Commonwealth: Budget Savings (Omnibus) Act 2016 (Cth)

Budget Savings (Omnibus) Act 2016 No. 55, 2016 Compilation No. 1 Compilation date: 1 September 2021 Includes amendments up to: Act No. 13, 2021 Registered: 10 November 2021 About this compilation This compilation This is a compilation of the Budget Savings (Omnibus) Act 2016 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Minimum repayment income for HELP debts Higher Education Support Act 2003 Schedule 2—Indexation of higher education support amounts Higher Education Support Act 2003 Schedule 3—Removal of HECS‑HELP benefit Higher Education Support Act 2003 Income Tax Assessment Act 1997 Schedule 4—Job commitment bonus Part 1—Main amendments Social Security Act 1991 Social Security (Administration) Act 1999 Part 2—Consequential amendments Farm Household Support Act 2014 Income Tax Assessment Act 1997 Part 3—Saving and transitional provisions Schedule 5—Australian Renewable Energy Agency's finances Australian Renewable Energy Agency Act 2011 Schedule 6—Indexation of private health insurance thresholds Private Health Insurance Act 2007 Schedule 7—Abolishing the National Health Performance Authority Part 1—Amendments National Health Reform Act 2011 Part 2—Application and transitional provisions Division 1—Interpretation Division 2—Transfer of assets and liabilities Division 3—Transfer of other matters Division 4—Annual reporting obligation Division 5—Disclosure and use of information Division 6—Miscellaneous Schedule 8—Aged care Part 1—Compliance Aged Care Act 1997 Part 2—Adviser and administrator panels Aged Care Act 1997 Part 3—Approved provider obligations Aged Care Act 1997 Schedule 10—Newly arrived resident's waiting period Part 1—Social security amendments Social Security Act 1991 Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 Part 2—Farm household support amendments Farm Household Support Act 2014 Schedule 11—Student start‑up scholarships Social Security Act 1991 Social Security (Administration) Act 1999 Student Assistance Act 1973 Schedule 12—Interest charge Part 1—Amendments A New Tax System (Family Assistance) (Administration) Act 1999 Paid Parental Leave Act 2010 Social Security Act 1991 Student Assistance Act 1973 Veterans' Entitlements Act 1986 Part 2—Application, saving and transitional provisions Schedule 13—Debt recovery Part 1—Departure prohibition orders A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Paid Parental Leave Act 2010 Social Security Act 1991 Student Assistance Act 1973 Part 2—Removal of 6‑year limit on debt recovery A New Tax System (Family Assistance) (Administration) Act 1999 Paid Parental Leave Act 2010 Social Security Act 1991 Student Assistance Act 1973 Schedule 14—Parental leave payments Part 1—Parental leave pay and dad and partner pay to count as income Social Security Act 1991 Veterans' Entitlements Act 1986 Part 2—Parental leave pay and dad and partner pay deductions to avoid overpayments Paid Parental Leave Act 2010 Schedule 15—Fringe benefits A New Tax System (Family Assistance) Act 1999 Income Tax Assessment Act 1936 Social Security Act 1991 Schedule 16—Carer allowance Social Security (Administration) Act 1999 Schedule 17—Indexation of family tax benefit and parental leave thresholds A New Tax System (Family Assistance) Act 1999 Paid Parental Leave Act 2010 Schedule 18—Pension means testing for aged care residents Social Security Act 1991 Veterans' Entitlements Act 1986 Schedule 19—Employment income A New Tax System (Family Assistance) Act 1999 Social Security Act 1991 Schedule 21—Closing carbon tax compensation to new welfare recipients Part 1—Energy supplement under the family assistance law A New Tax System (Family Assistance) Act 1999 Part 2—Energy supplement under the social security law Social Security Act 1991 Part 4—Energy supplement under the Veterans' Entitlements Act Veterans' Entitlements Act 1986 Part 6—Telephone allowance Social Security Act 1991 Social Security (Administration) Act 1999 Part 7—Single income family supplement A New Tax System (Family Assistance) Act 1999 Schedule 21A—Income limit for FTB Part A supplement A New Tax System (Family Assistance) Act 1999 Schedule 22—Rates of R&D tax offset Income Tax Assessment Act 1997 Schedule 23—Single touch payroll reporting Part 1—Reporting by employers Division 1—Main amendments Taxation Administration Act 1953 Division 2—Other amendments Income Tax Assessment Act 1997 Taxation Administration Act 1953 Taxation (Interest on Overpayments and Early Payments) Act 1983 Division 3—Application Part 2—Choice of fund Superannuation Guarantee (Administration) Act 1992 Taxation Administration Act 1953 Part 3—TFN declarations Income Tax Assessment Act 1936 Superannuation Industry (Supervision) Act 1993 Part 4—TFN validation Income Tax Assessment Act 1936 Schedule 24—Single appeal path under the Military Rehabilitation and Compensation Act Military Rehabilitation and Compensation Act 2004 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to budget savings, and for other purposes 1 Short title This Act is the Budget Savings (Omnibus) Act 2016. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. 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. 16 September 2016 2. Schedule 1 1 July 2018. 1 July 2018 3. Schedule 2 1 January 2018. 1 January 2018 4. Schedule 3 1 July 2017. 1 July 2017 5. Schedule 4 The later of: 1 January 2017 (a) 1 January 2017; and (paragraph (a) applies) (b) the day after this Act receives the Royal Assent. 6. Schedules 5 and 6 The day after this Act receives the Royal Assent. 17 September 2016 7. Schedule 7 A single day to be fixed by Proclamation. 1 November 2016 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. (F2016N00026) 8. Schedule 8, Part 1 A day or days to be fixed by Proclamation. 1 January 2017 However, if any of 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. (F2016N00042) 9. Schedule 8, Part 2 The day after this Act receives the Royal Assent. 17 September 2016 10. Schedule 8, Part 3 The 28th day after this Act receives the Royal Assent. 