OMNIBUS REPEAL DAY (SPRING 2014) BILL 2014

2013-2014

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Omnibus Repeal Day (Spring 2014) Bill

2014

No. , 2014

(Prime Minister)

A Bill for an Act to repeal certain Acts and

provisions of Acts and to make various

amendments of the statute law of the

Commonwealth, and for related purposes

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 4

Schedule 1--Agriculture

Part 1--Abolition of Fishing Industry Policy Council

Fisheries Administration Act 1991

Part 2--Obsolete farm support programs

Division 1--Main amendments

Rural Adjustment Act 1992

Division 2--Other amendments

Natural Heritage Trust of Australia Act 1997

Part 3--Other amendments

Australian Meat and Live-stock Industry Act 1997

Schedule 2--Communications

Part 1--Re-transmission of programs

Broadcasting Services Act 1992

Part 2--Amendments relating to consultation requirements

Broadcasting Services Act 1992

Interactive Gambling Act 2001

Radiocommunications Act 1992

Telecommunications Act 1997

Part 3--Amendments relating to publication requirements

Division 1--Amendments

Broadcasting Services Act 1992

Division 2--Application provisions

Schedule 3--Environment

Part 1--Abolition of the Product Stewardship Advisory Group

Product Stewardship Act 2011

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 2--Abolition of the Oil Stewardship Advisory Council

Product Stewardship (Oil) Act 2000

Part 3--Fuel quality standards amendments

Fuel Quality Standards Act 2000

Part 4--Hazardous waste amendments

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Schedule 4--Immigration and Border Protection

Part 1--Repeals of Acts

Customs (Tariff Concession System Validations) Act 1999

Part 2--Saving provisions

Schedule 5--Industry

Part 1--Repeals of Acts

Patents Amendment (Patent Cooperation Treaty) Act 1979

Skilling Australia's Workforce Act 2005

Part 2--Other amendments

Social Security Act 1991

Schedule 6--Prime Minister

Aboriginal and Torres Strait Islander Commission Amendment Act

2005

Classification (Publications, Films and Computer Games) Act 1995

Stronger Futures in the Northern Territory Act 2012

Schedule 7--Social Services

Part 1--Repeals of Acts

Home and Community Care Act 1985

Part 2--Approved provider obligations

Aged Care Act 1997

Part 3--Use or disclosure of personal information

Social Security (Administration) Act 1999

Part 4--Removal of spent social security payments

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

iii

Division 1--Main amendments

Social Security Act 1991

Social Security (Administration) Act 1999

Division 2--Other amendments

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

Veterans' Entitlements Act 1986

Division 3--Saving provisions

Part 5--Removal of spent family assistance payments

Division 1--Main amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Division 2--Other amendments

Income Tax Assessment Act 1997

Social Security Act 1991

Social Security (Administration) Act 1999

Veterans' Entitlements Act 1986

Division 3--Saving provisions

Schedule 8--Treasury

Part 1--Repeals of Acts

Division 1--Repeals

Papua and New Guinea Loan (International Bank) Act 1970

Termination Payments Tax (Assessment and Collection) Act 1997

Termination Payments Tax Imposition Act 1997

Division 2--Amendments consequential on repeal of Termination

Payments Tax legislation

First Home Saver Accounts Act 2008

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

Retirement Savings Accounts Act 1997

Superannuation Industry (Supervision) Act 1993

Taxation Administration Act 1953

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Taxation (Interest on Overpayments and Early Payments) Act 1983

Division 3--Savings provisions relating to repeal of Termination

Payments Tax legislation

Part 2--Other amendments

Insurance Act 1973

Schedule 9--Veterans' Affairs

Part 1--Removal of spent veterans' affairs payments

Division 1--Main amendments

Veterans' Entitlements Act 1986

Division 2--Other amendments

Income Tax Assessment Act 1997

Social Security Act 1991

Social Security (Administration) Act 1999

Division 3--Saving provisions

Part 2--Removal of spent military rehabilitation and

compensation payments

Division 1--Main amendments

Military Rehabilitation and Compensation Act 2004

Division 2--Other amendments

Income Tax Assessment Act 1997

Division 3--Saving provisions

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

A Bill for an Act to repeal certain Acts and

provisions of Acts and to make various

amendments of the statute law of the

Commonwealth, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Omnibus Repeal Day (Spring 2014)

Act 2014.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

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 to

The day after this Act receives the Royal

Assent.

3. Schedule 7,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 7,

Part 2

The 28th day after this Act receives the

Royal Assent.

5. Schedule 7,

Part 3

The day after this Act receives the Royal

Assent.

6. Schedule 7,

items 9 to 130

The day after this Act receives the Royal

Assent.

7. Schedule 7,

item 131

The later of:

(a) immediately after the commencement of

the provisions covered by table item 6;

and

(b) immediately after the commencement of

items 5 to 7 of Schedule 5 to the Social

Services and Other Legislation

Amendment (2014 Budget Measures

No. 4) Act 2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

8. Schedule 7,

items 132 to 145

The day after this Act receives the Royal

Assent.

9. Schedule 7,

item 146

The later of:

(a) immediately after the commencement of

the provisions covered by table item 6;

and

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

(b) immediately after the commencement of

item 11 of Schedule 5 to the Social

Services and Other Legislation

Amendment (2014 Budget Measures

No. 4) Act 2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

10. Schedule 7,

items 147 to 181

The day after this Act receives the Royal

Assent.

11. Schedule 7,

item 182

The later of:

(a) immediately after the commencement of

the provisions covered by table item 10;

and

(b) immediately after the commencement of

item 189 of Schedule 1 to the Social

Services and Other Legislation

Amendment (2014 Budget Measures

No. 6) Act 2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

12. Schedule 7,

items 183 to 214

The day after this Act receives the Royal

Assent.

13. Schedules 8

and 9

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

Agriculture Schedule 1

Abolition of Fishing Industry Policy Council Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Schedule 1

--Agriculture

Part 1

--Abolition of Fishing Industry Policy Council

Fisheries Administration Act 1991

1 Title

Omit "and a Fishing Industry Policy Council".

2 Section 3

Repeal the section, substitute:

3 Simplified outline of this Act

This Act establishes a body corporate called the Australian

Fisheries Management Authority.

The Authority has a variety of functions and objectives, relating to

the management of fisheries on behalf of the Commonwealth. It

consists of the CEO, the Commission and the AFMA staff

members.

The Commission is responsible for domestic fisheries management

functions and powers of the Authority. It consists of the

Chairperson, the CEO and up to 7 additional part-time members.

The CEO is responsible for foreign compliance functions and

powers of the Authority and assisting the Commission.

The Minister may give directions to the Authority in exceptional

circumstances and to the CEO about foreign compliance.

Committees may assist in the performance of the Authority's

functions and exercise of its powers.

The Act also deals with miscellaneous matters, such as

consultation, planning and reporting, delegation and financial

matters.

Agriculture Schedule 1

Obsolete farm support programs Part 2

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Part 2

--Obsolete farm support programs

Division 1

--Main amendments

Rural Adjustment Act 1992

5 Section 3

Repeal the section, substitute:

3 Simplified outline of this Act

This Act establishes the National Rural Advisory Council and

makes provision for administrative matters.

The Council has a Chairperson and up to 7 other members. The

members have expertise in many fields, which may include

economics, financial administration, banking, sustainable

agriculture, regional adjustment, regional development, farm

management and training. Some of its members represent the

Commonwealth, the States and the National Farmers' Federation.

Its function is to give the Minister requested advice and

information about rural adjustment, regional issues, training issues

and other matters.

It must give the Minister an annual report for each financial year.

6 Section 4 (definition of Farm Business Improvement

Program)

Repeal the definition.

7 Section 4 (definition of person)

Repeal the definition.

8 Section 4 (definition of Rural Adjustment Scheme)

Repeal the definition.

Schedule 1 Agriculture

Part 2 Obsolete farm support programs

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

9 Section 4 (definition of State component of the Rural

Adjustment Scheme)

Repeal the definition.

10 Paragraph 8(b)

Omit ", and in particular matters relating to agreements with States

under section 20E".

11 Paragraph 8(c)

Repeal the paragraph.

12 Paragraph 8(d)

Omit ", and in particular the Farm Business Improvement Program".

13 Subsection 20(1)

Omit "The report must include a report on the operation of the Rural

Adjustment Scheme during the year.".

14 Parts 3 to 5

Repeal the Parts.

15 Application provision

The amendment of section 20 of the Rural Adjustment Act 1992 made

by this Part applies in relation to a report given to the Minister under

that section on or after the commencement of this Part.

Division 2

--Other amendments

Natural Heritage Trust of Australia Act 1997

16 Paragraph 18(b)

Omit "1992;", substitute "1992.".

17 Paragraph 18(d)

Repeal the paragraph.

18 Subsections 19(7) and 20(4)

Repeal the subsections (not including the notes).

Schedule 1 Agriculture

Part 3 Other amendments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 3

--Other amendments

Australian Meat and Live-stock Industry Act 1997

21 Subsections 63(1) and 64(1)

Repeal the subsections.

22 Subsection 65(1)

Omit "63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),".

