HUMAN SERVICES LEGISLATION AMENDMENT ACT 2011 - SCHEDULE 5 Provisions relating to the Chief Executive Centrelink etc.

Commonwealth Consolidated Acts

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HUMAN SERVICES LEGISLATION AMENDMENT ACT 2011 - SCHEDULE 5

Provisions relating to the Chief Executive Centrelink etc.

595 Subclause 1(1) of Schedule 5

Omit "the CEO or an employee of the Agency", substitute "the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 )".

596 Subclause 1(1) of Schedule 5

Omit "information to the CEO", substitute "information to the Chief Executive Centrelink".

597 Subclause 1(2) of Schedule 5

Omit "the CEO or an employee of the Agency", substitute "the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 )".

598 Subclause 1(2) of Schedule 5

Omit "Agency, or lodge it with the Agency", substitute "Human Services Department, or lodge it with the Human Services Department".

599 Paragraph 1(3)(a) of Schedule 5

Omit "CEO", substitute "Chief Executive Centrelink".

600 Paragraph 1(3)(b) of Schedule 5

Omit "Agency, or lodges it with the Agency", substitute "Human Services Department, or lodges it with the Human Services Department".

601 Paragraph 1(4)(a) of Schedule 5

Omit "CEO", substitute "Chief Executive Centrelink".

602 Paragraph 1(4)(b) of Schedule 5

Omit "Agency, or lodge it with the Agency", substitute "Human Services Department, or lodge it with the Human Services Department".

603 Paragraph 2(1)(a) of Schedule 5

Omit "the CEO or an employee of the Agency", substitute "the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 )".

604 Paragraph 2(1)(c) of Schedule 5

Omit "CEO", substitute "Chief Executive Centrelink".

605 Paragraph 2(1)(d) of Schedule 5

Omit "Agency", substitute "Human Services Department".

606 Paragraph 2(1)(e) of Schedule 5

Omit "an employee of the Agency", substitute "a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 )".

Student Assistance Act 1973

607 Subsection 3(1) (definition of Agency )

Repeal the definition.

608 Subsection 3(1) (definition of Agency Act )

Repeal the definition.

608A Subsection 3(1)

Insert:

"centrelink program" has the same meaning as in the Human Services (Centrelink) Act 1997 .

609 Subsection 3(1) (definition of CEO )

Repeal the definition.

610 Subsection 3(1)

Insert:

"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .

611 Subsection 3(1) (second definition of employee )

Repeal the definition.

611A Subsection 3(1)

Insert:

"family assistance law" has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999 .

612 Subsection 3(1)

Insert:

"Human Services Department" means the Department administered by the Human Services Minister.

613 Subsection 3(1)

Insert:

"Human Services Minister" means the Minister administering the Human Services (Centrelink) Act 1997 .

613A Subsection 3(1)

Insert:

"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .

614 Subsection 3(1) (subpargaraph (b)(iii) of the definition of protected information )

Repeal the subparagraph, substitute:

(iii) the Human Services Department.

615 Subsection 3(1) (definition of service arrangements )

Repeal the definition.

615A Subsection 3(1)

Insert:

"social security law" has the same meaning as in the Social Security Act 1991 .

616 Subsection 338(2)

Omit "CEO", substitute "Chief Executive Centrelink".

617 Subsection 338(2A)

Repeal the subsection, substitute:

CEO may not subdelegate power under paragraph 355(1)(b)

(2A) If the Secretary delegates to the Chief Executive Centrelink the Secretary's power under paragraph 355(1)(b), the Chief Executive Centrelink cannot, despite section 12 of the Human Services (Centrelink) Act 1997 , delegate the power to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ).

617A After paragraph 351(2)(da)

Insert:

(db) for the purposes of the family assistance law; or

(dc) for the purposes of the social security law; or

(dd) for the purposes of the Paid Parental Leave Act 2010 ; or

617B Paragraph 355(1)(b)

Repeal the paragraph, substitute:

(b) disclose any such information:

(i) to the Secretary of a Department of State of the Commonwealth for the purposes of that Department; or

(ii) to the head of an authority of the Commonwealth for the purposes of that authority; or

(iii) to the Chief Executive Centrelink for the purposes of a centrelink program; or

(iv) to the Chief Executive Medicare for the purposes of a medicare program; or

Part 2 -- Amendments contingent on the commencement of the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010

Division 1--Amendments that commence if the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 does not commence before 1 July 2011

Excise Act 1901

618 Subsection 4(1)

Insert:

"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .

619 Subparagraph 159(3)(c)(vi)

Omit "Chief Executive Officer of the Commonwealth Services Delivery Agency established by the C ommonwealth Services Delivery Agency Act 1997 ", substitute "Chief Executive Centrelink".

620 Subparagraph 159(3)(d)(v)

Omit "Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 ", substitute "Chief Executive Centrelink".

Income Tax Assessment Act 1936

621 Subsection 6(1)

Insert:

"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .

622 Paragraph 16(4)(eb)

Omit "the Chief Executive Officer of the Commonwealth Services Delivery Agency, established by the Commonwealth Services Delivery Agency Act 1997 ", substitute "the Chief Executive Centrelink".

623 Paragraphs 16(4)(fa) and (fb)

Omit "the Chief Executive Officer of Medicare Australia", substitute "the Chief Executive Medicare".

624 Paragraph 16(4)(fca)

Omit "the Chief Executive Officer of Centrelink", substitute "the Chief Executive Centrelink".

