National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Senator DAVID POCOCK (Australian Capital Territory—Independent ACT Whip) (20:20): by leave—I was hoping I could note my support noted for amendment (2) on sheet 3829 and amendments (2) and (4) on sheet 3830. The TEMPORARY CHAIR ( Senator Grogan ): Certainly. The question now is that amendments on sheets 3826, 3828, 3833, 3843, 3844, 3845, 3846, 3850, 3852, 3853, 3922, 3930, 3931, 3932 and 3934 and the remaining amendments on sheets 3829, 3830, 3851 and 3933 be agreed to.

Australian Greens ' circulated amendments— SHEET 3826 (1) Schedule 5, item 1, page 109 (lines 9 to 17), omit subitems (2) and (3). _____ SHEET 3828 (1) Schedule 1, item 73, page 27 (before line 9), before subsection 34(1A), insert: (1AA) In specifying the general supports that will be provided, or the reasonable and necessary supports that will be funded, the CEO must consider specifying any general support or reasonable and necessary support that the participant requests to be specified during the preparation of the statement of participant supports.

(1AB) If: (a) in specifying the general supports that will be provided, or the reasonable and necessary supports that will be funded, the CEO considered specifying a particular support; but (b) the CEO did not specify that support because the CEO was not satisfied of a matter referred to in any of the paragraphs of subsection (1) in relation to that support; the CEO must give the participant a written notice setting out the following: (c) the matter in respect of which the CEO was not satisfied in relation to that support; (d) the CEO's reasons for not being so satisfied. _____ SHEET 3833 (1) Clause 1, page 1 (line 15), omit "Securing", substitute "Gutting".

(2) Schedule 1, item 35, page 15 (line 9), omit "Securing", substitute "Gutting". (3) Schedule 4, item 15, page 107 (line 11), omit "Securing", substitute "Gutting". (4) Schedule 4, item 16, page 107 (line 19), omit "Securing", substitute "Gutting".

(5) Schedule 4, item 20, page 108 (line 4), omit "Securing", substitute "Gutting". _____ SHEET 3843 (1) Clause 2, page 2 (table items 2 to 6), omit the table items, substitute: 2. Schedule 1, Parts 1 to 3 A single day to be fixed by an instrument under subsection (3). However, if the commencement of the provisions is not fixed by an instrument registered on the Federal Register of Legislation established under the Legislation Act 2003, before 1 October 2028, the provisions are repealed on that day. 3.

Schedule 1, Part 4 A single day to be fixed by an instrument under subsection (3). However, if the commencement of the provisions is not fixed by an instrument registered on the Federal Register of Legislation established under the Legislation Act 2003, before 1 October 2028, the provisions are repealed on that day. 4. Schedule 1, Parts 5 and 6 A single day to be fixed by an instrument under subsection (3).

However, if the commencement of the provisions is not fixed by an instrument registered on the Federal Register of Legislation established under the Legislation Act 2003, before 1 October 2028, the provisions are repealed on that day. 5. Schedule 1, Part 7 A single day to be fixed by an instrument under subsection (3). However, if the commencement of the provisions is not fixed by an instrument registered on the Federal Register of Legislation established under the Legislation Act 2003, before 1 October 2028, the provisions are repealed on that day. 6.

Schedule 1, Parts 8 and 9 A single day to be fixed by an instrument under subsection (3). However, if the commencement of the provisions is not fixed by an instrument registered on the Federal Register of Legislation established under the Legislation Act 2003, before 1 October 2028, the provisions are repealed on that day. (2) Clause 2, page 3 (after line 3), at the end of the clause, add: Commencement of table items 2, 3, 4, 5 and 6 (3) The Minister may, by notifiable instrument, fix a day for the purposes of items 2, 3, 4, 5 and 6 of the table.

(4) Before making an instrument under subsection (3), the Minister must be satisfied that: (a) there are established, funded and operational foundational supports in each host jurisdiction; and (b) those foundational supports are available and accessible to participants, or prospective participants, that are likely to be adversely affected by the amendments made by the provisions specified in column 1 of those table items. _____ SHEET 3844 (1) Schedule 1, item 4, page 4 (lines 18 to 23), omit subsection 9B(1), substitute: (1) A person's functional capacity, in relation to an activity, is the person's ability to undertake the activity without assistance from other people, assistive technology or modifications.

