Amends the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) to reflect changes to reportable details for international funds transfer instructions. (See the Explanatory Statement for the instrument for further information.) 

Registered on Federal Register of Legislation: 15 September 2022 [F2022L01211]
Tabled in House of Representatives: 23 September 2022
Tabled in Senate: 26 September 2022
Disallowance period (sitting days): 15
Administered by: Attorney-General’s
Commencement: 16 September 2022
Made under: Section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)
Committee comment: none identified
Commentary: 

• Austrac changes international funds transfer instructions reports, Bright Law.

Resources:

• Anti-money laundering and counter terrorism financing, Department of Home Affairs

Repeals and replaces the Criminal Code (Terrorist Organisation—Islamic State Somalia) Regulations 2019 (which would otherwise cease to have effect on 17 September 2022) to continue to specify the organisation Islamic State Somalia for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code Act 1995. Consequently, Islamic State Somalia will remain subject to the relevant sections of Part 5.3 of the Criminal Code, which create offences that apply to interactions with a terrorist organisation. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 16 September 2022 [F2022L01215]
Tabled in House of Representatives: 23 September 2022
Tabled in Senate: 26 September 2022
Disallowance period (sitting days): 15
Administered by: Attorney-General’s; Home Affairs
Commencement: 17 September 2022
Made under: section 102.1 of the Criminal Code Act 1995
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• Listed terrorist organisations, Australian national security
• Islamic State Somalia, Australian national security

• The Live Import List (the list) was established under section 303EB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and has two parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister, subject to any restrictions or conditions.
• The Minister may amend the list and has done so through this instrument to include Stomphastis thraustica in Part 2.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 20 September 2022 [F2022L01230]
Tabled in House of Representatives: 23 September 2022
Tabled in Senate: 26 September 2022
Disallowance period (sitting days): 15
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 21 September 2022
Made under: subparagraphs 303EC(1)(a)(i) and 303EC(1)(a)(iii) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

The instrument declares gazetted oils and their gazetted uses for the purposes of subsection 6(1) of the Product Stewardship (Oil) Act 2000 (PSO Act) and repeals the Product Stewardship (Oil) Declaration 2003. The PSO Act establishes the Product Stewardship (Oil) Scheme to encourage environmentally sustainable management and re-refining of used oil and its reuse.

• The PSO Scheme is a levy-benefit scheme which offsets benefit payments to recyclers using revenue collected through the Excise Tariff Act 1921 and the Customs Tariff Act 1995 from oil refiners and oil importers.
• To claim a benefit, a person must be registered for an entitlement to a benefit under the Product Grants and Benefits Administration Act 2000 (pursuant to subsection 8(1) of the PSO Act) and must have an entitlement to a benefit (pursuant to section 9 of the PSO Act).
• A person is generally entitled to a benefit for the sale or consumption of recycled oil that the person has recycled in Australia, or for the consumption in Australia of gazetted oil for a gazetted use

See the Explanatory Statement for the instrument for further information.

The instrument provides for a means to calculate the benefit payable for a claim for the sale or consumption of recycled oil, and the consumption of gazetted oil for a gazetted use. The instrument also repeals the Product Stewardship (Oil) Regulations 2000. (See the Explanatory Statement for the instrument for further information.)

Amends the Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021 to ensure that targets and liability under the National Television and Computer Recycling Scheme are not unreasonably distorted by erroneous import declarations. (See the Explanatory Statement for the instrument for further information.) 

Lists the Declared Explosive Ordnance Depots by using a unique code. This code is held in the records of the Department of Defence.

• The significance of an area of land, place, building or structure being a declared explosive ordnance depot is that contracted defence security guards have two additional consensual search powers at these locations. Sections 71M and 71N of the Defence Act 1903 permit a contracted defence security guard to request a person who is on a declared explosive ordnance depot, or apparently in control of a vehicle, vessel or aircraft that is on a declared explosive ordnance depot, to undergo a limited search of their person, or a search of the vehicle, vessel or aircraft (and anything in such vehicle, vessel or aircraft).

See the Explanatory Statement for the instrument for further information. 

Provides members on a long-term posting overseas with a short absence for the public holiday declared for Australia’s national day of mourning following the death of Her Majesty The Queen. (See the Explanatory Statement for the instrument for further information.) 

The instrument provides a payment in lieu of long service leave for a member due to exceptional circumstances.

• A member is to be paid an amount in lieu of, and equivalent to, the long service leave credits they have accrued up to and including the date of commencement of the instrument.
• The amount payable is to be calculated according to section 5.5.26 of the Defence Determination 2016/19, Conditions of service, which provides the method for determining the payout of long service leave credits for a member who is ceasing continuous full-time service.
• The member’s accrued long service leave credit is to be reduced by the number of long service leave credits that are paid out.

See the Explanatory Statement for the instrument for further information.

