Concluded matters [2021] AUSStaCSDLM 191 (25 November 2021)

• Appendix C
• Concluded matters
• Ministerial engagement
• Agency engagement

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Appendix C

Concluded matters

7.1 This appendix records the instruments in relation to which the committee has concluded its inquiries, following correspondence with the relevant minister or agency. Instruments registered before 1 July 2021 have been marked with an asterisk and will continue to be scrutinised under the committee's previous scrutiny principles until they are concluded.^[1]

Ministerial engagement

7.2 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.^[2]

Instrument	Issue	Status
Biosecurity (Human Coronavirus with Pandemic Potential) Amendment (No. 1) Determination 2021 [F2021L01068]	Standing order 23(4A) exemption from disallowance Principle (c) conferral of discretionary powers Principle (d) adequacy of consultation Principle (h) freedom of movement Principle (j) matters more appropriate for parliamentary enactment Principle (l) modification of the operation of primary legislation	Concluded following response from the minister on 19/10/2021.[3]
Civil Dispute Resolution Regulations 2021 [F2021L01031]	Principle (l) exemption from the operation of primary legislation Principle (m) parliamentary oversight	Concluded following response from the minister on 14/10/2021. The Attorney-General undertook to amend the instrument in response to the committee's scrutiny concerns.
Education Services for Overseas Students (Exempt Courses) Instrument 2021 [F2021L00877]*	Principle (a) compliance with Legislation Act 2003—incorporation	Concluded following response from the minister on 13/10/2021. The Minister for Education and Youth undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Industry Research and Development (Beetaloo Cooperative Drilling Program) Instrument 2021 [F2021L00567]*	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Concluded following response from the minister on 04/11/2021.
Industry Research and Development (Boosting Australia's Diesel Storage Program) Instrument 2021 [F2021L00610]*	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Concluded following response from the minister on 04/11/2021.
Industry Research and Development (Carbon Capture, Use and Storage Development Program) Instrument 2021 [F2021L00547]*	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Concluded following response from the minister on 04/11/2021.
Industry Research and Development (Growing Australia’s Cyber Skills Program) Instrument 2021 [F2021L00536]*	Principle (g) adequacy of explanatory materials Principle (k) parliamentary oversight	Concluded following response from the minister on 04/11/2021.
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	Concluded following response from the minister on 04/11/2021. The Minister for Industry, Energy and Emissions Reduction undertook to amend the instrument in response to the committee's scrutiny concerns.
Industry Research and Development (Regional Decentralisation Agenda—Securing Raw Materials Program) Instrument 2021 [F2021L00973]	Principle (b) constitutional validity Principle (g) adequacy of explanatory materials Principle (m) parliamentary oversight	Concluded following response from the minister on 25/10/2021.
Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 [F2021L01030]	Principle (h) procedural fairness	Concluded following response from the minister on 11/11/2021. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs undertook to amend the instrument in response to the committee's scrutiny concerns.
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	Concluded following response from the minister on 29/10/2021. The Minister for Communications, Urban Infrastructure and the Arts amended the explanatory statement to the instrument and undertook to amend the instrument pending consultation with stakeholders in response to the committee's scrutiny concerns.

