OMNIBUS REPEAL DAY (SPRING 2015) BILL 2015

2013-2014-2015

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Omnibus Repeal Day (Spring 2015) Bill

2015

No. , 2015

(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. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Contents

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

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

Schedules ........................................................................................... 3

Schedule 1--Agriculture and Water Resources

Part 1--Repeals of Acts

Division 1--Repeals

Rural Adjustment Act 1992

Wool International Act 1993

Wool International Privatisation Act 1999

Division 2--Amendments consequential on repeal of the Rural

Adjustment Act 1992

Natural Heritage Trust of Australia Act 1997

Part 2--Particulars under the Agricultural and Veterinary

Chemicals Code

Agricultural and Veterinary Chemicals Code Act 1994

Part 3--Abolition of the APVMA Advisory Board

Agricultural and Veterinary Chemicals (Administration) Act 1992

Part 4--Abolition of Fishing Industry Policy Council

Fisheries Administration Act 1991

Part 5--Other amendments

Australian Meat and Live-stock Industry Act 1997

Schedule 2--Attorney-General

Ordinances and Regulations (Notification) Act 1978

Schedule 3--Communications and the Arts

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

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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 4--Education and Training

Part 1--Repeals of Acts

Skilling Australia's Workforce Act 2005

Part 2--Other amendments

Social Security Act 1991

Schedule 5--Environment

Part 1--Consent requirements

Carbon Credits (Carbon Farming Initiative) Act 2011

Part 2--Inquiries and strategic assessments

Environment Protection and Biodiversity Conservation Act 1999

Part 3--Assessment documentation

Environment Protection and Biodiversity Conservation Act 1999

Part 4--Removal of notification and publishing requirement

Environment Protection and Biodiversity Conservation Act 1999

Schedule 6--Finance

Part 1--Repeals of 2012-2013 Acts

Appropriation Act (No. 1) 2012-2013

Appropriation Act (No. 2) 2012-2013

Appropriation Act (No. 3) 2012-2013

Appropriation Act (No. 4) 2012-2013

Appropriation (Implementation of the Report of the Expert Panel on

Asylum Seekers) Act (No. 1) 2012-2013

Appropriation (Implementation of the Report of the Expert Panel on

Asylum Seekers) Act (No. 2) 2012-2013

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

iii

Appropriation (Parliamentary Departments) Act (No. 1) 2012-2013

Part 2--Repeals of 2013-2014 Acts

Appropriation Act (No. 1) 2013-2014

Appropriation Act (No. 2) 2013-2014

Appropriation Act (No. 3) 2013-2014

Appropriation Act (No. 4) 2013-2014

Appropriation Act (No. 5) 2013-2014

Appropriation Act (No. 6) 2013-2014

Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014

Appropriation (Parliamentary Departments) Act (No. 2) 2013-2014

Schedule 7--Health

Part 1--Abolition of Medical Training Review Panel

Health Insurance Act 1973

Part 2--Reports by Minister

Health Insurance Act 1973

Part 3--Adviser and administrator panels

Aged Care Act 1997

Part 4--Approved provider obligations

Aged Care Act 1997

Part 5--Other amendments

Health and Other Services (Compensation) Act 1995

Health and Other Services (Compensation) Care Charges Act 1995

Schedule 8--Immigration and Border Protection

Part 1--Repeals of Acts

Customs (Tariff Concession System Validations) Act 1999

Part 2--Saving provisions

Schedule 9--Industry, Innovation and Science

Patents Amendment (Patent Cooperation Treaty) Act 1979

Schedule 10--Infrastructure and Regional Development

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 1--Amendments of Acts

Administrative Appeals Tribunal Act 1975

Air Accidents (Commonwealth Government Liability) Act 1963

Australian Bureau of Statistics Act 1975

Australian Grape and Wine Authority Act 2013

Commonwealth Motor Vehicles (Liability) Act 1959

Copyright Act 1968

Director of Public Prosecutions Act 1983

Disability Services Act 1986

Freedom of Information Act 1982

Home and Community Care Act 1985

Protection of Movable Cultural Heritage Act 1986

Public Accounts and Audit Committee Act 1951

Public Lending Right Act 1985

Public Works Committee Act 1969

Racial Discrimination Act 1975

Remuneration Tribunal Act 1973

Seat of Government (Administration) Act 1910

Superannuation Act 1976

Superannuation (Productivity Benefit) Act 1988

Urban and Regional Development (Financial Assistance) Act 1974

Part 2--Amendments of Regulations

A.C.T. Self-Government (Consequential Provisions) Regulations

Schedule 11--Prime Minister

Part 1--Repeals of Acts

Council for Aboriginal Reconciliation Act 1991

Part 2--Amendments consequential on repeals of Acts

Australian Human Rights Commission Act 1986

Part 3--Other amendments

Aboriginal and Torres Strait Islander Commission Amendment Act

2005

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Classification (Publications, Films and Computer Games) Act 1995

Stronger Futures in the Northern Territory Act 2012

Schedule 12--Social Services

Part 1--Use or disclosure of personal information

Social Security (Administration) Act 1999

Part 2--Removal of spent social security payments

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 3--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 13--Treasury

Part 1--Repeals of Acts and related provisions

Division 1--Repeals of Acts

Papua and New Guinea Loan (International Bank) Act 1970

Statistical Bureau (Tasmania) Act 1924

Statistics (Arrangements With States) Act 1956

Termination Payments Tax (Assessment and Collection) Act 1997

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Termination Payments Tax Imposition Act 1997

Division 2--Amendments consequential on repeal of statistical

legislation

Long Service Leave (Commonwealth Employees) Act 1976

Division 3--Amendments consequential on repeal of Termination

Payments Tax legislation

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

Retirement Savings Accounts Act 1997

Superannuation Industry (Supervision) Act 1993

Taxation Administration Act 1953

Taxation (Interest on Overpayments and Early Payments) Act 1983

Division 4--Savings provisions relating to repeal of Termination

Payments Tax legislation

Part 2--Other amendments

Insurance Act 1973

Schedule 14--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. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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 2015)

Act 2015.

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 2015) Bill 2015

No. , 2015

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 6,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 6,

Part 2

The later of:

(a) 1 July 2016; and

(b) the day after this Act receives the Royal

Assent.

