Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Emergency Response Fund
(Consequential Amendments) Bill 2019
No. , 2019
(Finance)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Emergency
Response Fund Act 2019, and for other purposes
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--General amendments
3
Aboriginal and Torres Strait Islander Land and Sea Future Fund Act
2018
3
COAG Reform Fund Act 2008
3
DisabilityCare Australia Fund Act 2013
4
Future Drought Fund Act 2019
4
Future Fund Act 2006
5
Medical Research Future Fund Act 2015
9
Schedule 2--Abolition of the Education Investment Fund
10
Part 1--Repeal of the Nation-building Funds Act 2008
10
Nation-building Funds Act 2008
10
Part 2--Amendments
11
Aboriginal and Torres Strait Islander Land and Sea Future Fund Act
2018
11
COAG Reform Fund Act 2008
11
DisabilityCare Australia Fund Act 2013
11
Future Drought Fund Act 2019
12
Future Fund Act 2006
12
Medical Research Future Fund Act 2015
14
Part 3--Transitional provisions
15
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Emergency
2
Response Fund Act 2019, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Emergency Response Fund (Consequential
6
Amendments) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as the Emergency
Response Fund Act 2019 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
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
General amendments Schedule 1
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
3
Schedule 1--General amendments
1
2
Aboriginal and Torres Strait Islander Land and Sea Future
3
Fund Act 2018
4
1 After subparagraph 16(a)(i)
5
Insert:
6
(ia) paragraph 15(e) of the Emergency Response Fund Act
7
2019; or
8
2 After subparagraph 16(b)(i)
9
Insert:
10
(ia) paragraph 15(f) of the Emergency Response Fund Act
11
2019; or
12
3 After subparagraph 16(c)(i)
13
Insert:
14
(ia) a paragraph of section 15 of the Emergency Response
15
Fund Act 2019; or
16
COAG Reform Fund Act 2008
17
4 Subsection 5(2) (before note 3)
18
Insert:
19
Note 2AC: An amount originating in the Emergency Response Fund may be
20
transferred to the COAG Reform Fund--see the Emergency Response
21
Fund Act 2019.
22
5 Before paragraph 7(1)(d)
23
Insert:
24
(bac) the grant is not covered by section 33 of the Emergency
25
Response Fund Act 2019; and
26
6 Subsection 7(3) (before note 3)
27
Insert:
28
Note 1AC: The provision referred to in paragraph (1)(bac) deals with the
29
channelling, through the COAG Reform Fund, of State/Territory
30
Schedule 1 General amendments
4
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
grants payments from the Emergency Response Fund established by
1
the Emergency Response Fund Act 2019. For terms and conditions of
2
those grants, see the Emergency Response Fund Act 2019.
3
DisabilityCare Australia Fund Act 2013
4
7 After subparagraph 16(a)(i)
5
Insert:
6
(ia) paragraph 15(e) of the Emergency Response Fund Act
7
2019; or
8
8 After subparagraph 16(b)(i)
9
Insert:
10
(ia) paragraph 15(f) of the Emergency Response Fund Act
11
2019; or
12
9 After subparagraph 16(c)(i)
13
Insert:
14
(ia) a paragraph of section 15 of the Emergency Response
15
Fund Act 2019; or
16
Future Drought Fund Act 2019
17
10 After subparagraph 17(a)(ii)
18
Insert:
19
(iia) paragraph 15(e) of the Emergency Response Fund Act
20
2019; or
21
11 After subparagraph 17(b)(ii)
22
Insert:
23
(iia) paragraph 15(f) of the Emergency Response Fund Act
24
2019; or
25
12 After subparagraph 17(c)(ii)
26
Insert:
27
(iia) a paragraph of section 15 of the Emergency Response
28
Fund Act 2019; or
29
General amendments Schedule 1
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
5
Future Fund Act 2006
1
13 Section 4 (note)
2
After "DisabilityCare Australia Fund Act 2013,", insert "the Emergency
3
Response Fund Act 2019,".