14 October 2016 12. Schedule 10 As follows: 1 January 2017 (a) if this Act receives the Royal Assent before 1 January 2017—1 January 2017; (paragraph (a) applies) (b) if this Act receives the Royal Assent on or after 1 January 2017—the first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent. 13. Schedule 11 As follows: 1 July 2017 (a) if this Act receives the Royal Assent before 1 January 2017—1 July 2017; (paragraph (a) applies) (b) if this Act receives the Royal Assent on or after 1 January 2017—the first 1 January or 1 July to occur after the day this Act receives the Royal Assent. 14. Schedule 12 As follows: 1 January 2017 (a) if this Act receives the Royal Assent before 1 January 2017—1 January 2017; (paragraph (a) applies) (b) if this Act receives the Royal Assent on or after 1 January 2017—the 28th day after this Act receives the Royal Assent. 15. Schedule 13 The later of: 1 January 2017 (a) 1 January 2017; and (paragraph (a) applies) (b) the day after this Act receives the Royal Assent. 16. Schedule 14 The first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent. 1 October 2016 17. Schedule 15 The first 1 January or 1 July to occur after the day this Act receives the Royal Assent. 1 January 2017 18. Schedule 16 The later of: 1 January 2017 (a) 1 January 2017; and (paragraph (a) applies) (b) the day after this Act receives the Royal Assent. 19. Schedule 17 The day this Act receives the Royal Assent. 16 September 2016 20. Schedule 18 The first 1 January or 1 July to occur after the day this Act receives the Royal Assent. 1 January 2017 21. Schedule 19 1 July 2018. 1 July 2018 23. Schedule 21, Parts 1 to 6 20 March 2017. 20 March 2017 24. Schedule 21, Part 7 1 July 2017. 1 July 2017 24A. Schedule 21A 1 July 2016. 1 July 2016 25. Schedules 22 and 23 The first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent. 1 October 2016 26. Schedule 24 The later of: 1 January 2017 (a) 1 January 2017; and (paragraph (a) applies) (b) the day after this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Minimum repayment income for HELP debts Higher Education Support Act 2003 1 Paragraph 154‑10(a) Repeal the paragraph, substitute: (a) for the 2018‑19 income year—$51,956; or 2 Section 154‑20 (table) Repeal the table, substitute: Applicable percentages Item If the person's repayment income is: The percentage applicable is: 1 More than the *minimum repayment income, but less than: 2% (a) for the 2018‑19 *income year—$57,730; or (b) for a later income year—that amount indexed under section 154‑25. 2 More than the amount under item 1, but less than: 4% (a) for the 2018‑19 *income year—$64,307; or (b) for a later income year—that amount indexed under section 154‑25. 3 More than the amount under item 2, but less than: 4.5% (a) for the 2018‑19 *income year—$70,882; or (b) for a later income year—that amount indexed under section 154‑25. 4 More than the amount under item 3, but less than: 5% (a) for the 2018‑19 *income year—$74,608; or (b) for a later income year—that amount indexed under section 154‑25. 5 More than the amount under item 4, but less than: 5.5% (a) for the 2018‑19 *income year—$80,198; or (b) for a later income year—that amount indexed under section 154‑25. 6 More than the amount under item 5, but less than: 6% (a) for the 2018‑19 *income year—$86,856; or (b) for a later income year—that amount indexed under section 154‑25. 7 More than the amount under item 6, but less than: 6.5% (a) for the 2018‑19 *income year—$91,426; or (b) for a later income year—that amount indexed under section 154‑25. 8 More than the amount under item 7, but less than: 7% (a) for the 2018‑19 *income year—$100,614; or (b) for a later income year—that amount indexed under section 154‑25. 9 More than the amount under item 8, but less than: 7.5% (a) for the 2018‑19 *income year—$107,214; or (b) for a later income year—that amount indexed under section 154‑25. 10 More than the amount under item 9. 8% 3 Subsection 154‑25(1) Repeal the subsection, substitute: (1) The following amounts for the 2019‑20 *income year, or a later income year: (a) the *minimum repayment income; (b) the amounts referred to in paragraph (a) of the second column of items 1 to 9 of the table in section 154‑20; are indexed by multiplying the corresponding amounts for the 2018‑19 income year by the amount worked out using the formula: 4 Section 154‑30 Omit "2006‑07", substitute "2019‑20". 5 Paragraph 154‑30(b) Omit "items 1 to 8", substitute "items 1 to 9". 6 Application of amendments The amendments made by this Schedule apply in relation to income years commencing on and after the day this Schedule commences. Schedule 2—Indexation of higher education support amounts Higher Education Support Act 2003 1 Subsection 198‑10(1) Repeal the subsection, substitute: (1) An amount is indexed on 1 January each year, by multiplying it by the *indexation factor for the year. 2 Subsection 198‑15(1) (formula) Repeal the formula, substitute: where: December base quarter means the *quarter ending on the 31 December that is 2 years and a day before the relevant 1 January. December reference quarter means the *quarter ending on the 31 December that is a year and a day before the relevant 1 January. 3 Section 198‑20 Repeal the section, substitute: 198‑20 Meaning of index number (1) The index number for a *quarter is the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the *Australian Statistician in respect of that quarter. (2) Subject to subsection (3), if, at any time before or after the commencement of this subsection: (a) the *Australian Statistician has published or publishes an index number in respect of a *quarter; and (b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter; disregard the publication of the later index number for the purposes of this section. (3) If, at any time before or after the commencement of this subsection, the *Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to *index numbers published in terms of the new index reference period. 