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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Disability Services and Inclusion
(Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
(Social Services)
A Bill for an Act to deal with repeals, consequential
amendments and transitional matters arising from
the enactment of the
Disability Services and
Inclusion Act 2023
, and for related purposes
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Repeals
3
Disability Services Act 1986
3
Schedule 2
--
Consequential amendments
4
Aged Care Act 1997
4
Aged Care Quality and Safety Commission Act 2018
4
Age Discrimination Act 2004
4
Australian Hearing Services Act 1991
4
Child Support (Registration and Collection) Act 1988
4
Freedom of Information Act 1982
5
Hearing Services Administration Act 1997
5
Human Services (Centrelink) Act 1997
5
Human Services (Medicare) Act 1973
5
Income Tax Assessment Act 1997
5
Military Rehabilitation and Compensation Act 2004
6
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
6
Social Security Act 1991
6
Veterans' Entitlements Act 1986
11
Schedule 3
--
Application and saving provisions
13
Part 1
--
Preliminary
13
Part 2
--
Operation of new Act
14
Part 3
--
Operation of old Act
15
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
1
A Bill for an Act to deal with repeals, consequential
1
amendments and transitional matters arising from
2
the enactment of the
Disability Services and
3
Inclusion Act 2023
, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Disability Services and Inclusion (Consequential
7
Amendments and Transitional Provisions) Act 2023
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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
3
At the same time as the
Disability Services
and Inclusion Act 2023
commences.
However, the provisions do not commence
at all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Repeals
Schedule 1
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
3
Schedule
1--Repeals
1
2
Disability Services Act 1986
3
1 The whole of the Act
4
Repeal the Act.
5
Schedule 2
Consequential amendments
4
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
Schedule
2--Consequential amendments
1
2
Aged Care Act 1997
3
1 Subsection 86-3(4) (paragraph (f) of the definition of
4
receiving Commonwealth body
)
5
Omit "
Disability Services Act 1986
", substitute "
Disability Services and
6
Inclusion Act 2023
".
7
Aged Care Quality and Safety Commission Act 2018
8
2 Subsection 61(3) (paragraph (e) of the definition of
9
receiving Commonwealth body
)
10
Omit "
Disability Services Act 1986
", substitute "
Disability Services and
11
Inclusion Act 2023
".
12
Age Discrimination Act 2004
13
3 Paragraph 41(1)(f)
14
Repeal the paragraph, substitute:
15
(f) the
Disability Services and Inclusion Act 2023
; or
16
Australian Hearing Services Act 1991
17
4 Subsection 8(3)
18
Omit "any principles, objectives and guidelines formulated under
19
section 5 of the
Disability Services Act 1986
", substitute "the objects of
20
the
Disability Services and Inclusion Act 2023
and the principles set out
21
in section 4
of that Act".
22
Child Support (Registration and Collection) Act 1988
23
5 Subsection 16AB(3) (paragraph (f) of the definition of
24
designated program Act
)
25
Repeal the paragraph, substitute:
26
(f) the
Disability Services and Inclusion Act 2023
; or
27
Consequential amendments
Schedule 2
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
5
Freedom of Information Act 1982
1
6 Schedule 3
2
Omit:
3
Disability Services Act 1986
, subsections 28(2) and (6)
substitute:
4
Disability Services and Inclusion Act 2023
, section 28
Hearing Services Administration Act 1997
5
7 Paragraph 5(2)(g)
6
Omit "the provision of a service under a rehabilitation program under
7
Part III of the
Disability Services Act 1986
", substitute "the provision of
8
an employment service under Part II of, or the provision of a service
9
under a rehabilitation program under Part III of, the former
Disability
10
Services Act 1986
"
.
11
Human Services (Centrelink) Act 1997
12
8 Subsection 40A(3) (paragraph (f) of the definition of
13
designated program Act
)
14
Repeal the paragraph, substitute:
15
(f) the
Disability Services and Inclusion Act 2023
; or
16
Human Services (Medicare) Act 1973
17
9 Subsection 43A(3) (paragraph (f) of the definition of
18
designated program Act
)
19
Repeal the paragraph, substitute:
20
(f) the
Disability Services and Inclusion Act 2023
; or
21
Income Tax Assessment Act 1997
22
10 Section 53-10 (table item 2)
23
After "
Part I
II of the", insert "former".
