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This is a Bill, not an Act. For current law, see the Acts databases.
STATUTE STOCKTAKE (REGULATORY AND OTHER LAWS) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Stocktake (Regulatory and Other
Laws) Bill 2009
No. , 2009
(Finance and Deregulation)
A Bill for an Act to make various amendments of
the statute law of the Commonwealth, to repeal
certain Acts and provisions of Acts, and for related
purposes
i Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts
3
Part 1--General amendments
3
Australian Wine and Brandy Corporation Act 1980
3
Broadcasting Services Act 1992
3
Civil Aviation (Carriers' Liability) Act 1959
3
Civil Aviation (Carriers' Liability) Amendment Act 1991
3
Dairy Adjustment Act 1974
4
Dairy Legislation (Transitional Provisions and Consequential
Amendments) Act 1986
4
Hearing Services and AGHS Reform Act 1997
4
Horticulture Marketing and Research and Development Services
(Repeals and Consequential Provisions) Act 2000
5
Industrial Chemicals (Notification and Assessment) Act 1989
5
Rural Industries Research (Transitional Provisions and Consequential
Amendments) Act 1985
6
Part 2--Repeal of Part VB of the Trade Practices Act 1974 and
related amendments
7
A New Tax System (Goods and Services Tax Transition) Act 1999
7
Product Grants and Benefits Administration Act 2000
7
Trade Practices Act 1974
7
Part 3--Amendments relating to digital data services
11
Telecommunications Act 1997
11
Telecommunications (Consumer Protection and Service Standards)
Act 1999
11
Telecommunications (Universal Service Levy) Act 1997
19
Telstra Corporation Act 1991
19
Trade Practices Act 1974
20
Schedule 2--Repeal of Acts etc.
21
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 ii
Part 1--Repeals
21
APEC Public Holiday Act 2007
21
Delivered Meals Subsidy Act 1970
21
Home Nursing Subsidy Act 1956
21
Income Tax (Franking Deficit) Act 1987
21
Nursing Homes Assistance Act 1974
21
States Grants (Home Care) Act 1969
21
States Grants (Nurse Education Transfer Assistance) Act 1985
22
States Grants (Paramedical Services) Act 1969
22
Part 2--Amendments consequential on repeals
23
Aged or Disabled Persons Care Act 1954
23
Higher Education Funding Act 1988
23
National Health Act 1953
23
Part 3--Matters relating to the repeal of the Income Tax
(Franking Deficit) Act 1987
24
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 1
A Bill for an Act to make various amendments of
1
the statute law of the Commonwealth, to repeal
2
certain Acts and provisions of Acts, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Statute Stocktake (Regulatory and
7
Other Laws) Act 2009.
8
2 Commence ment
9
This Act commences on the day after it receives the Royal Assent.
10
2 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amend ments Schedule 1
General amendments Part 1
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 3
Schedule 1
--
Amendments
1
Part 1
--
General amendments
2
Australian Wine and Brandy Corporation Act 1980
3
1 Section 52
4
Repeal the section.
5
Broadcasting Services Act 1992
6
2 Section 94
7
Repeal the section.
8
3 Subsection 113(1)
9
Omit "(1) Subject to subsection (2), a subscription", substitute "A
10
subscription".
11
4 Subsection 113(2)
12
Repeal the subsection.
13
5 Subsection 116(3)
14
Repeal the subsection.
15
6 Section 116C
16
Repeal the section.
17
Civil Aviation (Carriers' Liability) Act 1959
18
7 Subsection 8(3)
19
Omit ", the Montreal Protocol No. 3".
20
Civil Aviation (Carriers' Liability) Amendment Act 1991
21
8 Subsection 2(2)
22
Repeal the subsection.
23
Schedule 1 A mendments
Part 1 General amendments
4 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
9 Section 9
1
Repeal the section.
2
10 Subsections 11(1) and 13(1)
3
Repeal the subsections.
4
Dairy Adjustment Act 1974
5
11 Section 22
6
Repeal the section.
