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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Agency engagement [2023] AUSStaCSDLM 21 (8 February 2023)


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 1 January and 31 January 2023, the committee commenced engaging with the relevant agency via its secretariat about the following three instruments.[1]

Instrument
Statement of Principles concerning epicondylitis (Reasonable Hypothesis) (No. 5 of 2023) [F2023L00019]
Telecommunications (Interception and Access) (Staff Members of Victoria Police) Declaration 2023 [F2023L00061]
Therapeutic Goods (Poisons Standard—February 2023) Instrument 2023 [F2023L00067]

Ongoing matters

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

Instrument
Industry Research and Development (Small Business Programs) Amendment Instrument 2022 [F2022L01521]
Telecommunications (Infringement Notice Penalties) Determination 2022 [F2022L01741]

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
CASA ADCX 005/22 - Repeal of Airworthiness Directive AD/MAKILA/11 [F2022L01556]
CASA EX100/22 – Amendment of CASA EX85/21 (Miscellaneous Revisions) – Instrument 2022 [F2022L01652]
CASA EX101/22 – Amendment of CASA EX86/21 (Miscellaneous Revisions) – Instrument 2022 [F2022L01660]
CASA OAR 168/22 – Declarations and Directions in relation to Prohibited, Restricted and Danger Areas etc. – Permanent Instrument 2022 (No. 1) [F2022L01533]
CASA OAR 210/22 – Temporary Restricted Areas Etc. – Declaration, Direction and Determination (Southern Launch VS02 and VS03 Campaigns) Instrument 2022 [F2022L01631]
Civil Aviation Safety Amendment (Flight Operations—Parts 119 and 138) Regulations 2022 [F2022L01612]
Consular Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Bhutan) Determination 2022 [F2022L01462]
Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Bhutan) Determination 2022 [F2022L01467]
Financial Framework (Supplementary Powers) Amendment (Education Measures No. 2) Regulations 2022 [F2022L01455]
Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2022 [F2022L01738]

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

[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.


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