24
Schedule 2
Consequential amendments
6
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
Military Rehabilitation and Compensation Act 2004
1
11 Subsection 409(5) (paragraph (f) of the definition of
2
receiving Commonwealth body
)
3
Omit "
Disability Services Act 1986
", substitute "
Disability Services and
4
Inclusion Act 2023
".
5
Safety, Rehabilitation and Compensation (Defence
-
related
6
Claims) Act 1988
7
12 Subsection 151A(4) (paragraph (f) of the definition of
8
receiving Commonwealth body
)
9
Omit "
Disability Services Act 1986
", substitute "
Disability Services and
10
Inclusion Act 2023
".
11
Social Security Act 1991
12
13 Paragraph 8(8)(f)
13
After "
Part I
II of the", insert "former".
14
14 After paragraph 8(8)(f)
15
Insert:
16
(fa) the value of supports or services that are specified in an
17
instrument under subsection (8AAAB) and are provided
18
under an arrangement or grant under the
Disability Services
19
and Inclusion Act 2023
;
20
15 Before subsection 8(8AAA)
21
Insert:
22
(8AAAB) The Secretary may, by legislative instrument, specify supports or
23
services for the purposes of paragraph (8)(fa). The supports or
24
services must be employment supports or services
within the
25
meaning of the
Disability Services and Inclusion Act 2023
.
26
Consequential amendments
Schedule 2
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
7
16 Subsection 23(1) (paragraph (b) of the definition of
1
program of assistance
)
2
After
"
section 7
of the",
insert
"former".
3
17 Subsection 23(1) (paragraph (a) of the definition of
4
rehabilitation program
)
5
After
"of the",
insert
"former".
6
18 Subparagraph 23(4B)(a)(ii)
7
After "rehabilitation program", insert "or from the provision of supports
8
or services specified in an instrument under subsection (4BA) and
9
provided under an arrangement or grant under the
Disability Services
10
and Inclusion Act 2023
".
11
19 After subsection 23(4B)
12
Insert:
13
(4BA) The Secretary may, by legislative instrument, specify supports or
14
services for the purposes of subparagraph (4B)(a)(ii). The supports
15
or services must be employment supports or services
within the
16
meaning of the
Disability Services and Inclusion Act 2023
.
17
20 Paragraph 31(a)
18
After "of the", insert "former".
19
21 Paragraph 33(1)(a)
20
After "administering the", insert "former".
21
22 Subsection 94E(2)
22
Repeal the subsection, substitute:
23
(2) A person is covered by a participation exemption for a period if the
24
person is throughout the period:
25
(a) in employment that is supported by supported employment
26
services within the meaning of section 7 of the former
27
Disability Services Act 1986
; or
28
(b) in employment that is supported by supports or services that
29
are specified in an instrument under subsection (3) of this
30
Schedule 2
Consequential amendments
8
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
section and are provided under an arrangement or grant under
1
the
Disability Services and Inclusion Act 2023
.
2
(3) The Secretary may, by legislative instrument, specify supports or
3
services for the purposes of paragraph (2)(b). The supports or
4
services must be employment supports or services
within the
5
meaning of the
Disability Services and Inclusion Act 2023
.
6
23 Subparagraph 1035(1)(h)(ii)
7
After "vocational rehabilitation program", insert "or the p
erson is being
8
provided with supports or services that are specified in an instrument
9
under subsection (2A) and are provided under an arrangement or grant
10
under the
Disability Services and Inclusion Act 2023
".
11
24 Subsection 1035(2)
12
Omit "undertaking".
13
25 Paragraph 1035(2)(a)
14
Before "gainful", insert "undertaking".
15
26 Paragraph 1035(2)(b)
16
Before "vocational", insert "undertaking".
17
27 Paragraph 1035(2)(c)
18
Before "job", insert "undertaking".
19
28 Paragraph 1035(2)(d)
20
Before "voluntary", insert "undertaking".
21
29 Paragraph 1035(2)(e)
22
Before "a", insert "undertaking".
23
30 At the end of paragraph 1035(2)(e)
24
Add "or being provided with supports or services
that are specified in
25
an instrument under subsection (2A) and are provided under an
26
arrangement or grant under the
Disability Services and Inclusion Act
27
2023
".
28
Consequential amendments
Schedule 2
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
9
31 After subsection 1035(2)
1
Insert:
2
(2A) The Secretary may, by legislative instrument, specify supports or
3
services for the purposes of subparagraph (1)(h)(ii) or
4
paragraph (2)(e). The supports or services must be employment
5
supports or services
within the meaning of the
Disability Services
6
and Inclusion Act 2023
.
