What it does:

Other Details:

Defers the sunsetting date of the Banking (prudential standard) determination No. 10 of 2012—Prudential Standard APS 117 Capital Adequacy: Interest Rate Risk in the Banking Book (Advanced ADIs) (Determination No. 10) by 24 months from 1 April 2023 to 1 April 2025.

In December 2010, the Basel Committee on Banking Supervision released a package of reforms, known as Basel III, to raise the level and quality of regulatory capital in the global banking system. Since September 2011, the Australian Prudential Regulation Authority (APRA) has been consulting on proposals to implement the major elements of these reforms in Australia. The Banking (Prudential Standard) Determination forms part of APRA’s consultations to implement the Basel III reforms. Following approval by APRA’s internal governance committee, APRA now intends to consult further on a draft revised Banking (Prudential Standard) Determination and delay commencement of the revised standard from 1 January 2024 until 1 January 2025. Until the revised Banking (Prudential Standard) Determination commences, authorised deposit-taking institutions (ADIs) will be required to comply with the current Banking (Prudential Standard) Determination. Accordingly, the current instrument is required to be in force until 1 January 2025, at which time it will be actively revoked by the legislative instrument which will also determine the revised Banking (Prudential Standard) Determination.

Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is automatically repealed on 1 April or 1 October immediately on or following the tenth anniversary of its registration. Under paragraph 51(1)(c) of the Legislation Act the Attorney-General can issue a certificate to defer the sunsetting day of an instrument for a period of either 6, 12, 18 or 24 months. The instrument will then be repealed on the day specified in the certificate instead of the previously scheduled sunsetting day.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01269]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 30 September 2022
Made under: paragraph 51(1)(c) of the Legislation Act 2003
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:

• Basel Committee on Banking Supervision, The Basel Framework, 9 November 2021.

What it does:

Other Details:

Defers the sunsetting date of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 by 24 months from 1 April 2024 to 1 April 2026. The deferral will allow the Department of Industry, Science and Resources to implement the recommendations of a number of thematic reviews of the instruments.

Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is automatically repealed on 1 April or 1 October immediately on or following the tenth anniversary of its registration. Under paragraph 51(1)(c) of the Legislation Act the Attorney-General can issue a certificate to defer the sunsetting day of an instrument for a period of either 6, 12, 18 or 24 months. The instrument will then be repealed on the day specified in the certificate instead of the previously scheduled sunsetting day.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 28 September 2022 [F2022L01266]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 29 September 2022
Made under: subsection 51(1)(c) of the Legislation Act 2003
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Offshore oil and gas exploration and development requirements’, Department of Industry, Science and Resources.
• ‘Offshore greenhouse gas storage’, Department of Industry, Science and Resources.

What it does:

Other Details:

Aligns the sunsetting day of the Lady Elliot Island Lightstation Heritage Management Plan and the Dent Island Lightstation Heritage Management Plan to 1 April 2024.

• The original sunset date of the Lady Elliot Island Lightstation Heritage Management Plan was 1 October 2022.
• The original sunset date of the Dent Island Lightstation Heritage Management Plan was 1 April 2024.

Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is automatically repealed on 1 April or 1 October immediately on or following the tenth anniversary of its registration. Under subsection 51A(1) of the Legislation Act, the Attorney-General may issue a declaration aligning the sunsetting days of two or more instruments in specified circumstances.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01273]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 30 September 2022
Made under: Subsection 51A(1) of the Legislation Act 2003
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources: none identified

What it does:

Other Details:

Aligns the sunsetting day of the following three national health instruments to 1 April 2024:

• National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011, which was due to sunset on 1 April 2024. That instrument provides funding for chemotherapy medicines and certain medicines used to manage side-effects associated with chemotherapy medicines.
• National Health (Listing of Pharmaceutical Benefits) Instrument 2012 which would otherwise sunset on 1 October 2022. That instrument effects changes to the Schedule of Pharmaceutical Benefits, which lists products available under the Pharmaceutical Benefits Scheme.
• National Health (Prescriber bag supplies) Determination 2012 which would otherwise sunset on 1 October 2022. That instrument lists certain drugs and prescribes limits to the quantities in which medical practitioners are able to obtain these drugs.

Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is automatically repealed on 1 April or 1 October immediately on or following the tenth anniversary of its registration. Under subsection 51A(1) of the Legislation Act, the Attorney-General may issue a declaration aligning the sunsetting days of two or more instruments in specified circumstances.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01271]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 30 September 2022
Made under: subsection 51A(1) of the Legislation Act 2003
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 

What it does:

Other Details:

Specifies certain positions in the Department of Home Affairs and the Attorney-General's Department as Communications Access Co-ordinators under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (the Act).

• Communications Access Co-ordinators are the primary point of liaison for interception agencies and telecommunications carriers and carriage service providers in relation to telecommunications interception and data retention issues. They are empowered under the Act to do various things, including granting exemptions from data retention obligations (section 187K), granting exemptions from the obligations regarding interception of communications (section 192), notifying certain agencies of proposed changes to telecommunications services and systems (section 202C) and to make determinations relating to the interception of information by interception agencies (section 203).

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 5 October 2022 [F2022L01321]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate:  25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 6 October 2022
Made under: subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Telecommunications interception and surveillance’, Department of Home Affairs.

What it does:

Other Details:

The instrument repeals the Telecommunications (Interception and Access) (Emergency Service Facilities – Tasmania) Instrument 2012 and removes an emergency service facility operated by Tasmania Fire Service in Launceston. It also sets out the details of emergency service facilities in Tasmania as declared by the Minister.

• The instrument also gives legal effect to facilities taking emergency calls operated by relevant forces and services in Tasmania, to ensure that those forces and services in Tasmania can lawfully intercept communications without the requirement to obtain consent.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01288]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 1 October 2022
Made under: subsection 6(2D) of the Telecommunications (Interception and Access) Act 1979
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).
Committee comment: none identified
Commentary: none identified
Resources:  none identified

What it does:

Other Details:

The instrument jointly-makes, with the states of Victoria, Queensland, Western Australia and Tasmania, a Recovery Plan for twenty listed threatened species of albatross and petrel. The instrument also provides for the research and management actions necessary to stop the decline and support the recovery of the listed species so that their chances of long-term survival in nature are maximised.

• The listed species face a range of threats to their long-term survival on land, particularly habitat degradation and predation by feral species, and at sea, particularly being incidental catch during fishing operations.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01285]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 1 October 2022
Made under: subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Recovery Plans made or adopted under the EPBC Act’, Department of Climate Change, Energy, the Environment and Water.
• Sophie Power, Environment Protection and Biodiversity Conservation Act 1999: a quick guide, Research paper series, 2018–19, (Canberra, Parliamentary Library, 2019). 

What it does:

Other Details:

Amends the List of Specimens Taken to be Suitable for Live Import (29/11/2001) by including Acaciothrips ebneri (a gall thrip) in Part 1 of the List. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the Environment Protection and Biodiversity Conservation Act 1999.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 25 October 2022 [F2022L01396]
Tabled in House of Representatives: 26 October 2022
Tabled in Senate: 27 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 26 October 2022
Made under: subparagraph 303EC(1)(a)(i) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Acaciothrips ebneri for the biological control of Vachellia nilotica subsp. indica’, Department of Agriculture, Fisheries and Forestry.

What it does:

Other Details:

The instrument amends the list of threatened ecological communities by including Ben Halls Gap Sphagnum Moss Cool Temperate Rainforest (Ben Halls Gap) in the Critically Endangered category, as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the endangered category under subsection 182(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act).

• Under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), the Minister must, by legislative instrument, establish a list of threatened ecological communities (List) divided into the following categories: critically endangered; endangered; and vulnerable. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.
• The Committee concluded that the Ben Halls Gap met the criteria for listing threatened ecological communities specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000 because its geographic distribution is very restricted, and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future, and because its rate of continuing detrimental change is very severe as indicated by intensification, across most of its geographic distribution in degradation, or disruption of important community processes, that is very severe.
• On the basis of the assessment and advice of the Committee, the Minister was satisfied that this ecological community is eligible to be included in the critically endangered category.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01314]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 5 October 2022
Made under: paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:

• Raffaella Ciccarelli, ‘New species declared endangered as government unveils ‘Action Plan’ to save them’, 9NEWS, 4 October 2022.
• Candice Marshall, ‘‘No new extinctions’: Federal government vows to protect ever-growing list of threatened native species’, Australian Geographic, 4 October 2022.

Resources:

• ‘Ben Halls Gap Sphagnum Moss Cool Temperate Rainforest’, Department of Climate Change, Energy, the Environment and Water.
• ‘EPBC Act List of Threatened Ecological Communities’, Department of Climate Change, Energy, the Environment and Water.

What it does:

Other Details:

The instrument amends the list of threatened ecological communities by including Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions (the Bioregions) in the Endangered category, as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the endangered category under subsection 182(2) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act).

• Under section 181 of the Act, the Minister must, by legislative instrument, establish a list of threatened ecological communities (List) divided into the following categories: critically endangered; endangered; and vulnerable. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.
• The Committee concluded that the Bioregions met the criteria for listing threatened ecological communities specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, because the decline in geographic distribution of the Bioregions is severe, and because the reduction in integrity across most of the Bioregions’ geographic distribution is severe, as indicated by degradation of the community or its habitat or disruption of important community processes, that is severe.
• On the basis of the assessment and advice of the Committee, the Minister was satisfied that this ecological community is eligible to be included in the endangered category.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01313]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 5 October 2022
Made under: paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions’, Department of Climate Change, Energy, the Environment and Water.
• ‘EPBC Act List of Threatened Ecological Communities’, Department of Climate Change, Energy, the Environment and Water.

What it does:

Other Details:

Amends the list of threatened ecological communities by including Mount Kaputar land snail and slug community in the Endangered category, where the Threatened Species Scientific Committee determined that this community met the criteria as specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000.

• Under section 181 of the Act, the Minister must, by legislative instrument, establish a list of threatened ecological communities (List) divided into the following categories: critically endangered; endangered; and vulnerable. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01319]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 5 October 2022
Made under: section 181 and paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999.
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Mount Kaputar land snail and slug community’, Department of Climate Change, Energy, the Environment and Water.
• ‘Threatened Species Scientific Committee’, Department of Climate Change, Energy, the Environment and Water.
• ‘EPBC Act List of Threatened Ecological Communities’, Department of Climate Change, Energy, the Environment and Water.

What it does:

Other Details:

Amends the list of threatened species by including one species in the Endangered category and transferring one species from the Vulnerable category to 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 (List) separated into the following categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.

The instrument makes the following amendments to the List:

• Pomaderris gilmourii var. gilmourii (a shrub) is included in the Endangered category in the List.
• Pomaderris gilmourii var. cana is transferred from the Vulnerable category to the Critically Endangered category. Also known as Grey Deua Pomaderris; a shrub.

Pomaderris gilmourii var gilmourii and Pomaderris gilmourii var cana are considered threatened due to inappropriate fire regimes, climate change, invasive species, and disease.

See the Explanatory Statement  for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01316]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 5 October 2022
Made under: Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Threatened species under the EPBC Act’, Department of Climate Change, Energy, the Environment and Water.
• ‘Pomaderris gilmourii var. gilmourii’, Department of Climate Change, Energy, the Environment and Water.
• ‘Pomaderris gilmourii var. cana — Grey Deua Pomaderris’, Department of Climate Change, Energy, the Environment and Water.

What it does:

Other Details:

The instrument amends the list of threatened species by including four plant species in the 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 (List) separated into the following categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.
• Specifically, the instrument adds bertya sp. Clouds Creek (M. Fatemi 4), calochilus pulchellus, chiloglottis anaticeps and macrozamia johnsonii to the Endangered category in the List.
• Bertya sp. Clouds Creek (M. Fatemi 4), is considered threatened due to habitat disturbance and modification, invasive species and climate change.
• Calochilus pulchellus is considered threatened due to habitat loss and disturbance, invasive species, and climate change.
• Chiloglottis anaticeps is considered threatened due to introduced species, habitat loss, habitat disturbance and modification, pollinator rarity and climate change.
• Macrozamia johnsonii is considered threatened due to habitat loss and degradation, inappropriate fire regimes, climate change, disease and infestation by native insect species, and illegal collection.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01312]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 5 October 2022
Made under: section 184 of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:

• Raffaella Ciccarelli, ‘New species declared endangered as government unveils ‘Action Plan’ to save them’, 9NEWS, 4 October 2022.
• Imma Perfetto, ‘New Threatened Species Action Plan aims for no new extinctions, but the funding is nowhere near adequate’, Cosmos Magazine, 4 October 2022.
• Candice Marshall, ‘No new extinctions’: Federal government vows to protect ever-growing list of threatened native species’, Australian Geographic, 4 October 2022.

Resources:

• ‘Bertya sp. Clouds Creek (M. Fatemi 4)’, Department of Climate Change, Energy, the Environment and Water.
• ‘Calochilus pulchellus — Pretty Beard Orchid, Pretty Beard-orchid’, Department of Climate Change, Energy, the Environment and Water.
• ‘Chiloglottis anaticeps — Duck's-head Wasp-orchid’, Department of Climate Change, Energy, the Environment and Water.
• ‘Macrozamia johnsonii’, Department of Climate Change, Energy, the Environment and Water.
• Sophie Calabretto and Matthew Agius, ‘The threatened species list: what does it do for animals and plants?’, Cosmos Magazine, 1 September 2022.  