23 Subsection 65(2)

Omit ", 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)".

24 Subsection 65(2)

Omit ", 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)".

25 Subsection 65(3)

Omit ", 63(1)(a), 63(1)(h)".

26 Subsection 65(3)

Omit ", 64(1A)(h), 64(1)(a) or 64(1)(h)", substitute "or 64(1A)(h)".

27 Paragraph 66(2)(a)

Omit "subsections 64(1A) and (1)", substitute "subsection 64(1A)".

Communications Schedule 2

Re-transmission of programs Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Schedule 2

--Communications

Part 1

--Re-transmission of programs

Broadcasting Services Act 1992

1 Subparagraph 212(1)(b)(ii)

Omit "ACMA; or", substitute "ACMA.".

2 Paragraph 212(1)(c)

Repeal the paragraph.

3 Paragraph 212(3)(d)

Omit "services; or", substitute "services.".

4 Paragraph 212(3)(e)

Repeal the paragraph.

Schedule 2 Communications

Part 2 Amendments relating to consultation requirements

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 2

--Amendments relating to consultation

requirements

Broadcasting Services Act 1992

5 Subsection 87A(9)

Repeal the subsection.

6 Section 126

Repeal the section.

7 Subsections 130R(3), 130T(4), 130U(4), 130ZCA(5) and (6)

and 130ZD(2)

Repeal the subsections.

8 Subclauses 68(3), 70(4) and 71(4) of Schedule 5

Repeal the subclauses.

9 Clause 77 of Schedule 5

Repeal the clause.

10 Clause 32 of Schedule 6

Repeal the clause.

11 Subclauses 91(3), 93(4) and 94(4) of Schedule 7

Repeal the subclauses.

12 Clauses 99 and 100 of Schedule 7

Repeal the clauses.

Interactive Gambling Act 2001

13 Subsections 44(3), 46(4) and 47(4)

Repeal the subsections.

Communications Schedule 2

Amendments relating to consultation requirements Part 2

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Radiocommunications Act 1992

14 Subsections 44A(5) and (7)

Repeal the subsections.

Telecommunications Act 1997

15 Subsections 123(3), 125(4), 125AA(3), 125A(3) and 125B(3)

Repeal the subsections.

16 Sections 132 and 135

Repeal the sections.

17 Subsections 378(1) and (5)

Repeal the subsections.

18 Section 379

Repeal the section.

19 Subsections 382(1) and (5), 386(1) and (5), 405(1) and (5)

and 422(1) and (5)

Repeal the subsections.

20 Sections 460 and 464

Repeal the sections.

21 Subsection 572E(8)

Repeal the subsection.

22 Saving provision

Despite a repeal of a provision made by this Part, any process begun,

but not concluded, under that provision before the commencement of

this Part must be concluded after that commencement in accordance

with that provision as in force immediately before that commencement.

Schedule 2 Communications

Part 3 Amendments relating to publication requirements

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 3

--Amendments relating to publication

requirements

Division 1

--Amendments

Broadcasting Services Act 1992

23 Section 127

Before "If", insert "(1)".

24 Section 127

Omit "in the Gazette".

25 Paragraph 127(b)

Omit "purchased", substitute "accessed".

26 At the end of section 127

Add:

(2) A notice under subsection (1) must be published:

(a) on the ACMA's website; and

(b) in one or more other forms that are readily accessible by the

public.

Example: Publication in a form mentioned in paragraph (b) could be publication

on a website other than the ACMA's website.

27 Clause 33 of Schedule 6

Before "If", insert "(1)".

28 Clause 33 of Schedule 6

Omit "in the Gazette".

29 Paragraph 33(b) of Schedule 6

Omit "purchased", substitute "accessed".

30 At the end of clause 33 of Schedule 6

Add:

Communications Schedule 2

Amendments relating to publication requirements Part 3

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

(2) A notice under subclause (1) must be published:

(a) on the ACMA's website; and

(b) in one or more other forms that are readily accessible by the

public.

Example: Publication in a form mentioned in paragraph (b) could be publication

on a website other than the ACMA's website.

Division 2

--Application provisions

31 Application of amendments

--section 127 of the

Broadcasting Services Act 1992

The amendments of section 127 of the Broadcasting Services Act 1992

made by this Part do not apply in relation to a determination, variation

or revocation of a standard if a notice relating to that determination,

variation or revocation was published under that section before the

commencement of this item.

32 Application of amendments

--clause 33 of Schedule 6 to

the Broadcasting Services Act 1992

The amendments of clause 33 of Schedule 6 to the Broadcasting

Services Act 1992 made by this Part do not apply in relation to a

determination, variation or revocation of a standard if a notice relating

to that determination, variation or revocation was published under that

clause before the commencement of this item.

Schedule 3 Environment

Part 1 Abolition of the Product Stewardship Advisory Group

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Schedule 3

--Environment

Part 1

--Abolition of the Product Stewardship

Advisory Group

Product Stewardship Act 2011

1 Section 6 (definition of Advisory Group)

Repeal the definition.

2 Section 108B

Repeal the section.

3 Schedule 1

Repeal the Schedule.

Environment Schedule 3

Abolition of the Oil Stewardship Advisory Council Part 2

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Part 2

--Abolition of the Oil Stewardship Advisory

Council

Product Stewardship (Oil) Act 2000

4 Subsection 6(1) (definition of Advisory Council)

Repeal the definition.

5 Subsection 6(1) (definition of voting member)

Repeal the definition.

6 Subsection 10(4)

Omit "The Minister may also take into consideration any relevant

recommendation made to the Minister by the Advisory Council.".

7 Part 3

Repeal the Part.

8 Saving provision

--protection from civil actions

Despite the repeal of Part 3 of the Product Stewardship (Oil) Act 2000

by this Part, section 31 of that Act, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to an act done or omitted to be done before

that commencement by a member of the Oil Stewardship Advisory

Council.

Schedule 3 Environment

Part 3 Fuel quality standards amendments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 3

--Fuel quality standards amendments

Fuel Quality Standards Act 2000

9 Subsection 4(1) (definition of Fuel Standards Consultative

Committee)

Repeal the definition.

10 Section 11

Omit "In some cases, notification, rather than consultation, is

required.".

11 Subsection 13(2) (note)

Repeal the note.

12 Subsection 13(5)

Repeal the subsection.

13 Subsection 14(3)

Repeal the subsection, substitute:

(3) If an application for an approval (other than an emergency

approval) is made, the Minister must cause to be published on the

Department's website a notice:

(a) stating the name of the applicant; and

(b) stating the period for which the variation is sought; and

(d) inviting public submissions on the variation sought; and

(e) stating how submissions are to be made and stating that

submissions must be made within a period specified in the

notice (which must not be more than 28 days after the

publication of the notice).

(4) In deciding whether to grant an approval, the Minister must

consider any submissions that are received within the period

specified in the notice under subsection (3).

Environment Schedule 3

Fuel quality standards amendments Part 3

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

14 Section 17A

Omit "in the Gazette", substitute "on the Department's website".

15 At the end of subsection 17C(1)

Add:

Note:

See section 17DA for consultation requirements.

16 At the end of subsection 17D(1)

Add:

Note:

See section 17DA for consultation requirements.

17 Paragraph 17D(2)(b)

Omit "in the Gazette", substitute "on the Department's website".

18 After section 17D

Insert:

17DA Public consultation for certain variations

(1) Before varying an approval under section 17C or 17D, the Minister

must cause to be published on the Department's website a notice:

(a) stating the name of the person to whom the approval was

granted; and

(b) stating the nature of the proposed variation; and

(d) inviting public submissions on the proposed variation; and

(e) stating how submissions are to be made and stating that

submissions must be made within a period specified in the

notice (which must not be more than 28 days after the

publication of the notice).

(2) In deciding whether to vary an approval under section 17C or 17D,

the Minister must consider any submissions that are received

within the period specified in the notice under subsection (1).

(3) This section does not apply to a variation under section 17D that is

of a minor nature.

Schedule 3 Environment

Part 3 Fuel quality standards amendments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

19 Subsection 17E(3)

Omit "in the Gazette", substitute "on the Department's website".

20 Subsection 17F(1) (note)

Repeal the note.

21 Subsection 17F(5)

Omit "in the Gazette", substitute "on the Department's website".

22 Sections 24 to 29

Repeal the sections.

23 Subsection 33(1)

Omit "in the Gazette", substitute "on the Department's website".

24 Section 67

Repeal the section.

25 Application and saving provisions

(1)

The amendments of sections 13 and 14 of the Fuel Quality Standards

Act 2000 made by this Part apply in relation to:

(a) an application under section 14 of that Act made on or after

the commencement of this item; or

(b) an application under section 14 of that Act made before the

commencement of this item, where before that

commencement the Fuel Standards Consultative Committee

had not been consulted about the application.

(2)

The amendment of section 17A of the Fuel Quality Standards Act 2000

made by this Part applies in relation to an approval granted on or after

the commencement of this item.

(3)

The amendments of paragraph 17D(2)(b) and subsections 17E(3) and

17F(5) of the Fuel Quality Standards Act 2000 made by this Part apply

in relation to a variation made on or after the commencement of this

item.