7
32 Subsection 1035(3) (definition of
vocational rehabilitation
8
program
)
9
After "of the", insert "former".
10
33 Subsection 1035(3) (definition of
vocational training
)
11
Repeal the definition, substitute:
12
vocational training
means vocational training within the meaning
13
of section 19, other than training provided as:
14
(a) part of a rehabilitation program or follow-up program under
15
Part III of the former
Disability Services Act 1986
; or
16
(b) part of supports or services that are covered by an instrument
17
in force under subsection (2A) of this section and are
18
provided under an arrangement or grant under the
Disability
19
Services and Inclusion Act 2023
.
20
34 Paragraph 1035A(8)(c)
21
After "of the", insert "former".
22
35 After paragraph 1035A(8)(c)
23
Insert:
24
(ca) the work is not performed by the person in the course of
25
employment that is supported by supports or services that are
26
specified in an instrument under subsection (10) and are
27
provided under an arrangement or grant under the
Disability
28
Services and Inclusion Act 2023
; and
29
36 Paragraph 1035A(9)(e)
30
After "of the", insert "former".
31
Schedule 2
Consequential amendments
10
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
37 After paragraph 1035A(9)(e)
1
Insert:
2
(ea) the work has not been performed by the person in the course
3
of employment that is or was supported by supports or
4
services that are specified in an instrument under
5
subsection (10) and are provided under an arrangement or
6
grant under the
Disability Services and Inclusion Act 2023
;
7
and
8
38 At the end of section 1035A
9
Add:
10
(10) The Secretary may, by legislative instrument, specify supports or
11
services for the purposes of paragraph (8)(ca) or (9)(ea). The
12
supports or services must be employment supports or services
13
within the meaning of the
Disability Services and Inclusion Act
14
2023
.
15
39 At the end of subparagraph 1046(2)(b)(vi)
16
Add "or to be provided with
supports or services that are specified in an
17
instrument under subsection (2AA) and are provided under an
18
arrangement or grant under the
Disability Services and Inclusion Act
19
2023
".
20
40 After subsection 1046(2)
21
Insert:
22
(2AA) The Secretary may, by legislative instrument, specify supports or
23
services for the purposes of subparagraph (2)(b)(vi). The supports
24
or services must be employment supports or services
within the
25
meaning of the
Disability Services and Inclusion Act 2023
.
26
41 Subsection 1046(6) (definition of
vocational rehabilitation
27
program
)
28
After "of the", insert "former".
29
42 Subsection 1046(6) (definition of
vocational training
)
30
Repeal the definition, substitute:
31
Consequential amendments
Schedule 2
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
11
vocational training
means vocational training within the meaning
1
of section 19, other than training provided as:
2
(a) part of a rehabilitation program or follow-up program under
3
Part III of the former
Disability Services Act 1986
; or
4
(b) part of supports or services that are covered by an instrument
5
in force under subsection (2AA) of this section and are
6
provided under an arrangement or grant under the
Disability
7
Services and Inclusion Act 2023
.
8
Veterans' Entitlements Act 1986
9
43 Paragraph 5H(8)(m)
10
After "
Part I
II of the", insert "former".
11
44 After paragraph 5H(8)(m)
12
Insert:
13
(maa) the value of supports or services that are specified in an
14
instrument under subsection 8(8AAAB) of the Social
15
Security Act and are provided under an arrangement or grant
16
under the
Disability Services and Inclusion Act 2023
;
17
45 Section 131 (paragraph (g) of the definition of
receiving
18
Commonwealth body
)
19
Omit "
Disability Services Act 1986
", substitute "
Disability Services and
20
Inclusion Act 2023
".
21
46 Saving provisions
22
(1)
Paragraph 41(1)(f) of the
Age Discrimination Act 2004
, as in force
23
immediately before the commencement of this item, continues to apply
24
on and after that commencement in relation to anything done by a
25
person in direct compliance with the
Disability Services Act 1986
(as its
26
application is continued by Schedule 3 to this Act).
27
(2)
Section 16AB of the
Child Support (Registration and Collection) Act
28
1988
applies on and after the commencement of this item as if a
29
reference in paragraph (f) of the definition of
designated program Act
30
in subsection 16AB(3) of that Act to the
Disability Services and
31
Schedule 2
Consequential amendments
12
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
Inclusion Act 2023
included a reference to the former
Disability
1
Services Act 1986
.
