Scrutiny of Disallowable Instruments 2009

Scrutiny of Disallowable Instruments 2009

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The 'Scrutiny of Disallowable Instruments' lists those disallowable instruments (both legislative and non-legislative) that appear to breach the Committee's principles of scrutiny. After each meeting the Committee will write to the relevant Ministers about its concerns with the instruments listed for that week seeking an explanation or amendment of the legislation.

Meeting held 26 November 2009

Instrument Committee completed scrutiny
Airports (Control of On-Airport Activities) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 290 4 February 2010
A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1) made under subsection 162(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 25 February 2010
Great Barrier Reef Marine Park Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 304 24 February 2010
Tax Agent Services Regulations 2009, Select Legislative Instrument 2009 No. 314 4 February 2010

Meeting held 19 November 2009

Instrument Committee completed scrutiny
Health Insurance (Cataract Surgery) Determination 2009 made under subsection 3C(1) of the Health Insurance Act 1973 18 March 2010
Marine Order No. 4 of 2009 - Part 28 - Operations Standards and Procedures - Issue 3 made under subsection 425(1AA) of the Navigation Act 1912 4 February 2010
Marine Order No. 7 of 2009 - Part 18 - Measures to Enhance Maritime Safety - Issue 4 made under subsection 425(1AA) of the Navigation Act 1912 26 November 2009

Meeting held 29 October 2009

Instrument Committee completed scrutiny
ASIC Class Order [CO 09/552] made under paragraph 601QA(1)(b) of the Corporations Act 2001 4 February 2010
Dairy Produce Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 252 26 November 2009
Extradition (Bribery of Foreign Officials) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 257 26 November 2009
Extradition (Currency) Regulations 2009, Select Legislative Instrument 2009 No. 259 26 November2009
Extradition (Narcotic Drugs) Regulations 2009, Select Legislative Instrument 2009 No. 262 26 November 2009
Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 2009, Select Legislative Instrument 2009 No. 266 26 November 2009
Fisheries Management (International Agreements) Regulations 2009, Select Legislative Instrument 2009 No. 254 4 February 2010
Foreign States Immunities Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 249 4 February 2010
Health Insurance (Pathology Services Table) Amendment Regulations 2009 (No. 5), Select Legislative Instrument 2009 No. 227 19 November 2009
Migration Amendment Regulations 2009 (No. 10), Select Legislative Instrument 2009 No. 229 19 November 2009
Migration Amendment Regulations 2009 (No. 11), Select Legislative Instrument 2009 No. 237 19 November 2009
Migration Amendment Regulations 2009 (No. 12), Select Legislative Instrument 2009 No. 273 19 November 2009
National Trade Measurement Regulations 2009, Select Legislative Instrument 2009 No. 233 27 November 2009
Other Grants Guidelines (Research) 2009 made under section 238-10 of the Higher Education Support Act 2003 4 February 2010
Parliamentary Entitlements Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 219 4 February 2010
Parliamentary Entitlements Amendment Regulations 2009 (No. 1) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 250 4 February 2010
Private Ancillary Fund Guidelines 2009 made under section 426-110 in Schedule 1 to the Taxation Administration Act 1953 26 November 2009
Remuneration Tribunal Determination 2009/18 made under subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973 26 November 2009
Special Residence Requirement [IMMI 09/095] made under section 23C of the Australian Citizenship Act 2007 26 November 2009
Summary Authority Rules, Select Legislative Instrument 2009 No. 248 26 November 2009

Meeting held 17 September 2009

Instrument Committee completed scrutiny
Migration Amendment Regulations 2009 (No. 5) Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 230 29 October 2009
Renewable Energy (Electricity) Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 221 29 October 2009

Meeting held 10 September 2009

Instrument Committee completed scrutiny
Aged Care (Amount of Flexible Care Subsidy - Innovative Care Service - Congress Community Development and Education Unit Ltd) Determination 2009 (No. 1) made under section 52-1 of the Aged Care Act 1997 29 October 2009
Customs (Prohibited Imports) Amendment Regulations 2009 (No. 4), Select Legislative Instrument 2009 No. 199 29 October 2009
Fair Work Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 207 29 October 2009
Marriage Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 200 19 November 2009

Meeting held 20 August 2009

Instrument Committee completed scrutiny
Environment Protection and Management Amendment Ordinance 2009 (No. 1) made under subsection 10(1) of the Heard Island and McDonald Islands Act 1953 17 September 2009
Quarantine Service Fees Amendment Determination 2009 (No. 2) made under section 86E of the Quarantine Act 1908 29 October 2009
Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2009 (No. 1) made under paragraph 209(b) of the Social Security (Administration) Act 1999 26 October 2009
Sydney Harbour Federation Trust Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 191 26 November 2009

