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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Nation-building Funds Repeal (National
Disability Insurance Scheme Funding)
Bill 2017
No. , 2017
(Finance)
A Bill for an Act to repeal the Nation-building
Funds Act 2008, and for related purposes
No. , 2017
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Repeal of the Nation-building Funds Act 2008
3
Part 1--Repeal of the Nation-building Funds Act 2008
3
Nation-building Funds Act 2008
3
Part 2--Consequential amendments
4
COAG Reform Fund Act 2008
4
DisabilityCare Australia Fund Act 2013
4
Future Fund Act 2006
4
Health Insurance Act 1973
6
Medical Research Future Fund Act 2015
7
Part 3--Transitional provisions
8
No. , 2017
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
1
A Bill for an Act to repeal the Nation-building
1
Funds Act 2008, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Nation-building Funds Repeal (National Disability
5
Insurance Scheme Funding) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
No. , 2017
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. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Repeal of the Nation-building Funds Act 2008 Schedule 1
Repeal of the Nation-building Funds Act 2008 Part 1
No. , 2017
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
3
Schedule 1--Repeal of the Nation-building
1
Funds Act 2008
2
Part 1--Repeal of the Nation-building Funds Act 2008
3
Nation-building Funds Act 2008
4
1 The whole of the Act
5
Repeal the Act.
6
Schedule 1 Repeal of the Nation-building Funds Act 2008
Part 2 Consequential amendments
4
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
No. , 2017
Part 2--Consequential amendments
1
COAG Reform Fund Act 2008
2
2 Subsection 5(2) (note 2)
3
Repeal the note.
4
3 Paragraph 7(1)(b)
5
Repeal the paragraph.
6
4 Subsection 7(3) (note 1)
7
Repeal the note.
8
DisabilityCare Australia Fund Act 2013
9
5 Section 4 (definition of financial asset)
10
Omit "Nation-building Funds Act 2008", substitute "Future Fund Act
11
2006".
12
6 Subparagraphs 16(a)(iii), (b)(iii) and (c)(iii)
13
Repeal the subparagraphs.
14
Future Fund Act 2006
15
7 Section 4 (note)
16
Omit "the Nation-building Funds Act 2008,".
17
8 Section 5
18
Repeal the following definitions:
19
(a) definition of Building Australia Fund;
20
(b) definition of Building Australia Fund Special Account;
21
(c) definition of Communications Minister;
22
(d) definition of Education Investment Fund;
23
(e) definition of Education Investment Fund Special Account;
24
(f) definition of Education Minister;
25
Repeal of the Nation-building Funds Act 2008 Schedule 1
Consequential amendments Part 2
No. , 2017
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
5
(g) definition of Energy Minister.
1
9 Section 5 (definition of Health Minister)
2
Repeal the definition, substitute:
3
Health Minister means the Minister who administers the Health
4
Insurance Act 1973.
5
10 Section 5
6
Repeal the following definitions:
7
(a) definition of Infrastructure Minister;
8
(b) definition of Research Minister;
9
(c) definition of Water Minister.
10
11 Section 13 (note 2A)
11
Omit "the Building Australia Fund, the Education Investment Fund,".
12
12 Paragraphs 28(5)(b), (d) and (e)
13
Repeal the paragraphs.
14
13 Section 33 (note)
15
Omit "the Nation-building Funds Act 2008,".
16
14 Subparagraph 35(b)(ii)
17
Repeal the subparagraph.
18
15 Paragraph 55(3)(a)
19
Repeal the paragraph.
20
16 Paragraphs 63(1)(b) and (2)(aa)
21
Repeal the paragraphs.
22
17 Subsections 81(1A), (1B), (2A) and (2B)
23
Repeal the subsections.
24
18 Paragraphs 81(4)(a) to (c) and (e)
25
Repeal the paragraphs.
26
Schedule 1 Repeal of the Nation-building Funds Act 2008
Part 2 Consequential amendments
6
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
No. , 2017
19 Paragraph 81(4)(ea)
1
Omit "Minister;", substitute "Minister.".
2
20 Paragraphs 81(4)(f) and (g)
3
Repeal the paragraphs.
4
21 Paragraphs 83B(1)(b) and (c)
5
Repeal the paragraphs.
6
22 Subparagraphs 84(1)(b)(ii), (iv) and (v)
7
Repeal the subparagraphs.
8
23 Subsections 84(2) and (3)
9
Repeal the subsections.
10
24 Paragraph 84(5)(b)
11
Omit "any or all of subsections (2), (3), (4A) and (4B)", substitute
12
"either or both of subsections (4A) and (4B)".
13
25 Subsection 84(6)
14
Omit "(2), (3),".
