Education (Spent and Redundant Instruments) Repeal Regulation 2014 (Australia)

Education (Spent and Redundant Instruments) Repeal Regulation 2014

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Education (Spent and Redundant Instruments) Repeal Regulation 2014

Select Legislative Instrument No. 16, 2014
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Legislative Instruments Act 2003.
Dated 13 March 2014
Quentin Bryce
Governor‑General
By Her Excellency’s Command
George Brandis QC
Attorney‑General




Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Guide to this regulation....................................................................... 1
5............ Repeal of amending and repealing instruments................................... 2
6............ Repeal of commencement instruments................................................ 2
7............ Repeal of amending and repealing instruments containing other provisions             2
8............ Repeal of other redundant instruments................................................ 2
9............ Expiry of regulation............................................................................ 3
Schedule 1—Repeal of amending and repealing instruments                    4
Schedule 2—Repeal of commencement instruments                                        8
Schedule 3—Repeal of amending and repealing instruments containing other provisions          9
Schedule 4—Repeal of other redundant instruments                                    11

1 Name of regulation
                   This regulation is the Education (Spent and Redundant Instruments) Repeal Regulation 2014.
2 Commencement
                   This regulation commences on the day after it is registered.
3 Authority
                   This regulation is made under the Legislative Instruments Act 2003.
4 Guide to this regulation
This regulation repeals legislative instruments that are spent or no longer required, as authorised by section 48E of the Legislative Instruments Act 2003.
To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.
Schedule 1 deals with solely amending and repealing instruments.
Schedule 2 deals with commencement instruments.
Schedule 3 deals with amending and repealing instruments that contain application, saving or transitional provisions.
Schedule 4 deals with other instruments that are spent or no longer required.
This regulation contains saving provisions that apply to the repeals, in addition to the provision made by section 7 of the Acts Interpretation Act 1901. That section applies to this regulation because of section 13 of the Legislative Instruments Act 2003.
5 Repeal of amending and repealing instruments
             (1) Each instrument mentioned in Schedule 1 is repealed.
             (2) The repeal of an instrument by this section does not affect any amendment or repeal (however described) made by the instrument.
             (3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
6 Repeal of commencement instruments
             (1) Each instrument mentioned in Schedule 2 is repealed.
             (2) The repeal of an instrument by this section does not affect any commencement provided by the instrument.
             (3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
7 Repeal of amending and repealing instruments containing other provisions
             (1) Each instrument mentioned in Schedule 3 is repealed.
             (2) The repeal of an instrument by this section does not affect:
                     (a) any amendment or repeal (however described) made by the instrument; or
                     (b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
             (3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
8 Repeal of other redundant instruments
             (1) Each instrument mentioned in Schedule 4 is repealed.
             (2) The repeal of an instrument by this section does not affect:
                     (a) any amendment or repeal (however described) made by the instrument; or
                     (b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
             (3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
9 Expiry of regulation
                   This regulation expires on the day after it commences, as if it had been repealed by another regulation.
Schedule 1—Repeal of amending and repealing instruments

Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that are spent, and that would have been repealed automatically under section 48A of the Legislative Instruments Act 2003 if they had been made after the commencement of that section. This Schedule does not include instruments with an application, saving or transitional provision: see Schedule 3.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see subsection 5(2).

Repeal of amending and repealing instruments

Item
Instrument name and series number (if any)
FRLI identifier

1
A New Tax System (Family Assistance) (Child Care Benefit — Children in respect of whom no‑one is eligible) Amendment Determination 2008 (No. 1)
F2008L02443

2
A New Tax System (Family Assistance) (Child Care Benefit — Circumstances in which activity requirements do not apply) Amendment Determination 2008 (No. 1)
F2008L02444

3
A New Tax System (Family Assistance) (Child Care Benefit — Recognised Work or Work Related Commitments) Amendment Determination 2008 (No. 1)
F2008L02445

4
A New Tax System (Family Assistance) (Child Care Benefit – Recognised Work or Work Related Commitments) Amendment Determination 2011 (No. 1)
F2011L01706

5
Child Care Benefit (Absence From Care – Permitted Circumstances) Amendment Determination 2009 (No. 1)
F2009L04446

6
Child Care Benefit (Absence From Care – Permitted Circumstances) Amendment Determination 2011 (No. 1)
F2011L01708

7
Child Care Benefit (Absence from Care – Permitted Circumstances) Amendment Determination (No. 1) 2000
F2007B00432

8
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1)
F2007B00315

9
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2006 (No. 1)
F2006L02029

10
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No. 1)
F2011L01902

11
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No. 2)
F2011L01709

12
Child Care Benefit (Allocation of Child Care Places) Amendment Determination (No. 1) 2000
F2007B00314

13
Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2001 (No. 1)
F2007B00311

14
Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2003 (No. 1)
F2007B00312

15
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2001 (No. 1)
F2006B01546

16
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2002 (No. 1)
F2006B01547

17
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No. 1)
F2006B01548

18
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No. 2)
F2006B01550

19
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2005 (No. 1)
F2005L03086

20
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2006 (No. 1)
F2006L02030

21
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2006 (No. 2)
F2006L03342

22
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2007 (No. 1)
F2007L01374

23
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2008 (No. 1)
F2009L00114

24
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination (No. 1) 2000
F2006B01545