What it does:

Other Details:

The instrument amends the list of threatened species by transferring two plant species from the Endangered category to the Critically Endangered category and by transferring one plant species from the Vulnerable category to the 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 (List) separated into the following categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.
• The instrument transfers banksia montana and darwinia collina by deleting those species from the Endangered category in the List and including them in the Critically Endangered category in the List.
• Banksia montana is considered threatened due to habitat disturbance and modification, disease, invasive and native species and climate change.
• Darwinia collina is considered threatened due to habitat loss, disturbance and modification impacts, disease, climate change, interactions with native species and invasive species.
• The instrument also transfers corokia whiteana by deleting the species from the Vulnerable category in the List and including it in the Endangered category in the List.
• Corokia whiteana is considered threatened due to climate change, inappropriate fire regimes, invasive species and habitat loss, degradation, or fragmentation.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01308]
Tabled in House of Representatives: 25 October 2022
Tabled in Senate: 25 October 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 5 October 2022
Made under: section 184 of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:

• ‘Threatened species under the EPBC Act’, Department of Climate Change, Energy, the Environment and Water.
• ‘Banksia montana — Stirling Range Dryandra’, Department of Climate Change, Energy, the Environment and Water.
• ‘Darwinia collina — Yellow Mountain Bell’, Department of Climate Change, Energy, the Environment and Water.
• ‘Corokia whiteana’, Department of Climate Change, Energy, the Environment and Water.
• Sophie Calabretto and Matthew Agius, ‘The threatened species list: what does it do for animals and plants?’, Cosmos Magazine, 1 September 2022.

What it does:

Other Details:

The instrument amends the list of threatened species by including one species in the Critically Endangered category, including two species in the Endangered category and including one species in the Vulnerable 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 (List) separated into the following categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.
• The instrument places melanotaenia sp. nov. (malanda) in the Critically Endangered category.
• Melanotaenia sp. nov. (malanda) (a fish) is considered threatened due to introduced species, habitat loss, disturbance and modification and climate change.
• The instrument also places stagonopleura bella samueli and hemiaspis damelii in the Endangered category.
• Stagonopleura bella samueli (a bird) is considered threatened due to fire regimes that cause declines in biodiversity, climate change, habitat loss, degradation and fragmentation and invasive species.
• Hemiaspis damelii (a snake) is considered threatened due to agricultural practices, water management, invasive species, mining activities and fire regimes which cause declines in biodiversity.
• Finally, the instrument places notamacropus parma in the Vulnerable category.
• Notamacropus parma (a wallaby) is considered threatened due to habitat loss, disturbance and modification, invasive species and climate change.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01311]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Climate Change, Energy, the Environment and Water

Commencement: 5 October 2022

Made under: paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary:

• Raffaella Ciccarelli, ‘New species declared endangered as government unveils ‘Action Plan’ to save them’, 9NEWS, 4 October 2022.
• George Hyde, ‘Species added to endangered list as government announces conservation plan’, The New Daily, 4 October 2022.
• Imma Perfetto, ‘New Threatened Species Action Plan aims for no new extinctions, but the funding is nowhere near adequate’, Cosmos Magazine, 4 October 2022.
• Candice Marshall, ‘‘No new extinctions’: Federal government vows to protect ever-growing list of threatened native species’, Australian Geographic, 4 October 2022.

Resources:

• ‘Threatened species under the EPBC Act’, Department of Climate Change, Energy, the Environment and Water.
• ‘Melanotaenia sp. nov. 'Malanda' — Malanda Rainbowfish’, Department of Climate Change, Energy, the Environment and Water.
• ‘Stagonopleura bella samueli — Western Beautiful Firetail, Beautiful Firetail (Mt Lofty Range and Kangaroo Island)’, Department of Climate Change, Energy, the Environment and Water.
• ‘Hemiaspis damelii — Grey Snake’, Department of Climate Change, Energy, the Environment and Water.
• ‘Notamacropus parma — Parma Wallaby’, Department of Climate Change, Energy, the Environment and Water.
• Sophie Calabretto and Matthew Agius, ‘The threatened species list: what does it do for animals and plants?’, Cosmos Magazine, 1 September 2022. 

What it does:

Other Details:

The instrument amends the list of threatened species by including four species in the Critically Endangered category and two species in the 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 (List) separated into the following categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List is contained in 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.
• Section 184 of the Act allows the Minister to amend the list by including items within the List and transferring items to different categories in the List.
• The instrument adds androcalva perkinsiana, asterolasia asteriscophora subsp. Albiflora, ctenotus serotinus and prasophyllum litorale to the Critically Endangered category.
• Androcalva perkinsiana (a plant) is considered threatened due to habitat disturbance and modification, inappropriate fire regimes, invasive species, small populations and climate change.

–     Asterolasia asteriscophora subsp. albiflora (a plant) is considered threatened due to habitat loss and degradation, invasive species, disease, inappropriate fire regimes and climate change.

–     Ctenotus serotinus (a skink) is considered threatened due to inappropriate fire regimes, invasive species, livestock grazing and climate change.

–     Prasophyllum litorale (a herb) is considered threatened due to habitat loss, disturbance and modification, invasive species, disease and climate change.

• The instrument also adds denhamia megacarpa and keyacris scurra to the Endangered category.
• Denhamia megacarpa (a plant) is considered threatened due to habitat loss, disturbance and modification, invasive species and climate change.

–     Keyacris scurra (an insect) is considered threatened due to habitat loss, disturbance and modification, invasive species, small population size and climate change.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01315]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Climate Change, Energy, the Environment and Water

Commencement: 5 October 2022

Made under: section 184 of the Environment Protection and Biodiversity Conservation Act 1999

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary:

• Raffaella Ciccarelli, ‘New species declared endangered as government unveils ‘Action Plan’ to save them’, 9NEWS, 4 October 2022.
• Candice Marshall, ‘‘No new extinctions’: Federal government vows to protect ever-growing list of threatened native species’, Australian Geographic, 4 October 2022.

Resources:

• ‘Androcalva perkinsiana — Headland Commersonia’, Department of Climate Change, Energy, the Environment and Water.
• ‘Asterolasia asteriscophora subsp. albiflora — White Star-bush’, Department of Climate Change, Energy, the Environment and Water.
• ‘Ctenotus serotinus — Gravel Downs Ctenotus’, Department of Climate Change, Energy, the Environment and Water.
• ‘Prasophyllum litorale — Coastal Leek Orchid’, Department of Climate Change, Energy, the Environment and Water.
• ‘Denhamia megacarpa — Large-fruited Denhamia’, Department of Climate Change, Energy, the Environment and Water.
• ‘Keyacris scurra — Key's Matchstick Grasshopper’, Department of Climate Change, Energy, the Environment and Water.
• Sophie Calabretto and Matthew Agius, ‘The threatened species list: what does it do for animals and plants?’, Cosmos Magazine, 1 September 2022. 

What it does:

Other Details:

The instrument is a written management plan to provide for the protection and management of the values of the Smoky Cape Lighthouse (the Lighthouse).

• The instrument provides for the future management of the Lighthouse by the Australian Maritime Safety Authority (AMSA), with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values.
• The Government advises that the instrument addresses all matters prescribed by Schedule 7A  of the Environment Protection and Biodiversity Conservation Regulations 2000 and is consistent with the Commonwealth Heritage Management Principles set out in Schedule 7B  of those Regulations.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 11 October 2022 [F2022L01334]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Climate Change, Energy, the Environment and Water

Commencement: Not stated in the instrument, but in accordance with subsection 12(1) of the Legislation Act 2003 it appears to commence on 12 October 2022.

Made under: section 341S of the Environment Protection and Biodiversity Conservation Act 1999

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument for further information).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Smoky Cape Lighthouse’, NSW National Parks and Wildlife Service.
• ‘About’, Australian Maritime Safety Authority.
• ‘Australia’s Commonwealth Heritage List’, Department of Climate Change, Energy, the Environment and Water.
• ‘Managing Commonwealth Heritage places’, Department of Climate Change, Energy, the Environment and Water.

What it does:

Other Details:

The instrument amends the Defence Determination 2016/19, Conditions of service and repeals the Defence (Early return of members from post) Determination 2021.

• The instrument extends until 20 January 2025 the non-reduction of salary for Supervisor Section Supply Chain (Corporal) and Unit Quartermaster Advanced (Corporal). This preserves the salary of members who have not completed the Mounted Leader Course due to unanticipated delays.
• The instrument also provides removal benefits relating to pets and vehicles for members posted to an external territory of Australia or Thursday Island, and provides removal and storage of excess furniture for members (without dependants or unaccompanied) who are posted to RAAF Base Tindal for at least 6 months if they elect to live in living-in accommodation.
• Furthermore, the instrument ensures access to suitable living‑in accommodation as respite accommodation for members regardless of rank on‑board a seagoing submarine when alongside in a foreign port or any port that is not the vessel’s home port.
• The instrument also updates the rates for food allowance for members posted to a seagoing ship that is temporarily unfit for a member to live in.
• Moreover, the instrument extends additional excess baggage entitlements for overseas travel in specified circumstances from 30 September 2022 until 1 March 2023.
• Additionally, the instrument expands the flexible housing trial to any location within Australia and enables a member to access suitable housing in an extended posting location to allow a member’s dependant, who is a child, to remain in childcare, pre-school, primary school or secondary school.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01339]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Defence

Commencement: 13 October 2022

Made under: section 58B of the Defence Act 1903

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Annex 3.2.B: Salary non-reduction - members with the rank of Warrant Officer Class 1 or lower’, Defence.
• ‘Division 1: Removal, storage or sale of items’, Defence.
• ‘Division 2: Baggage benefits’, Defence.
• ‘Division 3: Pet relocation’, Defence.
• ‘Flexible housing trial’, Defence.
• ‘Living-in Accommodation’, Defence Housing Australia.
• ‘Part 5: Meal allowance’, Defence.

What it does:

Other Details:

Provides a member commencing a long-term posting overseas a travel benefit for a close relative to accompany the member to the overseas posting location and provide care arrangements for the member’s dependants and to assist with the member’s return to Australia at the end of their posting. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 7 October 2022 [F2022L01328]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Defence

Commencement: 8 October 2022

Made under: section 58B of the Defence Act 1903

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Pay and Conditions Manual/Chapter 15: living and working on long-term posting overseas’, Department of Defence.

What it does:

Other Details:

The instrument replaces the Education Services for Overseas Students (Calls on the OSTF - requirements for payments) Determination 2012 (No. 1), which was due to sunset on 1 October 2022.

• The Overseas Students Tuition Fund (OSTF) is part of the Tuition Protection Service (TPS) framework and exists to strengthen tuition protection to ensure overseas students, and intending overseas students, receive the tuition they have paid for or, as a last resort, a refund. A payment from the OSTF under section 50B of the Education Services for Overseas Students Act 2000 (the Act) is made to a student, a person other than a student (for example, a person who is authorised to act on behalf of a student who is under 18) or a provider, for the purpose of funding the placement and refund activity of the TPS framework.
• The instrument will specify how payments under section 50B of the Act must be made. For example, payments to a student under paragraph 50B(3)(c) must be made electronically, and in Australian dollars, to a transaction account nominated by, and in the name of, the student.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01302]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Education

Commencement: 1 October 2022

Made under: subsection 50B(5) of the Education Services for Overseas Students Act 2000

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘International Providers’, Department of Education.
• ‘Tuition Protection Service’, Department of Education.
• Dr Hazel Ferguson and Harriet Spinks, Overseas students in Australian higher education: a quick guide, Research paper series, 2020–21, (Canberra: Parliamentary Library, 2021).

What it does:

Other Details:

The instrument repeals and replaces the Education Services for Overseas Students (Notifying provider default – requirements for a notice) Determination 2012 (No. 1) and Education Services for Overseas Students (Provider default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1), which sunset on 1 October 2022.

• The instrument specifies the requirements for notices given by a registered provider under sections 46B and 46F of the Education Services for Overseas Students Act 2000 (the Act).
• Section 46B of the Act requires a registered provider to notify the relevant Education Services for Overseas Students (ESOS) Agency (specified in section 6C of the Act), the Tuition Protection Service (TPS) Director and the relevant students in the event of a default in relation to one or more overseas students, or intending overseas students, and a course at a location. The Instrument specifies additional information that a provider must give when notifying the relevant ESOS agency and the TPS Director that the provider is unable to deliver a course as agreed with a student.
• Section 46F of the Act requires a registered provider to give notices to the relevant ESOS agency and the TPS Director of whether, and if so how, they have discharged their obligations under section 46D of the Act after a provider default in relation to one or more overseas students, or intending overseas students, and a course at a location. A provider discharges its obligations to a student under section 46D if the provider arranges for the student to be offered a place in a replacement course and the student accepts the offer in writing, or if the provider provides a refund in accordance with subsection 46D(6) of the Act.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01298]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Education

Commencement: 1 October 2022

Made under: subsections 46B(6) and 46F(5) of the Education Services for Overseas Students Act 2000

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘ESOS agencies’, Department of Education.