7
Dairy Legislation (Transitional Provisions and
8
Consequential Amendments) Act 1986
9
12 Section 16
10
Repeal the section.
11
13 Section 26
12
Repeal the section.
13
Hearing Services and AGHS Reform Act 1997
14
14 Subsection 2(2)
15
Repeal the subsection.
16
15 Schedule 1
17
Repeal the Schedule.
18
16 Repeal does not affect amendments
19
The repeal of:
20
(a) subsection 2(2) of the Hearing Services and AGHS Reform
21
Act 1997 made by item 14 of this Part; and
22
(b) Schedule 1 to the Hearing Services and AGHS Reform Act
23
1997 made by item 15 of this Part;
24
does not affect the amendments made by Schedule 1 to the Hearing
25
Services and AGHS Reform Act 1997.
26
Amend ments Schedule 1
General amendments Part 1
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 5
Horticulture Marketing and Research and Development
1
Services (Repeals and Consequential Provisions)
2
Act 2000
3
17 Section 22
4
Repeal the section.
5
Industrial Chemicals (Notification and Assessment) Act 1989
6
18 Subsection 5(1) (definition of eligible chemical)
7
Repeal the definition.
8
19 Division 4 of Part 2
9
Repeal the Division.
10
20 Paragraph 102(1)(b)
11
Omit ", 20E(3)".
12
21 Paragraph 110(1)(caa)
13
Repeal the paragraph.
14
22 Transitional
--
inclusion of chemicals in the Australian
15
Inventory of Chemical Substances
16
(1)
Despite the repeal of sections 20E and 20F of the Industrial Chemicals
17
(Notification and Assessment) Act 1989 made by item 19 of this Part, a
18
chemical included in a section of the Inventory under section 20E of the
19
old law continues to be included in that section of the Inventory, after
20
the commencement of this item, as if it had been included in that section
21
of the Inventory immediately after the commencement of section 11 of
22
the old law.
23
(2)
Despite the repeal of section 20G of the Industrial Chemicals
24
(Notification and Assessment) Act 1989 made by item 19 of this Part,
25
that section continues to apply, in relation to an application made under
26
section 20D of the old law, as if that repeal had not happened.
27
(3)
In this item:
28
chemical has the same meaning as in the Industrial Chemicals
29
(Notification and Assessment) Act 1989.
30
Schedule 1 A mendments
Part 1 General amendments
6 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Inventory has the same meaning as in the Industrial Chemicals
1
(Notification and Assessment) Act 1989.
2
old law means the Industrial Chemicals (Notification and Assessment)
3
Act 1989 as in force immediately before the commencement of this
4
item.
5
Rural Industries Research (Transitional Provisions and
6
Consequential Amendments) Act 1985
7
23 Section 7
8
Repeal the section.
9
10
Amend ments Schedule 1
Repeal of Part VB of the Trade Practices Act 1974 and related amendments Part 2
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 7
Part 2
--
Repeal of Part VB of the Trade Practices Act
1
1974 and related amendments
2
A New Tax System (Goods and Services Tax Transition) Act
3
1999
4
24 Subsection 15L(3) (definition of New Tax System changes)
5
Repeal the definition, substitute:
6
New Tax System changes means the following:
7
(a) the amendment of the former Sales Tax (Exemptions and
8
Classifications) Act 1992 made by this Act;
9
(b) the ending of sales tax, as provided for in the former A New
10
Tax System (End of Sales Tax) Act 1999;
11
(c) the imposition of GST;
12
(d) any other changes (including changes to Commonwealth,
13
State or Territory laws) prescribed by the regulations for the
14
purposes of this definition.
15
Product Grants and Benefits Administration Act 2000
16
25 Subparagraphs 47(3)(c)(ia) and (d)(ia)
17
Omit "or VB".
18
Trade Practices Act 1974
19
26 Paragraph 2B(1)(aa)
20
Repeal the paragraph.
21
27 Paragraph 5(1)(d)
22
Repeal the paragraph.