Provides for the removal of a member’s furniture and effects to a personal location within Australia on the member’s long-term posting overseas, and to the member’s new posting location on their return to Australia. (See the Explanatory Statement for the instrument for further information.) 

The instrument determines the exclusion periods that apply to the Woomera Prohibited Area (WPA) for a certain section of the Green Zone for 16 October 2022 to 5 November 2022 in accordance with subsection 8(1) of the Woomera Prohibited Area Rule 2014 (the Rule).

• Paragraph 6(b) of the Rule states that the Green Zone is an area described as a ‘Defence infrequent zone’.
• Under section 8 of the Rule, the Minister may determine up to 8 periods of up to 7 days in a financial year as exclusion periods that apply to the Green Zone.
• Given the nature of Defence testing activities in the WPA the actual duration and extent of exclusions determined by the instrument may be subject to change. This may result in an exclusion period progressing as promulgated, or its duration being reduced, or it being revoked.
• The specific area in the Green Zone to which an exclusion period applies can be found in Part 2 of the instrument.

See the Explanatory Statement for the instrument for further information.

The instrument determines the exclusion periods that apply to the Woomera Prohibited Area (WPA) for a certain section of the Green Zone for 22 October 2022 to 5 November 2022 in accordance with subsection 8(1) of the Woomera Prohibited Area Rule 2014 (the Rule).

• Paragraph 6(b) of the Rule states that the Green Zone is an area described as a ‘Defence infrequent zone’.
• Under section 8 of the Rule, the Minister may determine up to 8 periods of up to 7 days in a financial year as exclusion periods that apply to the Green Zone.
• Given the nature of Defence testing activities in the WPA the actual duration and extent of exclusions determined by the instrument may be subject to change. This may result in an exclusion period progressing as promulgated, or its duration being reduced, or it being revoked.
• The specific area in the Green Zone to which an exclusion period applies can be found in Part 2 of the instrument.

See the Explanatory Statement for the instrument for further information.

Amends the Child Care Subsidy Minister’s Rules 2017 to provide continued targeted COVID-19 and emergency support for child care services and families. These amendments provide certainty and flexibility to families and services impacted by emergencies (such as natural disasters) and COVID-19, retaining measures that encourage families to maintain enrolments, give services flexibility to offer fee relief when children are unable to attend, and support service viability. (See the Explanatory Statement for the instrument for further information.) 

Amends the Higher Education Provider Approval No 1 of 2021 and the Higher Education Provider Approval No 2 of 2021 to include an omitted word (‘must’) in one of the conditions of approval specified in each of the approval instruments. (See the Explanatory Statement for the instrument for further information.) 

Declares that the Fair Entitlements Guarantee Act 2012 applies to persons who were employed, but are no longer employed, by Ovato Limited, Ovato Print Cairns Pty Ltd and Ovato Packaging Pty Ltd, entities under administration under Part 5.3A of the Corporations Act 2001. (See the Explanatory Statement for the instrument for further information.) 

The instrument prescribes Australian Defence Force Cadets as workers under the Work Health and Safety Act 2011 (WHS Act), and repeals and replaces the Work Health and Safety (Class of worker) Notice 2012 (the 2012 Notice) due to sunsetting provisions.

• The instrument remakes the 2012 Notice in substantially the same form, with some consequential amendments to reflect changes in the legislation that establishes the Australian Defence Force Cadets.
• The effect of the instrument is that Cadets in the Australian Air Force Cadets, the Australian Army Cadets or the Australian Navy Cadets, will be covered by, and have the protection of, the WHS Act.

See the Explanatory Statement for the instrument for further information.

The instrument amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014 (the List) to revoke the designation and declaration of Alexander Grigoryevich Abramov.

• The effect of the instrument was that this individual was (subject to future designation and declaration) no longer a designated person subject to targeted financial sanctions and was no longer declared for the purpose of preventing the individual from travelling to, entering or remaining in Australia under paragraphs 6(a) and 6(b) of the Autonomous Sanctions Regulations 2011.
• However, sanctions were immediately re-imposed on Mr Abramov. See Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 20) Instrument 2022 [F2022L01231], below.

See the Explanatory Statement for the instrument for further information.

The instrument amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014 (the List) to re-insert Alexander Grigoryevich Abramov into the sanctions list.  Mr Abramov was previously listed, until his designation and declaration was revoked, pursuant to his application, by operation of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 19) Instrument 2022 (the Number 19 Instrument) (immediately above).

• Based on Mr Abramov’s application, the Minister decided to revoke the his listing and consider his listing afresh.
• Having considered Mr Abramov’s listing afresh, the Minister made the designation and declaration being satisfied that Mr Abramov has been engaging in an activity or performing a function that is of economic or strategic significance to Russia.
• Consequently, Mr Abramov is subject to targeted financial sanctions and  a travel ban under the Russia listing criteria.

See the Explanatory Statement for the instrument for further information.

