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

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Ongoing matters [2020] AUSStaCSDLM 5 (5 February 2020)


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

3.1 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
Broadcasting Services (Transmitter Access) Regulations 2019 [F2019L01248]
Principle (b) personal rights and liberties (privilege against self-incrimination)
Principle (d) significant matters in delegated legislation
Seeking advice from the minister.
CASA EX101/19 — Helicopter Aerial Application Endorsements Exemption 2019 [F2019L01132]
Principle (d) continuing exemption
Awaiting implementation of ministerial undertaking made on 07/11/2019 to amend the Civil Aviation Safety Regulations 1998 in 2020.
Financial Sector (Collection of Data) (reporting standard) determination No. 30 of 2019 [F2019L01196]
Principle (c) merits review
Seeking further advice from the assistant minister.
'Protective' notice of motion to disallow instrument placed on 03/12/2019.
Jervis Bay Territory Rural Fires Amendment (Miscellaneous Measures) Rules 2019 [F2019L01494]
Principle (c) merits review
Seeking advice from the assistant minister.
Taxation Administration (Private Ancillary Fund) Guidelines 2019 [F2019L01227]
Principle (a) consultation
Principle (c) merits review
Seeking further advice from the assistant minister.
'Protective' notice of motion to disallow instrument placed on 05/12/2019.
Treasury Laws Amendment (Ending Grandfathered Conflicted Remuneration) Regulations 2019 [F2019L01526]
Principle (d) significant matters in delegated legislation
Seeking advice from the Treasurer.

Agency engagement

3.2 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
National Health (Take Home Naloxone Pilot) Special Arrangement 2019 (PB 97 of 2019) [F2019L01542]
Principle (d) sub-delegation
Seeking advice from the agency.

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


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