(1A) In determining, for the purposes of subsection (1), a person's ability to undertake an activity, the person's environmental, social, cultural and personal circumstances must be taken into account. _____ SHEET 3845 (1) Schedule 1, item 34, page 14 (after line 14), after subsection 34A(3), insert: (3A) Before making a determination under this section, the Minister must: (a) publish an exposure draft of the proposed determination; and (b) invite members of the public to give comments on the proposed determination within a specified period (the consultation period); and (c) take reasonable steps during the consultation period to consult the following persons and bodies on the proposed determination: (i) people with disability; (ii) organisations representing the disability community and disability sector; (iii) organisations representing the disability support provider sector; (iv) any other persons the Minister considers appropriate; and (d) publish: (i) a statement summarising the comments received during the consultation period and the Minister's response to those comments; and (ii) a disability impact statement setting out the expected effect of the proposed determination on participants and prospective participants.

(3B) For the purposes of paragraph (3A)(b), the consultation period must not be less than 28 days beginning on the day the exposure draft of the proposed determination is published. (3C) A determination made under this section does not come into effect unless the determination is approved by resolution of each House of the Parliament within 15 sitting days of that House beginning on the first sitting day after a copy of the determination is laid before that House.

(3D) If either House of the Parliament does not pass a resolution approving the determination within the period referred to in subsection (3C) the determination is repealed on the day after the end of that period. (2) Schedule 1, page 26 (after line 26), after item 68, insert: 68A Before subsection 33(2F) Insert: (2ED) Before making a determination under subsection (2E), the Minister must: (a) publish an exposure draft of the proposed determination; and (b) invite members of the public to give comments on the proposed determination within a specified period (the consultation period); and (c) take reasonable steps during the consultation period to consult the following persons and bodies on the proposed determination: (i) people with disability; (ii) organisations representing the disability community and disability sector; (iii) organisations representing the disability support provider sector; (iv) any other persons the Minister considers appropriate; and (d) publish: (i) a statement summarising the comments received during the consultation period and the Minister's response to those comments; and (ii) a disability impact statement setting out the expected effect of the proposed determination on participants and prospective participants.

(2EE) For the purposes of paragraph (2ED)(b), the consultation period must not be less than 28 days beginning on the day the exposure draft of the proposed determination is published. (2EF) A determination made under subsection (2E) does not come into effect unless the determination is approved by resolution of each House of the Parliament within 15 sitting days of that House beginning on the first sitting day after a copy of the determination is laid before that House.

(2EG) If either House of the Parliament does not pass a resolution approving the determination within the period referred to in subsection (2EF) the determination is repealed on the day after the end of that period. (3) Schedule 3, page 101 (after line 6), after Part 2, insert: Part 2A — Significant NDIS rules National Disability Insurance Scheme Act 2013 13A After section 209D Insert: 209E Additional requirements for certain National Disability Insurance Scheme rules Rules to which this section applies (1) This section applies to National Disability Insurance Scheme rules made for the purposes of any of the following provisions: (a) subsection 9B(2); (b) subsection 25A(4); (c) section 25B.

Consultation requirements (2) Before making rules to which this section applies, the Minister must: (a) publish an exposure draft of the proposed rules; and (b) invite members of the public to give comments on the proposed rules within a specified period (the consultation period); and (c) take reasonable steps during the consultation period to consult the following persons and bodies on the proposed rules: (i) people with disability; (ii) organisations representing the disability community and disability sector; (iii) organisations representing the disability support provider sector; (iv) any other persons the Minister considers appropriate; and (d) publish: (i) a statement summarising the comments received during the consultation period and the Minister's response to those comments; and (ii) a disability impact statement setting out the expected effect of the proposed rules on participants and prospective participants.

(3) For the purposes of paragraph (2)(b), the consultation period must not be less than 28 days beginning on the day the exposure draft of the proposed rules is published. Parliamentary approval (4) Rules to which this section applies do not come into effect unless the rules are approved by resolution of each House of the Parliament within 15 sitting days of that House beginning on the first sitting day after a copy of the rules was laid before that House.

(5) If either House of the Parliament does not pass a resolution approving the rules within the period referred to in subsection (4) the rules are repealed on the day after the end of that period. _____ SHEET 3846 (1) Schedule 3, page 87 (before line 4), before item 1, insert: 1A Section 9 Insert: Pricing Authority means the Independent Health and Aged Care Pricing Authority.

