Social Services (Spent and Redundant Instruments) Repeal Regulation 2014
Select Legislative Instrument No. 24, 2014
I, Quentin Bryce AC CVO, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Legislative Instruments Act 2003.
Dated 13 March 2014
Quentin Bryce
Governor-General
By Her Excellency’s Command
George Brandis QC
Attorney-General
Contents
1 Name of regulation
2 Commencement
3 Authority
4 Guide to this regulation
5 Repeal of amending and repealing instruments
6 Repeal of commencement instruments
7 Repeal of amending and repealing instruments containing other provisions
8 Repeal of other redundant instruments
9 Expiry of regulation
Schedule 1—Repeal of amending and repealing instruments
Schedule 2—Repeal of commencement instruments
Schedule 3—Repeal of amending and repealing instruments containing other provisions
Schedule 4—Repeal of other redundant instruments
Part 1—Instruments past their date of effect
Part 2—Exempt lump sum instruments
Part 3—Other instruments no longer required
1 Name of regulation
This regulation is the Social Services (Spent and Redundant Instruments) Repeal Regulation 2014.
2 Commencement
This regulation commences on the day after it is registered.
3 Authority
This regulation is made under the Legislative Instruments Act 2003.
4 Guide to this regulation
This regulation repeals legislative instruments that are spent or no longer required, as authorised by section 48E of the Legislative Instruments Act 2003.
To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.
Schedule 1 deals with solely amending and repealing instruments.
Schedule 2 deals with commencement instruments.
Schedule 3 deals with amending and repealing instruments that contain application, saving or transitional provisions.
Schedule 4 deals with other instruments that are spent or no longer required.
This regulation contains saving provisions that apply to the repeals, in addition to the provision made by section 7 of the Acts Interpretation Act 1901. That section applies to this regulation because of section 13 of the Legislative Instruments Act 2003.
5 Repeal of amending and repealing instruments
(1) Each instrument mentioned in Schedule 1 is repealed.
(2) The repeal of an instrument by this section does not affect any amendment or repeal (however described) made by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
6 Repeal of commencement instruments
(1) Each instrument mentioned in Schedule 2 is repealed.
(2) The repeal of an instrument by this section does not affect any commencement provided by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
7 Repeal of amending and repealing instruments containing other provisions
(1) Each instrument mentioned in Schedule 3 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
8 Repeal of other redundant instruments
(1) Each instrument mentioned in Schedule 4 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
9 Expiry of regulation
This regulation expires on the day after it commences, as if it had been repealed by another regulation.
Schedule 1—Repeal of amending and repealing instruments
Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that are spent, and that would have been repealed automatically under section 48A of the Legislative Instruments Act 2003 if they had been made after the commencement of that section. This Schedule does not include instruments with an application, saving or transitional provision: see Schedule 3.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see subsection 5(2).
Repeal of amending and repealing instruments
Item Instrument name and series number (if any) FRLI identifier
199 User Rights Amendment Principles 1998 (No. 1) F1998B00317
200 User Rights Amendment Principles 1999 (No. 1) F1999B00095
201 User Rights Amendment Principles 1999 (No. 2) F1999B00273
202 User Rights Amendment Principles 1999 (No. 3) F2000B00002
203 User Rights Amendment Principles 2000 (No. 1) F2000B00099
204 User Rights Amendment Principles 2000 (No. 2) F2000B00180
205 User Rights Amendment Principles 2000 (No. 3) F2000B00181
206 User Rights Amendment Principles 2000 (No. 4) F2000B00219
207 User Rights Amendment Principles 2000 (No. 5) F2000B00220
208 User Rights Amendment Principles 2001 (No. 1) F2001B00272
209 User Rights Amendment Principles 2003 (No. 1) F2003B00245
210 User Rights Amendment Principles 2004 (No. 1) F2004B00253
211 User Rights Amendment Principles 2005 (No. 1) F2005L01885
212 User Rights Amendment Principles 2008 (No. 1) F2008L00905
213 User Rights Amendment Principles 2008 (No. 2) F2008L03516
214 User Rights Amendment Principles 2009 (No. 1) F2009L01152
215 User Rights Amendment Principles 2009 (No. 2) F2009L03559
216 User Rights Amendment Principles 2009 (No. 3) F2009L03567
217 User Rights Amendment Principles 2010 (No. 1) F2010L00602
218 User Rights Amendment Principles 2010 (No. 2) F2010L02480
219 User Rights Amendment Principles 2011 (No. 1) F2011L00411
220 User Rights Amendment Principles 2011 (No. 2) F2011L01896
221 User Rights Amendment Principles 2011 (No. 3) F2011L01991
222 User Rights Amendment Principles 2012 (No. 1) F2012L00605
223 User Rights Amendment Principles 2012 (No. 2) F2012L01346
224 User Rights Amendment Principles 2012 (No. 3) F2012L01881
225 User Rights Principles Amendment (No. 1) 1997 F1998B00273
226 User Rights Principles Amendment (No. 2) 1997 F1998B00274
227 User Rights Principles Amendment (No. 3) 1997 F1998B00275
228 User Rights Principles Amendment (No. 4) 1997 F1998B00276
229 User Rights Principles Amendment (No. 5) 1997 F1998B00277
230 User Rights Principles Amendment (No. 6) 1997 F1998B00278
231 User Rights Principles Amendment (No. 7) 1997 F1998B00279
Schedule 2—Repeal of commencement instruments
Guide to this Schedule
This Schedule repeals commencement instruments that are spent, and that would have been repealed automatically under section 48B of the Legislative Instruments Act 2003 if they had been made after the commencement of that section.