4 Subclause 1(1) of Schedule 1 (definition of indexation period) Repeal the definition. Schedule 3—Removal of HECS‑HELP benefit Higher Education Support Act 2003 1 Paragraphs 140‑1(2)(d) and (e) Repeal the paragraphs, substitute: (d) *compulsory repayment amounts in respect of the debt. 2 Subsection 140‑5(1) (method statement, step 4A) Repeal the step. 3 Subsection 140‑5(1) (example) Omit "Step 4A: Does not apply because Lorraine does not satisfy the eligibility requirements for the HECS‑HELP benefit.". 4 Subsection 140‑5(3) Repeal the subsection. 5 Section 148‑1 Omit: Repayment amounts may be reduced by the HECS‑HELP benefit. To receive the benefit, a person must satisfy eligibility requirements and apply for it. The Commissioner determines whether a person is eligible for the benefit, and if so, the amount of the benefit. 6 Section 148‑5 Repeal the section. 7 Subsection 154‑1(1) Omit "Subject to section 154‑3, if", substitute "If". 8 Section 154‑3 Repeal the section. 9 Section 154‑35 (note) Repeal the note. 10 Section 154‑40 Repeal the section, substitute: 154‑40 Notification of notices of assessment of tax If: (a) the *Commissioner is required to serve on a person a notice of assessment in respect of the person's income of an *income year under section 174 of the Income Tax Assessment Act 1936; and (b) the Commissioner has made, in respect of the person, an assessment under section 154‑35 of this Act of the amounts referred to in that section; and (c) notice of the assessment under that section has not been served on the person; notice of the assessment under that section may be served by specifying the amounts concerned in the notice referred to in paragraph (a). 11 Section 154‑85 Repeal the section. 12 Division 157 Repeal the Division. 13 Section 206‑1 (table item 4A) Repeal the item. 14 Subsection 238‑10(1) (table item 4A) Repeal the item. 15 Subclause 1(1) of Schedule 1 (definition of HECS‑HELP benefit) Repeal the definition. Income Tax Assessment Act 1997 16 Section 11‑15 (table item headed "education and training") Omit: HECS‑HELP benefit, recipient of.......... 51‑10 17 Subsection 51‑10 (table item 2.9) Repeal the item. 18 Subsection 995‑1(1) (definition of HECS‑HELP benefit) Repeal the definition. 19 Application and saving provision (1) In this item: Act means the Higher Education Support Act 2003. commencement means the day this Schedule commences. earlier income year means an income year commencing before commencement. (2) The amendments made by this Schedule do not apply in relation to HECS‑HELP benefit for an earlier income year. (3) Without limiting subitem (2): (a) a person may, after commencement, make an application in respect of an earlier income year in accordance with Subdivision 157‑A of Division 157 of the Act as in force immediately before commencement; and (b) the Commissioner must make a determination for any application in respect of an earlier year in accordance with Subdivision 157‑C of Division 157 of the Act as in force immediately before commencement; and (c) section 140‑5 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out a former accumulated HELP debt of a person in respect of whom HECS‑HELP benefit has been determined for an earlier income year; and (d) section 154‑3 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out the amount that a person in respect of whom a HECS‑HELP benefit has been determined for an earlier income year is liable to pay under section 154‑1 of the Act; and (e) a person may apply, after commencement, for review of a decision referred to in item 4A of the table in section 206‑1 of the Act as in force immediately before commencement; and (f) such a decision may be reviewed and given effect in accordance with the Act as in force immediately before commencement; and (g) a provision of a taxation law (within the meaning of the Income Tax Assessment Act 1997) has the effect necessary to give effect to this item. (4) The HECS‑HELP Benefit Guidelines in force immediately before commencement continue in force for the purposes of the application of the Higher Education Support Act 2003 in relation to HECS‑HELP benefit for earlier income years. The Guidelines as continued under this subitem may be amended or repealed as if they were Guidelines made under section 238‑10 of the Act. Schedule 4—Job commitment bonus Part 1—Main amendments Social Security Act 1991 1 Subsection 23(1) (definition of job commitment bonus) Repeal the definition. 2 Part 2.16A Repeal the Part. Social Security (Administration) Act 1999 3 Subsection 13(6) Repeal the subsection. 4 Subdivision FD of Division 1 of Part 3 Repeal the Subdivision. 5 Subsection 37(6A) Repeal the subsection. 6 Paragraph 47(1) (paragraph (hsa) of the definition of lump sum benefit) Repeal the paragraph. 7 Section 47BA Repeal the section. Part 2—Consequential amendments Farm Household Support Act 2014 8 Section 95 (table item 1A) Repeal the item. Income Tax Assessment Act 1997 9 Section 11‑15 (table item headed "social security or like payments") Omit: job commitment bonus under the Social Security Act 1991 52‑10 10 Paragraph 52‑10(1)(wb) Repeal the paragraph. 11 Subsection 52‑10(1EB) Repeal the subsection. 12 Section 52‑40 (table item 14) Repeal the item. Part 3—Saving and transitional provisions 13 Saving and transitional provisions (1) To avoid doubt, a person cannot become qualified for a job commitment bonus on or after the commencement of this item. (2) Despite the amendments made by this Schedule, Chapter 5 of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of a job commitment bonus before, on or after that commencement. (3) Despite the amendments made by this Schedule, section 27D of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person making a claim for a job commitment bonus where the person qualified for the bonus before that commencement. (4) Despite the amendments made by this Schedule, Part 3 of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to: (a) deciding claims for a job commitment bonus made before, on or after that commencement; or (b) determinations made under that Part before, on or after that commencement in relation to job commitment