(4)

Section 17DA of the Fuel Quality Standards Act 2000, as amended by

this Act, applies in relation to a variation made on or after the

commencement of this item, unless before that commencement the Fuel

Environment Schedule 3

Fuel quality standards amendments Part 3

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Standards Consultative Committee had been consulted about the

variation.

(5)

The repeal of section 67 of the Fuel Quality Standards Act 2000 made

by this Part applies in relation to each calendar year that ends after the

commencement of this item.

(6)

Despite the amendments made by this Part, the Fuel Quality Standards

Act 2000, as in force immediately before the commencement of this

item, continues in force on and after that commencement in relation to

the following:

(a) an application made under section 14 of that Act before that

commencement, where before that commencement the Fuel

Standards Consultative Committee had been consulted about

the application but had not made any recommendations

arising out of the consultation;

(b) a variation proposed under Subdivision B of Division 3 of

Part 2 of that Act, where before that commencement the Fuel

Standards Consultative Committee had been consulted about

the variation but had not made any recommendations arising

out of the consultation.

(7)

For the purposes of subitem (6), the Fuel Standards Consultative

Committee is taken to continue in existence and sections 25 to 29 of the

Fuel Quality Standards Act 2000 are taken to continue in force.

Schedule 3 Environment

Part 4 Hazardous waste amendments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 4

--Hazardous waste amendments

Hazardous Waste (Regulation of Exports and Imports) Act

1989

26 Section 4 (definition of Basel Convention)

Omit "(a copy of the English text of which is set out in the Schedule)",

substitute ", as amended and in force for Australia from time to time".

27 Section 4 (at the end of the definition of Basel Convention)

Add:

Note:

The Convention is in Australian Treaty Series 1992 No. 7 ([1992]

ATS 7) and could in 2014 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

28 At the end of subsection 13A(1)

Add:

Note:

If a transit proposal is in connection with the movement of hazardous

waste from one OECD country to another OECD country, a transit

permit may not be required for that proposal: see paragraph 40A(1)(b).

29 Subsection 18A(2)

Repeal the subsection, substitute:

(2) Despite subsection (1), the Minister may grant a Basel export

permit in the circumstances described in that subsection if the

Minister is satisfied that there are exceptional circumstances.

30 Subsection 20(1)

Repeal the subsection, substitute:

(1) A Basel import permit must specify:

(a) the name of the holder of the permit; and

(b) the kind of hazardous waste to be imported; and

(d) the foreign country from which the hazardous waste is to be

imported; and

Environment Schedule 3

Hazardous waste amendments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

(e) the time at which, or period during which, the hazardous

waste is to be imported.

31 Subsection 21(1)

Repeal the subsection, substitute:

(1) A Basel export permit must specify:

(a) the name of the holder of the permit; and

(b) the kind of hazardous waste to be exported; and

(d) the foreign country to which the hazardous waste is to be

exported; and

(e) the time at which, or period during which, the hazardous

waste is to be exported.

32 Section 33 (heading)

Repeal the heading, substitute:

33 Publication of certain particulars on Department's website

33 Subsection 33(1)

Omit "in the Gazette", substitute "on the Department's website".

34 Subsection 40A(1)

Repeal the subsection, substitute:

Prohibition of bringing waste into Australia

(1) A person must not bring hazardous waste into Australia (whether

or not by way of import) in the course of carrying out a transit

proposal unless:

(a) the person is the holder of a transit permit authorising the

person to bring the waste into Australia; or

(b) the carrying out of the transit proposal is in connection with

the movement of hazardous waste from one OECD country

to another OECD country and the Minister has notified the

person in writing that the person does not require a transit

permit for that proposal.

Note:

For this purpose, Australia does not include Australian waters.

Schedule 3 Environment

Part 4 Hazardous waste amendments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

(1A) Before notifying a person under paragraph (1)(b), the Minister

must be satisfied:

(a) that carrying out the transit proposal will not pose a

significant risk of injury or damage to human beings or the

environment; and

(b) of any other matters prescribed by the regulations for the

purposes of this paragraph.

35 At the end of section 40A

Add:

OECD country definition

(6) In this section:

OECD country means a country that is a member of the

Organisation for Economic Cooperation and Development under

the Convention on the Organisation for Economic Cooperation and

Development done at Paris on 14 December 1960.

Note:

The Convention is in Australian Treaty Series 1971 No. 11 ([1971]

ATS 11) and could in 2014 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

36 After subsection 58E(2)

Insert:

Period of appointment of members

(2A) A member of the Hazardous Waste Technical Group holds office

for the period specified in the instrument of appointment. The

period must not exceed 3 years.

Note:

For reappointment, see section 33AA of the Acts Interpretation Act

1901.

37 At the end of section 60

Add:

; or (c) an APS employee who holds, or is acting in, an Executive

Level 2, or equivalent, position in the Department.

38 Subsection 62(1)

Omit "(1)".

Environment Schedule 3

Hazardous waste amendments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

39 Subsection 62(2)

Repeal the subsection.

40 Schedule

Repeal the Schedule.

41 Application and transitional provisions

(1)

The repeal and substitution of subsection 18A(2) of the Hazardous

Waste (Regulation of Exports and Imports) Act 1989 made by this Part

applies in relation to Basel export permits granted on or after the

commencement of this item.

(2)

The repeal and substitution of subsections 20(1) and 21(1) of the

Hazardous Waste (Regulation of Exports and Imports) Act 1989 made

by this Part applies in relation to permits granted on or after the

commencement of this item.

(3)

The amendment of subsection 33(1) of the Hazardous Waste

(Regulation of Exports and Imports) Act 1989 made by this Part applies

in relation to the publication of information on or after the

commencement of this item.

(4)

The repeal and substitution of subsection 40A(1) of the Hazardous

Waste (Regulation of Exports and Imports) Act 1989 made by this Part

applies in relation to hazardous waste brought into Australia on or after

the commencement of this item.

(5)

Subsection 58E(2A) of the Hazardous Waste (Regulation of Exports

and Imports) Act 1989, as inserted by this Part, applies in relation to

appointments made on or after the commencement of this item.

(6)

Regulations in force under subsection 62(1) of the Hazardous Waste

(Regulation of Exports and Imports) Act 1989 immediately before the

commencement of this item continue in force on and after that

commencement as if they were regulations in force under section 62 of

that Act.

Immigration and Border Protection Schedule 4

Saving provisions Part 2

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Part 2

--Saving provisions

2 Saving provision

If, under section 5 of the Customs (Tariff Concession System

Validations) Act 1999, a decision, act or thing was taken to be, or to

continue to be, valid to any extent immediately before the

commencement of this item, then the decision, act or thing continues to

be taken to be valid to the same extent after the commencement of this

item.

Schedule 5 Industry

Part 1 Repeals of Acts

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Schedule 5

--Industry

Part 1

--Repeals of Acts

Patents Amendment (Patent Cooperation Treaty) Act 1979

1 The whole of the Act

Repeal the Act.

Skilling Australia's Workforce Act 2005

2 The whole of the Act

Repeal the Act.

Industry Schedule 5

Other amendments Part 2

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Part 2

--Other amendments

Social Security Act 1991

3 Subsection 23(1) (definition of VET provider)

Repeal the definition, substitute:

VET provider means a registered training organisation (within the

meaning of the National Vocational Education and Training

Regulator Act 2011) that provides vocational education and

training.

Schedule 6 Prime Minister

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Schedule 6

--Prime Minister

Aboriginal and Torres Strait Islander Commission

Amendment Act 2005

1 After subitem 200(1) of Schedule 1

Insert:

(1A)

The appropriate consenting authority may give the individual or body

written notice stating that the appropriate consenting authority's consent

is not required in relation to any disposal of the interest by the

individual or body.

2 Subitem 200(2) of Schedule 1

Omit "The", substitute "If the interest is not covered by a notice under

subitem (1A), the".

3 Subitem 200(5) of Schedule 1

Omit "the consent", substitute "a notice under subitem (1A) or a

consent under subitem (2)".

4 Subitem 200(12) of Schedule 1

After "notice under subitem", insert "(1A) or".

5 Subitem 200(13) of Schedule 1 (paragraphs (b) and (c) of

the definition of appropriate consenting authority)

Omit "to which the consent relates", substitute "concerned".

Classification (Publications, Films and Computer Games)

Act 1995

6 Section 114

Repeal the section.

Prime Minister Schedule 6

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Stronger Futures in the Northern Territory Act 2012

7 Section 3

Omit:

Part 2 allows the Minister to request the NT Minister to appoint an

assessor to conduct an assessment of particular licensed premises

in the Northern Territory if the Minister reasonably believes that

the sale or consumption of liquor at or from those premises is

causing substantial alcohol-related harm to the community (see

section 15).

8 Section 3

Omit "It requires the Minister to cause an independent review to be

conducted of the first 3 years of the operation of this Act (see

section 117).".

