Concluded matters [2021] AUSStaCSDLM 79 (12 May 2021)

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

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Appendix C

Concluded matters

6.1 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

6.2 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 (Amendment) Instrument 2020/1064 [F2020L01571] ASIC Corporations (Amendment) Instrument 2020/1065 [F2020L01572]	Principle (i) availability of independent merits review Principle (j) matters more appropriate for parliamentary enactment Principle (k) parliamentary oversight	Concluded following response from Treasurer on 26/04/2021. Notice of motion to disallow placed on 11/05/2021. The Australian Securities and Investments Commission amended the explanatory statement to the instruments in response to the committee's scrutiny concerns.
ASIC Corporations (Design and Distribution Obligations—Exchange Traded Products) Instrument 2020/1090 [F2020L01600]	Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Concluded following response from Treasurer on 09/04/2021. Notice of motion to disallow placed on 11/05/2021.
Commonwealth Grant Scheme Guidelines 2020 [F2020L01609]	Principle (a) compliance with Legislation Act 2003 – incorporation Principle (j) matters more appropriate for parliamentary enactment	Concluded following response from minister on 12/04/2021. Notice of motion to disallow placed on 11/05/2021. The Minister for Education and Youth undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
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	Concluded following further consideration by the committee. Notice of motion to disallow placed on 15/02/2021.
Competition and Consumer Amendment (AER Functions) Regulations 2020 [F2020L01606]	Principle (c) conferral of discretionary powers	Concluded following response from Treasurer on 28/04/2021. Notice of motion to disallow placed on 11/05/2021.
Corporations (Stay on Enforcing Certain Rights) Amendment (Corporate Insolvency Reforms) Declaration 2020 [F2020L01682]	Principle (d) consultation on specific instrument Principle (j) exemptions from the operation of primary legislation Principle (k) parliamentary oversight	Concluded following response from Treasurer on 26/04/2021. Notice of motion to disallow placed on 11/05/2021.
Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020 [F2020L01654]	Principle (e) clarity of drafting Principle (j) exemptions from and modification to primary legislation Principle (k) parliamentary oversight	Concluded following response from Treasurer on 09/04/2021. Notice of motion to disallow placed on 11/05/2021. The Treasurer undertook to amend the instrument in response to the committee's scrutiny concerns.
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	Concluded following response from Chief Justice on 30/04/2021. Notice of motion to disallow placed on 15/02/2021.
Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 [F2020L01568]	Principle (a) compliance with the Legislation Act 2003 - incorporation Principle (j) exemption from primary legislation Principle (j) matters more appropriate for parliamentary enactment Principle (j) modification of primary legislation Principle (k) parliamentary oversight	Concluded following response from Treasurer on 27/04/2021. Notice of motion to disallow placed on 11/05/2021. The Treasurer undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Norfolk Island Employment Rules 2020 [F2020L01536]	Principle (h) privacy	Concluded following response from assistant minister on 28/04/2021. Notice of motion to disallow placed on 17/03/2021. The Assistant Minister amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Takeovers Panel Procedural Rules 2020 [F2021L00131]	Principle (c) scope of administrative powers Principle (c) scope of administrative powers - insufficiently defined power Principle (e) clarity of drafting Principle (g) adequacy of explanatory materials Principle (h) freedom of expression Principle (h) personal rights and liberties – legal professional privilege Principle (h) personal rights and liberties – procedural fairness Principle (h) privacy Principle (h) procedural fairness	Concluded following response from Treasurer on 28/04/2021. The Treasurer advised that the Takeovers Panel undertook to amend explanatory statement to the instrument in response to the committee's scrutiny concerns.
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	Concluded following response from Assistant Treasurer on 30/04/2021. Notice of motion to disallow placed on 15/02/2021.
Taxation Administration (Remedial Power – Seasonal Labour Mobility Program) Determination 2020 [F2020L01474]	Principle (j) modification of primary legislation	Concluded following response from Treasurer on 22/04/2021. Notice of motion to disallow placed on 22/02/2021.

Agency engagement

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

Instrument	Issue	Status
Agricultural and Veterinary Chemicals Code (MRL Standard) Amendment Instrument (No. 2) 2021 [F2021L00124]	Principle (a) compliance with the Legislation Act 2003 - incorporation Principle (k) other technical scrutiny grounds – exemption from sunsetting	Concluded following response from the agency on 16/04/2021.
CASA EX16/21 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2021 [F2021L00149]	Principle (d) adequacy of consultation Principle (h) privacy: collection, use and disclosure of personal information	Concluded following response from the agency on 10/05/2021. The Civil Aviation Safety Authority undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Child Care Subsidy Amendment (Coronavirus Response Measures No. 1) Minister's Rules 2021 [F2021L00055]	Principle (e) clarity of drafting	Concluded following response from the agency on 20/04/2021. The Department of Education, Skills and Employment undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Civil Aviation Order 95.55 (Exemption from provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2021 [F2021L00073]	Principle (a) compliance with Legislation Act 2003 - incorporation Principle (d) adequacy of consultation Principle (i) availability of independent merits review	Concluded following response from the agency on 21/04/2021. The Civil Aviation Safety Authority amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Amendment Instrument 2021 [F2021L00091]	Principle (h) detrimental effect	Concluded following response from the agency on 07/05/2021. The Department of Education, Skills and Employment undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Industry Research and Development (Hotel Energy Uplift Program) Instrument 2021 [F2021L00095]	Principle (k) parliamentary oversight	Concluded following response from the agency on 14/04/2021.
Migration Amendment (Temporary Graduate Visas) Regulations 2020 [F2020L01639]	Principle (d) adequacy of consultation	Concluded following response from the agency on 23/04/2021. The Department of Home Affairs amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020 [F2020L01614]	Principle (a) compliance with Legislation Act 2003 - incorporation	Concluded following response from the agency on 20/04/2021. The Civil Aviation Safety Authority undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Sport Integrity Australia Amendment (World Anti-Doping Code Review) Regulations 2020 [F2020L01679]	Principle (a) compliance with the Legislation Act 2003 - consultation Principle (a) compliance with the Legislation Act 2003 - incorporation Principle (h) privacy	Concluded following response from the agency on 03/05/2021. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Therapeutic Goods (Medical Devices) Amendment (Vaporisers for Smoking Cessation) Regulations 2020 [F2020L01645]	Principle (c) conferral of discretionary powers Principle (h) privacy Principle (d) consultation on specific instrument	Concluded following response from the agency on 15/04/2021. The Department of Health undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 11 [F2021L00063]	Principle (a) compliance with Legislation Act 2003 - consultation	Concluded following response from the agency on 22/04/2021. The Department of Infrastructure, Transport, Regional Development and Communications undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns.
Work Health and Safety Amendment (Hazardous Chemicals) Regulations 2020 [F2020L01593]	Principle (a) compliance with Legislation Act 2003 - incorporation Principle (f) access and use	Concluded following response from the agency on 16/04/2021. The Attorney-General's Department amended the explanatory statement to the instrument in response to the committee's scrutiny concerns.

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