Ongoing matters [2020] AUSStaCSDLM 155 (9 December 2020)

• Agency engagement

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Appendix A

Ongoing matters

4.1 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

4.2 The committee is engaging with the relevant minister about the scrutiny issues raised by the instruments listed below. Copies of the ministerial correspondence are available on the committee's website.^[1]

Instrument	Issue	Status
ASIC Corporations (Amendment) Instrument 2020/721 [F2020L01064] ASIC Corporations (IPO Communications) Instrument 2020/722 [F2020L01066]	Principle (j) exemptions from primary legislation Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking further advice from the Treasurer. Notice of motion to disallow placed on 07/12/2020.
ASIC Corporations (Hardship Withdrawals Relief) Instrument 2020/778 [F2020L01069]	Principle (j) exemptions from primary legislation Principe (k) parliamentary oversight	Seeking further advice from the Treasurer. Notice of motion to disallow placed on 07/12/2020.
ASIC Corporations (Litigation Funding Schemes) Instrument 2020/787 [F2020L01045]	Principle (j) exemptions from primary legislation Principle (k) parliamentary oversight	Seeking further advice from the Treasurer. Notice of motion to disallow placed on 01/12/2020.
ASIC Corporations (Stub Equity in Control Transactions) Instrument 2020/734 [F2020L01199]	Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking advice from the Treasurer.
ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98 [F2020L00962]	Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking further advice from the Treasurer. Notice of motion to disallow placed on 30/11/2020.
Australian Prudential Regulation Authority (confidentiality) determination No.1 of 2020 [F2020L00945]	Principle (a) compliance with authorising legislation—compliance with legislative preconditions	Committee considering response. Notice of motion to disallow placed on 30/11/2020.
Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2020 [F2020L00994]	Principle (i) availability of independent merits review Principle (j) significant matters in delegated legislation Principle (k) parliamentary oversight Principle (d) consultation with persons affected	Committee considering response. Notice of motion to disallow placed on 30/11/2020.
Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers) (Mortgage Brokers) Regulations 2020 [F2020L01189]	Principle (j) significant matters in delegated legislation	Seeking advice from the Treasurer.
Social Security (Administration) – various instruments [F2020L01221] [F2020L01223] [F2020L01224] [F2020L01225] [F2020L01226]	Principle (a) compliance with Legislation Act 2003 – consultation Principle (c) broad discretionary power Principle (j) matters more appropriate for parliamentary enactment	Seeking advice from the minister.
Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 [F2020L01141]	Principle (a) compliance with Legislation Act 2003 – registration of instrument Principle (c) scope of administrative powers	Committee considering response.
Telecommunications (Superfast Broadband Network Class Exemption) Determination 2020 [F2020L01061]	Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking further advice from the minister. Notice of motion to disallow placed on 07/12/2020.
Veterans' Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Determination 2020 [F2020L01028]	Principle (i) availability of independent merits review	Seeking further advice from the minister Notice of motion to disallow placed on 30/11/2020.

Agency engagement

4.3 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
Age Discrimination Regulations 2020 [F2020L01138]	Principle (g) adequacy of explanatory materials Principle (j) exemptions from primary legislation	Seeking further advice from the agency.
CASA EX132/20 — Licensing, and Operator Training and Checking (Extensions of Time Due to COVID-19) Exemptions Amendment Instrument 2020 (No. 3) [F2020L01202]	Principle (a) compliance with authorising legislation – compliance with legislative preconditions Principle (d) consultation with persons affected	Seeking advice from the agency.
Civil Aviation Order 95.10 (Exemption from provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 — microlight aeroplanes) Instrument 2020 [F2020L01242]	Principle (f) incorporation – access and use	Seeking advice from the agency.
Coronavirus Economic Response Package (Payments and Benefits) Higher Rate Determination 2020 [F2020L01172]	Principle (i) availability of independent merits review	Seeking further advice from the agency.
Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 [F2020L01194]	Principle (a) compliance with Legislation Act 2003 – consultation Principle (g) adequacy of explanatory materials	Seeking advice from the agency.
Disability (Access to Premises – Buildings) Amendment Standards 2020 [F2020L01245]	Principle (a) compliance with Legislation Act 2003 – incorporation Principle (f) access and use	Seeking advice from the agency.
Health Insurance (Approvals for Eligible Collection Centres) Principles 2020 [F2020L01179]	Principle (d) consultation with persons affected Principle (i) availability of independent merits review	Seeking advice from the agency.
National Health (Commonwealth Price - Pharmaceutical benefits supplied by private hospitals) Determination 2020 (PB 99 of 2020) [F2020L01208]	Principle (d) consultation with persons affected	Seeking advice from the agency.
Private Health Insurance (Complaints Levy) Rules 2020 [F2020L01195]	Principle (a) compliance with Legislation Act 2003 – consultation	Seeking advice from the agency.
Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020 [F2020L01234]	Principle (d) consultation	Seeking advice from the agency.

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