8 May 2023
PDF Version [1,047KB]
Scanlon
Williams and Daniel Greiss
Law and Bills Digest Section
Nell Fraser, Thomas Rossiter, Tanya Bulmer, Carys Fisser,
Luke Buckmaster and Ellen Weaver
Research Coordination Unit
Contents
Agriculture, Fisheries and Forestry
Attorney-General
Climate Change, Energy, the
Environment and Water
Defence
Education
Employment and Workplace Relations
Finance
Foreign Affairs and Trade
Health and Aged Care
Home Affairs
Industry, Science and Resources
Infrastructure, Transport, Regional
Development, Communications and the Arts
Prime Minister and Cabinet
Social Services
Treasury
Veterans’ Affairs
Agriculture, Fisheries and
Forestry
Agricultural and Veterinary Chemicals Code (MRL Standard)
Amendment Instrument (No. 2) 2023 [F2023L00261]
What it does:
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Other Details:
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Amends the Agricultural and
Veterinary Chemicals Code (MRL Standard) Instrument 2019 to set new and
varied maximum residue limits.
As part of its consideration in deciding whether or not to
register a chemical product, the Australian Pesticides and Veterinary
Medicines Authority (APVMA) undertakes a health and safety assessment,
including a residue risk assessment. A key outcome of these
assessments is the setting of a maximum residue limit (MRL) for a particular
chemical in relation to nominated crops and animals. An MRL is the
maximum amount of a residue which would be expected if the chemical product
was used according to its label instructions approved by the APVMA.
- ‘Residues’
is defined in section 3 of the Agricultural and
Veterinary Chemicals Code Act 1994 to include, in relation to an
active constituent for a proposed or existing chemical product or in relation
to a chemical product, ‘any remains, persisting in or on a protected
commodity’ of the active constituent or chemical product.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 18 March 2023
Made under: subsection
6(2) of the Agricultural
and Veterinary Chemicals Code Act 1994
Committee comment: none identified
Resources:
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Australian Meat and Live-stock
Industry Regulations 2023 [F2023L00241]
Small Pelagic Fishery (Overcatch
and Undercatch) Determination 2023 [F2023L00284]
What it does:
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Other Details:
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This instrument determines the amounts and percentages for
each quota species in relation to undercatch and overcatch for the 2023-24
fishing season (commencing 1 May 2023 and ending on 30 April 2024) under the Small Pelagic Fishery Management Plan 2009.
The Small Pelagic Fishery (Fishery) is the area of waters,
largely outside 3 nautical miles from the coastline, extending from the
Queensland/New South Wales border generally southerly, westerly and northerly
to latitude 31° South (near Lancelin, north of Perth).
The quota species in the Fishery are jack mackerel, blue
mackerel, redbait and Australian sardine.
Undercatch and
overcatch provides flexibility for fishers to catch a certain amount of fish
over or under their quota, and debit or credit this from or to their next
season’s fishing quota, noting that the determined weight is decremented
against their holdings the following season at twice the rate.
See the Explanatory Statement for the instrument for further
information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 21 March 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 for the purpose of subsections 10(1),
29(5) and 30(3) of the Small Pelagic
Fishery Management Plan 2009
Committee comment: none identified
Resources:
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Small Pelagic Fishery (Total
Allowable Catch) Determination 2023 [F2023L00292]
What it does:
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Other Details:
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The instrument determines the Total Allowable Catch (TAC)
(by weight) for each quota species under the Small Pelagic
Fishery Management Plan 2009 for the 2023-24 fishing season (commencing 1
May 2023 and ending on 30 April 2024).
The Fishery is the area of waters, largely outside 3
nautical miles from the coastline, extending from the Queensland/New South
Wales border generally southerly, westerly and northerly to latitude 31°
South (near Lancelin, north of Perth).
The quota species in the Fishery are jack mackerel, blue
mackerel, redbait and Australian sardine.
See the Explanatory
Statement for the instrument for further information.
See also the Small Pelagic
Fishery (Overcatch and Undercatch) Determination 2023 [F2023L00284],
discussed above.
|
Registered on Federal Register of Legislation: 20 March
2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 21 March 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991
Committee comment: none identified
Resources:
|
Southern and Eastern Scalefish and
Shark Fishery (Overcatch and Undercatch) Determination 2023 [F2023L00263]
What it does:
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Other Details:
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The instrument determines the amounts and percentages for
each of the 27 quota species in the Southern and Eastern Scalefish and Shark
Fishery in relation to undercatch and overcatch for the 2023 fishing year.
The Southern and Eastern Scalefish and Shark Fishery
covers the area of waters from approximately 80 nautical miles off the coast
near Fraser Island in Queensland, south around Tasmania and west to Cape
Leeuwin in Western Australia. The area of the Fishery encompasses almost half
of the waters within the Australian Fishing Zone.
Undercatch and overcatch provides for ‘carry over’ or
‘carry under’ of quota between fishing years thereby allowing fishers the
flexibility to catch a certain amount of fish over or under their quota, and
debit or credit this to or from their next year’s fishing quota.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed below.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 18 March 2023
Made under: paragaph
17(6)(aa) of the Fisheries
Management Act 1991
Committee comment: none identified
Resources:
|
Southern and Eastern Scalefish and
Shark Fishery (Total Allowable Catch for Non-Quota Species – Common Hagfish)
Determination 2023 [F2023L00294]
What it does:
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Other Details:
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Determines the Total Allowable
Catch (TAC) (by weight) for a non-quota species, common hagfish, Eptatretus
cirrhatus, in the Southern and Eastern Scalefish and Shark Fishery (the
Fishery) for the 2023 fishing year commencing on 1 May 2023 and ending on 30
April 2024.
The Fishery covers the area of
waters from approximately 80 nautical miles off the coast near Fraser Island
in Queensland, south around Tasmania and west to Cape Leeuwin in Western
Australia. The area of the Fishery encompasses almost half of the waters
within the Australian Fishing Zone.
Management in the Fishery is
mainly through output controls in the form of TAC limits set under the Fisheries
Management Act 1991, pursuant to the
Management Plan. Input controls are also used, which include a limit on the
number of boats that operate in each sector of the Fishery, as well as gear
restrictions such as limits on mesh size and the amount of fishing gear that
may be used.
Common hagfish has been
commercially targeted since 2015 in the Fishery by the trap method. The 2023 fishing year will be the third time a
catch limit has been set for this species. If catches reach the non-quota TAC
for the fishing year, no further fishing for common hagfish will be
permitted.
See the Explanatory
Statement for further
information.
See also:
discussed above and
discussed above.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March
2023
Tabled in Senate: 22 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 21 March 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991.
Committee comment: none identified
Resources:
|
Southern and Eastern Scalefish and
Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2023
[F2023L00287]
What it does:
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Other Details:
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The instrument determines the Total Allowable Catch (TAC) for
the 2023-2024 fishing year in the Southern and Eastern Scalefish and Shark
Fishery, for non-quota species.
The Southern and Eastern Scalefish and Shark Fishery covers
the area of waters from approximately 80 nautical miles off the coast near
Fraser Island in Queensland, south around Tasmania and west to Cape Leeuwin
in Western Australia. The area of the Fishery encompasses almost half of the
waters within the Australian Fishing Zone.
Management in the Fishery is mainly through output
controls in the form of TAC limits set under the Fisheries
Management Act 1991, pursuant to the Management Plan. Input controls
are also used, which include a limit on the number of boats that operate in
each sector of the Fishery, as well as gear restrictions such as limits on
mesh size and the amount of fishing gear that may be used.
Boarfish and orange roughy in the East Coast Deepwater
Trawl sector are two of the remaining species for which non-quota TACs are
set. The non-quota TACs for these two species acts as a trigger limit with
the main management strategy being to limit targeting of boarfish and orange
roughy in the sector.
If catches exceed the non-quota TACs for the fishing year,
the East Coast Deepwater Trawl sector will be closed to fishing.
See the Explanatory
Statement for further information.
See also:
discussed above, and
discussed below.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 21 March 2023
Made under: paragraph
17(6)(aa) of the Fisheries Management
Act 1991
Committee comment: none identified
Resources:
- ‘Southern and Eastern Scalefish
and Shark Fishery’, Australian Fisheries Management Authority
(AFMA).
- ‘Southern
and Eastern Scalefish and Shark Fishery’, Department of Agriculture,
Fisheries and Forestry, ABARES.
- Southern and Eastern
Scalefish and Shark Fishery Management Plan 2003.
- ‘The
Australian Fishing Zone’, Department of Agriculture, Fisheries and
Forestry.
- ‘Who We Are’, AFMA.
- ‘Boarfish
(Pentacerotidae)’, Wild Fisheries Research Program, NSW Government
Industry & Investment.
- ‘Orange Roughy’, AFMA.
- ‘Hoplostethus atlanticus — Orange Roughy, Deep-sea Perch,
Red Roughy’ Department of Climate Change, Energy, the Environment
and Water.
