drought Fund,".
25
33 After clause 1 of Schedule 2A
26
Insert:
27
Schedule 1 General amendments
8
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
1A Transfers from the Future Fund to the Future Drought Fund
1
(1) If an amount is debited from the Future Drought Fund Special
2
Account for a purpose mentioned in section 17 of the Future
3
Drought Fund Act 2019, the nominated Minister may, by writing,
4
direct that a specified amount is to be:
5
(a) debited from the Fund Account; and
6
(b) credited to the Future Drought Fund Special Account;
7
on a specified day.
8
(2) The specified amount must not exceed the amount debited from the
9
Future Drought Fund Special Account as mentioned in
10
subclause (1).
11
(3) A direction under subclause (1) is not a legislative instrument.
12
Medical Research Future Fund Act 2015
13
34 At the end of paragraph 19(a)
14
Add:
15
or (v) paragraph 16(e) of the Future Drought Fund Act 2019;
16
35 At the end of paragraph 19(b)
17
Add:
18
or (v) paragraph 16(f) of the Future Drought Fund Act 2019;
19
36 At the end of paragraph 19(c)
20
Add:
21
or (v) a paragraph of section 16 of the Future Drought Fund
22
Act 2019;
23
Nation-building Funds Act 2008
24
37 After subparagraph 138(a)(v)
25
Insert:
26
(va) paragraph 16(e) of the Future Drought Fund Act 2019;
27
or
28
General amendments Schedule 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
9
38 After subparagraph 138(b)(v)
1
Insert:
2
(va) paragraph 16(f) of the Future Drought Fund Act 2019;
3
or
4
39 After subparagraph 138(c)(v)
5
Insert:
6
(va) a paragraph of section 16 of the Future Drought Fund
7
Act 2019; or
8
Regional Investment Corporation Act 2018
9
40 Section 4
10
Insert:
11
drought resilience has the same meaning as in the Future Drought
12
Fund Act 2019.
13
41 Paragraph 15(1)(e)
14
Omit "or the rules", substitute ", the rules or the Future Drought Fund
15
Act 2019".
16
42 Subparagraph 17(2)(a)(viii)
17
Omit "or".
18
43 At the end of paragraph 17(2)(a)
19
Add:
20
(ix) drought resilience; or
21
44 Subsection 26(2) (note)
22
Omit "Note", substitute "Note 1".
23
45 At the end of subsection 26(2)
24
Add:
25
Note 2:
The appointment of a Board member may also be terminated under
26
section 30 of the Future Drought Fund Act 2019 (which deals with
27
terminating the appointment of a Board member for failing to comply
28
with disclosure of interest obligations).
29
Schedule 2 Abolition of the Building Australia Fund
Part 1 Amendments
10
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
Schedule 2--Abolition of the Building
1
Australia Fund
2
Part 1--Amendments
3
Aboriginal and Torres Strait Islander Land and Sea Future
4
Fund Act 2018
5
1 Subparagraph 16(a)(iv)
6
Omit "18(1)(j),".
7
2 Subparagraph 16(b)(iv)
8
Omit "18(1)(k),".
9
3 Subparagraph 16(c)(iv)
10
Omit "18(1) or".
11
COAG Reform Fund Act 2008
12
4 Subsection 5(2) (note 2)
13
Repeal the note.
14
5 Paragraph 7(1)(b)
15
Repeal the paragraph, substitute:
16
(b) the grant is not covered by subsection 197(2) of the
17
Nation-building Funds Act 2008; and
18
6 Subsection 7(3) (note 1)
19
Omit "The provisions referred to in paragraph (1)(b) deal with",
20
substitute "The provision referred to in paragraph (1)(b) deals with".
21
7 Subsection 7(3) (note 1)
22
Omit "the Building Australia Fund or".
23
Abolition of the Building Australia Fund Schedule 2
Amendments Part 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
11
DisabilityCare Australia Fund Act 2013
1
8 Subparagraph 16(a)(iii)
2
Omit "18(1)(j),".