15
26 Subparagraphs 2(2)(a)(ii) to (iv), (b)(ii) to (iv) and (c)(ii) to
16
(iv) of Schedule 2
17
Repeal the subparagraphs.
18
27 Clause 1 of Schedule 2A
19
Omit "the Building Australia Fund, the Education Investment Fund,".
20
28 Clauses 2 and 3 of Schedule 2A
21
Repeal the clauses.
22
Health Insurance Act 1973
23
29 Subsection 46AA(1) (note)
24
Before "Nation-building Funds Act 2008", insert "repealed".
25
Repeal of the Nation-building Funds Act 2008 Schedule 1
Consequential amendments Part 2
No. , 2017
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
7
Medical Research Future Fund Act 2015
1
30 Section 4
2
Before "Nation-building Funds Act 2008", insert "repealed".
3
31 Section 5 (definitions of Health and Hospitals Fund and
4
Health and Hospitals Fund Special Account)
5
Omit "Nation-building Funds Act 2008 before that section was
6
repealed", substitute "repealed Nation-building Funds Act 2008".
7
32 Section 10
8
Before "Nation-building Funds Act 2008", insert "repealed".
9
33 Subparagraphs 19(a)(iii), (b)(iii) and (c)(iii)
10
Repeal the subparagraphs.
11
Schedule 1 Repeal of the Nation-building Funds Act 2008
Part 3 Transitional provisions
8
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
No. , 2017
Part 3--Transitional provisions
1
34 Reporting obligations of the Future Fund Board of
2
Guardians
3
Despite the repeal of sections 113, 114, 203 and 204 (reporting
4
obligations) of the Nation-building Funds Act 2008 by this Schedule,
5
those sections continue to apply, after this item commences, in relation
6
to:
7
(a) the performance of the Future Fund Board of Guardians'
8
functions; and
9
(b) the operation of the Board;
10
in respect of the repealed Building Australia Fund and Education
11
Investment Fund.
12
35 Agreements under the Nation-building Funds Act 2008
13
(1)
An agreement that is in force under section 179 of the Nation-building
14
Funds Act 2008 immediately before the repeal of that section is taken,
15
after that repeal, to continue in force.
16
(2)
The Minister who administers the Higher Education Support Act 2003
17
may, on behalf of the Commonwealth, vary or revoke an agreement that
18
is taken to continue in force under subitem (1).
19
36 Compliance with statutory duties
20
The amendments of section 63 of the Future Fund Act 2006 made by
21
this Schedule apply in relation to acts done after this item commences.
22
37 Reports
23
(1)
Despite the amendments of section 81 of the Future Fund Act 2006
24
made by this Schedule, that section continues to apply, in relation to the
25
annual report for the period in which this item commences, as if those
26
amendments had not been made.
27
(2)
The annual report given by the Future Fund Board of Guardians to the
28
nominated Minister under section 46 of the Public Governance,
29
Performance and Accountability Act 2013 for a period must include any
30
Repeal of the Nation-building Funds Act 2008 Schedule 1
Transitional provisions Part 3
No. , 2017
Nation-building Funds Repeal (National Disability Insurance Scheme
Funding) Bill 2017
9
debits from the Fund Account after this item commences that relate to
1
the repealed Building Australia Fund or Education Investment Fund.
2
Note:
Debits may be made from the Fund Account after this item commences under
3
subclause 2(2) of Schedule 2 to the Future Fund Act 2006.
4
38 Miscellaneous receipts
5
Section 84 of the Future Fund Act 2006 does not apply in relation to
6
amounts received, after this item commences, by the Future Fund Board
7
of Guardians that relate to the repealed Building Australia Fund or
8
Education Investment Fund.
9
Note:
Amounts received, after this item commences, by the Future Fund Board of Guardians
10
that relate to the repealed Building Australia Fund or Education Investment Fund form
11
part of the Consolidated Revenue Fund, but the amounts are not required to be credited
12
to the Fund Account.
13
39 Transitional rules
14
(1)
The Minister may, by legislative instrument, make rules prescribing
15
matters of a transitional nature (including prescribing any saving or
16
application provisions) relating to the amendments or repeals made by
17
this Act.
18
(2)
However, to avoid doubt, the rules may not do the following:
19
(a) create an offence or civil penalty;
20
(b) provide powers of:
21
(i) arrest or detention; or
22
(ii) entry, search or seizure;
23
(c) impose a tax;
24
(d) set an amount to be appropriated from the Consolidated
25
Revenue Fund under an appropriation in this Act;
26
(e) directly amend the text of this Act.
27
(3)
This Act (other than subitem (2)) does not limit the rules that may be
28
made for the purposes of subitem (1).
29