5. Schedule 7,

Parts 1 and 2

The day after this Act receives the Royal

Assent.

6. Schedule 7,

Part 3

The later of:

(a) 1 January 2016; and

(b) the day after this Act receives the Royal

Assent.

7. Schedule 7,

Part 4

The 28th day after this Act receives the

Royal Assent.

8. Schedule 7,

Part 5

The day after this Act receives the Royal

Assent.

9. Schedules 8

and 9

The day after this Act receives the Royal

Assent.

10. Schedule 10

The 28th day after this Act receives the

Royal Assent.

11. Schedules 11

to 14

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.

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

(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.

3 Schedules

(1) Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

(2) The amendment of any regulation under subsection (1) does not

prevent the regulation, as so amended, from being amended or

repealed by the Governor-General.

Schedule 1 Agriculture and Water Resources

Part 1 Repeals of Acts

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Schedule 1--Agriculture and Water Resources

Part 1--Repeals of Acts

Division 1

--Repeals

Rural Adjustment Act 1992

1 The whole of the Act

Repeal the Act.

2 Transfer of records and documents to the Department

(1)

This item applies to any records or documents that were in the

possession of the Council immediately before the commencement of

this item.

(2)

The records and documents are to be transferred to the Department after

the commencement of this item.

Note:

The records and documents transferred are Commonwealth records for the purposes of

the Archives Act 1983.

Wool International Act 1993

3 The whole of the Act

Repeal the Act.

Wool International Privatisation Act 1999

4 The whole of the Act

Repeal the Act.

Agriculture and Water Resources Schedule 1

Repeals of Acts Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Division 2

--Amendments consequential on repeal of the

Rural Adjustment Act 1992

Natural Heritage Trust of Australia Act 1997

5 Paragraph 18(b)

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

6 Paragraph 18(d)

Repeal the paragraph.

7 Subsections 19(7) and 20(4)

Repeal the subsections (not including the notes).

8 Section 49 (heading)

Repeal the heading, substitute:

49 Appropriations for the purposes of the Natural Resources

Management (Financial Assistance) Act 1992

9 Subsections 49(4) and (5)

Repeal the subsections.

Schedule 1 Agriculture and Water Resources

Part 2 Particulars under the Agricultural and Veterinary Chemicals Code

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 2--Particulars under the Agricultural and

Veterinary Chemicals Code

Agricultural and Veterinary Chemicals Code Act 1994

10 Subparagraph 8E(2)(b)(i) of the Code set out in the

Schedule

Repeal the subparagraph, substitute:

(i) the names, or proposed names, of the active constituents

concerned; and

11 Application provision

The amendment of section 8E of the Code set out in the Schedule to the

Agricultural and Veterinary Chemicals Code Act 1994 applies in

relation to notices given under that section on or after the

commencement of this Part.

Agriculture and Water Resources Schedule 1

Abolition of the APVMA Advisory Board Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 3--Abolition of the APVMA Advisory Board

Agricultural and Veterinary Chemicals (Administration) Act

1992

12 Section 4

Repeal the following definitions:

(a) definition of Advisory Board;

(b) definition of Board member;

13 Subsection 8(3)

Repeal the subsection.

14 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Constitution of APVMA and committees

15 Divisions 2, 3 and 4 of Part 3

Repeal the Divisions.

16 Subsection 28(2)

Omit "(whether Board members or not)".

17 Subsections 29A(1) and (2)

Omit "(other than a Board member)".

18 Section 32A

Repeal the section.

19 Subsection 33(2)

Repeal the subsection.

20 Paragraph 69EP(7)(a)

Repeal the paragraph, substitute:

Schedule 1 Agriculture and Water Resources

Part 3 Abolition of the APVMA Advisory Board

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

(a) is the Chief Executive Officer of the APVMA; or

21 Transfer of records and documents to the Department

(1)

This item applies to any records or documents that were in the

possession of the Advisory Board immediately before the

commencement of this item.

(2)

The records and documents are to be transferred to the Department after

the commencement of this item.

Note:

The records and documents transferred are Commonwealth records for the purposes of

the Archives Act 1983.

Agriculture and Water Resources Schedule 1

Abolition of Fishing Industry Policy Council Part 4

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 4--Abolition of Fishing Industry Policy Council

Fisheries Administration Act 1991

22 Title

Omit "and a Fishing Industry Policy Council".

23 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 and Water Resources Schedule 1

Other amendments Part 5

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 5--Other amendments

Australian Meat and Live-stock Industry Act 1997

26 Subsections 63(1) and 64(1)

Repeal the subsections.

27 Subsection 65(1)

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

28 Subsection 65(2)

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

29 Subsection 65(2)

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

30 Subsection 65(3)

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

31 Subsection 65(3)

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

32 Paragraph 66(2)(a)

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

Schedule 2 Attorney-General

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Schedule 2--Attorney-General

Ordinances and Regulations (Notification) Act 1978

1 The whole of the Act

Repeal the Act.

2 Saving provision

Despite the repeal of the Ordinances and Regulations (Notification) Act

1978 by this Schedule, that Act continues to apply in relation to the

publication in the Gazette, before the commencement of that Act, of a

form of words mentioned in subsection 3(1) of that Act.

Communications and the Arts Schedule 3

Re-transmission of programs Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Schedule 3--Communications and the Arts

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 3 Communications and the Arts

Part 2 Amendments relating to consultation requirements

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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 and the Arts Schedule 3

Amendments relating to consultation requirements Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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 3 Communications and the Arts

Part 3 Amendments relating to publication requirements

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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 and the Arts Schedule 3

Amendments relating to publication requirements Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

(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.

Education and Training Schedule 4

Other amendments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 2--Other amendments

Social Security Act 1991

2 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 5 Environment

Part 1 Consent requirements

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Schedule 5--Environment

Part 1--Consent requirements

Carbon Credits (Carbon Farming Initiative) Act 2011

1 Paragraph 28A(1)(a)

Omit "an offsets project", substitute "a sequestration offsets project".

2 Application provision

The amendment made by this Part applies to declarations made on or

after the commencement of this Part.