- Liv
Casben, ‘Fisheries
report finds fish stocks stable’, Mandurah Mail, 24 November
2022.
|
Southern and Eastern Scalefish and
Shark Fishery (Total Allowable Catch for Quota Species) Determination 2023 [F2023L00278]
What it does:
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Other Details:
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The instrument determines the total allowable catch (TAC)
for each quota species for the 2023–24 fishing year in the Southern and
Eastern Scalefish and Shark Fishery (the Fishery).
The Fishery covers the area of waters from approximately
80 nautical miles off the coast near Fraser Island in Queensland, south
around Tasmania and west to Cape Leeuwin in Western Australia. The area of
the Fishery encompasses almost half of the waters within the Australian
Fishing Zone.
Management in the Fishery is mainly through output
controls in the form of TAC limits set under the Fisheries
Management Act 1991, pursuant to the Management Plan. Input controls
are also used, which include a limit on the number of boats that operate in
each sector of the Fishery, as well as gear restrictions such as limits on
mesh size and the amount of fishing gear that may be used.
The instrument sets quotas in the Fishery as a whole, and
in specified parts of the Fishery, for 27 species of fish.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 21 March 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991
Committee comment: none identified
Resources:
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Western Tuna and Billfish Fishery
(Overcatch and Undercatch) Determination 2023 [F2023L00299]
What it does:
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Other Details:
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The instrument determines the amounts and percentages for
each of the four quota species applying to the Western Tuna and Billfish
Fishery in relation to undercatch and overcatch for the 2023 fishing year (commencing
on 1 February 2023 and concluding on 31 January 2024).
The Western Tuna and Billfish Fishery (WTBF) covers
the area of waters in the Australian Exclusive Economic Zone (EEZ) included
on the west coast of Australia, westward from Cape York Peninsula (142°30’E)
off Queensland to 34°S off the west coast of Western Australia. It also
extends eastward from 34°S off the west coast of Western Australia, across
the Great Australian Bight to 141°E at the South Australian/Victorian border.
The fishery also includes Australian waters outside of 12 nm off Christmas
Island and Cocos Keeling Islands. The Plan also applies to Australian boats
fishing on the high seas within the Indian Ocean Tuna Commission’s (IOTC)
Area of Competence.
Management in the WTBF has been through output controls in
the form of individually transferable quotas since the Plan was determined in
2005. The total allowable commercial catch for each quota species for
the fishing season commencing on 1 February 2023 and ending on 31 January
2024 was determined by the Western Tuna and
Billfish Fishery Total Allowable Commercial Catch Determination 2023
[F2022L01476].
Undercatch and overcatch provides for ‘carry over’ or
‘carry under’ of quota between fishing years thereby allowing fishers the
flexibility to catch a certain amount of fish over or under their quota, and
debit or credit this to or from their next year’s fishing quota.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
March 2023
Tabled in House of Representatives: 22 March 2023
Tabled in Senate: 23 March 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 22 March 2023
Made under: paragaph
17(6)(aa) of the Fisheries
Management Act 1991
Committee comment: none identified
Resources:
- ‘Western
Tuna and Billfish Fishery’, Australian Fisheries Management Authority
(AFMA).
- Western Tuna and Billfish Fishery Management Plan 2005
- ‘Western
Tuna and Billfish Fishery’, Department of Climate Change, Energy, the Environment
and Water.
- ‘The
Australian Fishing Zone’, Department of Agriculture, Fisheries and
Forestry (DAFF).
- ‘About AFMA’, AFMA.
- Indian
Ocean Tuna Commission (IOTC)’, DAFF.
- ‘Thunnus obesus (Bigeye Tuna)’, International
Union for Conservation of Nature’s (IUCN) Red List of Threatened Species.
- ‘Thunnus albacares (Yellowfin Tuna)’, IUCN Red
List of Threatened Species.
- ‘Xiphias gladius (Swordfish)’, IUCN Red List of
Threatened Species.
- ‘Kajikia audax (Striped Marlin)’, IUCN Red List
of Threatened Species.
- Daniel
Greiss and Scanlon Williams, Disallowable
Instruments Update: tabled week beginning 21 November 2022, Research
paper series, 2022– 23 (Canberra: Parliamentary Library, 2022), 13–14—see for
information on Western
Tuna and Billfish Fishery Total Allowable Commercial Catch Determination 2023
[F2022L01476].
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Attorney-General
Fair Work and Other Legislation Amendment Regulations 2023
[F2023L00293]
What it does:
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Other Details:
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The Fair Work
Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Secure
Jobs, Better Pay Act) inserted a prohibition on sexual harassment into
the Fair Work
Act 2009 to implement recommendation 28 of the Respect@Work:
Sexual Harassment National Inquiry Report 2020. The prohibition is
accompanied by a new dispute resolution function, allowing for applications
to be made to the Fair Work Commission (FWC)
and, in certain circumstances, to a Federal Court.
Paragraph
527F(3) of the Fair Work Act provides that the Regulations may
prescribe circumstances in which defence members may apply to the FWC for a
Stop Sexual Harassment Order (SSHO).
The instrument amends the Fair Work
Regulations 2009 to prescribe circumstances in which defence members may apply
to the FWC for a SSHO, and provide fee arrangements for applications to the
Federal Courts, under the new sexual harassment jurisdiction.
The instrument also make changes to infringement notice
schemes established by the Secure Jobs, Better Pay Act.
See the Explanatory
Statement for the instrument for further information.
See also Defence Amendment
(Stop Sexual Harassment Directions) Regulations 2023 [F2023L00273],
discussed below.
|
Registered on Federal Register of Legislation: 20 March
2003
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Attorney-General's; Employment and
Workplace Relations
Commencement: Division 3 of Part 1 of Schedule 1
commences on 1 April 2023. The remainder of the instrument commences on 21
March 2023.
Made under: subsections
796(1) and 527F(3)
of the Fair Work
Act 2009, section
60 of the Federal
Court of Australia Act 1976, paragraph
285(1)(a) and subsection
164(1) of the Federal Circuit
and Family Court of Australia Act 2021, and section
359 and subsection
316A(2) of the Fair
Work (Registered Organisations) Act 2009.
Committee comment: none identified
Resources:
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Climate
Change, Energy, the Environment and Water
Amendment of List of Exempt Native Specimens – Queensland
East Coast Spanish Mackerel Fishery, March 2023 [F2023L00218]
What it does:
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Other Details:
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Amends the List of Exempt
Native Specimens Instrument 2001 by deleting from the list specimens that
are or are derived from fish or invertebrates taken in the Queensland East
Coast Spanish Mackerel Fishery.
The only effect of this instrument is to no longer allow export for specimens
that are or are derived from fish or invertebrates taken in the fishery.
- Section 303DB of the Environment Protection and Biodiversity Conservation
Act 1999 provides
for the establishment of the list, which contains a catalogue of native
specimens that are exempt from the trade control provisions that apply to
regulated native specimens. Consequently, a listed specimen can be exported
without the need for export permits, subject to other prescribed conditions.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 15 March 2023
Made under: paragraph
303DC(1)(a) of the Environment
Protection and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
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Amendment of List of Exempt Native
Specimens – South Australian Lakes and Coorong Fishery, March 2023 [F2023L00225]
What it does:
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Other Details:
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The instrument amends the List of Exempt
Native Specimens Instrument 2001 to change the entry for the South
Australian Lakes and Coorong Fishery by providing that listed specimens
lawfully taken from the Fishery which are covered by the declaration of an
approved Wildlife Trade Operation are exempt from the trade control
provisions that apply to regulated native specimens.
- Section
303DB of the Environment
Protection and Biodiversity Conservation Act 1999 provides for the
establishment of the list, which contains a catalogue of native specimens
that are exempt from the trade control provisions that apply to regulated
native specimens. Consequently, a listed specimen can be exported without the
need for export permits, subject to other prescribed conditions.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16 March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 17 March 2023
Made under: paragraph
303DC(1)(a) of the Environment Protection
and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
|
Amendment of List of Exempt Native
Specimens – Western Australian West Coast Purse Seine Managed Fishery and
Development Zones, March 2023 [F2023L00303]
What it does:
|
Other Details:
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The instrument amends the List of Exempt
Native Specimens Instrument 2001by repealing and replacing the entry on
the Western Australian West Coast Purse Seine Managed Fishery and Development
Zones.
- Section
303DB of the Environment
Protection and Biodiversity Conservation Act 1999 provides for the
establishment of the list, which contains a catalogue of native specimens
that are exempt from the trade control provisions that apply to regulated
native specimens. Consequently, a listed specimen can be exported without the
need for export permits, subject to other prescribed conditions.
The only effect of this instrument is to allow continued
export for listed specimens subject to the conditions provided in the instrument.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
March 2023
Tabled in House of Representatives: 22 March 2023
Tabled in Senate: 23 March 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 22 March 2023
Made under: paragraph
303DC(1)(a) of the Environment Protection
and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
|
List of Threatened Species
Amendment (352) Instrument 2023 [F2023L00219]
What it does:
|
Other Details:
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Amends the Declaration under
s178, s181, and s183 of the Environment Protection and Biodiversity
Conservation Act 1999 - List of threatened species, List of threatened
ecological communities and List of threatening processes by correcting
and updating the scientific name of a listed threatened species.
