Agency engagement [2022] AUSStaCSDLM 117 (23 November 2022)

• New matters
• Ongoing matters
• Concluded matters

Chapter 3

Agency engagement

3.1 As part of its technical scrutiny of legislative instruments, the committee may engage with relevant agencies via its secretariat to gather information or seek clarification to resolve minor technical scrutiny concerns. While this correspondence is confidential, the committee lists the relevant instruments on its website and provides a statistical overview of the relevant scrutiny issues raised in its Annual Reports. The committee reports on matters which cannot be satisfactorily resolved via engagement with the relevant agency in Chapter 1 of the Monitor.

3.2 Some instruments may be listed as both 'new' and 'concluded', where the committee via its secretariat has both raised and resolved concerns with the relevant agency in the period covered by the Monitor.

New matters

3.3 Of the instruments registered on the Federal Register of Legislation between 24 September and 7 October 2022, the committee commenced engaging with the relevant agency via its secretariat about the following 13 instruments.^[1]

Instrument
Aged Care Legislation Amendment (Residential Aged Care Funding) Instrument 2022 [F2022L01276]
Banking (prudential standard) determination No. 2 of 2022 [F2022L01254]
Education Services for Overseas Students (Calls on the OSTF—requirements for payments) Instrument 2022 [F2022L01302]
Education Services for Overseas Students (Notice Requirements) Instrument 2022 [F2022L01298]
Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022 [F2022L01303]
Education Services for Overseas Students (Suitable Alternative Courses) Instrument 2022 [F2022L01299]
Insurance (prudential standard) determination No. 6 of 2022 [F2022L01248]
Legislation (Deferral of Sunsetting—Life Insurance (Prudential Standard) Instruments) Certificate 2022 [F2022L01268]
National Health (Eligible Midwives) Determination 2022 [F2022L01262]
National Housing Finance and Investment Corporation Investment Mandate Amendment (Regional First Home Buyer Guarantee) Direction 2022 [F2022L01290]
Telecommunications (Charges) Determination 2022 [F2022L01253]
Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022 [F2022L01326]
Veterans’ Affairs (Treatment Principles—Extending Access to Allied Health and Rehabilitation Appliances for Residential Care Recipients) Amendment Determination 2022 [F2022L01287]

Ongoing matters

3.4 The committee is continuing to engage with relevant agencies via its secretariat about potential scrutiny concerns raised by one instrument.^[2]

Instrument
Industry Fellowships Program (IFP) Grants Guidelines [F2022L01187]

Concluded matters

3.5 The committee has concluded its consideration of the following ten instruments after engagement with relevant agencies via its secretariat.^[3]

Instrument
ASIC Corporations (Product Intervention Order Extension—Binary Options) Instrument 2022/779 [F2022L01169]
Banking (prudential standard) determination No. 2 of 2022 [F2022L01254]
Insurance (prudential standard) determination No. 6 of 2022 [F2022L01248]
Legislation (Deferral of Sunsetting—Life Insurance (Prudential Standard) Instruments) Certificate 2022 [F2022L01268]
Military Superannuation and Benefits (Eligible Members) Declaration 2022 [F2022L01141]
National Housing Finance and Investment Corporation Investment Mandate Amendment (Regional First Home Buyer Guarantee) Direction 2022 [F2022L01290]
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 1) [F2022L01151]
Telecommunications (Charges) Determination 2022 [F2022L01253]
Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2022 [F2022L01097]
Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022 [F2022L01326]

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[1] For further details, see the Index of Instruments page on the committee's website.

In Delegated Legislation Monitor 7 of 2022, the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Amendment (Review) Regulations 2022 [F2022L01232] was listed as a new matter. This instrument was listed in error, and the secretariat has not engaged with the relevant agency regarding this instrument.

[2] For further details, see the Index of Instruments page on the committee's website.

[3] For further details, see the Index of Instruments page on the committee's website.