(2) Schedule 3, item 3, page 88 (after line 11), after subsection 34B(2), insert: (2A) Before making a determination under subsection (2) in relation to old framework plans generally, or a class of old framework plans, the Minister must seek the Pricing Authority's advice, in writing, on what an appropriate indexation factor, or appropriate method for working out an indexation factor, for the funding component amount for a specified group of NDIS supports, would be.

(2B) The Minister must not make a determination under subsection (2) without the Pricing Authority's written agreement to the determination. (2C) In seeking the Pricing Authority's agreement, the Minister must give the Pricing Authority: (a) a copy of the proposed determination; and (b) any material that is relevant to the determination. (2D) In deciding whether to agree to the determination, the Pricing Authority may seek assistance, input or information from such persons as the Authority determines.

(2E) The Minister must: (a) cause a copy of any advice given to the Minister under subsection (2A) in relation to the determination to be published on the Agency's website; and (b) do so as soon as practicable after making the determination. (3) Schedule 3, item 4, page 89 (after line 9), after subsection 45C(1), insert: (1A) Before making a determination under subsection (1), the Minister must seek the Pricing Authority's advice, in writing, on what an appropriate maximum amount, or an appropriate method for determining the maximum amount, for the acquisition or provision of an NDIS support or class of NDIS supports, would be.

(1B) The Minister must not make a determination under subsection (1) without the Pricing Authority's written agreement to the determination. (1C) In seeking the Pricing Authority's agreement, the Minister must give the Pricing Authority: (a) a copy of the proposed determination; and (b) a copy of any relevant advice provided by the Agency under subsection (14); and (c) a copy of any instrument or other writing applied, adopted or incorporated by the determination as mentioned in subsection (11); and (d) any other material that is relevant to the determination.

(1D) In deciding whether to agree to the determination, the Pricing Authority may seek assistance, input or information from such persons as the Authority determines. (1E) The Minister must: (a) cause a copy of any advice given to the Minister under subsection (1A) in relation to the determination to be published on the Agency's website; and (b) do so as soon as practicable after making the determination. _____ SHEET 3850 (1) Schedule 1, item 73, page 29 (line 1) to page 30 (line 5), omit subsections 34(1G) to (1K). _____ SHEET 3852 (1) Schedule 1, item 34, page 14 (lines 17 to 24), omit subsection 34A(5).

(2) Schedule 1, page 25 (after line 26), after item 66, insert: 66A Section 32D (at the end of the heading) Add "etc.". 66B After subsection 32D(3) Insert: Plan must not deal with co-payments (3A) A participant's plan must not specify that the participant is to contribute an amount (that is not an NDIS amount) of money in respect of an NDIS support under the participant's plan. 66C Section 33 (at the end of the heading) Add "etc.". 66D After subsection 33(3) Insert: Plan must not deal with co-payments (3A) A participant's plan must not specify that the participant is to contribute an amount (that is not an NDIS amount) of money in respect of an NDIS support under the participant's plan. _____ SHEET 3853 (1) Clause 2, page 2 (after table item 10), insert: 10A.

Schedule 4A The day after this Act receives the Royal Assent. (2) Page 108 (after line 5), after Schedule 4, insert: Schedule 4A — Whistleblower protections National Disability Insurance Scheme Act 2013 1 Section 9 Insert: legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory. 2 After subsection 73ZA(2) Insert: Disclosures to legal practitioners (2A) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Division.

Disclosures to medical practitioners or psychologists (2B) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made to a medical practitioner or psychologist for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling). Disclosures to employee organisations (2C) The disclosure of the information by the discloser qualifies for protection under this Division if: (a) the disclosure is made to an officer or employee of an employee organisation for the purpose of obtaining advice or assistance in relation to the operation of this Division; and (b) the discloser is a member of the employee organisation; and (c) the extent of the information disclosed is no more than is reasonably necessary to obtain the advice or assistance.