23
Note:
The heading to section 5 is altered by omitting ", VB".
24
28 Paragraph 5(1)(f)
25
Omit ", (d)".
26
29 Paragraph 6(2)(b)
27
Omit "75AU, 75AV, 75AW, 75AX, 75AY,".
28
Schedule 1 A mendments
Part 2 Repeal of Part VB of the Trade Practices Act 1974 and related amend ments
8 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Note:
The heading to section 6 is altered by omitting ", VB".
1
30 Paragraph 6(2)(b)
2
Omit "and 75AYA".
3
31 Subsection 6(2B)
4
Repeal the subsection.
5
32 Part VB
6
Repeal the Part.
7
33 Subsection 75B(1)
8
Omit "75AU, 75AYA or".
9
34 Subparagraph 76(1)(a)(ii)
10
Repeal the subparagraph.
11
35 Subsection 76A(2)
12
Omit "75AYA or".
13
Note:
The heading to section 76A is altered by omitting "75AYA or".
14
36 Subsections 76B(2), (3), (4) and (5)
15
Omit "75AYA or".
16
Note:
The heading to section 76B is altered by omitting "75AYA or".
17
37 Subparagraph 78(a)(ii)
18
Repeal the subparagraph.
19
Note:
The heading to section 78 is altered by omitting "or section 75AU or 75AYA".
20
38 Paragraph 80(1)(a)
21
Repeal the paragraph, substitute:
22
(a) a contravention of a provision of Part IV, IVA, IVB, V or
23
VC;
24
39 Subsection 80(1A)
25
Omit ", 75AU or 75AYA".
26
40 Section 80B
27
Amend ments Schedule 1
Repeal of Part VB of the Trade Practices Act 1974 and related amendments Part 2
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 9
Repeal the section.
1
41 Paragraphs 84(1)(b) and 84(3)(b)
2
Omit ", VB".
3
42 Subsection 86C(4) (paragraph (a) of the definition of
4
contravening conduct)
5
Omit "75AU, 75AYA or".
6
43 Part XIAA
7
Repeal the Part.
8
44 Subsection 155AA(3) (subparagraph (a)(ii) of the definition
9
of protected Part VB information)
10
Omit "a matter arising under Part VB", substitute "a matter that arose
11
under Part VB before its repeal by item 32 of Schedule 1 to the Statute
12
Stocktake (Regulatory and Other Laws) Act 2009".
13
45 Subsection 155AA(3) (at the end of paragraph (b) of the
14
definition of protected Part VB information)
15
Add "before its repeal by item 32 of Schedule 1 to the Statute Stocktake
16
(Regulatory and Other Laws) Act 2009.".
17
46 Subparagraph 163A(1)(a)(ia)
18
Repeal the subparagraph.
19
47 Schedule (heading)
20
Omit "versions of Parts IV and VB", substitute "version of Part IV".
21
48 Part 2 of the Schedule
22
Repeal the Part.
23
49 Application of items 47 and 48
24
If, at the time when this item commences, item 5 of Schedule 4 to the
25
Trade Practices Amendment (Australian Consumer Law) Act 2009 has
26
commenced, then a reference to the Schedule in the heading of item 47
27
or 48 of this Part is taken to be a reference to Schedule 1.
28
Schedule 1 A mendments
Part 2 Repeal of Part VB of the Trade Practices Act 1974 and related amend ments
10 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
50 Transitional
--
Repeal of subparagraph 163A(1)(a)(ia) of the
1
Trade Practices Act 1974
2
(1)
Despite the repeal of subparagraph 163A(1)(a)(ia) of the Trade
3
Practices Act 1974 made by item 46 of this Part, that subparagraph
4
continues to apply, so that a declaration about the operation or effect of
5
Part VB of the old law cannot be sought, as if that repeal had not
6
happened.
7
(2)
In this item:
8
old law means the Trade Practices Act 1974 as in force immediately
9
before the commencement of this item.