3
9 Subparagraph 16(b)(iii)
4
Omit "18(1)(k),".
5
10 Subparagraph 16(c)(iii)
6
Omit "18(1) or".
7
Future Fund Act 2006
8
11 Section 5
9
Repeal the following definitions:
10
(a) the definition of Building Australia Fund;
11
(b) the definition of Building Australia Fund Special Account;
12
(c) the definition of Communications Minister;
13
(d) the definition of Energy Minister;
14
(e) the definition of Infrastructure Minister;
15
(f) the definition of Water Minister.
16
12 Section 13 (note 2A)
17
Omit "the Building Australia Fund,".
18
13 Paragraph 28(5)(d)
19
Repeal the paragraph.
20
14 Subsections 81(1A) and (2A)
21
Repeal the subsections.
22
15 Paragraphs 81(4)(a), (c) and (e)
23
Repeal the paragraphs.
24
16 Paragraph 81(4)(f)
25
Omit "Minister;", substitute "Minister.".
26
Schedule 2 Abolition of the Building Australia Fund
Part 1 Amendments
12
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
17 Paragraph 81(4)(g)
1
Repeal the paragraph.
2
18 Paragraph 83B(1)(b)
3
Repeal the paragraph.
4
19 Subparagraph 84(1)(b)(iv)
5
Repeal the subparagraph.
6
20 Subsection 84(2)
7
Repeal the subsection.
8
21 Paragraph 84(5)(b)
9
Omit "(2),".
10
22 Subsection 84(6)
11
Omit "(2),".
12
23 Subparagraphs 2(2)(a)(ii), (b)(ii) and (c)(ii) of Schedule 2
13
Repeal the subparagraphs.
14
24 Clause 1 of Schedule 2A
15
Omit "the Building Australia Fund,".
16
25 Clause 2 of Schedule 2A
17
Repeal the clause.
18
Medical Research Future Fund Act 2015
19
26 Subparagraph 19(a)(iii)
20
Omit "18(1)(j),".
21
27 Subparagraph 19(b)(iii)
22
Omit "18(1)(k),".
23
28 Subparagraph 19(c)(iii)
24
Omit "18(1) or".
25
Abolition of the Building Australia Fund Schedule 2
Amendments Part 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
13
Nation-building Funds Act 2008
1
29 Title
2
Omit "the Building Australia Fund and".
3
30 Section 3
4
Omit:
5
•
Chapter 2 sets up the Building Australia Fund, which will
6
enhance the Commonwealth's ability:
7
(a)
to make payments in relation to the creation or
8
development of transport infrastructure; and
9
(b)
to make payments in relation to the creation or
10
development of communications infrastructure; and
11
(c)
to make payments in relation to eligible national
12
broadband network matters; and
13
(d)
to make payments in relation to the creation or
14
development of energy infrastructure; and
15
(e)
to make payments in relation to the creation or
16
development of water infrastructure.
17
31 Section 4
18
Repeal the following definitions:
19
(a) the definition of BAF Communications Portfolio Special
20
Account;
21
(b) the definition of BAF Energy Portfolio Special Account;
22
(c) the definition of BAF evaluation criteria;
23
(d) the definition of BAF Infrastructure Portfolio Special
24
Account;
25
(e) the definition of BAF Water Portfolio Special Account;
26
(f) the definition of balance of the Building Australia Fund;
27
(g) the definition of Building Australia Fund;
28
(h) the definition of Building Australia Fund investment
29
function;
30
(i) the definition of Building Australia Fund Investment
31
Mandate;
32
(j) the definition of Building Australia Fund Special Account;
33
Schedule 2 Abolition of the Building Australia Fund
Part 1 Amendments
14
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
(k) the definition of Communications Department;
1
(l) the definition of Communications Minister;
2
(m) the definition of eligible national broadband network
3
matter;
4
(n) the definition of Energy Department;
5
(o) the definition of Energy Minister;
6
(p) the definition of Infrastructure Department;
7
(q) the definition of Infrastructure Minister;
8
(r) the definition of investment of the Building Australia Fund;
9
(s) the definition of national broadband network;
10
(t) the definition of payment in relation to the creation or
11
development of communications infrastructure;
12
(u) the definition of payment in relation to the creation or
13
development of energy infrastructure;
14
(v) the definition of payment in relation to the creation or
15
development of transport infrastructure;
16
(w) the definition of payment in relation to the creation or
17
development of water infrastructure.