•      ‘Tuition Protection Service’, Department of Education.

• Dr Hazel Ferguson and Harriet Spinks, Overseas students in Australian higher education: a quick guide, Research paper series, 2020–21, (Canberra: Parliamentary Library, 2021).  

What it does:

Other Details:

The instrument replaces Education Services for Overseas Students (TPS Director to notify Immigration Secretary of payment of refunds) Determination 2012 (No. 1) which sunsets on 1 October 2022, and includes provisions which set out the information which must be included in the notice required to be given to the Immigration Secretary by the TPS Director if a refund is provided to a student, and how the information in the notice is to be given to the Immigration Secretary.

• Part 5 of the Education Services for Overseas Students Act 2000 (the Act) establishes tuition protection for overseas students, or intending overseas students, at registered providers which aims to ensure students are protected and supported in the event of a provider default.
• A provider default occurs where the student has not withdrawn from a unit of study, and the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start, or the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed.
• One of the mechanisms in the Act to protect and support students is the establishment of the Overseas Students Tuition Fund (OSTF), which can be used to refund students in the event that they are entitled to a refund, and the refund is not provided by the registered provider.
• If the Tuition Protection Service (TPS) Director provides a refund to a person specified in paragraph 50B(3)(b) or (c) of the Act, the TPS Director is required under section 50D of the Act to notify the Immigration Secretary. This is to ensure that the Immigration Secretary receives information that may be relevant to the monitoring of student compliance with visa conditions.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01303]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Education

Commencement: 1 October 2022

Made under: subsection 50D(3) of the Education Services for Overseas Students Act 2000

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘International Providers’, Department of Education.
• ‘Tuition Protection Service’, Department of Education.
• Dr Hazel Ferguson and Harriet Spinks, Overseas students in Australian higher education: a quick guide, Research paper series, 2020–21, (Canberra: Parliamentary Library, 2021).  

What it does:

Other Details:

Amends the Safety, Rehabilitation and Compensation (Specified Persons and Acts) Declaration 2019 to declare that certain members of emergency response teams operating at the direction of the National Emergency Management Agency are deemed to be employees under the Safety, Rehabilitation and Compensation Act 1988 (and are therefore covered under that Act). This instrument also repeals the Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1).

• The Safety, Rehabilitation and Compensation Act 1988 contains provisions relating to compensation, rehabilitation and liability in instances where employees under that Act suffer injuries.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 18 October 2022 [F2022L01360]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Employment and Workplace Relations

Commencement: 1 September 2022

Made under: subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources: none identified

What it does:

Other Details:

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 (No. 1) (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.

Registered on Federal Register of Legislation: 27 September 2022 [F2022L01258]

Tabled in House of Representatives: 28 September 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Employment and Workplace Relations

Commencement: 28 September 2022

Made under: subsection 7(2F) of the Work Health and Safety Act 2011

Regulation Impact Statement: not required (see Page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources: none identified

What it does:

Other Details:

Approves the Work Health and Safety (Managing the Risks of Respirable Crystalline Silica from Engineered Stone in the Workplace) Code of Practice 2022, which provides practical guidance to duty holders on meeting their obligations under the Work Health and Safety Act 2011 and the Work Health and Safety Regulations 2011. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 20 October 2022 [F2022L01368]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Employment and Workplace Relations

Commencement: 21 October 2022

Made under: subsection 274(2) of the Work Health and Safety Act 2011

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Model Code of Practice: Managing the risks of respirable crystalline silica from engineered stone in the workplace’, Safe Work Australia.

What it does:

Other Details:

Makes transitional arrangements for the data sharing scheme established by the Data Availability and Transparency Act 2022 (the Act) by prescribing six Australian entities as transitional entities, which are taken to be accredited data service providers (ADSP) for the purposes of the Act for a limited transition period.

• The Act establishes a data sharing scheme under which Commonwealth bodies are authorised to share their public sector data with accredited users, and accredited users are authorised to collect and use the data, in a controlled way. An ADSP is an intermediary accredited for the purpose of sharing data with users.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 28 September 2022 [F2022L01260]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Finance

Commencement: 29 September 2022

Made under: Schedule 3 to the Data Availability and Transparency (Consequential Amendments) Act 2022.

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary:

• Office of the National Data Commissioner, Consultation on the Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022, 12 September 2022

Resources:

• ‘Introducing the DATA Scheme’, Office of the National Data Commissioner.

What it does:

Other Details:

The instrument amends the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for government spending on an activity administered by the Department of Home Affairs.

• The instrument amends Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for the Government to provide a grant to Fortem Australia Limited (Fortem) to deliver a national program to provide psychological support, wellbeing activities and training in mental health literacy for first responders involved in natural disaster settings and their families.
• Fortem is a registered charity organisation established in 2019 to fill a need for first responders and their families by providing free mental health and wellbeing support to current-serving professional and volunteer first responders and their families.
• The Government will provide ad-hoc grant funding of up to $2.5 million (with the initial grant of no more than $2.0 million) in 2022-23 to enable Fortem to expand its program providing regional outreach, along with telehealth and virtual access.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01284]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Finance

Commencement: 1 October 2022

Made under: section 65 of the Financial Framework (Supplementary Powers) Act 1997

Regulation Impact Statement: none required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Who We Serve’, Fortem Australia.
• ‘Fortem Australia Limited’, Australian Charities and Not-for-profits Commission.

What it does:

Other Details:

Amends Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 by inserting a new clause 10AA to prescribe the Domestic, Family and Sexual Violence Commission (DFSV Commission) as a listed entity for the purposes of the Public Governance, Performance and Accountability Act 2013. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01388]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Finance

Commencement: 1 November 2022

Made under: Section 101 and paragraph 103(e) of the Public Governance, Performance and Accountability Act 2013

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• Amanda Rishworth (Minister for Social Services) and Justine Elliot (Assistant Minister for Social Services, Assistant Minister for the Prevention of Family Violence), ‘National search for inaugural Family, Domestic and Sexual Violence Commissioner’, media release, 30 June 2022.
• Nour Haydar, ‘Federal government to appoint a Family, Domestic and Sexual Violence Commission’, ABC News, 24 November 2021.

What it does:

Other Details:

Amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014 to list an additional 28 persons for targeted financial sanctions and travel bans. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01281]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Foreign Affairs and Trade

Commencement: 30 September 2022

Made under: paragraphs 6(a) and (b) of the Autonomous Sanctions Regulation 2011

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the Instrument)

Committee comment: none identified

Commentary:

• Clifford Chance, ‘Ukraine: The Latest Global Sanctions and Export Controls’, 8 October 2022
• Mr Watchlist, ‘October 3, 2022: ASO incorporates UN Yemen addition, and makes autonomous Russia sanctions changes’, 5 October 2022

Resources:

• ‘Snapshot: Russia/Ukraine sanctions regimes’, Department of Foreign Affairs and Trade.
• ‘Sanctions regimes’, Department of Foreign Affairs and Trade.
• Leah Ferris, Australian sanctions law: a quick guide, Research paper series, 2022–23, (Canberra, Parliamentary Library, 2022).
• Leah Ferris, ‘Sanctions imposed on Russia in response to aggression against Ukraine - how are they imposed under Australia's sanctions laws?’, FlagPost (blog), Parliamentary Library, 28 February 2022.

What it does:

Other Details:

The instrument amends the Autonomous Sanctions (Import Sanctioned Goods—Russia) Designation 2022 to designate gold as an import sanctioned good for Russia.

• The Autonomous Sanctions Regulations 2011 (the Regulations) make provision for, amongst other things, the designation of goods as ‘import sanctioned goods’, the import, purchase or transport of which is prohibited under regulation 12A of the Regulations.
• The prohibition on the import of these products is in response to Russia’s illegal war against Ukraine. Gold has been Russia’s top export after energy in recent years, representing five per cent of global gold exports in 2020. Coordinated action to restrict trade in Russian gold has been deemed necessary to further curtail Russia’s ability to fund its invasion of Ukraine.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01282]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Foreign Affairs and Trade

Commencement: 30 September 2022

Made under: subregulation 4A(3) of the Autonomous Sanctions Regulations 2011

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary:

• ‘Russia – Australia prohibits import of Russian gold’, The National Tribune, 1 October 2022.
• ‘Russia – Australia prohibits the import of Russian gold’, Department of Foreign Affairs and Trade, 1 October 2022.
• ‘Russia – Australia prohibits import of Russian gold’, Mirage.News, 1 October 2022.

Resources:

•      Leah Ferris, ‘Sanctions imposed on Russia in response to aggression against Ukraine - how are they imposed under Australia’s sanctions laws?’, FlagPost (blog), Parliamentary Library, 28 February 2022.

• Leah Ferris, Australian sanctions law: a quick guide, Research paper series, 2022–23 (Canberra: Parliamentary Library, 2022). 
• ‘Australia and sanctions’, Department of Foreign Affairs and Trade.

What it does:

Other Details:

Amends the Aged Care Quality and Safety Commission Rules 2018 to specify arrangements to allow the Aged Care Quality and Safety Commissioner to deal with incidents reported by providers of Commonwealth-funded aged care services. It also amends the Quality of Care Principles 2014 to deem reportable incidents that involve unlawful sexual contact or inappropriate sexual conduct as Priority 1 incidents.

• Priority 1 incidents require providers of aged care, within 24 hours of becoming aware of the incident, to provide the Quality and Safety Commissioner a description of the incident, including details as specified by the Quality of Care Principles 2014.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01275]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: Schedule 1 commences on 3 October 2022. Schedule 2 commences on 1 December 2022. The remainder of the instrument commences on 30 September 2022.

Made under: Section 96.1 of the Aged Care Act 1997 and section 77 of the Aged Care Quality and Safety Commission Act 2018

Regulation Impact Statement: The Department of Health and Aged Care has certified that a package of independent reviews was equivalent to a Regulatory Impact Statement. These reviews are published on the Office of Best Practice Regulation website.

Committee comment: none identified

Commentary: none identified

Resources:

• Rebecca Storen and Alex Grove, Aged care: a quick guide, Research paper series, 2020–21, (Canberra, Parliamentary Library, 2021). 
• ‘Home’, Aged Care Quality and Safety Commission.
• ‘Serious Incident Response Scheme (SIRS)’, Department of Health and Aged Care.
• ‘Residential aged care funding reform’, Department of Health and Aged Care.

What it does:

Other Details:

Amends several legislative instruments made under the Aged Care Act 1997 and the Aged Care (Transitional Provisions) Act 1997 to replace the Aged Care Funding Instrument (ACFI) with the Australian National Aged Care Classification (AN-ACC) as the residential aged care subsidy calculation model from 1 October 2022.

Introducing the AN‑ACC funding model responds to Recommendation 120 of the Final Report of the Royal Commission into Aged Care Quality and Safety, which provided:

By 1 July 2022, the Australian Government should fund approved providers for delivering residential aged care through a casemix classification system, such as the Australian National Aged Care Classification model. The classification system should take into account the above recommendations for high quality aged care. Ongoing evidence-based reviews should be conducted thereafter to refine the model iteratively, for the purpose of ensuring that the model provides accurate classification and funding to meet assessed needs.

The new AN-ACC funding model will link calculation of a variable amount of residential aged care subsidy to each care recipient’s AN-ACC classification level. It will also link calculation of a fixed amount of subsidy to the characteristics of residential aged care services. This fixed component will be the same for all residents at a residential care service and will be higher for services in remote locations and certain specialist services, in recognition of higher fixed operating costs.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01276]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: Section 96.1 of the Aged Care Act 1997 and section 96.1 of the Aged Care (Transitional Provisions) Act 1997

Regulation Impact Statement: not required (see page 3 of the Explanatory Statement for the Instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Residential aged care funding reform’, Department of Health and Aged Care.
• Royal Commission into Aged Care Quality and Safety, Final report : care, dignity and respect, 2021.
• Rebecca Storen and Alex Grove, Aged care: a quick guide, Research paper series, 2020–21, (Canberra, Parliamentary Library, 2021). 

What it does:

Other Details:

Amends the Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014 (the Principal Determination).

• This instrument removes section 5 and 6 of the Principal Determination, which dealt with the Secretary’s determination of the viability supplement in relation to eligible residential care services under subsection 44-29(2) of the Aged Care (Transitional Provisions) Act 1997. This section is repealed as a consequential amendment to amendments made by item 77 of Schedule 1 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022, which repeals the viability supplement.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01277]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: Sections 44.5B and 44.29 of the Aged Care (Transitional Provisions) Act 1997

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the Instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Aged Care Home Costs and Fees’, My Aged Care
• ‘Understanding Aged Care Costs’, Services Australia
• ‘Subsidy for Residential Aged Care’, Department of Health and Aged Care
• Rebecca Storen and Alex Grove, Aged care: a quick guide, Research paper series, 2020–21, (Canberra, Parliamentary Library, 2021). 

What it does:

Other Details:

Amends the Continence Aids Payment Scheme 2020 (CAPS) to ensure that care recipients who have continence products provided as part of a residential care service are not additionally eligible for payments for these products under the CAPS. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01278]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: section 12 of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Continence Aids Payment Scheme’, Services Australia. 2021.