Product Grants and Benefits Administration Act 2000

625 Section 5

Insert:

"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .

626 Subparagraph 47(3)(c)(v)

Omit "the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 ", substitute "the Chief Executive Centrelink".

627 Subparagraph 47(3)(d)(iv)

Omit "the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 ", substitute "the Chief Executive Centrelink".

Taxation Administration Act 1953

628 Subsection 355 - 5(5) in Schedule 1 (table item 4)

Omit "the Chief Executive Officer of the Commonwealth Services Delivery Agency", substitute "the Chief Executive Centrelink (within the meaning of the Human Services (Centrelink) Act 1997 )".

Division 2--Amendments that commence on the later of 1 July 2011 and when the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 commences

Taxation Administration Act 1953

629 Subsection 355 - 65(2) in Schedule 1 (table item 8)

Omit "the Chief Executive Officer of Medicare Australia", substitute "the Chief Executive Medicare (within the meaning of the Human Services (Medicare) Act 1973 )".

Part 3 -- Amendments contingent on the commencement of the Health Insurance Amendment (Compliance) Act 2011

Health Insurance Act 1973

630 Subsection 129AAD(1)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

631 Paragraph 129AAD(1)(b)

Omit "an employee of Medicare Australia", substitute "a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

632 Subsections 129AAD(3), (5) and (6)

Omit "an employee of Medicare Australia", substitute "a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

633 Paragraph 129AAD(11)(b)

Omit " Medicare Australia Act 1973 ", substitute " Human Services (Medicare) Act 1973 ".

634 Subsection 129AAG(1)

Omit "Medicare Australia CEO, or an employee of Medicare Australia", substitute "Chief Executive Medicare, (the CEO ) or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

Note: The heading to subsection 129AAG(1) is altered by omitting " CEO or employee of Medicare Australia " and substituting " Chief Executive Medicare or Departmental employee ".

635 Paragraph 129AAG(6)(b)

Omit " Medicare Australia Act 1973 ", substitute " Human Services (Medicare) Act 1973 ".

636 Subsection 129AAG(6)

Omit "an employee of Medicare Australia", substitute "a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

637 Subsection 129AAG(7)

Omit "An employee of Medicare Australia", substitute "A Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

638 Subsection 129AAH(1)

Omit "Medicare Australia CEO, or to an employee of Medicare Australia", substitute "Chief Executive Medicare (the CEO ), or to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

639 Subsection 129AAI(1)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

640 Subsection 129AAJ(1)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

641 Subsection 129AAJ(2)

Omit "Medicare Australia CEO", substitute "CEO".

644 Section 129AEA

Omit "Medicare Australia CEO" (wherever occurring), substitute "Chief Executive Medicare".

645 Subsection 129AEB(3) (table item 1)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

646 Subsection 129AEB(3) (table item 1)

Omit "an employee of Medicare Australia", substitute "a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

647 Subsection 129AEB(3) (table item 2)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

648 Subsection 129AEB(3) (table item 2)

Omit "an employee of Medicare Australia", substitute "a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

649 Subsection 129AEB(3) (table item 3)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

650 Subsection 129AEB(3) (table item 3)

Omit "an employee of Medicare Australia", substitute "a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

651 Subsection 129AEB(4)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare".

652 Subparagraph 129AEB(5)(a)(i)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare (the CEO )".

653 Section 129AEC

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare".

Part 4 -- Amendments contingent on the commencement of the National Health Amendment (Pharmaceutical Benefits) Scheme Act 2010

National Health Act 1953

654 Paragraph 135AA(5B)(a)

Omit "Medicare Australia CEO", substitute "Chief Executive Medicare".

Part 5 -- Amendments anticipating the enactment of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011

A New Tax System (Family Assistance) (Administration) Act 1999

655 At the end of subsection 162(2)

Add:

; or (f) with the express or implied authorisation of the person to whom the information relates.

Social Security (Administration) Act 1999

656 At the end of subsection 202(2)

Add:

; or (f) with the express or implied authorisation of the person to whom the information relates.

Student Assistance Act 1973

657 At the end of subsection 351(2) (before the note)

Add:

; or (f) with the express or implied authorisation of the person to whom the information relates.

Part 6 -- Amendments contingent on the commencement of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011

Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011

658 Subsection 2(1) (table item 5)

Repeal the item, substitute:

5. Schedule 4, items 1 to 3	The day after this Act receives the Royal Assent.
6. Schedule 4, item 4	The day after this Act receives the Royal Assent. However, if item 655 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.
7. Schedule 4, items 5 to 7	The day after this Act receives the Royal Assent.
8. Schedule 4, item 8	The day after this Act receives the Royal Assent. However, if item 656 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.
9. Schedule 4, items 9 to 11	The day after this Act receives the Royal Assent.
10. Schedule 4, item 12	The day after this Act receives the Royal Assent. However, if item 657 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.
11. Schedule 4, items 13 to 15	The day after this Act receives the Royal Assent.
12. Schedule 5	The day after this Act receives the Royal Assent.

1 Transitional regulations

(1) The Governor - General may make regulations in relation to transitional matters arising out of the amendments made by this Act.

(2) Regulations that are made:

(a) under subitem (1); and

(b) within 6 months after the commencement of this item;

may be expressed to take effect at a time that is earlier than the time when the regulations are made. The time must not be earlier than the commencement of this item.

(3) Subitem (2) has effect despite section 12 of the Legislative Instruments Act 2003 .

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