9 Section 6

Omit:

Division 5 provides a mechanism under which the Minister may

request the NT Minister to appoint an assessor to conduct an

assessment of particular licensed premises in the Northern

Territory. The Minister may only make the request if the Minister

reasonably believes that the sale or consumption of liquor at or

from the premises is causing substantial alcohol-related harm to the

community.

10 Section 6

Omit:

Division 8 requires the Minister and the NT Minister to cause an

independent review to be undertaken of the operation of specified

laws of the Commonwealth and the Northern Territory that relate

to alcohol. In particular, the review must assess the effectiveness of

those laws in reducing alcohol-related harm to Aboriginal people.

Schedule 6 Prime Minister

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

11 Divisions 5 and 8 of Part 2

Repeal the Divisions.

12 Section 111

Omit:

It requires the Minister to cause an independent review to be

conducted of the first 3 years of the operation of this Act (see

section 117).

13 Section 117

Repeal the section.

Schedule 7 Social Services

Part 2 Approved provider obligations

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 2

--Approved provider obligations

Aged Care Act 1997

2 Subsection 9-1(1)

Repeal the subsection, substitute:

(1) An approved provider must notify the Secretary of a change of

circumstances that materially affects the approved provider's

suitability to be a provider of

aged care (see section 8-3). The

notification must occur within 28 days after the change occurs.

Note:

Approved providers have a responsibility under Part 4.3 to comply

with this obligation. Failure to comply with a responsibility can result

in a sanction being imposed under Part 4.4.

3 Subsection 9-1(3)

Repeal the subsection.

4 Paragraph 9-1(3A)(a)

Omit "there is a change of any of an", substitute "a change of

circumstances that materially affects the approved provider's suitability

to be a provider of

aged care involves a change in any of the".

5 Subsections 9-1(6), (7) and (8)

Repeal the subsections.

6 Application provision

The amendments of section 9-1 of the Aged Care Act 1997 made by this

Part do not apply in relation to a change of circumstances, or a change

of key personnel, that occurred before the commencement of this item.

Social Services Schedule 7

Use or disclosure of personal information Part 3

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Part 3

--Use or disclosure of personal information

Social Security (Administration) Act 1999

7 Paragraph 202(2)(e)

After "under", insert "subsection (2C) of this section or".

8 Application provision

The amendment of paragraph 202(2)(e) of the Social Security

(Administration) Act 1999 made by this Part applies in relation to

protected information disclosed to a person under subsection 202(2C) of

that Act on or after the commencement of this item.

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 4

--Removal of spent social security payments

Division 1

--Main amendments

Social Security Act 1991

9 Subsection 4(6A) (table item 7)

Repeal the item.

10 Paragraph 8(8)(jab)

Repeal the paragraph.

11 Paragraphs 8(8)(jac) to (jaf)

Repeal the paragraphs.

12 Paragraphs 8(8)(ya), (yc), (ye), (yg), (yi) and (yj)

Repeal the paragraphs.

13 Subsection 12C(5) (paragraph (ca) of the definition of

couple's assets deeming provisions)

Repeal the paragraph.

14 Paragraphs 16A(3)(b) and (4)(b)

Omit "mature age allowance under Part 2.12B,".

15 Subsection 17(1) (paragraphs (h), (i) and (j) of the

definition of compensation affected payment)

Repeal the paragraphs.

16 Subsection 17(1) (definition of special needs disability

support wife pension)

Repeal the definition.

17 Paragraphs 19C(2)(c) and (3)(c)

Repeal the paragraphs.

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

18 Paragraph 19C(8)(d)

Omit ", partner allowance and mature age allowance under Part 2.12B",

substitute "or partner allowance".

19 Subsection 19D(5) (subparagraph (f)(v) of the definition of

maximum payment rate)

Repeal the subparagraph.

20 Subsection 19D(5) (paragraphs (g) and (j) of the definition

of maximum payment rate)

Repeal the paragraphs.

21 Subsection 21(1) (definition of partner bereavement

payment)

Omit "660YKD,".

22 Subsection 23(1) (definition of advance qualification day)

Repeal the definition.

23 Subsection 23(1) (definition of clean energy advance)

Repeal the definition.

24 Subsection 23(1) (definition of clean energy advance daily

rate)

Repeal the definition.

25 Subsection 23(1) (definition of clean energy advance

period)

Repeal the definition.

26 Subsection 23(1) (paragraph (a) of the definition of clean

energy bonus)

Repeal the paragraph.

27 Subsection 23(1) (paragraph (a) of the definition of clean

energy payment)

Repeal the paragraph.

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

28 Subsection 23(1) (definition of clean energy qualifying

payment)

Repeal the definition.

29 Subsection 23(1) (definition of mature age allowance)

Repeal the definition.

30 Subsection 23(1) (paragraph (d) of the definition of newly

arrived resident's waiting period)

Repeal the paragraph.

31 Subsection 23(1) (definition of Northern Territory CDEP

transition payment)

Repeal the definition.

32 Subsection 23(1) (definition of number of advance days)

Repeal the definition.

33 Subsection 23(1) (paragraph (ea) of the definition of social

security benefit)

Repeal the paragraph.

34 Subsection 23(1) (paragraph (j) of the definition of social

security entitlement)

Omit "allowance; or", substitute "allowance.".

35 Subsection 23(1) (paragraphs (k) and (l) of the definition of

social security entitlement)

Repeal the paragraphs.

36 Subsection 23(1) (paragraph (i) of the definition of social

security pension)

Repeal the paragraph.

37 Subsection 23(1) (paragraphs (d) and (e) of the definition

of special employment advance qualifying entitlement)

Repeal the paragraphs.

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

38 Subsection 23(1) (definition of transition day)

Repeal the definition.

39 Subsection 23(1) (paragraph (ff) of the definition of waiting

period)

Repeal the paragraph.

40 Part 2.2B

Repeal the Part.

41 Part 2.5A

Repeal the Part.

42 Section 573A (table item 5)

Omit "Part 2.12A or 2.12B", substitute "former Part 2.12A or 2.12B".

43 Parts 2.12A and 2.12B

Repeal the Parts.

44 Subparagraph 771HA(1)(c)(i)

Omit "mature age allowance,".

45 Paragraph 771NU(1)(e)

Omit "mature age allowance,".

46 Paragraph 771NU(3)(e)

Omit ", disability support pension or mature age allowance", substitute

"or disability support pension".

47 Subsection 771NX(1) (method statement, step 4, note)

Omit ", disability support pension or mature age allowance", substitute

"or disability support pension".

48 Subsection 771NX(6)

Omit ", disability support pension or mature age allowance", substitute

"or disability support pension".

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

49 Division 1A of Part 2.16

Repeal the Division.

50 Section 771PA

Omit "a special needs age pension,".

51 Sections 772 and 774

Repeal the sections.

52 Paragraphs 796(1)(a) and (c)

Repeal the paragraphs.

53 Subsection 796(4)

Omit "sole parent or".

54 Point 796-B5 (heading)

Repeal the heading, substitute:

Australian working life residence (special needs disability support

pensioner couples)

55 Paragraph 796-B5(a)

Omit "a special needs age pension or".

56 Paragraph 796-B5(c)

Omit "age or" (last occurring).

57 Point 796-B6 (heading)

Repeal the heading, substitute:

Australian working life residence (member of former special needs

disability support pensioner couple)

58 Paragraph 796-B6(a)

Omit "a special needs age pension or".

59 Subparagraphs 796-B6(d)(i) and (ii)

Omit "age or" (last occurring).

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

60 Point 796-B7

Repeal the point.

61 Point 796-B8 (heading)

Repeal the heading, substitute:

Australian working life residence (recipient of special needs widow

B pension)

62 Paragraph 822(1)(a)

Omit "age,".

63 Paragraph 822(1)(a)

Omit "or wife".

64 Parts 2.17 and 2.18

Repeal the Parts.

65 Division 1 of Part 2.18A

Repeal the Division.

66 Part 2.19A

Repeal the Part.

67 Section 1047 (paragraph (b) of the definition of designated

social security payment)

Repeal the paragraph.

68 Subsection 1061EE(1)

Omit ", mature age allowance under Part 2.12B".

69 Subsection 1061EE(3) (heading)

Repeal the heading, substitute:

Formula for maximum amount of advance: widow allowance

70 Subsection 1061EE(3)

Omit "or mature age allowance under Part 2.12B".

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

71 Subsection 1061EE(6) (paragraph (b) of the definition of

fortnightly payment rate)

Omit ", mature age allowance under Part 2.12B".

72 Subsection 1061EN(2)

Omit ", 660YCH".

73 Subsection 1061EX(7)

Omit ", 660YCH".

74 Subsection 1061JU(4) (subparagraph (f)(v) of the

definition of maximum basic rate)

Repeal the subparagraph.

75 Subsection 1061JU(4) (paragraphs (g) and (j) of the

definition of maximum basic rate)

Repeal the paragraphs.

76 Subsection 1061Q(3B)

Repeal the subsection.

77 Paragraph 1061Q(3C)(a)

Repeal the paragraph, substitute:

(a) a person has been receiving a social security pension; and

78 Paragraph 1061Q(3C)(b)

Omit "or allowance".