What it does:

Other Details:

Extends the COVID-19 support services cessation date from 30 September 2022 to 31 December 2022 for the Health Insurance (Section 3C Pathology Services – COVID-19) Determination 2020 and the Health Insurance (General Practice COVID-19 Management Support Service) Determination 2021 and from 31 October 2022 to 31 December 2022 for the Health Insurance (General Practice COVID-19 Treatment) Determination 2022. The extension of these instruments will allow patients to continue to access these COVID-19 support services until 31 December 2022.

See the Explanatory Statement  for the instrument for further information.

Registered on Federal Register of Legislation: 28 September 2022 [F2022L01263]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: Sections 1 to 4 and Schedule 1 commence on 30 September 2022. Schedule 2 commences on 1 October 2022.

Made under: subsection 3C(1) of the Health Insurance Act 1973

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Coronavirus information for health professionals’, Services Australia.
• ‘If you need a payment’, Services Australia.

What it does:

Other Details:

Amends the Health Insurance (Allied Health Services) Determination 2014 to amend eight existing items and introduce 16 new items for group psychological therapy health (PTH) services and focussed psychological strategies (FPS) services under the Better Access to Psychiatrists, Psychologists and General Practitioners through the Medicare Benefits Schedule (MBS) initiative. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01345]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 November 2022

Made under: Subsection 3C(1) of the Health Insurance Act 1973

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Better Access initiative’, Department of Health and Aged Care.
• ‘Better Access Initiative - supporting mental health care’, Services Australia.
• ‘Better Access to Mental Health Care initiative under Medicare’, Australian Psychological Society.

What it does:

Other Details:

The instrument amends the Health Insurance (Pathologist-determinable Services) Determination 2015 to allow new item 73436 (which is added to the Medicare Benefits Schedule by Health Insurance (Section 3C Co-Dependent Pathology Services) Amendment Determination (No. 6) 2022, discussed below) to be performed as a pathologist-determinable service from 1 November 2022.

• Pathologist-determinable services allow Medicare benefits to be paid for pathology services which are requested and performed by an approved pathology practitioner for their own patients, or for certain other tests. Section 4BA of the Health Insurance Act 1973 provides that the Minister for Health may determine by legislative instrument, that particular pathology services are pathologist-determinable services after consultation with the Royal College of Pathologists of Australasia.
• The new item will provide Medicare funding for MET proto-oncogene, receptor tyrosine kinase (MET) exon 14 skipping alterations (METex14sk) testing in patients diagnosed with locally advanced or metastatic non-small cell lung cancer to determine eligibility for treatment with tepotinib under the Pharmaceutical Benefits Scheme.
• METex14sk is a specific type of genetic variation that can result in faster tumour growth and patients with METex14sk commonly have a worse prognosis than those without these alterations.
• epotinib is a targeted drug that can improve health outcomes in patients who have METex14sk.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 17 October 2022 [F2022L01357]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 November 2022

Made under: section 4BA of the Health Insurance Act 1973

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘MBS Online’, Department of Health and Aged Care.
• ‘Pharmaceutical Benefits Scheme’, Services Australia.
• ‘Tepmetko’, Department of Health and Aged Care.

What it does:

Other Details:

The instrument amends the Health Insurance (Section 3C Co-Dependent Pathology Services) Determination 2018 to vary three existing items on the Medicare Benefits Schedule (MBS) and creates one new item.

• The instrument amends existing items 73337, 73341 and 73344 to replace the reference to the specific drug ‘pembrolizumab’ with a more general reference to ‘an immunotherapy’ which will cover pembrolizumab, cemiplimab, other Pharmaceutical Benefits Scheme (PBS) listed immunotherapies and future listed drugs.
• This enables Medicare benefits to be payable for biomarker testing for the evaluation of the absence of epidermal growth factor receptor (EGFR), anaplastic lymphoma kinase (ALK) or ROS proto-oncogene (ROS1) to determine patient eligibility for treatment with a PBS listed immunotherapy drug, such as cemiplimab or pembrolizumab.
• Cemiplimab and pembrolizumab are immunotherapy drugs that are used to treat a number of cancers.
• The instrument also inserts new item 73436 into the MBS. The new item will provide Medicare funding for MET proto-oncogene, receptor tyrosine kinase (MET) exon 14 skipping alterations (METex14sk) testing in patients with locally advanced or metastatic NSCLC to determine eligibility for treatment with tepotinib under the PBS.
• METex14sk are a specific type of genetic variation that can result in faster tumour growth and patients with METex14sk commonly have a worse prognosis than those without these alterations.
• Tepotinib is a targeted drug that can improve health outcomes in patients who have METex14sk.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 17 October 2022 [F2022L01358]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 November 2022

Made under: subsection 3C(1) of the Health Insurance Act 1973

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘MBS Online’, Department of Health and Aged Care.
• ‘Pharmaceutical Benefits Scheme’, Services Australia.
• ‘Tepmetko’, Department of Health and Aged Care.
• ‘How does Keytruda work’, Keytruda (pembrolizumab) Injection 100 mg
• ‘Cemiplimab for cutaneous squamous cell carcinoma, basal cell carcinoma, non-small cell lung cancer’, NPS MedicineWise
• ‘Medicare Benefits Schedule – Item 73337’, MBS Online Medicare Benefits Schedule.
• ‘Medicare Benefits Schedule – Item 73341’, MBS Online Medicare Benefits Schedule.
• ‘Medicare Benefits Schedule – Item 73344’, MBS Online Medicare Benefits Schedule.

What it does:

Other Details:

The instrument enables patients to access Medicare benefits for general practice telehealth or phone services by amending subsection 5(1) and paragraph 7(6)(a) of the Health Insurance (Section 3C General Medical Services – Telehealth and Telephone Attendances) Determination 2021 (2021 Determination) by removing, for patients who have received a positive COVID-19 test result within the last 7 days, the general requirement for services to be performed by the patient’s usual medical practitioner.

• A ‘patient’s usual medical practitioner’ is defined as a medical practitioner (other than a specialist or consultant physician) who:
• has provided at least one service to the patient in the past 12 months, or
• is located at a medical practice at which at least one service to the patient was provided in the past 12 months.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 17 October 2022 [F2022L01359]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 13 October 2022

Made under: subsection 3C(1) of the Health Insurance Act 1973

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘MBS Online’, Department of Health and Aged Care.

What it does:

Other Details:

The instrument introduces a new item (294) to the Medicare Benefits Schedule to provide a 50 per cent loading to bulk-billed psychiatry attendance items delivered via video conference to eligible patients:

• located within Modified Monash area 2 to 7 (see information under ‘Resources’) and at least 15 kilometres away from the provider, or
• in a residential aged care facility, or
• of an Aboriginal Medical Service or an Aboriginal Community Controlled Health Service.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 17 October 2022 [F2022L01356]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 November 2022

Made under: subsection 3C(1) of the Health Insurance Act 1973

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘MBS Online’, Department of Health and Aged Care.
• ‘Modified Monash Model’, Department of Health and Aged Care.

What it does:

Other Details:

Amends the Medical Indemnity Rules 2020 and the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020 to extend the existing measure that allows retired doctors and endorsed midwives to return to private practice to assist with the COVID-19 response without losing their eligibility for medical indemnity insurance under the Run-off Cover Scheme entitlements to 31 December 2022

• The Run-off Cover Scheme reimburses Medical Defence Organisations and Medical Indemnity Insurers to cover claims made against medical practitioners who aren’t working.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 20 October 2022 [F2022L01367]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 21 October 2022

Made under: section 80 of the Medical Indemnity Act 2002 and section 90 of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Run off Cover Indemnity Scheme (ROCS)’, Services Australia.

What it does:

Other Details:

Repeals and remakes the National Health (Collaborative arrangements for midwives) Determination 2010 to continue the existing collaborative arrangements under which an authorised midwife may prescribe certain medicines under the Pharmaceutical Benefits Scheme. (See also National Health (Eligible Midwives) Determination 2022, discussed below.)

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 28 September 2022 [F2022L01261]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 29 September 2022

Made under: subsection 84(1) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 
• ‘About nurses and midwives’, Department of Health and Aged Care.

What it does:

Other Details:

Repeals and remakes the National Health (Collaborative arrangements for nurse practitioners) Determination 2010 to continue the existing collaborative arrangements under which a nurse practitioner may prescribe certain medicines under the Pharmaceutical Benefits Scheme. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 28 September 2022 [F2022L01264]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 29 September 2022

Made under: subsection 84(1) of the National Health Act 1953

Regulation Impact Statement: not required

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 
• ‘Learn More About Nurse Practitioners’, Australian College of Nurse Practitioners.

What it does:

Other Details:

The instrument amends Schedule 4 of the National Health (Commonwealth Price and Conditions for Commonwealth Payments for Supply of Pharmaceutical Benefits) Determination 2019 (PB 114 of 2019) to add, delete and alter listed pharmaceutical items which must be supplied as a complete pack.

• The amendments made by the instrument include the deletion of the listed drugs alendronic acid with colecalciferol and calcium, and fremanezumab from the list of pharmaceutical benefits to be supplied as complete packs only.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01305]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 98C(1) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Pharmaceutical Benefits Scheme’, Services Australia.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022).

What it does:

Other Details:

The instrument amends the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011 (Special Arrangement) to add brands of the listed drug bortezomib, the deletion of a brand of the listed drug cabazitaxel, the deletion of a responsible person from the list of responsible persons, and the alteration of circumstances in which a prescription may be written for the listed drugs avelumab, nivolumab, pembrolizumab, and rituximab.

• The Special Arrangement achieves greater efficiency in payment for the supply of injected or infused chemotherapy medicines to eligible patients being treated for cancer. The Special Arrangement also relates to the supply of medicines associated with the side-effects of cancer and cancer treatment at certain public hospitals
• The amendments reflect amendments made by the National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2022 (No. 10) (discussed below).

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01294]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 100(2) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• ‘Efficient Funding of Chemotherapy’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 

What it does:

Other Details:

The instrument amends the National Health (Growth Hormone Program) Special Arrangement 2015 (PB 85 of 2015) (Special Arrangement) to make changes to the drugs listed in Schedule 1, including the associated forms, manners of administration and brands. Schedule 1 to the instrument provides for the addition of the listed drugs mecasermin, and somatrogon to the Special Arrangement. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01307]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 100(2) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Pharmaceutical Benefits Scheme’, Services Australia.
• ‘Growth Hormone Program’, Department of Health and Aged Care.
• PBS Growth Hormone Program—Frequently Asked Questions—Mecasermin and Somatrogon,  Department of Health and Aged Care.

What it does:

Other Details:

The instrument amends the National Health (Highly Specialised Drugs Program) Special Arrangement 2021 (Special Arrangement) to delete the listed drug enfuvirtide from the Special Arrangement. It also provides for the addition of brands for the listed drugs plerixafor, and pomalidomide to the Special Arrangement.

• The Highly Specialised Drugs (HSD) Program provides access to specialised Pharmaceutical Benefits Scheme (PBS) medicines for the treatment of chronic conditions which, because of their clinical use and other special features, have restrictions on where they can be prescribed and supplied.  In most cases, medical practitioners are required to undertake specific training or be affiliated with a specialised hospital unit to prescribe these medicines.
• The amendments reflect amendments made by the National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2022 (No. 10) (discussed below).

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01293]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 100(2) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

• Resources:
• ‘About the PBS’, Department of Health and Aged Care.
• ‘Highly Specialised Drugs Program’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022).

What it does:

Other Details:

The instrument amends the National Health (Listed Drugs on F1 or F2) Determination 2021 (Principal Determination).

• Under the National Health Act 1953 (the Act), Pharmaceutical Benefits Scheme (PBS) listed drugs may be assigned to formularies identified as F1 and F2. F1 is intended for single branded drugs and F2 for drugs that have multiple brands, or are in a therapeutic group with other drugs with multiple brands. Drugs on F2 are subject to the provisions of the Act relating to price disclosure and guarantee of supply.
• The instrument amends the Principal Determination by adding to F1 four new drugs, decitabine with cedazuridine, mecasermin, somatrogon and trientine and removes two drugs enfuvirtide from F1 and alendronic acid with colecalciferol and calcium from F2 as these drugs will no longer be PBS listed from 1 October 2022. In addition, it also moves two currently listed F1 drugs, pomalidomide and plerixafor to F2.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01297]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 85AB(1) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• ‘Formulary Allocations - 1 October 2022’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 

What it does:

Other Details:

The instrument amends the National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012) (2012 instrument) to make changes to the pharmaceutical benefits listed on the Pharmaceutical Benefits Scheme (PBS) and related matters.

• Schedule 1 to the instrument provides for the addition of the listed drugs decitabine with cedazuridine, mecasermin, somatrogon, and trientine and forms of the listed drugs ethosuximide, fremanezumab, and tenecteplase to the Schedule of Pharmaceutical Benefits.
• The instrument also provides for the deletion of forms of the listed drug chorionic gonadotrophin and for the alteration of circumstances in which a prescription may be written for the supply of the listed drugs avelumab, brolucizumab, enzalutamide, nivolumab, ofatumumab, pembrolizumab, upadacitinib, and ustekinumab.
• Furthermore, Schedule 1 to the instrument provides for the following changes:
• the addition of 17 brands of existing pharmaceutical items
• the deletion of 7 brands of existing pharmaceutical items
• the alteration of responsible persons code for one existing brand of pharmaceutical item, and
• the deletion of 14 pharmaceutical items covered under Supply Only arrangements.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01291]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: sections 84AF, 84AK, 85, 85A, 88 and 101 of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 

What it does:

Other Details:

The instrument amends the National Health (Originator Brand) Determination 2015 to determine originator brands of pharmaceutical items for two drugs new to the Pharmaceutical Benefits Scheme (PBS) F2 formulary. These drugs are plerixafor and pomalidomide.

