No. 37, 2013
Compilation No. 12
Compilation date: 6 July 2024
Includes amendments: Act No. 54, 2024
Registered: 17 July 2024
About this compilation
This compilation
This is a compilation of the DisabilityCare Australia Fund Act 2013 that shows the text of the law as amended and in force on 6 July 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline
5 Crown to be bound
6 Extension to external Territories
7 Extra-territorial application
8 Object
Part 2--DisabilityCare Australia Fund
Division 1--Introduction
9 Simplified outline
Division 2--Establishment of the DisabilityCare Australia Fund etc.
10 Establishment of the DisabilityCare Australia Fund
11 Establishment of the DisabilityCare Australia Fund Special Account
Division 3--Credits of amounts to the DisabilityCare Australia Fund
12 Credits to Special Account--determinations by the Treasurer
13 Maximum amount of credits for States and Territories for a financial year
Division 4--Debits of amounts from the DisabilityCare Australia Fund, etc.
14 Purposes of the DisabilityCare Australia Fund Special Account--main purposes
15 Purposes of the DisabilityCare Australia Fund Special Account--purposes related exclusively to the investments etc. of the DisabilityCare Australia Fund
16 Purposes of the DisabilityCare Australia Fund Special Account--purposes not related exclusively to the DisabilityCare Australia Fund
17 Reimbursing the Commonwealth--transfer to general CRF
18 Reimbursing the States and Territories--channelling of State/Territory grants payments through the Federation Reform Fund
19 Reimbursing the States and Territories--limit on annual debits based on maximum amount of credits for States and Territories
20 Reimbursing the States and Territories--recommendations about grants payments
21 Reimbursing the States and Territories--debit from the Federation Reform Fund
22 Reimbursing the States and Territories--grant to a State or Territory
23 Future Fund Board must ensure that there is sufficient money in the DisabilityCare Australia Fund Special Account to cover authorised debits etc.
Division 5--Inter-fund transfers
24 Transfers from the DisabilityCare Australia Fund to the Future Fund
Part 3--Investment of the DisabilityCare Australia Fund
25 Simplified outline
26 Objects of investment of the DisabilityCare Australia Fund
27 Investment of the DisabilityCare Australia Fund
28 Management of investments of the DisabilityCare Australia Fund
29 DisabilityCare Australia Fund Investment Mandate
30 Limitation on DisabilityCare Australia Fund Investment Mandate
31 Future Fund Board to be consulted on DisabilityCare Australia Fund Investment Mandate
32 Compliance with DisabilityCare Australia Fund Investment Mandate
33 Future Fund Board must not trigger the takeover provisions of the Corporations Act 2001
34 Borrowing
35 DisabilityCare Australia Fund investment policies
36 Derivatives
37 Additional financial assets
38 Securities lending arrangements
41 Refund of franking credits
42 Realisation of non-financial assets
43 Additional function of the Future Fund Board
Part 4--Reporting obligations etc.
44 Finance Minister to prepare report on balance of DisabilityCare Australia Special Account etc.
45 Finance Minister may require Future Fund Board to prepare reports or give information
46 Keeping the responsible Ministers informed etc.
47 Finance Minister may give reports to other Ministers etc.
Part 6--Miscellaneous
52 Delegation by the Finance Minister
53 Delegation by the National Disability Insurance Minister
54 Delegation by the Treasurer
55 Review of operation of Act
56 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
37, 2013 | 28 May 2013 | s 3-8, 48-51 and 53: 1 July 2013 (s 2(1) items 2, 4, 6) |
| |
62, 2014 | 30 June 2014 | Sch 8 (items 127-137) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Medical Research Future Fund (Consequential Amendments) Act 2015 | 117, 2015 | 26 Aug 2015 | Sch 1 (items 4-6): 27 Aug 2015 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 173, 174): 5 Mar 2016 (s 2(1) item 2) | -- |
Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) Act 2018 | 146, 2018 | 30 Nov 2018 | Sch 1 (items 4-6): 1 Feb 2019 (s 2(1) item 2) | -- |
56, 2019 | 30 July 2019 | Sch 1 (items 7-9) and Sch 2 (items 8-10, 41-43): 1 Sept 2019 (s 2(1) item 2) | Sch 2 (items 41-43) | |
91, 2019 | 28 Oct 2019 | Sch 1 (items 7-9) and Sch 2 (items 7-10, 43-45): 12 Dec 2019 (s 2(1) item 1) | Sch 2 (items 43-45) | |
27, 2022 | 1 Apr 2022 | Sch 3 (item 62): 8 Apr 2022 (s 2(1) item 30) | -- | |
Emergency Response Fund Amendment (Disaster Ready Fund) Act 2022 | 65, 2022 | 29 Nov 2022 | Sch 1 (items 164-166): 1 Mar 2023 (s 2(1) item 2) | -- |
Treasury Laws Amendment (Housing Measures No. 1) Act 2023 | 81, 2023 | 28 Sept 2023 | Sch 4 (items 7-9): 1 Nov 2023 (s 2(1) item 6) | -- |
54, 2024 | 5 July 2024 | Sch 1 (items 10, 11, 29-40): 6 July 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 54, 2024 |
s 4..................... | am No 62, 2014; No 91, 2019; No 27, 2022; No 54, 2024 |
Part 2 |
|
Division 1 |
|
s 9..................... | am No 54, 2024 |
Division 2 |
|
s 11.................... | am No 62, 2014 |
Division 4 |
|
s 14.................... | am No 54, 2024 |
s 15.................... | am No 62, 2014 |
s 16.................... | am No 62, 2014; No 117, 2015; No 146, 2018; No 56, 2019; No 91, 2019; No 65, 2022; No 81, 2023 |
s 18.................... | am No 54, 2024 |
s 21.................... | am No 54, 2024 |
s 22.................... | am No 54, 2024 |
Part 3 |
|
s 28.................... | am No 62, 2014 |
s 29.................... | am No 126, 2015 |
s 31.................... | am No 126, 2015 |
s 40.................... | rep No 62, 2014 |
Part 5................... | rep No 62, 2014 |
s 48.................... | rep No 62, 2014 |
s 49.................... | rep No 62, 2014 |
s 50.................... | rep No 62, 2014 |
s 51.................... | rep No 62, 2014 |
Part 6 |
|
s 53.................... | am No 62, 2014 |