Scrutiny of Disallowable Instruments 2010

Scrutiny of Disallowable Instruments 2010

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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 25 November 2010

Instrument Committee completed scrutiny
Determination No. 2010-385 section 92, made under subsection 92(3) of the Schools Assistance Act 2008

10 February 2011

Therapeutic Goods (Medical Devices) Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 267 10 February 2011

Meeting held 18 November 2010

Instrument Committee completed scrutiny
Approval of Screening Device made under section 40R of the Australian Federal Police Act 1979

10 February 2011

Freedom of Information (Miscellaneous Amendments) Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 270 10 February 2011
Freedom of Information (Miscellaneous Provisions) Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 271 10 February 2011
MRCA Treatment Principles (Claims/Dental/Fees) Instrument 2010 - Instrument M8/2010 made under subsection 286(3) of the Military Rehabilitation and Compensation Act 2004 10 February 2011

Meeting held 28 October 2010

Instrument Committee completed scrutiny
A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2010 (No. 2) made under section 81-5 of the A New Tax System (Goods and Services Tax) Act 1999

22 November 2010

Accounting Standard AASB 1053 - Application of Tiers of Australian Accounting Standards made under section 334 of the Corporations Act 2001 25 November 2010
ASIC Market Integrity Rules (APX Market) 2010 made under subsection 798G(1) of the Corporations Act 2001 25 November 2010
ASIC Market Integrity Rules (SIM VSE Market) 2010 made under subsection 798G(1) of the Corporations Act 2001 25 November 2010
ASIC Market Integrity Rules (ASX Market) 2010 made under subsection 798G(1) of the Corporations Act 2001 10 February 2011
ASIC Market Integrity Rules (IMB Market) 2010 made under subsection 798G(1) of the Corporations Act 2001 25 November 2010
ASIC Market Integrity Rules (NSXA Market) 2010 made under subsection 798G(1) of the Corporations Act 2001 25 November 2010
Australian Crime Commission Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 194 18 November 2010
Australian Wine and Brandy Corporation Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 217 25 November 2010
Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 218 10 February 2011
Commonwealth Scholarships Guidelines (Education) 2010 made under section 238-10 of the Higher Education Support Act 2003 10 February 2011
Continence Aids Payment Scheme 2010 made under section 12 of the National Health Act 1953 25 November 2010
Corporations Amendment Regulations 2010 (No. 7), Select Legislative Instrument 2010 No. 210 25 November 2010
Crimes Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 153 18 November 2010
Declaration that Division 3 of Part VC of the Insurance Act 1973 Applies to AFA Pty Ltd made under subsection 62ZZC(1) of the Insurance Act 1973 25 November 2010
Determination No. 2010-269 made under section 92 of the Schools Assistance Act 2008 25 November 2010
Determinations under section 3A(2) and section 4(1A) of the Aviation Fuel Revenues (Special Appropriation) Act 1988 25 November 2010
Disability Care Load Assessment (Child) Determination 2010 made under sections 38D and 38E of the Social Security Act 1991 25 November 2010
Electoral and Referendum Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 227 10 February 2011
Financial Management and Accountability Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 171 25 November 2010
Fisheries Research and Development Corporation Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 126 22 November 2010
Health Insurance (Radioactive Seed Implantation of Prostate) Determination 2010 made under subsection 3C(1) of the Health Insurance Act 1973 25 November 2010
Income Tax Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 136 18 November 2010
Instrument No. PB 93 of 2010 - National Health (Listed drugs on F1 or F2) Determination 2010 made under subsection 85AB(1) of the National Health Act 1953 25 November 2010
Management Plan - Cockatoo Island made under section 26 of the Sydney Harbour Federation Trust 2001 12 May 2011
Marine Orders, Part 21 - Safety of navigation and emergency procedures - Issue 7, made under subsection 425(1AA) of the Navigation Act 1912, Marine Order No. 6 of 2010 18 November 2010
Marriage Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 169 18 November 2010
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010 made under paragraph 90(1)(b) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 25 November 2010
Migration Amendment Regulations 2010 (No. 6), Select Legislative Instrument 2010 No. 133 18 November 2010
National Consumer Credit Protection Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 137 18 November 2010
National Consumer Credit Protection Legislation Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 185 18 November 2010
National Consumer Credit Protection Legislation Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 235 18 November 2010
National Consumer Credit Protection (Transitional and Consequential Provisions) Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 139 18 November 2010
National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2010 (No. 1) made under subsection 10(3) of the National Greenhouse and Energy Reporting Act 2007 25 November 2010
National Measurement Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 179 18 November 2010
Private Health Insurance (Complying Product) Rules 2010 (No. 2) made under item 3 of the table in section 333-20 of the Private Health Insurance Act 2007 23 November 2010
Proceeds of Crime Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 198 25 November 2010
Producer Offset Amendment Rules 2010 (No. 1) made under section 376-265 of the Income Tax Assessment Act 1997 10 February 2011
Public Service Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 182 18 November 2010
Public Works Committee Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 173 25 November 2010
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 1) made under subsection 203AD(1) of the Native Title Act 1993 25 November 2010
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 2) made under subsection 203AD(1) of the Native Title Act 1993 25 November 2010
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 3) made under subsection 203AD(1) of the Native Title Act 1993 25 November 2010
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 4) made under subsection 203AD(1) of the Native Title Act 1993 25 November 2010
Renewable Energy (Electricity) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 142 18 November 2010
Social Security (Exempt Lump Sum) (Farm Exit Support Grants) (DEEWR) Determination 2010 made under paragraph 8(11)(d) of the Social Security Act 1991 10 February 2011
Social Security (Exempt Lump Sum) (Farm Exit Support Grants) (FaHCSIA) Determination 2010 made under paragraph 8(11)(d) of the Social Security Act 1991 25 November 2010
Superannuation Industry (Supervision) Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 237 18 November 2010
Taxation Administration Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 188 25 November 2010
Textile, Clothing and Footwear Strategic Investment Program Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 202 25 November 2010
Therapeutic Goods Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 129 23 November 2010
Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Claims/Dental/Fees) Instrument 2010 - Instrument No. R9/2010 made under subsection 16(7) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 25 November 2010
Variation to the National Environment Protection (Used Packaging Materials) Measure 2010 (No. 1) made under the National Environment Protection Council Act 1994 10 February 2011
Veterans' Entitlements (Treatment Principles - Claims/Dental/Fees) Instrument 2010 made under subsection 90(5) of the Veterans' Entitlements Act 1986 25 November 2010

