Ongoing matters [2020] AUSStaCSDLM 109 (2 September 2020)

• Agency engagement

Appendix A

Ongoing matters

The committee engages with relevant ministers and agencies to attempt to resolve its concerns about scrutiny issues raised by disallowable legislative instruments. This appendix documents the committee's ongoing scrutiny concerns.

Ministerial engagement

4.1 The committee is engaging with the relevant minister about the scrutiny issues raised by the instruments listed below. The list below also includes instruments on which a current notice of motion to disallow is in place following engagement with the relevant minister. Copies of the ministerial correspondence are available on the committee's website.^[1]

Instrument	Issue	Status
ASIC Corporations (Foreign Financial Services Providers—Foreign AFS Licensees) Instrument 2020/198 [F2020L00237] ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199 [F2020L00238]	Principle (j) exemptions to primary legislation Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking further advice from the assistant minister. 'Protective' notice of motion to disallow placed on 27/08/2020.
Australian Postal Corporation (Performance Standards) Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00579]	Principle (d) consultation with persons affected	Seeking further advice from the minister. Notice of motion to disallow to be placed on 06/10/2020.
Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572]	Principle (j) modification of primary legislation Principle (k) parliamentary oversight – deferral of sunsetting	Seeking further advice from the minister. Notice of motion to disallow placed on 31/08/2020.
Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 [F2020L00702]	Principle (a) compliance with Legislation Act 2003 – consultation	Seeking advice from the minister.
Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations 2020 [F2020L00435]	Principle (k) parliamentary oversight	Notice of motion to disallow placed on 01/09/2020.
Norfolk Island Continued Laws Amendment (Employment) Ordinance 2020 [F2020L00870]	Principle (c) delegation of administrative powers and functions Principle (h) evidentiary certificates Principle (h) immunity from liability Principle (i) availability of independent merits review Principle (j) significant penalties in delegated legislation Principle (j) significant matters in delegated legislation Principle (k) availability of accountability safeguards	Seeking advice from the assistant minister.
Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 [F2020L00782]	Principle (j) significant matters in delegated legislation	Seeking advice from the minister.
Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020 [F2020L00907]	Principle (j) modification of primary legislation	Seeking advice from the Assistant Treasurer.

Agency engagement

4.2 The committee is engaging with the relevant agencies via its secretariat to seek further information about potential scrutiny concerns raised by the instruments listed below.

Instrument	Issue	Status
Amendment to the list of threatened ecological communities under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 (EC145) [F2020L00889]	Principle (a) compliance with Legislation Act 2003 – incorporation Principle (f) incorporated materials freely accessible	Seeking advice from the agency.
ASIC Corporations (Approval of Variation of March 2020 Banking Code of Practice) Instrument 2020/602 [F2020L00854]	Principle (a) compliance with Legislation Act 2003 – incorporation Principle (f) incorporated materials freely accessible	Seeking advice from the agency.
Australian Defence Force Superannuation Amendment (Trust Deed—Contributions) Instrument 2020 [F2020L00878]	Principle (a) compliance with Legislation Act 2003 – consultation Principle (d) consultation with persons affected	Seeking advice from the agency.
CASA EX92/20 — Materials Flammability Airworthiness Standards (Medical Isolation Transportation Devices) Instrument 2020 [F2020L00796]	Principle (a) compliance with Legislation Act 2003 – incorporation	Seeking advice from the agency.
CASA EX98/20 — Design of Temporary Modifications or Repairs (Special Flight Permit) Instrument 2020 [F2020L00766]	Principle (i) availability of independent merits review	Seeking advice from the agency.
Child Care Subsidy Amendment (Coronavirus Response Measures No. 5) Minister’s Rules 2020 [F2020L00930]	Principle (f) incorporated materials freely accessible Principle (h) retrospective commencement	Seeking advice from the agency.
Commonwealth Scholarships Guidelines (Research) Amendment (No. 1) 2020 [F2020L00934]	Principle (i) availability of independent merits review	Seeking advice from the agency.
Continence Aids Payment Scheme 2020 [F2020L00758]	Principle (i) availability of independent merits review	Committee considering response from the agency.
Coronavirus Economic Response Package (Deferral of Sunsetting—Treasury Portfolio Instruments) Determination 2020 [F2020L00895]	Principle (a) compliance with Legislation Act 2003 – consultation	Seeking advice from the agency.
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 6) 2020 [F2020L00921]	Principle (d) consultation with persons affected	Seeking advice from the agency.
Customs (Prohibited Imports) Amendment (Vaporiser Nicotine) Repeal Regulations 2020 [F2020L00860]	Principle (d) consultation with persons affected	Seeking advice from the agency.
Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 5) Regulations 2020 [F2020L00818]	Principle (d) consultation with persons affected	Seeking advice from the agency.
Higher Education (Designated Courses of Study) Specification 2020 [F2020L00924]	Principle (d) consultation with persons affected	Seeking advice from the agency.
Industrial Chemicals Charges (Customs) Regulations 2020 [F2020L00795] Industrial Chemicals Charges (General) Regulations 2020 [F2020L00797] Industrial Chemicals Charges (Excise) Regulations 2020 [F2020L00799]	Principle (j) unclear basis for determining fees	Seeking advice from the agency.
National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 [F2020L00769]	Principle (i) availability of independent merits review	Seeking advice from the agency.
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2020 (No. 6) (PB 55 of 2020) [F2020L00841] National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2020 (No. 6) (PB 60 of 2020) [F2020L00852]	Principle (a) compliance with Legislation Act 2003 – incorporation Principle (f) incorporated materials freely accessible	Seeking advice from the agency.
Norfolk Island Continued Laws Amendment (Coronavirus Economic Response Measures) Rules 2020 [F2020L00926]	Principle (h) reverse evidential burden of proof	Seeking advice from the agency.
Social Security (Coronavirus Economic Response—2020 Measures No. 11) Determination 2020 [F2020L00765]	Principle (i) availability of independent merits review	Seeking advice from the agency.
Superannuation Guarantee (Administration) Amendment (Aged Care Retention Bonus) Regulations 2020 [F2020L00859]	Principle (d) consultation with persons affected	Seeking advice from the agency.

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