4
14 Section 5
5
Insert:
6
Emergency Management Minister has the same meaning as in the
7
Emergency Response Fund Act 2019.
8
Emergency Response Fund means the Emergency Response Fund
9
established by section 9 of the Emergency Response Fund Act
10
2019.
11
Emergency Response Fund Special Account means the
12
Emergency Response Fund Special Account established by
13
section 12 of the Emergency Response Fund Act 2019.
14
15 Section 13 (note 2A)
15
After "DisabilityCare Australia Fund, ", insert "the Emergency
16
Response Fund,".
17
16 After paragraph 28(5)(ba)
18
Insert:
19
(bab) the Emergency Response Fund Act 2019;
20
17 After paragraph 28(5)(g)
21
Insert:
22
(ga) subsection 50(1) of the Emergency Response Fund Act 2019;
23
18 Section 33 (note)
24
After "DisabilityCare Australia Fund Act 2013,", insert "the Emergency
25
Response Fund Act 2019,".
26
19 After subparagraph 35(b)(iii)
27
Insert:
28
(iiia) the Emergency Response Fund Act 2019; or
29
Schedule 1 General amendments
6
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
20 After paragraph 55(3)(b)
1
Insert:
2
(ba) the Emergency Response Fund Act 2019; and
3
21 After paragraph 63(1)(c)
4
Insert:
5
(ca) the Emergency Response Fund Act 2019; or
6
22 After paragraph 63(2)(ab)
7
Insert:
8
(aba) the Emergency Response Fund Act 2019; or
9
23 After subsection 81(1D)
10
Insert:
11
Emergency Response Fund
12
(1DA) A report under subsection (1) for a period must include a report of
13
the following during the period:
14
(a) the performance of the investments of the Emergency
15
Response Fund;
16
(b) the total amount debited from the Emergency Response Fund
17
Special Account for the purpose mentioned in
18
paragraph 15(d) of the Emergency Response Fund Act 2019;
19
(c) the total amount debited from the Emergency Response Fund
20
Special Account for the purpose mentioned in
21
paragraph 16(d) of the Emergency Response Fund Act 2019;
22
(d) the total amount debited from the Emergency Response Fund
23
Special Account for the purpose mentioned in
24
paragraph 16(e) of the Emergency Response Fund Act 2019;
25
(e) the total amount debited from the Emergency Response Fund
26
Special Account for the purpose mentioned in
27
paragraph 16(f) of the Emergency Response Fund Act 2019.
28
24 After subsection 81(2D)
29
Insert:
30
(2DA) A report under this section must include a benchmark in relation to
31
the amounts referred to in paragraphs (1DA)(b) to (e).
32
General amendments Schedule 1
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
7
25 After paragraph 81(4)(d)
1
Insert:
2
(daa) the Emergency Management Minister;
3
26 After paragraph 83B(1)(da)
4
Insert:
5
(daa) subsection 50(1) of the Emergency Response Fund Act 2019;
6
or
7
27 After subparagraph 84(1)(b)(iia)
8
Insert:
9
(iiaa) a provision of the Emergency Response Fund Act 2019;
10
28 After subparagraph 84(1)(b)(vii)
11
Insert:
12
(viia) the Emergency Response Fund Special Account; or
13
29 After subsection 84(4A)
14
Insert:
15
Transfer of amounts to the Emergency Response Fund Special
16
Account
17
(4AA) If an amount is credited to the Fund Account under subsection (1),
18
the nominated Minister may, by writing, direct that a specified
19
amount is to be:
20
(a) debited from the Fund Account; and
21
(b) credited to the Emergency Response Fund Special Account;
22
on a specified day.
23
30 Paragraph 84(5)(b)
24
After "(4A),", insert "(4AA),".
25
31 Subsection 84(6)
26
After "(4A),", insert "(4AA),".