Meeting held 24 June 2010

Instrument Committee completed scrutiny
Air Navigation (Aircraft Noise) Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 118

12 May 2011

Airports (Control of On-Airport Activities) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 119 28 October 2010
Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 120 28 October 2010

Meeting held 17 June 2010

Instrument Committee completed scrutiny
ASIC Class Order [CO 10/381] made under item 41 of Schedule 2 to the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009

16 November 2010

Australian Passports Amendment Determination 2010 (No. 1) made under section 57 of the Australian Passports Act 2005 28 October 2010
Automotive Transformation Scheme Regulations 2010, Select Legislative Instrument 2010 No. 82 16 November 2010
Aviation Transport Security Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 80 28 October 2010
Defence and Strategic Goods List Amendment 2010 made under paragraph 112(2A)(aa) of the Customs Act 1901 18 November 2010
Determination to Reduce Administered Appropriations (No. 1 of 2009-2010) made under 5 Appropriation Acts 28 October 2010
Electoral and Referendum Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 79 28 October 2010
Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 100 16 November 2010
Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No.77 28 October 2010
Financial Management and Accountability Determination 2010/05 - Superannuation Clearing House Special Account Establishment 2010 made under subsection 20(1) of the Financial Management and Accountability Act 1997 17 June 2010
Foreign Acquisitions and Takeovers Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 104 28 October 2010
National Consumer Credit Protection Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 105 16 November 2010
National Consumer Credit Protection (Fees) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 106 16 November 2010
National Consumer Credit Protection (Transitional and Consequential Provisions) Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 107 16 November 2010
Other Grants Guidelines (Education) 2010 made under section 238-10 of the Higher Education Support Act 2003 28 October 2010