bonus; or (c) making payments of a job commitment bonus on or after that commencement. (5) Despite the amendments made by this Schedule, Parts 4 and 4A of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law in relation to a job commitment bonus made before, on or after that commencement. (6) Despite the amendments made by this Schedule, subsection 52‑10(1EB) of the Income Tax Assessment Act 1997, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to payments of job commitment bonus made before, on or after that commencement. Schedule 5—Australian Renewable Energy Agency's finances Australian Renewable Energy Agency Act 2011 1 Subsection 64(1) (table items 5 to 9) Repeal the items, substitute: 5 2017‑2018 $257,925,000.00 6 2018‑2019 $235,296,000.00 7 2019‑2020 $254,704,000.00 8 2020‑2021 $134,035,000.00 9 2021‑2022 $132,474,000.00 Schedule 6—Indexation of private health insurance thresholds Private Health Insurance Act 2007 1 Subsection 22‑45(3A) Omit "or 2017‑18", substitute ", 2017‑18, 2018‑19, 2019‑20 or 2020‑21". Schedule 7—Abolishing the National Health Performance Authority Part 1—Amendments National Health Reform Act 2011 1 Paragraph 3(b) Repeal the paragraph. 2 Section 4 Omit: • This Act sets up: (a) the Australian Commission on Safety and Quality in Health Care; and (b) the National Health Performance Authority; and (c) the Independent Hospital Pricing Authority; and (d) the office of Administrator of the National Health Funding Pool; and (e) the National Health Funding Body. substitute: • This Act sets up: (a) the Australian Commission on Safety and Quality in Health Care; and (b) the Independent Hospital Pricing Authority; and (c) the office of Administrator of the National Health Funding Pool; and (d) the National Health Funding Body. 3 Section 4 Omit: • The main function of the National Health Performance Authority is to monitor, and report on, the performance of the following: (a) local hospital networks; (b) public hospitals; (c) private hospitals; (d) primary health care organisations; (e) other bodies or organisations that provide health care services. 4 Section 5 (definition of local hospital network, first occurring) Repeal the definition. 5 Section 5 (definition of local hospital network, second occurring) Omit ", in Part 5.2,". 6 Section 5 Repeal the following definitions: (a) definition of member of the Performance Authority; (b) definition of official of the Performance Authority; (c) definition of Performance Authority; (d) definition of Performance Authority CEO; (e) definition of personal information; (f) definition of primary health care organisation; (g) definition of protected Performance Authority information; (h) definition of staff of the Performance Authority. 7 Section 5 (paragraph (b) of the definition of vacancy) Repeal the paragraph. 8 Subsection 6(2) Repeal the subsection. 9 Paragraph 54H(1)(a) Repeal the paragraph. 10 Chapter 3 Repeal the Chapter. 11 Paragraph 220(1)(a) Repeal the paragraph. 12 Paragraph 275(1)(b) Repeal the paragraph. 13 Paragraph 279(1)(b) Repeal the paragraph. Part 2—Application and transitional provisions Division 1—Interpretation 14 Interpretation In this Part: AIHW means the Australian Institute of Health and Welfare. asset means: (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and (b) any right, power, privilege or immunity, whether actual, contingent or prospective. assets official, in relation to an asset other than land, means the person or authority who: (a) under a law of the Commonwealth, a State or a Territory; or (b) under a trust instrument; or (c) otherwise; has responsibility for keeping a register in relation to assets of the kind concerned. Director means the Director of the Australian Institute of Health and Welfare. Health Department means the Department administered by the Health Minister. Health Minister means the Minister responsible for administering the Australian Institute of Health and Welfare Act 1987. Health Secretary means the Secretary of the Health Department. land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective. land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated. liability means any liability, duty or obligation, whether actual, contingent or prospective. NHPA means the National Health Performance Authority. NHPA CEO means the Chief Executive Officer of the National Health Performance Authority. transition time means the commencement of this Schedule. Division 2—Transfer of assets and liabilities 15 Vesting of assets (1) This item applies to the assets of the NHPA immediately before the transition time. (2) At the transition time, the assets cease to be assets of the NHPA and become assets of the AIHW, without any conveyance, transfer or assignment. The AIHW becomes the successor in law in relation to the assets. 16 Vesting of liabilities (1) This item applies to the liabilities of the NHPA immediately before the transition time. (2) At the transition time, the liabilities cease to be liabilities of the NHPA and become liabilities of the AIHW, without any conveyance, transfer or assignment. The AIHW becomes the successor in law in relation to the liabilities. 17 Transfers of land may be registered (1) This item applies if: (a) any land vests in the AIHW under this Division; and (b) there is lodged with a land registration official a certificate that: (i) is signed by the Health Minister; and (ii) identifies the land, whether by reference to a map or otherwise; and (iii) states that the land has become vested in the AIHW under this Division. (2) The land registration official may: (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and (b) deal with, and give effect to, the certificate. (3) A certificate under paragraph (1)(b) is not a legislative instrument. 