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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Concluded matters [2019] AUSStaCSDLM 137 (16 October 2019)


Appendix B

Concluded matters

3.1 This appendix records the instruments in relation to which the committee has concluded its inquiries, following correspondence with the relevant minister or agency. Copies of the relevant ministerial correspondence are available on the committee's website.[1]

Ministerial engagement

3.2 The committee has concluded its examination of the instruments listed below following correspondence with the relevant minister.

Instrument
Issue
Status
Agriculture and Veterinary Chemicals Legislation Amendment (Timeshift Applications and Other Measures) Regulations 2019 [F2019L00357]
Principle (a) unclear basis for determining fees
Principle (a) incorporation
Principle (d) significant matters in delegated legislation
Concluded following response from the minister on 09/10/2019.
The minister undertook to amend the explanatory statement to the instrument. The undertaking was implemented on 15/10/2019.
Customs (Prohibited Imports) Amendment (Collecting Tobacco Duties) Regulations 2019 [F2019L00352]
Principle (a) broad delegation of power
Principle (c) merits review
Concluded following response from the assistant minister on 18/09/2019.
Health Insurance (Diagnostic Imaging Services Table) Regulations 2019 [F2019L00563]
Principle (c) merits review
Concluded following the implementation of the minister's undertaking to amend the instrument. The amending instrument was registered on 24/09/2019.
Migration Amendment (New Skilled Regional Visas) Regulations 2019 [F2019L00578]
Principle (a) imposition of fees (taxation)
Principle (c) merits review
Principle (d) significant matters in delegated legislation
Concluded following response from the minister on 30/09/2019.

Agency engagement

3.3 The committee has concluded its examination of the instruments listed below following informal correspondence with the relevant agencies via its secretariat.

Instrument
Issue
Status
Aboriginal and Torres Strait Islander Heritage Protection Amendment (Bellwood Sacred Site) Declaration 2019 [F2019L01139]
Principle (a) effect of drafting error
Concluded following response from the agency on 04/10/2019.
Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 [F2019L01105]
Principle (a) incorporation
Concluded following response from the agency on 19/09/2019.
The agency undertook to amend the explanatory statement to the instrument.
Amendment of List of Exempt Native Specimens – Commonwealth Eastern Tuna and Billfish Fishery and Commission for the Conservation of Antarctic Marine Living Resources Ross Sea Exploratory Toothfish Fishery, August 2019 [F2019L01078]
Principle (a) in accordance with statute
Concluded following response from the agency on 19/09/2019.
The agency undertook to amend the explanatory statement to the instrument.
ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 [F2019L01114]
Principle (d) significant matters in delegated legislation
Concluded following response from the agency on 19/09/2019.
The agency undertook to amend the explanatory statement to the instrument. The undertaking was implemented on 26/09/2019.
CASA EX86/19 – Flight of Certain Ultralight Aeroplanes in Class D Airspace (Approved Flight Training Schools) Instrument 2019 [F2019L01138]
Principle (c) merits review
Concluded following response from the agency on 02/10/2019.
Financial Framework (Supplementary Powers) Amendment (Education Measures No. 2) Regulations 2019 [F2019L01156]
Principle (c) merits review
Concluded following response from the agency on 02/10/2019.
The agency undertook to amend the explanatory statement to the instrument.
Financial Transaction Reports Regulations 2019 [F2019L01173]
Principle (b) retrospective effect
Concluded following response from the agency on 08/10/2019.
Greenhouse and Energy Minimum Standards (Household Refrigerating Appliances) Determination 2019 [F2019L01066]
Principle (a) incorporation
Concluded following response from the agency on 19/09/2019.
The agency undertook to amend the explanatory statement to the instrument.
Greenhouse and Energy Minimum Standards (Refrigerated Cabinets) Determination 2019 [F2019L01067]
Principle (a) incorporation
Concluded following response from the agency on 19/09/2019.
The agency undertook to amend the explanatory statement to the instrument.
National Health (Pharmaceutical Benefits) Amendment (Electronic Prescriptions) Regulations 2019 [F2019L01072]
Principle (b) privacy
Concluded following response from the agency on 02/10/2019.
The agency undertook to amend the explanatory statement to the instrument.
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2019 (No. 8) (PB 66 of 2019) [F2019L01129]
Principle (a) incorporation
Concluded following response from the agency on 02/10/2019.
Private Health Insurance (Prostheses) Amendment Rules (No. 6) 2019 [F2019L01117]
Principle (a) effect of drafting error
Concluded following response from the agency on 11/10/2019.
Space (Launches and Returns) (General) Rules 2019 [F2019L01118]
Principle (d) significant matters in delegated legislation
Concluded following response from the agency on 04/10/2019.

[1] See www.aph.gov.au/regords_monitor.


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