Subsection
178(1) of the Environment
Protection and Biodiversity Conservation Act 1999 (the Act)
provides that the Minister must, by legislative instrument, establish a list
of threatened species separated into the following categories: Extinct,
Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and
Conservation Dependent. The listed name of Marsdenia araujacea is
changed by this instrument to Leichhardtia
araujacea. The name change results from:
- taxonomic
revisions that have not altered the concept or description of the species;
- formal
publication of species descriptions; and
- correction
of species names.
See the
Explanatory Statement for the instrument for further information.
See also List of Threatened
Species Amendment (353) Instrument 2023 [F2023L00220], discussed below.
|
Registered on Federal Register of Legislation: 14
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 15 March 2023
Made under: paragraph
184(d) of the Environment
Protection and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
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List of Threatened Species
Amendment (353) Instrument 2023 [F2023L00220]
List of Threatened Species
Amendment (354) Instrument 2022 [F2023L00269]
What it does:
|
Other Details:
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The purpose of this instrument is to amend the list of
threatened species, established under the Environment Protection and Biodiversity Conservation
Act 1999 (EPBC Act) by:
Persoonia
oxycoccoides. Subsection
178(1) of the Environment
Protection and Biodiversity Conservation Act 1999 (the Act)
provides that the Minister must, by legislative instrument, establish a list
of threatened species separated into the following categories: Extinct,
Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and
Conservation Dependent.
A native species is eligible to be included in the Critically
Endangered category if it is facing an extremely high risk of
extinction in the wild in the immediate future, as determined in accordance
with the prescribed criteria under the EPBC Act.
A native species is eligible to be included in the Endangered
category if it is not critically endangered and it is facing a very high risk
of extinction in the wild in the near future, as determined in accordance
with the prescribed criteria under the EPBC Act.
|
Registered on Federal Register of Legislation: 19
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 20 March 2023
Made under: section
184 of the Environment
Protection and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
|
List of Threatened Species
Amendment (358) Instrument 2023 [F2023L00215]
What it does:
|
Other Details:
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The instrument amends the Declaration under
s178, s181, and s183 of the Environment Protection and Biodiversity
Conservation Act 1999 - List of threatened species, List of threatened
ecological communities and List of threatening processes by including litoria daviesae
(Davies’ Tree Frog) and philoria sphagnicola (the Sphagnum frog)
in the Vulnerable category.
Litoria
daviesae and philoria
sphagnicola are threatened by habitat loss, degradation and
fragmentation, changes in fire regimes, climate change, disease, invasive
fauna, predation and weeds.
A native species is eligible to be included in the Vulnerable
category if it is not critically endangered and it is facing a very high risk
of extinction in the wild in the near future, as determined in accordance
with the prescribed criteria under the EPBC Act.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 15 March 2023
Made under: section
184 of the Environment Protection
and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
|
List of Threatened Species
Amendment (360) Instrument 2022 [F2023L00270]
What it does:
|
Other Details:
|
The purpose of this instrument is to amend the list of
threatened species established under the Environment Protection and Biodiversity Conservation
Act 1999 (EPBC Act) by inserting the following
species in the Critically Endangered Category:
Subsection
178(1) of the Environment
Protection and Biodiversity Conservation Act 1999 (the Act)
provides that the Minister must, by legislative instrument, establish a list
of threatened species separated into the following categories: Extinct,
Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and
Conservation Dependent.
A native species is eligible to be included in the Critically
Endangered category if it is facing an extremely high risk of
extinction in the wild in the immediate future, as determined in accordance
with the prescribed criteria under the EPBC Act.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 19
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 20 March 2023
Made under: section
184 of the Environment Protection
and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
|
List of Threatened Species
Amendment (362) Instrument 2023 [F2023L00216]
List of Threatened Species
Amendment (363) Instrument 2023 [F2023L00217]
What it does:
|
Other Details:
|
Amends the Declaration under
s178, s181, and s183 of the Environment Protection and Biodiversity
Conservation Act 1999 - List of threatened species, List of threatened
ecological communities and List of threatening processes by :
Subsection
178(1) of the Environment
Protection and Biodiversity Conservation Act 1999 (the Act)
provides that the Minister must, by legislative instrument, establish a list
of threatened species separated into the following categories: Extinct,
Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and
Conservation Dependent.
A native species is eligible to be included in the Endangered
category if it is not critically endangered and it is facing a very high risk
of extinction in the wild in the near future, as determined in accordance
with the prescribed criteria under the EPBC Act.
See the Explanatory
Statement for the instrument for further information.
See also List of Threatened
Species Amendment (362) Instrument 2023 [F2023L00216], discussed above.
|
Registered on Federal Register of Legislation: 14
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 15 March 2023
Made under: section
184 of the Environment
Protection and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
- ‘Threatened
species under the EPBC Act’, Department of Climate Change, Energy, the
Environment and Water (DCCEEW).
- ‘EPBC
Act List of Threatened Fauna’, Department of Climate Change, Energy, the
Environment and Water.
- ‘Manning
River Helmeted Turtle, Purvis' Turtle - profile’, NSW Environment, Energy
and Science.
- ‘Western
Sawshelled Turtle, Bell's Turtle - profile’, NSW Environment, Energy and
Science.
- ‘Myuchelys bellii
(Bell's Sawshelled Turtle)’, International Union for the Conservation of
Nature (IUCN) Red List of Threatened Species.
|
Back to top
Defence
Defence Amendment (Stop Sexual
Harassment Directions) Regulations 2023 [F2023L00273]
Defence (Individual benefits)
Determination 2023 (No. 2) [F2023L00210]
What it does:
|
Other Details:
|
The purpose of the instrument is to provide a payout for
recreation leave credits accrued by an identified member of the Australian
Defence Force due to exceptional circumstances.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 10
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Defence
Commencement: 11 March 2023
Made under: section
58B of the Defence
Act 1903
Committee comment: none identified
Resources:
|
Back to top
Education
No instruments tabled in the
relevant period.
Back to top
Employment and Workplace
Relations
Safety, Rehabilitation and
Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent
Impairment Edition 3.0 [F2023L00203]
What it does:
|
Other Details:
|
The instrument sets out criteria and methods to determine
the degree (as expressed as a percentage) of:
- a
permanent impairment of an employee resulting from an injury
- non-economic
loss suffered by an employee as a result of an injury or impairment
relating to a claim for compensation under the Safety,
Rehabilitation and Compensation Act 1988 (SRC Act).
The instrument also repeals the Safety, Rehabilitation
and Compensation Act 1988 – Guide to the Assessment of the Degree of
Permanent Impairment Edition 2.1
The SRC Act establishes the workers’ compensation
and rehabilitation scheme for employees of the Commonwealth (administered by
Comcare), Commonwealth authorities and licensed corporations. The SRC Act
provides for the payment of lump sum compensation for permanent impairment
and non-economic loss.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023
Tabled in House of Representatives: 9 March
2023
Tabled in Senate: 20 March 2023
Administered by: Employment and Workplace Relations
Commencement: 1 April 2023
Made under: section
28 of the Safety, Rehabilitation
and Compensation Act 1988
Committee comment: none identified
Resources:
|
Seafarers Rehabilitation and
Compensation Act 1992 – Guide to the Assessment of the Degree of Permanent
Impairment Edition 3.0 [F2023L00223]
Back to top
Finance
Financial Framework (Supplementary
Powers) Amendment (Climate Change, Energy, the Environment and Water Measures
No. 1) Regulations 2023 [F2023L00276]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on certain activities administered by
the Department of Climate Change, Energy, the Environment and
Water.
Funding is provided for the:
- Carbon
Farming Outreach Program, which will provide funding for the development
and delivery of training, advice and tools to support farmers and land
managers to engage in carbon markets and adopt low emission technologies and
practices in the agriculture and land management sectors ($20.3
million over four years from
2022-23) - delivering
the Basin Plan Program,
which will fund the recovery of environmental water from the Murray-Darling
Basin water resources through the purchase of water access entitlements and
grants to organisations to purchase land and water parcels (financial
implications for this program are not for publication due to commercial‑in‑confidence
sensitivities)
- provision
of energy efficiency grants to support small and medium‑sized
enterprises to improve energy efficiency and reduce energy costs, including
by upgrading or replacing equipment with new lower‑emissions
technologies ($59.9 million over three years from 2022-23)
- Landcare
Rangers Program to support the employment and upskilling of landcare rangers
and establish and support landcare facilitators ($90 million over five years
from 2022-23).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Finance
Commencement: 21 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Education Measures No. 1) Regulations 2023 [F2023L00233]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority to:
- spend
up to $25.9 million over two years from 2022–23 to support the City-Country
Partnerships Program to facilitate high-performing metropolitan schools
engaging in partnerships with remote schools to improve educational outcomes
of Aboriginal and Torres Strait Islander students in remote schools
- provide
$10.9 million over seven years from 2023–24 for the Commonwealth Regional
Scholarship Program to support students from regional and remote Australia to
attend boarding school or live at a boarding facility while attending school
- provide
$83.5 million over six years from 2022–23 for the Consent and Respectful
Relationships Education initiative to fund the delivery of consent and
respectful relationships education in schools.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Finance
Commencement: 17 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Employment and Workplace Relations Measures No. 1)
Regulations 2023 [F2023L00237]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority to spend $5.1 million over three years from 2023–24 to provide
support to selected representative employers’ and workers’ organisations to
improve engagement in Commonwealth workplace law reform processes.
