Ongoing matters [2021] AUSStaCSDLM 136 (11 August 2021)

• Agency engagement

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Appendix B

Ongoing matters

5.1 This appendix documents the committee's ongoing scrutiny concerns in relation to matters previously raised in earlier Delegated Legislation Monitors.

Ministerial engagement

5.2 The committee is continuing to engage 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 Legislation Amendment (Serious Incident Response Scheme) Instrument 2021 [F2021L00222]	Principle (j) significant matters in delegated legislation Principle (k) parliamentary oversight	Seeking further advice from the minister. Notice of motion to disallow placed on 04/08/2021.
Australian Charities and Not‑for‑profits Commission Amendment (2021 Measures No. 2) Regulations 2021 [F2021L00863]	Principle (b) implied freedom of political communication Principle (c) conferral of discretionary powers Principle (e) clarity of drafting	Seeking further advice from the Assistant Treasurer.
Australian Renewable Energy Agency Amendment (2020-21 Budget Programs) Regulations 2021 [F2021L00590]	Principle (a) compliance with authorising legislation Principle (d) consultation with persons affected Principle (j) significant matters in delegated legislation	Seeking further advice from the minister.
Aviation Transport Security Amendment (Screening Information) Regulations 2021 [F2021L00736]	Principle (c) conferral of discretionary powers Principle (h) strict liability Principle (j) significant penalties in delegated legislation	Seeking advice from the minister.
Bankruptcy Regulations 2021 [F2021L00261]	Principle (j) modifications to primary legislation Principle (k) parliamentary oversight	Seeking further advice from the Assistant Minister to the Attorney-General. Notice of motion to disallow placed on 11/08/2021.
Charter of the United Nations Lists [F2021L00626] [F2021L00627] [F2021L00628] [F2021L00631] [F2021L00632] [F2021L00633] [F2021L00634] [F2021L00635] [F2021L00636] [F2021L00637] [F2021L00638] [F2021L00639] [F2021L00640] [F2021L00641] [F2021L00642] [F2021L00643] [F2021L00644] [F2021L00645] [F2021L00647] [F2021L00648] [F2021L00649]	Principle (a) compliance with Legislation Act 2003 - registration of instruments	Seeking advice from the minister.
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 1) Regulations 2021 [F2021L00290]	Principle (j) matters more appropriate for parliamentary enactment Principle (k) parliamentary oversight	Seeking further advice from the minister. Notice of motion to disallow placed on 11/08/2021.
High Court of Australia (Building and Precincts—Regulating the Conduct of Persons) Directions 2021 [F2021L00391]	Principle (c) conferral of discretionary powers Principle (e) clarity of drafting Principle (g) adequacy of explanatory materials	Seeking further advice from the Chief Executive and Principal Registrar of the High Court of Australia. Notice of motion to disallow placed on 11/08/2021.
Industry Research and Development (Beetaloo Cooperative Drilling Program) Instrument 2021 [F2021L00567]	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Seeking advice from the minister.
Industry Research and Development (Boosting Australia's Diesel Storage Program) Instrument 2021 [F2021L00610]	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Seeking advice from the minister.
Industry Research and Development (Carbon Capture, Use and Storage Development Program) Instrument 2021 [F2021L00547]	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Seeking advice from the minister. Notice of motion to disallow placed on 11/08/2021.
Industry Research and Development (Growing Australia’s Cyber Skills Program) Instrument 2021 [F2021L00536]	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Seeking advice from the minister. Notice of motion to disallow placed on 11/08/2021.
Industry Research and Development (Modern Manufacturing Initiative Program) Instrument 2021 [F2021L00539]	Principle (g) adequacy of explanatory materials Principle (j) matters more appropriate for parliamentary enactment Principle (k) parliamentary oversight	Seeking advice from the minister. Notice of motion to disallow placed on 11/08/2021.
Legislation (Telecommunications Customer Service Guarantee Instruments) Sunset-altering Declaration 2021 [F2021L00277]	Principle (d) adequacy of consultation Principle (k) parliamentary oversight - sunsetting	Seeking further advice from the Assistant Minister to the Attorney-General. Notice of motion to disallow placed on 11/08/2021.
Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 [F2021L00651]	Principle (j) exemptions from primary legislation Principle (k) parliamentary oversight	Seeking advice from the minister.

Agency engagement

5.3 The committee is continuing to engage with the relevant agencies via its secretariat to seek further information about potential scrutiny concerns raised by the instruments listed below.

Instrument	Issue	Status
Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021 [F2021L00697]	Principle (h) privacy	Seeking further advice from the agency.
Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2021 (No. 1) [F2021L00759]	Principle (a) compliance with Legislation Act 2003 - incorporation Principle (e) clarity of drafting Principle (g) adequacy of explanatory materials	Seeking further advice from the agency.
Aviation Transport Security (Screening Officer Requirements) Determination 2021 [F2021L00738] Maritime Transport Security (Screening Officer Requirements) Determination 2021 [F2021L00740]	Principle (c) conferral of discretionary powers	Seeking further advice from the agency.
Higher Education Provider Approval No 1 of 2021 [F2021L00747]	Principle (g) adequacy of explanatory materials	Seeking further advice from the agency.
Inspector-General of the Australian Defence Force Amendment Regulations 2021 [F2021L00591]	Principle (a) compliance with Legislation Act 2003 - retrospective application Principle (h) privacy	Seeking further advice from the agency.
Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021 [F2021L00624]	Principle (f) incorporation of copyrighted material	Seeking further advice from the agency.

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