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

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Outstanding undertakings [2019] AUSStaCSDLM 168 (27 November 2019)


Appendix C

Undertakings

4.1 From time to time, a minister or agency may make an undertaking to address the committee's concerns. These may include, for example, an undertaking to amend a legislative instrument or an explanatory statement, or to review an Act or a departmental practice. The committee expects that, when a minister or agency has made an undertaking, it will be implemented in a timely manner. Accordingly, this appendix records outstanding ministerial and agency undertakings, and the undertakings implemented since the committee's last meeting.

Outstanding undertakings

4.2 The following table records undertakings that remain outstanding, from oldest to newest. The committee draws these undertakings to the attention of the Senate.

Instrument
Undertaking
Date of Undertaking
Hearing Services Program (Voucher) Instrument 2019 [F2019L00969]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
23/08/2019
Crimes Legislation Amendment (2019 Measures No. 1) Regulations 2019 [F2019L01004]
The Attorney-General's Department undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
03/09/2019
Telecommunications (Carrier Licence Exemption - Trial Network Units) Determination 2019 [F2019L00317]
Telecommunications (Carrier Licence Exemption – Supply of Carriage Services to Visitors) Determination 2019 [F2019L00318]
The Department of Communications and the Arts undertook to amend the explanatory statements to the instruments in response to the committee's concerns.
03/09/2019
Water Amendment (Murray Darling Basin Agreement—Basin Salinity Management) Regulations 2018 [F2018L01674]
The Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management undertook to progress amendments to the Water Act 2007 in response to the committee's concerns.
11/09/2019
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]
The Department of the Environment and Energy undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
19/09/2019
Financial Framework (Supplementary Powers) Amendment (Education Measures No. 2) Regulations 2019 [F2019L01156]
The Department of Finance undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
02/10/2019
ASIC Corporations (Amendment) Instrument 2019/784 [F2019L01206]
The Australian Securities and Investment Corporation undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
16/10/2019
The Department of Communications and the Arts undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
01/11/2019
Other Grants Guidelines (Education) Amendment (No.1) 2019 [F2019L01333]
The Department of Education undertook to amend the instrument and the explanatory statement to the amending instrument in response to the committee's concerns.
06/11/2019
CASA EX101/19 — Helicopter Aerial Application Endorsements Exemption 2019 [F2019L01132]
The Minister for Infrastructure, Transport and Regional Development undertook to amend the Civil Aviation Safety Regulations 1998 in 2020 in response to the committee's concerns.
07/11/2019
Quality of Care Amendment (Minimising Use of Restraints) Principles 2019 [F2019L00511]
The Minister for Aged Care and Senior Australians undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
23/08/2019

The Minister for Aged Care and Senior Australians undertook to conduct a review of the operation of the provisions inserted into the Quality of Care Principles 2014 by the instrument after they have been in force for 12 months.
20/11/2019
CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019 [F2019L01414]
The Civil Aviation Safety Authority undertook to amend the instrument in response to the committee's concerns.
27/11/2019
National Health (Claims and under co-payment data) Amendment (Electronic Prescriptions) Rules 2019 [F2019L01383]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
28/11/2019

Implemented undertakings

4.3 The following table records undertakings that have been implemented since the committee's last Delegated Legislation Monitor.

Instrument
Undertaking
Date implemented
Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 [F2019L00490]
The Department of the Environment and Energy undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
22/11/2019
Greenhouse and Energy Minimum Standards (Household Refrigerating Appliances) Determination 2019 [F2019L01066]
The Department of the Environment and Energy undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
22/11/2019
Greenhouse and Energy Minimum Standards (Refrigerated Cabinets) Determination 2019 [F2019L01067]
The Department of the Environment and Energy undertook to amend the explanatory statement to the instrument in response to the committee's concerns.
22/11/2019
National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2018 (No. 10) [F2018L01646]
The Minister for Health undertook to amend the explanatory statement to the instrument in response to the committee's concerns. The committee was notified of the minister's implemented undertaking on 03/12/2019.
03/12/2019
National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2019 (No. 1)
(PB 3 of 2019) [F2019L00081]
The Minister for Health undertook to amend the explanatory statement to the instrument in response to the committee's concerns. The committee was notified of the minister's implemented undertaking on 03/12/2019.
03/12/2019


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