79 Paragraph 1061Q(3C)(e)

Omit "in any other situation mentioned in paragraph (a)", substitute "if

the person has been receiving any other social security pension".

80 Paragraph 1061Q(3C)(e)

Omit "or allowance".

81 Subparagraph 1061T(1)(a)(ii)

Omit "a mature age allowance,".

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

82 Part 2.27

Repeal the Part.

83 Subsection 1061ZA(1)

Repeal the subsection, substitute:

(1) Subject to subsection (3), a person is qualified for a pensioner

concession card on a day if a social security pension is payable to

the person for that day.

84 Subsection 1061ZA(1A)

Omit "Paragraph (1)(a)", substitute "Subsection (1)".

85 Section 1061ZB

Repeal the section.

86 Subsection 1061ZC(3)

Omit "or a mature age allowance under Part 2.12B".

87 Subsection 1061ZD(5)

Omit "or a mature age allowance under Part 2.12B".

88 Subsection 1061ZE(5)

Omit "or a mature age allowance under Part 2.12B".

89 Subsection 1061ZEA(4)

Omit "or a mature age allowance under Part 2.12B".

90 Subparagraph 1061ZUC(1)(a)(i)

Omit "1061ZB,".

91 Paragraph 1064(1)(d)

Omit "and".

92 Paragraphs 1064(1)(f) and (g)

Repeal the paragraphs.

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

93 Subparagraphs 1064(5)(b)(v) and (7)(b)(v)

Repeal the subparagraphs.

94 Paragraph 1064-E3(a)

Omit ", carer pension, mature age allowance under Part 2.12A or

mature age partner allowance", substitute "or carer pension".

95 Point 1066-A1 (note 3)

Repeal the note.

96 Section 1067G (table items 8 and 9 in Module L of the

Youth Allowance Rate Calculator)

Repeal the items.

97 Section 1068 (heading)

Repeal the heading, substitute:

1068 Rate of newstart allowance, sickness allowance, partner

allowance and widow allowance

98 Paragraph 1068(1)(ca)

Repeal the paragraph.

99 Subsection 1068(3) (note 1)

Omit ", 660YCF".

100 Point 1068-B1

Omit ", 660YCH".

101 Point 1068-B1 (table item 5A)

Repeal the item.

102 Point 1068-B1B

Omit ", mature age allowance under Part 2.12B".

103 Subparagraph 1068-D1(c)(ia)

Repeal the subparagraph.

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

104 Paragraph 1068-G8A(a)

Omit ", sickness allowance, or mature age allowance under Part 2.12B",

substitute "or sickness allowance".

105 Paragraph 1070(e)

Omit "mature age allowance under Part 2.12B and".

106 Section 1070H (heading)

Repeal the heading, substitute:

1070H Specific requirement (austudy payment, newstart allowance,

partner allowance, sickness allowance or widow

allowance)

107 Section 1070Q (heading)

Repeal the heading, substitute:

1070Q Rate for youth allowance, austudy payment, newstart

allowance, partner allowance, sickness allowance and

widow allowance

108 Paragraph 1073(2)(f)

Omit "Part 2.12B", substitute "former Part 2.12B".

109 Subsection 1161(4)

Repeal the subsection.

110 Subsection 1161(7)

Repeal the subsection, substitute:

(7) Despite subsection (1), Division 4 does not apply to a disability

support wife pension received by a person if:

(a) the compensation was received by the person on or after

1 May 1987 but before 1 January 1994; and

(b) the claim for the pension was made on or after 1 May 1987

but before 1 January 1994.

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

111 Subsection 1185(5) (paragraph (b) of the definition of

dependency-based payment)

Repeal the paragraph.

112 Subparagraph 1187(1)(a)(vi)

Omit "or".

113 Subparagraphs 1187(1)(a)(vii) and (viii)

Repeal the subparagraphs.

114 Subparagraph 1187(1A)(a)(iva)

Omit "or".

115 Subparagraph 1187(1A)(a)(va)

Repeal the subparagraph.

116 Subparagraph 1187(2)(a)(i)

Omit "or".

117 Subparagraph 1187(2)(a)(iii)

Repeal the subparagraph.

118 Subparagraph 1187(2)(c)(ii)

Omit "or".

119 Subparagraph 1187(2)(c)(iii)

Repeal the subparagraph.

120 Subparagraphs 1188C(1)(a)(x) and (xi)

Repeal the subparagraphs.

121 Subparagraph 1188C(3)(a)(vi)

Repeal the subparagraph.

122 Subsection 1188C(5) (table items 13, 14, 15, 29 and 30)

Repeal the items.

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

123 Subparagraphs 1188D(2)(a)(ix) and (x)

Repeal the subparagraphs.

124 At the end of subparagraph 1188F(2)(a)(vi)

Add "or".

125 Subparagraph 1188F(2)(a)(vii)

Repeal the subparagraph.

126 Subparagraphs 1188F(2)(b)(ix) and (x)

Repeal the subparagraphs.

127 Section 1190 (table item 28, column 4)

Omit "[subsection 660YCJ(2)--Table--column 3A--item 1]".

128 Section 1217 (table items 16 and 17)

Repeal the items.

129 Subsection 1218A(1)

Omit ", newstart allowance, mature age allowance or mature age partner

allowance", substitute "or newstart allowance".

130 Sections 1223ABAA, 1223ABA and 1223ABAAA

Repeal the sections.

131 Section 1223ABAAB

Repeal the section.

132 Section 1224

Repeal the section.

133 Paragraph 1231(1AA)(b)

Omit "an economic security strategy payment,".

Social Security (Administration) Act 1999

134 Sections 12A, 12AAA, 12AA, 12AB and 12K

Repeal the sections.

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

135 Paragraphs 37(4)(a) and (b)

Repeal the paragraphs.

136 Subsection 47(1) (paragraphs (g), (ga), (gb) and (gc) of

the definition of lump sum benefit)

Repeal the paragraphs.

137 Subsection 47(1) (paragraphs (h) to (hs), (ht), (hu) and (k)

of the definition of lump sum benefit)

Repeal the paragraphs.

138 Sections 47A, 47AA, 47B, 47C and 47D

Repeal the sections.

139 Paragraphs 52(1)(e) and (f)

Repeal the paragraphs.

140 Paragraph 52(1)(k)

Omit "benefit;", substitute "benefit.".

141 Paragraph 52(1)(l)

Repeal the paragraph.

142 Paragraphs 66(1)(f) and (i)

Repeal the paragraphs.

143 Section 123TC (paragraph (r) of the definition of category

I welfare payment)

Repeal the paragraph.

144 Section 123TC (paragraph (a) of the definition of clean

energy income-managed payment)

Repeal the paragraph.

145 Section 123TC (definition of economic security strategy

payment)

Repeal the definition.

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

146 Section 123TC (definition of household stimulus

payment)

Repeal the definition.

147 Section 123TC (paragraph (k) of the definition of social

security bereavement payment)

Repeal the paragraph.

148 Subdivision DB of Division 5 of Part 3B

Repeal the Subdivision.

149 Paragraph 144(daa)

Repeal the paragraph.

150 Subclause 1(1) of Schedule 1 (paragraph (j) of the

definition of social security periodic payment)

Repeal the paragraph.

Division 2

--Other amendments

Income Tax Assessment Act 1936

151 Subsection 160AAA(1) (paragraph (a) of the definition of

rebatable benefit)

Omit "2.12B,".

152 Subsection 160AAA(1) (paragraph (d) of the definition of

rebatable benefit)

Repeal the paragraph.

Income Tax Assessment Act 1997

153 Section 11-

15 (table item headed "social security or like

payments")

Omit:

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

carers, 2005 one-off payment to, (carer payment

related), 2005 one-off payment to carers (carer

service pension related) or 2005 one-off payment to

carers (carer allowance related) .....................................

52-10

carers, 2006 one-off payment to, (carer payment

related), 2006 one-off payment to carers (wife

pension related), 2006 one-off payment to carers

(partner service pension related), 2006 one-off

payment to carers (carer service pension related) or

2006 one-off payment to carers (carer allowance

related) ..........................................................................

52-10

carers, 2007 one-off payment to, (carer payment

related), 2007 one-off payment to carers (wife

pension related), 2007 one-off payment to carers

(partner service pension related), 2007 one-off

payment to carers (carer service pension related) or

2007 one-off payment to carers (carer allowance

related). ..........................................................................

52-10

carers, 2008 one-off payment to, (carer payment

related), 2008 one-off payment to carers (wife

pension related), 2008 one-off payment to carers

(partner service pension related), 2008 one-off

payment to carers (carer service pension related) or

2008 one-off payment to carers (carer allowance

related) ...........................................................................

52-10

carers, one-off payment to, (carer allowance related) or

one-off payment to carers (carer payment related) ......

52-10

carers, payments to, under the scheme determined

under Schedule 3 to the Family Assistance

Legislation Amendment (More Help for Families--

One-off Payments) Act 2004 ..........................................

52-10

154 Section 11-

15 (table item headed "social security or like

payments")

Omit:

economic security strategy payment under the Social

Security Act 1991 ...........................................................

