Concluded matters [2020] AUSStaCSDLM 97 (27 August 2020)

• Appendix B
• Concluded matters
• Ministerial engagement
• Agency engagement

Appendix B

Concluded matters

5.1 This appendix records the instruments in relation to which the committee has concluded its inquiries, following correspondence with the relevant minister or agency.

Ministerial engagement

5.2 The committee has concluded its examination of the instruments listed below following correspondence with the relevant minister. Copies of the ministerial correspondence are available on the committee's website.^[1]

Instrument	Issue	Status
ASIC Corporations (Deferral of Design and Distribution Obligations) Instrument 2020/486 [F2020L00618] ASIC Credit (Deferral of Mortgage Broker Obligations) Instrument 2020/487 [F2020L00623]	Principle (j) exemptions from primary legislation Principle (k) parliamentary oversight	Concluded following response from the minister on 29/06/2020.
Australian Crime Commission Establishment Regulations 2020 [F2020L00162]	Principle (i) availability of independent merits review	Concluded following response from the minister on 11/06/2020.
Child Care Subsidy Amendment (Coronavirus Response Measures No. 2) Minister’s Rules 2020 [F2020L00406]	Principle (e) clarity of drafting Principle (k) parliamentary oversight	Concluded following response from the minister on 08/07/2020.
Defence Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00120]	Principle (h) procedural fairness	Concluded following response from the minister on 01/07/2020. 'Protective' notice of motion placed on 18/06/2020. The Minister for Defence undertook to amend the instrument in response to the committee's scrutiny concerns.
Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 [F2020L00432]	Principle (d) consultation with persons affected Principle (g) adequacy of explanatory materials Principle (j) modification of primary legislation	Concluded following response from the minister on 09/06/2020.
Financial Sector (Collection of Data) (reporting standard) determination No. 3 of 2020 [F2020L00328]	Principle (f) Incorporated materials freely accessible	Concluded following response from the minister on 11/06/2020.
Higher Education Provider Amendment (Tuition Protection and Other Measures) Guidelines 2019 [F2019L01699]	Principle (i) availability of independent merits review	Concluded following response from the minister on 05/06/2020. The Minister for Education amended the instrument in response to the committee's scrutiny concerns.
National Health (Take Home Naloxone Pilot) Special Arrangement 2019 (PB 97 of 2019) [F2019L01542]	Principle (a) compliance with authorising legislation Principle (k) availability of accountability safeguards	Concluded following response from the minister on 31/07/2020 'Protective' notice of motion placed on 12/05/2020. The Minister for Health amended the instrument in response to the committee's scrutiny concerns on 26/08/2020.
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2020 (No. 2) [F2020L00652] Radiocommunications (Receiver Licence Tax) Amendment Determination 2020 (No. 2) [F2020L00653]	Principle (j) levying of taxation in delegated legislation	Concluded following consideration by the committee.
Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 [F2020L00549]	Principle (i) availability of independent merits review	Concluded following response from the minister on 21/06/2020. The Minister for Education amended the instrument in response to the committee's scrutiny concerns on 04/08/2020.

Agency engagement

5.3 The committee has concluded its examination of the instruments listed below following informal correspondence with the relevant agencies via its secretariat.

Instrument	Issue	Status
Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2020 [F2020L00571]	Principle (d) consultation with persons affected	Concluded following response from the agency on 08/07/2020. The Department of Infrastructure, Transport, Regional Development and Communications amended the explanatory statement to the instrument in response to the committee's scrutiny concerns on 16/07/2020.
Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery, May 2020 [F2020L00633]	Principle (a) compliance with authorising legislation	Concluded following response from the agency on 09/07/2020.
Biosecurity Amendment (International Mail Fee) Regulations 2020 [F2020L00576]	Principle (d) consultation with persons affected	Concluded following response from the agency on 25/06/2020. The Department of Agriculture, Water and the Environment undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Export Control (Animals) Amendment (Australian Standards for the Export of Livestock) Order 2020 [F2020L00689]	Principle (e) clarity of drafting	Concluded following response from the agency on 21/07/2020.
Health Insurance (General Medical Services Table) Regulations (No. 2) 2020 [F2020L00711]	Principle (h) privacy	Concluded following response from the agency on 31/07/2020.
Industrial Chemicals (Fees and Charges) Rules 2020 [F2020L00704]	Principle (f) incorporated materials freely accessible Principle (i) availability of independent merits review	Concluded following response from the agency on 07/08/2020. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2020 (No. 4) (PB 33 of 2020) [F2020L00523]	Principle (f) incorporated materials freely accessible	Concluded following response from the agency on 27/07/2020. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2020 (No. 5) (PB 46 of 2020) [F2020L00646]	Principle (f) incorporated materials freely accessible	Concluded following response from the agency on 27/07/2020. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2020 (No. 4) (PB 37 of 2020) [F2020L00538]	Principle (f) incorporated materials freely accessible	Concluded following response from the agency on 03/08/2020. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Social Security (Coronavirus Economic Response—2020 Measures No. 10) Determination 2020 [F2020L00690]	Principle (i) availability of independent merits review	Concluded following response from the agency on 17/07/2020.
Superannuation Guarantee (Administration) Amendment (Jobkeeper Payment) Regulations 2020 [F2020L00655]	Principle (d) consultation with persons affected Principle (h) retrospective effect	Concluded following response from the agency on 06/08/2020.
Superannuation Legislation Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00645]	Principle (a) compliance with Legislation Act 2003	Concluded following response from the agency on 06/07/2020. The Treasury undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Therapeutic Goods Legislation Amendment (Fees and Other Measures) Regulations 2020 [F2020L00720]	Principle (j) unclear basis for determining fees	Concluded following response from the agency on 27/07/2020. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Therapeutic Goods (Clinical Trial Inspection) Specification 2020 [F2020L00688]	Principle (f) incorporated materials freely accessible Principle (h) privacy	Concluded following response from the agency on 17/07/2020. The Department of Health amended the instrument and explanatory statement to the instrument in response to the committee's scrutiny concerns on 13/08/2020.

---

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