New matters [2021] AUSStaCSDLM 17 (4 February 2021)

• Agency engagement

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Appendix A

New matters

4.1 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 new scrutiny concerns in relation to disallowable legislative instruments registered on the Federal Register of Legislation between 14 October 2020 and 17 November 2020.

Ministerial engagement

4.2 The committee is writing to the relevant minister about the scrutiny issues raised by the instruments listed below for the first time. Copies of the ministerial correspondence are available on the committee's website.^[1] In some instances, the committee may write to a minister to draw attention to technical scrutiny issues raised by an instrument, but will not request a response.

Instrument	Issue	Status
Competition and Consumer (Class Exemption—Collective Bargaining) Determination 2020 [F2020L01334]	Principle (i) availability of independent merits review Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking advice from the Treasurer.
Family Law Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 [F2020L01361] Federal Circuit Court Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 [F2020L01362]	Principle (a) compliance with authorising legislation – compliance with legislative requirements Principle (h) retrospective effect	Seeking advice from the Chief Justice of the Family Court of Australia.
Industry Research and Development (Supporting Agricultural Shows and Field Days Program) Instrument 2020 [F2020L01401]	Principle (k) parliamentary oversight	Seeking advice from the minister.
Narcotic Drugs (Licence Charges) Amendment (Cannabis-Related Manufacture Licences) Regulations 2020 [F2020L01327]	Principle (j) levying of taxation in delegated legislation	Drawing to the attention of the minister.
Part 138 (Aerial Work Operations) Manual of Standards 2020 [F2020L01402]	Principle (e) drafting	Seeking advice from the minister.
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2020 (No. 3) [F2020L01337]	Principle (j) levying of taxation in delegated legislation	Drawing to the attention of the minister.
Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 [F2020L01406]	Principle (a) compliance with authorising legislation Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Seeking advice from the Treasurer.

Agency engagement

4.3 Since the last Delegated Legislation Monitor, the committee has engaged with relevant agencies via its secretariat for the first time, to seek information about potential scrutiny concerns raised by the instruments below.

Instrument	Issue	Status
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Amendment (Brexit Transition Period) Order 2020 [F2020L01340]	Principle (a) compliance with Legislation Act 2003 – incorporation Principle (f) incorporated material freely accessible	Concluded following response from the agency on 29/01/2021.
Macquarie Lightstation Heritage Management Plan 2020 [F2020L01339]	Principle (f) instrument subject to copyright	Concluded following response from the agency on 29/01/2021.

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