This implements an outcome of the 2022 Jobs and
Skills Summit.
The organisations that are eligible to apply for a grant
are:
- Australian
Council of Trade Unions
- Australian
Chamber of Commerce and Industry
- Australian
Industry Group
- Business
Council of Australia
- Council
of Small Business Organisations Australia.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Finance
Commencement: 18 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Foreign Affairs and Trade Measures No. 1) Regulations 2023 [F2023L00229]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority to provide:
- financial
support over four years from 2022–23 to assist up to 1,000 citizens of
Vietnam to take up temporary seasonal and non‑seasonal work
opportunities in, or in relation to, primary industries in Australia
- $11.4
million in funding over four years from 2022–23 for the Pacific Engagement
Visa to support ongoing consultations with partner governments, monitoring
and evaluation, and to engage an external service provider to support
citizens of Pacific Island countries and Timor‑Leste
and members of their immediate family to find employment and settle in
Australia.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Finance
Commencement: 17 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
- ‘Pacific Engagement
Visa’, Department of Foreign Affairs and Trade.
- Penny
Wong (Minister for Foreign Affairs), ‘Pacific
Engagement Visa: Strengthening ties with the Pacific family’, media
release, 16 February 2023.
- ‘Vietnam Signs onto
the Australian Agriculture Visa program’, Australian Embassy
Vietnam.
- Marise
Payne (Minister for Foreign Affairs, Minister for Women), ‘Vietnam
joins the Australian Agriculture Visa Program’, media release, 28 March
2022.
- Akka
Rimon, et al, ‘Answers
needed on the Pacific Engagement Visa’, The Interpreter (blog), 27
February 2023.
- ‘Australia
to receive agricultural workers from Vietnam’, Asia News Network,
29 March 2022.
|
Financial Framework (Supplementary
Powers) Amendment (Home Affairs Measures No. 1) Regulations 2023 [F2023L00243]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on the Status Resolution and Support
Services (SRSS).
The SRSS is an existing program established in 2015 to
provide targeted support to eligible individuals while they resolve their
immigration status.
Following the High Court decision in Love
v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152, a special
purpose visa (SPV) was granted to certain individuals who are not Australian
citizens and who claim to be an Aboriginal or Torres Strait Islander person
(the Love and Thoms cohort).
SPV holders are not able to access government entitlements
or services, with the exception of Medicare. Legislative authority provided
by the instrument would enable the Love and Thoms cohort to have
access to some services under the SRSS.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Finance
Commencement: 18 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Industry, Science and Resources Measures No. 1) Regulations
2023 [F2023L00285]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (Principal Regulations) to
establish legislative authority for government spending on the Protecting Australia’s National Interest in
Critical and Emerging Technologies program.
The Financial
Framework (Supplementary Powers) Act 1997
confers on the Commonwealth certain powers to make arrangements to spend
money, make financial grants or be involved in companies. The arrangements,
grants, programs and companies for which money can be spent are specified in
the Principal Regulations.
Funding will be provided over four years from 2022-2023 to
deliver the following three elements of the program:
- International
Critical Technology Standards Partnerships Plan – to build and strengthen
partnerships with our international counterparts so that Australia can engage
more effectively in international standards forums
- Early
Warning System – to assist government to identify and track relevant
developments in international standard-setting organisations
- Business
Standards Development Capability Program – to enhance the ability of peak
bodies and technical experts to participate in the development of
international critical and emerging technology standards.
See the Explanatory
Statement for further information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Finance
Commencement: 21 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Infrastructure, Transport, Regional Development,
Communications and the Arts Measures No. 1) Regulations 2023 [F2023L00244]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (Principal Regulations) to
establish legislative authority for government spending on the Hobart
International Airport to contribute towards meeting the costs of an upgrade
of the runway and associated airfield works.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or
be involved in companies. The arrangements, grants, programs and
companies for which money can be spent are specified in the Principal
Regulations.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Finance
Commencement: 18 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Social Services Measures No. 1) Regulations 2023 [F2023L00227]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on an activity
administered by the Department of Social Services.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or
be involved in companies. The arrangements, grants, programs and
companies for which money can be spent are specified in the Principal
Regulations.
The instrument amends the Principal Regulations to provide
funding of up to $300,00 in 2022–23 and up to $700,000 in 2023–24 for:
- national
and local activities to commemorate the tenth anniversary of the National
Apology for Forced Adoptions
- the
development and publication of online resources to complement those
activities, and to serve as a commemorative and educational resource
- the
development and publication of online training modules to help providers of
support services and aged care to address the needs of people affected by
past forced adoption practices.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Finance
Commencement: 17 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Veterans’ Affairs Measures No. 1) Regulations 2023 [F2023L00291]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on certain activities administered by the
Department of Veterans’ Affairs.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or
be involved in companies. The arrangements, grants, programs and
companies for which money can be spent are specified in the Principal
Regulations.
Funding is provided for the:
- Additional
Employment Support for Veterans program to provide greater support to
Australian Defence Force personnel as they transition to civilian life by
funding measures to help veterans and other former defence force members find
employment ($24 million over four years from 2022-23) and
- Grants-in-Aid
program to support the role of national ex-service organisations which
provide coordinating and representational support within the veteran and
Defence community (ongoing $145,000 per year).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Finance
Commencement: 21 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Back to top
Foreign Affairs and Trade
Autonomous Sanctions (Designated
Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 3)
Instrument 2023 [F2023L00272]
What it does:
|
Other Details:
|
This instrument amends the Autonomous Sanctions
(Designated Persons and Entities and Declared Persons – Russia and Ukraine)
List 2014 to list an additional 13 persons and one entity for
targeted financial sanctions and travel bans. These persons and entity have
been involved in the supply of Iranian Unmanned Aerial Vehicles to Russia for
use in its war against Ukraine.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 19
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Foreign Affairs and Trade
Commencement: 20 March 2023
Made under: paragraphs
6(a) and (b) of the Autonomous Sanctions
Regulations 2011
Committee comment: none identified
Resources:
- ‘Sanctions
regimes’, Department of Foreign Affairs and Trade.
- Leah
Ferris, Australian
sanctions law, Quick Guide, (Canberra: Parliamentary Library, 24 August
2022).
- ‘Snapshot:
Russia/Ukraine sanctions regimes’, Department of Foreign Affairs and
Trade.
- Leah
Ferris, ‘Sanctions
imposed on Russia in response to aggression against Ukraine - how are they
imposed under Australia's sanctions laws?’, Flag Post (blog),
Parliamentary Library, 28 February 2022.
|
Autonomous Sanctions (Designated
Persons and Entities and Declared Persons—Thematic Sanctions) Amendment (No. 2)
Instrument 2023 [F2023L00271]
What it does:
|
Other Details:
|
This instrument amends the Autonomous Sanctions
(Designated Persons and Entities and Declared Persons—Thematic Sanctions)
Instrument 2022 to list an additional 14 persons and 14 entities for
targeted financial sanctions and travel bans. The listings cover serious
violations or serious abuses of the right to life and the right not to be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment. These relate to the oppression of women in enforcing the Islamic
dress code and violent suppression of peaceful protests in Iran.
The purpose of a designation is to subject the designated
person or entity to targeted financial sanctions. The purpose of a
declaration is to prevent a person from travelling to, entering or remaining
in Australia.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 19
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Foreign Affairs and Trade
Commencement: 20 March 2023
Made under: regulation
6A of the Autonomous Sanctions
Regulations 2011
Committee comment: none identified
Resources:
|
Back to top
Health and Aged Care
Aged Care Legislative Amendment
(March Indexation) Instrument 2023 [F2023L00236]
What it does:
|
Other Details:
|
The instrument amends the Aged Care (Subsidy,
Fees and Payments) Determination 2014, the Aged Care
(Transitional Provisions) (Subsidy and Other Measures) Determination 2014
and the Aged Care
(Transitional Provisions) Principles 2014 to increase the dollar amount
of certain accommodation-related supplements payable to approved providers of
aged care services, and increases the value of a number of caps and
thresholds that apply to aged care.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Health and Aged Care
Commencement: 20 March 2023
Made under: subsections
44-5(3), 44-21(7),
44-21(8),
44-22(3),
44-26B(1),
44-28(4),
44-28(5),
48-7(2),
48-7(6),
48-7(7),
48-7(8)
and paragraph
52D-3(a) of the Aged Care Act
1997; subsections
44-5A(3), 44-5A(4),
44-6(4),
44-6(5),
44-16(3)
and 44-28(7)
of the Aged
Care (Transitional Provisions) Act 1997
Committee comment: none identified
Resources:
- Rebecca
Storen, Aged
care: a quick guide, Research paper series, 2021-22, (Canberra:
Parliamentary Library, 30 April 2021).
|
National Health (Pharmaceutical
Benefits) (Pharmacist Substitution of Medicines without Prescription during
Shortages) Amendment (No. 1) Determination 2023 [F2023L00235]
Private Health Insurance
Legislation Amendment Rules (No. 2) 2023 [F2023L00252]
What it does:
|
Other Details:
|
The instrument amends:
- the
Private Health
Insurance (Complying Product) Rules 2015 to update the daily patient contribution payable by
nursing-home type patients (NHTPs) for hospital accommodation in private
hospitals nationally and in public hospitals in all state and territory
jurisdictions except for public hospitals in the Australian Capital Territory
- the
Private Health
Insurance (Benefit Requirements) Rules 2011.to update the minimum benefits payable by private health
insurers per night for NHTP at private hospitals nationally and at public
hospitals except for the Australian Capital Territory, South Australia and
Victoria.