52-10

155 Section 11-

15 (table item headed "social security or like

payments")

Omit:

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Household Stimulus Package Act (No. 2) 2009,

payments under the scheme determined under

Schedule 4 to the ...........................................................

52-165

156 Section 11-

15 (table item headed "social security or like

payments")

Omit:

older Australians, 2006 one-off payment to, under the

Social Security Act 1991 ................................................

52-10

older Australians, 2007 one-off payment to, under the

Social Security Act 1991 ................................................

52-10

older Australians, 2008 one-off payment to, under the

Social Security Act 1991 ................................................

52-10

157 Section 11-15 (table item

headed "social security or like

payments")

Omit:

Social Security and Other Legislation Amendment

(Economic Security Strategy) Act 2008, payments

under the scheme determined under Schedule 4 to

the ..................................................................................

52-160

Social Security and Veterans' Affairs Legislation

Amendment (One-off Payments and Other 2007

Budget Measures) Act 2007, payments under a

scheme determined under item 1 of Schedule 2 to

the ..................................................................................

52-10

Social Security and Veterans' Affairs Legislation

Amendment (One-off Payments and Other 2007

Budget Measures) Act 2007, payments under the

scheme determined under Schedule 4 to the .................

52-10

Social Security and Veterans' Entitlements Legislation

Amendment (One-off Payments and Other Budget

Measures) Act 2008, payments under a scheme

determined under item 1 of Schedule 2 to the ...............

52-10

Social Security and Veterans' Entitlements Legislation

Amendment (One-off Payments and Other Budget

Measures) Act 2008, payments under the scheme

determined under Schedule 4 to the ..............................

52-10

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Social Security and Veterans' Entitlements Legislation

Amendment (One-off Payments to Increase

Assistance for Older Australians and Carers and

Other Measures) Act 2006, payments under the

scheme determined under item 1 of Schedule 2 to

the ..................................................................................

52-10

Social Security and Veterans' Entitlements Legislation

Amendment (One-off Payments to Increase

Assistance for Older Australians and Carers and

Other Measures) Act 2006, payments under the

scheme determined under Schedule 4 to the .................

52-10

Social Security Legislation Amendment (One-off

Payments for Carers) Act 2005, payments under

the scheme determined under Schedule 2 to the ...........

52-10

158 Section 11-

15 (table item headed "social security or like

payments")

Omit:

training and learning bonus under the Social Security

Act 1991 .........................................................................

52-10

159 Paragraphs 52-10(1)(ba) to (w)

Repeal the paragraphs.

160 Paragraphs 52-10(1)(x) and (y)

Repeal the paragraph.

161 Subsections 52-10(1CA) to (1E)

Repeal the subsections.

162 Subsections 52-10(1F) and (1G)

Repeal the subsections.

163 Section 52-10 (table items 15.1, 16.1, 17.1, 26.1 and 30.1

to 30.4)

Repeal the items.

164 Section 52-15 (table item 1)

Omit "Special needs age pension".

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

165 Section 52-15 (table item 1)

Omit "Special needs wife pension".

166 Subsection 52-20(3) (table items 7 and 8)

Repeal the items.

167 Subsection 52-25(1) (table)

Omit:

Mature age allowance (paid under Part 2.12A)

Mature age partner allowance

Special needs age pension

168 Subsection 52-25(1) (table)

Omit:

Special needs wife pension

169 Subsection 52-30(1) (table)

Omit:

Mature age allowance (paid under Part 2.12B)

170 Section 52-40 (table items 15, 16, 17, 26 and 30)

Repeal the items.

171 Sections 52-160 and 52-165

Repeal the sections.

Veterans' Entitlements Act 1986

172 Paragraph 5H(8)(pab)

Repeal the paragraph.

173 Subsection 118ND(4) (paragraph (k) of the definition of

bereavement payment provisions)

Repeal the paragraph.

Schedule 7 Social Services

Part 4 Removal of spent social security payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Division 3

--Saving provisions

174 Saving provisions

(1)

Despite the amendments made by this Part, Chapter 5 of the Social

Security Act 1991, as in force immediately before the commencement of

this item, continues to apply on and after that commencement in relation

to the following:

(a) a payment under Part 2.2B, 2.5A, 2.12A, 2.12B, 2.17, 2.18,

2.19A or 2.27 of that Act made before that commencement;

(b) a payment of special needs age pension or special needs wife

pension under Part 2.16 of that Act made before that

commencement;

Part 2.18A of that Act made before, on or after that

commencement.

(2)

Despite the amendments made by this Part, Subdivision DE of

Division 5 of Part 3B of the Social Security (Administration) Act 1999,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to a

clean energy advance under the Social Security Act 1991 payable

before, on or after that commencement.

(3)

Despite the amendments made by this Part, Part 3B of the Social

Security (Administration) Act 1999, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to the following payments made before that

commencement:

(a) an economic security strategy payment;

(b) a household stimulus payment;

(4)

Despite the amendments made by this Part, Part 4 of the Social Security

(Administration) Act 1999, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to a decision made by the Secretary relating

to the payment to a person of clean energy advance, where the decision

is made before that commencement.

(5)

Despite the amendments made by this Part, section 47D of the Social

Security (Administration) Act 1999, as in force immediately before the

Social Services Schedule 7

Removal of spent social security payments Part 4

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

commencement of this item, continues to apply on and after that

commencement for the purposes of any payment of clean energy

advance made on or after that commencement.

(6)

Despite the amendments made by this Part, subsection 52-10(1L) of the

Income Tax Assessment Act 1997, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to a payment of clean energy advance made

before, on or after that commencement.

(7)

Despite the amendments made by this Part, Subdivision B of

Division 17 of Part III of the Income Tax Assessment Act 1936, as in

force immediately before the commencement of this item, continues to

apply on and after that commencement in relation to a payment under

Part 2.12B or 2.27 of the Social Security Act 1991 made before that

commencement.

Schedule 7 Social Services

Part 5 Removal of spent family assistance payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 5

--Removal of spent family assistance

payments

Division 1

--Main amendments

A New Tax System (Family Assistance) Act 1999

175 Subsection 3(1) (definition of back to school bonus)

Repeal the definition.

176 Subsection 3(1) (definition of clean energy advance)

Repeal the definition.

177 Subsection 3(1) (definition of economic security strategy

payment to families)

Repeal the definition.

178 Subsection 3(1) (definition of ETR payment)

Repeal the definition.

179 Subsection 3(1) (definition of one-off payment to

families)

Repeal the definition.

180 Subsection 3(1) (definition of single income family

bonus)

Repeal the definition.

181 Parts 5 to 8

Repeal the Parts.

A New Tax System (Family Assistance) (Administration) Act

1999

182 Subsection 32A(3)

Repeal the subsection.

Social Services Schedule 7

Removal of spent family assistance payments Part 5

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

183 Divisions 4A, 4B, 4C, 4CA and 4D of Part 3

Repeal the Divisions.

184 Paragraph 66(1)(fb)

Omit "payments);", substitute "payments).".

185 Paragraphs 66(1)(g) to (k)

Repeal the paragraphs.

186 Section 70

Omit "one-off payment to families,".

187 Section 70

Omit ", a payment under section 219RD, economic security strategy

payment to families, back to school bonus, single income family bonus,

a clean energy advance or ETR payment", substitute "or a payment

under section 219RD".

188 Sections 71I, 71J, 71K, 71L and 71M

Repeal the sections.

189 Paragraph 74(a)

Omit ", one-off payment to families, economic security strategy

payment to families, back to school bonus, single income family bonus,

clean energy advance or ETR payment".

190 Subsection 82(3) (paragraph (a) of the definition of debt)

Omit "71I, 71J, 71K, 71L, 71M,".

191 Subsection 93A(6) (paragraph (bf) of the definition of

family assistance payment)

Omit "section 65EF; or", substitute "section 65EF.".

192 Subsection 93A(6) (paragraphs (c) to (g) of the definition

of family assistance payment)

Repeal the paragraphs.

Schedule 7 Social Services

Part 5 Removal of spent family assistance payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

193 Subsection 106(3)

Omit ", one-off payment to families, economic security strategy

payment to families, back to school bonus, single income family bonus,

clean energy advance or ETR payment".

194 Subsection 109D(4)

Omit ", or of one-off payment to families, economic security strategy

payment to families, back to school bonus, single income family bonus,

clean energy advance or ETR payment,".

195 Paragraph 109D(5)(a)

Omit ", one-off payment to families, economic security strategy

payment to families, back to school bonus, single income family bonus,

clean energy advance or ETR payment".

196 Section 219TA (paragraph (hb) of the definition of

relevant benefit)

Omit "supplement; or", substitute "supplement.".

197 Section 219TA (paragraphs (i) to (m) of the definition of

relevant benefit)

Repeal the paragraphs.

Division 2

--Other amendments

Income Tax Assessment Act 1997

198 Section 11-

15 (table item headed "family assistance")

Omit:

back to school bonus or single income family bonus ......... 52-150

199 Section 11-

15 (table item headed "family assistance")

Omit:

clean energy advance .......................................................... 52-150

200 Section 11-

15 (table item headed "family assistance")

Omit:

economic security strategy payment to families ................. 52-150

Social Services Schedule 7

Removal of spent family assistance payments Part 5

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

ETR payment ...................................................................... 52-150

ETR payment, payments under the scheme determined

under Part 2 of Schedule 1 to the Family Assistance

and Other Legislation Amendment (Schoolkids

Bonus Budget Measures) Act 2012 ...............................

