National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (81 of 2024)

Schedule 1   Main amendments

Part 3   Application and transitional provisions

139   Transitional rules to apply for certain provisions until Category A rules commence

(1) This item applies in relation to a provision covered by subitem (2) until the commencement of the first National Disability Insurance Scheme rules made for the purposes of the provision.

(2) The following provisions of the National Disability Insurance Scheme Act 2013 are covered by this subitem:

(a) subsection 32B(1);

(b) subparagraph 32C(c)(ii);

(c) subsection 32E(4);

(d) subsection 32K(1);

(e) subsection 32L(2);

(f) subsection 32L(6);

(g) subsection 32L(7A).

(3) The provision has effect as if a reference in the provision to the National Disability Insurance Scheme rules were a reference to rules made under item 138 of this Schedule.

(4) The following provisions of the National Disability Insurance Scheme Act 2013 apply (subject to subitems (5) to (8) of this item) in relation to the making of rules under item 138 for the purposes of a provision covered by subitem (2) of this item in the same way as those provisions apply in relation to the making of Category A National Disability Insurance Scheme rules:

(a) subsections 209(1A), (2), (3), (4) and (6A);

(b) sections 209A to 209C.

(5) Subitem (6) applies if:

(a) the Minister proposes to make rules under item 138 for the purposes of a provision covered by subitem (2) of this item; and

(b) the Prime Minister gives notice, and provides a copy, of the rules under paragraphs 209C(2)(a) and (b), or (9)(a) and (b), of the National Disability Insurance Scheme Act 2013 (as those paragraphs apply because of subitem (4) of this item); and

(c) a majority of the First Ministers of the host jurisdictions do not give the Prime Minister notices under paragraph 209C(3)(a) of that Act (as that paragraph applies because of subitem (4) of this item) in relation to the rules before the end of 14 days beginning on the day the notice mentioned in paragraph (b) of this subitem was given.

(6) The Prime Minister may, before the end of 7 days after the end of the 14-day period, give the Minister written notice under this subitem that the Prime Minister considers that the Minister should not be prevented from making the rules and, if the Prime Minister does so, each host jurisdiction is taken to have agreed to the making of the rules.

(7) To avoid doubt:

(a) subsections 209C(6) and (7) of the National Disability Insurance Scheme Act 2013 apply in working out whether there is a majority for the purposes of paragraph (5)(c) of this item in the same way as they apply in working out whether there is a majority for the purposes of subsection 209C(8) or (9) of that Act; and

(b) subitem (6) of this item does not limit subsection 209C(9) of that Act (as it applies because of subitem (4)).

(8) Subparagraph 209(6A)(a)(i) of the National Disability Insurance Scheme Act 2013 applies as mentioned in subitem (4) as if:

(a) a reference in that subparagraph to a provision of that Act included a reference to that provision as it applies because of that subitem; and

(b) that subparagraph included a reference to this item, in addition to the provisions referred to in that subparagraph.

(9) A reference in this item to a provision of the National Disability Insurance Scheme Act 2013 is a reference to that provision as in force on and after the commencement of this Schedule.