New matters [2022] AUSStaCSDLM 50 (10 March 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 15 January 2022 and 18 February 2022.

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
ASIC Corporations (PDS Requirements for General Insurance Quotes) Instrument 2022/66 [F2022L00145]	Principle (l) amendment of the operation of primary legislation Principle (m) parliamentary oversight	Drawing to the attention of the Senate.
Various instruments made under the Biosecurity Act 2015 [F2022L00029] [F2022L00041] [F2022L00058] [F2022L00059] [F2022L00060] [F2022L00073] [F2022L00104] [F2022L00132] [F2022L00149]	Standing order 23(4A) exemption from disallowance	Drawing to the attention of the Senate.[2]
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 1) [F2022L00083]	Principle (j) levying of taxes in delegated legislation	Drawing to the attention of the Senate.

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
Agricultural and Veterinary Chemicals Code (Agricultural Active Constituents) Standards 2022 [F2022L00137]	Principle (a) compliance with Legislation Act 2003—incorporation	Seeking advice from the agency.
Amendment of List of Exempt Native Specimens – Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2022 [F2022L00133]	Principle (m) consideration of relevant matters	Seeking advice from the agency.
Australian Public Service Commissioner's Directions 2022 [F2022L00088]	Principle (c) delegation of administrative powers and functions Principle (i) availability of independent merits review Principle (m) legal certainty	Seeking advice from the agency.
Carbon Credits (Carbon Farming Initiative—Animal Effluent Management) Methodology Determination Variation 2022 [F2022L00053]	Principle (a) compliance with Legislation Act 2003—incorporation Principle (e) clarity of drafting Principle (f) incorporated materials freely accessible	Committee secretariat considering response.
Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022 [F2022L00046] Carbon Credits (Carbon Farming Initiative—Plantation Forestry) Methodology Determination 2022 [F2022L00047]	Principle (a) compliance with Legislation Act 2003—incorporation	Committee secretariat considering response.
CASA EX11/22 — The Corryong Paragliding Open and the Not the NZ PG Open Instrument 2022 [F2022L00134]	Principle (a) compliance with Legislation Act 2003—incorporation	Concluded following response from the agency on 22/03/2022.
Consular Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Albania and Lithuania) Determination 2022 [F2022L00105] Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Albania and Lithuania) Determination 2022 [F2022L00106]	Principle (d) adequacy of consultation Principle (k) exemption from sunsetting	Seeking advice from the agency.
Consumer Data Right (Telecommunications Sector) Designation 2022 [F2022L00068]	Principle (e) clarity of drafting	Committee secretariat considering response.
Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 [F2022L00151]	Principle (d) adequacy of consultation	Seeking advice from the agency.
Military Rehabilitation and Compensation (Special Assistance) Instrument 2022 [F2022L00122]	Principle (i) availability of independent merits review	Committee secretariat considering response.
Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment Rules 2022 [F2022L00076]	Principle (m) parliamentary oversight	Committee secretariat considering response.
Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022 [F2022L00154]	Principle (a) compliance with authorising legislation Principle (c) delegation of administrative powers and functions Principle (h) privacy	Seeking advice from the agency.
Telecommunications (Interception and Access) Amendment (International Production Orders) Regulations 2022 [F2022L00111]	Principle (d) adequacy of consultation Principle (h) procedural fairness	Seeking advice from the agency.
Therapeutic Goods (Permissible Ingredients) Determination (No. 1) 2022 [F2022L00031]	Principle (a) compliance with Legislation Act 2003—incorporation	Seeking advice from the agency.

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

[2] See Chapter 1 for further details.