Disclosures to independent advocates (2D) The disclosure of the information by the discloser qualifies for protection under this Division if: (a) the discloser is a person with disability who is or was receiving a support or service from the NDIS provider; and (b) the disclosure is made to an independent advocate of the discloser for the purpose of obtaining advice or assistance in relation to the operation of this Division. 3 Subsection 73ZA(3) Repeal the subsection, substitute: Definitions (3) In this section: employee organisation has the same meaning as in the Fair Work Act 2009. medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. officer has the same meaning as in the Corporations Act 2001. psychologist means a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists. 4 Paragraph 73ZB(1)(a) Omit "civil or criminal liability", substitute "civil, criminal or administrative liability (including disciplinary action)". 5 Paragraph 73ZB(1)(a) After "for making the disclosure", insert "or for doing anything reasonably necessary for the purpose of making the disclosure". 6 Paragraph 73ZB(1)(b) After "the disclosure", insert "or anything done by the person that was reasonably necessary for the purpose of making the disclosure". 7 At the end of subsection 73ZB(1) Add: ; and (c) the information disclosed is not admissible in evidence against the person in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information. 8 Subsection 73ZB(1)(note) Omit "This subsection does not provide that the person is not subject to any civil or criminal liability", substitute "Except as provided for by paragraph (c), this subsection does not prevent the person being subject to any civil, criminal or administrative liability". 9 Paragraph 73ZB(2)(a) After "the disclosure", insert "or anything done by the person that was reasonably necessary for the purpose of making the disclosure". 10 Paragraph 73ZB(2)(b) After "the disclosure", insert ", or anything done by the person that was reasonably necessary for the purpose of making the disclosure,". 11 Subsection 73ZB(3) After "the disclosure" (wherever occurring), insert "or the thing done". _____ SHEET 3922 (1) Schedule 1, item 73, page 30 (after line 5), after subsection 34(1K), insert: (1L) For the purposes of paragraph (1)(e) so far as it applies in relation to a participant who is over the age of 18, the CEO must take into account the presumption that parents are not responsible for providing substantial care and support for their children who are over the age of 18. _____ SHEET 3930 (1) Clause 2, page 2 (before table item 11), insert: 10B.

Schedule 4B The day after this Act receives the Royal Assent. (2) Page 109 (before line 1), before Schedule 5, insert: Schedule 4B — Other whistleblower protections National Disability Insurance Scheme Act 2013 1 Section 9 Insert: journalist means a person who is working in a professional capacity as a journalist for any of the following: (a) a newspaper or magazine; (b) a radio or television broadcasting service; (c) an electronic service (including a service provided through the internet) that: (i) is operated on a commercial basis, or operated by a body that provides a national broadcasting service (within the meaning of the Broadcasting Services Act 1992); and (ii) is similar to a newspaper, magazine or radio or television broadcast. 2 Before subsection 73ZA(3) Insert: External disclosures (2E) The disclosure (the external disclosure) of the information by the discloser qualifies for protection under this Division if: (a) the discloser previously made a disclosure (the previous disclosure) of that information; and (b) the previous disclosure qualifies for protection under this Division under subsection (2) of this section; and (c) at least 90 days have passed since the previous disclosure was made; and (d) the discloser does not have reasonable grounds to believe that action is being, or has been, taken to address the matters to which the previous disclosure related; and (e) after the end of the period referred to in paragraph (c) but before making the external disclosure, the discloser gave the entity to which the previous disclosure was made a written notification that: (i) includes sufficient information to identify the previous disclosure; and (ii) states that the discloser intends to make the external disclosure; and (f) the external disclosure is made to: (i) a member of the Parliament of the Commonwealth, the Parliament of a State or the legislature of a Territory; or (ii) a journalist; and (g) the extent of the information disclosed in the external disclosure is no more than is reasonably necessary to inform the recipient referred to in paragraph (f) of the matters to which the previous disclosure related. 3 After section 73ZBA Insert: 73ZBB Whistleblower policies (1) An NDIS provider must: (a) have a policy that sets out the matters mentioned in subsection (2); and (b) make that policy available to the persons mentioned in subsection (3).

Note: A policy that complies with this subsection may also be a policy that complies with requirements under another law. (2) The matters are: (a) information about the protections available under this Division; and (b) information about to whom disclosures that qualify for protection under this Division may be made, and how they may be made; and (c) information about how the NDIS provider will support disclosers and protect them from detriment; and (d) information about how the NDIS provider will investigate disclosures that qualify for protection under this Division; and (e) information about how the NDIS provider will ensure fair treatment of persons mentioned in disclosures that qualify for protection under this Division, or to whom such disclosures relate; and (f) any other matters prescribed by the regulations for the purposes of this paragraph.