18 Certificates relating to vesting of assets other than land (1) This item applies if: (a) an asset other than land vests in the AIHW under this Division; and (b) there is lodged with an assets official a certificate that: (i) is signed by the Health Minister; and (ii) identifies the asset; and (iii) states that the asset has become vested in the AIHW under this Division. (2) The assets official may: (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and (b) make such entries in the register in relation to assets of that kind as are necessary, having regard to the effect of this Division. (3) A certificate under paragraph (1)(b) is not a legislative instrument. Division 3—Transfer of other matters 19 Things done by, or in relation to, the NHPA or the NHPA CEO (1) Anything done by, or in relation to, the NHPA before the transition time has effect at and after that time as if it had been done by the AIHW. (2) Anything done by, or in relation to, the NHPA CEO before the transition time has effect at and after that time as if it had been done by the Director. (3) This item does not limit the operation of items 15 and 16. 20 References in certain instruments to the NHPA or the NHPA CEO (1) This item applies to an instrument that: (a) is in force immediately before the transition time; and (b) contains a reference to the NHPA or the NHPA CEO. (2) If the instrument relates to: (a) an asset or liability of the NHPA that, as a result of the operation of item 15 or 16, becomes an asset or liability of the AIHW; or (b) a thing done by, or in relation to, the NHPA or the NHPA CEO, that, as a result of the operation of item 19, is taken to have been done by, or in relation to, the AIHW or the Director; then: (c) a reference in the instrument to the NHPA has effect, at and after the transition time, as if it were a reference to the AIHW; and (d) a reference in the instrument to the NHPA CEO has effect, at and after the transition time, as if it were a reference to the Director. (3) In this item: instrument: (a) includes: (i) a contract, undertaking, deed or agreement; and (ii) a notice, authority, order or instruction; and (iii) an instrument made under an Act or under a legislative instrument; but (b) does not include: (i) an Act; or (ii) an instrument made under this Act; or (iii) an instrument specified in rules made under item 34. 21 Transfer of appropriated money (1) For the purposes of the operation of an Appropriation Act after the transition time, references to the National Health Performance Authority are to be read as references to the Australian Institute of Health and Welfare. (2) In this item: Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund. 22 Legal proceedings of the NHPA (1) If any proceedings to which the NHPA was a party were pending in any court or tribunal immediately before the transition time, the AIHW is substituted for the NHPA, from the transition time, as a party to those proceedings. (2) If any proceedings to which the NHPA CEO was a party were pending in any court or tribunal immediately before the transition time, the Director is substituted for the NHPA CEO, from the transition time, as a party to those proceedings. 23 Transfer of NHPA's records and documents (1) This item applies to any records or documents that were in the possession of the NHPA immediately before the transition time. (2) The records and documents are to be transferred to the AIHW after the transition time. (3) Sections 37 and 41 of the Public Governance, Performance and Accountability Act 2013 apply in relation to records or documents transferred to a Commonwealth entity (within the meaning of that Act) under this item as if the records or documents related to that entity. Note: Records and documents transferred under this item are Commonwealth records for the purposes of the Archives Act 1983. 24 Safety, Rehabilitation and Compensation Act 1988 (1) This item applies in relation to a person if: (a) the person was a member of the staff of the NHPA at any time before the transition time; and (b) the person was an employee (within the meaning of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act)) of the NHPA when the person was such a member; and (c) the person suffered an injury (within the meaning of that Act) before the transition time. (2) The SRC Act applies, after the transition time, as if the person had been an employee of the AIHW during the period that the person was a member of the staff of the NHPA as mentioned in paragraph (1)(a). (3) This item does not limit item 19 or 20 of this Schedule. 25 No transfer of appointment, engagement or employment of staff Nothing in this Part produces the result that the appointment, engagement or employment of an official of the Performance Authority immediately before the transition time has effect, at or after that time, as if it were an appointment, engagement or employment of the person in relation to the AIHW. Division 4—Annual reporting obligation 26 Final annual report for the NHPA (1) The Health Secretary must prepare and give to the Health Minister, for presentation to the Parliament, a report (the final report) on the activities of the NHPA during the final reporting period. (2) Sections 39, 40, 42, 43 and 46 of the Public Governance, Performance and Accountability Act 2013, and rules made for the purposes of those sections, apply subject to this item in relation to the NHPA and the final reporting period as if: (a) references in those sections and rules to an annual report for a Commonwealth entity were references to the final report; and (b) references in those sections and rules to a reporting period for a Commonwealth entity were references to the final reporting period; and (c) references in those sections and rules to a Commonwealth entity were references to the NHPA; and (d) references in those sections and rules to the accountable authority for a Commonwealth entity were references to the Health Secretary; and (e) references in those sections and rules to the responsible Minister for a Commonwealth entity were references to the Health Minister. (3) The Health Secretary must give the final report to the Health Minister by the 15th day of the fourth month after the end of the final reporting period. The Health Minister may grant an extension of time in special circumstances. (4) The Health Minister must