27
32 After subparagraph 2(2)(a)(vi) of Schedule 2
28
Insert:
29
Schedule 1 General amendments
8
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
(via) paragraph 15(e) of the Emergency Response Fund Act
1
2019; or
2
33 After subparagraph 2(2)(b)(vi) of Schedule 2
3
Insert:
4
(via) paragraph 15(f) of the Emergency Response Fund Act
5
2019; or
6
34 After subparagraph 2(2)(c)(vi) of Schedule 2
7
Insert:
8
(via) a paragraph of section 15 of the Emergency Response
9
Fund Act 2019; or
10
35 Clause 1 of Schedule 2A
11
After "DisabilityCare Australia Fund,", insert "the Emergency
12
Response Fund,".
13
36 After clause 5 of Schedule 2A
14
Insert:
15
5A Transfers from the Future Fund to the Emergency Response
16
Fund
17
(1) If an amount is debited from the Emergency Response Fund
18
Special Account for a purpose mentioned in section 16 of the
19
Emergency Response Fund Act 2019, the nominated Minister may,
20
by writing, direct that a specified amount is to be:
21
(a) debited from the Fund Account; and
22
(b) credited to the Emergency Response Fund Special Account;
23
on a specified day.
24
(2) The specified amount must not exceed the amount debited from the
25
Emergency Response Fund Special Account as mentioned in
26
subclause (1).
27
(3) A direction under subclause (1) is not a legislative instrument.
28
General amendments Schedule 1
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
9
Medical Research Future Fund Act 2015
1
37 After subparagraph 19(a)(ia)
2
Insert:
3
(ib) paragraph 15(e) of the Emergency Response Fund Act
4
2019; or
5
38 After subparagraph 19(b)(ia)
6
Insert:
7
(ib) paragraph 15(f) of the Emergency Response Fund Act
8
2019; or
9
39 After subparagraph 19(c)(ia)
10
Insert:
11
(ib) a paragraph of section 15 of the Emergency Response
12
Fund Act 2019; or
13
Schedule 2 Abolition of the Education Investment Fund
Part 1 Repeal of the Nation-building Funds Act 2008
10
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
Schedule 2--Abolition of the Education
1
Investment Fund
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
Abolition of the Education Investment Fund Schedule 2
Amendments Part 2
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
11
Part 2--Amendments
1
Aboriginal and Torres Strait Islander Land and Sea Future
2
Fund Act 2018
3
2 Subparagraph 16(a)(iv)
4
Repeal the subparagraph.
5
3 Subparagraph 16(b)(iv)
6
Repeal the subparagraph.
7
4 Subparagraph 16(c)(iv)
8
Repeal the subparagraph.
9
COAG Reform Fund Act 2008
10
5 Paragraph 7(1)(b)
11
Repeal the paragraph.
12
6 Subsection 7(3) (note 1)
13
Repeal the note.
14
DisabilityCare Australia Fund Act 2013
15
7 Section 4 (definition of financial asset)
16
Repeal the definition, substitute:
17
financial asset has the same meaning as in the Future Fund Act
18
2006.
19
8 Subparagraph 16(a)(iii)
20
Repeal the subparagraph.
21
9 Subparagraph 16(b)(iii)
22
Repeal the subparagraph.
23
Schedule 2 Abolition of the Education Investment Fund
Part 2 Amendments
12
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
10 Subparagraph 16(c)(iii)
1
Repeal the subparagraph.
2
Future Drought Fund Act 2019
3
11 Subparagraph 17(a)(iv)
4
Repeal the subparagraph.
5
12 Subparagraph 17(b)(iv)
6
Repeal the subparagraph.
7
13 Subparagraph 17(c)(iv)
8
Repeal the subparagraph.
9
Future Fund Act 2006
10
14 Section 4 (note)
11
Omit "the Nation-building Funds Act 2008,".
12
15 Section 5
13
Repeal the following definitions:
14
(a) definition of Education Investment Fund;
15
(b) definition of Education Investment Fund Special Account;
16
(c) definition of Education Minister.
17
16 Section 5 (definition of Health Minister)
18
Omit "Nation-building Funds Act 2008", substitute "Medical Research
19
Future Fund Act 2015".