Amends the Charter of the United Nations (Listed Persons and Entities) Instrument 2022 to list 13 entities and one person for counter-terrorism financing sanctions. The Charter of the United Nations Act 1945 gives effect to United Nations Security Council (UNSC) decisions made under Chapter VII of the Charter of the United Nations that relate to terrorism and dealing with assets in relation to terrorists.  Australia is required under Article 25 of the Charter to carry out such UNSC decisions.

The Minister for Foreign Affairs must list a person or entity for targeted financial sanctions, if the Minister is satisfied on reasonable grounds they are a person who commits, attempts to commit, or participates in or facilitates the commission of, terrorist acts; an entity owned or controlled by such persons; or a person or entity acting on behalf of, or at the direction of, such persons and entities. (See the Explanatory Statement for the instrument for further information.) 

Amends the Aged Care (Transitional Provisions) Principles 2014 to update the specified amount of maximum accommodation charge for a post-2008 reform resident of residential aged care as a result of routine indexation.

• Post-2008 reform resident refers to people who entered aged care services on or after 20 March 2008. In its response to the Review of Pricing Arrangements in Residential Aged Care by Professor Warren Hogan (often referred to as the Hogan Review), the Government introduced a range of changes to Government aged care funding and residents fees and charges. A number of these changes commenced on 20 March 2008, including the commencement of the Aged Care Funding Instrument and setting the maximum daily fee at 85% of the annual single basic age pension for everyone entering permanent residential aged care (previously a higher rate applied to self-funded retirees) (pp. xi–xii).

See the Explanatory Statement for the instrument for further information. 

Amends the Aged Care (Subsidy, Fees and Payments) Determination 2014 to increase the amount of supplement payable to approved providers of aged care services in respect of a day from 20 September 2022 in line with the change to the Australian consumer price index, and increases the value of a number of caps and thresholds that apply to aged care in line with the age pension. (See the Explanatory Statement for the instrument for further information.) 

Amends the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014 to increase the amount of supplement payable to approved providers of aged care services to continuing care recipients in respect of a day from 20 September 2022 in line with the change to the Australian consumer price index. Continuing care recipients are those who entered an aged care service before 1 July 2014 and since that time have not left the service for a continuous period of more than 28 days (other than because the person is on leave), or before moving to another service, have not made a written choice to be subject to new rules relating to fees and payments that came into effect on 1 July 2014. (See the Explanatory Statement for the instrument for further information.) 

The instrument amends the Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020 (the DIST) to allow applications to obtain an exemption to the equipment capital sensitivity requirements under clauses 1.2.1 and 1.2.2 on the basis of delays or shortages in the supply of equipment.

• Under clauses 1.2.1 and 1.2.2 of the DIST, Medicare benefits are not payable for equipment that has exceeded its applicable life age or maximum extended life.

See the Explanatory Statement for the instrument for further information.

The instrument amends the Health Insurance (Professional Services Review Scheme) Regulations 2019 to reintroduce the 30/20 rule for relevant phone services.

• Under the 30/20 rule a medical practitioner is taken to have engaged in inappropriate practice if they have rendered or initiated 30 or more ‘relevant phone services’ on each of 20 or more days in a 12-month period.
• Part VAA of the Health Insurance Act 1973 (HIA) sets out the Professional Services Review (PSR) Scheme, which can review and investigate the provision of services by a person to determine whether the person has engaged in inappropriate practice. Subsection 82(1A) provides that a practitioner engages in inappropriate practice in rendering or initiating services during a particular period (the relevant period) if the circumstances in which some or all of the services were rendered or initiated constitute a prescribed pattern of services. Circumstances in which services rendered or initiated by a medical practitioner constitute a prescribed pattern of services are prescribed in the Health Insurance (Professional Services Review Scheme) Regulations 2019 and include provision that a medical practitioner is taken to have engaged in inappropriate practice if they have rendered or initiated 30 or more ‘relevant phone services’ on each of 20 or more days in a 12 month period (referred to as the 30/20 rule). The 30/20 rule was introduced on 1 July 2022.
• The Health Insurance (Professional Services Review Scheme) Amendment (2022 Measures No. 3) Regulations 2022 made amendments to temporarily remove the 30/20 rule, in recognition that practitioners might be required to temporarily render more phone services as COVID-19 infections increased across the community. That amendment commenced retrospectively on 1 July 2022, to temporarily cease the introduction of the 30/20 rule. The Government’s intention was that this rule would recommence on 1 October 2022. The recommencement is achieved by the current instrument.

See the Explanatory Statement for the instrument for further information.

The instrument amends item 72814 of the Health Insurance (Section 3C Co-Dependent Pathology Services) Determination 2018 to allow people who have been diagnosed with certain recurrent or metastatic squamous cell carcinoma to be determined for suitability to access pembrolizumab on the Pharmaceutical Benefits Scheme.