10
11
Amend ments Schedule 1
Amend ments relating to digital data services Part 3
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 11
Part 3
--
Amendments relating to digital data services
1
Telecommunications Act 1997
2
51 Paragraph 3(2)(b)
3
Repeal the paragraph.
4
52 Section 7 (definition of digital data service provider)
5
Repeal the definition.
6
53 Subsection 105(5)
7
Repeal the subsection.
8
54 Subsections 105(6) and (7)
9
Omit ", (5)".
10
Telecommunications (Consumer Protection and Service
11
Standards) Act 1999
12
55 Section 4
13
Omit:
14
(c) prescribed carriage services; and
15
(d) digital data services.
16
Substitute:
17
(c) prescribed carriage services.
18
56 Subsection 5(2) (definition of approved digital data service
19
plan)
20
Repeal the definition.
21
57 Subsection 5(2) (definition of digital data service)
22
Repeal the definition.
23
58 Subsection 5(2) (definition of digital data service charge)
24
Schedule 1 A mendments
Part 3 A mend ments relating to digital data s ervices
12 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Repeal the definition.
1
59 Subsection 5(2) (definition of digital data service
2
obligation)
3
Repeal the definition.
4
60 Subsection 5(2) (definition of digital data service provider)
5
Repeal the definition.
6
61 Subsection 5(2) (definition of draft digital data service
7
plan)
8
Repeal the definition.
9
62 Subsection 5(2) (definition of general digital data service)
10
Repeal the definition.
11
63 Subsection 5(2) (definition of general digital data service
12
area)
13
Repeal the definition.
14
64 Subsection 5(2) (definition of general digital data service
15
obligation)
16
Repeal the definition.
17
65 Subsection 5(2) (definition of general digital data service
18
provider)
19
Repeal the definition.
20
66 Subsection 5(2) (definition of special digital data service)
21
Repeal the definition.
22
67 Subsection 5(2) (definition of special digital data service
23
area)
24
Repeal the definition.
25
68 Subsection 5(2) (definition of special digital data service
26
obligation)
27
Repeal the definition.
28
Amend ments Schedule 1
Amend ments relating to digital data services Part 3
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 13
69 Subsection 5(2) (definition of special digital data service
1
provider)
2
Repeal the definition.
3
70 Section 8
4
Omit:
5
(b) the digital data service obligation and digital data
6
cost; and
7
71 Section 8
8
Omit:
9
(c) prescribed carriage services; and
10
(d) digital data services.
11
Substitute:
12
(c) prescribed carriage services.
13
72 Section 8
14
Omit:
15
(a) the specification of the universal service obligation
16
and digital data service obligation;
17
Substitute:
18
(a) the specification of the universal service
19
obligation;
20
73 Section 8
21
Omit:
22
(b) the determination of universal service areas and
23
digital data service areas;
24
Schedule 1 A mendments
Part 3 A mend ments relating to digital data services
14 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Substitute:
1
(b) the determination of universal service areas;
2
74 Section 8
3
Omit:
4
(d) the determination of primary universal service
5
providers and digital data service providers;
6
Substitute:
7
(d) the determination of primary universal service
8
providers;
9
75 Section 8
10
Omit:
11
(g) requirements for the approval of, and compliance
12
with, digital data service plans of digital data
13
service providers;
14
76 Section 8
15
Omit:
16
(i) the determination of the digital data cost for
17
supplying services in fulfilment of the digital data
18
service obligation;
19
77 Section 8
20
Omit:
21
(j) the regulation of universal service charges and
22
digital data service charges;
23
Substitute:
24
Amend ments Schedule 1
Amend ments relating to digital data services Part 3
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 15
(j) the regulation of universal service charges;
1
78 Subparagraph 8A(a)(iii)
2
Omit "and".
3
79 Subparagraph 8A(a)(iv)
4
Repeal the subparagraph.
5
80 Paragraph 8A(b)
6
Omit "and the digital data service obligation described in section 10".
7
81 Paragraph 8A(c)
8
Omit ", and the digital data service obligation described in section 10,".