2
(3)
Section 38 of the
Freedom of Information Act 1982
, and Schedule 3 to
3
that Act, apply on and after the commencement of this item as if a
4
reference in that Schedule to section 28 of the
Disability Services and
5
Inclusion Act 2023
included a reference to subsections 28(2) and (6) of
6
the former
Disability Services Act 1986
.
7
(4)
Section 40A of the
Human Services (Centrelink) Act 1997
applies on
8
and after the commencement of this item as if a reference in
9
paragraph (f) of the definition of
designated program Act
in
10
subsection 40A(3) of that Act to the
Disability Services and Inclusion
11
Act 2023
included a reference to the former
Disability Services Act
12
1986
.
13
(5)
Section 43A of the
Human Services (Medicare) Act 1973
applies on and
14
after the commencement of this item as if a reference in paragraph (f) of
15
the definition of
designated program Act
in subsection 43A(3) of that
16
Act to the
Disability Services and Inclusion Act 2023
included a
17
reference to the former
Disability Services Act 1986
.
18
Application and saving provisions
Schedule 3
Preliminary
Part 1
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
13
Schedule
3--Application and saving
1
provisions
2
Part
1--Preliminary
3
1 Definitions
4
In this Schedule:
5
commencement day
means the day the new Act commences.
6
new Act
means the
Disability Services and Inclusion Act 2023
.
7
2 Section 7 of the
Acts Interpretation Act 1901
8
This Schedule does not limit the effect of section 7 of the
Acts
9
Interpretation Act 1901
as it applies in relation to the repeals and
10
amendments made by this Act.
11
Schedule 3
Application and saving provisions
Part 2
Operation of new Act
14
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
Part
2--Operation of new Act
1
3 Application provision
--
funding arrangements and grants
2
The new Act applies in relation to arrangements, and grants of financial
3
assistance, made under Part 2 of the new Act on or after the
4
commencement day.
5
Note:
The effect of this item is to make clear that the new Act does not apply in relation to
6
(and cannot be used to vary or administer) arrangements or grants of financial assistance
7
made under the former
Disability Services Act 1986
, section 32B of the
Financial
8
Framework (Supplementary Powers) Act 1997
or any other law of the Commonwealth.
9
Application and saving provisions
Schedule 3
Operation of old Act
Part 3
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
15
Part
3--Operation of old Act
1
4 Saving provisions
--
grants of financial assistance and
2
agreements
3
(1)
Despite the repeal of the
Disability Services Act 1986
made by
4
Schedule 1, Part II of that Act, as in force immediately before the
5
commencement day, continues to apply on and after that day in relation
6
to the following:
7
(a) approvals of the making of grants of financial assistance
8
(including transitional grants), where the approvals were
9
made under Part II of that Act before that day;
10
(b) grants of financial assistance (including transitional grants),
11
made under that Act before, on or after that day in connection
12
with such approvals;
13
(c) agreements entered into under Division 4 of Part II of that
14
Act before, on or after that day in connection with such
15
approvals.
16
Note:
The effect of this subitem is to make clear that grants of financial assistance made under
17
Part II of that Act before, on or after the commencement day, in connection with such
18
approvals, can continue to be administered under that Act on and after that day.
19
(2)
An instrument in force for the purposes of paragraph (h) of the
20
definition of
research or development activity
in section 7 of the
21
Disability Services Act 1986
immediately before the commencement
22
day continues in force on and after that day in relation to the continued
23
application of Part II of that Act on and after that day.
24
(3)
An instrument in force under section 9, 9A or 9B of the
Disability
25
Services Act 1986
immediately before the commencement day
26
continues in force on and after that day in relation to the continued
27
application of Part II of that Act on and after that day.
28
5 Saving provision
--
principles, objectives, guidelines and
29
standards
30
An instrument in force under section 5 or 5A of the
Disability Services
31
Act 1986
immediately before the commencement day continues in force
32
on and after that day in relation to the continued application of Parts II
33
and III of that Act on and after that day.
34
Schedule 3
Application and saving provisions
Part 3
Operation of old Act
16
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
6 Saving provisions
--
accreditation and certificates of
1
compliance
2
(1)
An approval in force under section 6B of the
Disability Services Act
3
1986
immediately before the commencement day continues in force on
4
and after that day in relation to the continued application of Parts II and
5
III of that Act on and after that day.