• Item 72814, which provides a Medicare benefit for programmed Cell Death Ligand 1 (PD-L1) immunohistochemistry testing of tumour material from a patient diagnosed with non‑small cell lung cancer, will be amended to also include testing of tumour material from a patient diagnosed with recurrent or metastatic squamous cell carcinoma of the oral cavity, pharynx or larynx.

See the Explanatory Statement for the instrument for further information.

The instrument amends the Health Insurance (Section 3C Diagnostic Imaging – Additional Nuclear Medicine Services) Determination 2022 to extend access to temporary item 61644 from 30 September 2022 to 30 June 2023 due to the ongoing supply interruptions and shortages of imported radioisotope, thallium-201 (TI-201).

• Temporary item 61644 is a nuclear medicine item used for cardiac investigation to assess the suitability of patients for cardiac surgery.

See the Explanatory Statement for the instrument for further information.

Amends the Health Insurance (Section 3C Diagnostic Imaging Services – PET and Gallium-67 Services) Determination 2022 to remove the requirement that a service under item 61527 must be requested by a specialist or consultant physician. (See the Explanatory Statement for the instrument for further information.) 

The instrument amends the National Health (Growth Hormone Program) Special Arrangement 2015 to include provision for the supply of two new medicines (mecasermin and somatrogon) for the treatment of children with particular conditions, consistent with recommendations of the Pharmaceutical Benefits Advisory Committee in March 2022. (See the Explanatory Statement for the instrument for further information.)

The instrument amends the National Health (Weighted average disclosed price – October 2022 reduction day) Determination 2022 to reflect the outcomes of a recent review. Specifically, the instrument:

• Inserts the weighted average disclosed price (WADP) into Schedule 1 for the brand of new pharmaceutical item cabazitaxel, solution concentrate for I.V. infusion 60 mg in 3 mL.
• Removes from Schedule 1 and inserts into Schedule 2 WADPs for brands of pharmaceutical items containing certain substances.
• Inserts WADPs into Schedule 2 for certain brands of new pharmaceutical items.

See the Explanatory Statement for the instrument for further information.

Repeals and replaces the Private Health Insurance (Complaints Levy) Rules 2021 to specify the days on which the complaints levy is imposed, and the rate at which it is imposed. The purpose of the complaints levy is to finance the administrative costs of the Private Health Insurance Ombudsman. (See the Explanatory Statement for the instrument for further information.) 

Amends the Private Health Insurance (Complying Product) Rules 2015 and the Private Health Insurance (Benefit Requirements) Rules 2011 to update the nursing-home type patients rates and benefits. (See the Explanatory Statement for the instrument for further information.) 

The instrument repeals and replaces the Therapeutic Goods Information (Database of Adverse Event Notifications) Specification 2012 and specifies kinds of therapeutic goods information that the Secretary may release to the public in relation to adverse events involving medicines and biologicals, which is contained in the Database of Adverse Event Notifications  Database of Adverse Event Notifications, maintained by the Therapeutic Goods Administration (TGA).

The kinds of therapeutic goods information specified may be grouped into two broadly different categories:

• information relating to an adverse event that has been reported to the TGA in relation to a medicine or biological and
• a summary of information relating to adverse events that are reported as having occurred in relation to a medicine or biological.

See the Explanatory Statement for the instrument for further information.

Amends the Therapeutic Goods (Medical Devices—Information that Must Accompany Application for Inclusion) Determination 2018 to specify that an extract from, or copy of, an entry in the Singapore Register of Health Products may accompany an application for inclusion for certain kinds of medical devices in the Australian Register of Therapeutic Goods. This reflects the determination of the Health Sciences Authority of Singapore as a (comparable) overseas regulator under the Therapeutic Goods (Overseas Regulators) Amendment (Singapore) Determination 2022. (See the Explanatory Statement for the instrument for further information.)

Repeals and replaces the Aviation Transport Security (Prohibited Items) Instrument 2012, and specifies a list of prohibited items for the purposes of paragraph (b) of the definition of prohibited item in section 9 of the Aviation Transport Security Act 2004.

• Prohibited items are those which may be used for unlawful interference with aviation and are prohibited on board aircraft or in the sterile areas of airports (beyond security screening points).(See the Explanatory Statement for the instrument for further information.) 

The instrument amends the Broadcasting (Charges) Determination 2017 (the 2017 Determination) to implement the Australian Communications and Media Authority's (ACMA) new broadcasting charges from 1 October 2022.

• The 2017 Determination specifies the charges payable to the ACMA for considering and processing applications for the issue and renewal of a range of broadcasting licences, as well as charges payable for the preparing and giving of opinions on application under section 21 or section 74 of the Broadcasting Services Act 1992.
• The new charges implemented by this instrument resulted from the ACMA’s review of fees and charges across the agency, including broadcasting charges. The review led to the updating of specific fees and charges, as well as the standard hourly rate applied by the ACMA when determining the fees and charges.

See the Explanatory Statement for the instrument for further information.