3 Transitional provisions

(1)

This item applies if:

(a) before the commencement of this Part, an application was

made under section 22 of the Carbon Credits (Carbon

Farming Initiative) Act 2011 for a declaration (the relevant

declaration) of an offsets project, other than a sequestration

offsets project, as an eligible offsets project; and

(b) before the commencement of this Part, the Regulator

specified in a declaration under section 27 of that Act that the

declaration is subject to the condition (the relevant

condition) that the written consent of each relevant

interest-holder to the existence of the declaration must be

obtained before the end of the first reporting period for the

project; and

subject to the relevant condition (whether or not it had been

met).

(2)

Immediately after the commencement of this Part the relevant

declaration ceases to be subject to the relevant condition.

(3)

As soon as practicable after the commencement of this Part the

Regulator must vary the declaration by removing the relevant condition.

Schedule 5 Environment

Part 2 Inquiries and strategic assessments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 2--Inquiries and strategic assessments

Environment Protection and Biodiversity Conservation Act

1999

4 Subsections 170CA(1) and (2)

Repeal the subsections, substitute:

(1) The Minister may, in writing, determine the amounts of fees that

may be charged:

(a) if the approach for assessing the relevant impacts of an

action, that the Minister has decided is a controlled action, is

assessment by inquiry under Division 7 of Part 8; or

(b) for an assessment provided for under an agreement made

under section 146.

Note:

Division 7 of Part 8 is about inquiries and section 146 is about

strategic assessments.

(2) Before making a determination, the Minister must consult the

following person about the amounts of fees to be charged:

(a) for paragraph (1)(a):

(i) the person proposing to take the action; or

(ii) if the person proposing to take the action is not the

designated proponent--the designated proponent;

(b) for paragraph (1)(b)--the person responsible for the adoption

or implementation of the relevant policy, plan or program.

5 Saving provision

A determination made under section 170CA of the Environment

Protection and Biodiversity Conservation Act 1999 that was in force

immediately before the commencement of this Part continues in force

on and after that commencement (and may be dealt with) as if it had

been made under section 170CA of that Act as amended by this Part.

Environment Schedule 5

Assessment documentation Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 3--Assessment documentation

Environment Protection and Biodiversity Conservation Act

1999

6 Subsection 133(8) (before subparagraph (c)(i) of the

definition of assessment documentation)

Insert:

(ia) information referred to in paragraphs 95(2)(a) and (b) or

95A(3)(a), (b) and (c), as the case requires, relating to

the action; and

7 Before subparagraph 136(2)(bc)(i)

Insert:

(ia) information referred to in paragraphs 95(2)(a) and (b) or

95A(3)(a), (b) and (c), as the case requires, relating to

the action; and

8 Application provision

The amendments made by this Part apply in relation to approvals

granted on or after the commencement of this Part.

Finance Schedule 6

Repeals of 2012-2013 Acts Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Schedule 6--Finance

Part 1--Repeals of 2012-2013 Acts

Appropriation Act (No. 1) 2012-2013

1 The whole of the Act

Repeal the Act.

Appropriation Act (No. 2) 2012-2013

2 The whole of the Act

Repeal the Act.

Appropriation Act (No. 3) 2012-2013

3 The whole of the Act

Repeal the Act.

Appropriation Act (No. 4) 2012-2013

4 The whole of the Act

Repeal the Act.

Appropriation (Implementation of the Report of the Expert

Panel on Asylum Seekers) Act (No. 1) 2012-2013

5 The whole of the Act

Repeal the Act.

Appropriation (Implementation of the Report of the Expert

Panel on Asylum Seekers) Act (No. 2) 2012-2013

6 The whole of the Act

Repeal the Act.

Finance Schedule 6

Repeals of 2013-2014 Acts Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 2--Repeals of 2013-2014 Acts

Appropriation Act (No. 1) 2013-2014

8 The whole of the Act

Repeal the Act.

Appropriation Act (No. 2) 2013-2014

9 The whole of the Act

Repeal the Act.

Appropriation Act (No. 3) 2013-2014

10 The whole of the Act

Repeal the Act.

Appropriation Act (No. 4) 2013-2014

11 The whole of the Act

Repeal the Act.

Appropriation Act (No. 5) 2013-2014

12 The whole of the Act

Repeal the Act.

Appropriation Act (No. 6) 2013-2014

13 The whole of the Act

Repeal the Act.

Schedule 6 Finance

Part 2 Repeals of 2013-2014 Acts

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Appropriation (Parliamentary Departments) Act (No. 1)

2013-2014

14 The whole of the Act

Repeal the Act.

Appropriation (Parliamentary Departments) Act (No. 2)

2013-2014

15 The whole of the Act

Repeal the Act.

Health Schedule 7

Adviser and administrator panels Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 3--Adviser and administrator panels

Aged Care Act 1997

3 Paragraph 25-4A(1)(b)

Omit ", approved by the Secretary,".

4 Subsection 25-4A(2)

Repeal the subsection.

5 Subsection 25-4A(3)

Repeal the subsection, substitute:

(3) If the agreement requires the approved provider to appoint an

adviser, the approved provider must appoint the adviser within the

period specified in the agreement.

6 At the end of section 25-4A

Add:

(4) The Classification Principles may exclude a class of persons from

being appointed as an adviser.

(5) The Classification Principles may specify matters that the

Secretary must take into account in specifying, in the agreement,

the period within which an approved provider that is required to

appoint an adviser must appoint an adviser.

7 Paragraph 25-4B(1)(a)

Omit "subsection 25-4A(2) or (3)", substitute "subsection 25-4A(3)".

8 Subparagraphs 66-2(1)(a)(iii) and (iv)

Omit "approved by the Commonwealth".

9 Subsections 66-2(2) and (3)

After "Commonwealth", insert ", or a Commonwealth officer or

employee,".

Schedule 7 Health

Part 3 Adviser and administrator panels

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

10 Division 66A (heading)

Repeal the heading, substitute:

Division 66A--Appointing administrators and advisers

11 Sections 66A-1, 66A-2 and 66A-3

Repeal the sections, substitute:

66A-2 Appointment of advisers

(1) The Sanctions Principles may exclude a class of persons from

being appointed as an adviser.

(2) A person is not eligible to be appointed as an adviser in accordance

with this section if the person is within a class of persons that the

Sanctions Principles exclude from being appointed as an adviser.