• All drugs on the F2 list are subject to price disclosure. The instrument is necessary to implement removal of originator brand data from price disclosure calculations (originator removal) in certain circumstances as set out in the National Health (Pharmaceutical Benefits) Regulations 2017.
• Originator removal will potentially increase price disclosure related price reductions because originator brands tend to maintain higher prices than other brands.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01296]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 99ADB(6B) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• ‘Formulary Allocations - 1 October 2022’, Department of Health and Aged Care.
• ‘Remove Originator - Fact Sheet’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022).

What it does:

Other Details:

The instrument amends the National Health (Pharmaceutical benefits—early supply) Instrument 2015 (PB 120 of 2015) to add, delete and alter listed pharmaceutical items and associated periods and circumstances.

• Schedule 1 to the instrument provides for the deletion of the listed drug alendronic acid with colecalciferol and calcium, and for the deletion of forms of the listed drug nifedipine. It also provides for the addition of the listed drugs decitabine with cedazuridine, and trientine, the addition of a maximum quantity and number of repeats for the listed drug enzalutamide, and the addition of a form of the listed drugs ethosuximide, and fremanezumab for the list of pharmaceutical benefits for which Pharmaceutical Benefits Scheme safety net entitlements will not apply for early supplies.
• Under subsection 84AAA(1) of the National Health Act 1953 (the Act), supply of a pharmaceutical benefit is an early supply if:
• the pharmaceutical item is specified in an instrument under subsection 84AAA(2) of the Act, and
• the supply of the pharmaceutical item is made within 20 days after the day of a previous supply to the person of the same or an equivalent pharmaceutical benefit and
• the supply does not result from a prescription originating from a hospital.

The amendments reflect amendments made by the National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2022 (No. 10), discussed above.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01304]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 84AAA(2) of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Pharmaceutical Benefits Scheme’, Services Australia.
• ‘About the PBS’, Department of Health and Aged Care.
• ‘PBS Safety Net early supply rule - Consumer Frequently Asked Questions’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 

What it does:

Other Details:

The instrument repeals the National Health (Price and Special Patient Contribution) Determination 2021 and determines prices and claimed prices by reference to the pricing and pack quantity of listed brands of pharmaceutical item, and the circumstances in which the Commonwealth pays the special patient contribution for the brands of pharmaceutical item.

• The instrument is a remake of the National Health (Price and Special Patient Contribution) Determination 2021 (PB 35 of 2021) which provides new pricing for over 200 listed brands consistent with the commencement of reforms to the National Health Act 1953 applicable from 1 October 2022 (as made by Part 3 of  Schedule 1 to the National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Act 2021), as well as other specified changes.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01295]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: section 85B of the National Health Act 1953

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About the PBS’, Department of Health and Aged Care.
• ‘Browse by Special Patient Contribution Premium’, Department of Health and Aged Care.
• Rebecca Storen, Rosalind Hewett and Emma Vines, The Pharmaceutical Benefits Scheme: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022). 

What it does:

Other Details:

Amends the Private Health Insurance (Benefit Requirements) Rules 2011 to reflect 1 October 2022 Medicare Benefits Schedule changes.

• The amendment rules implement changes to the classification of items on the Medicare Benefits Schedule (MBS) to reflect the introduction of ten new temporary pathology items for SARS-CoV-2 (COVID-19) and other respiratory pathogens. The new temporary MBS items take effect 1 October 2022 and cease 31 December 2022. The temporary MBS items supersede MBS items 69479 and 69480 which cease 30 September 2022.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01279]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 October 2022

Made under: subsection 333.20(1) of the Private Health Insurance Act 2007

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary:

• Department of Health and Aged Care, PHI 64/22 Private Health Insurance Legislation Amendment Rules (No. 11) 2022, 30 September 2022.

Resources: none identified

What it does:

Other Details:

The instrument updates the list of prostheses in Schedule 1 (the Prostheses List) for which a benefit must be paid where the prosthesis is provided in accordance with the Private Health Insurance Act 2007 (the Act). The instrument, which repeals and replaces the Private Health Insurance (Prostheses) Rules (No. 2) 2022, also sets out minimum and maximum benefits payable, and corrects drafting errors.

• Under the Act, benefits for prostheses are only payable if the prosthesis is provided in circumstances where a Medicare benefit is payable, or in circumstances provided by the Prostheses Rules. The Prostheses Rules may also attach further conditions to the payment of benefits for prostheses.
• The instrument adds 184 new Prostheses List billing codes, changes the listing details of 98 Prostheses List billing codes and deletes 146 Prostheses List billing codes.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 19 October 2022 [F2022L01365]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: 1 November 2022

Made under: item 4 of the table in section 333-20 of the Private Health Insurance Act 2007

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary:

• ‘PHI 69/22 Private Health Insurance (Prostheses) Rules (No. 3) 2022 and future decisions’, Department of Health and Aged Care.

Resources:

• ‘The Prostheses List’, Department of Health and Aged Care.
• ‘Prostheses List’, Department of Health and Aged Care.
• ‘Prostheses’, HealthDirect.

What it does:

Other Details:

The instrument amends the Therapeutic Goods (Medical Devices) Regulations 2002 and the Therapeutic Goods Regulations 1990 to introduce a priority review pathway for the evaluation of applications for the inclusion of promising new biologicals (such as, potentially, genetically modified cell therapies for treating cancers) in the Australian Register of Therapeutic Goods.

• The instrument also supports continuity of access to medical devices for Australian patient by:
• extending transitional arrangements for in vitro diagnostic medical devices that are companion diagnostics, from 1 July 2022 to 26 May 2026. These are pathology tests for identifying the presence or absence of biological features, such as genes, to determine whether a person is likely to benefit or be at risk from a particular medicine or biological. This aligns with similar arrangements in the European Union (EU).
• reducing fees for requests for consent to import or supply medical devices that do not comply with Australian labelling requirements as a result of transitioning to complying with new legislation in the EU.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01300]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Health and Aged Care

Commencement: Schedules 2 and 3 commence on 1 October 2022. Sections 1 to 4 and Schedule 1 commence on 1 July 2022.

Made under: subsection 63(1) of the Therapeutic Goods Act 1989

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Australian Register of Therapeutic Goods (ARTG)’, Department of Health and Aged Care.
• ‘IVD companion diagnostics’, Therapeutic Goods Administration, Department of Health and Aged Care.
• Rosalind Hewett, Rebecca Storen, Emma Vines and Alex Grove, Therapeutic goods: a quick guide, Research paper series, 2021–22, (Canberra: Parliamentary Library, 2022).   

What it does:

Other Details:

The instrument amends the Migration Regulations 1994 to repeal the Australian Agriculture Worker stream from the Subclass 403 Temporary Work (International Relations) visa (Subclass 403 visa) as the Government considers that agricultural workforce shortages are better met through a more recent visa stream, which provides a focus on labour from the Pacific, but can accommodate labour from other countries.

• The Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 inserted the Pacific Australia Labour Mobility (PALM) stream in Subclass 403 visa to provide for the temporary entry of workers under the PALM scheme administered by the Department of Foreign Affairs and Trade.
• At the same time, the Seasonal Worker Program (SWP) and Pacific Labour Scheme (PLS) streams were repealed from the Subclass 403 visa as the SWP and the PLS were combined into the PALM scheme.
• A dedicated agriculture worker visa stream is no longer required as agricultural workers can be accommodated through the PALM stream of the Subclass 403 visa using the existing regulations and system capabilities. Furthermore, repeal of the AAW stream means that the PALM scheme remains the key program for meeting agricultural workforce shortages.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01289]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Home Affairs

Commencement: 1 October 2022

Made under: subsection 504(1) of the Migration Act 1958

Regulation Impact Statement: not required (see page 1 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Subclass 403 Temporary Work (International Relations) visa’, Department of Home Affairs.
• ‘About’, Pacific Australia Labour Mobility.
• Susan Love, ‘The Pacific Australia Labour Mobility scheme and Australian Agriculture visa program - how will they work?’, FlagPost (blog), Parliamentary Library, 3 March 2022.

What it does:

Other Details:

Proposes alterations to the Customs Tariff Act 1995 and Notice of Intention to Propose Customs Tariff Alterations (No. 4) 2022. This has the effect of ensuring the specified tariff concessions continue to apply to the same goods in the same manner for as long as the additional duty (discussed below) is applied.

• Subsection 273EA(1) of the Customs Act 1901 provides that where Parliament is not sitting for a period of at least seven days, the Minister may publish a notice that within seven sitting days of the House of Representatives after the date of publication of the notice, the Minister will propose in Parliament a Customs Tariff alteration in accordance with particulars in the notice and operating as from such time as in the notice. Subsection 273EA(1) further provides that a notice that does not raise duty may apply retrospectively up to six months before the time of publication.
• This mechanism is used for initially effecting alterations to the Customs Tariff Act, particularly when such alterations are required to have effect in a short timeframe that cannot be achieved through a Customs Tariff Amendment Bill. Following the introduction of a Customs Tariff Proposal in the House of Representatives, the alterations contained in the Proposal will be incorporated into the Customs Tariff Act by a Customs Tariff Amendment Bill.
• This instrument advises of the intention to extend the application of an existing tariff measure to impose increased rates of duty on goods from Russia and Belarus. The Notice also amends the Notice of Intention to Propose Customs Tariff Alterations (No. 4) 2022 (the Previous Notice) which proposed temporary additional rates of duty on these goods. This amendment ensures that the proposal to exclude goods covered by concessional rates of duty also applies from 25 April 2022, when the Previous Notice commenced.
• The tariff measure, implemented on 25 April 2022, denies Russia and Belarus access to ‘Most Favoured Nation’ (MFN) status through the application of an additional tariff of 35 per cent on goods that are the produce or manufacture of Russia or Belarus. Under the Previous Notice, the measure is applicable to goods that were shipped to Australia on or after 25 April 2022, for a period of six months, and will expire on 24 October 2022. The instrument proposes to extend the application of the tariff measure for 12 months so that it will be applicable to goods imported into Australia during the period beginning at the start of 25 October 2022 and ending at the end of 24 October 2023.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01352]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Home Affairs

Commencement: Schedule 1 commences on 25 April 2022, and Schedule 2 commences on 25 October 2022

Made under: section 273EA of the Customs Act 1901

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Additional Duty Countries’, Australian Border Force
• ‘Australia set to impose tariff increases on all imports from Russia and Belarus’, pwc.

What it does:

Other Details:

Repeals the Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021, thereby removing legislative authority to enter into commitments under the Underwriting New Generation Investments Program. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01393]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Industry, Science and Resources

Commencement: 25 October 2022

Made under: section 33 of the Industry Research and Development Act 1986 

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary:

• Paul Karp, ‘Albanese budget scraps 'risky' Coalition plan to underwrite new power generation’, The Guardian, 25 October 2022. 

Resources:

• ‘Underwriting New Generation Investments program’, Department of Climate Change, Energy the Environment and Water
• Laura Schuijers, ‘The government's UNGI scheme: what it is and why Zali Steggall wants it investigated’, The Conversation, 29 April 2020.

What it does:

Other Details:

The instrument provides exemptions from certain requirements of the Civil Aviation Safety Regulations 1998 (CASR) to allow flight instructors who hold a grade 1 training endorsement to conduct flight training for some other endorsements despite not holding an instructor rating training endorsement, and related exemptions.

• The instrument also approves such flight instructors who have, within the previous 24 months, successfully completed an instructor proficiency check and who have successfully completed certain flight examiner training, to carry out flight tests and grants of certain ratings and endorsements.
• The instrument is intended to address the problem of the diminishing availability of suitably qualified flight instructors who can provide these services to other flight instructors and who are available to take up positions as head of operations of organisations that provide flight training.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01338]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 14 October 2022

Made under: regulations 11.056, 11.160, 11.205 and 61.040 of the Civil Aviation Safety Regulations 1998

Regulation Impact Statement: not required (see page 8 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary:

• ‘Extended training and testing privileges for Grade 1 training endorsement holders’, Civil Aviation Safety Authority.
• ‘We Asked, You Said, We Did’, Civil Aviation Safety Authority.

Resources:

• ‘About us’, Civil Aviation Safety Authority.

What it does:

Other Details:

The instrument 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 Part 121 proficiency check events by inserting additional exemptions.