(3) The persons are: (a) if the NDIS provider is a body corporate—the following: (i) a person who is an officer or employee of the body corporate; (ii) a person who has a contract for the supply of goods or services to, or on behalf of, the body corporate; and (b) if the NDIS provider is an unincorporated association—the following: (i) a person who is a member of the committee of management or an employee of the association; (ii) a person who has a contract for the supply of goods or services to, or on behalf of, the association; and (c) if the NDIS provider is a partnership—the following: (i) a person who is a partner in or an employee of the partnership; (ii) a person who has a contract for the supply of goods or services to, or on behalf of, the partnership; and (d) in any case—the following: (i) a person with disability who is receiving a support or service from the NDIS provider; (ii) a person who has requested a copy of the policy and who is a nominee, family member, carer, independent advocate or significant other of the person mentioned in subparagraph (d)(i).

(4) Subsection (1) applies after the 6-month period beginning on the commencement of this section. (5) An NDIS provider contravenes this subsection if the provider fails to comply with subsection (1). Civil penalty: 60 penalty units. 4 At the end of section 73ZC Add: Meaning of detriment (5) In this section, detriment includes (without limitation) any of the following: (a) dismissal of an employee; (b) injury of an employee in the employee's employment; (c) alteration of an employee's position or duties to the employee's disadvantage; (d) discrimination between an employee and other employees of the same employer; (e) harassment or intimidation of a person; (f) harm or injury to a person, including psychological harm; (g) damage to a person's property; (h) damage to a person's reputation; (i) damage to a person's business or financial position; (j) any other damage to a person. 5 Section 73ZD Repeal the section, substitute: 73ZD Compensation and other remedies — orders that may be made (1) A court may make an order under subsection (2) in relation to a person (the first person) if: (a) the first person contravenes subsection 73ZC(1) or (2); and (b) another person (the second person) suffers loss, damage or injury because of the contravention.

(2) For the purposes of subsection (1), a Court may make any of the following orders: (a) an order requiring the first person to compensate the second person for the loss, damage or injury; (b) if the court is satisfied that the first person engaged in the conduct mentioned in paragraph 73ZC(1)(a) or (2)(a) (the detrimental conduct) in connection with the first person's position as an employee: (i) an order requiring the first person to compensate the second person for a part of the loss, damage or injury as a result of the detrimental conduct, and an order requiring the first person's employer to compensate the second person for a part of the loss, damage or injury as a result of the detrimental conduct; or (ii) an order requiring the first person and the first person's employer jointly to compensate the second person for the loss, damage or injury suffered as a result of the detrimental conduct; or (iii) an order requiring the first person's employer to compensate the second person for the loss, damage or injury as a result of the detrimental conduct; (c) an order granting an injunction, on such terms as the court thinks appropriate, to prevent, stop or remedy the effects of the detrimental conduct; (d) an order requiring the first person to apologise to the second person for engaging in the detrimental conduct; (e) if the second person is or was employed in a particular position and the detrimental conduct wholly or partly consists, or consisted, of the termination, or purported termination, of the second person's employment—an order that the second person be reinstated in that position or a position at a comparable level; (f) if the court thinks it is appropriate—an order requiring the first person to pay exemplary damages to the second person; (g) any other order the court thinks appropriate.

Burden of proof (3) In proceedings where a person seeks an order under this section in relation to another person: (a) the person seeking the order bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters mentioned in paragraphs (1)(a) and (b); and (b) if that onus is discharged, the other person bears the onus of proving that the claim is not made out. 6 At the end of Division 7 of Part 3A Add: 73ZDAA Costs only if proceedings instituted vexatiously etc.

(1) This section applies to a proceeding (including an appeal) in a court in relation to a matter arising under section 73ZD in which a person (the claimant) is seeking an order under subsection 73ZD(2). (2) The claimant must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (3) of this section.

(3) The claimant may be ordered to pay the costs only if: (a) the court is satisfied that the claimant instituted the proceedings vexatiously or without reasonable cause; or (b) the court is satisfied that an unreasonable act or omission of the claimant caused the other party to incur the costs. _____ SHEET 3931 (1) Schedule 3, item 11, page 97 (line 8), omit "section 33", substitute "subsection 33(2E)". _____ SHEET 3932 _____ SHEET 3932 (1) Schedule 1, page 12 (before line 3), before item 34, insert: 33A Section 9 Insert: high risk participant has the meaning prescribed by the National Disability Insurance Scheme rules.

