Matters of interest to the Senate [2022] AUSStaCSDLM 47 (10 March 2022)

• Chapter 2
• Matters of interest to the Senate

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Chapter 2

Matters of interest to the Senate

2.1 Senate standing order 23(4) requires the committee to scrutinise each instrument to determine whether the Senate's attention should be drawn to it on the ground that it raises significant issues, or otherwise gives rise to issues that are likely to be of interest to the Senate.

2.2 This chapter identifies the instruments which the committee has resolved to draw to the attention of the Senate and the relevant legislation committee under standing order 23(4), with the exception of instruments which specify significant executive expenditure, which are listed in Chapter 3.^[1]

Instrument	Purpose	Portfolio committee
List of Threatened Species Amendment (Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) (280)) Instrument 2022 [F2022L00131]	To transfer the combined koala populations of Queensland, New South Wales and the Australian Capital Territory from the Vulnerable category on the list of threatened species to the Endangered category.	Senate Environment and Communications Legislation Committee
Online Safety (Basic Online Safety Expectations) Determination 2022 [F2022L00062]	To set out basic online safety expectations for social media services, relevant electronic services and designated internet services. Providers of these services are expected to take steps to meet the expectations included in the determination. The determination specifies expectations regarding: • safe use; • the taking of reasonable steps to minimise the provision certain material and to prevent access by children to class 2 material; • reporting and complaints mechanisms; • making information on terms of use and policies accessible; • record keeping; and • dealings with the eSafety Commissioner.	Senate Environment and Communications Legislation Committee
Online Safety (Restricted Access Systems) Declaration 2022 [F2022L00032]	To specify an access-control system for 'relevant class 2 material' online by setting out the minimum requirements such a system must satisfy. Relevant class 2 material includes content that is unsuitable for a minor to see because it depicts: • realistically simulated sexual activity between adults; • high impact nudity; • high impact violence; • high impact drug use; and • high impact language. The declaration requires that an access control system must: • require an application for access to the material, and a declaration from the applicant that they are at least 18 years of age; • provide warnings as to the nature of the material; • provide safety information for parents and guardians on how to control access to the material; • incorporate reasonable steps to confirm that an applicant is at least 18 years of age; and • limit access to the content unless certain steps are complied with, including that age has been verified.	Senate Environment and Communications Legislation Committee
Telecommunications (Interception and Access) Amendment (International Production Orders) Regulations 2022 [F2022L00111]	To give effect in domestic law to the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime. The effect of designating the Agreement is to allow Australian law enforcement and national security agencies to ask communications service providers in the United States to provide content or data to investigate or prosecute serious offences in Australia, and to allow United States law enforcement and security agencies to similarly request access to content or data held by Australian-based communication service providers to investigate or prosecute crimes in the United States.	Senate Legal and Constitutional Affairs Legislation Committee

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[1] Details of all instruments which the committee has resolved to draw to the attention of the Senate under standing order 23(4) are published on the committee's website: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Scrutiny_of_Delegated_Legislation/Matters_of_interest_to_the_Senate.