Explanatory Memorandum
Circulated By the Authority of the Minister for Finance and Deregulation, the Hon Lindsay Tanner MPSchedule 2 - Repeal of Acts
Part 1 - Repeals
Repeal of the APEC Public Holiday Act 2007
126. Item 1 repeals the APEC Public Holiday Act 2007. The purpose of the APEC Public Holiday Act 2007 was to provide for 7 September 2007 as a public holiday for the purposes of federal industrial instruments but only in respect of employment in metropolitan Sydney, which was where the public holiday was observed. The purpose of the public holiday was to facilitate the holding of the APEC meeting in Sydney on that day.
127. The APEC meeting now being over, this Act no longer has any function to perform.
Repeal of the Delivered Meals Subsidy Act 1970
128. Item 2 repeals the Delivered Meals Subsidy Act 1970. The payment of subsidies for delivered meals is now provided for by the Home and Community Care Act 1985. The Delivered Meals Subsidy Act 1970 no longer has any effect and its repeal would have no impact on the payment of subsidies for delivered meals.
Repeal of the Home Nursing Subsidy Act 1956
129. Item 3 repeals the Home Nursing Subsidy Act 1956. Home nursing subsidy is now amalgamated with funding for other care and services provided in the person's own home. This funding is provided for under the Home and Community Care Act 1985. The Home Nursing Subsidy Act 1956 no longer has any effect and its repeal would have no impact on the provision of home nursing.
Repeal of the Income Tax (Franking Deficit) Act 1987
130. Item 4 repeals the Income Tax (Franking Deficit) Act 1987. That Act imposes the franking deficit tax that was payable under section 160AQJ of the Income Tax Assessment Act 1936. Franking deficit tax ceased to be payable under section 160AQJ after June 2002, so that provision was repealed as an inoperative provision in 2006 by the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.
131. It follows that the Income Tax (Franking Deficit) Act 1987 is now redundant and can be repealed.
Repeal of the Nursing Homes Assistance Act 1974
132. Item 5 repeals the Nursing Homes Assistance Act 1974. The majority of the provisions in this Act, dealing with the provision of funding of nursing home beds for frail and aged persons, were subsumed by the National Health Act 1953. The remaining provisions, relating to the funding of nursing home beds for people with disabilities, were made inoperative with the signing of disability Agreements with the States. The repeal of this Act would therefore have no impact on funding but would streamline legislation in this area.
Repeal of the States Grants (Home Care) Act 1969
133. Item 6 repeals the States Grants (Home Care) Act 1969. Provision for grants to States for home care is now provided for by the Home and Community Care Act 1985. The States Grants (Home Care) Act 1969 no longer has any effect and its repeal would have no impact on the provision of home care by the States.
Repeal of the States Grants (Nurse Education Transfer Assistance) Act 1985
134. Item 7 repeals the States Grants (Nurse Education Transfer Assistance) Act 1985. This Act is no longer in operation. Nursing education was funded from 1984 to 1993 as transition from hospital-based to tertiary-based education and the provisions of the Act were subsumed by higher education legislation in 1993. The repeal of this Act would therefore have no impact on the support provided to nursing education.
Repeal of the States Grants (Paramedical Services) Act 1969
135. Item 8 repeals the States Grants (Paramedical Services) Act 1969. Provision for grants to States for paramedical services is now provided for by the Home and Community Care Act 1985. The States Grants (Paramedical Services) Act 1969 no longer has any effect and its repeal would have no impact on the provision of paramedical services by the States.
Part 2 - Amendments consequential on repeals
Aged or Disabled Persons Care Act 1954
136. Items 9 to 11 remove references to the Nursing Homes Assistance Act 1974 (NHA Act) from the Aged or Disabled Persons Care Act 1954 (ADPC Act). This is a consequence of the repeal of the NHA Act (item 5 refers). The definition of "eligible person" and "hostel" under the ADPC Act no longer need to provide for the exclusion of persons and nursing homes approved under the NHA Act. Similarly, there will no longer be any need to exclude nursing homes approved under the NHA Act from receipt of financial assistance under the ADPC Act. Accordingly, removal of these references would have no impact on the operation of the ADPC Act.
137. Item 9 amends sub-subparagraph (d)(ii)(C) of the definition of "eligible person" contained in subsection 2(1) of the ADPC Act to remove references to the NHA Act.
138. Item 10 amends paragraph (d) of the definition of "hostel" contained in
subsection 2(1) of the ADPC Act to remove references to the NHA Act.
139. Item 11 amends subsection 10C(3) of the ADPC Act to remove references to the NHA Act.
Higher Education Funding Act 1988
140. Item 12 repeals subsections 18(3) and (4) of the Higher Education Funding Act 1988 to remove references to the States Grants (Nurse Education Transfer Assistance) Act 1985. This is a consequence of the repeal of the States Grants (Nurse Education Transfer Assistance) Act 1985 (item 7 refers). The removal of these references would have no impact on the operation of the Higher Education Funding Act 1988 as there are no determinations in force under subsection 18(3) which deals with money paid to institutions pursuant to the State Grants (Nurse Education Transfer Assistance) Act 1985.
National Health Act 1953
141. Item 13 removes subsection 105AAB(8) from the National Health Act 1953 as a consequence of the repeal of the NHA Act (item 5 refers). The section no longer needs to provide for the application of the NHA Act so the repeal of this subsection would have no impact on the operation of the National Health Act 1953.
Part 3 - Matters relating to the repeal of the Income Tax (Franking Deficit) Act 1987
142. Item 14 applies the repeal effected by item 4 to assessments for the 2006-07 and later income years and applies it to any other matters after 14 September 2006. This ensures that the repeal of the Income Tax (Franking Deficit) Act 1987 applies from exactly the same time as the repeal of section 160AQJ of the Income Tax Assessment Act 1936.
143. Items 15 to 17 preserve any residual operation of the Income Tax (Franking Deficit) Act 1987, which is repealed by item 4. The Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006, which repealed the provisions that made the franking deficit tax payable, included the same "saving" provisions to preserve their operation.