Supplementary Order Paper No 26

No 26

House of Representatives

Supplementary Order Paper

Tuesday, 8 May 2018

Social Security Legislation Rewrite Bill

Proposed motion to divide Bill into 3 Bills

Hon Carmel Sepuloni, in Committee, to move as follows:

That the enacting words, clauses 1 and 2, Parts 1 to 8, and Schedules 1 to 12 be a separate Bill, and that the enacting words and clauses 1 and 2 be replaced with:

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Social Security Act 2018.

2 Commencement

(1)

This Act comes into force on 26 November 2018.

(2)

However, the following specified provisions come into force on the day after the date on which this Act receives the Royal assent:

(a)

section 7 (directions):

(b)

sections 85 to 88 (notices):

(c)

section 351 (directions):

(d)

section 359 (orders):

(e)

sections 397 to 433 (regulations, directions, notices, and orders):

(fa)

clause 51 of Schedule 1 (orders):

(g)

clause 65 of Schedule 1 (regulations):

(h)

clauses 15 and 17 of Schedule 3 (rules):

(i)

clauses 10(3) and 18 of Schedule 6 (regulations and orders).

(3)

A power that is conferred by those specified provisions, and that is exercised on or after the day after the date on which this Act receives the Royal assent and before 26 November 2018, may be exercised only with effect on or after 26 November 2018.

(4)

If subsections (2) and (3) are to be, or have been, relied on to exercise a power,—

(a)

all other enactments relevant to the power’s exercise, and that have not yet commenced, must be treated as if they had commenced; and

(b)

a legal position that would be conferred or imposed by an enactment relevant to the power’s exercise, and that has not yet commenced, must be treated as if it has accrued or been imposed.

(5)

This section does not affect the application of the Interpretation Act 1999 to this Act.

(6)

However, the following specified provisions (which relate to 2016 youth services amendments) come into force on a date that is, or is after, 26 November 2018, and is appointed by the Governor-General by Order in Council:

(aaa)

sections 95(2)(h) and (ia), 150, 153, 258, and 259:

(aab)

the cross-heading above section 150:

(a)

paragraph (c) of the definition of young person obligation in section 251:

(aa)

section 410(1)(e)(iii)(b):

(b)

clauses 66 to 70 of Schedule 1.

(7)

One or more orders may be made under subsection (6) bringing different provisions into force on different dates.

Compare: 1999 No 85 s 11

That Part 9 and Schedules 13 to 15 be a separate Bill, and that the Part 9 heading and Contents to Part 9 be replaced with:

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Residential Care and Disability Support Services Act 2018.

2 Commencement

(1)

This Act comes into force on 26 November 2018.

(2)

However, specified provisions, namely sections 489, 506, and 510 to 512 (notices and regulations), come into force on the day after the date on which this Act receives the Royal assent.

(3)

A power that is conferred by those specified provisions, and that is exercised on or after the day after the date on which this Act receives the Royal assent and before 26 November 2018, may be exercised only with effect on or after 26 November 2018.

(4)

If subsections (2) and (3) are to be, or have been, relied on to exercise a power,—

(a)

all other enactments relevant to the power’s exercise, and that have not yet commenced, must be treated as if they had commenced; and

(b)

a legal position that would be conferred or imposed by an enactment relevant to the power’s exercise, and that has not yet commenced, must be treated as if it has accrued or been imposed.

(5)

This section does not affect the application of the Interpretation Act 1999 to this Act.

That Part 10 and Schedule 16 be a separate Bill, and that the Part 10 heading and Contents to Part 10 be replaced with:

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Artificial Limb Service Act 2018.

2 Commencement

This Act comes into force on 26 November 2018.

Explanatory note

This Supplementary Order Paper sets out a motion to divide the Social Security Legislation Rewrite Bill into the following 3 Bills:

  • Social Security Bill:

  • Residential Care and Disability Support Services Bill:

  • Artificial Limb Service Bill.