52-162

families, payments to, under the scheme determined

under Schedule 4 to the Social Security and Other

Legislation Amendment (Economic Security

Strategy) Act 2008 ......................................................... 52-160

201 Section 11-

15 (table item headed "family assistance")

Omit:

Household Stimulus Package Act (No. 2) 2009,

payments under scheme determined under

Schedule 4 to the ........................................................... 52-165

202 Section 11-

15 (table item headed "social security or like

payments")

Omit:

ETR payment, payments under the scheme determined

under Part 2 of Schedule 1 to the Family Assistance

and Other Legislation Amendment (Schoolkids

Bonus Budget Measures) Act 2012 ...............................

52-162

203 Section 52-150

Omit "economic security strategy payment to families, back to school

bonus, single income family bonus, clean energy advance,".

204 Section 52-162

Repeal the section.

Social Security Act 1991

205 Paragraph 8(8)(jaa)

Omit ", or of one-off payment to families, economic security strategy

payment to families, back to school bonus, single income family bonus,

clean energy advance or ETR payment,".

206 Paragraph 8(8)(jaba)

Repeal the paragraph.

Schedule 7 Social Services

Part 5 Removal of spent family assistance payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

207 Paragraph 916D(5)(b)

Repeal the paragraph.

Social Security (Administration) Act 1999

208 Section 123TC (paragraph (c) of the definition of clean

energy income-managed payment)

Repeal the paragraph.

209 Section 123TC (definition of ETR income-managed

payment)

Repeal the definition.

210 Subdivision DF of Division 5 of Part 3B

Repeal the Subdivision.

Veterans' Entitlements Act 1986

211 Paragraph 5H(8)(paa)

Omit ", or of one-off payment to families, economic security strategy

payment to families, back to school bonus,, single income family bonus,

clean energy advance or ETR payment".

212 Paragraph 5H(8)(zzb)

Omit "initiative;", substitute "initiative.".

213 Paragraph 5H(8)(zzh)

Repeal the paragraph (not including the note).

Division 3

--Saving provisions

214 Saving provisions

(1)

Despite the amendments made by this Part, Divisions 4CA and 4D of

Part 3, and Part 8B, of the A New Tax System (Family Assistance)

(Administration) Act 1999, as in force immediately before the

commencement of this item, continue to apply on and after that

commencement for the purposes of any payment of clean energy

advance or ETR payment made on or after that commencement.

Social Services Schedule 7

Removal of spent family assistance payments Part 5

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

(2)

Despite the amendments made by this Part, Part 4 of the A New Tax

System (Family Assistance) (Administration) Act 1999, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to a payment made under

Part 5, 6, 7, 7A or 8 of the A New Tax System (Family Assistance) Act

1999 before, on or after that commencement.

(3)

Despite the amendments made by this Part, Part 5 of the A New Tax

System (Family Assistance) (Administration) Act 1999, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to a decision made by the

Secretary relating to the payment to a person of clean energy advance or

ETR payment, where the decision is made before that commencement.

(4)

Despite the amendments made by this Part, sections 52-150 and 52-162

of the Income Tax Assessment Act 1997, as in force immediately before

the commencement of this item, continue to apply on and after that

commencement in relation to a payment of clean energy advance, or a

payment under the scheme determined under Part 2 of Schedule 1 to the

Family Assistance and Other Legislation Amendment (Schoolkids

Bonus Budget Measures) Act 2012, made before, on or after that

commencement.

(5)

Despite the amendments made by this Part, paragraphs 8(8)(jaa) and

(jaba) of the Social Security Act 1991, as in force immediately before

the commencement of this item, continue to apply on and after that

commencement in relation to a payment of clean energy advance or

ETR payment, or a payment under the scheme determined under Part 2

of Schedule 1 to the Family Assistance and Other Legislation

Amendment (Schoolkids Bonus Budget Measures) Act 2012, made

before, on or after that commencement.

(6)

Despite the amendments made by this Part, paragraph 916D(5)(b) of the

Social Security Act 1991, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to a day occurring before that

commencement.

(7)

Despite the amendments made by this Part, Subdivision DE of

Division 5 of Part 3B of the Social Security (Administration) Act 1999,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to a

Schedule 7 Social Services

Part 5 Removal of spent family assistance payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

clean energy advance under the Family Assistance Act payable before,

on or after that commencement.

(8)

Despite the amendments made by this Part, Subdivision DF of

Division 5 of Part 3B of the Social Security (Administration) Act 1999,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to an

ETR income-managed payment made before, on or after that

commencement.

(9)

Despite the amendments made by this Part, paragraphs 5H(8)(paa) and

(zzh) of the Veterans' Entitlements Act 1986, as in force immediately

before the commencement of this item, continue to apply on and after

that commencement in relation to a payment of clean energy advance or

ETR payment, or a payment under the scheme determined under Part 2

of Schedule 1 to the Family Assistance and Other Legislation

Amendment (Schoolkids Bonus Budget Measures) Act 2012, made

before, on or after that commencement.

Treasury Schedule 8

Repeals of Acts Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Schedule 8

--Treasury

Part 1

--Repeals of Acts

Division 1

--Repeals

Papua and New Guinea Loan (International Bank) Act 1970

1 The whole of the Act

Repeal the Act.

Termination Payments Tax (Assessment and Collection) Act

1997

2 The whole of the Act

Repeal the Act.

Termination Payments Tax Imposition Act 1997

3 The whole of the Act

Repeal the Act.

Division 2

--Amendments consequential on repeal of

Termination Payments Tax legislation

First Home Saver Accounts Act 2008

4 Section 18 (paragraph (e) of the definition of

Superannuation Acts)

Omit "1999; and", substitute "1999.".

5 Section 18 (paragraph (f) of the definition of

Superannuation Acts)

Repeal the paragraph.

Schedule 8 Treasury

Part 1 Repeals of Acts

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Income Tax Assessment Act 1936

6 Paragraph 202(l)

Omit ", the Superannuation Contributions Tax (Members of

Constitutionally Protected Superannuation Funds) Assessment and

Collection Act 1997 and the Termination Payments Tax (Assessment

and Collection) Act 1997", substitute "and the Superannuation

Contributions Tax (Members of Constitutionally Protected

Superannuation Funds) Assessment and Collection Act 1997".

7 Subsection 202DH(1)

Omit ", the Superannuation Contributions Tax (Members of

Constitutionally Protected Superannuation Funds) Assessment and

Collection Act 1997 or the Termination Payments Tax (Assessment and

Collection) Act 1997", substitute "or the Superannuation Contributions

Tax (Members of Constitutionally Protected Superannuation Funds)

Assessment and Collection Act 1997".

8 Subsection 202DJ(1)

Omit ", the Superannuation Contributions Tax (Members of

Constitutionally Protected Superannuation Funds) Assessment and

Collection Act 1997 and the Termination Payments Tax (Assessment

and Collection) Act 1997", substitute "and the Superannuation

Contributions Tax (Members of Constitutionally Protected

Superannuation Funds) Assessment and Collection Act 1997".

Income Tax Assessment Act 1997

9 Section 12-

5 (table item headed "termination payments

surcharge")

Repeal the item.

10 Section 26-65

Repeal the section.

11 Subsection 995-1(1) (table item 30 in the definition of

assessment)

Repeal the item.

Treasury Schedule 8

Repeals of Acts Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Retirement Savings Accounts Act 1997

12 Section 16 (paragraph (d) of the definition of

Superannuation Acts)

Omit "1999; and", substitute "1999.".

13 Section 16 (paragraph (e) of the definition of

Superannuation Acts)

Repeal the paragraph.

14 Section 16 (definition of Surcharge Acts)

Repeal the definition.

15 Subsection 136(1)

Omit "Surcharge Acts", substitute "Superannuation Contributions Tax

(Assessment and Collection) Act 1997".

16 Subsections 147A(2) and (3)

Omit "Surcharge Acts", substitute "Superannuation Contributions Tax

(Assessment and Collection) Act 1997".

Superannuation Industry (Supervision) Act 1993

17 Section 299W (paragraph (d) of the definition of

Superannuation Acts)

Omit "1999; and", substitute "1999.".

18 Section 299W (paragraph (e) of the definition of

Superannuation Acts)

Repeal the paragraph.

19 Section 299W (paragraph (b) of the definition of Surcharge

Acts)

Omit "1997; and", substitute "1997.".

20 Section 299W (paragraph (c) of the definition of Surcharge

Acts)

Repeal the paragraph.

Schedule 8 Treasury

Part 1 Repeals of Acts

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Taxation Administration Act 1953

21 Subsection 8AAB(4) (table items 50 and 51)

Repeal the items.

22 Subsection 250-10(2) in Schedule 1 (table item 145)

Repeal the item.

Taxation (Interest on Overpayments and Early Payments)

Act 1983

23 Part IID

Repeal the Part.