- A NHTP, in relation to a
hospital, means a patient in the hospital who has been provided with
accommodation and nursing care, as an end in itself, for a continuous period
exceeding 35 days. Because NHTP are not accommodated for the
purpose of receiving hospital level treatment, charges for their
accommodation and nursing vary to that for overnight or same-day patients
receiving hospital treatment.
The amendments
in the instrument are administrative in nature and do not substantively alter
existing arrangements established under the Private Health
Insurance Act 2007.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Health and Aged care
Commencement: 20 March 2023
Made under: subsection
333-20(1) of the Private Health
Insurance Act 2007
Committee comment: none identified
Resources:
|
Private Health Insurance
Legislation Amendment Rules (No. 3) 2023 [F2023L00232]
Therapeutic Goods (Serious Scarcity
and Substitutable Medicine) (Warfarin) Instrument 2023 [F2023L00231]
What it does:
|
Other Details:
|
The instrument declares that there is a serious scarcity
across Australia of COUMADIN 5 milligram tablet that contains the active
ingredient warfarin sodium, and specifies the substitutable medicines that
pharmacists are permitted to dispense in substitution in specified circumstances.
Medicines containing warfarin sodium are anticoagulants
and are prescribed to patients to treat and prevent the formation of blood
clots, such as those that cause stroke, heart attack, pulmonary embolism and
deep-vein thrombosis.
The instrument only permits pharmacists to substitute
either five COUMADIN warfarin sodium 1 milligram tablets, or two and a half
COUMADIN warfarin sodium 2 milligram tablets, for one tablet of the scarce
medicine. The instrument does not permit pharmacists to substitute a
combination of 1 milligram and 2 milligram tablets.
See the Explanatory
Statement for the instrument for further information.
See also National Health
(Pharmaceutical Benefits) (Pharmacist Substitution of Medicines without
Prescription during Shortages) Amendment (No. 1) Determination 2023
[F2023L00235], discussed above.
|
Registered on Federal Register of Legislation: 16
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Health and Aged Care
Commencement: 17 March 2023
Made under: section
30EK of the Therapeutic Goods
Act 1989
Committee comment: none identified
Resources:
- ‘PBS
subsidy arrangements for warfarin SSSI’, Pharmaceutical Benefits Scheme.
- ‘Serious
Scarcity Substitution Instruments (SSSIs)’, Therapeutic Goods
Administration.
- ‘Substitution
instrument to address shortage of COUMADIN warfarin 5mg tablets’,
Therapeutic Goods Administration.
- Melanie
Conn, ‘Therapeutic
Goods Amendment (2020 Measures No. 2) Bill 2020’, Bills Digest,
45, 2020–21, (Canberra: Parliamentary Library, 2021).
- ‘Warfarin
and how to take it’, NPS MedicineWise.
|
Back to top
Home Affairs
No instruments tabled in the relevant period.
Back to top
Industry, Science and
Resources
No instruments tabled in the relevant period.
Back to top
Infrastructure, Transport,
Regional Development, Communications and the Arts
2023 Section 11 exemption for
voyages between Christmas Island and Australian states and territories [F2023L00298]
What it does:
|
Other Details:
|
The instrument provides exemption from the Coastal Trading
(Revitalising Australian Shipping) Act 2012 (the Coastal
Trading Act) to vessels undertaking any voyage for the carriage of
cargo or passengers between the Christmas Island and any port in the
Commonwealth or in the Territories.
This exemption does not apply to vessels undertaking any
voyage in the course of which a vessel takes on cargo or passengers from any
port in the Commonwealth or in the Territories other than a port in Christmas
Island for unloading or disembarking at another such port.
Using a vessel to engage in coastal trading without a
licence may lead to a pecuniary penalty for the contravention of a civil
penalty provision. Section 11 of
the Coastal Trading Act allows the Minister to direct that the Coastal
Trading Act does not apply to a vessel or class of vessels; or to a
person or class of persons.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
March 2023
Tabled in House of Representatives: 22 March 2023
Tabled in Senate: 23 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 8 April 2023
Made under: section
11 of the Coastal
Trading (Revitalising Australian Shipping) Act 2012
Committee comment: none identified
Resources:
- ‘Coastal
trading’, Department of Infrastructure, Transport, Regional Development, Communications
and the Arts.
|
2023 Section 11 exemption for
voyages between the Cocos (Keeling) Islands and Australian states and
territories [F2023L00296]
What it does:
|
Other Details:
|
The instrument provides exemption from the Coastal Trading
(Revitalising Australian Shipping) Act 2012 (the Coastal
Trading Act) to vessels undertaking any voyage for the carriage of
cargo or passengers between the Cocos (Keeling) Islands and any port in the
Commonwealth or in the Territories.
This exemption does not apply to vessels undertaking any
voyage in the course of which a vessel takes on cargo or passengers from any
port in the Commonwealth or in the Territories other than a port in the Cocos
(Keeling) Islands for unloading or disembarking at another such port.
Using a vessel to engage in coastal trading without a licence
may lead to a pecuniary penalty for the contravention of a civil penalty
provision. Section 11 of the Coastal
Trading Act allows the Minister to direct that the Coastal Trading Act
does not apply to a vessel or class of vessels; or to a person or class of
persons.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
March 2023
Tabled in House of Representatives: 22 March 2023
Tabled in Senate: 23 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 8 April 2023
Made under: section
11 of the Coastal
Trading (Revitalising Australian Shipping) Act 2012
Committee comment: none identified
Resources:
- ‘Coastal
trading’, Department of Infrastructure, Transport, Regional Development,
Communications and the Arts.
|
2023 Section 11 exemption for
voyages between Norfolk Island and Australian states and territories [F2023L00297]
What it does:
|
Other Details:
|
The instrument provides exemption from the Coastal Trading
(Revitalising Australian Shipping) Act 2012 (the Coastal
Trading Act) to vessels undertaking any voyage for the carriage of
cargo or passengers between the Norfolk Island and any port in the
Commonwealth or in the Territories.
This exemption does not apply to vessels undertaking any
voyage in the course of which a vessel takes on cargo or passengers from any
port in the Commonwealth or in the Territories other than a port in Norfolk
Island for unloading or disembarking at another such port.
Using a vessel to engage in coastal trading without a
licence may lead to a pecuniary penalty for the contravention of a civil
penalty provision. Section 11 of
the Coastal Trading Act allows the Minister to direct that the Coastal
Trading Act does not apply to a vessel or class of vessels; or to a
person or class of persons.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
March 2023
Tabled in House of Representatives: 22 March 2023
Tabled in Senate: 23 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 8 April 2023
Made under: section
11 of the Coastal
Trading (Revitalising Australian Shipping) Act 2012
Committee comment: none identified
Resources:
- ‘Coastal
trading’, Department of Infrastructure, Transport, Regional Development,
Communications and the Arts.
|
Public Lending Right Scheme
(Electronic Books and Audiobooks) Modification 2023 [F2023L00204]
What it does:
|
Other Details:
|
The instrument modifies the Public Lending Right
Scheme 2016 (the PLR Scheme) to allow eligible creators and publishers of
electronic books and audiobooks access to the same lending right available to
eligible creators and publishers of physical books.
The instrument achieves this by, among other things,
amending the definition of ‘book’ contained in the PLR Scheme to include
electronic books and audiobooks.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023
Tabled in House of Representatives: 9 March
2023
Tabled in Senate: 20 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 9 March 2023
Made under: paragraph
5(1)(b) of the Public Lending
Right Act 1985
Committee comment: none identified
Resources:
|
Radiocommunications (Australian
Radio Quiet Zone Western Australia) Frequency Band Plan 2023 [F2023L00286]
What it does:
|
Other Details:
|
The instrument replaces the Radiocommunications
(Mid-West Radio Quiet Zone) Frequency Band Plan 2011 for the radio
quiet zone in the Mid-West region of Western Australia.
- Specifically,
the instrument defines a radio quiet zone to prevent harmful interference to
radioastronomy services.