Repeals and remakes the Broadcasting Services (“Broadcasting Service” Definition — Exclusion) Determination 2019, and expressly excludes a service that makes available television or radio programs using the internet, other than a service that delivers television and radio programs using the broadcasting services bands from the definition of a broadcasting service under section 6 of the Broadcasting Services Act 1992.

• This means that online live simulcast streams of commercial television and radio broadcasters’ channels, live radio streams, and sports streams offered by mobile service providers, would not be considered to be broadcasting services
• The only aspect of the Determination that differs from the 2019 Determination is that it expires in 60 months, rather than 36 months, to provide the Government with time to consider and progress longer-term regulatory reform.

See the Explanatory Statement for the instrument for further information. 

Provides for the approval of the Temora Historic Flight Club Incorporated to conduct air displays. (See the Explanatory Statement for the instrument for further information.) 

Limits the ability of persons who have had a flight crew licence varied, suspended, cancelled or refused on certain grounds from flying an aircraft as a member of a sport aviation organisation. (See the Explanatory Statement for the instrument for further information.) 

Amends CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021, including by repealing and substituting Part 6, to exempt check pilots from provisions of the Civil Aviation Safety Regulations 1998 that require them to hold a flight examiner rating in order to conduct certain operator proficiency checks.(See the Explanatory Statement for the instrument for further information.) 

Amends the CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 and CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 to insert an almost identical additional direction. It also makes an unrelated change to CASA EX86/21 in relation to aerial work certificate holders operating foreign-registered aircraft. It also repeals CASA EX131/19 — Helicopter Aircrew Members Instrument 2019. (See the Explanatory Statement for the instrument for further information.) 

Amends CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX83/21) to remove an unnecessary and inadvertent requirement for duplication of certain training.

• Prior to amendment, CASA EX83/21 stipulated that a person (an applicant) obtains approval to conduct flight and cabin crew training by successfully demonstrating to CASA the conduct of the relevant training.
• This demonstration normally involves the applicant ‘training’ actual flight crew or cabin crew who require such training (the trainees).
• However, legally, the trainees who have been ‘trained’ during the demonstration have been trained by an applicant for approval, and not by an approved person, even though, at the end of the successful demonstration, the applicant is approved.
• Consequently, the trainees must undergo a repetition of the training they had already received, but this time by a legally approved person.
• The purpose of the instrument is to, in effect, allow the training conducted by the successful applicant for approval to be valid for the trainees and not require repetition.

See the Explanatory Statement for the instrument for further information.

Amends the Norfolk Island Continued Laws Ordinance 2015 to insert a new section into the Employment Act 1988 (NI) to declare the National Day of Mourning following the death of Her Majesty The Queen, as a one-off public holiday on Norfolk Island to be observed on 22 September 2022. (See the Explanatory Statement for the instrument for further information.)

The instrument amends Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018 (‘Part 149 MOS’) to provide for certain sport and recreation aircraft to come within the scope of the aviation administration functions prescribed by the Part 149 MOS.

• The particular sport and recreation aircraft that are subject to these amendments are those aircraft that are intended to be regulated under Part 103 of the Civil Aviation Safety Regulations 1998 (CASR), and that are currently administered by sport aviation bodies that are not approved self-administering aviation organisations (ASAOs) under Part 149 of CASR.
• The effect of the instrument is that a sport aviation body or other person will be able to apply for a Part 149 MOS certificate to administer aircraft under CASR.
• The instrument also provides for the airworthiness of an emergency parachute to be an aviation administration function.
• See the Explanatory Statement for the instrument for further information.

Amends Radiocommunications (Allocation of Transmitter Licences – High Powered Open Narrowcasting Licences) Determination 2014 (2014 Determination) to make a minor amendment to change the reference to the Radiocommunications (Charges) Determination 2017 to the Radiocommunications (Charges) Determination 2022 (see instrument below). The 2014 instrument provides a price-based allocation system for the allocation of high powered open narrowcasting (HPON) licences. (See the Explanatory Statement for the instrument for further information.) 

Specifies the charges payable to the Australian Communications and Media Authority (ACMA) for considering and processing applications for the issue and renewal of a range of licences as well as charges payable for other services provided by the ACMA, or for expenses incurred by the ACMA, under the Australian Communications and Media Authority Act 2005, the Radiocommunications Act 1992 and instruments made under the Radiocommunications Act. (See the Explanatory Statement for the instrument for further information.) 

Repeals the Radiocommunications (Digital Radio Multiplex Transmitter Licences – Application Fee) Determination 2012 and specifies the fee payable to the Australian Communications and Media Authority (ACMA) for an application for a foundation category 1 digital radio multiplex transmitter licence and a foundation category 2 digital radio multiplex transmitter licence. (See the Explanatory Statement for the instrument for further information.) 