table the final report in each House of the Parliament as soon as practicable after receiving the report. (5) The Health Secretary must publish the final report on the Health Department's website as soon as practicable after the report is tabled in the House of Representatives. (6) In this item: annual report means a report under section 46 of the Public Governance, Performance and Accountability Act 2013. final reporting period means the period: (a) beginning: (i) if, by the transition time, no annual report for the NHPA has been given to the Health Minister for the most recent reporting period for the NHPA that ended before the transition time—at the start of that reporting period; or (ii) otherwise—at the start of the reporting period for the NHPA that includes the transition time; and (b) ending immediately before the transition time. reporting period for the NHPA means the reporting period for the NHPA under the Public Governance, Performance and Accountability Act 2013. Division 5—Disclosure and use of information 27 Protected Performance Authority information (1) Section 113 (secrecy) of the National Health Reform Act 2011, as in force immediately before the transition time, continues to apply after that time in relation to a person who was at any time an official of the Performance Authority, despite the repeal of that section by Part 1 of this Schedule. (2) Subsection 120(3) (disclosure to agencies, bodies or persons other than the NHPA) of the National Health Reform Act 2011, as in force immediately before the transition time, continues to apply after that time in relation to an agency, body or person that was given protected Performance Authority information before that time, despite the repeal of that subsection by Part 1 of this Schedule. 28 Personal information—reports Section 127 (use of personal information in reports) of the National Health Reform Act 2011, as in force immediately before the transition time, applies after that time in relation to a report prepared or published for the purposes of this Part as if: (a) the report were a report prepared or published by the Performance Authority in the performance of the Performance Authority's functions; and (b) the reference in subsection 127(3) of that Act to an official of the Performance Authority were a reference to the Health Secretary or an APS employee in the Health Department. 29 Protection of patient confidentiality Section 279 (protection of patient confidentiality) of the National Health Reform Act 2011, as in force immediately before the transition time, applies after that time in relation to the performance by a person of a function under this Part of preparing or publishing a report as if that function were a function of the NHPA. Division 6—Miscellaneous 30 Exemption from stamp duty and other State or Territory taxes (1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter. (2) For the purposes of this item, an exempt matter is: (a) the vesting of an asset or liability under this Part; or (b) the operation of this Part in any other respect. (3) The Health Minister may certify in writing: (a) that a specified matter is an exempt matter; or (b) that a specified thing was connected with a specified exempt matter. (4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate. (5) A certificate under subitem (3) is not a legislative instrument. 31 Certificates taken to be authentic A document that appears to be a certificate made or issued under a particular provision of this Part: (a) is taken to be such a certificate; and (b) is taken to have been properly given; unless the contrary is established. 32 Delegation by Health Minister (1) The Health Minister may, by writing, delegate all or any of his or her powers and functions under this Part to: (a) the Health Secretary; or (b) an SES employee, or acting SES employee, in the Health Department. Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901. (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Health Minister. (3) Subitem (1) does not apply to a power to make, vary or revoke a legislative instrument. 33 Compensation for acquisition of property (1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person. (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines. 34 Transitional rules (1) The Health Minister may, by legislative instrument (and subject to subitem (3)), make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule. (2) Without limiting subitem (1), rules made for the purposes of that subitem, before the end of the period of 12 months starting at the transition time, may: (a) confer functions on the AIHW; and (b) provide that the following have effect with any modifications prescribed by the rules: (i) this Part; (ii) the Australian Institute of Health and Welfare Act 1987. (3) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty provision; (b) provide: (i) powers of arrest or detention; or (ii) powers relating to entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act. (4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1). Schedule 8—Aged care Part 1—Compliance Aged Care Act 1997 1 After subsection 25‑1(3) Insert: (3A) Without limiting paragraph (3)(c), the Classification Principles may require the Secretary to take into account (including as part of a method or procedure specified for the purposes of subsection (2)) specified matters relating to care provided, or to be provided, to the care recipient, including: (a) the manner in which the care was, is or is to be provided; or (b) the qualifications of any person involved in providing the care. 2 Validation of Classification Principles (1) This item applies to a thing purportedly done under the Aged Care Act 1997 at any time before the commencement of this item, to the extent that the thing purportedly done would, apart from this item, be invalid because the Classifications Principles required the Secretary to take into account a matter relating to care provided, or to be provided, to a care recipient, including: (a) the manner in which the care was, is or is to be