(3) If an approved provider has agreed to the appointment of an

adviser in accordance with this section, the approved provider must

appoint the adviser within the period specified in the agreement.

(4) The Sanctions Principles may specify matters that the Secretary

must take into account in specifying a period mentioned in

subsection (3).

66A-3 Appointment of administrators

(1) The Sanctions Principles may exclude a class of persons from

being appointed as an administrator.

(2) A person is not eligible to be appointed as an administrator in

accordance with this section if the person is within a class of

persons that the Sanctions Principles exclude from being appointed

as an administrator.

(3) If an approved provider has agreed to the appointment of an

administrator in accordance with this section, the approved

provider must appoint the administrator within the period specified

in the agreement.

(4) The Sanctions Principles may specify matters that the Secretary

must take into account in specifying a period mentioned in

subsection (3).

Health Schedule 7

Adviser and administrator panels Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

12 Application provisions

(1)

The amendments made to sections 25-4A and 25-4B of the Aged Care

Act 1997 by this Part apply in relation to agreements entered into on or

after the commencement of this Part.

(2)

The amendments made to section 66-2 of the Aged Care Act 1997 by

this Part apply in relation to sanctions imposed on or after the

commencement of this Part.

Schedule 7 Health

Part 4 Approved provider obligations

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 4--Approved provider obligations

Aged Care Act 1997

13 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.

14 Subsection 9-1(3)

Repeal the subsection.

15 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".

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

Repeal the subsections.

17 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.

Health Schedule 7

Other amendments Part 5

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Part 5--Other amendments

Health and Other Services (Compensation) Act 1995

18 Subsection 3(1) (paragraph (b) of the definition of eligible

benefit)

Repeal the paragraph.

19 Subsection 3(1) (definition of nursing home benefit)

Repeal the definition.

20 Subsection 3(1) (definition of nursing home care)

Repeal the definition.

21 Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2--Residential care subsidy and home care

subsidy

22 Section 9 (heading)

Repeal the heading, substitute:

9 Reimbursement of amounts payable for residential care or home

care

23 Paragraph 9(1)(b)

Omit "nursing home care,".

24 Paragraph 9(3)(a)

Omit "nursing home care,".

25 Paragraph 9(3)(aa)

Omit "nursing home benefit,".

Schedule 7 Health

Part 5 Other amendments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

26 Paragraph 9(3)(aa)

Omit "nursing home care,".

27 Paragraph 9(3)(b)

Omit "nursing home care,".

28 Subsection 9(3)

Omit "nursing home benefit," (last occurring).

29 Section 10 (heading)

Repeal the heading, substitute:

10 Recovering past payments of residential care subsidy or home

care subsidy from judgments and settlements

30 Paragraph 10(1)(b)

Omit "nursing home care,".

31 Paragraph 10(1)(ba)

Omit "nursing home benefit,".

32 Paragraph 10(1)(ba)

Omit "nursing home care,".

33 Paragraph 10(1)(c)

Omit "nursing home benefit,".

34 Subsection 10(1)

Omit "nursing home benefit," (last occurring).

35 Paragraph 10(3)(a)

Omit "nursing home care expenses,".

36 Paragraph 17(1)(b)

Omit "nursing home care,".

37 Subparagraph 21(7)(b)(ii)

Omit "nursing home care,".

Health Schedule 7

Other amendments Part 5

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

38 Paragraph 23(5)(b)

Omit "nursing home care,".

39 Paragraphs 23(7)(b) and (c)

Omit "nursing home care needs,".

40 Subsection 23B(5)

Omit "nursing home care,".

41 Subparagraph 24(9)(b)(ii)

Omit "nursing home care,".

Health and Other Services (Compensation) Care Charges

Act 1995

42 Section 7 (heading)

Repeal the heading, substitute:

7 Charge on compensation in respect of reimbursements for

residential care or home care

43 Paragraph 7(1)(b)

Omit "nursing home care,".

44 Paragraph 7(2)(a)

Omit "nursing home care,".

45 Paragraph 7(2)(aa)

Omit "nursing home benefit,".

46 Paragraph 7(2)(aa)

Omit "nursing home care,".

47 Paragraph 7(2)(b)

Omit "nursing home care,".

Schedule 7 Health

Part 5 Other amendments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

48 Subsection 7(2)

Omit "nursing home benefit," (second and third occurring).

49 Section 8 (heading)

Repeal the heading, substitute:

8 Charge on compensation in respect of past payments of residential

care subsidy or home care subsidy

50 Paragraph 8(1)(b)

Omit "nursing home care,".

51 Paragraph 8(1)(ba)

Omit "nursing home benefit,".

52 Paragraph 8(1)(ba)

Omit "nursing home care,".

53 Paragraph 8(1)(c)

Omit "nursing home benefit,".

54 Subsection 8(1)

Omit "nursing home benefit," (last occurring).

55 Paragraph 8(3)(a)

Omit "nursing home care expenses,".

Schedule 8 Immigration and Border Protection

Part 2 Saving provisions

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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 10 Infrastructure and Regional Development

Part 1 Amendments of Acts

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Schedule 10--Infrastructure and Regional

Development

Part 1--Amendments of Acts

Administrative Appeals Tribunal Act 1975

1 After section 36A

Insert:

36AA Interpretation of sections 36B, 36C and 36D

In sections 36B, 36C and 36D, unless the contrary intention

appears:

Attorney-General includes the Minister administering the ACT

Civil and Administrative Tribunal Act 2008 of the Australian

Capital Territory.

Cabinet includes the Australian Capital Territory Executive.

Air Accidents (Commonwealth Government Liability) Act

1963

2 After subsection 11(3)

Insert:

(3A) Subject to this section, this Part applies to the carriage in an aircraft

operated by a person other than the Commonwealth or a

Commonwealth authority of a passenger, being a person to whom

paragraph (1)(a), (b) or (c) would apply if the references in those

paragraphs to the Commonwealth were references to the Australian

Capital Territory and the references in those paragraphs to a

Commonwealth authority were omitted.