The repeal of an instrument by this Schedule does not affect any commencement the instrument provides for: see subsection 6(2).
Repeal of commencement instruments
Item Instrument name and series number (if any) FRLI identifier
1 Commencement (Agreement between Australia and Chile on Social Security) Instrument 2009 (made on 1 September 2009) F2009L03482
2 Commencement (Agreement between Australia and Finland on Social Security) Instrument 2009 (made on 25 May 2009) F2009L02118
3 Commencement (Agreement between Australia and Japan on Social Security) Instrument 2008 (made on 15 December 2008) F2008L04699
4 Commencement (Agreement between Australia and Poland on Social Security) Instrument 2010 (made on 14 July 2010) F2010L02140
5 Commencement (Agreement between Australia and the Czech Republic on Social Security) Instrument 2011 (made on 18 June 2011) F2011L01259
6 Commencement (Agreement between Australia and the Republic of Hungary on Social Security) Instrument 2012 (made on 8 August 2012) F2012L01848
7 Commencement (Agreement between Australia and the Slovak Republic on Social Security) Instrument 2011 (made on 23 November 2011) F2011L02468
8 Commencement (Agreement between the Government of Australia and the Government of the former Yugoslav Republic of Macedonia on Social Security) Instrument 2011 (made on 24 March 2011) F2011L00516
9 Commencement (Second Protocol to the Agreement between Australia and the Republic of Austria on Social Security) Instrument 2011 (made on 23 November 2011) F2011L02466
10 Proclamation for the Aged Care Amendment (2005 Measures No. 1) Act 2006 (made on 26 April 2006) F2006L01217
11 Proclamation for the Aged Care Amendment (Residential Care) Act 2007 (made on 5 March 2008) F2008L00205
Schedule 3—Repeal of amending and repealing instruments containing other provisions
Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that also contain application, saving or transitional provisions. The amendments and repeals have happened, and the application, saving or transitional provisions are no longer required. The instruments do not contain any other substantive provisions.
To assist the reader, the location of each application, saving or transitional provision in an instrument is identified in brackets after its name, with “s” used to indicate the provision (e.g. “s. 4” may refer to section 4, regulation 4, clause 4 or the fourth provision of some other type as appropriate).
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 7(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 7(2)(b).
Repeal of amending and repealing instruments containing other provisions
Item Instrument name and series number (if any) FRLI identifier
1 AUSTUDY/ABSTUDY Supplement Regulations (Amendment) (s. 2), SR 1995 No. 394 F1996B00635
2 AUSTUDY/ABSTUDY Supplement Regulations (Amendment) (s. 2), SR 1996 No. 255 F1996B00105
3 Classification Amendment Principles 2001 (No. 1) (s. 4) F2001B00209
4 Classification Amendment Principles 2008 (No. 1) (s. 4 and 5) F2008L00830
5 Residential Care Subsidy Amendment Principles 2005 (No. 1) (s. 4) F2005L00330
6 Residential Care Subsidy Amendment Principles 2009 (No. 2) (s. 4) F2009L04648
7 Sanctions Amendment Principles 2001 (No. 1) (s. 4) F2001B00051
8 User Rights Amendment Principles 2001 (No. 2) (s. 4) F2001B00470
9 User Rights Amendment Principles 2006 (No. 1) (s. 4) F2006L01469
10 User Rights Amendment Principles 2008 (No. 3) (s. 4) F2008L04696
Schedule 4—Repeal of other redundant instruments
Guide to this Schedule
This Schedule repeals legislative instruments that are spent or no longer required, and that are not covered by the previous Schedules.