provided; or (b) the qualifications of any person involved in providing the care. (2) The thing purportedly done is as valid and effective, and is taken always to have been as valid and effective, as it would have been had subsection 25‑1(3A) of that Act, as amended by this Part, been in force. (3) All persons are, by force of this subitem, declared to be, and always to have been, entitled to act on the basis that the thing purportedly done is valid and effective. (4) This item does not affect rights or liabilities of parties to proceedings for which leave to appeal to the High Court of Australia has been given on or before the day this item commences, if the fact that the Classification Principles required the Secretary to take into account the matter is in issue in the proceedings. (5) Subject to subitem (4), subitems (1), (2) and (3) have effect in relation to: (a) proceedings (whether original or appellate) that begin on or after the commencement of this item; and (b) proceedings (whether original or appellate) that began before that commencement, being proceedings that had not been finally determined as at that commencement. (6) To avoid doubt, a reference in this item to the Classification Principles includes a reference to a provision of the Classification Principles applying, adopting or incorporating any matter contained in any other instrument or writing. (7) This item does not apply to the extent (if any) to which its operation would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph). 3 Paragraph 25‑4(1)(b) Omit "29‑1; and", substitute "29‑1.". 4 Paragraph 25‑4(1)(c) Repeal the paragraph. 5 At the end of subsection 25‑4(1) Add: Note: See also section 27‑3 (reappraisal required by Secretary) and Division 29A (civil penalty for incorrect classifications). 6 Before subsection 27‑3(1) Insert: False, misleading or inaccurate information 7 Paragraph 27‑3(1)(b) Omit "and". 8 Paragraph 27‑3(1)(c) Repeal the paragraph. 9 Application of amendments The amendments of subsections 25‑4(1) and 27‑3(1) of the Aged Care Act 1997 made by this Part apply in relation to a change of classification mentioned in paragraph 25‑4(1)(b) or 27‑3(1)(b) that occurs on or after the commencement of this item, whether the appraisal or reappraisal mentioned in paragraph 25‑4(1)(a) or 27‑3(1)(a) occurred before, on or after that commencement. 10 At the end of subsection 27‑3(1) Add: Note: See also section 25‑4 (suspending approved providers from making appraisals and reappraisals) and Division 29A (civil penalty for incorrect classifications). 11 After subsection 27‑3(3) Insert: Significant decrease in care needs (3A) The Secretary may give an approved provider a written notice requiring a reappraisal to be made of the level of care needed by a care recipient if: (a) the approved provider provides care to the care recipient; and (b) the Secretary reasonably suspects that the care needs of the care recipient have decreased significantly since the last appraisal under section 25‑3, or reappraisal under section 27‑4, of the level of care needed by the care recipient. (3B) The Classification Principles may specify the circumstances in which the care needs of a care recipient are taken to decrease significantly. (3C) The notice must specify a period within which the reappraisal is to be made. Varying or revoking notice 12 Subsection 27‑3(4) After "subsection (1)", insert "or (3A)". 13 Before subsection 27‑3(5) Insert: Authorised reappraisers 14 At the end of subsection 27‑3(5) Add "or (3A)". 15 Section 29‑2 Repeal the section, substitute: 29‑2 Date of effect of change A change of a classification under subsection 29‑1(1) is taken to have had effect from the day on which the classification took effect. 16 Application of amendments (1) The amendment of section 29‑2 of the Aged Care Act 1997 made by this Part applies in relation to a change of classification if the Secretary gives written notice of the change to an approved provider under subsection 29‑1(4) of that Act on or after the commencement of this item, whether the classification took effect before, on or after that commencement. (2) Subitem (1) has no effect to the extent (if any) to which: (a) its operation would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); or (b) it imposes taxation (within the meaning of section 55 of the Constitution). 17 At the end of Part 2.4 Add: Division 29A—Civil penalty for incorrect classifications 29A‑1 Warning notices (1) The Secretary may notify an approved provider in writing if the Secretary: (a) reasonably suspects that the approved provider, or a person acting on the approved provider's behalf, gave false or misleading information in an appraisal or reappraisal connected with a classification reviewed under subsection 29‑1(3); and (b) changes the classification under section 29‑1. Note: See also sections 25‑4 (suspending approved providers from making appraisals and reappraisals) and 27‑3 (reappraisal required by Secretary). (2) The Secretary may also notify an approved provider in writing if: (a) the approved provider makes 2 or more of any of the following: (i) an appraisal under section 25‑3; (ii) a reappraisal under section 27‑4; and (b) the Secretary changes 2 or more classifications under section 29‑1 because the Secretary is satisfied that the appraisals or reappraisals were incorrect or inaccurate; and (c) the Secretary is satisfied that the changes, taken together, are significant (see section 29A‑3). (3) A notice under this section must: (a) specify the classification or classifications the Secretary changed; and (b) include a statement that the Secretary suspects the matter mentioned in paragraph (1)(a), or is satisfied of the matter mentioned in paragraph (2)(c), and the Secretary's reasons for this; and (c) include a statement of the effect of section 29A‑2. 