Agency engagement

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

Instrument	Issue	Status
Aged Care Legislation Amendment (Improved Home Care Payment Administration) Instrument 2021 [F2021L01133]	Principle (a) compliance with Legislation Act 2003—incorporation Principle (i) availability of independent merits review	Concluded following response from the agency on 08/11/2021. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
CASA EX102/21 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2021 [F2021L01208]	Principle (h) privacy	Concluded following response from the agency on 01/10/2021.
CASA EX112/21 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2021 [F2021L01342]	Principle (h) privacy	Concluded following response from the agency on 04/11/2021.
Child Care Subsidy Amendment (Coronavirus Response Measures No. 6) Minister’s Rules 2021 [F2021L01233]	Principle (i) availability of independent merits review	Concluded following response from the agency on 04/11/2021. The Department of Education, Skills and Employment undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Defence (Individual Benefits) Determination 2021 (No. 4) [F2021L01180]	Principle (i) availability of independent merits review	Concluded following response from the agency on 12/11/2021. The Department of Defence amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Defence Honours and Awards Appeals Tribunal Procedural Rules 2021 [F2021L01318]	Principle (a) compliance with the Legislation Act 2003—consultation	Concluded following response from the agency on 04/11/2021. The Department of Defence undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2021 [F2021L01156]	Principle (c) delegation of administrative powers and functions Principle (g) adequacy of explanatory materials	Concluded following response from the agency on 14/10/2021. The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Financial Framework (Supplementary Powers) Amendment (Defence Measures No. 1) Regulations 2021 [F2021L01144]	Principle (c) delegation of administrative powers and functions Principle (m) disclosure of funding information	Concluded following response from the agency on 15/10/2021. The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 4) Regulations 2021 [F2021L01146]	Principle (c) delegation of administrative powers and functions Principle (m) parliamentary oversight	Concluded following response from the agency on 15/10/2021. The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 4) Regulations 2021 [F2021L01141]	Principle (c) delegation of administrative powers and functions Principle (m) parliamentary oversight	Concluded following response from the agency on 15/10/2021. The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 3) Regulations 2021 [F2021L01142]	Principle (c) delegation of administrative powers and functions	Concluded following response from the agency on 18/10/2021. The Department of Finance amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Human Services (Centrelink) Regulations 2021 [F2021L01359]	Principle (d) adequacy of consultation	Concluded following response from the agency on 04/11/2021.
Macquarie Island Toothfish Fishery (Total Allowable Catch) Determination 2021 [F2021L01152]	Principle (a) compliance with Legislation Act 2003—consultation	Concluded following response from the agency on 20/10/2021. 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.
National Health (Pharmaceutical Benefits Scheme-Exempt items - Section 84AH) Amendment Determination 2021 (No. 3) [F2021L01222]	Principle (a) compliance with authorising legislation	Concluded following response from the agency on 15/10/2021. The Department of Health amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
National Health (Pharmaceutical Benefits) (Pharmacist Substitution of Medicines without Prescription during Shortages) Amendment (No. 2) Determination 2021 [F2021L01296]	Principle (a) compliance with the Legislation Act 2003—consultation	Concluded following response from the agency on 02/11/2021. The Department of Health amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
National Health (Weighted average disclosed price – October 2021 reduction day) Amendment Determination 2021 [F2021L01195]	Principle (h) personal rights and liberties	Concluded following response from the agency on 15/10/2021.
Part 60 Manual of Standards Amendment Instrument 2021 (No. 1) [F2021L01303]	Principle (e) clarity of drafting Principle (g) adequacy of explanatory materials	Concluded following response from the agency on 12/11/2021. The Civil Aviation Safety Authority undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Remuneration Tribunal Amendment Determination (No. 5) 2021 [F2021L01336]	Principle (h) retrospective commencement	Concluded following response from the agency on 03/11/2021. The Remuneration Tribunal undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Student Identifiers (VET Exemptions) Instrument 2021 [F2021L01365]	Principle (l) exemption from the operation of primary legislation Principle (m) parliamentary oversight	Concluded following response from the agency on 04/11/2021.
Therapeutic Goods (Standards for Biologicals—General and Specific Requirements) (TGO 109) Order 2021 [F2021L01332]	Principle (a) compliance with Legislation Act 2003—incorporation Principle (f) incorporated materials freely accessible Principle (h) privacy Principle (g) adequacy of explanatory materials	Concluded following response from the agency on 04/11/2021. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Therapeutic Goods Amendment (Therapeutic Goods Advertising Code) Instrument (No. 5) 2021 [F2021L01317]	Principle (a) compliance with the Legislation Act 2003—consultation	Concluded following response from the agency on 03/11/2021. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Transport Safety Investigation Regulations 2021 [F2021L01248]	Principle (a) compliance with Legislation Act 2003— incorporation	Concluded following response from the agency on 13/10/2021. The Australian Transport Safety Bureau amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Transport Security Legislation Amendment (Serious Crime) Regulations 2021 [F2021L01145]	Principle (c) conferral of discretionary powers Principal (h) privacy Principle (h) reverse evidential burden of proof Principle (i) availability of independent merits review	Concluded following response from the agency on 17/11/2021. The Department of Home Affairs undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.

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[1] On 16 June 2021 the Senate adopted three recommendations of the final report of the committee's inquiry into the exemption of delegated legislation from parliamentary oversight that were directed to the Senate. As a result, from 1 July 2021, the standing orders of the Senate were amended to add two new scrutiny principles to the committee's terms of reference. In addition, the standing orders were amended to allow the committee to consider instruments which are exempt from disallowance.

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

[3] Details of the committee's concerns regarding the Biosecurity (Human Coronavirus with Pandemic Potential) Amendment (No. 1) Determination 2021 [F2021L01068] are highlighted in Chapter 1 of this Monitor.