• The instrument relates to the process for approving a person to conduct Part 121 proficiency checks (a flying skills-related check event for flight crew) if the person does not otherwise hold the prescribed qualification.
• Part 121 is an element of CASA’s new Flight Operations Regulations that commenced on 2 December 2021. Part 121 generally deals with Australian air transport operations in larger aeroplanes.
• Generally, an applicant applies to be approved to conduct Part 121 proficiency checks and under regulation 121.010 of the Civil Aviation Safety Regulations 1998 (CASR), by successfully demonstrating to CASA the conduct of the relevant proficiency check.
• This demonstration normally involves the applicant ‘checking’ actual flight crew members who require such checking (the persons being checked).
• However, legally, the persons being checked during the demonstration have been ‘checked’ by an applicant for the relevant checking approval, and not by an actually approved person, even though, at the end of the successful demonstration, the applicant is approved by CASA.
• The persons being checked must, therefore, undergo a repetition of the check they had already received, but this time by a legally approved person.
• This duplication was an unintended consequence of the relevant provisions in Part 121 of CASR. The purpose of the instrument is to, in effect, allow the ‘check’ conducted by the ultimately successful applicant for approval to be valid for the persons being checked. This obviates any need for the unintended duplication.
• This unintended consequence will be remedied on a more permanent basis when the regulations are amended in 2023.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 10 October 2022 [F2022L01331]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 11 October 2022

Made under: regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998

Regulation Impact Statement: not required (see page 6 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, Civil Aviation Safety Authority.

What it does:

Other Details:

Enables competitors in the Canungra Cup 2022 paragliding competition to fly in Class C airspace without holding licences and radiocommunications qualifications required for general sport aviation activities. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01371]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 22 October 2022

Made under: Regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998

Regulation Impact Statement: not required (see page 11 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources:

•  ‘Canungra Cup 2022’, Airtribune.

What it does:

Other Details:

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.

Registered on Federal Register of Legislation: 27 September 2022 [F2022L01259]

Tabled in House of Representatives: 28 September 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 28 September 2022

Made under: section 98 of the Civil Aviation Act 1988

Regulation Impact Statement: not required (see page 7 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources: none identified

What it does:

Other Details:

The instrument amends Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018 (Part 149 Manual of Standards) to provide that gyroplanes that are covered by Civil Aviation Order 95.12 and Civil Aviation Order 95.12.1 come within the scope of the aviation administration functions prescribed by the Part 149 Manual of Standards. This will enable sport aviation bodies or another person to apply for a Part 149 certificate to administer these aircraft under the Civil Aviation Safety Regulations 1998 (CASR).

• One of the main purposes of the Part 149 Manual of Standards is to prescribe aviation administration functions which approved self-administering aviation organisations (ASAOs) may perform under regulation 149.075 of CASR.
• The functions are prescribed in relation to aircraft that are defined as Part 149 aircraft in the Part 149 Manual of Standards.
• These aircraft include sport and recreation aircraft that have historically been exempted from certain provisions of CASR under Part 200 of CASR (which provides for modified application of the Regulations to certain aircraft). They are generally the subject of new Parts 103 (sport and recreation aircraft) and 131 (balloons and hot air airships) of CASR.
• It is intended that gyroplanes covered will be subject to Part 103 of CASR. However, there were consequential amendments made to the Part 149 Manual of Standards in 2021 which, amongst other things, removed references to gyroplanes that were still being administered by sport aviation bodies. The Part 149 (Approved Self-administering Aviation Organisations) Amendment Manual of Standards 2022 (No. 1) included amendments to reincorporate relevant sport and recreational aircraft into the scope of the Part 149 Manual of Standards, but unintentionally failed to fully include gyroplanes within the scope of the amendments. To remedy this, interim arrangements were put in place to provide for the safe operation of gyroplanes.
• To further address this, the instrument makes necessary changes to ensure the prescribed aviation administration functions cover gyroplanes, and to enable the sport aviation bodies that administer them to apply for a Part 149 certificate.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01310]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 5 October 2022

Made under: regulation 149.010 of the Civil Aviation Safety Regulations 1998

Regulation Impact Statement: not required (see page 5 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, Civil Aviation Safety Authority.
• ‘Part 149 of CASR Approved self-administering organisations’, Civil Aviation Safety Authority.

 What it does:

Other Details:

Amends the Radiocommunications (Spectrum Licence Tax) Determination 2021, which determines the amount of tax imposed by the Radiocommunications (Spectrum Licence Tax) Act 1997 on the initial holding date for a spectrum licence, and on each anniversary of that date. This instrument changes references to the 2016 Census of Population and Housing in the Determination to instead refer to the most recent 2021 Census of Population and Housing and population figures from it. These population figures are used to calculate the spectrum licence tax. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01318]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 5 October 2022

Made under: subsection 7(1) of the Radiocommunications (Spectrum Licence Tax) Act 1997.

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the Instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Spectrum licence taxes’, Australian Communications and Media Authority.

What it does:

Other Details:

Amends the Radiocommunications (Transmitter Licence Tax) Determination 2015, which sets the annual taxes for transmitter licences. This instrument changes references to the 2016 Census of Population and Housing in the Determination to instead refer to the most recent 2021 Census of Population and Housing and population figures from it. These population figures are used to calculate the transmitter licence tax. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01317]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 5 October 2022

Made under: Subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the Instrument)

Committee comment: none identified

Commentary: none identified

Resources: none identified

What it does:

Other Details:

The instrument amends the Telecommunications Regulations 2021 (the Regulations) to allow for the disclosure of certain customer data to financial services entities and the Commonwealth, states and territories for limited purposes.

• The instrument would permit carriers and carriage service providers to securely disclose government identifiers such as drivers licence and passport numbers to financial services entities (covering entities like Australian banks) and government agencies.
• Furthermore, if specified by the Minister, other information that relates to the identification of an individual in connection with existing and past customers of carriers and carriage service providers may also be securely disclosed.
• This secure disclosure would help to protect the customers of the particular carrier or carriage service provider in the event of a cyber security incident, fraud, scam, identity theft or malicious cyber activity.
• Without these amendments to the Regulations, carriers and carriage service providers would continue to be subject to the general prohibition on disclosing the information in accordance with section 276 of the Telecommunications Act 1997 (the Act) unless another secondary disclosure exception under Part 13 of the Act was applicable.
• Disclosures of personal information by carriers and carriage service providers in the circumstances described in either section 15A or section 15B of the Regulations (being a disclosure permitted by Division 3 of Part 13 of the Act) will be deemed disclosures authorised by law for the purposes of the Privacy Act 1988 or a registered Australian Privacy Principles code.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 11 October 2022 [F2022L01333]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 12 October 2022

Made under: section 594 of the Telecommunications Act 1997

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Telecommunications’, Office of the Australian Information Commissioner.
• ‘Advice on Optus data breach’, Office of the Australian Information Commissioner.

What it does:

Other Details:

Sets out the method for ascertaining the amount of annual carrier licence charge imposed on each carrier licence that was in force at the beginning of the 2020-2021 financial year. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 6 October 2022 [F2022L01326]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 7 October 2022

Made under: subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997

Regulation Impact Statement: not required (see page 3 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary:

• ‘Proposed Annual Carrier Licence Charge 2020–21 - consultation 15/2022’, Australian Communications and Media Authority.

Resources: none identified

What it does:

Other Details:

Provides dollar amounts relevant for determining the total of the charges that are imposed on carrier licences in force at the beginning of the 2020-2021 financial year under the Telecommunications (Carrier Licence Charges) Act 1997. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01320]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 5 October 2022

Made under: paragraphs 15(1)(a), (c) and (ca) of the Telecommunications (Carrier Licence Charges) Act 1997.

Regulation Impact Statement: not required (see page 3 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary:

• ‘Proposed Annual Carrier Licence Charge 2020–21 - consultation 15/2022’, Australian Communications and Media Authority.

Resources: none identified

What it does:

Other Details:

Amends the Transport Safety Investigation Regulations 2021 to establish a revised occurrence aviation reporting framework across four aircraft operation categories that incorporate concepts consistent with civil aviation legislation and international standards, and prescribe additional responsible persons in the aviation and marine industries who are required to provide reporting. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01354]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 1 January 2023

Made under: section 71 of the Transport Safety Investigation Act 2003

Regulation Impact Statement: not required (see page 8 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Amendment to the Transport Safety Investigation Regulations 2021’, Australian Transport Safety Bureau
• ‘Sharing safety information and mandatory reporting’, Civil Aviation Safety Authority

What it does:

Other Details:

Amends multiple instruments to support the ongoing implementation of the Australian Design Rules, which are closely aligned with leading international standards such as the United Nations Regulations wherever appropriate

• The Australian Design Rules (ADRs) are national standards for vehicle safety, anti-theft and emissions. The ADRs are generally performance based and cover issues such as occupant protection, structures, lighting, noise, engine exhaust emissions, braking and a range of miscellaneous items.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 25 October 2022 [F2022L01397]

Tabled in House of Representatives: 26 October 2022

Tabled in Senate: 27 October 2022

Disallowance period (sitting days): 15 days

Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts

Commencement: 26 October 2022

Made under: section 12 of the Road Vehicle Standards Act 2018

Regulation Impact Statement: not required (see page 9 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Australian Design Rules’, Department of Infrastructure, Transport, Regional Development, Communications and the Arts
• ‘Concerning the Adoption of Harmonized Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these United Nations Regulations’, United Nations Economics Commission for Europe, 20 October 2017
• ‘Global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles’, United Nations Economics Commission for Europe, 25 June 1998.

What it does:

Other Details:

The instrument determines $1,587.00 as the Male Total Average Weekly Earnings (MTAWE) trend figure for the June 2022 quarter in accordance with subsection 5A(7) of the Child Support (Assessment) Act 1989 (the Act).

• The MTAWE trend figure is used to determine the costs of children, which underpin administrative child support assessments for periods commencing in the subsequent calendar year. It is also used to generate various other elements in child support formula assessments.
• The amount determined is designed to ensure children of separated parents continue to share appropriately in the standards of living of their parents.
• Should a parent disagree with the assessment of their capacity to provide financial support based upon the costs of children that are based on the determined amount, they remain able to seek a departure from administrative assessment under Part 6A of the Act.
• Determination of the MTAWE amount is necessary for child support assessment purposes because the publication of trend estimates for the Average Weekly Earnings series, ordinarily published by the Australian Statistician, has been suspended since 2020 due to the impact of the COVID-19 pandemic on the labour market.
• Until the Australian Statistician resumes publication of the MTAWE trend figure for subsequent June quarters, the Minister is able to make a determination of the MTAWE.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 5 October 2022 [F2022L01323]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Social Services

Commencement: 6 October 2022

Made under: subsection 5A(6) of the Child Support (Assessment) Act 1989

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Child support assessment’, Services Australia.

What it does:

Other Details:

Amends multiple instruments to reflect the amendments made to the Family Law Act 1975 by the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 to give effect to a referral of power from Western Australia to the Commonwealth in respect of superannuation matters in family law proceedings for separating de facto couples in Western Australia. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 7 October 2022 [F2022L01330]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Social Services

Commencement: 8 October 2022

Made under:  subsections 9A(6) and 9B(5), section 1099DD, paragraphs (a) and (b) of the definition of partially asset-test exempt income stream in subsection 1118(1A), and subsection 1120A(5) of the Social Security Act 1991

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary:

• Mark Dreyfus (Attorney-General) and John Quigley (WA Attorney-General), ‘New laws support separating de facto couples in Western Australia’, media release, 28 September 2022.

Resources:

• David Markham, ‘Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019’, Bills Digest, 19, 2020–21, (Canberra, Parliamentary Library, 2020).

What it does:

Other Details:

The instrument provides that payments under the Memorial Services for Bali Bombings Travel Assistance Payment Guidelines (the Guidelines) are exempt lump sums for the purposes of paragraph 8(11)(d) of the Social Security Act 1991 (the Act).

• Paragraph 8(11)(d) of the Act allows the Secretary of the Department of Social Services, or their delegate, to determine by legislative instrument that an amount, or class of amounts, received by a person is an exempt lump sum under social security law.
• An exempt lump sum is excluded from the definition of ‘ordinary income’ under subsection 8(1) of the Act, meaning the exempt lump sum amount is not taken into account as part of the social security income test.
• The Financial Framework (Supplementary Powers) Act 1997 empowers Services Australia, on behalf of the Department of Foreign Affairs and Trade, to provide Australians who meet the eligibility criteria set out in the Guidelines, lump sum grant payments to assist with their travel expenses to attend the 20 year anniversary commemorations of the 2002 Bali bombings. This supports the participation of victims, families and first responders who wish to attend a 2022 Australian Government memorial service.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 5 October 2022 [F2022L01322]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Social Services

Commencement: 6 October 2022

Made under: paragraph 8(11)(d) of the Social Security Act 1991

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘The 2022 Memorial Services for Bali Bombings Travel Assistance Payment’, Services Australia.
• Anna Macdonald, ‘20th anniversary of Bali bombing memorial services to be held’, The Mandarin, 4 October 2022.
• ‘Invitation to travel 20th anniversary of Bali bombings’, Department of Foreign Affairs and Trade, 12 September 2022.
• Sarah Swain, ‘Bali bombings memorial services in Australia’, 9NEWS, 5 October 2022.

What it does:

Other Details:

The determination ensures that an amount paid to an eligible person under the Youpla Group Funeral Benefits Program (the Program) is an ‘exempt lump sum’ under paragraph 8(11)(d) of the Social Security Act 1991 (the Act).