The instrument repeals the Radiocommunications (Police Forces – Disruption of Unmanned Aircraft) Exemption Determination 2020, which was due to self-repeal on 10 October 2022, and provides for a new exemption to ensure that the functions and duties of police forces are not interrupted by the repeal of the 2020 exemption.

• The instrument provides 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 in relation to the use of counter-drone devices.

See the Explanatory Statement for the instrument for further information.

Sets the amount of charge imposed on an application for a carrier licence for the purposes of subsection 9(1) of the Telecommunications (Carrier Licence Charges) Act 1997 at $2,708. (See the Explanatory Statement for the instrument for further information.) 

The instrument sets out fees for a number of services provided by the Australian Communications and Media Authority  (ACMA) to the telecommunications industry.

• The instrument replaces the Telecommunications (Charges) Determination 2012, which sunsets on 1 October 2022.
• For the calculation of fees and charges, the ACMA applied its standard hourly rate and monthly survey information obtained in the 2020-21 financial year on the average time taken by a proficient officer to perform an activity. The ACMA’s standard hourly rate has been updated to reflect its current costs and as a result it has increased from $202 to $226 per hour, i.e., a 11.9% increase.

See the Explanatory Statement for the instrument for further information.

The instrument amends the Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015 (Charges Determination).

• Since August 2015, the majority of the Australian Communications and Media Authority's (ACMA) telephone numbering allocation and administration functions have been provided under delegation by ZOAK Pty Ltd (ZOAK).
• In June 2015, the ACMA made the Charges Determination, which set allocation charges for telephone numbers in accordance with the Telecommunications (Numbering Charges) Act 1997. The charges were intended to recover the cost of the provision of telephone numbering services under the contract with ZOAK.
• The charges under the Charge Determination have been unchanged since 2017. As a result of a continued downward trend in demand from users, revenue generated from the current fee of $35.00 per transaction has been insufficient to meet the cost of the contract and has resulted in a cumulative under-recovery as of June 2022 of $0.26 million, which is estimated to increase to $0.4 million by the end of the ACMA’s contract with the outsourced provider of the telephone numbering service in 2024.
• The fee required to achieve neutral cumulative cost recovery by 2024, noting the forecast decline in demand, is $57.00. Consequently, the ACMA has decided to increase the flat-fee allocation charge to $57.00.

See the Explanatory Statement for the instrument for further information.

Ensures that an amount paid by BT Funds Management Limited, as the trustee of Retirement Wrap ABN 39 827 542 991 Unique Superannuation Identifier BTA0287AU, as a ‘BT Funds Management Limited Remediation Payment’ to a person is an ‘exempt lump sum’ under paragraph 8(11)(d) of the Social Security Act 1991.

• A BT Funds Management Limited Remediation Payment is a lump sum payment made by BT Funds Management Limited to, or on behalf of, a person whose social security payment was affected by BT Funds Management Limited incorrectly reporting gross annual income amounts to the Secretary, or his or her delegate, for the purposes of the social security law. (See the Explanatory Statement for the instrument for further information.) 

The instrument repeals and remakes the Social Security Regulation 2012 and specifies particular ‘humanitarian purposes’ relating to overseas portability of certain social security payments.

• If a recipient of jobseeker payment, youth allowance (other than a full-time student), special benefit or disability support pension is temporarily absent overseas for a ‘humanitarian purpose’, their payment may be continued for a certain period during that absence.
• The term ‘humanitarian purpose’ is defined in section 1212B of the Social Security Act 1991. The definition allows such a purpose to be specified in regulations. The purposes specified by the Regulations are competing and qualifying for the Paralympic Games, and attending an approved memorial service. 
• These are the same purposes specified in the 2012 Regulation.

See the Explanatory Statement for the instrument for further information.

Amends several other instruments to implement temporary measures to assist unlisted entities affected by the impacts of COVID-19 by allowing them up to one additional month to complete financial reports and have those reports audited, and for unlisted public companies to hold an Annual General Meeting. (See the Explanatory Statement for the instrument for further information.) 

Provides relief from the requirement to provide a Cash Settlement Fact Sheet (CSFS) or other notification documents to general insurance claimants or policyholders where there is a risk of family violence. Insurance policies are often held jointly by family members or third party beneficiaries who are family members of the holder or client (together, the insured). When an insurance claim is settled or offered to be settled for these insurance policies, the required notifications must be provided to each insured under the policy. In certain circumstances, providing these notifications may create a risk that a person experiences family violence.

• The exemption applies where the providing entity reasonably believes giving notification   would pose an unacceptable risk of a person experiencing family violence. The exemption is subject to a condition to keep a written record of the reasons for their reasonable belief for three years. (See the Explanatory Statement for the instrument for further information.) 

Imposes specific financial requirements on Australian financial services (AFS) licensees that are authorised to make a market in over-the-counter (OTC) derivatives to retail clients. It preserves the effect of ASIC Class Order [CO 12/752], which was due to sunset on 1 October 2022 (see instrument immediately below), by modifying the Corporations Act 2001 to insert section 912AB. Section 912AB requires retail OTC derivative issuers to comply with additional provisions set out in the instrument as part of satisfying the obligation to have adequate financial resources under paragraph 912A(1)(d) of the Corporations Act 2001. (See the Explanatory Statement for the instrument for further information.) 