Meeting held 13 May 2010

Instrument Committee completed scrutiny
Air Navigation (Aircraft Noise) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 39

28 October 2010

Airworthiness Directive AD/HS 125/89 Amdt 2 made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 24 June 2010
ASIC Class Order [CO 10/029] made under paragraph 1020F(1)(c) of the Corporations Act 2001 24 June 2010
Christmas Island (Courts) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 34 17 June 2010
Cocos (Keeling) Islands (Courts) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 35 17 June 2010
Commonwealth Scholarships Guidelines (Education) 2010 made under section 238-10 of the Higher Education Support Act 2003 24 June 2010
Defence Determination 2010/8 made under section 58B of the Defence Act 1903 10 February 2011
Disability (Access to Premises - Buildings) Standards 2010 made under subsection 31(1) of the Disability Discrimination Act 1992 17 June 2010
Disability Service Standards (Eligible Service Standards) (FAHCSIA) Determination 2010 made under paragraph 5A(1)(a) of the Disability Services Act 1986 24 June 2010
Extradition (United Arab Emirates) Regulations 2010, Select Legislative Instrument 2010 No. 36 17 June 2010
Instrument No. CASA EX22/10 made under regulation 11.160 of the Civil Aviation Safety Regulations 1998 24 June 2010
Health Insurance (General Medical Services Table) Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 66 24 June 2010
Life Insurance (Prudential Standard) Determination No. 3 of 2010 made under subsections 230A(1) and (5) of the Life Insurance Act 1995 24 June 2010
Life Insurance (Prudential Standard) Determination No. 4 of 2010 made under subsections 230A(1) and (5) of the Life Insurance Act 1995 24 June 2010
List of the Acts of the Western Australian Parliament Wholly or Partly in Force in Christmas Island made under section 8B of the Christmas Island Act 1958 24 June 2010
List of the Acts of the Western Australian Parliament Wholly or Partly in Force in the Cocos (Keeling) Islands made under section 8B of the Cocos (Keeling) Islands Act 1955 24 June 2010
Migration Amendment Regulations 2010 (No. 4), Select Legislative Instrument 2010 No. 71 24 June 2010
National Consumer Credit Protection Regulations 2010, Select Legislative Instrument 2010 No. 44 24 June 2010
National Consumer Credit Protection (Fees) Regulations 2010, Select Legislative Instrument 2010 No. 43 24 June 2010
National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010, Select Legislative Instrument 2010 No. 45 24 June 2010
National Consumer Credit Protection Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 59 24 June 2010
Occupational Health and Safety (Maritime Industry) (National Standards) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 62 24 June 2010
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 64 24 June 2010
Procedural Rules to be followed in Panel Proceedings made under subsection 195(1) of the Australian Securities and Investments Commission Act 2001 10 February 2011
Sydney Harbour Federation Trust Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 48 17 June 2010
Telecommunications Service Provider (Mobile Premium Services) Determination 2010 No. 1 made under section 99 of the Telecommunications Act 1997 25 November 2010

Meeting held 18 March 2010

Instrument Committee completed scrutiny
Currency (Perth Mint) Determination 2010 (No. 1) made under paragraph 13(2)(b) and subsection 13A91) of the Currency Act 1965

13 May 2010

Lands Acquisition Management Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 22 13 May 2010

Meeting held 11 March 2010

Instrument Committee completed scrutiny
Customs (Prohibited Exports) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 15

17 June 2010

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 14 17 June 2010
Instrument No. CASA ADCX 0001/10 made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 13 May 2010
Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Datum) Regulations 2010, Select Legislative Instrument 2010 No. 29 13 May 2010
Offshore Petroleum and Greenhouse Gas Storage (Management of Greenhouse Gas Well Operations) Regulations 2010, Select Legislative Instrument 2010 No. 28 13 May 2010
Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) (Veterans' Affairs) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 6 13 May 2010

Meeting held 25 February 2010

Instrument Committee completed scrutiny
Determination to Reduce Appropriations Upon Request (No. 3 of 2009-2010) made under subsection 13(2) of the Appropriation Act (No. 2) 2009-2010