Meeting held 13 August 2009

Instrument Committee completed scrutiny
Accounting Standard AASB 2009-6: Amendments to Australian Accounting Standards made under section 334 of the Corporations Act 2001 10 September 2009
Accounting Standard AASB 2009-7: Amendments to Australian Accounting Standards made under section 334 of the Corporations Act 2001 10 September 2009
Airports Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 117 10 September 2009
Airports (Building Control) Amendment Regulations2009 (No. 1), Select Legislative Instrument 2009 No. 118 10 September 2009
ASIC Class Order [CO 09/459] made under subsection 655A(1) of the Corporations Act 2001 14 September 2009
Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 108 14 September 2009
Charter of the United Nations (Sanction - Al-Qaida and the Taliban) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 113 10 September 2009
Criminal Code (Repeal of Amendments) Regulations 2009, Select Legislative Instrument 2009 No. 176 26 October 2009
Determination 1/2009 made under subsection 353-10(1) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 17 September 2009
Determination 2/2009 made under subsection 353-10(1) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 17 September 2009
Directions in Relation to Coercive Powers made under section 11 of the Building and Construction Industry Improvement Act 2005 29 October 2009
Directions to Inspectors made under subsection 704(1) of the Fair Work Act 2009 26 October 2009
Electricity Supply Fee Determination 2009 made under section 3B of the Administration Ordinance 1990 (Jervis Bay) 26 October 2009
Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982 14 September 2009
Fair Work Regulations 2009, Select Legislative Instrument 2009 No. 112 15 September 2009
Fair Work Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 164 15 September 2009
Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009, Select Legislative Instrument 2009 No. 166 15 September 2009
Income Tax Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 156 17 September 2009
Income Tax Assessment Amendment Regulations 2009 (No. 3), Select Legislative Instrument 2009 No. 177 17 September 2009
Maternity Leave (Commonwealth Employees) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 167 17 September 2009
Migration Legislation Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 116 16 September 2009
National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) made under subsection 35(1) of the National Health Security Act 2007 19 November 2009
Pay as you go withholding - Individuals engaged in foreign service - Legislative Instrument made under section 15-15 of Schedule 1 to the Taxation Administration Act 1953 26 October 2009
Private Health Insurance (Complying Product) Amendment Rules 2009 (No. 3) made under item 3 of the table in section 333-20 of the Private Health Insurance Act 2007 26 October 2009
Public Service Commissioner's Amendment Directions 2009 (No. 2) made under subsection 11(1) and section 36 of the Public Service Act 1999 26 October 2009
Social Security (Satisfaction of the Activity Test - Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) made under subsection 731A(11A) of the Social Security Act 1991 17 September 2009
Superannuation Guarantee (Administration) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 157 17 September 2009
Thirty-Third Amendment of the Public Sector Superannuation Scheme Trust Deed made under section 5 of the Superannuation Act 1990 10 September 2009
Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No.168 15 September 2009

Meeting held 25 June 2009

Instrument Committee completed scrutiny
Variation to the National Environment Protection (Diesel Vehicle Emissions) Measure 2009 (No. 1) made under section 22A of the National Environment Protection Council Act 1994 29 October 2009

Meeting held 18 June 2009

Instrument Committee completed scrutiny
Aviation Transport Security Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 24 8 September 2009
Aviation Transport Security Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 85 13 August 2009
CEO Directions No. 1 of 2009 made under subsection 4(4) of the Customs Administration Act 1985 13 August 2009
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 2) made under subsection 2B(1) of the Charter of the United Nations Act 1945 13 August 2009
Consular Privileges and Immunities (Indirect Tax Concession Scheme) Amendment Determination 2009 (No. 1) made under section 10A of the Consular Privileges and Immunities Act 1972 13August 2009
Customs Administration Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 78 13 August 2009
Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment Determination 2009 (No. 1) made under section 10A of the Diplomatic Privileges and Immunities Act 1972 13 August 2009
Extra Service Amendment Principles 2009 (No. 1) made under subsection 96-1991) of the Aged Care Act 1997 13 August 2009
Family Assistance Legislation Amendment (Child Care Management System and other Measures) Regulations 2009, Select Legislative Instrument 2009 No. 82 13 August 2009
Repatriation Medical Authority Statements of Principles concerning Bronchiectasis made under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (Instrument No 17 of 2009) 13 August 2009
Repatriation Medical Authority Statements of Principles concerning Bronchiectasis made under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (Instrument No 18 of 2009) 13 August 2009
Repatriation Medical Authority Statements of Principles concerning Bipolar Disorder made under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (Instrument No 27 of 2009) 13 August 2009
Repatriation Medical Authority Statements of Principles concerning Bipolar Disorder made under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (Instrument No 28 of 2009) 13 August 2009

Meeting held 14 May 2009

Instrument Committee completed scrutiny
Civil Aviation and Civil Aviation Safety Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 64 13 August 2009
Criminal Code Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 39 23 July 2009
Financial Management and Accountability Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 41 25 June 2009
Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1) under sub-item (1) of Schedule 4 to the Household Stimulus Package Act (No. 2) 2009 25 June 2009
SSAT Child Support Review Directions 2009 made under paragraph 103ZA(1)(a) of the Child Support (Registration and Collection) Act 1988 25 June 2009

Meeting held 19 March 2009

Instrument Committee completed scrutiny
Guidelines for Proposals By Schools to Vary a Socio-Economic Status (SES) Score 2009 made under subsection 76(2) of the Schools Assistance Act 2008 18 June 2009
Parliamentary Service Commissioner's SES Guidelines 2009 made under section 36 of the Parliamentary Service Act 1999 14 May 2009