Repeals the ASIC Class Order [CO 12/752], which was introduced in 2012 and was due to expire or ‘sunset’ on 1 October 2022. It imposes specific financial requirements on Australian financial services (AFS) licensees that are authorised to make a market in over-the-counter (OTC) derivatives to retail clients. Following consultation, ASIC considered that CO 12/752 was operating effectively and efficiently to achieve its objectives and continued to form a necessary and useful part of the legislative framework. As a result, CO 12/752 has been remade as a legislative instrument (see instrument discussed immediately above) with only minor drafting changes to reflect ASIC’s current style and format, remove redundant provisions and update definitions, while preserving the current effect of the instrument. The Instrument has been remade for a period of five years.

• This instrument repeals CO 12/752 ahead of its automatic repeal on 1 October 2022. (See the Explanatory Statement for the instrument for further information.) 

The ASIC Market Integrity Rules (Securities Markets) 2017 (Rules) sets out market integrity rules, including in relation to Equity Market Products (which are defined in rule 1.4.3 of the Rules to include shares or rights to acquire shares). Under subrule 6.2.1(4), ASIC may determine Tier 1 Equity Market Products and Tier 2 Equity Market Products by instrument in writing. These definitions are relevant to whether a transaction is considered to be a Block trade. These tiers are currently determined under the ASIC Market Integrity Rules (Securities Markets) Determination 2022, which is to be repealed (see instrument discussed immediately below). The ASIC Market Integrity Rules (Securities Markets) Determination 2022/787 will maintain the existing settings. (See the Explanatory Statement for the instrument for further information.) 

Repeals ASIC Market Integrity Rules (Securities Markets) Determination 2022/482, which will be superseded by ASIC Market Integrity Rules (Securities Markets) Determination 2022/787 (see instrument discussed immediately above). (See the Explanatory Statement for the instrument for further information.) 

Provides that certain information given to the Australian Prudential Regulation Authority (APRA) under specified reporting standards is non-confidential. APRA is able to make such a determination if it considers that the benefit to the public from the disclosure of the document, or information contained in the document, outweighs any detriment to commercial interests that the disclosure may cause. The Government advises that the information which is determined by the instrument to be non-confidential will form the basis of statistical publications which will be of use to regulators, policymakers, industry, researchers, analysts and other interested parties and will ultimately promote greater transparency, best-practice and accountability across the superannuation industry. (See the Explanatory Statement for the instrument for further information.) 

The instrument revokes Prudential Standard APS 001 Definitions made under Banking (prudential standard) determination No. 2 of 2017 and determines a new Prudential Standard APS 001 Definitions, which applies to all authorised deposit-taking institutions (ADIs) and authorised non-operating holding companies (NOHCs).

• The instrument, in combination with the Life Insurance (prudential standard) determination No. 1 of 2022 (this instrument is discussed below), Insurance (prudential standard) determination No. 6 of 2022 (discussed below)and the Health Insurance (prudential standard) determination No. 1 of 2022 (discussed below), revokes the four existing definitions standards for banking and insurance (standards) and replaces them with corresponding standards which incorporate the appropriate amendments.
• Under the prudential standards, entities determined to be significant financial institutions (SFIs) are subject to higher requirements, compared to those entities that are not SFIs (non-SFIs). SFIs are entities with assets above a certain size or entities determined as such by APRA, taking into account matters such as complexity and group membership.   
• In the new versions of each standard, the definitions of SFIs and non-SFIs have been included. Other definitions have also been included.

See the Explanatory Statement for the instrument for further information.

The instrument allows energy retailers to voluntarily participate early in the consumer data right scheme (including for systems testing), ahead of data sharing obligations coming into force.

• Under section 12 of the Consumer Data Right (Energy Sector) Designation 2020, retailers in the energy sector are specified as data holders for specified types of Consumer Data Right data (CDR data) relating to energy customers.
• Disclosure of this information will be possible under the Competition and Consumer (Consumer Data Right) Rules 2020 (the Rules), but not until after 15 November 2022. Earlier disclosure of information will be made possible in future amendments.
• Until then, the instrument modifies the Rules to allow data holders with the earliest deadlines for mandatory data sharing (initial and larger retailers in the energy sector) to voluntarily disclose CDR data pursuant to a valid request prior to 15 November 2022.

See the Explanatory Statement for the instrument for further information.

The instrument repeals section 6 and amends subsection 5(2) of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014 (the Principal Regulation) to delay the required start date of the second review of the Port Terminal Access (Bulk Wheat) Code of Conduct (the Code, which is at Schedule 1 to the Principal Regulations) to no later than 3 years after the commencement of the instrument.