18 March 2010

Health Insurance (Cataract Surgery) Determination 2010 made under subsection 3C(1) of the Health Insurance Act 1973 18 March 2010
Health Insurance (General Medical Services Table) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 5 13 May 2010

Meeting held 4 February 2010

Instrument Committee completed scrutiny
Agricultural and Veterinary Chemicals Code Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 341

18 March 2010

Approval of the Uluru-Kata Tjuta National Park Management Plan 2010-2020 made under section 370 of the Environment Protection and Biodiversity Conservation Act 1999 25 February 2010
Aviation Transport Security Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 394 11 March 2010
Communications (Redundant Regulation) Instrument of Revocation (No. 1) 2009 made under subsection 14(1) of the Australian Communications and Media Authority Act 2005, subsection 146C(2) and section 115 of the Broadcasting Services Act 1992, section 15, subsections 16(1), 19B(1) and 19C(1) and section 124 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and section 151CMA of the Trade Practices Act 1974 11 March 2010
Customs (Prohibited Imports) Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 357 11 March 2010
Economic Security Strategy Payments Administrative Scheme (FaFCSIA) Determination 2009 made under subitem 1(1) of Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008

11 March 2010

Federal Court Amendment Rules 2009 (No. 3), Select Legislative Instrument 2009 No. 340 11 March 2010
Federal Court Amendment Rules 2009 (No. 4), Select Legislative Instrument 2009 No. 392 11 March 2010
Fisheries Management (Southern Bluefin Tuna Fishery Management Plan) Temporary Order 2009 (No. 2) made under subsection 43(2) of the Fisheries Management Act 1991 11 March 2010
Guidelines under subsection 124H(1) of the Health Insurance Act 1973 11 March 2010
Health Insurance (Cataract Surgery) Determination 2009 (No. 2) made under subsection 3C(1) of the Health Insurance Act 1973 18 March 2010
Household Stimulus Payments Administrative Scheme (FaHCSIA) Determination 2009 made under subitem 1(1) of Schedule 4 to the Household Stimulus Package Act (No. 2) 2009 11 March 2010
List of Grants under Division 41 (Research) made under section 41-50 of the Higher Education Support Act 2003 11 March 2010
Marine Orders - Part 94 - Marine Pollution prevention - Packaged Harmful Substances - Issue 5, made under subsection 425(1AA) of the Navigation Act 1912
Marine Order No. 8 of 2009

11 March 2010

Marine Orders - Part 41 - Carriage of Dangerous Goods - Issue 10, made under subsection 425(1AA) of the Navigation Act 1912
Marine Order No. 11 of 2009

18 March 2010

National Greenhouse and Energy Reporting Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 378 11 March 2010
Offshore Petroleum (Safety Levies) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 381 11 March 2010
Offshore Petroleum (Safety) Regulations 2009, Select Legislative Instrument 2009 No. 382 11 March 2010
Petroleum (Submerged Lands) (Management of Environment) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 383 11 March 2010
Petroleum (Submerged Lands) (Pipelines) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 384 11 March 2010
Pricing Principles for the Line Sharing Service (LSS) Determination 2009 made under section 152AQA of the Trade Practices Act 1974 18 March 2010
Pricing Principles for the Local Carriage Service (LCS) Determination 2009 made under section 152AQA of the Trade Practices Act 1974 18 March 2010
Pricing Principles for the Public Switched Telephone Network Originating Access and Terminating Access Services (PSTN OTA) Determination 2009 made under section 152AQA of the Trade Practices Act 1974 18 March 2010
Pricing Principles for the Unconditional Local Loop Service (ULLS) Determination 2009 made under section 152AQA of the Trade Practices Act 1974 18 March 2010
Pricing Principles for the Wholesale Line Rental (WLR) Determination 2009 made under section 152AQA of the Trade Practices Act 1974 18 March 2010
Primary Industries Levies and Charges Collection Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 353 11 March 2010
Safety, Rehabilitation and Compensation Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 336 11 March 2010
Schools Assistance Amendment Regulations 2009 (No. 2), Select Legislative Instrument 2009 No. 324 11 March 2010
Therapeutic Goods Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 374 18 March 2010

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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