9
82 Paragraph 8A(e)
10
Omit "and digital data service obligation".
11
83 Subsection 8D(2)
12
Repeal the subsection, substitute:
13
(2) The Minister may determine different periods under
14
paragraph (1)(b) in respect of one or more universal service
15
subsidies.
16
84 Divisions 3, 8, 10 and 12 of Part 2
17
Repeal the Divisions.
18
85 Subsection 20B(3)
19
Repeal the subsection.
20
86 Subsections 20J(1) to (3)
21
Repeal the subsections, substitute:
22
(1) Within the period of 45 days after the end of a claim period, or
23
such other period as is determined in writing by the Minister, a
24
carrier or carriage service provider who is a universal service
25
provider for the claim period may give to the ACMA a claim for a
26
levy credit for that period.
27
Schedule 1 A mendments
Part 3 A mend ments relating to digital data services
16 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
(2) A person's levy credit for a claim period is the total of all amounts
1
of universal service subsidy to which the person is entitled for the
2
period.
3
(3) A claim must be in a form approved in writing by the ACMA, and
4
must include details of:
5
(a) the provider's entitlement to universal service subsidy for the
6
claim period; and
7
(b) how that entitlement has been worked out.
8
The claim must include such other information (if any) as is
9
required by the approved form.
10
87 Section 20M
11
Repeal the section, substitute:
12
20M ACMA may inquire into correctness of claim
13
The ACMA may make whatever inquiries it thinks necessary or
14
desirable in order to determine whether or not a claim by a
15
universal service provider for a levy credit for a claim period
16
correctly states the provider's entitlement to universal service
17
subsidy for the period.
18
88 Subsection 20N(2)
19
Repeal the subsection, substitute:
20
(2) The assessment must set out the universal service subsidy to which
21
the person is entitled for that period.
22
89 Subsection 20U(1)
23
Omit "(2), (3) and (4)", substitute "(2) and (3)".
24
90 Subsection 20U(4)
25
Repeal the subsection.
26
91 Paragraph 20V(b)
27
Omit "20U(2), (3) and (4)", substitute "20U(2) and (3)".
28
92 Paragraph 22(1)(b)
29
Omit "20U(2), (3) or (4)", substitute "20U(2) or (3)".
30
Amend ments Schedule 1
Amend ments relating to digital data services Part 3
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 17
93 Subparagraph 22(3)(a)(i)
1
Omit ", or a digital data service provider,".
2
94 Paragraph 22A(1)(b)
3
Repeal the paragraph.
4
95 Paragraph 23(1)(e)
5
Omit "provider;", substitute "provider.".
6
96 Paragraph 23(1)(f)
7
Repeal the paragraph.
8
97 Sections 159A and 159B
9
Repeal the sections.
10
98 Transitional
--the ACMA's record
-keeping rules
11
Paragraph 529(4)(b) of the Telecommunications Act 1997 continues to
12
apply on and after the day on which this item commences in relation to
13
the keeping of records:
14
(a) created before the day on which the item commences; and
15
(b) that contain information that is relevant to the performance of
16
functions, or the exercise of powers, conferred on the
17
Australian Communications and Media Authority;
18
as if the reference to Part 2 of the Telecommunications (Consumer
19
Protection and Service Standards) Act 1999 in that paragraph included
20
a reference to Part 2 of that Act as in force immediately before the
21
commencement of this item.
22
99 Application
--
claims for levy credit
23
(1)
The repeal and substitution of subsections 20J(1), (2) and (3) of the
24
Telecommunications (Consumer Protection and Service Standards) Act
25
1999 made by item 86 of this Part applies, in relation to a digital data
26
service provider, to all claim periods starting on 1 July 2009, and to all
27
later claim periods.
28
(2)
In this item:
29
claim period has the same meaning as in the Telecommunications
30
(Consumer Protection and Service Standards) Act 1999.
31
Schedule 1 A mendments
Part 3 A mend ments relating to digital data services
18 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
digital data service provider has the same meaning as in the
1
Telecommunications (Consumer Protection and Service Standards) Act
2
1999 (as in force immediately before the commencement of this item).
