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This is a Bill, not an Act. For current law, see the Acts databases.
FEDERAL FINANCIAL RELATIONS AMENDMENT (NATIONAL HEALTH REFORM) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Federal Financial Relations Amendment
(National Health Reform) Bill 2012
No. , 2012
(Treasury)
A Bill for an Act to amend the Federal Financial
Relations Act 2009, and for related purposes
i Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. ,
2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Aged care and disability services
3
Federal Financial Relations Act 2009
3
Schedule 2--National health reform payments
4
Federal Financial Relations Act 2009
4
Schedule 3--Determinations of amounts affecting GST revenue
6
Federal Financial Relations Act 2009
6
Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. , 2012
1
A Bill for an Act to amend the Federal Financial
1
Relations Act 2009, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Federal Financial Relations
5
Amendment (National Health Reform) Act 2012.
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 Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. ,
2012
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 day after this Act receives the Royal
Assent.
3. Schedule 2
1 July 2012.
1 July 2012
4. 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 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
12
Aged care and disability services Schedule 1
Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. , 2012
3
Schedule 1--Aged care and disability services
1
2
Federal Financial Relations Act 2009
3
1 Section 4 (at the end of the definition of Intergovernmental
4
Agreement)
5
Add ", as amended from time to time".
6
2 Section 4
7
Insert:
8
National Health Reform Agreement means the National Health
9
Reform Agreement agreed to by the Council of Australian
10
Governments on 2 August 2011, as amended from time to time.
11
3 Paragraph 13(2)(c)
12
Omit "indexed", substitute "adjusted".
13
4 Subsection 13(4)
14
Omit "indexed", substitute "adjusted".
15
5 After paragraph 21(a)
16
Insert:
17
(aa) if the determination relates to financial assistance under
18
section 13--the National Health Reform Agreement; and
19
6 Application
20
The amendments made by this Schedule apply in relation to financial
21
assistance for the financial year starting on 1 July 2011 and each later
22
financial year.
23
24
Schedule 2 National health reform payments
4 Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. ,
2012
Schedule 2--National health reform payments
1
2
Federal Financial Relations Act 2009
3
1 After paragraph 3(b)
4
Insert:
5
(ba) national health reform payments, to be spent by the States in
6
accordance with the National Health Reform Agreement; and
7
2 Section 10
8
Repeal the section.
9
3 After Part 3
10
Insert:
11
Part 3A--National health reform payments
12
13
15A National health reform payments
14
(1) The Minister may determine that an amount specified in the
15
determination is to be paid to a State specified in the determination
16
for the purpose of making a grant of financial assistance for the
17
purpose of expenditure in accordance with the National Health
18
Reform Agreement.
19
(2) A determination under subsection (1) is a legislative instrument,
20
but section 42 (disallowance) of the Legislative Instruments Act
21
2003 does not apply to the determination.
22
(3) Financial assistance is payable to a State under this section on
23
condition that the financial assistance is spent in accordance with
24
the National Health Reform Agreement.
25
4 Paragraphs 17(b) and 18(1)(b) and (2)(b)
26
After "3", insert "or 3A".
27
5 Paragraph 21(aa)
28
After "13", insert "or 15A".
29
National health reform payments Schedule 2
Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. , 2012
5
6 Section 22
1
After "Part 3", insert ", Part 3A".
2
7 Application
3
The amendments made by this Schedule apply in relation to financial
4
assistance for the financial year starting on 1 July 2012 and each later
5
financial year.
6
7
Schedule 3 Determinations of amounts affecting GST revenue
6 Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. ,
2012
Schedule 3--Determinations of amounts
1
affecting GST revenue
2
3
Federal Financial Relations Act 2009
4
1 Subsections 6(1), (2), (3) and (4)
5
Repeal the subsections, substitute:
6
(1) The Minister must determine the amounts described in
7
subsections (3) and (4) for a payment year.
8
(2)
The
GST revenue for a payment year is the difference between:
9
(a) the sum of all the amounts described in subsection (3) and
10
determined for the payment year; and
11
(b) the amount described in subsection (4) and determined for
12
the payment year.
13
(3) For the purposes of paragraph (2)(a) the amounts are:
14
(a) the amount that is the total of the following:
15
(i) the GST that was collected;
16
(ii) the payments made to the Commissioner of Taxation
17
representing amounts of GST that would have been
18
payable if the Constitution did not prevent tax from
19
being imposed on property of any kind belonging to a
20
State and section 5 of the GST Imposition Acts had not
21
been enacted;
22
(iii) the additional GST that would have been collected if the
23
Commonwealth and Commonwealth entities could be
24
made subject to taxation by a Commonwealth law and
25
section 177-1 of the GST Act made those entities
26
actually liable rather than notionally liable; and
27
(b) the amount of general interest charge that was collected to
28
the extent that it is attributable to:
29
(i) unpaid GST; or
30
(ii) unpaid general interest charge payable in respect of
31
unpaid GST; and
32
(c) the amount, determined in a manner agreed by the
33
Commonwealth and all of the States, that represents amounts
34
Determinations of amounts affecting GST revenue Schedule 3
Federal Financial Relations Amendment (National Health Reform) Bill 2012 No. , 2012
7
of voluntary GST payments that should have, but have not,
1
been paid by local government bodies.
2
(4) For the purposes of paragraph (2)(b) the amount is the total of the
3
following, so far as each of them is attributable to GST:
4
(a) payments under the GST refund provisions;
5
(b) what was payable under the GST refund provisions and was
6
(rather than being paid directly under those provisions)
7
allocated, applied or refunded in accordance with Part IIB of
8
the Taxation Administration Act 1953.
9
2 Application
10
The amendment made by this Schedule applies to determinations for the
11
2011-12 payment year and later payment years.
12