See the Explanatory
Statement for further information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 April 2023
Made under: subsection
32(1) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications (Exemption –
Bomb Disposal Electronic Counter Measures) Determination 2023 [F2023L00211]
What it does:
|
Other Details:
|
The instrument provides for a new exemption to ensure that
the functions and duties of police forces are not interrupted by the repeal
of the Radiocommunications
(Prohibited Devices) (Use of Electronic Counter Measures for Bomb Disposal
Activities) Exemption Determination 2010, which was due to sunset on 1
April 2023.
The instrument provides, among other things, an exemption
for members of the Australian Federal Police and of the various state
and territory police forces from particular provisions of the Radiocommunications
Act 1992 (the Act) in relation to the use of electronic counter
measure devices, which might otherwise contravene the Act. An electronic
counter measure device is a device that is designed to interfere with,
disrupt, distort or disturb radiocommunications to counteract threats from
improvised explosive devices.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 10
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 11 March 2023
Made under: subsection
27(2) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications (Exemptions)
Amendment Determination 2023 (No. 1) [F2023L00212]
Radiocommunications (Exemption -
Visiting Dignitaries) Determination 2023 [F2023L00213]
What it does:
|
Other Details:
|
The purpose of the instrument is to facilitate use and
importation of electronic counter measures associated with the security of a
visiting dignitary whilst in Australia by the Australian Federal Police, the
various state and territory police forces, or other people performing
relevant defence, security or international relations functions.
The instrument facilitates use and importation of these
devices by providing exemptions from Parts
3.1 (unlicenced radiocommunications), 4.1
(equipment) and 4.2
(offences relating to radio emission) of the Radiocommunications
Act 1992.
Electronic counter measures are measures designed to
interfere with, disrupt, distort or disturb radiocommunications. They can be
used to defeat or mitigate certain types of attacks, such as by explosive
devices triggered by mobile handsets.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 10
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 11 March 2023
Made under: subsection
27(2) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications (Jamming
Equipment) Permanent Ban 2023 [F2023L00214]
What it does:
|
Other Details:
|
The instrument revokes and replaces the Radiocommunications
(Prohibition of PMTS Jamming Devices) Declaration 2011 and the Radiocommunications
(Prohibited Device) (RNSS Jamming Devices) Declaration 2014 with a new
permanent ban on the same equipment, and imposes a new ban on an additional
type of jamming equipment (Radio Local Area Network (RLAN) and remotely
piloted aircraft systems (RPAS) jamming equipment).
PMTS (public mobile telecommunications service) jamming
equipment refers to equipment that is designed to:
- have
an adverse effect on radiocommunications and capable of operating within a
PMTS frequency band, or
- block
radio emissions between a base station used to provide a public mobile
telecommunications service and a mobile station.
RNSS (radionavigation-satellite service) jamming equipment
is equipment that is designed to:
- have
an adverse effect on radiocommunications and is capable of operating within
an RNSS frequency band, or
- block
radio emissions between an RNSS transmitter and an RNSS receiver.
RLAN and RPAS jamming equipment is equipment that is:
- capable
of operating within an RLAN and RPAS frequency band, and
- designed
to have an adverse effect on radiocommunications, or block radio emissions
between two or more RLAN devices or two or more RPAS devices.
See the Explanatory
Statement for the instrument for further information.
See also the Radiocommunications
(Exemptions) Amendment Determination 2023 (No. 1) [F2023L00212],
discussed above.
|
Registered on Federal Register of Legislation: 10
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 11 March 2023
Made under: subsection
172(1) and section 174
of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications Advisory
Guidelines (Managing Interference from Spectrum Licensed Transmitters – 700 MHz
Band) 2023 [F2023L00248]
What it does:
|
Other Details:
|
The instrument repeals and remakes the Radiocommunications
Advisory Guidelines (Managing Interference from Transmitters – 700 MHz Band)
2012 to provide guidance to assist in managing the potential for
interference to particular radiocommunications receivers, operating under
apparatus or class licences, from interference caused by radiocommunications
transmitters operating under spectrum licences in the 700 MHz band (700 MHz
transmitters), where the 700 MHz transmitters operate in adjacent geographic
areas, or adjacent frequency bands, to those receivers.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed below.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 18 March 2023
Made under: section
262 of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications Advisory
Guidelines (Managing Interference from Spectrum Licensed Transmitters – 1800
MHz Band) 2023 [F2023L00274]
What it does:
|
Other Details:
|
The purpose of the instrument is to provide guidance to
assist in managing the potential for interference to particular
radiocommunications receivers, operating under apparatus or class licences,
from interference caused by radiocommunications transmitters operating under
spectrum licences in the 1800 MHz band (1800 MHz transmitters), where the
1800 MHz transmitters operate in adjacent geographic areas, or adjacent
frequency bands, to those receivers. The instrument also provides guidance on
managing interference across the geographic areas of spectrum licences issued
in the 1800 MHz band.
The ACMA will also take the instrument into account when
determining whether a spectrum licensee is causing interference to a licensed
radiocommunications receiver that is operating in accordance with its licence
conditions.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed below.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 March 2023
Made under: section
262 of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications Advisory
Guidelines (Managing Interference from Spectrum Licensed Transmitters - 2.5 GHz
Band) 2023 [F2023L00283]
What it does:
|
Other Details:
|
This instrument has been made to provide guidance on the
management of interference from radiocommunications transmitters operated
under a 2.5 GHz spectrum licence.
The Australian Communications and Media Authority (ACMA)
may take this instrument into account in determining whether a
radiocommunications transmitter operated under a 2.5 GHz spectrum licence is
causing interference to an apparatus licensed or class licensed
radiocommunications receiver.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed below.
|
Registered on Federal
Register of Legislation: 20 March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Infrastructure,
Transport, Regional Development and the Arts
Commencement: 21
March 2023
Made under: section
262 of the Radio
Communications Act 1992
Committee comment: none
identified
Resources:
|
Radiocommunications Advisory
Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2.5 GHz
Mid Band Gap) 2023 [F2023L00228]
Radiocommunications Advisory
Guidelines (Managing Interference to Spectrum Licensed Receivers –700 MHz Band)
2023 [F2023L00289]
What it does:
|
Other Details:
|
The Radiocommunications
Act 1992 (the Act) provides a number of means by which the Australian
Communications and Media Authority (ACMA) may manage interference resulting
from the operation of a radiocommunications transmitter under a spectrum
license, including the ability to make advisory guidelines under section
262 of the Act, and the ability to determine an unacceptable level of
interference under section
145 of the Act.
A spectrum license permits a licensee, subject to
specified conditions, to operate radiocommunications devices within a
particular spectrum space, defined by a frequency band and a geographic area.
Interference occurring between adjacent spectrum licences
consists of in-band interference, across the geographic boundaries, and
out-of-band interference, across the frequency boundaries.
The instrument repeals and replaces the Radiocommunications
Advisory Guidelines (Managing Interference to Receivers – 700 MHz Band) 2012.
The purpose of the instrument is to provide guidance to
assist in managing the potential for interference to radiocommunications
receivers, operating under a spectrum licence in the 700MHz band.
The Act does not prescribe any consequences for failing to
comply with the instrument.
See the Explanatory
Statement for further information.
See also:
discussed above, and
discussed above.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 March 2023
Made under: section
262 of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications Advisory Guidelines
(Managing Interference to Spectrum Licensed Receivers – 1800 MHz Band) 2023 [F2023L00242]
Radiocommunications Advisory Guidelines
(Managing Interference to Spectrum Licensed Receivers – 2.5 GHz Band) 2023 [F2023L00240]
Radiocommunications Advisory
Guidelines (Managing Interference to Spectrum Licensed Receivers – 2.5 GHz Mid
Band Gap) 2023 [F2023L00234]
Radiocommunications Regulations
2023 [F2023L00260]
What it does:
|
Other Details:
|
The instrument repeals and remakes the Radiocommunications
Regulations 1993 and updates provisions addressing evidentiary
certificates, emergency powers and the offence of substantially interfering
with radiocommunications by emergency organisations.
See the Explanatory
Statement for the instrument for further
information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 18 March 2023
Made under: section
314 of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications Taxes
Collection Regulations 2023 [F2023L00238]
What it does:
|
Other Details:
|
The instrument repeals and remakes the Radiocommunications
Taxes Collection Regulations 1985.
The instrument updates provisions that address
organisation titles, cancelled licence tax refunds and refund of tax paid
annually.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 18 March 2023
Made under: section
11 of the Radiocommunications
Taxes Collection Act 1983
Committee comment: none identified
Resources:
|
Radiocommunications (Unacceptable
Levels of Interference - 700 MHz Band) Determination 2023 [F2023L00277]
What it does:
|
Other Details:
|
Under subsection
145(1) of the Radiocommunications
Act 1992, the Australian Communications and Media Authority (ACMA)
may, if it is satisfied that the operation of a radiocommunications
transmitter could cause an unacceptable level of interference to other
radiocommunications devices, refuse to register the transmitter. The instrument
sets out what is meant by an ‘unacceptable level of interference’ in relation
to a radiocommunications transmitter operated under a spectrum licence issued
in the 700 MHz band. The instrument only applies in relation to 700 MHz
band spectrum licensees.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 March 2023
Made under: subsection
145(4) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications (Unacceptable
Levels of Interference – 1800 MHz Band) Determination 2023 [F2023L00245]
Radiocommunications (Unacceptable
Levels of Interference – 2.5 GHz Band) Determination 2023 [F2023L00239]
What it does:
|
Other Details:
|
The instrument aims to ensure that high levels of emission
from radiocommunications transmitters operated under a spectrum licence
issued in the 2.5 GHz band do not cause an unacceptable level of interference
to radiocommunications.
