Ongoing matters [2020] AUSStaCSDLM 27 (26 February 2020)

• Agency engagement

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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. Copies of the ministerial correspondence are available on the committee's website.^[1]

Instrument	Issue	Status
Aged Care Quality and Safety Commission Amendment (Integration of Functions) Rules 2019 [F2019L01684]	Principle (c) scope of administrative powers	Seeking advice from the minister.
ASIC Corporations (Conditional Costs Schemes) Instrument 2020/38 [F2020L00034]	Principle (j) exemptions to primary legislation	Seeking advice from the assistant minister.
ASIC Corporations (Hawking-Life Risk Insurance and Consumer Credit Insurance) Instrument 2019/839 [F2019L01570]	Principle (j) matters more appropriate for parliamentary enactment	Seeking advice from the assistant minister.
ASIC Credit (Litigation Funding—Exclusion) Instrument 2020/37 [F2020L00035]	Principle (j) exemptions to primary legislation	Seeking advice from the assistant minister.
Competition and Consumer (Industry Codes—Dairy) Regulations 2019 [F2019L01610]	Principle (e) unclear drafting Principle (j) significant penalties Principle (k) parliamentary oversight	Seeking advice from the minister.
Competition and Consumer Amendment (Australian-made Complementary Medicines) Regulations 2019 [F2019L01627]	Principle (j) matters more appropriate for parliamentary enactment	Seeking advice from the minister.
Corporations Amendment (Design and Distribution Obligations) Regulations 2019 [F2019L01626]	Principle (j) matters more appropriate for parliamentary enactment	Seeking advice from the Treasurer.
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2019 [F2019L01564]	Principle (k) automated decision-making	Seeking advice from the minister.
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 3) Regulations 2019 [F2019L01642]	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Seeking advice from the minister.
National Health (Supplies of out-patient medication) Determination 2019 (No. 2) (PB 110 of 2019) [F2019L01703]	Principle (a) documents incorporated by reference	Seeking advice from the minister.
National Health (Take Home Naloxone Pilot) Special Arrangement 2019 (PB 97 of 2019) [F2019L01542]	Principle (a) compliance with authorising legislation Principle (c) scope of administrative powers	Seeking advice from the minister.
Taxation Administration (Private Ancillary Fund) Guidelines 2019 [F2019L01227]	Principle (a) consultation Principle (c) merits review	Seeking private briefing with senior departmental officials. 'Protective' notice of motion to disallow was placed on 05/12/2019.

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
Accounting Standard AASB 2019-8 Amendments to Australian Accounting Standards – Class of Right-of-Use Assets arising under Concessionary Leases [F2020L00062]	Principle (h) retrospective application	Seeking advice from the agency.
Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 [F2019L01621]	Principle (h) reversal of evidential burden of proof Principle (h) privacy	Seeking further advice from the agency.
Higher Education Provider Amendment (Tuition Protection and Other Measures) Guidelines 2019 [F2019L01699]	Principle (i) availability of independent review	Seeking further advice from the agency.
Industry Research and Development (International Space Investment Initiative Program) Instrument 2020 [F2020L00089]	Principle (d) adequacy of consultation	Seeking advice from the agency.
National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2020 (PB 11 of 2020) [F2020L00052]	Principle (d) adequacy of consultation	Seeking advice from the agency.
National Health (Price and Special Patient Contribution) Amendment Determination 2020 (No. 1) (PB 10 of 2020) [F2020L00067]	Principle (d) adequacy of consultation	Seeking advice from the agency.
Regional Investment Corporation (Small Business Drought Loans) Rules 2020 [F2020L00028]	Principle (e) clarity of drafting Principle (i) availability of independent review Principle (j) matters more appropriate for parliamentary enactment	Seeking advice from the agency.

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