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

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Undertakings [2020] AUSStaCSDLM 98 (27 August 2020)


Appendix C

Undertakings

6.1 From time to time, a minister or agency may make an undertaking to address the committee's scrutiny concerns. These may include, for example, an undertaking to amend a legislative instrument or an explanatory statement, or to review an Act or a departmental practice. The committee expects that, when a minister or agency has made an undertaking, it will be implemented in a timely manner. Accordingly, this appendix records outstanding ministerial and agency undertakings, and the undertakings implemented since the committee's last Delegated Legislation Monitor.

Outstanding undertakings

6.2 The following table records undertakings that remain outstanding, from oldest to newest. The committee draws these undertakings to the attention of the Senate.

Instrument
Undertaking
Date of Undertaking
Water Amendment (Murray Darling Basin Agreement—Basin Salinity Management) Regulations 2018 [F2018L01674]
The Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management undertook to progress amendments to the Water Act 2007 in response to the committee's scrutiny concerns.
11/09/2019
CASA EX101/19 — Helicopter Aerial Application Endorsements Exemption 2019 [F2019L01132]
The Minister for Infrastructure, Transport and Regional Development undertook to amend the Civil Aviation Safety Regulations 1998 in 2020 in response to the committee's scrutiny concerns.
07/11/2019
Taxation Administration (Private Ancillary Fund) Guidelines 2019 [F2019L01227]
The Assistant Minister for Finance, Charities and Electoral Matters undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
The Assistant Minister for Finance, Charities and Electoral Matters undertook to progress amendments to primary legislation in response to the committee’s scrutiny concerns.
03/12/2019
17/03/2020
Veterans’ Affairs Pharmaceutical Benefits Schemes (Electronic Prescriptions and Active Ingredient Prescribing) Amendment Instrument 2019 [F2019L01387]
The Department of Veterans' Affairs undertook to amend the Repatriation Pharmaceutical Benefits Scheme [F2013L02009] and the MRCA Pharmaceutical Benefits Scheme (No. MRCC 44/2013) [F2013L02012] to correct drafting errors.
28/01/2020
Treasury Laws Amendment (Miscellaneous Amendments) Regulations 2019 [F2019L01641]
The Treasury undertook to amend the instrument in response to the committee's scrutiny concerns.
14/02/2020
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2019 [F2019L01564]
The Minister for Agriculture, Drought and Emergency Management undertook to amend the instrument in response to the committee's scrutiny concerns.
14/05/2020
Biosecurity Amendment (International Mail Fee) Regulations 2020 [F2020L00576]
The Minister for Agriculture, Drought and Emergency Management undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
25/06/2020
Defence Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00120]
The Minister for Defence undertook to amend the instrument in response to the committee's scrutiny concerns.
01/07/2020
Superannuation Legislation Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00645]
The Treasury undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
06/07/2020
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2020 (No. 4) (PB 33 of 2020) [F2020L00523]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
27/07/2020
National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2020 (No. 5) (PB 46 of 2020) [F2020L00646]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
27/07/2020
Therapeutic Goods Legislation Amendment (Fees and Other Measures) Regulations 2020 [F2020L00720]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
27/07/2020
National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2020 (No. 4) (PB 37 of 2020) [F2020L00538]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
03/08/2020
Industrial Chemicals (Fees and Charges) Rules 2020 [F2020L00704]
The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
07/08/2020

Implemented undertakings

6.3 The following table records undertakings that have been implemented since the committee's last Delegated Legislation Monitor.

Instrument
Undertaking
Date implemented
CASA EX55/20 — Maintenance on Limited Category and Experimental Aircraft Exemption 2020 [F2020L00436]
The Department of Infrastructure, Transport, Regional Development and Communications amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
25/05/2020
Financial Framework (Supplementary Powers) Amendment (Education, Skills and Employment Measures No. 1) Regulations 2020 [F2020L00233]
The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
17/06/2020
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 2) Regulations 2020 [F2020L00392]
The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
17/06/2020
Higher Education Provider Amendment (Tuition Protection and Other Measures) Guidelines 2019 [F2019L01699]
The Minister for Education amended the instrument in response to the committee's scrutiny concerns.
18/06/2020
The Department of Veterans' Affairs amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
09/07/2020
Health Insurance (Bonded Medical Program) Rule 2020 [F2019L01513]
The Department of Health amended the instrument in response to the committee's scrutiny concerns.
15/07/2020
Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2020 [F2020L00571]
The Department of Infrastructure, Transport, Regional Development and Communications amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
16/07/2020
Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 [F2020L00549]
The Minister for Education amended the instrument in response to the committee's scrutiny concerns.
04/08/2020
ASIC Corporations (Amendment) Instrument 2019/784 [F2019L01206]
The Australian Securities and Investment Corporation amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
10/08/2020
Therapeutic Goods (Clinical Trial Inspection) Specification 2020 [F2020L00688]
The Department of Health amended the instrument and explanatory statement to the instrument in response to the committee's scrutiny concerns.
13/08/2020
National Health (Take Home Naloxone Pilot) Special Arrangement 2019 (PB 97 of 2019) [F2019L01542]
The Minister for Health amended the instrument in response to the committee's scrutiny concerns.
26/08/2020


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