3
100 Transitional
--
claims for levy credit
4
(1)
Despite the repeal and substitution of subsections 20J(1), (2) and (3) of
5
the Telecommunications (Consumer Protection and Service Standards)
6
Act 1999 made by item 86 of this Part:
7
(a) a determination under subsection 20J(1) of the old law that
8
was in force immediately before the commencement of this
9
item has effect, after that commencement, as if it had been
10
made under subsection 20J(1) of the new law; and
11
(b) a form approved by the Australian Communications and
12
Media Authority under subsection 20J(3) of the old law has
13
effect, under the new law, as if it had been approved under
14
subsection 20J(3) of the new law.
15
(2)
In this item:
16
new law means the Telecommunications (Consumer Protection and
17
Service Standards) Act 1999 as in force immediately after the
18
commencement of this item.
19
old law means the Telecommunications (Consumer Protection and
20
Service Standards) Act 1999 as in force immediately before the
21
commencement of this item.
22
101 Transitional
--
information obtained from or relating to a
23
digital data service provider
24
(1)
Despite the amendment of subparagraph 22(3)(a)(i) of the
25
Telecommunications (Consumer Protection and Service Standards) Act
26
1999 made by item 93 of this Part, subsection 22(3) of that Act
27
continues to apply in relation to information (other than information
28
prescribed for the purposes of paragraph 22(3)(a) of that Act) that was
29
obtained from, or relates to, a digital data service provider for a claim
30
period.
31
(2)
In this item:
32
claim period has the same meaning as in the Telecommunications
33
(Consumer Protection and Service Standards) Act 1999.
34
Amend ments Schedule 1
Amend ments relating to digital data services Part 3
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 19
digital data service provider has the same meaning as in the
1
Telecommunications (Consumer Protection and Service Standards) Act
2
1999 (as in force immediately before the commencement of this item).
3
102 Transitional
--
digital data service providers may request
4
information
5
(1)
Despite the repeal of paragraph 22A(1)(b) of the Telecommunications
6
(Consumer Protection and Service Standards) Act 1999 made by
7
item 94 of this Part, section 22A of that Act continues to apply in
8
relation to a person who was a digital data service provider for a claim
9
period ending before 1 July 2009 as if that person were an eligible
10
person for the purposes of that section.
11
(2)
In this item:
12
claim period has the same meaning as in the Telecommunications
13
(Consumer Protection and Service Standards) Act 1999.
14
digital data service provider has the same meaning as in the
15
Telecommunications (Consumer Protection and Service Standards) Act
16
1999 (as in force immediately before the commencement of this item).
17
Telecommunications (Universal Service Levy) Act 1997
18
103 Title
19
Omit ", prescribed carriage services and digital data services",
20
substitute "and prescribed carriage services".
21
Telstra Corporation Act 1991
22
104 Part 2C (heading)
23
Repeal the heading, substitute:
24
Part 2C--Re-affirmation of the universal service
25
obligation and the customer service
26
guarantee
27
105 Paragraph 8CM(1)(a)
28
Omit ", payphones and digital data services", substitute "and
29
payphones".
30
Schedule 1 A mendments
Part 3 A mend ments relating to digital data services
20 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Note:
The heading to section 8CM is altered by omitting "and digital data service
1
obligation".
2
106 Paragraph 8CM(1)(b)
3
Repeal the paragraph, substitute:
4
(b) that the universal service obligation described in section 9 of
5
the Telecommunications (Consumer Protection and Service
6
Standards) Act 1999 should be fulfilled as efficiently and
7
economically as practicable.
8
Trade Practices Act 1974
9
107 Paragraph 151CM(1)(c)
10
Omit "charges); and", substitute "charges).".
11
108 Paragraph 151CM(1)(d)
12
Repeal the paragraph.
13
109 Subsection 151CM(5) (definition of digital data service
14
provider)
15
Repeal the definition.
