New matters [2022] AUSStaCSDLM 22 (9 February 2022)

• Agency engagement

Appendix A

New matters

5.1 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 legislative instruments registered on the Federal Register of Legislation between 27 November 2021 and 10 December 2021.

Ministerial engagement

5.2 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]

Instrument	Issue	Status
Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2021 (No. 2) [F2021L01658]	Principle (k) exemption from sunsetting Principle (l) exemption from the operation of primary legislation	Seeking advice from the minister.
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment (No. 2) Regulations 2021 [F2021L01750]	Principle (j) levying of taxation in delegated legislation	Drawing to the attention of the Senate.
Competition and Consumer Amendment (Consumer Data Right) Regulations 2021 [F2021L01617]	Principle (g) adequacy of explanatory materials Principle (h) privacy Principle (k) exemption from sunsetting Principle (l) exemption from the operation of primary legislation	Seeking advice from the Treasurer.
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2021 [F2021L01639] Fishing Levy Amendment (2021-2022 Levy Amounts) Regulations 2021 [F2021L01643]	Principle (j) levying of taxation in delegated legislation	Drawing to the attention of the Senate.
Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021 [F2021L01708]	Principle (j) matters more appropriate for parliamentary enactment Principle (j) significant matters in delegated legislation Principle (m) parliamentary oversight	Seeking advice from the minister.

Agency engagement

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

Instrument	Issue	Status
Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021 [F2021L01677]	Principle (f) incorporated materials freely accessible	Committee secretariat considering response.
Carbon Credits (Carbon Farming Initiative—Estimation of Soil Organic Carbon Sequestration Using Measurement and Models) Methodology Determination 2021 [F2021L01696]	Principle (a) compliance with Legislation Act 2003—incorporation	Seeking advice from the agency.
Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 [F2021L01663]	Principle (f) incorporated materials freely accessible	Committee secretariat considering response.
Comptroller (Warrants) Amendment Directions 2021 [F2021L01657]	Principle (g) adequacy of explanatory materials	Committee secretariat considering response.
Comptroller-General of Customs (Warrants) Amendment Directions 2021 [F2021L01650]	Principle (g) adequacy of explanatory materials	Committee secretariat considering response.
Corporations (Relevant Providers—Education and Training Standards) Determination 2021 [F2021L01714]	Principle (a) compliance with the Legislation Act 2003—incorporation Principle (i) availability of independent merits review	Committee secretariat considering response.
Export Control Legislation Amendment (2021 Measures No. 1) Rules 2021 [F2021L01730]	Principle (a) compliance with the Legislation Act 2003—incorporation Principle (c) delegation of administrative powers and functions Principle (e) clarity of drafting Principle (h) privacy	Committee secretariat considering response.
Fisheries Management (Logbooks for Fisheries) Determination 2021 [F2021L01676]	Principle (c) conferral of discretionary powers Principle (c) delegation of administrative powers and functions Principle (e) clarity of drafting	Committee secretariat considering response.
Imported Food Control Legislation Amendment (Risk Foods) Order 2021 [F2021L01659]	Principle (a) compliance with Legislation Act 2003—incorporation	Committee secretariat considering response.
Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021 [F2021L01752]	Principle (a) compliance with Legislation Act 2003—no statement of compatibility	Committee secretariat considering response.
Telecommunications (Interception and Access) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01622]	Principle (a) compliance with authorising legislation	Committee secretariat considering response.
Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 [F2021L01661]	Principle (e) clarity of drafting	Committee secretariat considering response.
Various instruments made by the Civil Aviation Safety Authority [F2021L01671] [F2021L01675] [F2021L01679] [F2021L01681] [F2021L01682] [F2021L01683] [F2021L01684] [F2021L01685] [F2021L01687] [F2021L01688] [F2021L01697] [F2021L01680]	Principle (k) exemption from sunsetting	Committee secretariat considering response.
Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.2) [F2021L01629]	Principle (a) compliance with Legislation Act 2003—incorporation Principle (k) exemption from sunsetting	Seeking advice from the agency.

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