Explanatory Memorandum
Circulation with the authority of the Parliamentary Secretary to the Prime Minister, the Hon Christian Porter MP)Outline
The Omnibus Repeal Day (Autumn 2015) Bill 2015 (the Bill) is a whole of government initiative to amend or repeal legislation across seven portfolios. The Bill brings forward a range of non-controversial measures to reduce regulatory burden for business, families, individuals and the community sector that are not the subject of individual stand-alone bills. For example, this Bill:
- •
- Amends the Health and Other Services (Compensation) Act 1995 to remove the requirement for compensation recipients to submit a statutory declaration when submitting a claim for benefits provided under Commonwealth Government programmes for Medicare, nursing home, residential care and home care services.
- •
- Amends the A New Tax System (Family Assistance) (Administration) Act 1999, the Paid Parental Leave Act 2010, the Social Security (Administration) Act 1999 and the Student Assistance Act 1973 to facilitate greater public access to aggregated information that does not disclose information about a particular person.
The Bill also includes measures that repeal redundant and spent Acts and provisions in Commonwealth Acts, and complements the measures included in the Statute Law Revision Bill (No.1) 2015 and the Amending Acts 1980 to 1989 Repeal Bill 2015. For example, this Omnibus Bill repeals the following:
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- the Meat Export Charge Act 1984, and the Meat Export Charge Collection Act 1984, both of which are examples of redundant Acts now replaced by the 2011 Export Certification Reform Package, and where fees are now cost recovered through other relevant Commonwealth legislation.
In total, this Bill, the Statute Law Revision Bill (No.2) 2015 and the Amending Acts
1980 to 1989 Repeal Bill 2015 will repeal 890 Commonwealths Acts.
Repeal of these Acts ensures regulation is easily accessible, continues to deliver on policy outcomes and only remains in force for as long as necessary. Making regulation easily accessible means that business, individuals and community organisations spend less time trawling through regulations.
The explanatory notes mirror the Bill and are structured by portfolio, with the Department of Veterans' Affairs following. A brief outline is provided for each Schedule with explanatory notes for relevant items.
Financial Impact Statements
This Bill has no financial implications.
Statement of Compatibility with Human Rights
This Bill is compatible with the human rights and freedoms recognised or declared in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. See Statement of Compatibility with Human Rights at the end of this explanatory memorandum.
| Abbreviation | Full reference |
| AAAS Act | Aboriginal Affairs (Arrangements with States) Act 1973 |
| AAT | Administrative Appeals Tribunal |
| ALC | Australian Landcare Council |
| ATSIQDL Act | Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 |
| ATSIQRCSM Act | Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978 |
| BDA Committee | Biological Diversity Advisory Committee |
| CP Act | Corporations Act 2001 |
| Criminal Code | Criminal Code Act 1995 |
| DA Act | Dairy Adjustment Act 1974 |
| DHS | Department of Human Services |
| DMPC Act | Domestic Meat Premises Charge Act 1993 |
| DMS programme | Disability Management Service programme |
| EIMCC Act | Export Inspection and Meat Charges Collection Act 1985 |
| EPBC Act | Environment Protection and Biodiversity Conservation Act 1999 |
| FFR Act | Federal Financial Relations Act 2009 |
| HOSC Act | Health and Other Services (Compensation) Act 1995 |
| ICCPR | International Covenant on Civil and Political Rights |
| ICESCR | International Covenant on Economic, Social and Cultural Rights |
| IMAA 1959 | International Monetary Agreements Act 1959 |
| ITAA 1997 | Income Tax Assessment Act 1997 |
| ITAA 1936 | Income Tax Assessment Act 1936 |
| ITWTR Act | Income Tax (Withholding Tax Recoupment) Act 1971 |
| MEC Act | Meat Export Charge Act 1984 |
| MECC Act | Meat Export Charge Collection Act 1984 |
| MI Act | Meat Inspection Act 1983 |
| MIA Act | Meat Inspection Arrangements Act 1964 |
| NGF | National Guarantee Fund |
| NHTA Act | Natural Heritage Trust of Australia Act 1997 |
| NHTA Committee | Natural Heritage Trust Advisory Committee |
| NRMFA Act | Natural Resources Management (Financial Assistance) Act 1992 |
| NTSFA Act | A New Tax System (Family Assistance) Act 1999 |
| NTSFA Admin Act | A New Tax System (Family Assistance) (Administration) Act 1999 |
| OSSRA Act | Occupational Superannuation Standards Regulations Application Act 1992 |
| PIC Act | Primary Industry Councils Act 1991 |
| PPL Act | Paid Parental Leave Act 2010 |
| RAF Scheme | Retirement Assistance for Farmers Scheme |
| RASF Scheme | Retirement Assistance for Sugarcane Farmers Scheme |
| SA Act | Student Assistance Act 1973 |
| SGAA Act | States Grants (Aboriginal Advancement) Act 1972 |
| SS Act | Social Security Act 1991 |
| SSA Act | Social Security (Administration) Act 1999 |
| TLCSFS Act | Taxation Laws (Clearing and Settlement Facility Support) Act 2004 |
| VE Act | Veterans' Entitlements Act 1986 |
Clause 1: Short Title
This specifies the short title of the Act as the Omnibus Repeal Day (Autumn 2015) Act 2015.
Clause 2: Commencement
The table in this clause sets out when the Bill's provisions will commence. The table provides that clauses 1 to 3 (and anything else not covered in the table) will commence on the date the Bill receives the Royal Assent.
Schedules 1, 2, 4, and 6 will commence the day after the Bill receives the Royal Assent.
Schedule 5, Items 1 to 16 and 22 to 83 will commence the day after the Bill receives the Royal Assent.
Schedule 7, Items 1 to 4 will commence the day after the Bill receives the Royal Assent.
Schedule 3 will commence the later of:
- a)
- 1 July 2015; and
- b)
- the 28th day after this Act receives the Royal Assent.
Schedule 5, Items 17 to 21 will commence the later of:
- a)
- the start of the day after this Act receives the Royal Assent; and
- b)
- immediately after the commencement of Item 127 in Schedule 7 to the Omnibus Repeal Day (Spring 2014) Bill 2014.
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
Schedule 7, Items 5 to 23 will commence the later of:
- a)
- the start of the day after this Act received the Royal Assent; and
- b)
- immediately after the commencement of Schedule 4 to the Statute Law Revision Act (No. 1) 2015.
Clause 3: Schedules
This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule and any other Item in a Schedule operates according to its terms.