(3B) For the purposes of the application of this Part in accordance with

subsection (3A), the succeeding provisions of this Part have effect

as if references in those provisions to the Commonwealth (other

than references to a Commonwealth authority, or references to the

Infrastructure and Regional Development Schedule 10

Amendments of Acts Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Commonwealth in the expression whether in the Commonwealth

or elsewhere) were references to the Australian Capital Territory.

Australian Bureau of Statistics Act 1975

3 Subsection 19(3)

After "Chief Minister" (first occurring), insert "of the Australian Capital

Territory or".

4 Subsection 19(3)

Omit "the Northern Territory" (second occurring), substitute "that

Territory".

Australian Grape and Wine Authority Act 2013

5 Subsection 41A(9)

Repeal the subsection, substitute:

(9) In this section:

Parliament means:

(a) in relation to the Australian Capital Territory--the

Legislative Assembly for the Territory; and

(b) in relation to the Northern Territory--the Legislative

Assembly of the Territory.

State includes the Australian Capital Territory and the Northern

Territory.

Commonwealth Motor Vehicles (Liability) Act 1959

6 Subsection 3(1) (definition of Commonwealth authority)

Before "the Northern Territory" (wherever occurring), insert "the

Australian Capital Territory or".

Schedule 10 Infrastructure and Regional Development

Part 1 Amendments of Acts

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Copyright Act 1968

7 Subsection 10(1) (definition of the Crown)

Before "the Northern Territory" (first occurring), insert "the Australian

Capital Territory and".

8 Paragraph 10(3)(e)

Before "the Northern Territory", insert "the Australian Capital Territory

and".

9 Paragraph 10(3)(n)

Before "the Northern Territory" (first occurring), insert "the Australian

Capital Territory and".

10 Paragraph 10(3)(n)

Before "the Northern Territory" (second occurring), insert "the

Australian Capital Territory or".

11 Subsection 182B(1) (note to the definition of government)

Omit ", as modified by the A.C.T. Self-Government (Consequential

Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392)".

12 Subsection 183(11)

Omit "State or" (wherever occurring), substitute "State, the Australian

Capital Territory or".

Director of Public Prosecutions Act 1983

13 Subsection 3(1) (before paragraph (a) of the definition of

law of the Commonwealth)

Insert:

(aa) the Australian Capital Territory (Self-Government) Act 1988;

14 Subsection 3(1) (paragraph (c) of the definition of law of

the Commonwealth)

After "paragraph", insert "(aa),".

Infrastructure and Regional Development Schedule 10

Amendments of Acts Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

15 Subsection 3(1) (definition of State)

After "includes", insert "the Australian Capital Territory and".

16 Subsection 3(1) (definition of Territory)

After "include", insert "the Australian Capital Territory or".

Disability Services Act 1986

17 Section 7 (definition of State)

Repeal the definition, substitute:

State includes the Australian Capital Territory and the Northern

Territory.

18 Subsection 23(10)

After "States,", insert "of the Australian Capital Territory,".

19 Subsection 27(5)

After "States,", insert "of the Australian Capital Territory,".

Freedom of Information Act 1982

20 After section 16

Insert:

16A Requests transferred from the ACT

Where a request under the Freedom of Information Act 1989 of the

Australian Capital Territory is transferred to an agency in

accordance with section 33 of that Act, it becomes a request under

this Act at the time at which it is received by the agency.

Home and Community Care Act 1985

21 Subsection 3(4)

After "includes", insert "the Australian Capital Territory and".

Schedule 10 Infrastructure and Regional Development

Part 1 Amendments of Acts

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Protection of Movable Cultural Heritage Act 1986

22 Section 4

After "States,", insert "of the Australian Capital Territory,".

Public Accounts and Audit Committee Act 1951

23 Paragraph 8(2)(a)

Before "the Northern Territory", insert "the Australian Capital Territory

or".

24 Subparagraph 8(2)(b)(i)

Before "the Northern Territory", insert "the Australian Capital Territory

or".

25 Subsection 8(6) (definition of State)

After "includes", insert "the Australian Capital Territory and".

Public Lending Right Act 1985

26 Subsection 8(2)

After "a State, by", insert "the Australian Capital Territory or".

Public Works Committee Act 1969

27 Section 5 (at the end of the definition of authority of the

Commonwealth)

Add "or a body established by or under an enactment within the

meaning of section 3 of the Australian Capital Territory

(Self-Government) Act 1988".

28 Section 5 (definition of State)

After "includes", insert "the Australian Capital Territory and".

29 Before paragraph 6(2)(a)

Insert:

(aa) a work:

Infrastructure and Regional Development Schedule 10

Amendments of Acts Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

(i) that is proposed to be carried out by or for the

Australian Capital Territory; and

(ii) in respect of the carrying out of which moneys of that

Territory are proposed to be expended by that Territory;

Racial Discrimination Act 1975

30 Section 6

After "States,", insert "of the Australian Capital Territory,".

Remuneration Tribunal Act 1973

31 Subsection 3(1)

Insert:

enactment has the same meaning as in section 3 of the Australian

Capital Territory (Self-Government) Act 1988.

32 Subsection 3(1) (at the end of the definition of public

statutory corporation)

Add "or a corporation established for a public purpose by a law of the

Australian Capital Territory".

33 Paragraph 3(4)(b)

After "Territory", insert "(other than an enactment)".

34 After paragraph 3(4)(fa)

Insert:

(fb) an executive education office;

Seat of Government (Administration) Act 1910

35 Paragraph 12(2)(b)

Before "take" insert "subject to subsection (2AA),".

36 After subsection 12(2)

Insert:

Schedule 10 Infrastructure and Regional Development

Part 1 Amendments of Acts

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

(2AA) An Ordinance that:

(a) makes provision in relation to a matter arising from,

connected with or consequential upon the establishment of

the Territory as a body politic under the Crown; and

(b) is made on or before Self-Government Day within the

meaning of the A.C.T. Self-Government (Consequential

Provisions) Act 1988;

may be expressed to take effect from the date of commencement of

a provision of the Australian Capital Territory (Self-Government)

Act 1988.

Superannuation Act 1976

37 Subparagraph 120(a)(i)

After "State or of", insert "the Legislative Assembly for the Australian

Capital Territory or".

38 Subsection 125(3)

After "by a person of", insert "the Legislative Assembly for the

Australian Capital Territory or".