Meeting held 12 March 2009

Instrument Committee completed scrutiny
A New Tax System (Goods and Services Tax) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 29 14 May 2009
ACIS Administration (Commonwealth Financial Assistance) Determination 2009 made under subsections 11(3) and (4) of the ACIS Administration Act 1999 18 June 2009
Air Navigation Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 23 14 May 2009
Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2009 made under subsection 172(1) of the Nation-building Funds Act 2008 14 May 2009
Family Law (Superannuation) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 19 14 May 2009
Fuel Standard (Automotive Diesel) Amendment Determination 2009 (No. 1) made under section 21 of the Fuel Quality Standards Act 2000 14 May 2009
Fuel Standard (Biodiesel) Amendment Determination 2009 (No. 1) made under section 21 of the Fuel Quality Standards Act 2000 14 May 2009
Instrument No. CASA 62/09 made under subregulations 207(3), 250(2) and (3), and 251(9) of the Civil Aviation Regulations 1988 14 May 2009
Instrument No, PB 16 of 2009 made under paragraph 110(1)(b)(i) of the National Health Act 1953 14 May 2009
Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 11 14 May 2009
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 4 20 August 2009
Social Security (Administration) (Schooling Requirement) Determination 2009 (No. 1) made under section 124C of the Social Security (Administration) Act 1999 18 June 2009
Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2009 made under section 4 of the Nation-building Funds Act 2008 14 May 2009
Torres Strait Prawn Fishery Management Plan 2009 made under section 15A of the Torres Strait Fisheries Act 1984 14 May 2009

Meeting held 12 February 2009

Instrument Committee completed scrutiny
Inclusion of ecological communities in the list of threatened ecological communities under section 181 of the Environment Protection and Conservation Act 1999 made on 15 December 2008 13 August 2009
Inclusion of ecological communities in the list of threatened ecological communities under section 181 of the Environment Protection and Conservation Act 1999 made on 17 December 2008 13 August 2009
Inclusion of ecological communities in the list of threatened ecological communities under section 181 of the Environment Protection and Conservation Act 1999 made on 17 December 2008 13 August 2009
Inclusion of ecological communities in the list of threatened ecological communities under section 181 of the Environment Protection and Conservation Act 1999 made on 17 December 2008 (s81/EPBC/2008/3) 13 August 2009
Instrument No. CASA 51/09 made under regulation 208 of the Civil Aviation Regulations 1988 14 May 2009
Radiocommunications (Digital Radio Channels - Western Australia) Plan Variation 2008 (No. 1) made under subsection 44A(6) of the Radiocommunications Act 1992 19 March 2009

Meeting held 5 February 2009

Instrument Committee completed scrutiny
A New Tax System (Luxury Car Tax) Amendment Regulations 2008 (No. 1), Select Legislative Instrument 2008 No. 239 12 March 2009
Banking Amendment Regulations 2008 (No. 2), Select Legislative Instrument 2008 No. 280 14 May 2009
Banking (Prudential Standards) Determination No. 3 of 2008 made under subsections 11AF(1) and (3) of the Banking Act 1959 18 June 2009
Family Law Amendment Regulations 2008 (No. 3), Select Legislative Instrument 2008 No. 258 14 May 2009
Financial Management and Accountability Amendment Regulations 2008 (No. 5), Select Legislative Instrument 2008 No. 258 12 March 2009
Financial Management and Accountability Determination 2009/03 – Northern Territory Flexible Funding Pool Special Account Variation 2009, made under subsections 20(2) and (3) of the Financial Management and Accountability Act 1997 12 March 2009
Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2008 (No. 1), Select Legislative Instrument 2008 No. 231 12 March 2009
Insurance Amendment Regulations 2008 (No. 2), Select Legislative Instrument 2008 No. 281 14 May 2009
Instrument No, CASA 627/08 made under r.208 of the Civil Aviation Regulations 1988 14 May 2009
Migration Amendment Regulations 2008 (No. 8), Select Legislative Instrument 2008 No. 237 12 March 2009
National Rental Affordability Scheme Regulations 2008, Select Legislative Instrument 2008 No. 232 12 March 2009
Navigation (Confidential Marine Reporting Scheme) Regulations 2008, Select Legislative Instrument 2008 No. 278 12 March 2009
Other Grants Guidelines (Research) 2008 made under section 238-10 of the Higher Education Support Act 2003 19 March 2009
Public Service Commissioner's Amendment Directions 2008 (No. 2) made under section 36 of the Public Service Act 1999 12 March 2009
Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2008 - Prohibitions on Fishing, made under subsection 17(5A) of the Fisheries Management Act 1991 12 March 2009
Superannuation Industry (Supervision) Amendment Regulations 2008 (No. 4), Select Legislative Instrument 2008 No. 282 12 March 2009

If you have any queries on these instruments please contact the Secretariat on:

Telephone (02) 6277 3799
Facsimile (02) 6277 5838
E-mail regords.sen@aph.gov.au

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