29A‑2 Civil penalty (1) An approved provider is liable to a civil penalty if: (a) the Secretary changes a classification under section 29‑1; and (b) the change occurs in the following circumstances: (i) the change occurs within 2 years (the warning period) after the Secretary gives a notice to the approved provider under subsection 29A‑1(1) or (2); (ii) during the warning period, the approved provider, or a person acting on the approved provider's behalf, gives false or misleading information in an appraisal under section 25‑3, or reappraisal under section 27‑4, connected with the classification. Civil penalty: 60 penalty units. (2) An approved provider is liable to a civil penalty if: (a) the Secretary changes a classification under section 29‑1; and (b) the change occurs in the following circumstances: (i) the change occurs within 2 years (the warning period) after the Secretary gives a notice to the approved provider under subsection 29A‑1(1) or (2); (ii) during the warning period, the approved provider makes one or more appraisals under section 25‑3 or reappraisals under section 27‑4; (iii) the Secretary changes the classification as mentioned in paragraph (a) of this subsection because the Secretary is satisfied that any of the appraisals or reappraisals mentioned in subparagraph (ii) of this paragraph was incorrect or inaccurate; (iv) the Secretary changes one or more other classifications under section 29‑1 during the warning period because the Secretary is satisfied that any of the appraisals or reappraisals mentioned in subsection (ii) of this paragraph was incorrect or inaccurate; (v) the changes mentioned in subparagraphs (iii) and (iv), taken together, are significant (see section 29A‑3). Civil penalty: 60 penalty units. (3) To avoid doubt, the approved provider may be liable to a separate civil penalty under subsection (1) or (2) for each classification the Secretary changes under section 29‑1 during the warning period. 29A‑3 When changes are significant In determining, for the purposes of paragraph 29A‑1(2)(c) or subparagraph 29A‑2(2)(b)(v), whether changes, taken together, are significant, regard must be had to the following matters: (a) the number of classifications changed, relative to the number of care recipients to whom the approved provider provides care; (b) the significance of each change; (c) the frequency of the incorrect or inaccurate appraisals and reappraisals that led to the changes; (d) any other matters specified by the Classification Principles. 18 Before subsection 85‑5(1) Insert: Request for reconsideration of reviewable decision 19 After subsection 85‑5(4) Insert: (4A) The person's request must comply with section 85‑6 (application fee) if the *reviewable decision was made under subsection 29‑1(1) (a decision to change the classification of a care recipient). Reconsideration of reviewable decision 20 After section 85‑5 Insert: 85‑6 Application fee for reconsideration of decision to change classification of care recipient (1) A request made under subsection 85‑5(1) for reconsideration of a *reviewable decision made under subsection 29‑1(1) (a decision to change the classification of a care recipient) must be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles. (2) The amount of the fee must not be such as to amount to taxation. (3) The Classification Principles may deal with other matters in relation to the fee, including the following: (a) the circumstances in which the Secretary may waive the fee; (b) the circumstances in which an approved provider is exempt from paying the fee; (c) the circumstances in which the fee may be refunded, in whole or in part. 21 Before Division 96 Insert: Division 95C—Civil penalties 95C‑1 Civil penalty provisions Enforceable civil penalty provisions (1) Each *civil penalty provision of this Act is enforceable under Part 4 of the *Regulatory Powers Act. Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision. Authorised applicant (2) For the purposes of Part 4 of the *Regulatory Powers Act, the Secretary is an authorised applicant in relation to the *civil penalty provisions of this Act. Relevant court (3) For the purposes of Part 4 of the *Regulatory Powers Act, each of the following courts is a relevant court in relation to the *civil penalty provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit Court of Australia; (c) a court of a State or Territory that has jurisdiction in relation to the matter. 22 Section 96‑1 (at the end of the cell at table item 9, column headed "Part or provision") Add "and section 85‑6". 23 Clause 1 of Schedule 1 Insert: civil penalty provision has the same meaning as in the *Regulatory Powers Act. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. Part 2—Adviser and administrator panels Aged Care Act 1997 24 Paragraph 25‑4A(1)(b) Omit ", approved by the Secretary,". 25 Subsection 25‑4A(2) Repeal the subsection. 26 Subsection 25‑4A(3) Repeal the subsection, substitute: (3) If the agreement requires the approved provider to appoint an adviser, the approved provider must appoint the adviser within the period specified in the agreement. 27 At the end of section 25‑4A Add: (4) The Classification Principles may exclude a class of persons from being appointed as an adviser. (5) The Classification Principles may specify matters that the Secretary must take into account in specifying, in the agreement, the period within which an approved provider that is required to appoint an adviser must appoint an adviser. 28 Paragraph 25‑4B(1)(a) Omit "subsection 25‑4A(2) or (3)", substitute "subsection 25‑4A(3)". 29 Subparagraphs 66‑2(1)(a)(iii) and (iv) Omit "approved by the Commonwealth". 30 Subsections 66‑2(2) and (3) After "Commonwealth", insert ", or a Commonwealth officer or employee,". 31 Division 66A (heading) Repeal the heading, substitute: Division 66A—Appointing administrators and advisers 32 Sections 66A‑1, 66A‑2 and 66A‑3 Repeal the sections, substitute: 66A‑2 Appointment of advisers (1) The Sanctions Principles may exclude a class of persons from being appointed as an adviser. (2) A person is not eligible to be appointed as an adviser in accordance with this section if the person is within a class of persons that the Sanctions Principles exclude from being appointed as an adviser. (3) If an approved provi