Superannuation (Productivity Benefit) Act 1988

39 Subsection 3(1) (paragraph (c) of the definition of qualified

employee)

After "Ordinance", insert "or enactment".

Urban and Regional Development (Financial Assistance) Act

1974

40 Section 3

Insert:

State includes the Australian Capital Territory.

Schedule 11 Prime Minister

Part 3 Other amendments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 3--Other amendments

Aboriginal and Torres Strait Islander Commission

Amendment Act 2005

4 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.

5 Subitem 200(2) of Schedule 1

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

subitem (1A), the".

6 Subitem 200(5) of Schedule 1

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

consent under subitem (2)".

7 Subitem 200(12) of Schedule 1

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

8 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

9 Section 114

Repeal the section.

Prime Minister Schedule 11

Other amendments Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Stronger Futures in the Northern Territory Act 2012

10 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).

11 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).".

12 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.

13 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 11 Prime Minister

Part 3 Other amendments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

14 Divisions 5 and 8 of Part 2

Repeal the Divisions.

15 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).

16 Section 117

Repeal the section.

Social Services Schedule 12

Use or disclosure of personal information Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Schedule 12--Social Services

Part 1--Use or disclosure of personal information

Social Security (Administration) Act 1999

1 Paragraph 202(2)(e)

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

2 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 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 2--Removal of spent social security payments

Division 1

--Main amendments

Social Security Act 1991

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

Repeal the item.

4 Paragraph 8(8)(jab)

Repeal the paragraph.

5 Paragraphs 8(8)(jac) to (jaf)

Repeal the paragraphs.

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

Repeal the paragraphs.

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

couple's assets deeming provisions)

Repeal the paragraph.

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

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

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

of compensation affected payment)

Repeal the paragraphs.

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

support wife pension)

Repeal the definition.

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

Repeal the paragraphs.

Social Services Schedule 12

Removal of spent social security payments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

12 Paragraph 19C(8)(d)

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

substitute "or partner allowance".

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

maximum payment rate)

Repeal the subparagraph.

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

of maximum payment rate)

Repeal the paragraphs.

15 Subsection 21(1) (definition of partner bereavement

payment)

Omit "660YKD,".

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

Repeal the definition.

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

Repeal the definition.

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

rate)

Repeal the definition.

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

period)

Repeal the definition.

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

energy bonus)

Repeal the paragraph.

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

energy payment)

Repeal the paragraph.

Schedule 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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

payment)

Repeal the definition.

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

Repeal the definition.

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

arrived resident's waiting period)

Repeal the paragraph.

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

transition payment)

Repeal the definition.

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

Repeal the definition.

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

security benefit)

Repeal the paragraph.

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

security entitlement)

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

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

social security entitlement)

Repeal the paragraphs.

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

security pension)

Repeal the paragraph.

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

of special employment advance qualifying entitlement)

Repeal the paragraphs.

Social Services Schedule 12

Removal of spent social security payments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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

Repeal the definition.

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

period)

Repeal the paragraph.

34 Part 2.2B

Repeal the Part.

35 Part 2.5A

Repeal the Part.

36 Section 573A (table item 5)

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

37 Parts 2.12A and 2.12B

Repeal the Parts.

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

Omit "mature age allowance,".

39 Paragraph 771NU(1)(e)

Omit "mature age allowance,".

40 Paragraph 771NU(3)(e)

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

"or disability support pension".

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

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

"or disability support pension".

42 Subsection 771NX(6)

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

"or disability support pension".

Schedule 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

43 Division 1A of Part 2.16

Repeal the Division.

44 Section 771PA

Omit "a special needs age pension,".

45 Sections 772 and 774

Repeal the sections.

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

Repeal the paragraphs.

47 Subsection 796(4)

Omit "sole parent or".

48 Point 796-B5 (heading)

Repeal the heading, substitute:

Australian working life residence (special needs disability support

pensioner couples)

49 Paragraph 796-B5(a)

Omit "a special needs age pension or".

50 Paragraph 796-B5(c)

Omit "age or" (last occurring).

51 Point 796-B6 (heading)

Repeal the heading, substitute:

Australian working life residence (member of former special needs

disability support pensioner couple)

52 Paragraph 796-B6(a)

Omit "a special needs age pension or".

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

Omit "age or" (last occurring).

Social Services Schedule 12

Removal of spent social security payments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

54 Point 796-B7

Repeal the point.

55 Point 796-B8 (heading)

Repeal the heading, substitute:

Australian working life residence (recipient of special needs widow

B pension)

56 Paragraph 822(1)(a)

Omit "age,".

57 Paragraph 822(1)(a)

Omit "or wife".

58 Parts 2.17 and 2.18

Repeal the Parts.

59 Division 1 of Part 2.18A

Repeal the Division.

60 Part 2.19A

Repeal the Part.

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

social security payment)

Repeal the paragraph.

62 Subsection 1061EE(1)

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

63 Subsection 1061EE(3) (heading)

Repeal the heading, substitute:

Formula for maximum amount of advance: widow allowance

64 Subsection 1061EE(3)

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

Schedule 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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

fortnightly payment rate)

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

66 Subsection 1061EN(2)

Omit ", 660YCH".

67 Subsection 1061EX(7)

Omit ", 660YCH".

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

definition of maximum basic rate)

Repeal the subparagraph.

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

definition of maximum basic rate)

Repeal the paragraphs.

70 Subsection 1061Q(3B)

Repeal the subsection.

71 Paragraph 1061Q(3C)(a)

Repeal the paragraph, substitute:

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

72 Paragraph 1061Q(3C)(b)

Omit "or allowance".

73 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".

74 Paragraph 1061Q(3C)(e)

Omit "or allowance".

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

Omit "a mature age allowance,".

Social Services Schedule 12

Removal of spent social security payments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

76 Part 2.27

Repeal the Part.

77 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.

78 Subsection 1061ZA(1A)

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

79 Section 1061ZB

Repeal the section.

80 Subsection 1061ZC(3)

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

81 Subsection 1061ZD(5)

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

82 Subsection 1061ZE(5)

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

83 Subsection 1061ZEA(4)

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

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

Omit "1061ZB,".

85 Paragraph 1064(1)(d)

Omit "and".

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

Repeal the paragraphs.