20
17 Section 5 (definition of Research Minister)
21
Repeal the definition.
22
18 Section 13 (note 2A)
23
Omit "the Education Investment Fund,".
24
19 Paragraphs 28(5)(b) and (e)
25
Repeal the paragraphs.
26
Abolition of the Education Investment Fund Schedule 2
Amendments Part 2
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
13
20 Section 33 (note)
1
Omit "the Nation-building Funds Act 2008,".
2
21 Subparagraph 35(b)(ii)
3
Repeal the subparagraph.
4
22 Paragraph 55(3)(a)
5
Repeal the paragraph.
6
23 Paragraph 63(1)(b)
7
Repeal the paragraph.
8
24 Paragraph 63(2)(aa)
9
Repeal the paragraph.
10
25 Subsections 81(1B) and (2B)
11
Repeal the subsections.
12
26 Paragraph 81(4)(b)
13
Repeal the paragraph.
14
27 Paragraph 81(4)(ea)
15
Omit "Minister;", substitute "Minister.".
16
28 Paragraph 81(4)(f)
17
Repeal the paragraph.
18
29 Paragraph 83B(1)(c)
19
Repeal the paragraph.
20
30 Subparagraph 84(1)(b)(ii)
21
Repeal the subparagraph.
22
31 Subparagraph 84(1)(b)(v)
23
Repeal the subparagraph.
24
32 Subsection 84(3)
25
Repeal the subsection.
26
Schedule 2 Abolition of the Education Investment Fund
Part 2 Amendments
14
Emergency Response Fund (Consequential Amendments) Bill 2019
No. , 2019
33 Paragraph 84(5)(b)
1
Omit "(3),".
2
34 Subsection 84(6)
3
Omit "(3),".
4
35 Subparagraphs 2(2)(a)(iii) and (iv), (b)(iii) and (iv) and
5
(c)(iii) and (iv) of Schedule 2
6
Repeal the subparagraphs.
7
36 Clause 1 of Schedule 2A
8
Omit "the Education Investment Fund,".
9
37 Clause 3 of Schedule 2A
10
Repeal the clause.
11
Medical Research Future Fund Act 2015
12
38 Section 4
13
Before "Nation-building Funds Act 2008", insert "repealed".
14
39 Section 10
15
Before "Nation-building Funds Act 2008", insert "repealed".
16
40 Subparagraph 19(a)(iii)
17
Repeal the subparagraph.
18
41 Subparagraph 19(b)(iii)
19
Repeal the subparagraph.
20
42 Subparagraph 19(c)(iii)
21
Repeal the subparagraph.
22
Abolition of the Education Investment Fund Schedule 2
Transitional provisions Part 3
No. , 2019
Emergency Response Fund (Consequential Amendments) Bill 2019
15
Part 3--Transitional provisions
1
43 Transitional
--reporting obligations of the Future Fund
2
Board of Guardians
3
Despite the repeal of the Nation-building Funds Act 2008 by this
4
Schedule, sections 203 and 204 of that Act (which deal with reporting
5
obligations) continue to apply, after the commencement of this item, in
6
relation 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 Education Investment Fund, as if the repeal of
11
those sections had not happened.
12
44 Transitional
--reports
13
Despite the amendments of section 81 of the Future Fund Act 2006
14
made by this Schedule, that section continues to apply, in relation to the
15
annual report for the period in which this item commences, as if those
16
amendments had not been made.
17
45 Transitional rules
18
(1)
The Minister may, by legislative instrument, make rules prescribing
19
matters of a transitional nature (including prescribing any saving or
20
application provisions) relating to the amendments or repeals made by
21
this Schedule.
22
(2)
However, to avoid doubt, the rules may not do the following:
23
(a) create an offence or civil penalty;
24
(b) provide powers of:
25
(i) arrest or detention; or
26
(ii) entry, search or seizure;
27
(c) impose a tax;
28
(d) set an amount to be appropriated from the Consolidated
29
Revenue Fund under an appropriation in this Act;
30
(e) directly amend the text of this Act.
31