• Prior to the commencement of this instrument, subsection 5(2) of the Principal Regulation provided that a review of the Code was required to begin within three years of the commencement of that subsection.
• In accordance with this requirement, the 2018 Review of the Wheat Port Access Code of Conduct (the First Review) was released on 18 October 2018. The First Review also noted that section 6 of the Principal Regulation requires a second review of the Code to commence no later than 30 September 2022.
• However, the recommendations of the First Review have not yet been implemented.
• Given this, the instrument delays the commencement of a second review of the Code so that the Code can operate for a sufficient period to allow evidence to be gathered on its efficacy, to ensure that a second review is meaningful for stakeholders.

See the Explanatory Statement for the instrument for further information.

Amends the Currency (Australian Coins) Determination 2019 to determine the characteristics of 4 new non-circulating coins proposed to be issued by the Royal Australian Mint. (See the Explanatory Statement for the instrument for further information.) 

Sets the rate of road user charge at 27.2 cents per litre (up from 26.4 cents per litre) of taxable fuel (or 36.3 cents per kilogram (up from 35.3 cents per kilogram) for fuels sold in gaseous form) and revokes the Fuel Tax (Road User Charge) Determination 2021 and the Fuel Tax (Road User Charge—Gaseous Fuels) Determination 2021. (See the Explanatory Statement for the instrument for further information.) 

The instrument revokes Health Insurance (prudential standard) determination No. 2 of 2018, which includes Prudential Standard HPS 001 Definitions as a schedule, and determines a new Prudential Standard HPS 001 Definitions (HPS 001), which applies to all private health insurers.

• The instrument, in combination with the Banking (prudential standard) determination No. 2 of 2022 (this instrument is discussed above), the Insurance (prudential standard) determination No. 6 of 2022 (discussed below) and the Life Insurance (prudential standard) determination No. 1 of 2022 (discussed below), revokes the four existing definitions standards for banking and insurance (standards) and replaces them with corresponding standards which incorporate the appropriate amendments.
• Under the prudential standards, entities determined to be significant financial institutions (SFIs) are subject to higher requirements, compared to those entities that are not SFIs (non-SFIs). SFIs are entities with assets above a certain size or entities determined as such by APRA, taking into account matters such as complexity and group membership.   
• In the new versions of each standard, the definitions of SFIs and non-SFIs have been included. Other definitions have also been included.

See the Explanatory Statement for the instrument for further information.

Revokes the Insurance (prudential standard) determination No. 5 of 2022, which includes the Prudential Standard GPS 001 Definitions as a schedule, and determines new Prudential Standard GPS 001 Definitions, which applies to all general insurers and authorised non-operating holding companies (NOHCs), and (in specified circumstances) their subsidiaries.

• The instrument, in combination with the Banking (prudential standard) determination No. 2 of 2022 (this instrument is discussed above), the Health Insurance (prudential standard) determination No. 1 of 2022 (discussed above), and the Life Insurance (prudential standard) determination No. 1 of 2022 (discussed below), revokes the four existing definitions standards for banking and insurance (standards) and replaces them with corresponding standards which incorporate the appropriate amendments.
• Under the prudential standards, entities determined to be significant financial institutions (SFIs) are subject to higher requirements, compared to those entities that are not SFIs (non-SFIs). SFIs are entities with assets above a certain size or entities determined as such by APRA, taking into account matters such as complexity and group membership.   
• In the new versions of each standard, the definitions of SFIs and non-SFIs have been included. Other definitions have also been included. (See the Explanatory Statement for the instrument for further information.) 

The instrument revokes the Life Insurance (prudential standard) determination No. 2 of 2018, which includes the Prudential Standard LPS 001 Definitions as a schedule, and determines new Prudential Standard LPS 001 Definitions, which applies to all life companies, including friendly societies, and registered non-operating holding companies (registered NOHCs) and subsidiaries of life companies or registered NOHCs.

• The instrument, in combination with the Banking (prudential standard) determination No. 2 of 2022, the Insurance (prudential standard) determination No. 6 of 2022 and the Health Insurance (prudential standard) determination No. 1 of 2022 (all of which are discussed above), revokes the four existing definitions standards for banking and insurance (standards) and replaces them with corresponding standards which incorporate the appropriate amendments.
• Under the prudential standards, entities determined to be significant financial institutions (SFIs) are subject to higher requirements, compared to those entities that are not SFIs (non-SFIs). SFIs are entities with assets above a certain size or entities determined as such by APRA, taking into account matters such as complexity and group membership.   
• In the new versions of each standard, the definitions of significant financial institutions (SFIs) and non-significant financial institutions (non-SFIs) have been included. Other definitions have also been included.

See the Explanatory Statement for the instrument for further information.

Repeals and replaces Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2018 and exempts specified classes of entities from reporting on certain classes of transactions relating to shares and units. (See the Explanatory Statement for the instrument for further information.)