Schedule 12 Social Services

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No. , 2015

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

Repeal the subparagraphs.

88 Paragraph 1064-E3(a)

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

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

89 Point 1066-A1 (note 3)

Repeal the note.

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

Youth Allowance Rate Calculator)

Repeal the items.

91 Section 1068 (heading)

Repeal the heading, substitute:

1068 Rate of newstart allowance, sickness allowance, partner

allowance and widow allowance

92 Paragraph 1068(1)(ca)

Repeal the paragraph.

93 Subsection 1068(3) (note 1)

Omit ", 660YCF".

94 Point 1068-B1

Omit ", 660YCH".

95 Point 1068-B1 (table item 5A)

Repeal the item.

96 Point 1068-B1B

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

97 Subparagraph 1068-D1(c)(ia)

Repeal the subparagraph.

Social Services Schedule 12

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No. , 2015

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98 Paragraph 1068-G8A(a)

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

substitute "or sickness allowance".

99 Paragraph 1070(e)

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

100 Section 1070H (heading)

Repeal the heading, substitute:

1070H Specific requirement (austudy payment, newstart allowance,

partner allowance, sickness allowance or widow

allowance)

101 Section 1070Q (heading)

Repeal the heading, substitute:

1070Q Rate for youth allowance, austudy payment, newstart

allowance, partner allowance, sickness allowance and

widow allowance

102 Paragraph 1073(2)(f)

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

103 Subsection 1161(4)

Repeal the subsection.

104 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 12 Social Services

Part 2 Removal of spent social security payments

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No. , 2015

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

dependency-based payment)

Repeal the paragraph.

106 Subparagraph 1187(1)(a)(vi)

Omit "or".

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

Repeal the subparagraphs.

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

Omit "or".

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

Repeal the subparagraph.

110 Subparagraph 1187(2)(a)(i)

Omit "or".

111 Subparagraph 1187(2)(a)(iii)

Repeal the subparagraph.

112 Subparagraph 1187(2)(c)(ii)

Omit "or".

113 Subparagraph 1187(2)(c)(iii)

Repeal the subparagraph.

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

Repeal the subparagraphs.

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

Repeal the subparagraph.

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

Repeal the items.

Social Services Schedule 12

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No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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

Repeal the subparagraphs.

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

Add "or".

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

Repeal the subparagraph.

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

Repeal the subparagraphs.

121 Section 1190 (table item 28, column 4)

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

122 Section 1217 (table items 16 and 17)

Repeal the items.

123 Subsection 1218A(1)

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

allowance", substitute "or newstart allowance".

124 Sections 1223ABAA, 1223ABA and 1223ABAAA

Repeal the sections.

125 Section 1223ABAAB

Repeal the section.

126 Section 1224

Repeal the section.

127 Paragraph 1231(1AA)(b)

Omit "an economic security strategy payment,".

Social Security (Administration) Act 1999

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

Repeal the sections.

Schedule 12 Social Services

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No. , 2015

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

Repeal the paragraphs.

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

the definition of lump sum benefit)

Repeal the paragraphs.

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

of the definition of lump sum benefit)

Repeal the paragraphs.

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

Repeal the sections.

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

Repeal the paragraphs.

134 Paragraph 52(1)(k)

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

135 Paragraph 52(1)(l)

Repeal the paragraph.

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

Repeal the paragraphs.

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

I welfare payment)

Repeal the paragraph.

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

energy income-managed payment)

Repeal the paragraph.

139 Section 123TC (definition of economic security strategy

payment)

Repeal the definition.

Social Services Schedule 12

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No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

140 Section 123TC (definition of household stimulus

payment)

Repeal the definition.

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

security bereavement payment)

Repeal the paragraph.

142 Subdivision DB of Division 5 of Part 3B

Repeal the Subdivision.

143 Paragraph 144(daa)

Repeal the paragraph.

144 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

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

rebatable benefit)

Omit "2.12B,".

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

rebatable benefit)

Repeal the paragraph.

Income Tax Assessment Act 1997

147 Section 11-

15 (table item headed "social security or like

payments")

Omit:

Schedule 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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

148 Section 11-

15 (table item headed "social security or like

payments")

Omit:

economic security strategy payment under the Social

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

52-10

149 Section 11-

15 (table item headed "social security or like

payments")

Omit:

Social Services Schedule 12

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No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Household Stimulus Package Act (No. 2) 2009,

payments under the scheme determined under

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

52-165

150 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

151 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 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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

152 Section 11-

15 (table item headed "social security or like

payments")

Omit:

training and learning bonus under the Social Security

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

52-10

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

Repeal the paragraphs.

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

Repeal the paragraphs.

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

Repeal the subsections.

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

Repeal the subsections.

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

to 30.4)

Repeal the items.

158 Section 52-15 (table item 1)

Omit "Special needs age pension".

Social Services Schedule 12

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No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

159 Section 52-15 (table item 1)

Omit "Special needs wife pension".

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

Repeal the items.

161 Subsection 52-25(1) (table)

Omit:

Mature age allowance (paid under Part 2.12A)

Mature age partner allowance

Special needs age pension

162 Subsection 52-25(1) (table)

Omit:

Special needs wife pension

163 Subsection 52-30(1) (table)

Omit:

Mature age allowance (paid under Part 2.12B)

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

Repeal the items.

165 Sections 52-160 and 52-165

Repeal the sections.

Veterans' Entitlements Act 1986

166 Paragraph 5H(8)(pab)

Repeal the paragraph.

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

bereavement payment provisions)

Repeal the paragraph.

Schedule 12 Social Services

Part 2 Removal of spent social security payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Division 3

--Saving provisions

168 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 12

Removal of spent social security payments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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 12 Social Services

Part 3 Removal of spent family assistance payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 3--Removal of spent family assistance

payments

Division 1

--Main amendments

A New Tax System (Family Assistance) Act 1999

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

Repeal the definition.

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

Repeal the definition.

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

payment to families)

Repeal the definition.

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

Repeal the definition.

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

families)

Repeal the definition.

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

bonus)

Repeal the definition.

175 Parts 5 to 8

Repeal the Parts.

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

1999

176 Subsection 32A(3)

Repeal the subsection.

Social Services Schedule 12

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No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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

Repeal the Divisions.