(2) Schedule 1, item 34, page 14 (after line 24), at the end of section 34A, add: Exemptions for high risk participants (6) If a determination under subsection (1) applies in relation to a high risk participant's plan, the participant may apply to the CEO for an exemption from the determination or part of the determination. (7) The application must: (a) be in the form (if any) approved by the CEO; and (b) include any information, and be accompanied by any documents, required by the CEO.

(8) Within 21 days of receiving the application, the CEO must: (a) if, having regard to the impact that the determination would have on the safety of the participant, the CEO is satisfied that it is not appropriate for the determination or part of the determination (as the case may be) to apply to the participant's plan—grant the exemption; or (b) otherwise—refuse the exemption.

(9) If the CEO grants the exemption under paragraph (8)(a): (a) the CEO must notify the participant of the grant of the exemption; and (b) the determination or part of the determination (as the case may be) is taken to have no effect, and to never have had effect, in relation to the participant's plan. Note: For notification of a decision to refuse the exemption under paragraph (8)(b), see subsection 100(1).

(10) The CEO is taken to have granted the exemption under paragraph (8)(a) if the CEO does not give notice of the CEO's decision on the application within the period specified in subsection (8). (3) Schedule 1, page 14 (after line 24), after item 34, insert: 34A Subsection 99(1) (after table item 4) Insert: 4AA a decision to refuse an exemption paragraph 34A(8)(b) CEO _____ SHEET 3934 (1) Schedule 1, item 21, page 9 (lines 5 to 23), omit subsection 48A(1), substitute: (1A) For the purposes of paragraph 48(2)(b), the conditions are that: (a) the conditions in subsection (1) are met; or (b) a determination under subsection 34A(1) applies in relation to the participant's plan.

(1) The conditions in this subsection are met if: (a) there has been a significant change to those ongoing support needs of the participant that arise from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements; and (b) the significant change to those needs results from either or both of the following: (i) an alteration in the participant's functional capacity in relation to an activity covered by paragraph 24(1)(c) or subparagraph 25(1)(c)(i); (ii) an alteration in the participant's personal or environmental circumstances; and (c) to the extent that the alteration is as mentioned in subparagraph (b)(i)—the condition in subsection (2) is met in relation to the alteration; and (d) to the extent that the alteration is as mentioned in subparagraph (b)(ii)—the condition in subsection (3) is met in relation to the alteration.

Note: For functional capacity, in relation to an activity, see section 9B. _____ SHEET 3829 (1)—Clause 2, page 2 (table item 6), omit "Parts 8 and 9", substitute "Part 9". _____ SHEET 3830 (1)—Schedule 1, page 24 (after line 10), after item 61, insert: 61A Section 9 (definition of NDIS support ) Repeal the definition, substitute: NDIS support, for a participant or prospective participant, means a support that is reasonable and necessary for the participant or prospective participant. 61B Section 10 Repeal the section.

(3)—Schedule 1, item 69, page 26 (lines 27 and 28), omit the item, substitute: 69 Paragraph 34(1)(f) Repeal the paragraph. (5)—Schedule 1, item 73, page 28 (lines 6 to 35), omit subsections 34(1E) and (1F). _____ SHEET 3851 (1)—Schedule 3, item 10, page 94 (lines 11 and 12), omit the definition of standard operating procedure instrument in section 9. (2)—Schedule 3, item 11, page 94 (line 18), after "administrative action", insert "(other than evaluative administrative action)".

(3)—Schedule 3, item 11, page 95 (lines 31 to 38), omit subsection 59B(4), substitute: Meaning of evaluative administrative action (4) In subsection (1), evaluative administrative actionmeans an administrative action that involves one or more evaluative determinations. (4)—Schedule 3, item 11, page 97 (lines 20 to 23), omit subsection 59C(3). _____ SHEET 3933 (2)—Schedule 1, item 31, page 11 (lines 10 to 12), omit the item, substitute: 31 Paragraph 34(1)(aa) After "arising", insert "substantially".

(4)—Schedule 4, item 10, page 106 (lines 13 and 14), omit the item, substitute: 10 Paragraph 32L(6)(a) After "arising", insert "substantially".