16
17
Repeal of Acts etc. Schedule 2
Repeals Part 1
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 21
Schedule 2
--
Repeal of Acts etc.
1
Part 1
--
Repeals
2
APEC Public Holiday Act 2007
3
1 The whole of the Act
4
Repeal the Act.
5
Delivered Meals Subsidy Act 1970
6
2 The whole of the Act
7
Repeal the Act.
8
Home Nursing Subsidy Act 1956
9
3 The whole of the Act
10
Repeal the Act.
11
Income Tax (Franking Deficit) Act 1987
12
4 The whole of the Act
13
Repeal the Act.
14
Nursing Homes Assistance Act 1974
15
5 The whole of the Act
16
Repeal the Act.
17
States Grants (Home Care) Act 1969
18
6 The whole of the Act
19
Repeal the Act.
20
Schedule 2 Repeal of Acts etc.
Part 1 Repeals
22 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
States Grants (Nurse Education Transfer Assistance) Act
1
1985
2
7 The whole of the Act
3
Repeal the Act.
4
States Grants (Paramedical Services) Act 1969
5
8 The whole of the Act
6
Repeal the Act.
7
8
Repeal of Acts etc. Schedule 2
Amend ments consequential on repeals Part 2
Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009 23
Part 2
--
Amendments consequential on repeals
1
Aged or Disabled Persons Care Act 1954
2
9 Subsection 2(1) (sub-subparagraph (d)(ii)(C) of the
3
definition of eligible person)
4
Omit "or the Nursing Homes Assistance Act 1974".
5
10 Subsection 2(1) (paragraph (d) of the definition of hostel)
6
Omit "or the Nursing Homes Assistance Act 1974".
7
11 Subsection 10C(3)
8
Omit "or the Nursing Homes Assistance Act 1974".
9
Higher Education Funding Act 1988
10
12 Subsections 18(3) and (4)
11
Repeal the subsections.
12
National Health Act 1953
13
13 Subsection 105AAB(8)
14
Repeal the subsection.
15
16
Schedule 2 Repeal of Acts etc.
Part 3 Matters relating to the repeal of the Income Tax (Franking Deficit) Act 1987
24 Statute Stocktake (Regulatory and Other Laws) Bill 2009 No. , 2009
Part 3
--
Matters relating to the repeal of the Income
1
Tax (Franking Deficit) Act 1987
2
14 Application of item 4 of Schedule 2
3
The repeal made by item 4 of Schedule 2 applies:
4
(a) so far as it affects assessments--to assessments for the
5
2006-07 income year and all later income years; and
6
(b) otherwise--to acts done or omitted to be done, or states of
7
affairs existing, after 14 September 2006.
8
15 Making and amending assessments, and doing other
9
things, in relation to past matters
10
Even though the Income Tax (Franking Deficit) Act 1987 is repealed by
11
item 4 of this Schedule, the repeal is disregarded for the purpose of
12
doing any of the following under any Act or legislative instrument
13
(within the meaning of the Legislative Instruments Act 2003):
14
(a) making or amending an assessment (including under a
15
provision that is itself repealed or amended);
16
(b) exercising any right or power, performing any obligation or
17
duty or doing any other thing (including under a provision
18
that is itself repealed or amended);
19
in relation to any act done or omitted to be done, any state of affairs
20
existing, or any period ending, before the repeal applies.
21
16 Repeal is disregarded for the purposes of dependent
22
provisions
23
If the operation of a provision (the subject provision) of any Act or
24
legislative instrument (within the meaning of the Legislative
25
Instruments Act 2003) made under any Act depends to any extent on the
26
Income Tax (Franking Deficit) Act 1987, or a provision of that Act, the
27
repeal of that Act by item 4 of this Schedule is disregarded so far as it
28
affects the operation of the subject provision.
29
17 No limitation on the operation of section 8 of the Acts
30
Interpretation Act 1901
31
Items 15 and 16 of this Schedule do not limit the operation of section 8
32
of the Acts Interpretation Act 1901.
33