• Paragraph 8(11)(d) of the Act allows the Secretary of the Department of Social Services, or their delegate, to determine by legislative instrument that an amount, or class of amounts, received by a person is an exempt lump sum under social security law.
• An exempt lump sum is excluded from the definition of ‘ordinary income’ under subsection 8(1) of the Act, meaning the exempt lump sum amount is not taken into account as part of the social security income test.
• A payment under the Program is a lump sum payment made by the Australian Government to support eligible persons affected by the collapse and liquidation of the Youpla Group of companies.
• The Program aims to meet the immediate costs of funeral claims for recently deceased fund members whose death was covered by an eligible funeral insurance policy issued by the Youpla Group.
• By determining that a payment made under the Youpla Group Funeral Benefits Program is an exempt lump sum under the Act, the amount of the payment will not be assessed as income for the purposes of the recipient’s social security payment.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 5 October 2022 [F2022L01324]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Social Services

Commencement: 7 September 2022

Made under: paragraph 8(11)(d) of the Social Security Act 1991

Regulation Impact Statement: not required (see page 3 of the Explanatory Statement for the instrument for further information).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Help for Youpla Group collapse families’, Department of the Prime Minister and Cabinet.
• ‘Youpla Group (formerly Aboriginal Community Benefit Fund)’, Australian Securitites and Investments Commission.
• ‘Youpla Group Funeral Benefits Program’, Australian Financial Complaints Authority, 20 September 2022.
• Lorena Allam, ‘Youpla funeral fund: compensation scheme to begin for Aboriginal victims of predatory insurer’, The Guardian, 5 September 2022.

What it does:

Other Details:

Determines information that should be included in an adjustment note, including a recipient created adjustment note, additionally to the requirements mentioned in subsection 29-75(1) of the A New Tax System (Goods and Services Tax) Act 1999.

• Adjustment notes and recipient created adjustment notes are needed where there is an adjustment event.
• An adjustment event is an event which cancels a supply or acquisition, alters the price paid or received by the parties or causes the supply or acquisition to become, or stop being, a taxable supply or creditable acquisition.
• Where an adjustment event results in the previously reported GST or input tax credit no longer correctly reflecting the GST or input tax credit for the supply or acquisition, an adjustment will arise. The adjustment will be either an increasing adjustment or decreasing adjustment.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01272]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 30 September 2022

Made under: paragraph 29-75(1)(c) of the A New Tax System (Goods and Services Tax) Act 1999

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)

Committee comment: none identified

Commentary:

• ‘Daily Update- 30 September 2022’, taxandsupernewsroom.
• Monthly tax update-October 2022, A & A Tax Legal Consulting.

Resources: none identified

What it does:

Other Details:

Remakes the relief in ASIC Class Order [CO 02/0273] for interests in managed investment schemes until 1 April 2025.

• ASIC Class Order [CO 02/273] provides exemptions to persons who are involved in a business introduction service from certain requirements under the Corporations Act 2001 . These are the fundraising, financial product disclosure, anti-hawking and advertising requirements that apply to a person making or calling attention to offers of securities or interests.
• A business introduction service is a business which identifies potential investors or sellers by providing information about investment or sale opportunities.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 29 September 2022 [F2022L01274]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 1 October 2022

Made under: paragraphs 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument)

Committee comment: none identified

Commentary:

• David Jacobson, ‘Regulation of Business Introduction Services’, Bright Law (blog), 3 February 2022.

Resources:

• Australian Securities & Investments Commission (ASIC), 22-070MR ASIC extends relief for business introduction services, 30 March 2022.

What it does:

Other Details:

The instrument grants a conditional individual waiver to BNP Paribas SA (ARBN 000 000 117) (BNPP) from the requirement to comply with any of the provisions of the ASIC Market Integrity Rules (Securities Markets) 2017 (the Rules).

• BNPP is the parent company of BNP Paribas Securities Services (ARBN 149 440 291) (BP2S).
• BP2S was not subject to the Rules due to a conditional waiver granted by ASIC under Rule 1.2.1 of the Rules on 27 April 2018.
• ASIC had granted BP2S the conditional waiver from the Rules because although BP2S was a trading participant of the ASX market, its access was restricted and only for discrete requirements in relation to its clearing activities. Most of the Rules were not relevant to BP2S’s activities in its limited capacity as a trading participant.
• Due to a merger between BP2S and BNPP, BNPP now carries out those activities covered by the conditional waiver, instead of BP2S which ceased to exist from 1 October 2022. As a clearing participant, BNPP was admitted as a trading participant of the ASX market.
• BNPP’s admission as a trading participant of the ASX market is conditioned upon BNPP having no connectivity to the ASX trading platform so that it cannot access the platform or place orders. This is identical to the conditions of BP2S’s admission as a trading participant when ASIC granted the conditional waiver.

Therefore, the instrument continues the relief under the previous conditional waiver, while reflecting that BNPP now undertakes the clearing activities that require it to have limited access as a trading participant. Consequently, the instrument exempts BNPP from the requirement to comply with any of the provisions of the Rules, effective from 5 October 2022.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 4 October 2022 [F2022L01309]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 5 October 2022

Made under: subrule 1.2.1(1) of the ASIC Market Integrity Rules (Securities Markets) 2017

Regulation Impact Statement: not required (see page 3 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Markets’, ASX
• ‘What Is Clearing? Definition, How It Works, and Example’, Investopedia
• ‘Register of waivers granted under ASIC market integrity rules’, Australian Securities and Investments Commission.

What it does:

Other Details:

The instrument repeals and remakes (with revisions to update and remove redundant provisions) the Australian Charities and Not-for-profits Commission Regulation 2013 (2013 Regulations) before the 2013 Regulations sunset on 1 April 2023.

• The instrument contains provisions concerning the Australian Charities and Not-for-profits Register, governance standards, external conduct standards, annual financial reporting obligations and information relevant to the definitions of small and medium registered entities.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01301]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 1 April 2023

Made under: section 200.5 of the Australian Charities and Not-for-profits Commission Act 2012

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary:

• ‘Remake of ACNC Regulations’, Treasury.
• ‘Birchstone Brief for the week ended 22 July 2022’, Birchstone Tax Law, 22 July 2022.
• ‘News – Not-For-Profit Newsletter – Edition 13’, Nexia Australia, 29 July 2022.
• AASB Submission on Exposure Draft on the Remake of ACNC Regulations, Australian Accounting Standards Board, 11 August 2022.
• Submission on the Remake of the ACNC Regulations, Anglicare Australia, 15 August 2022.
• ‘Remake of ACNC Regulations’, Justice Connect, 15 August 2022.

Resources:

• ‘About Us’, Australian Charities and Not-for-profits Commission.

What it does:

Other Details:

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.) 

Registered on Federal Register of Legislation: 26 September 2022 [F2022L01256]

Tabled in House of Representatives: 28 September 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 27 September 2022

Made under: section 26 of the Currency Act 1965

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources: none identified

What it does:

Other Details:

The instrument determines Reporting Standard GRS 114.1 Assets by Counterparty Grade and revokes the Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2013, to require certain information to be reported for specified periods to the Australian Prudential Regulation Authority (APRA). The instrument clarifies that reinsurance provided by the Australian Reinsurance Pool Corporation (ARPC) is not subject to a capital charge in recognition of the Australian Government guarantee that supports the reinsurance pool and amend the definition of an APRA-authorised reinsurer to include the ARPC.

• The instrument applies for reporting periods ending on or after 1 July 2022 to all general insurers that are authorised under the Insurance Act 1973. See the 5 related reporting standard determination instruments, set out below.)

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01350]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 14 October 2022

Made under: paragraph 13(1)(a) and section 15 of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Home’, Australian Reinsurance Pool Corporation.

What it does:

Other Details:

The instrument determines Reporting Standard GRS 114.1_G Assets by Counterparty Grade (Level 2 Insurance Group) to require certain information to be reported for specified periods to the Australian Prudential Regulation Authority (APRA). The instrument also revokes Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2016.

• The instrument applies to parent entities of Level 2 insurance groups. See the 5 related reporting standard determination instruments, set out above and below.)
• The instrument clarifies that reinsurance provided by the Australian Reinsurance Pool Corporation (ARPC) is not subject to a capital charge in recognition of the Australian Government guarantee that supports the reinsurance pool and amend the definition of an APRA-authorised reinsurer to include the ARPC.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01344]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 13 October 2022

Made under: paragraph 13(1)(a) and section 15 of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.

•      ‘Home’, Australian Reinsurance Pool Corporation.

What it does:

Other Details:

The instrument determines Reporting Standard GRS 114.3 Off-balance Sheet Business to require certain information to be reported for specified periods to the Australian Prudential Regulation Authority (APRA). The instrument also revokes Financial Sector (Collection of Data) (reporting standard) determination No. 8 of 2013.

• The instrument applies for reporting periods ending on or after 1 July 2022 to all general insurers that are authorised under the Insurance Act 1973. (See the 5 related reporting standard determination instruments, set out above and below.).
• The instrument clarifies that reinsurance provided by the Australian Reinsurance Pool Corporation (ARPC) is not subject to a capital charge in recognition of the Australian Government guarantee that supports the reinsurance pool and amend the definition of an APRA-authorised reinsurer to include the ARPC.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01348]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 14 October 2022

Made under: paragraph 13(1)(a) and section 15 of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Home’, Australian Reinsurance Pool Corporation.

What it does:

Other Details:

The instrument determines Reporting Standard GRS 114.3_G Off-balance Sheet Business (Level 2 Insurance Group) and revokes Financial Sector (Collection of Data) (reporting standard) determination No. 7 of 2016 - GRS 114.3 - G Off-balance Sheet Business (Level 2 Insurance Group). The instrument requires certain information to be reported for specified periods to the Australian Prudential Regulation Authority (APRA).

• The instrument applies to parent entities of Level 2 insurance groups. (See the 5 related reporting standard determination instruments, set out above and below.).
• The instrument clarifies that reinsurance provided by the Australian Reinsurance Pool Corporation (ARPC) is not subject to a capital charge in recognition of the Australian Government guarantee that supports the reinsurance pool and amend the definition of an APRA-authorised reinsurer to include the ARPC.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01346]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 14 October 2022

Made under: paragraph 13(1)(a) and section 15 of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Home’, Australian Reinsurance Pool Corporation.

What it does:

Other Details:

The instrument revokes the Financial Sector (Collection of Data) (reporting standard) determination No. 14 of 2013. It also determines the Reporting Standard GRS 117.0 Asset Concentration Risk Charge. The instrument requires certain information to be reported for specified periods to the Australian Prudential Regulation Authority (APRA).

• The instrument applies for reporting periods ending on or after 1 July 2022 to all general insurers that are authorised under the Insurance Act 1973. (See the 5 related reporting standard determination instruments, set out above and below).
• The instrument clarifies that reinsurance provided by the Australian Reinsurance Pool Corporation (ARPC) is not subject to a capital charge in recognition of the Australian Government guarantee that supports the reinsurance pool and amend the definition of an APRA-authorised reinsurer to include the ARPC.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01353]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 14 October 2022

Made under: paragraph 13(1)(a) and section 15 of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Home’, Australian Reinsurance Pool Corporation.

What it does:

Other Details:

The instrument revokes the Financial Sector (Collection of Data) (reporting standard) determination No. 11 of 2016 and determines the Reporting Standard GRS 117.0_G Asset Concentration Risk Charge (Level 2 Insurance Group). The instrument requires certain information to be reported for specified periods to the Australian Prudential Regulation Authority (APRA).

• The instrument applies to parent entities of Level 2 insurance groups. (See the 5 related reporting standard determination instruments, set out above).
• The instrument clarifies that reinsurance provided by the Australian Reinsurance Pool Corporation (ARPC) is not subject to a capital charge in recognition of the Australian Government guarantee that supports the reinsurance pool and amend the definition of an APRA-authorised reinsurer to include the ARPC.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 14 October 2022 [F2022L01349]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 14 October 2022

Made under: paragraph 13(1)(a) and section 15 of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: not required (see page 4 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Home’, Australian Reinsurance Pool Corporation.

What it does:

Other Details:

The instrument revokes the Financial Sector (Collection of Data) (reporting standard) determination No. 38 of 2015 (Determination No. 38).

• Determination No. 38 sets out the requirements for the provision of information to the Australian Prudential Regulation Authority (APRA) concerning strategic and actual asset allocation and members’ benefits flows of a select investment option.
• The information previously collected under Determination No. 38 is now collected in accordance with Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2021, which was determined by APRA in September 2021 as part of the Superannuation Data Transformation project.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 19 October 2022 [F2022L01366]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 28 October 2022

Made under: paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: a Regulation Impact Statement was prepared and lodged in connection with the wider Superannuation Data Transformation project.

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Strategic Asset Allocation’, Investopedia.
• ‘What Is Asset Allocation and Why Is It Important? With Example’, Investopedia.
• ‘Consultation on APRA’s Superannuation Data Transformation’, APRA.

What it does:

Other Details:

The instrument revokes Financial Sector (Collection of Data) (reporting standard) determination No. 41 of 2015 - SRS 703.0 - Fees Disclosed (Determination No. 41).

