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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Inspector-General of Aged Care
(Consequential and Transitional
Provisions) Bill 2023
No. , 2023
(Health and Aged Care)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the Inspector-General of Aged Care Act 2023, and
for related purposes
No. , 2023
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Consequential amendments
3
Aged Care Act 1997
3
Aged Care Quality and Safety Commission Act 2018
3
National Anti-Corruption Commission Act 2022
4
Schedule 2--Application, saving and transitional provisions
5
No. , 2023
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the Inspector-General of Aged Care Act 2023, and
3
for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Inspector-General of Aged Care (Consequential
7
and Transitional Provisions) Act 2023
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
No. , 2023
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as the
Inspector-General of
Aged Care Act 2023
commences.
However, the provisions do not commence at
all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Consequential amendments
Schedule 1
No. , 2023
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
3
Schedule 1--Consequential amendments
1
2
Aged Care Act 1997
3
1 After paragraph 86-3(1)(b)
4
Insert:
5
(baa) to the
*
Inspector-General of Aged Care to assist in the
6
performance of the functions, or the exercise of the powers,
7
of the Inspector-General of Aged Care under the
8
Inspector-General of Aged Care Act 2023
or instruments
9
made under that Act; and
10
2 Clause 1 of Schedule 1
11
Insert:
12
Inspector-General of Aged Care
means the Inspector-General of
13
Aged Care referred to in section 9 of the
Inspector-General of
14
Aged Care Act 2023
.
15
Aged Care Quality and Safety Commission Act 2018
16
3 Section 7
17
Insert:
18
Inspector-General of Aged Care
means the Inspector-General of
19
Aged Care referred to in section 9 of the
Inspector-General of
20
Aged Care Act 2023
.
21
4 After paragraph 61(1)(b)
22
Insert:
23
(ba) to the Inspector-General of Aged Care to assist in the
24
performance of the functions, or the exercise of the powers,
25
of the Inspector-General of Aged Care under the
26
Inspector-General of Aged Care Act 2023
or instruments
27
made under that Act; or
28
Schedule 1
Consequential amendments
4
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
No. , 2023
National Anti-Corruption Commission Act 2022
1
5 Section 7
2
Insert:
3
Inspector-General of Aged Care
means the Inspector-General of
4
Aged Care referred to in section 9 of the
Inspector-General of
5
Aged Care Act 2023
.
6
6 After paragraph 15(p)
7
Insert:
8
(pa) the Inspector-General of Aged Care;
9
Application, saving and transitional provisions
Schedule 2
No. , 2023
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
5
Schedule 2--Application, saving and
1
transitional provisions
2
3
1 Definitions
4
In this Schedule:
5
IGAC Act
means the
Inspector-General of Aged Care Act 2023
.
6
Inspector-General
has the same meaning as in the IGAC Act.
7
interim Inspector-General
means an Inspector-General of Aged Care
8
appointed by the Secretary on an interim basis before the transition
9
time.
10
transition time
means the commencement of the IGAC Act.
11
2 Transfer of records
12
(1)
This item applies to any records or documents that were in the
13
possession of the following immediately before the transition time:
14
(a) the interim Inspector-General;
15
(b) an APS employee of the Department who, before that time,
16
was assisting the interim Inspector-General.
17
(2)
The records and documents are to be transferred to the
18
Inspector-General after the transition time.
19
Note:
The records and documents are Commonwealth records for the purposes of the
Archives
20
Act 1983
.
21
3 Review may relate to matters occurring before or after
22
transition time
23
The Inspector-General may conduct a review under section 17 of the
24
IGAC Act for the purpose of performing a function referred to in
25
paragraphs 10(1)(a) to (d) of that Act in relation to the performance of
26
functions, duties or obligations, exercise of powers or rights,
27
establishment of systems or implementation of recommendations
28
referred to in those paragraphs before or after the transition time.
29
4 Rules
30
(1)
The Minister may, by legislative instrument, make rules prescribing
31
matters:
32
Schedule 2
Application, saving and transitional provisions
6
Inspector-General of Aged Care (Consequential and Transitional
Provisions) Bill 2023
No. , 2023
(a) required or permitted by this Act to be prescribed by the
1
rules; or
2
(b) necessary or convenient to be prescribed for carrying out or
3
giving effect to this Act.
4
(2)
Without limiting subitem (1), the rules may prescribe matters of a
5
transitional nature (including prescribing any saving or application
6
provisions) relating to:
7
(a) the amendments or repeals made by this Act; or
8
(b) the enactment of this Act or the IGAC Act.
9
(3)
To avoid doubt, the rules may not do the following:
10
(a) create an offence or civil penalty;
11
(b) provide powers of:
12
(i) arrest or detention; or
13
(ii) entry, search or seizure;
14
(c) impose a tax;
15
(d) set an amount to be appropriated from the Consolidated
16
Revenue Fund under an appropriation in this Act or the
17
IGAC Act;
18
(e) directly amend the text of this Act or the IGAC Act.
19