A spectrum licence permits a licensee, subject to
specified conditions, to operate radiocommunications devices within a
particular spectrum space, defined by a frequency band and a geographic area.
The instrument sets out what is meant by an ‘unacceptable
level of interference’ in relation to a radiocommunications transmitter
operated under a spectrum licence issued in the 2.5 GHz band. If the Australian
Communications and Media Authority (ACMA) is satisfied that the operation of
the radiocommunications transmitter could cause interference of the kind set
out under the instrument, the ACMA is able to refuse to register the
transmitter.
Refer to the entries on the Radiocommunications
Advisory Guidelines (Managing Interference from Spectrum Licensed
Transmitters – 2.5 GHz Band) 2023 and the Radiocommunications
Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers —
2.5 GHz Band) 2023 in this update for further information.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 21 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 18 March 2023
Made under: subsection
145(4) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Radiocommunications (Unacceptable
Levels of Interference - 2.5 GHz Mid Band Gap) Determination 2023 [F2023L00279]
What it does:
|
Other Details:
|
The instrument repeals and remakes the Radiocommunications
(Unacceptable Levels of Interference - 2.5 GHz Mid-band Gap) Determination
2012 and aims to ensure that high levels of emission from
radiocommunications transmitters operated under a spectrum licence issued in
the 2.5 GHz Mid Band Gap do not cause an unacceptable level of interference
to radiocommunications.
Subsection
145(1) of the Radiocommunications
Act 1992 (the Act) provides that the ACMA may refuse to include
details of a radiocommunications transmitter that is proposed to be operated
under a spectrum licence in the Register of Radiocommunications Licences
(Register), maintained by the ACMA under Part 3.5 of the Act, where it is
satisfied that the transmitter could cause an unacceptable level of
interference to the operation of other radiocommunications devices under that
or any other spectrum licence, or any other licence. Subsection
145(4)of the Act provides that the ACMA may determine, by written
instrument, what are unacceptable levels of interference for the purposes of section
145 of the Act.
The instrument sets out what is meant by an ‘unacceptable
level of interference’ in relation to a radiocommunications transmitter
operated under a spectrum licence issued in the 2.5 GHz Mid Band Gap. See the
Explanatory
Statement for the instrument for further information.
See also:
discussed above.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 March 2023
Made under: subsection
145(4) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Telecommunications Universal
Service Obligation (Standard Telephone Service – Requirements and
Circumstances) Determination 2023 [F2023L00221]
Back to top
Prime Minister and Cabinet
No instruments tabled in the relevant period.
Back to top
Social Services
Family Law (Bilateral
Arrangements—Intercountry Adoption) Regulations 2023 [F2023L00309]
What it does:
|
Other Details:
|
The instrument will facilitate Australia’s bilateral
arrangements for intercountry adoptions with prescribed overseas
jurisdictions.
The instrument provides that adoptions made under the laws
of a prescribed overseas jurisdiction are recognised for the purposes of
Australian law.
The instrument also provides that an adoption compliance
certificate issued by a competent authority in a prescribed overseas
jurisdiction is evidence that the adoption was carried out in accordance with
the laws of that jurisdiction.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 22
March 2023
Tabled in House of Representatives: 23 March 2023
Tabled in Senate: 24 March 2023
Administered by: Social Services
Commencement: 23 March 2023
Made under: subsections
111C(3) and 111C(4)
of the Family
Law Act 1975
Committee comment: none identified
Resources:
|
Family Law (Bilateral
Arrangements—Intercountry Adoption) (Repeals and Consequential Amendments)
Regulations 2023 [F2023L00308]
Back to top
Treasury
ASIC Corporations (Amendment)
Instrument 2023/160 [F2023L00290]
ASIC Corporations (Design and
Distribution Obligations—Reissued Life Policies Class Exemption) Instrument 2023/183
[F2023L00222]
What it does:
|
Other Details:
|
Provides relief from the Design and Distribution
Obligations (DDO) for reissued life policies in situations where they were
not intended to apply.
In April 2019,
the Treasury
Laws Amendment (Design and Distribution Obligations and Product Intervention
Powers) Act 2019 introduced DDO into the Corporations Act
2001. DDO imposes additional obligations on issuers and
distributors and applies to financial products issued on or after 5 October
2021.
As a financial product, life policies are subject to DDO.
A feature of some life policies is the option for the policy holder to
request a change to their policy. This may result in the issue of a new
financial product. This would require the issuer or distributor to comply
with DDO, even if the product was originally issued before 5 October 2021.
This instrument provides an exemption for issuers of life
policies from compliance with DDO for certain transactions where life
policies originally issued before the commencement of DDO:
- are
reissued on the same terms and conditions, without additional underwriting or
individual loadings, except where changes are in accordance with the terms of
the existing policy and are required to give effect to the reissue; and
- are
at the request of the policy holder except where the change is to correct an
administrative error.
The exemption also applies to life policies issued after
commencement of DDO for certain administrative transactions:
- to
correct an administrative error; or
- to
reinstate a lapsed policy after it lapses due to non-payment of premiums.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 16 March 2023
Made under: paragraph
994L(2)(b) of the Corporations Act
2001
Committee comment: none identified
Resources:
- ‘23-070MR
ASIC grants conditional relief to facilitate reissue of certain life
insurance policies’, Australian Securities and Investments Commission.
- Simon
Soljo, Michelle Levy, Michael Mathieson, Ally Crowther, ‘DDO
conditional relief: facilitating the reissue of life insurance policies’,
Allens Linklaters, 21 March 2023.
- ‘ASIC
grants reissue relief for pre-DDO life products’, Professional Planner,
17 March 2023.
- Paula
Pyburne, ‘Treasury
Laws Amendment (Design and Distribution Obligations and Product Intervention
Powers) Bill 2018’, Bills Digest, 51, 2018-19, (Canberra:
Parliamentary Library, 2018).
|
ASIC Corporations (Relevant
interests, ASIC and ASIC Chairperson) Instrument 2023/194 [F2023L00281]
What it does:
|
Other Details:
|
The instrument limits the circumstances in which the Australian
Securities and Investments Commission (ASIC) will have a relevant interest in
securities to circumstances where the securities are vested in, or held by,
ASIC or the Commonwealth. This limits the circumstances in which ASIC must
provide information under the substantial holding disclosure regime.
In certain circumstances ASIC may have a relevant interest
in securities because it holds the securities or has power in relation to
voting or disposal of securities. For example, ASIC will generally have a
relevant interest in securities if securities are vested in ASIC or if
securities are vested in the Commonwealth and ASIC has the power to vote or
dispose of the securities on behalf of the Commonwealth.
The purpose of the Instrument is to preserve the effect of
the relief previously provided under ASIC Class Order [CO 12/1209] beyond the sunset date of 1 April 2023
and to limit the circumstances in which ASIC will have a relevant interest in
securities to circumstances where the securities are vested in, or held by,
ASIC or the Commonwealth.
See the Explanatory
Statement for the instrument for further information.
See also the ASIC Corporations
(Repeal) Instrument 2023/195 [F2023L00282], discussed below.
|
Registered on Federal
Register of Legislation: 20 March 2023
Tabled in House of Representatives: 21 March 2023
Tabled in Senate: 22 March 2023
Administered by: Treasury
Commencement: 21
March 2023
Made under: paragraphs
655A(1)(b), 660(1)(b),
and 673(1)(b)
of the Corporations
Act 2001
Committee comment: none
identified
Resources:
- ‘About ASIC’, Australian Securities
and Investments Commission.
|
ASIC Corporations (Repeal)
Instrument 2023/195 [F2023L00282]
ASIC Market Integrity Rules
(Securities Markets) Determination 2023/157 [F2023L00202]
What it does:
|
Other Details:
|
The instrument supersedes ASIC Market
Integrity Rules (Securities Markets) Determination 2022/994 (which is repealed by the
ASIC
Market Integrity Rules (Securities Markets) Repeal Instrument 2023/158
[F2023L00201], discussed below).
The instrument maintains ASIC’s policy of determining the
allocation of Equity Market Products to Tier 1 and Tier 2 based on a periodic
calculation of 2.5% of each product’s average daily value transacted in the
preceding six month period, of at least $1 million for Tier 1 Equity Market
Products and $500,000 for Tier 2 Equity Market Products (or other material number
of Trading Days if the product was not quoted during the entire period).
Market participants must not enter into a transaction for
an equity market product unless the transaction is entered into by matching
of a pre-trade transparent order on an order book.