18
32 Section 4 (definition of value)
19
Repeal the definition, substitute:
20
value of an investment of the Education Investment Fund means
21
the market value of the investment. For this purpose, disregard
22
anything that would prevent or restrict conversion of a financial
23
asset to money.
24
33 Section 4 (definitions of Water Department and Water
25
Minister)
26
Repeal the definitions.
27
34 Subsection 7(1)
28
Omit "(1)".
29
35 Subsection 7(2)
30
Repeal the subsection.
31
Abolition of the Building Australia Fund Schedule 2
Amendments Part 1
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
15
36 Chapter 2
1
Repeal the Chapter.
2
37 Subparagraphs 138(a)(i), (b)(i) and (c)(i)
3
Repeal the subparagraphs.
4
38 Section 147
5
Repeal the section.
6
39 Subsection 207(1)
7
Omit "147,".
8
40 Subsection 207(3)
9
Omit ", 147".
10
Schedule 2 Abolition of the Building Australia Fund
Part 2 Transitional provisions
16
Future Drought Fund (Consequential Amendments) Bill 2019
No. , 2019
Part 2--Transitional provisions
1
41 Transitional
--reporting obligations of the Future Fund
2
Board of Guardians
3
Despite the repeal of sections 113 and 114 (reporting obligations) of the
4
Nation-building Funds Act 2008 by this Schedule, those sections
5
continue to apply, after the commencement of this item, in relation to:
6
(a) the performance of the Future Fund Board of Guardians'
7
functions; and
8
(b) the operation of the Board;
9
in respect of the repealed Building Australia Fund, as if the repeal of
10
those sections had not happened.
11
42 Transitional
--reports
12
Despite the amendments of section 81 of the Future Fund Act 2006
13
made by this Schedule, that section continues to apply, in relation to the
14
annual report for the period in which this item commences, as if those
15
amendments had not been made.
16
43 Transitional rules
17
(1)
The Minister may, by legislative instrument, make rules prescribing
18
matters of a transitional nature (including prescribing any saving or
19
application provisions) relating to the amendments or repeals made by
20
this Schedule.
21
(2)
However, to avoid doubt, the rules may not do the following:
22
(a) create an offence or civil penalty;
23
(b) provide powers of:
24
(i) arrest or detention; or
25
(ii) entry, search or seizure;
26
(c) impose a tax;
27
(d) set an amount to be appropriated from the Consolidated
28
Revenue Fund under an appropriation in this Act;
29
(e) directly amend the text of this Act.
30
Technical corrections Schedule 3
No. , 2019
Future Drought Fund (Consequential Amendments) Bill 2019
17
Schedule 3--Technical corrections
1
2
DisabilityCare Australia Fund Act 2013
3
1 Subparagraph 16(a)(iv)
4
Omit "19(a)", substitute "18(e)".
5
2 Subparagraph 16(a)(v)
6
Omit "16(a)", substitute "15(e)".
7
3 Subparagraph 16(b)(iv)
8
Omit "19(b)", substitute "18(f)".
9
4 Subparagraph 16(b)(v)
10
Omit "16(b)", substitute "15(f)".
11
5 Subparagraph 16(c)(iv)
12
Omit "paragraph 19(c)", substitute "a paragraph of section 18".
13
6 Subparagraph 16(c)(v)
14
Omit "paragraph 16(c)", substitute "a paragraph of section 15".
15