• Determination No. 41 set out the requirements for the provision of information to APRA about the fees and costs required to be disclosed on a Product Disclosure Statement relating to a MySuper product.
• The information previously collected under Determination No. 41 is now collected in accordance with Financial Sector (Collection of Data) (reporting standard) determination No. 22 of 2021 which was determined by the Australian Prudential Regulation Authority (APRA) in September 2021 as part of the Superannuation Data Transformation project.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 19 October 2022 [F2022L01364]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 28 October 2022

Made under: paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: a Regulation Impact Statement was prepared and lodged in connection with the wider Superannuation Data Transformation project.

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Product disclosure statements (PDS)’, MoneySmart.gov.au
• ‘MySuper’, The Treasury
• ‘Consultation on APRA’s Superannuation Data Transformation’, APRA.

What it does:

Other Details:

The instrument revokes Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2015 (Determination No. 6).

• Determination No. 6 sets out the requirements for the provision of information to the Australian Prudential Regulation Authority (APRA) relating to acquired insurance arrangements within a registrable superannuation entity.
• The information previously collected under Determination No. 6 is now collected in accordance with Financial Sector (Collection of Data) (reporting standard) determination No. 14 of 2021, which was determined by APRA in September 2021 as part of the Superannuation Data Transformation project.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 20 October 2022 [F2022L01369]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 28 October 2022

Made under: paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 and subsection 33(3) of the Acts Interpretation Act 1901

Regulation Impact Statement: a Regulation Impact Statement was prepared and lodged in connection with the wider Superannuation Data Transformation project.

Committee comment: none identified

Commentary: none identified

Resources:

• ‘About us’, APRA.
• ‘Register of superannuation institutions’, APRA.
• ‘Consultation on APRA’s Superannuation Data Transformation’, APRA.

What it does:

Other Details:

Amends the Superannuation Guarantee (Administration) Regulations 2018 to ensure that an employer is not required to make additional superannuation contributions as a result of a payment paid to an employee under the Aged Care Registered Nurses’ Payment to reward clinical skills and leadership. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 17 October 2022 [F2022L01355]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: 18 October 2022

Made under: section 80 of the Superannuation Guarantee (Administration) Act 1992

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary:

• ‘Aged Care Registered Nurses’ Payment to reward clinical skills and leadership’ Department of Health and Aged Care

Resources: none identified

What it does:

Other Details:

The instrument amends the Retirement Savings Accounts Regulations 1997 and the Superannuation Industry (Supervision) Regulations 1994 to enable superannuation funds and Retirement Savings Account (RSA) institutions to accept downsizer contributions for people who are aged 55 years and over.

• The instrument gives effect to the Government’s election commitment to expand the eligibility for downsizer contributions into superannuation by reducing the eligibility age from 60 to 55 years.
• Downsizer contributions allow contributions of up to $300,000 from the proceeds of the sale of a home into a superannuation fund.
• This improves the flexibility for Australians to contribute to their superannuation savings and may encourage people to downsize sooner to a residence that better suits their needs and increase the supply of larger residences for younger families.

See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01286]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Treasury

Commencement: the day Schedule 5 to the Treasury Laws Amendment (2022 Measures No. 2) Bill 2022 commences (assuming that that Bill passes Parliament and is enacted). The instrument will not commence if the Treasury Laws Amendment (2022 Measures No. 2) Bill 2022 is not enacted.

Made under: section 200 of the Retirement Savings Accounts Act 1997 and section 353 of the Superannuation Industry (Supervision) Act 1993

Regulation Impact Statement: none required (see page 2 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Downsizing contributions into superannuation’, Australian Taxation Office.
• Elo Guo-Hawkins, Julie Sienkowski and Jaan Murphy, ‘Treasury Laws Amendment (2022 Measures No. 2) Bill 2022’, Bills Digest, 11, 2022–23, (Canberra: Parliamentary Library, 2022), 32–34.

What it does:

Other Details:

The instrument amends the Statement of Principles concerning gingivitis (Balance of Probabilities) (No. 18 of 2022) (SoPs) by replacing an existing definition in Schedule 1. The SoPs sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Gingivitis is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• Specifically, the instrument changes the definition of ‘combined oral contraceptive pill’ in the SoPs to mean ‘an oral contraceptive pill containing estrogen at a minimum dose of 50 micrograms and a progestogen’.
• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01395]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
•  ‘The VEA’, Department of Veterans’ Affairs.
• ‘The MRCA’, Department of Veterans’ Affairs.
• ‘The Repatriation Commission’, Department of Veterans’ Affairs.

What it does:

Other Details:

The instrument sets out rules concerning grants of Acute Support Packages for specified kinds of persons for the purposes of the amendments to the Military Rehabilitation and Compensation Act 2004 made by the Defence Veterans’ and Families’ Acute Support Package Act 2022. It also repeals the Military Rehabilitation and Compensation (Family Support) Instrument (No.2) 2018. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01341]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 14 October 2022

Made under: section 268B of the Military Rehabilitation and Compensation Act 2004

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

•      ‘Defence, Veterans’ and Families’ Acute Support Package’, Department of Veterans’ Affairs

• Michael Klapdor, ‘Defence, Veterans' and Families' Acute Support Package Bill 2022’, Bills Digest, 8, 2022–23, (Canberra: Parliamentary Library, 2022).

What it does:

Other Details:

Sets out provisions for, and in relation to, the granting of an Acute Support Package of assistance or benefits to specified kinds of persons for the purposes of the amendments to the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 made by the Defence Veterans’ and Families’ Acute Support Package Act 2022. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01343]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 14 October 2022

Made under: section 41B of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Defence, Veterans’ and Families’ Acute Support Package’, Department of Veterans’ Affairs.
• Michael Klapdor, ‘Defence, Veterans' and Families' Acute Support Package Bill 2022’, Bills Digest, 8, 2022–23, (Canberra: Parliamentary Library, 2022).

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Acute Stress Disorder with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01377]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Acute stress disorder’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Allergic rhinitis is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01386]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Allergic rhinitis’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Allergic rhinitis with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01387]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Allergic rhinitis’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Diaphragmatic Hernia is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01374]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Diaphragmatic Hernia with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01373]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Leptospirosis is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01390]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Leptospirosis’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Leptospirosis with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01389]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Leptospirosis’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, malignant neoplasm of unknown primary site is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01380]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Malignant neoplasm of unknown primary site’, Repatriation Medical Authority.
• ‘What Is a Malignant Neoplasm?’, Everyday Health, 21 September 2017.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of unknown primary site with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01379]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority. ‘
• ‘Malignant neoplasm of unknown primary site’, Repatriation Medical Authority.
• ‘What Is a Malignant Neoplasm?’, Everyday Health, 21 September 2017.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Pleural Plaque is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01384]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Pleural plaque’, Repatriation Medical Authority.
•  ‘Pleural Plaque’, Radiopaedia.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Pleural Plaque with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01383]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Pleural plaque’, Repatriation Medical Authority.
•  ‘Pleural Plaque’, Radiopaedia.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Portal Vein Thrombosis is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01382]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Portal Vein Thrombosis’, Healthline.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Portal Vein Thrombosis with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01381]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Portal Vein Thrombosis’, Healthline.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Post-traumatic stress disorder (PTSD) is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01376]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

•      ‘Statements of principles’, Department of Veterans' Affairs.

• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Posttraumatic stress disorder’,  Repatriation Medical Authority.
• ‘Managing posttraumatic stress disorder (PTSD)’, Department of Veterans’ Affairs.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Post-traumatic stress disorder (PTSD) with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01375]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Posttraumatic stress disorder’,  Repatriation Medical Authority.
• ‘Managing posttraumatic stress disorder (PTSD)’, Department of Veterans’ Affairs.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, restless legs syndrome is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 25 October 2022 [F2022L01399]

Tabled in House of Representatives: 26 October 2022

Tabled in Senate: 27 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Restless legs syndrome’, Repatriation Medical Authority.
• ‘Restless legs syndrome’, Mayo Clinic.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting restless legs syndrome with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 25 October 2022 [F2022L01398]

Tabled in House of Representatives: 26 October 2022

Tabled in Senate: 27 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Restless legs syndrome’, Repatriation Medical Authority.
• ‘Restless legs syndrome’, Mayo Clinic.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Rotator Cuff Syndrome is connected with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01392]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Rotator cuff syndrome’, Repatriation Medical Authority.

What it does:

Other Details:

The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Rotator Cuff Syndrome with the circumstances of that service. (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non=warlike service.

Registered on Federal Register of Legislation: 24 October 2022 [F2022L01391]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 26 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 21 November 2022

Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Statements of principles’, Department of Veterans' Affairs.
• ‘Introduction to the RMA’, Repatriation Medical Authority.
• ‘Rotator cuff syndrome’, Repatriation Medical Authority.

What it does:

Other Details:

The instrument amends the MRCA Treatment Principles (No. MRCC 53/2013) (MRCA Treatment Principles) and the Treatment Principles (VEA Treatment Principles) to remove current statutory restrictions based on a resident’s classification level under Part 2.4 of the Aged Care Act 1997, which statutorily prevents the Military Rehabilitation and Compensation Commission and the Repatriation Commission (the Commissions) from approving allied health care services and provision of rehabilitation aids and appliances for persons with a ‘high level of residential care’ classification level. The instrument also amends the amount of financial support provided to eligible persons receiving residential care or residential respite care overseas to reflect the payment of an amount equal to the residential care subsidy payable each day for the same period in Australia under a new funding model known as the Australian National Aged Care Classification. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 30 September 2022 [F2022L01287]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 1 October 2022

Made under: section 286 of the Military Rehabilitation and Compensation Act 2004 and section 90 of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none required (see page 5 of the Explanatory Statement for the instrument).

Committee comment: none identified

Commentary:

• ‘All veterans in age care now eligible to access allied health services’, Department of Veterans’ Affairs.

Resources:

• ‘What is allied health?’, Allied Health Professions Australia.
• ‘The Rehabilitation Appliances Program (RAP)’, Department of Veterans’ Affairs.
• ‘Aids, equipment and modifications through the Rehabilitation Appliances Program (RAP)’, Department of Veterans’ Affairs.
• ‘Residential aged care funding reform’, Department of Health and Aged Care.

What it does:

Other Details:

Amends multiple instruments to transfer the responsibilities of the Education Boards to the Repatriation Commission and the Military Rehabilitation and Compensation Commission as a consequence of the decision of the Commissions to abolish the Boards

• The Repatriation Commission grants pensions and benefits, and provides treatment and other services under the Veterans’ Entitlements Act 1986 to veterans and members of the Australian Defence Force, their partners, widows, widowers and children. The Commission also provides advice to the Minister for Veterans’ Affairs on related issues.
• The Military Rehabilitation and Compensation Commission provides compensation and other benefits for current and former members of the Australian Defence Force who suffer an injury or disease due to service on or after 1 July 2004. It also provides for the dependants of members whose deaths were the result of an injury or disease due to service on or after 1 July 2004.

See the Explanatory Statement for further information.

Registered on Federal Register of Legislation: 21 October 2022 [F2022L01372]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 22 October 2022

Made under: subsection 117(8) of the Veterans’ Entitlements Act 1986 and subsection 258(4) of the Military Rehabilitation and Compensation Act 2004

Regulation Impact Statement: not required (see page 3 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Education Schemes’, Department of Veterans’ Affairs.
• ‘The Repatriation Commission’, Department of Veterans' Affairs.

What it does:

Other Details:

Provides for, and in relation to, the granting of an Acute Support Package of assistance or benefits to specified kinds of persons for the purposes of the amendments to the Veterans' Entitlements Act 1986 made by the Defence Veterans’ and Families’ Acute Support Package Act 2022. (See the Explanatory Statement  for further information.)

Registered on Federal Register of Legislation: 13 October 2022 [F2022L01342]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 14 October 2022

Made under: section 115S of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: none identified

Committee comment: none identified

Commentary: none identified

Resources:

• ‘Defence, Veterans’ and Families’ Acute Support Package’, Department of Veterans’ Affairs.
• Michael Klapdor, ‘Defence, Veterans' and Families' Acute Support Package Bill 2022’, Bills Digest, 8, 2022–23, (Canberra: Parliamentary Library, 2022).

What it does:

Other Details:

Amends multiple instruments to include reference to the newly created Part VIIIC in the Family Law Act 1975, inserted by the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020, to ensure coverage of Western Australian specific scenarios dealing with superannuation splitting for separating de facto couples. (See the Explanatory Statement for further information.)

Registered on Federal Register of Legislation: 19 October 2022 [F2022L01363]

Tabled in House of Representatives: 25 October 2022

Tabled in Senate: 25 October 2022

Disallowance period (sitting days): 15 days

Administered by: Veterans’ Affairs

Commencement: 20 October 2022

Made under: Subsections 5JA(6), 5JB(5), 52(1AA), (1AB) and (1AC) and sections 46ZC and 52BA of the Veterans’ Entitlements Act 1986

Regulation Impact Statement: not required (see page 2 of the Explanatory Statement for this instrument)

Committee comment: none identified

Commentary:

• Mark Dreyfus (Attorney-General) and John Quigley (WA Attorney-General), ‘New laws support separating de facto couples in Western Australia’, media release, 28 September 2022.

Resources:

• David Markham, ‘Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019’, Bills Digest, 19, 2020–21, (Canberra, Parliamentary Library, 2020).