Division 3

--Savings provisions relating to repeal of

Termination Payments Tax legislation

24 Object

The object of this Division is to ensure that, despite the repeals and

amendments made by items 2 and 3, and Division 2, of this Part, the full

legal and administrative consequences of:

(a) any act done or omitted to be done; or

(b) any state of affairs existing; or

before such a repeal or amendment commences, can continue to arise

and be carried out, directly or indirectly through an indefinite number of

steps, even if some or all of those steps are taken after the repeal or

amendment commences.

25 Making and amending assessments, and doing other

things, in relation to past matters

Even though an Act is repealed or amended by item 2 or 3, or

Division 2, of this Part, the repeal or amendment is disregarded for the

purpose of doing any of the following under any Act or legislative

instrument:

(a) making or amending an assessment (including under a

provision that is itself repealed or amended);

Treasury Schedule 8

Repeals of Acts Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

(b) exercising any right or power, performing any obligation or

duty or doing any other thing (including under a provision

that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs

existing, or any period ending, before the repeal or amendment

commences.

26 Saving of provisions about effect of assessments

If a provision or part of a provision that is repealed or amended by

item 2 or 3, or Division 2, of this Part deals with the effect of an

assessment, the repeal or amendment is disregarded in relation to

assessments made, before or after the repeal or amendment commences,

in relation to any act done or omitted to be done, any state of affairs

existing, or any period ending, before the repeal or amendment

commences.

27 Saving of provisions about general interest charge, failure

to notify penalty or late reconciliation statement penalty

If:

(a) a provision or part of a provision that is repealed or amended

by item 2 or 3, or Division 2, of this Part provides for the

payment of:

(i) general interest charge, failure to notify penalty or late

reconciliation statement penalty (all within the meaning

of the Income Tax Assessment Act 1936); or

(ii) interest under the Taxation (Interest on Overpayments

and Early Payments) Act 1983; and

(b) in a particular case, the period in respect of which the charge,

penalty or interest is payable (whether under the provision or

under the Taxation Administration Act 1953) has not begun,

or has begun but not ended, when the provision is repealed or

amended;

then, despite the repeal or amendment, the provision or part continues to

apply in the particular case until the end of the period.

Schedule 8 Treasury

Part 1 Repeals of Acts

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

28 Repeals disregarded for the purposes of dependent

provisions

If the operation of a provision (the subject provision) of any Act or

legislative instrument depends to any extent on an Act, or a provision of

an Act, that is repealed by item 2 or 3, or Division 2, of this Part, the

repeal is disregarded so far as it affects the operation of the subject

provision.

29 Division does not limit operation of section 7 of the Acts

Interpretation Act 1901

This Division does not limit the operation of section 7 of the Acts

Interpretation Act 1901.

Schedule 9 Veterans' Affairs

Part 1 Removal of spent veterans' affairs payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Schedule 9

--Veterans' Affairs

Part 1

--Removal of spent veterans' affairs payments

Division 1

--Main amendments

Veterans' Entitlements Act 1986

1 Paragraphs 5H(8)(zzaa) to (zzag)

Repeal the paragraphs.

2 Paragraph 5H(8)(zzai)

Repeal the paragraph.

3 Paragraphs 5H(8)(zzc) to (zzg)

Repeal the paragraphs.

4 Subsection 5Q(1) (definition of clean energy advance)

Repeal the definition.

5 Subsection 5Q(1) (paragraph (a) of the definition of clean

energy bonus)

Repeal the paragraph.

6 Subsection 5Q(1) (paragraph (a) of the definition of clean

energy payment)

Repeal the paragraph.

7 Division 1 of Part IIIE

Repeal the Division.

8 Parts VIID to VIIH

Repeal the Parts.

Veterans' Affairs Schedule 9

Removal of spent veterans' affairs payments Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Division 2

--Other amendments

Income Tax Assessment Act 1997

9 Section 11-

15 (table item headed "social security or like

payments")

Omit:

economic security strategy payment under the

Veterans' Entitlements Act 1986 ...................................

52-65

10 Section 11-

15 (table item headed "social security or like

payments")

Omit:

ETR payment under the Veterans' Entitlements Act

1986 ...............................................................................

52-65

11 Paragraphs 52-65(1)(d) and (da)

Repeal the paragraphs.

12 Subsections 52-65(1D) and (1H)

Repeal the subsections.

13 Section 52-75 (table items 5B and 5C)

Repeal the items.

Social Security Act 1991

14 Subparagraph 8(8)(y)(ia)

Repeal the subparagraph.

15 Paragraphs 8(8)(yb), (yd), (yf), (yh) and (yhb)

Repeal the paragraphs.

Social Security (Administration) Act 1999

16 Section 123TC (paragraph (b) of the definition of clean

energy income-managed payment)

Repeal the paragraph.

Schedule 9 Veterans' Affairs

Part 1 Removal of spent veterans' affairs payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Division 3

--Saving provisions

17 Saving provisions

(1)

Despite the amendments made by this Part, Subdivision D of Division 1

of Part IIIE of the Veterans' Entitlements Act 1986, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement for the purposes of any payment of

clean energy advance made on or after that commencement.

(2)

Despite the amendments made by this Part, Subdivision E of Division 1

of Part IIIE of the Veterans' Entitlements Act 1986, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to a payment of clean

energy advance made before, on or after that commencement.

(3)

Despite the amendments made by this Part, section 118ZZVH of the

Veterans' Entitlements Act 1986, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement for the purposes of any payment of ETR payment made

on or after that commencement.

(4)

Despite the amendments made by this Part, sections 205 to 206 of the

Veterans' Entitlements Act 1986, as in force immediately before the

commencement of this item, continue to apply on and after that

commencement in relation to a payment under Part VIID, VIIE, VIIF,

VIIG or VIIH of that Act made before, on or after that commencement.

(5)

Despite the amendments made by this Part, subsection 52-65(1G) of the

Income Tax Assessment Act 1997, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to a payment of clean energy advance under

the Veterans' Entitlements Act 1986 made before, on or after that

commencement.

(6)

Despite the amendments made by this Part, subsection 52-65(1H) of the

Income Tax Assessment Act 1997, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to an ETR payment made before, on or after

that commencement.

(7)

Despite the amendments made by this Part, paragraph 5H(8)(zzai) of

the Veterans' Entitlements Act 1986, as in force immediately before the

Veterans' Affairs Schedule 9

Removal of spent veterans' affairs payments Part 1

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

commencement of this item, continues to apply on and after that

commencement in relation to an ETR payment made before, on or after

that commencement.

(8)

Despite the amendments made by this Part, paragraph 8(8)(yhb) of the

Social Security Act 1991, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to an ETR payment made before, on or after

that commencement.

(9)

Despite the amendments made by this Part, Subdivision DE of

Division 5 of Part 3B of the Social Security (Administration) Act 1999,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to a

clean energy advance under the Veterans' Entitlements Act for service

pension, being an advance payable before, on or after that

commencement.

Schedule 9 Veterans' Affairs

Part 2 Removal of spent military rehabilitation and compensation payments

Omnibus Repeal Day (Spring 2014) Bill 2014

No. , 2014

Part 2

--Removal of spent military rehabilitation and

compensation payments

Division 1

--Main amendments

Military Rehabilitation and Compensation Act 2004

18 Subsection 5(1) (definition of clean energy advance)

Repeal the definition.

19 Subsection 5(1) (paragraph (a) of the definition of clean

energy bonus)

Repeal the paragraph.

20 Subsection 5(1) (definition of clean energy payment)

Omit "clean energy advance or".

21 Subsection 415(2)

Omit ", 317 and 424K", substitute "and 317".

22 Subsection 415(2) (note)

Repeal the note, substitute:

Note:

Chapter 6 has its own recovery provisions (see sections 315, 316 and

317).

23 Divisions 1 to 5 of Part 5A of Chapter 11

Repeal the Divisions.

Division 2

--Other amendments

Income Tax Assessment Act 1997

24 Section 52-114 (table item 22)

Omit "and Part 5A of Chapter 11".

Veterans' Affairs Schedule 9

Removal of spent military rehabilitation and compensation payments Part 2

No. , 2014

Omnibus Repeal Day (Spring 2014) Bill 2014

Division 3

--Saving provisions

25 Saving provisions

(1)

Despite the amendments made by this Part, Division 4 of Part 5A of

Chapter 11 of the Military Rehabilitation and Compensation Act 2004,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement for the purposes of

any payment of clean energy advance made on or after that

commencement.

(2)

Despite the amendments made by this Part, Division 5 of Part 5A of

Chapter 11 of the Military Rehabilitation and Compensation Act 2004,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to a

payment of clean energy advance made before, on or after that

commencement.

(3)

Despite the amendments made by this Part, table item 22 in

section 52-114 of the Income Tax Assessment Act 1997, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to a payment of clean

energy advance under Part 5A of Chapter 11 of the Military

Rehabilitation and Compensation Act 2004 made before, on or after that

commencement.

Commonwealth of Australia Bills

OMNIBUS REPEAL DAY (SPRING 2014) BILL 2014