178 Paragraph 66(1)(fb)

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

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

Repeal the paragraphs.

180 Section 70

Omit "one-off payment to families,".

181 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".

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

Repeal the sections.

183 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".

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

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

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

family assistance payment)

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

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

of family assistance payment)

Repeal the paragraphs.

Schedule 12 Social Services

Part 3 Removal of spent family assistance payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

187 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".

188 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,".

189 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".

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

relevant benefit)

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

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

relevant benefit)

Repeal the paragraphs.

Division 2

--Other amendments

Income Tax Assessment Act 1997

192 Section 11-

15 (table item headed "family assistance")

Omit:

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

193 Section 11-

15 (table item headed "family assistance")

Omit:

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

194 Section 11-

15 (table item headed "family assistance")

Omit:

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

Social Services Schedule 12

Removal of spent family assistance payments Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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

195 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

196 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

197 Section 52-150

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

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

198 Section 52-162

Repeal the section.

Social Security Act 1991

199 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,".

200 Paragraph 8(8)(jaba)

Repeal the paragraph.

Schedule 12 Social Services

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No. , 2015

201 Paragraph 916D(5)(b)

Repeal the paragraph.

Social Security (Administration) Act 1999

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

energy income-managed payment)

Repeal the paragraph.

203 Section 123TC (definition of ETR income-managed

payment)

Repeal the definition.

204 Subdivision DF of Division 5 of Part 3B

Repeal the Subdivision.

Veterans' Entitlements Act 1986

205 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".

206 Paragraph 5H(8)(zzb)

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

207 Paragraph 5H(8)(zzh)

Repeal the paragraph (not including the note).

Division 3

--Saving provisions

208 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 12

Removal of spent family assistance payments Part 3

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

(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 12 Social Services

Part 3 Removal of spent family assistance payments

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No. , 2015

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 13

Repeals of Acts and related provisions Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Schedule 13--Treasury

Part 1--Repeals of Acts and related provisions

Division 1

--Repeals of Acts

Papua and New Guinea Loan (International Bank) Act 1970

1 The whole of the Act

Repeal the Act.

Statistical Bureau (Tasmania) Act 1924

2 The whole of the Act

Repeal the Act.

Statistics (Arrangements With States) Act 1956

3 The whole of the Act

Repeal the Act.

Termination Payments Tax (Assessment and Collection) Act

1997

4 The whole of the Act

Repeal the Act.

Termination Payments Tax Imposition Act 1997

5 The whole of the Act

Repeal the Act.

Schedule 13 Treasury

Part 1 Repeals of Acts and related provisions

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Division 2

--Amendments consequential on repeal of

statistical legislation

Long Service Leave (Commonwealth Employees) Act 1976

6 Paragraph 24(3)(c)

Before "Statistics (Arrangements with States) Act 1956", insert

"former".

Division 3

--Amendments consequential on repeal of

Termination Payments Tax legislation

Income Tax Assessment Act 1936

7 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".

8 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".

9 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".

Treasury Schedule 13

Repeals of Acts and related provisions Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Income Tax Assessment Act 1997

10 Section 12-

5 (table item headed "termination payments

surcharge")

Repeal the item.

11 Section 26-65

Repeal the section.

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

assessment)

Repeal the item.

Retirement Savings Accounts Act 1997

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

Superannuation Acts)

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

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

Superannuation Acts)

Repeal the paragraph.

15 Section 16 (definition of Surcharge Acts)

Repeal the definition.

16 Subsection 136(1)

Omit "Surcharge Acts", substitute "Superannuation Contributions Tax

(Assessment and Collection) Act 1997".

17 Subsections 147A(2) and (3)

Omit "Surcharge Acts", substitute "Superannuation Contributions Tax

(Assessment and Collection) Act 1997".

Schedule 13 Treasury

Part 1 Repeals of Acts and related provisions

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Superannuation Industry (Supervision) Act 1993

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

Superannuation Acts)

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

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

Superannuation Acts)

Repeal the paragraph.

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

Acts)

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

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

Acts)

Repeal the paragraph.

Taxation Administration Act 1953

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

Repeal the items.

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

Repeal the item.

Taxation (Interest on Overpayments and Early Payments)

Act 1983

24 Part IID

Repeal the Part.

Treasury Schedule 13

Repeals of Acts and related provisions Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

Division 4

--Savings provisions relating to repeal of

Termination Payments Tax legislation

25 Object

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

amendments made by items 4 and 5, and Division 3, 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.

26 Making and amending assessments, and doing other

things, in relation to past matters

Even though an Act is repealed or amended by item 4 or 5, or

Division 3, 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);

(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.

27 Saving of provisions about effect of assessments

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

item 4 or 5, or Division 3, 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.

Schedule 13 Treasury

Part 1 Repeals of Acts and related provisions

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

28 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 4 or 5, or Division 3, 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.

29 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 4 or 5, or Division 3, of this Part, the

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

provision.

30 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 14 Veterans' Affairs

Part 1 Removal of spent veterans' affairs payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Schedule 14--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 14

Removal of spent veterans' affairs payments Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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 14 Veterans' Affairs

Part 1 Removal of spent veterans' affairs payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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 14

Removal of spent veterans' affairs payments Part 1

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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 14 Veterans' Affairs

Part 2 Removal of spent military rehabilitation and compensation payments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

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 14

Removal of spent military rehabilitation and compensation payments Part 2

No. , 2015

Omnibus Repeal Day (Spring 2015) Bill 2015

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.

Schedule 14 Veterans' Affairs

Part 3 Other amendments

Omnibus Repeal Day (Spring 2015) Bill 2015

No. , 2015

Part 3--Other amendments

Veterans' Entitlements Act 1986

26 Subsection 52B(4)

Omit "Commission", substitute "Minister".

27 Subsection 213(2)

After "for the purposes of this Act or the regulations", insert "or the

other legislative instrument made under this Act".

28 Subsection 213(4)

Omit "under this Act".

29 Subsection 214(2)

After "for the purposes of this Act or the regulations", insert "or the

other legislative instrument made under this Act".

30 Subsection 214(4)

Omit "under this Act".

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OMNIBUS REPEAL DAY (SPRING 2015) BILL 2015