One exception allows a transaction to be executed without
pre-trade transparency where the consideration in the transaction is over a
certain dollar figure. That dollar figure depends on the tier of the equity
market product being transacted.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023 [F2023L00202]
Tabled in House of Representatives: 9 March
2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 11 April 2023
Made under: subrule 6.2.1(4) of the ASIC Market
Integrity Rules (Securities Markets) 2017
Committee comment: none identified
Resources:
|
ASIC Market Integrity Rules
(Securities Markets) Repeal Instrument 2023/158 [F2023L00201]
What it does:
|
Other Details:
|
The instrument repeals ASIC Market
Integrity Rules (Securities Markets) Determination 2022/994, which will
be superseded by the ASIC Market
Integrity Rules (Securities Markets) Determination 2023/157 [F2023L00202],
discussed above.
These determinations concern ASIC’s policy of allocating equity
market products to tiers.
Market participants must not enter into a transaction for
an equity market product unless the transaction is entered into by matching
of a pre-trade transparent order on an order book.
One exception allows a transaction to be executed without
pre-trade transparency where the consideration in the transaction is over a
certain dollar figure. That dollar figure depends on the tier of the equity
market product being transacted.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023 [F2023L00201]
Tabled in House of Representatives: 9 March
2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 11 April 2023
Made under: subrule 6.2.1(4) of the ASIC Market
Integrity Rules (Securities Markets) 2017
Committee comment: none identified
Resources:
|
Auditing Standard ASA 2023-1
Amendments to Australian Auditing Standards [F2023L00295]
What it does:
|
Other Details:
|
The instrument makes amendments to the requirements, scope
of application, explanatory material and appendices of the following Australian
Auditing Standards:
See the Explanatory
Statement for the instrument for further
information.
|
Registered on Federal Register of Legislation: 21
March 2023
Tabled in House of Representatives: 22 March 2023
Tabled in Senate: 23 March 2023
Administered by: Treasury
Commencement: 1 January 2023
Made under: section 336 of the Corporations Act
2001
Committee comment: none identified
Resources:
|
Currency (Australian Coins)
Amendment (2023 Royal Australian Mint No. 2) Determination 2023 [F2023L00224]
What it does:
|
Other Details:
|
Amends the Currency (Australian
Coins) Determination 2019 to determine the characteristics of 48 new
non-circulating coins proposed to be issued by the Royal Australian Mint.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 17 March 2023
Made under: subsection
13(2) and section
13A of the Currency
Act 1965
Committee comment: none identified
Resources: none identified
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 1 of 2023 [F2023L00313]
Financial Sector (Collection of
Data) (reporting standard) determination No. 2 of 2023 [F2023L00288]
Financial Sector (Collection of
Data) (reporting standard) determination No. 4 of 2023 [F2023L00247]
Financial Sector (Collection of
Data) (reporting standard) determination No. 5 of 2023 [F2023L00307]
Financial Sector (Collection of
Data) (reporting standard) determination No. 6 of 2023 [F2023L00249]
Financial Sector (Collection of
Data) (reporting standard) determination No. 7 of 2023 [F2023L00306]
Financial Sector (Collection of
Data) (reporting standard) determination No. 9 of 2023 [F2023L00250]
Financial Sector (Collection of
Data) (reporting standard) determination No. 10 of 2023 [F2023L00251]
Financial Sector (Collection of
Data) (reporting standard) determination No. 11 of 2023 [F2023L00253]
Financial Sector (Collection of
Data) (reporting standard) determination No. 12 of 2023 [F2023L00256]
Financial Sector (Collection of
Data) (reporting standard) determination No. 13 of 2023 [F2023L00259]
Financial Sector (Collection of
Data) (reporting standard) determination No. 14 of 2023 [F2023L00262]
Financial Sector (Collection of
Data) (reporting standard) determination No. 15 of 2023 [F2023L00266]
Financial Sector (Collection of
Data) (reporting standard) determination No. 16 of 2023 [F2023L00267]
Financial Sector (Collection of
Data) (reporting standard) determination No. 17 of 2023 [F2023L00301]
Financial Sector (Collection of
Data) (reporting standard) determination No. 18 of 2023 [F2023L00254]
Financial Sector (Collection of
Data) (reporting standard) determination No. 19 of 2023 [F2023L00255]
Financial Sector (Collection of
Data) (reporting standard) determination No. 20 of 2023 [F2023L00258]
Financial Sector (Collection of
Data) (reporting standard) determination No. 21 of 2023 [F2023L00280]
Financial Sector (Collection of
Data) (reporting standard) determination No. 23 of 2023 [F2023L00310]
Financial Sector (Collection of
Data) (reporting standard) determination No. 25 of 2023 [F2023L00264]
Financial Sector (Collection of
Data) (reporting standard) determination No. 26 of 2023 [F2023L00275]
Financial Sector (Collection of
Data) (reporting standard) determination No. 31 of 2023 [F2023L00257]
Financial Sector (Collection of
Data) (reporting standard) determination No. 32 of 2023 [F2023L00268]
Financial Sector (Collection of
Data) (reporting standard) determination No. 33 of 2023 [F2023L00311]
Financial Sector (Collection of
Data) (reporting standard) determination No. 35 of 2023 [F2023L00312]
Financial Sector (Collection of
Data) (reporting standard) determination No. 36 of 2023 [F2023L00302]
Financial Sector (Collection of
Data) (reporting standard) determination No. 37 of 2023 [F2023L00300]
Financial Sector (Collection of
Data) (reporting standard) determination No. 38 of 2023 [F2023L00265]
Life Insurance (prudential
standard) determination No. 1 of 2023 [F2023L00205]
What it does:
|
Other Details:
|
The instrument revokes the Life Insurance
(prudential standard) determination No. 8 of 2012 (the No. 8
determination) and determines the Prudential Standard LPS 100 Solvency
Standard (LPS 100). The No. 8 determination was due to sunset but,
having been determined to be fit for purpose, has been remade by the
instrument.
LPS 100 (as determined by the instrument) is a prudential
standard in relation to solvency for the purposes of the Life Insurance
Act 1995.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 29 March 2023
Made under: subsections
230A(1) and 230A(5)
of the Life
Insurance Act 1995
Committee comment: none identified
Resources:
|
Life Insurance (prudential
standard) determination No. 2 of 2023 [F2023L00207]
What it does:
|
Other Details:
|
The instrument revokes the Life Insurance
(prudential standard) determination No. 5 of 2012 (the No. 5
determination) and determines the Prudential Standard LPS 115 Capital
Adequacy: Insurance Risk Charge. The No. 5 determination was due to
sunset but, having been determined to be fit for purpose, has been remade by
the instrument.
The instrument requires a life insurance company to
maintain adequate capital against the insurance risks associated with its
activities.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 29 March 2023
Made under: subsections
230A(1) and 230A(5)
of the Life
Insurance Act 1995
Committee comment: none identified
Resources:
|
Life Insurance (prudential
standard) determination No. 3 of 2023 [F2023L00208]
What it does:
|
Other Details:
|
The instrument revokes the Life Insurance
(prudential standard) determination No. 13 of 2012 (the No. 13
determination), and determines Prudential Standard LPS 360 Termination
Values, Minimum Surrender Values and Paid-up Values. The No. 13
determination was due to sunset but, having been determined to be fit for
purpose, has been remade by the instrument.
The instrument sets out the requirements for determining
termination values, minimum surrender values and minimum paid-up values.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 29 March 2023
Made under: subsections
230A(1) and 230A(5)
of the Life
Insurance Act 1995
Committee comment: none identified
Resources:
|
Life Insurance (prudential
standard) determination No. 4 of 2023 [F2023L00206]
What it does:
|
Other Details:
|
The instrument revokes the Life Insurance
(prudential standard) determination No. 14 of 2012 (the No. 14
determination) and determines the Prudential Standard LPS 370 Cost of
Investment Performance Guarantees. The No. 14 determination was due to
sunset but, having been determined to be fit for purpose, has been remade by
the instrument.
The instrument sets out the requirements for calculating
the cost of investment performance guarantees provided in association with
investment-linked contracts for the purpose of section
42 of the Life Insurance
Act 1995.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
March 2023
Tabled in House of Representatives: 20 March 2023
Tabled in Senate: 20 March 2023
Administered by: Treasury
Commencement: 29 March 2023
Made under: subsections
230A(1) and 230A(5)
of the Life
Insurance Act 1995
Committee comment: none identified
Resources:
|
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Veterans’ Affairs
No instruments tabled in the relevant period.
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Note:
a notice of a motion to disallow a legislative instrument or a provision of a
legislative instrument may be given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before
that House. If, within 15 sitting days of that House after the giving of that
notice, the House passes a resolution, in pursuance of the motion, disallowing
the instrument or provision, then the instrument or provision so disallowed
then ceases to have effect (Legislation Act 2003, section 42).
Disallowable Instruments Lists for the House and the Senate indicate the number of sitting days remaining in which a
notice to disallow the instrument may be moved.
The
Disallowance Alert 2023 lists all instruments subject to a notice of motion for
disallowance. The progress and
eventual outcome of any such notice is also recorded.
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