More information about why the instruments are spent or no longer required is provided in the explanatory statement accompanying this regulation.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 8(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 8(2)(b).
Part 1—Instruments past their date of effect
Instruments past their date of effect
Item Instrument name and series number (if any) FRLI identifier
1 Aged Care (Amount of flexible care subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2009 (No. 1) F2009L03345
2 Aged Care (Amount of Flexible Care Subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2011 (No. 1) F2011L01178
10 Social Security (Administration) (Declared voluntary income management area — Cape York) Determination 2009 (No. 1) F2009L04213
11 Social Security (Administration) (Income Management — Crediting of Accounts) Rules 2008 F2008L03444
Part 2—Exempt lump sum instruments
Exempt lump sum instruments
Item Instrument name and series number (if any) FRLI identifier
1 Social Security Exempt Lump Sum (Dependant Pension Lump Sum Payment and Closure) (FaHCSIA) Determination 2009 F2009L03607
2 Social Security (Exempt Lump Sum) (Dependants’ Pension Lump Sum Payment and Closure) (DEEWR) Determination 2009 (No. 1) F2009L03619
3 Social Security Exempt Lump Sum Determination No. 1 of 1998 F2008B00530
4 Social Security Exempt Lump Sum Determination No. 1 of 1999 F2008B00531
5 Social Security Exempt Lump Sum Determination No. 3 of 1999 F2008B00533
6 Social Security Exempt Lump Sum Determination No. 2 of 2000 F2007B00424
7 Social Security Exempt Lump Sum Determination No. 1 of 2001 F2007B00274
8 Social Security Exempt Lump Sum Determination No. 3 of 2003 F2007B00272
9 Social Security Exempt Lump Sum Determination No. 5 of 2004 F2007B00106
10 Social Security Exempt Lump Sum Determination No. 6 of 2004 F2007B00107
11 Social Security Exempt Lump Sum (Exceptional Circumstances Exit Grant) (DEEWR) Determination 2008 F2008L00707
12 Social Security Exempt Lump Sum (Exceptional Circumstances Exit Grant) (FaHCSIA) Determination 2008 F2008L00705
13 Social Security Exempt Lump Sum (Fisheries Adjustment Package (Securing Our Fishing Future) 2005) (DEWR) Determination 2006 F2006L00819
14 Social Security Exempt Lump Sum (Fisheries Adjustment Package (Securing Our Fishing Future) 2005) (FaCSIA) Determination 2006 F2006L00713
15 Social Security (Exempt Lump Sum) (Murray-Darling Basin Small Block Irrigators Exit Grant) (DEEWR) Determination 2008 (No. 1) F2008L04678
16 Social Security Exempt Lump Sum (Murray-Darling Basin Small Block Irrigators Grant) (FaHCSIA) Determination 2008 F2008L04670
17 Social Security Exempt Lump Sum (New South Wales Aboriginal Trust Fund Repayment Scheme) (DEST) Determination 2005 F2005L02884
18 Social Security Exempt Lump Sum (New South Wales Aboriginal Trust Fund Repayment Scheme) (DEWR) Determination 2005 F2005L02661
19 Social Security Exempt Lump Sum (New South Wales Aboriginal Trust Fund Repayment Scheme) (FaCS) Determination 2005 F2005L02684
20 Social Security Exempt Lump Sum (Queensland Government Redress Scheme) (DEST) Determination 2007 F2007L03723
21 Social Security Exempt Lump Sum (Queensland Government Redress Scheme) (DEWR) Determination 2007 F2007L03631
22 Social Security Exempt Lump Sum (Queensland Government Redress Scheme) (FaCSIA) Determination 2007 F2007L03594
Part 3—Other instruments no longer required
Other instruments no longer required
Item Instrument name and series number (if any) FRLI identifier
1 Aged Care (Consequential Provisions) Act 1997 - Determination of additional amount payable in respect of residential care services under subsection 60(1), AC(CP)A Ch 3 No. 1/2007 F2007L02053