25
Child Care Benefit (Hours of Eligibility Rules) Amendment Determination 2008 (No. 1)
F2008L02401

26
Child Care Benefit (Work/Training/Study Test Exemption) Amendment Determination 2004 (No. 1)
F2007B00132

27
Child Care Benefit (Work/Training/Study Test Exemption) Amendment Determination 2009 (No. 1)
F2009L04445

28
Child Care Benefit (Work/Training/Study Test Exemption) Amendment Determination 2012 (No. 1)
F2012L02035

29
Child Care (Transitional) Repeal Regulations 2009, SLI 2009 No. 362
F2009L04367

30
Family Assistance (Exemption from Immunisation Requirements) Amendment Determination 2008 (No. 1)
F2008L02403

31
Schools Assistance Amendment Regulation 2012 (No. 1), SLI 2012 No. 223
F2012L01875

32
Schools Assistance Amendment Regulations 2009 (No. 1), SLI 2009 No. 223
F2009L03331

33
Schools Assistance Amendment Regulations 2009 (No. 2), SLI 2009 No. 324
F2009L04324

34
Schools Assistance Amendment Regulations 2010 (No. 1), SLI 2010 No. 292
F2010L03046

35
Schools Assistance Amendment Regulations 2011 (No. 1), SLI 2011 No. 60
F2011L00756

36
Schools Assistance Amendment Regulations 2011 (No. 2), SLI 2011 No. 161
F2011L01803

37
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2005 (No. 1), SLI 2005 No. 216
F2005L03010

38
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2005 (No. 2), SLI 2005 No. 234
F2005L03211

39
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2006 (No. 1), SLI 2006 No. 246
F2006L03147

40
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2006 (No. 2), SLI 2006 No. 295
F2006L03666

41
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2006 (No. 3), SLI 2006 No. 311
F2006L03886

42
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2007 (No. 1), SLI 2007 No. 156
F2007L01829

43
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2007 (No. 2), SLI 2007 No. 350
F2007L04106

44
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2008 (No. 1), SLI 2008 No. 37
F2008L00963

45
Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2008 (No. 2), SLI 2008 No. 202
F2008L03631

Schedule 2—Repeal of commencement instruments

Guide to this Schedule
This Schedule repeals commencement instruments that are spent, and that would have been repealed automatically under section 48B of the Legislative Instruments Act 2003 if they had been made after the commencement of that section.
The repeal of an instrument by this Schedule does not affect any commencement the instrument provides for: see subsection 6(2).

Repeal of commencement instruments

Item
Instrument name and series number (if any)
FRLI identifier

1
Proclamation for the Education Services for Overseas Students (Registration Charges) Amendment Act 2011 (made on 19 October 2011)
F2011L02107

2
Proclamation for the Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007 (made on 6 September 2007)
F2007L03553

3
Proclamation for the Higher Education Legislation Amendment (Student Services and Amenities) Act 2011 (made on 23 November 2011)
F2011L02499

Schedule 3—Repeal of amending and repealing instruments containing other provisions

Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that also contain application, saving or transitional provisions. The amendments and repeals have happened, and the application, saving or transitional provisions are no longer required. The instruments do not contain any other substantive provisions.
To assist the reader, the location of each application, saving or transitional provision in an instrument is identified in brackets after its name, with “s” used to indicate the provision (e.g. “s. 4” may refer to section 4, regulation 4, clause 4 or the fourth provision of some other type as appropriate).
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 7(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 7(2)(b).

Repeal of amending and repealing instruments containing other provisions

Item
Instrument name and series number (if any)
FRLI identifier

1
A New Tax System (Family Assistance) (Administration) (Child Care Benefit — Record Keeping) Amendment Rules 2008 (No. 1) (s. 4)
F2008L00955

2
A New Tax System (Family Assistance) (Child Care Benefit — Eligible Hours of Care) Amendment Determination 2007 (No. 1) (s. 4)
F2007L04269

3
Child Care Benefit (Absence From Care — Permitted Circumstances) Amendment Determination 2007 (No. 1) (s. 4)
F2007L04266

4
Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2011 (No. 1) (s. 4)
F2011L02393

5
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2005 (No. 2) (s. 4)
F2005L04174

6
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2011 (No. 1) (s. 4)
F2011L01707

7
Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2011 (No. 2) (s. 4 and 5)
F2011L02402

8
Child Care Benefit (Rates and Hardship) Amendment Determination 2007 (No. 1) (s. 4)
F2007L04268

9
Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1) (s. 4)
F2007L04267

Schedule 4—Repeal of other redundant instruments

Guide to this Schedule
This Schedule repeals legislative instruments that are spent or no longer required, and that are not covered by the previous Schedules.
More information about why the instruments are spent or no longer required is provided in the explanatory statement accompanying this regulation.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 8(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 8(2)(b).

Repeal of other redundant instruments

Item
Instrument name and series number (if any)
FRLI identifier

1
Child Care Benefit (Exemption from Eligibility Rules—Specified Child Care Services) Determination 2004
F2007B00223

2
Family Assistance Estimate Tolerance (Transition) Determination 2001
F2007B00364

3
Family Assistance (Household Organisational Management Expenses (HOME) Advice Program) Determination 2004
F2007B00178

4
Family Assistance (Waiver of Debts — Victorian Bushfires) (DEEWR) Specification 2009
F2009L01794