6
(2)
An accreditation in force under Part IA of the
Disability Services Act
7
1986
immediately before the commencement day continues in force on
8
and after that day in relation to the continued application of Parts II and
9
III of that Act on and after that day.
10
(3)
Sections 6D, 6DA and 6E of the
Disability Services Act 1986
, as in
11
force immediately before the commencement day, continue to apply on
12
and after that day in relation to the continued application of Parts II and
13
III of that Act on and after that day.
14
7 Saving provisions
--
Disability Standards Review Panels
15
(1)
A Disability Standards Review Panel for a State or Territory that was
16
established under section 14B of the
Disability Services Act 1986
before
17
the commencement day and that was in existence immediately before
18
that day continues in existence on and after that day in relation to grants
19
of financial assistance (including transitional grants) made under that
20
Act before, on or after that day.
21
(2)
An instrument in force under section 14F of the
Disability Services Act
22
1986
immediately before the commencement day continues in force on
23
and after that day in relation to the continued application of Part II of
24
that Act on and after that day.
25
(3)
Divisions 3A and 3B of Part II of the
Disability Services Act 1986
, as in
26
force immediately before the commencement day, continue to apply on
27
and after that day in relation to the following:
28
(a) a Disability Standards Review Panel for a State or Territory
29
continued in existence by this item;
30
(b) an instrument in force under section 14F of that Act
31
immediately before that day.
32
Application and saving provisions
Schedule 3
Operation of old Act
Part 3
No. , 2023
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
17
8 Saving provisions
--
provision of rehabilitation services by
1
the Commonwealth
2
(1)
Despite the repeal of the
Disability Services Act 1986
made by
3
Schedule 1, Part III of that Act, as in force immediately before the
4
commencement day, continues to apply on and after that day in relation
5
to measures taken, or arrangements entered into, under section 20 of
6
that Act before that day to provide rehabilitation programs or follow-up
7
programs.
8
Note:
The effect of this subitem is to make clear that those measures or arrangements can
9
continue to have effect on and after the commencement day.
10
(2)
An instrument in force under subsection 24(2) of the
Disability Services
11
Act 1986
immediately before the commencement day continues in force
12
on and after that day in relation to the continued application of Part III
13
of that Act on and after that day.
14
(3)
Section 25 of the
Disability Services Act 1986
, as in force immediately
15
before the commencement day, continues to apply on and after that day
16
in relation to an arrangement entered into before, on or after that day in
17
relation to the continued application of Part III of that Act on and after
18
that day.
19
(4)
Section 26 of the
Disability Services Act 1986
, as in force immediately
20
before the commencement day, continues to apply on and after that day
21
in relation to a decision made under Part III of that Act before, on or
22
after that day.
23
(5)
Section 27 of the
Disability Services Act 1986
, as in force immediately
24
before the commencement day, continues to apply on and after that day
25
in relation to a notice served on a person before, on or after that day in
26
relation to the continued application of Part III of that Act on and after
27
that day.
28
(6)
Section 28 of the
Disability Services Act 1986
, as in force immediately
29
before the commencement day, continues to apply on and after that day
30
in relation to the making of a record of information, or the divulging of
31
information, before, on or after that day that is with respect to the affairs
32
of a person acquired in the performance of duties or exercise of powers
33
under Part III of that Act before, on or after that day.
34
Schedule 3
Application and saving provisions
Part 3
Operation of old Act
18
Disability Services and Inclusion (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
9 Saving provision
--
delegations
1
An instrument in force under section 33 or 34 of the
Disability Services
2
Act 1986
immediately before the commencement day continues in force
3
on and after that day in relation to the continued application of Parts II
4
and III of that Act on and after that day.
5
10 Transitional rules
6
(1)
The Minister may, by legislative instrument, make rules prescribing
7
matters of a transitional nature (including prescribing any saving or
8
application provisions) relating to:
9
(a) the enactment of the
Disability Services and Inclusion Act
10
2023
; or
11
(b) the amendments or repeals made by Schedule 1 or 2.
12
(2)
To avoid doubt, the rules may not do the following:
13
(a) create an offence or civil penalty;
14
(b) provide powers of:
15
(i) arrest or detention; or
16
(ii) entry, search or seizure;
17
(c) impose a tax;
18
(d) set an amount to be appropriated from the Consolidated
19
Revenue Fund under an appropriation in this Act;
20
(e) directly amend the text of this Act.
21
(3)
Items 4 to 9 of this Part do not limit the rules that may be made for the
22
purposes of subitem (1) of this item.
23