Explanatory Memorandum
(Circulated by the authority of the Hon. Joe Hockey, Minister for Human Services)Notes on clauses
Part 1 - Preliminary
Clause 1 is a formal provision specifying the short title.
Clause 2(1) of the Bill provides that each provision of the Bill 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 is taken to have effect according to its terms.
Item 1 of the table provides that clauses 1 to 3 of the Bill (containing the short title, the commencement provision and the provision explaining the operation of the Schedules to the Bill) will commence on the day on which the Bill receives Royal Assent.
Item 2 of the table provides that Schedule 1 of the Bill (that is, the amendments relating to Centrelink) commences on a single day to be fixed by Proclamation (the reference to a "single day" means that all of the provisions must be Proclaimed to commence at the same time). However, if the provisions have not been proclaimed to have commenced within the period of 6 months beginning on the day on which the Act receives Royal Assent, the provisions will commence on the first day after the end of that period.
Items 3, 5 and 7 of the table provide that items 1 and 2 of Schedule 2 (which amend the long and short title of the Health Insurance Commission Act 1973 ) commence on a single day to be fixed by Proclamation (the reference to a "single day" means that both of the provisions must be proclaimed to commence at the same time). However, if the provisions have not been proclaimed to have commenced within the period of 6 months beginning on the day on which the Act receives Royal Assent, the provisions will commence on the first day after the end of that period. Items 4 and 6 of the table provide for a slightly different commencement for items 3 and 28 of Schedule 2. These items commence immediately after, and not at the same time, as the other items of Schedule 2 because of a minor drafting technicality.
Clause 3 provides that each Act that is specified in a Schedule to the Bill is amended or repealed as set out in that Schedule and any other item in a Schedule has effect according to its terms.
Schedule 1 to the Bill provides for amendments relating to Centrelink. Part 1 of Schedule 1 deals with amendments to the Commonwealth Services Delivery Act 1997 , Part 2 contains consequential amendments to other legislation arising from the amendments to the Commonwealth Services Delivery Act 1997 , while Part 3 contains transitional provisions to ensure that governance changes do not disrupt Centrelink's service delivery to customers and to cover other transitional issues such as reporting.
Schedule 2 to the Bill provides for amendments relating to the Health Insurance Commission. Part 1 of Schedule 1 deals with amendments to the Health Insurance Commission Act 1973 , Part 2 contains consequential amendments to other legislation arising from the amendments to the Health Insurance Commission Act 1973 , while Part 3 contains transitional provisions to ensure that governance changes do not disrupt the Health Insurance Commission's service delivery to customers and to cover other transitional issues such as reporting.